This is a legal agreement (”Agreement”) between you and Fairlingo, which will apply to you in respect of any and all services offered by or acquired (the “services”) from the Fairlingo Website (the “website”). This Agreement sets forth the terms and conditions governing the access and use of our website, including the provision of translation services resulting in text documents (”Translated Works”).
These terms explain who is involved in this agreement.
Fairlingo is a website service created in order to mediate between translators (”Service Providers”) and translation buyers (”Service Buyers”) through the Internet. If you wish to be registered, engage in transactions with other Members and use the services, available at the website, please read the following conditions.
This Agreement may be changed at any time by Fairlingo. It is the sole responsibility of the user to check, from time to time, the current version of the Agreement. The user waives any claim regarding this issue. Use of the services is strictly prohibited to minors or any person under the legal age in his or her country and prohibited to any person under the age of 18. If you misrepresent your age, your registration as a Member will be cancelled. By using the website you confirm and guarantee that you meet age restrictions requirements. When you register on the website you are asked to create your own profile. Your profile may include, but is not limited to, what is generally known as “personally identifiable information”, such as your user name and email address, and other general information you wish to disclose about yourself. Upon successful registration, you become a member of the website (a “Member”), and for as long as you remain a Member, you agree to comply with the applicable terms and conditions of this Agreement (the “Terms”). In case you only visit the website and you do not register as a Member (a “User”) you are still obligated under some of the conditions and terms of this Agreement. Fairlingo or you may terminate this Agreement at any time and for any reason whatsoever, effective upon sending written notice to the other party by email. The corresponding decision by Fairlingo takes effect at the moment of sending such a notice to the email address provided by you during registration, or to any other email address provided by you to Fairlingo. If you send a notice of termination, the corresponding decision by Fairlingo takes effect within several days. Your membership shall concurrently terminate without an obligation to make a payment, rebate or refund on the part of Fairlingo. Fairlingo does however reserve the right to suspend or terminate your membership at any time, without notice, if you breach this Agreement or any other terms and conditions posted on the website from time to time. Fairlingo assumes no responsibility whatsoever for your use of the website and/or services. It is for your sole, personal use and you may not distribute your user name and password allowing others to use the services through your membership.
This explains that we take all measures we can to ensure your personally identifiable information is kept secure, and we do not pass on your personally identifiable information to others for promotional activity. Use of the services is strictly prohibited to minors or any person under the legal age in his or her country and prohibited to any person under the age of 18. If you misrepresent your age, your registration as a member will be cancelled. By using the Website, you confirm and guarantee that you meet age restrictions requirements.
This explains that we take all measures we can to ensure your personally identifiable information is kept secure, and we do not pass on your personally identifiable information to others for promotional activity. Fairlingo uses your personally identifiable information to provide the services we offer. Contact information of the service buyer are only shown to the translator if said information has been provided before communication with the translater has taken place.
The following personal/company data is collected by Fairlingo:
Fairlingo may use your personally identifiable information and Original Works for auditing, research, and analysis to operate and improve the services Fairlingo offers. Fairlingo will not share your personally identifiable information with third parties, with the exception of the following:
a. Fairlingo may provide your personally identifiable information to Service Providers or other third parties who have contractually agreed to maintain its confidentiality, for the purposes of providing and improving our services.
b. Fairlingo may be required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, Fairlingo may share account or other information when it believes it is necessary to comply with law or to protect Fairlingo’s interests or property. This may include sharing information with other companies, lawyers, agents or government agencies.
c. If the ownership of all or substantially all of the Fairlingo business or assets were to change, your user information would likely be transferred to the new owner(s).
d. Fairlingo may share with or disclose to third parties having a duty of confidentiality, Original Works in aggregated or decompiled form, for the purposes of providing or improving our services.
e. Fairlingo may use your personally identifiable information to provide you with promotional emails or newsletters. If you do not want to receive promotional emails or newsletters from Fairlingo, please submit a request by emailing Fairlingo at support@Fairlingo.com. Fairlingo will make reasonable efforts to implement any choice you make as soon as possible; provided, however, Fairlingo reserves the right to send you certain communications relating to its services, such as service announcements and administrative messages without offering you the opportunity to opt out of receiving them.
This section gives an overview of Fairlingo’s services, and what happens when Fairlingo receives payment from a customer.
