Terms and Conditions

The following terms and conditions apply to all contractual relationships between “Instalingo for Translation” and any of its clients. The terms and conditions represent an entire agreement between the parties unless otherwise agreed upon in writing while eliminating all other terms and conditions – whether explicit or implicit – according to law or otherwise to the fullest extent permitted by law. …………… shall be the home country of the company.

 

  • 1. Definitions:

 

  • In these terms and conditions:

 

1-1  “Approved Price Quotation”: means the price quotation accepted by the client under a written acceptance sent to Abu Ghazaleh Translation Company, in addition to a written notice sent by the client to Instalingo to proceed with the services, or by clicking  “Continue” or “Order Now” by the client,  or similar available in the price quotation (provided that the client is not allowed to make any change to the price quotation, otherwise the price quotation shall be deemed rejected by the client).

 

1-2Client“: means the client who requests translation services from Instalingo for Translation Company (or the person whose translation services are requested on his behalf) as mentioned later in the price quotation.

 

1-3 “Confidential Information”: means any property information, expertise, or data that is confidentially disclosed by one party to the other (including, in case of the client, the source materials of outputs). However, they do not include the following information:

 

  • (a) Information already available to the public.
  • (b) Information already known to the receiving party upon receipt.
  • (c) Information obtained in good faith by the receiving party from a third party at any time after the date of receipt from the disclosing party.
  • (d) Information required by the law to be disclosed to the other party.

1-4 “Contract”: means a contract that includes an accepted price quotation besides these Terms and Conditions.

1-5 “Credit Account”: means an account available to the client after completing the form of credit account application (with fulfilling all requirements), and the verification of the request validity by the company’s financial team.

1-6 “Approved Credit Limit”: When creating a credit account, the company sets the credit limit for the client, any credit invoice may not exceed the approved credit limit.

1-7 “Deliverables”: means the final outputs generated as a result of the services.

1-8 “Intellectual Property”: includes all publication rights, trademarks, designs, patents, domain names, concepts, expertise, trade secrets, logos and all property and otherwise similar rights, whether registered or unregistered.

1-9 “Price Quotation”: means the price quotation issued by the company to the client.

1-10 “Services”: means the services specified in the price quotation.

1-11 “Source Materials”: means the document or documents provided by the client to the Company for translation, as specified in the price quotation.

1-12 “The Company”: means the company of Instalingo for Translation and Editing, which is a company registered in the State of ……………………

1 – 13 “Website”: means the Company’s website …………………………

1-14 “Workday”: means any day of the week except for Fridays, Saturdays or official holidays in the State of …………………………

 

  1. Translation Services Requests

2-1 Translation services requests and source materials that are provided to the company shall be subjected to these terms and conditions.

2-2 Contracts relating to any request to translation services, and any source of materials provided to the Company, may not be concluded unless and until an accepted price quotation is available. Upon the availability of an accepted price quotation, a contract between the client and Instalingo for Translation Company shall be concluded in relation to the services included in the concerned price quotation.

2-3 Subject to clause 2-4, the Company shall issue a price quotation after receiving a request for translation services from the client.

2.4 The Company reserves its right to reject issuing of any price quotation, or to provide any translation services in case the source materials contain any materials the Company deems, in its absolute discretion (without any obligation by its part to review the source materials to verify their appropriateness, legality or otherwise) that are abusive, obscene, or violate any law, or that the Company deems inappropriate in any way.

  1. Providing Services

3-1 Delivery: Subject to the receipt of all relevant amounts due from the client. The Company shall provide the services as per the accepted price quotation, according to the Company’s standard practices and procedures adopted at the time of issuing the price quotation to the client.

3-2 Required Information: The client shall provide all information related to services requested by the Company, the client shall ensure that all such information is accurate and complete.

3-3 Quality Level: The Company provides its services with specific quality levels; the client shall bear the responsibility of choosing the preferred level of service according to the requirements of the client. The Company shall provide the selected level of service as specified in the accepted price quotation; the Company is not obliged to verify whether the level of quality is appropriate to the client’s needs. Within the default level of quality “professional translation”, there is one professional translator. While the other level “distinguished translation” includes three separated phases of quality: translation, reviewing and proofreading.