Fairlingo offers translations on its website of particular interest to Service Buyers. Unless alternative billing terms have been previously arranged, Service Buyers first buy credits, then use these credits to purchase services through the website. Service Buyers can cancel an assignment at any time. Only the words that have been translated have to be paid for. The remainder will be refunded to the service buyer. If payment in arrears has been agreed, invoices should be settled within 14 calendar days after the invoice date (or within a different payment term determined in writing by Fairlingo), without any discount, offset or suspension, net, in the currency stated in the invoice. In the event of late payment, the Service Buyer is immediately in default, without notice of default being required, in which case the Service Buyer owes the statutory interest on the invoice amount, increased by 2 percentage points, from the date of default until the moment of full payment. If the Service Buyer fails to pay on time, Fairlingo is entitled to charge extrajudicial collection costs in accordance with the Decree on compensation for extrajudicial collection costs. Service Buyers may enter and receive a quote for text translation into a number of languages. Orders for translation are received into a database system where Service Providers view and select translation jobs. Service Buyers can view the Translated Work when the translation job is in process. Service Buyers can provide feedback to the translator as soon as part of the text has been translated. Any Member of the website that Fairlingo removes from the service due to violation of this Agreement or the Terms and Conditions will not receive further credit/rewards or payment from Fairlingo. If a Service Buyer uploads illegal texts, such as blackmail or inflammatory texts, Fairlingo will remove the translation job. Costs that has been made for this particular translation, will not be payed back to the Service Buyer.
This section explains that Fairlingo can’t make guarantees about delivery dates or when a particular translation will be completed.
Any dates provided for delivery of the Translated Works or for performing the services, are approximate only. If a deadline is not met, the service buyer can always cancel the assignment. Only the words that have been translated need to be paid for. The remaining amount will be transferred to the service buyer. Fairlingo will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform. Posting or delivery to a carrier (including post, facsimile, e-mail) for the purpose of transmission to you shall, for the purposes of this Agreement, constitute delivery to you. Risk in the Translated Works shall pass to you on delivery. Fairlingo may deliver by installments in such quantities as it may reasonably decide; such installments shall be separate obligations and no breach in respect of one or more of them shall entitle Service Buyers to cancel any other installments or repudiate this Agreement as a whole.
This section explains Fairlingo’s responsibility to you in delivering a translation.
The translation service shall be carried out using reasonable skill and care in accordance with the standards of the industry. Fairlingo shall use all reasonable skill and care in selecting translators, interpreters and other personnel used to produce the Translated Works and perform the services. No terms, conditions or warranties, whether express or implied, about the quality or fitness for a particular purpose of the services or the Translated Works shall be incorporated unless expressly stated in this Agreement. Fairlingo does not warrant that the Translated Works will meet your specific requirements and, unless otherwise agreed, it does not warrant that the transmission of any Translated Works sent to you will be uninterrupted or error free. Furthermore, Fairlingo does not warrant or make any representation regarding the use of the Translated Works in terms of their accuracy, correctness, reliability or otherwise. Fairlingo shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of Fairlingo, whether orally or in writing, and you shall not be entitled to rescind the Agreement on the grounds of any such misrepresentation. You acknowledge that any Original Works submitted by you and any Translated Works submitted by Fairlingo to you over the Internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that Fairlingo has no liability for the loss, corruption or interception of any Original Works or Translated Works. Fairlingo’s liability to you in respect of the provision of the services and/or the Translated Works shall be limited as follows: Fairlingo shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever. Fairlingo’s entire liability to you under any Contract, including but not limited to in respect of the Services and the Translated Works, shall not exceed the price payable to Fairlingo by you under the agreement to which any claim relates. If the quality of the translation is not to the service buyer’s satisfaction, the service buyer can have the translation adjusted free of charge within 14 days.
This section explains your rights and the rights of Fairlingo with regard to the Original and Translated Works.
You represent and warrant that you have all right, title, and interest in the Original Works and the Original Works will not infringe upon any third party’s rights. You hereby agree that you will indemnify and hold harmless Fairlingo and its affiliates and its current and past directors, officers and employees from and against all claims brought by third parties related to any copyright infringement. All intellectual property rights (including, but not limited to copyright) in the Original Works shall vest in you (or your licensors); all intellectual property rights in the Translated Works will be assigned to you upon receipt of full payment by Fairlingo. Exclusively for the purposes of providing and improving our services, you hereby grant and agree to grant to Fairlingo and its subcontractors a perpetual, worldwide, royalty-free, irrevocable, sublicensable and transferable license to store, use, modify, reproduce, distribute, display, transmit, translate, adapt, prepare derivative works of, render into a audible or other format, publicly perform, and otherwise exploit the Original Works and the Translated Works using any means and any technology, whether now known or hereafter developed.