4- Sudden Source: The company does not bear any responsibility to complete the translation in return for the offered price if there is a difference in the number of words and/or the nature of the translation, or if the source contains languages that differ from what could have been obtained from the source materials upon offering the price quotation in the beginning. The Company reserves its right to provide the client with an altered price quotation showing the difference resulting in the completion of the work, with amending the delivery date if necessary. Alternatively, the client may recover the paid amounts in case not accepting the altered price quotation proportionally to the part of the work that was not completed yet.

3-5 Delays on Weekend: In case the client purchases translation services on weekends or any other official holiday, this may lead to a slight delay in the time frame for delivery of the services. The Company shall exert its best efforts to ensure that this delay does not occur, provided that it shall notify the client as soon as practically possible on the first working day of any identified delay.

3.6 Errors in Source Materials: The Company assumes no responsibility in reviewing the quality of the source materials for the purposes of identifying any typographical or other errors, nor does it assume any responsibility to review the source materials or to correct any errors or omissions in therein, irrespective of the nature of such errors or omissions, and whatever effect they may have on the quality of the deliverables.

3-7 Final Delivery: Upon completion of the services, the Company issues the deliverables to the client, taking into account that the Company received all amounts due from the client.

3-8 Time Limits: The Company shall handover the deliverables to the client in accordance with the standard practices and procedures adopted in the Company at the time, or as specified in the price quotation. The Company shall exert its reasonable efforts to issue the deliverables on or before the agreed date/time of delivery, or within a reasonable time after the receipt of the accepted price quotation, in case the date/time of delivery is not agreed upon. The Company does not accept any responsibility for any delay to deliver in the specified deadline, if this was caused by unforeseen factors that may arise and cause an unexpected delay; such as unexpectedly difficult texts, or the unpredictable schedules of translators of different specializations in different time scales.

 

3-9 Change Order: For any addition or change to the scope of the agreed project, a new change order shall be rendered. Any changes or modifications to the source materials or the client’s instructions after the conclusion of the agreement after an accepted price quotation shall necessitate an additional cost. The same applies if the information provided by the client is proved to be inaccurate. The Company is not responsible for any subsequent changes made by the client to the final translation, regardless of the nature of these changes, and whether they are inserted to the text, form or format.

 

3-10 Warranty and Liability: The Company shall exert its utmost efforts to ensure that the final translation meets the client’s specific requirements, and to be void of errors. Nonetheless, all translations may differ linguistically depending on their nature, purpose, targeted audience and source text. The fact that there is more than one possible translation of the source materials, and that they may be translated differently does not grant the client the right to refuse to pay or to reject the final translation as unsatisfactory. The Company shall be committed to correct any possible error that may appear in the document within a reasonable time.

 

  1. Payment Terms

4.1 The client shall pay all applicable fees as specified in the price quotation, which will become due for payment or issuing an invoice for them in accordance with Clause 4.2 or Clause 4.3 (as required), unless substitute time of payment or issuing invoices is specified in the accepted price quotation.

4.2 In this clause 4.2, a sum of “1000” shall be specified in the currency set out in the price quotation, (whether in Pound sterling, US dollars, New Zealand dollars, Australian dollars, Canadian dollars, Singapore dollars, Euros, Jordanian dinars or UAE dirhams), except for cases where clause 4.3 applies, if the total amount due is:

(a) 1,000 or less, the total amount shall be due before commencement of to the services;

(b) more than 1000:

– 60% (or more) of the total amount due before commencement of to the services; and

– 40% (or the remaining amount) of the total amount due before issuing of deliverables (whether electronic or printed copy) to the client; and

  1. c) if the Company expects that the services period may exceed 30 days:

– 40% of the total amount due shall be paid before commencement of the services.

– 30% of the total amount due shall be paid at the midpoint of the expected service period to accomplish the services, (for example, if the accomplishment of services is expected to take 40 days, the second payment is due on the twentieth day); and

– 30% of the total amount due shall be paid for issuing the deliverables to the client.