This section explains that Fairlingo will resolve all disputes related to services on the website.
Any disputes regarding arrangements between Service Providers and Service Buyers will be resolved by Fairlingo in its sole discretion. You hereby release Fairlingo from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute. Access and Proprietary Rights As long as you comply with this Agreement, you are authorized to access and use this website. The pages and content on this website are protected by copyright and may not be copied, distributed, modified, published, or transmitted in any manner, including but not limited to any use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of Fairlingo and could result in substantial civil and criminal penalties. Fairlingo, and other identifying marks of Fairlingo are proprietary to Fairlingo. You may not use these marks for any purpose without the express prior written consent of Fairlingo. Except as expressly set forth above, this Agreement does not grant you any express, implied or other license or right under any patent, trademark or copyright of Fairlingo.
This section explains that as a Member or User of this site you are bound by certain codes of conduct and behavior. Most of it is common sense.
As a User, you will:
a. Use the website and the services only in a manner that is accepted and legal according to all applicable laws and regulations.
b. Adhere to Fairlingo’s acceptable use policies and all other terms and conditions relating to your usage of the services in respect of the website, and will not transmit junk messages, advertisements or any type of solicitation whatsoever of any products or services to any other Members of the service.
c. Be strictly prohibited from, directly or indirectly, soliciting any Service Provider to perform a translation or any Service Buyer to provide Original Works for translation outside of the website without the prior, written permission of Fairlingo. Moreover, Members and Users are prohibited from negotiating fees directly with other Members.
d. not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks, or other protected proprietary information without the express written consent of Fairlingo.
e. Agree that by posting information or content to any public area of the website, you automatically grant, and you represent and warrant that you have the right to grant Fairlingo and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
f. Agree that use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member or User of the service. Fairlingo and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member or User of the service, including but not limited to emotional, verbal and physical abuse or assault.
g. Not communicate, publish, or display to any other Member or User any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racial, or illegal material. Fairlingo reserves the right to remove any such material from the service without notice.
h. Not engage in, and Fairlingo is not be responsible for, any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member or User of the service, including but not limited to physical and emotional damage.
i. Not use the website, services, or your profile for any purpose other than translation services.
j. Not conduct any illegal and/or unauthorized uses of the website, including but not limited to collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by the website or by email or other means external to the website, and unauthorized framing of or linking to the website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
k. Agree that in order to protect the Members and Users from improper advertising or solicitation, and to maintain usage integrity on the website, Fairlingo reserves the right to restrict access by all Members to all or certain elements of the services or website on a per-action basis, such levels to be determined in Fairlingo’s sole discretion from time to time.
l. Agree that Fairlingo reserves the right to change any of the terms, rights, obligations, privileges or institute new charges for access to or continued use of services at any time, with or without providing notice of such change. All changes will be posted online or may be emailed to you at Fairlingo’s discretion. You are responsible for reviewing the information and terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the services or non-termination of your membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission.
m. Defend, indemnify, and hold harmless Fairlingo, its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees on a solicitor and his own client basis) relating to or arising out of your use of the website or services, including any breach by you of this Agreement or other terms and conditions posted on the website from time to time.
n. You will not create multiple user accounts to avoid fees, suspension or bad ratings on Fairlingo. As a Service Provider: You will not redistribute any of the content (information) on Fairlingo, including but not limited to Original Works, Translated Works, private messages, or documents.
This section explains that Fairlingo’s statements are made without warranty, etc.
Neither Fairlingo nor its affiliates guarantee the accuracy, completeness, or usefulness of any information on the website, and neither adopts, endorses, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Fairlingo reserves the right but has no obligation, whether on the basis of complaints or on its own initiative, to monitor any messaging or other activity and the materials posted in the public areas of the service, and to review usage, activity or the content of any messages, materials or other interchanges which are otherwise posted, sent or transmitted via the website. Fairlingo shall have the right in its sole discretion to remove any material or profiles, regardless of whether Fairlingo determines that such materials or profiles violate, or are alleged to violate, the law or this agreement. Notwithstanding the foregoing, Fairlingo does not undertake to monitor, control or edit any communications between its Members, and such communications may be offensive to you. You assume full responsibility and you assume all risk for the use of the services, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, communications, and other information. In no event Fairlingo or its affiliates will be liable for any incidental, consequential, or indirect damages (including, but not limited to, any deaths, threats, torts or injuries committed by any other users, damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute services) directly or indirectly arising out of the use or inability to use the services, even if Fairlingo, its agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Fairlingo’s liability to you by Fairlingo, its affiliates, for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the services herein. The services are provided on an “as is” basis without any warranties or conditions of any kind, express, implied, statutory, in all communication with Fairlingo, its affiliates or its representatives, or otherwise with respect to the services. Fairlingo and/or its affiliates specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither Fairlingo nor its affiliates warrant that your use of the services will be secure, uninterrupted, always available, error-free, will meet your requirements, or that any defects in the website will be corrected. Fairlingo and its affiliates disclaim all liability, regardless of the form of action, for the acts or omissions of other Members or Users (including unauthorized users, or “hackers”) of the website or services.
This Agreement shall be governed by the laws of the Netherlands.
You expressly agree that any claim or dispute arising from your use of our website and/or our services will be governed by the laws of the Netherlands without regard to the conflict of law provisions thereof. You further agree that any such claims or disputes shall be resolved in the federal courts located in the Netherlands, and you agree to be subject to the personal jurisdiction in, and the exclusive venue of, such courts and waive any objection to such jurisdiction and venue for the purpose of litigating any such claim or dispute.
The date of this document and other details.
This version of the agreement was created on February 20, 2015. This Agreement contains the entire agreement regarding the use of the website and its services. This Agreement may only be amended with the express consent of Fairlingo. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Your profile information, as well as your photo, may be displayed to other users of the website. If you post personally identifiable information in areas of the site accessible to other Members or Users, you should be aware that such information can be read, collected, or used by them, and could be used improperly (including for example to send you unsolicited messages). Fairlingo is not responsible for personally identifiable information you choose to submit to the website or for any damage that can be done as a consequence.
This Agreement is made between you and Fairlingo, Inc., a Dutch company. You must agree to the following terms before you may work as a Fairlingo Translator.
By agreeing to this Translator Agreement, you are also bound by, and accept the terms of the Fairlingo Translator NDA. Our NDA requires, among other things, that you do not reproduce or otherwise distribute customer content. You agree to treat all customer translation texts in confidence; any use of customer information outside of the translation you are working on is strictly prohibited. You may only communicate with the client regarding the translation job provided by Fairlingo. Communication with the client of any other nature is only allowed if such communication is not undesirable to the client, and does not serve any commercial purpose. For example, you may not communicate the content or customer of any jobs you work on with other translators who are not involved with the same assignment through Fairlingo, customers, family members, friends, and colleagues (e.g. Twitter, Facebook, your blog). In addition, for jobs that require you to download content, you must agree to delete all original content (“Customer Content”) within 30 days. Customer Content is the property of the customer; by possessing it past 30 days you would be violating this Agreement. You may keep your translation of the Customer Content, but may not use it publicly – as a translation sample or otherwise.
For each job you work on, you must consistently meet Fairlingo quality standards. This quality standard is safeguarded by the Fairlingo quality algorithm and our expertise. You always translate to your native language. A native language is a language that a person has been exposed from birth for at least 12 years or lived at least 20 years in a country where the native language is the first language. You are allowed to have only one account. For errors made in the translation, the amount shown in the interface of the original amount will be deducted. This amount may never exceed the original amount you would have earned for that particular translation. If you do not meet the deadline due to circumstances you yourself have caused, the amount will not be paid. If the client cancels the assignment, this does not apply, and the amount for the words translated will be paid as agreed. You can earn points and euros for well-translated sentences and phrases. The amount and number of points displayed in the interface is definitive. If the client or Fairlingo is not satisfied with the quality of your translation and/or revision, we may have to refund the client for part or whole of the translation. This refund will be deduced from your payment. Fairlingo can provide you with examples and feedback. We may allow the translator to correct the translation if the client agrees. We may remove one or more levels of qualification or terminate this agreement. To restore a revoked qualification you must earn the points again.