 

4.3 In case the Client has a credit account in the Company, it is of paramount importance not to issue a credit invoice that exceeds the approved credit limit. The client shall pay an advance payment to stay within the approved credit limit to cover credit invoices. A credit invoice that exceeds the approved credit limit may not be issued.

 

  1. a) In case the Company expects that the period of services accomplishment may be less than 30 days, the Company issues invoices to the client as follows:

 

– 50% of the total amount due to be paid for the related deliverables before commencement of services;

– 50% of the total amount due to be paid for the related deliverables before issuing the deliverables to the client.

(b) In case the Company expects that the period of services accomplishment may be more than 30 days, the Company issues invoices to the client as follows:

 

– 30% of the total amount due for the related deliverables shall be paid before the commencement of services; and

 

– 30% of the total amount due for the related deliverables shall be paid at the midpoint expected to accomplish the services (e.g., if the services are expected to take 40 days, the second invoice shall be issued on the twentieth day); and

– 40% of the total amount due for the deliverables shall be paid before issuing them to the client.

 

(c) If the Company expected that the accomplishment of services may take a period longer than 60 days, unless otherwise specified in the price quotation, the Company shall issue monthly invoices to the client proportionally between the total amount due and the monthly amount, based upon the period expected to accomplish the services without exceeding the approved credit limit.

 

All invoices issued to clients who have credit accounts are considered payable by the tenth day of the next month following the month of issuing the invoice.

4.4 All payments shall be fully paid without deduction or clearing.

4.5 Effective taxes (value added tax or sales tax) and any other effective taxes and fees shall be added to the amount of the fees.

4-6 In case no amount is paid on the due date:

– The Company shall impose a fine on the amount at a rate of 10% annually calculated from the due date until the date of receipt of payments;

– The Company may suspend the provision of services or may halt to provide services or deliverables, and may- according to its discretion- terminate the contract in accordance with Clause 10-2.

4.7 In case the client is required to pay a deposit (an amount paid before the commencement of services), and the client uses a credit card for this purpose, the client’s credit card details shall be kept within a safe third party affiliated to the Company, and a provider of electronic payment services. The remaining amount (the price specified in the price quotation minus the deposit already paid) shall be deducted from the credit card immediately upon the completion of the work and before the delivery of files.

 

4.8 Unless otherwise agreed upon with the client, all invoices shall be issued and paid in local currency. Prices shall be set out without the value-added tax/sales tax unless otherwise specified. The value-added tax/sales tax shall be added at the correct rate to all inserted prices.

 

4.9 Additional fees shall be paid if any of the following are required to complete any work:

– Any investigation, inquiry or research that exceeds the required normal traditional translation due to any ambiguity in the items required to be translated.

– Additional services needed because the client made changes to the items required to be translated after confirming the order.

– Changes to a translated or proofread text that are not required for accuracy purposes, but rather requested by the client after delivery due to client’s special preferences relating to style or vocabularies.

 

4-10 The client shall be committed to compensate the Company for other necessary expenses, such as:

– Necessary travel expenses – whenever required – on the basis of cost.

– Necessary travel time as agreed upon.

– Services of documents delivery, whether urgent or express according to the client’s request, or costs of international telephone calls to clarify any ambiguities in documents or verification services contracted with third parties.

 

4-11 The Company deals with basic credit cards, such as Visa and MasterCard.

4.12 The Company does not deal or provide its services in countries prohibited by the Office of Foreign Assets Control (OFAC).

4-13 Once the payment is made, the client shall be notified by email within 24 hours to confirm the receipt of payment.

 

  1. Refund Policy

5-1 The Company is obliged to return the funds to the client for pages already translated in the following cases:

  1. a) The translation is no longer required: when client terminate the contract (totally or partially) under clause 10.1;

 

  1. b) Non-Delivery of Translation: The electronic translation was not delivered to the client after 14 working days from the delivery date set out in the accepted price quotation, provided that no fund be returned if the client fails to provide the company with all requested information – upon its request – in a proper time frame.

 

  1. c) Translation does not conform to what is requested: When the deliverables provided to the client are significantly different from the deliverables requested by it, as specified in the accepted price quotation (e.g., if the deliverables are issued in a language that is different from the requested target language); or

 

  1. d) Translation includes serious errors: When deliverables contain serious errors, provided that the client first requests, within one week, carrying out a revision to correct any such errors and to identify errors in delivery. In case the client identified the errors or requested a revision after the specified period, the client has no right to be refunded.

 

5.2 In case of refund of any amount of money, the refunded amount shall be 100% of the amount paid by the client for the related pages after deduction of the costs of express mail and delivery, and only if the following procedures/conditions are met/accomplished within ten working days from providing the relevant deliverables to the client:

 

(a) The Company’s receipt of a refund request in writing via an email sent to: accounts@abughazalah.com, where phone calls are not sufficient. The refund request must include the following: task number, date of order, the name of the company under which the service was ordered, name of the person that the invoice was sent to, the e-mail address used at the time of assignment of the requested service and the manner in which the service was paid for (e.g., credit card, cash, wire transfer).

 

  1. b) The client has completed the checklist to provide information relating to the appropriate context, overview, targeted audience, intonation of language, vocabularies and terms of the required glossary, before sending any source materials by the company to a translator affiliated to it.

 

  1. c) Where applicable, the client reasonably explained the reasons why the Company’s corrective suggestions would not be effective.
  2. d) An approved commitment by the client and submitted to the Company clearly stating that the client will not use the relevant deliverables/translations provided by the Company partially or totally for personal, commercial or any other purposes.

 

5.3 The Company seeks to investigate and to conduct the process of refund – where necessary – within 5 working days from the date of receipt of the refund request, however, the review and investigation period for refund requests may last up to two weeks. The reply shall be sent to the client whether the Company decided that it is necessary to refund the amounts. If the Company decides that the refund request meets the requirements of this clause (5), it shall notify the client in writing and to explain the way of payment that will be used for the refund.

 

  1. Intellectual Property

6.1 This contract does not include any clause stipulating the transferring to the Company any intellectual property in the source materials or deliverables.

6-2 Any intellectual property existing in the processes, methodology and the technical knowledge used by the Company in its application of the contract shall be deemed and remain property of the Company. Likewise, the contract does not include any clause transferring to the client any intellectual property owned by the Company.

 

  1. Confidential Information

 

7.1 The parties understand and recognize the confidential nature of confidential information.

7.2 The parties may not disclose any confidential information other than:

  1. a) The directors, employees, contractors or subcontractors affiliated to them with the extent necessary to implement the contract;
  2. b) with a prior and explicit written consent from the other party; or
  3. c) to its professional advisors.
  4. Client’s guarantees

8.1 The client shall confirm and ensure to the company the following:

  1. a) That he has and owns all the necessary rights in the source materials, which grants him the right to deliver those materials to the Company and request services in respect of them, accordingly, the client does not violate the intellectual property rights of any third party.

 

  1. b) That the client did not and will not provide anything to the Company or the website, and that client will not use anything in connection with its use of the website, the services or otherwise relating to the Company (whether a device, software or anything else, whether contained in the source materials or not) that may interfere with the performance of the Company’s systems and/or the website; and

 

  1. c) that the client has the authority to conclude and implement this agreement and the ability to fulfil the obligations of the client under it.

 

8.2 The client shall compensate the Company for any losses, costs (including legal fees or costs of attorney or the client), expenses, claims or legal obligations, whether direct, indirect, subsequent or otherwise, whether arising from contract or for damage (including damage due to negligence), property rights or otherwise, arising from a third party claim where such claim is due to any breach of commitments or guarantees provided by the client in this clause (8).

 

  1. Company’s Guarantees

9-1 The Company guarantees that it has the authority to conclude and implement this agreement and the ability to meet the obligations of the company under it.

 

9.2 Except for what is expressly stipulated in these Terms and Conditions, all guarantees, terms, and conditions (including but not limited to: guarantees and special conditions of purpose convenience and marketability), whether explicit or implicit under basic system, common law or otherwise, shall be deemed excluded by the company according to the extent permitted by law.