We pay translators immediately upon request in the translator interface. In order for a payment request to be processed, the assignment must be either completed or cancelled by the client. When a client accidentally submits an order twice and the same translator worked on both orders, the order will only be paid to the translator once. You hereby agree that the amount to be paid is determined by the number of translated words or corrected words minus the quality correction. The amount and number of points shown in the interface is final. After the paragraphs have been corrected, the amount to be paid is shown in the interface. This amount is final, and will not be adjusted by Fairlingo. You agree that any reward balance you accrue by working on translation jobs will be made via PayPal in euro’s. We will not make wire transfers or use another method of payment. We will not process payments to you without a request from you. You agree to create a PayPal account when prompted to do so.
This explains that we take all measures we can to ensure your personally identifiable information is kept secure, and we do not pass on your personally identifiable information to others for promotional activity.
Fairlingo uses your personally identifiable information to provide the services we offer. Only Fairlingo clients have access to translators’ contact information. Translators’ user names and profiles are only shown to the client if the translator is translating an assignment in Fairlingo. Certificates and CVs uploaded by translators can only be accessed by Fairlingo employees.
Moreover, Fairlingo uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. Although user names and profiles are only shown to the client if the translator is translating an assignment in Fairlingo, and despite the fact that Fairlingo employs industry standard security tools, all security measures are subject to possible circumvention. We cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties, acting unlawfully, from obtaining information that you provide to us.
Fairlingo cannot and does not guarantee that any personally identifiable information provided to it will not become public under any circumstances. You should appreciate that all information submitted on the website might potentially be publicly accessible. Fairlingo cannot ensure that your identity, email address, telephone number, work or home address or other personally identifiable information or contact information will not be discovered by other Members or Users of the website. Important and private information should be protected by you. Fairlingo encourages all Members and Users to maintain a pseudonymous identity when using the services provided by Fairlingo or any other public aspects of the website.
The following personal data is collected by Fairlingo:
Fairlingo may use your personally identifiable information and translations for auditing, research, and analysis to operate and improve the services Fairlingo offers. Fairlingo will not share your personally identifiable information with third parties, with the exception of the following:
You agree that all right, title, and interest in any copyrightable material, including but not limited to all written text we receive from you (e.g., localization for Fairlingo.com, translations for email notifications and web orders), solely or in collaboration with others, and arising out of, or in connection with, performing the services for Fairlingo are the sole property of Fairlingo.
You will perform the services of Translator as an independent contractor to the Company. Nothing in this Agreement shall in any way be construed to classify you as an agent, employee or representative of the Company. Without limiting the generality of the foregoing, you are not authorized to bind the Company to any liability or obligation or to represent that you have any such authority. You agree to furnish (or reimburse the Company for) all tools and materials necessary to accomplish the duties of Translator and shall incur all expenses associated with these duties. You acknowledge and agree that you are obligated to report as income all compensation received by you pursuant to this Agreement. You agree and acknowledge the obligation to pay all self-employment and other taxes on such income.
You understand that you will receive no company-sponsored benefits from Fairlingo where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and retirement or pension participation.
You agree to indemnify and hold harmless Fairlingo and its affiliates and their directors, officers and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with (i) your negligent, reckless or intentionally wrongful acts, (ii) a determination by a court or agency that you are not an independent contractor, (iii) your breach of any of the covenants contained in this Agreement and corresponding Fairlingo translator NDA, (iv) your failure to perform the duties of Editor in accordance with all applicable laws, rules and regulations, or (v) any violation or claimed violation of a third party’s rights resulting in whole or in part from the Fairlingo use of any of your deliverables under this Agreement.
Your relationship with Fairlingo begins on the date on which you accept and agree to this Agreement, and continues until your resignation or termination by Fairlingo. The following offenses are grounds for immediate termination and for reclaiming the money we paid out to you via PayPal:
Violation of this Translator Agreement and NDA
Cheating and attempting to cheat
Failure to communicate in a professional and courteous manner to our customers and translators
Careless behavior that causes disruption to our service or system
[*1] This Translator Agreement is updated periodically, and unless you tell Fairlingo otherwise, your acceptance of this Agreement means you agree to be bound by any changes to or future versions of this Agreement.
This Agreement shall be governed by the laws of the Netherlands, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under this Agreement, the Parties hereby expressly consent to the personal and exclusive jurisdiction and venue of courts located in Almelo.