 

  1. Termination

10.1 The client may, without giving reasons, terminate any contract (or any part thereof, taking into account this clause 10.1) at any time up to 30 minutes after receipt of the first payment by the company in respect of that contract, through sending a written notice to the company within the aforementioned 30 minutes. The client may terminate a part of the contract only when a separate price is specified to the client in the accepted price quotation for services that are no longer required. In case of a partial termination of the contract under this clause, the client shall, at the time of sending the termination notice, identify the services that are no longer required. The client shall expect that transferring the refund will take place within a period not exceeding 45 days.

 

10-2 Without restricting any other rights or remedies that the company may have, the company may terminate the contract by sending a written notice to the client in case the client fails to pay any amount in arrears within five days from the date on which the Company sent a written notice to the client requesting it to pay that amount in arrears.

 

10.3 Without restricting the Company’s rights under Clause 10.2, either party may terminate the contract immediately in the following cases:

 

  1. a) if the other party violated any of its obligations under the contract and failed to remedy that breach within 20 days of receiving a notice asking it to remedy that breach; or

 

  1. b) If the other party became insolvent or intended to liquidate, or if a custodian or legal manager is appointed for its assets, or if it ceased to carry out the business or made any arrangement with its creditors.

 

10.4 Upon termination of the contract:

  1. a) any owed amounts to the company become immediately due and payable;
  2. b) Contract provisions which, by their nature, are intended to remain effective after termination, shall remain in full force and effect.
  3. Responsibility

11.1 Taking into account clause 11.2, the Company shall be liable for direct loss only (excluding business or profit losses, and excluding all subsequent losses) up to a maximum of $100.

11.2 As for “unique” services, the company shall only be liable for direct loss (excluding business or profit losses, and excluding all subsequent losses) up to the maximum amount paid by the client to the company in exchange for the services.

 

 

 

11.3 To the extent permitted by law, all implicit guarantees are excluded.

 

 

11.4 The Company shall not be liable to the client for any loss, damage, cost, expense or otherwise claims arising from any original documents or instructions provided by the client in an incomplete way or inaccurate or incorrect or illegible or nonsequential or in a wrong format or as a result of the late or non-arrival of such documents or instructions.

 

11.5 The company shall not be liable whatsoever for any change made to the translation or revision by any person other than the company.

 

11.6 The company shall not be liable to the client for any delay caused by a cause beyond the reasonable control of the company.

 

  1. Settlement of Disputes

12.1 If any dispute arises between the parties regarding any contract, details, acknowledgements or actions leading to the conclusion of the contract, the two parties may not initiate any judicial or arbitral proceedings relating to the dispute unless that party complies to the procedures stipulated in this clause (12).

 

12.2 The party initiating the dispute (the “first party”) shall be obligated to send a written notice of that dispute to the other party (the “other party”), and to mention in that notice the representative of the first party in the negotiations. The other party shall, within seven days of receiving the notice, send a written notice to the first party mentioning its representative in the negotiations. The nominated representative of each party shall have the right to settle or resolve the dispute.

 

12.3 If the two parties were unable to resolve the dispute through discussion and negotiation within 14 days from the date of receiving the written notice from the first party, the two parties shall refer the dispute to mediation immediately.

 

12.4 The mediation (arbitration) shall be carried out in accordance with the Standard Mediation Agreement of “LEADR New Zealand Inc.” Company. The mediation shall be carried out by the mediator in return for fees agreed upon by both parties. In case that an agreement cannot be reached between the two parties, the selection of the mediator and specifying of his remuneration shall be determined by the Chairman of “LEADR New Zealand Inc.” Company at that time.

 

  1. Consumer Guarantees Act

13.1 If a client purchases or obtains goods or services from the Company under a contract for business purposes, and the Consumer Guarantees Act of the year 1993 applies if this Clause 13-1 does not exist, the Consumer Guarantees Act of the year 1993 does not apply.

 

  1. General Provisions

14.1 Complete Agreement: Each contract represents a complete and exclusive statement of the agreement between the parties, and supersedes all previous proposals or agreements, whether oral or written, besides all other communications between the parties in relation to the subject of that contract.

 

14.2 Amendments: Except as specifically provided, any amendment to the contract becomes effective only when it is in writing and explicitly accepted by both parties.

 

14.3 Waiver: Any practice or failure to practice or delay in practice any right or remedy by a party shall not be deemed a waiver by that party of that right or any other right or remedy available to it.

 

14.4 Partial Nullity: If any terms of this contract or its application to any party or any details are deemed to be null or non-executable in any way, this shall not affect the other terms of the contract or their applications. It shall remain enforceable to the fullest extent permitted by law.

 

14.5 Independent Contractor: The Company is deemed as an independent contractor to the client, and is independent in all respects from the client. No contract stipulates that either party is a partner, agent, employee of, or a project participant with the other party.

 

14.6 Suspension: The company may suspend the implementation of its obligations under any contract as long as it is unable to implement for reasons beyond its control.

 

14.7 Reference: The client may not refer its rights under any contract without a prior written consent by the company.

 

14.8 Separability: If any of the contract terms deemed to be null, non-executable or illegal for any reason whatsoever, the contract shall remain fully effective except for the provisions that are deemed to be omitted.

 

14.9 Precedence: In case of any contradiction or inconsistency between the accepted price quotation and these Terms and Conditions, unless otherwise specified, these Terms and Conditions shall prevail.

 

10-14 Clients who use the Company’s website may not be minors or under the legal age of 18, they may not register as a user of the website, nor to perform any operations on it.

 

14.1 The credit card holders shall keep a copy of the transaction records that they make, along with the company’s terms and conditions of that transaction.

 

14-12 The users of the website are responsible for maintaining the confidentiality of their accounts.

 

  1. Notifications

15-1 Notices under each contract shall be in writing, and sent by post or fax to the address or fax number specified in the price quotation (unless otherwise notified in writing within seven days).

 

15.2 Notices sent by post shall be deemed received ten days after the date of their sending to or from an external destination, and after three days of their sending domestically within the country. Notices sent by fax are deemed received upon sending provided that the sender has a transmission report specifying the number of sent pages, date and time of transmission and acknowledging the success of the transmission.

 

15.3 If you need to contact us, please email to admin@agato.net, mentioning your name and reference number for the relevant task. Our legal name is Hadi Abu Ghazala for Legal Translation

 

  1. Applicable law

 

16.1 Each contract shall be governed and construed in accordance with New Zealand law, and the parties are subjected to the non-exclusive jurisdiction of the New Zealand courts. In case that any of the terms in these Terms and Conditions are null, or non-executable totally or partially, this shall not affect the validity or enforceability of the other terms contained in these Terms and Conditions.

 

  1. Privacy Policy

17.1 Any details of credit cards or any personal identifiable data will be retained, sold, shared with third parties or leased to third parties.

 

17.2 The Company will not grant any details of the credit or debit card to any third party.

 

17.3 While the Company takes all necessary steps to ensure the confidentiality and security of information, including the use of special hardware and software for this purpose, the Company with its website www.agatotranslate.ae cannot guarantee the security of any information disclosed via the Internet.

 

17.4 The Company assumes no responsibility for the confidentiality policies of external websites to which it links. If you give any information to any of those websites, that information will be subject to that third party’s provisions in collecting and using personal data. You should contact these parties directly if you have any questions about the use of the information they have collected.

 

17.5 The terms and policies of the website are subject to change from time to time to meet requirements and standards. Therefore, we urge our esteemed clients to review these provisions to see what has changed on the website. Changes shall be effective on the day they are published on the website.

 

FAQ

They are selected based on certain criteria, including measuring their ability to understand the texts required in the original language (before translation) and convert them into texts that are suitable for the second language reader (after translation), so that the translation is done in the best possible formulation that meets the clients’ standards

The translation is delivered in a word file coordinated according to the format agreed upon with the client, whether in terms of the general format, or in terms of the form of the requested translation itself.

Yes; Our team performs various types of translations, including legal translations; Where they are trained in the form of translations required for this specialization and how they can work to produce them in the exact form intended.