Terms of service
1. Interpretation
1.1 The "Terms and Conditions" refer to these terms and conditions as described below.
1.2 The headings of each clause act only as an aid to reference and will not affect the construction or interpretation of these Terms and Conditions.
1.3 References to "documents", "records", "books" and "data" will include information stored in computer programs, disks, records or any other mechanically read format or records stored in other formats that are not readable but that can be reproduced in readable format.
1.4 The term “included” shall be understood to include the expression “included as without limitations”; similarly, "includes" the expression "includes without limitation".
1.5 In the event of a conflict between any part of a Contract, the documents that constitute the agreement between the Parties will have priority in the following order:
- Service agreement (if any) agreed between the parties
- These Terms and Conditions
1.6 "Confidential Information" means information (in any form) that is confidential to you or us and that you disclose to us or we disclose in connection with the Services.
1.7 "Intellectual Property Rights" means any right in or to any patent, copyright, database right, registered design, design rights, utility models, trademark, brand name, service mark, trade name, name rights over integrated circuit layouts, technical knowledge or Confidential Information, Translation Memory and any other right related to any other industrial or intellectual property, capable of being registered or not, including all rights to request said rights.
1.8 "Order" and "Quotation" mean an order or request for Services sent by the Client.
1.9 "Original Documents" means the documents, files, materials and works provided by you in order to carry out the Services.
1.10 “Services” means the translation and proofreading services provided by us to the Client.
1.1.1 "Translated Documents" means the translated documents delivered by GeoTranslations to the Client that were generated from the Original Documents according to Client's instructions.
1.12 “We, us, our/and GeoTranslations” means Omar Tarzi Piñeiro, individual entrepreneur with tax ID no. 79017106P registered in the Trade Registry of Malaga under number 1/2010/16569.0, with name and national registered trademark GeoTranslations (file number OEPM 2950751/0) and with fiscal address at Paseo Marítimo 91, Edf. Ronda 1, 5C, Fuengirola 29640, Málaga, Spain.
1.13 “You, your” means the company, client, firm, entity or person to whom we provide the Services and/or deliver the “Translated Documents”.
1.14 "Contract" means the contract between the Customer and us, consisting of the Customer's order or quotation and these Terms and Conditions.
2. Contract, Quotations and Execution of the Works
2.1 Quotations or orders are not binding with respect to GeoTranslations and the Contract will only take effect when you accept our Quote by means of confirmation via email to info@geotranslations.com or omartarzi@geotranslations.com.
2.2 The Contract will be subject to these Terms and Conditions. Any Terms and Conditions that appear or are referred to in the Quotation or in any way stipulated by you will have no effect. Any variation of the Contract must be confirmed in writing by GeoTranslations.
2. 3 Quotations are prepared based on the total word count of the source document provided by you, for both translation and proofreading services, regardless of language combination. Such Quotations may be modified at any time if, in our opinion, the description of the source documents is materially inadequate or inaccurate.
2.4 Quotations modified by the Client that result in an increase or modification of the volume of work and/or its layout or format and that as a consequence require an increase in dedication or effort by GeoTranslations will result in the review and generation of a revised Quotation that will replace the initial one in order to accommodate the services required by the Client.
2.5 As a general rule, translations are quoted based on the word count of the source document. However, in some cases a different quoting method may be applied (word count in final document, by page, line, etc.). In the event that it is impossible to perform a word count of the material (for example, paper format, image files, etc.) an open Quotation may be applied for which the price per word of the final document may be used. Such word count of the final document will be done at the discretion of GeoTranslations.
2. 6 The Original Documents will be delivered in the format and layout agreed between the Parties and in most cases in the formats most commonly accepted today (.doc, .rtf, .txt). Any other format may be subject to additional costs that will be proportional to the amount of time and resources invested for processing and translation.
2.7 All tasks that include the generation and maintenance of glossaries, editing, incorporation of images and graphics (if any), layout and transformation to specific formats, as well as those cases where it is not possible to apply prices to the word count in the source document will be quoted and billed based on time spent.
2.8 The Client will cover all supplementary expenses that are duly justified arising from the execution of the works, including telecommunications, research, consultations, etc. that exceed reasonable levels.
2.9 If the application of specific terminology is necessary for the translation work, GeoTranslations will use the glossaries and reference documentation provided by the Client as a complementary tool during the execution of the project. The Client will be responsible for any errors that arise from the use of their own terminology. In the absence of a previously agreed terminology base, the Client will not be able to make claims about the possible divergences that may arise between the terminology used in the translation and that of the Client.
2.10 The information provided in our brochures, catalogs and other advertising materials constitute a general description only and are not part of the Terms and Conditions or Contract.
2.11 These Terms and Conditions apply to all Services provided to you except as may be agreed by the Parties in writing.
2. 12 For all purposes, the effective start date of a project will be that on which all relevant files have been sent by the Client and confirmation has been received by GeoTranslations to start the work as described in 2.1 above.
2.13 From the beginning of the works, the Client will have access to all the files and relevant information of the project upon request. The client may optionally assign, at the time of starting the translation project or thereafter, their own code or internal reference for their records. Said code or reference will be reflected in the Quotation (Project Details Template) and the final invoice.
3. Prices and Payments
3.1 The standard rates of GeoTranslations are available in https://www.geotranslations.com/rates.
3.2 Rates may be raised or subject to supplements depending on the characteristics of each job or order (e.g., excessive processing time required to clean a source file or document due to its format, design services, courier services either non-urgent/urgent, postal, etc.). These will be broken down and reviewed with the client beforehand for review and approval or rejection.
3. 3 Unless otherwise indicated, prices are in EUROS and exclude VAT and any other additional taxes or charges. We will bill you for all taxes and corresponding expenses that we are subject to apply. You will be responsible for the payment of any penalties or interest related to such taxes that have been paid by us as a result of failure to pay such taxes on time.
3.4 Quotations made in a currency other than EURO will be based on the exchange rate at the time of preparation of the quotation and, unless specified otherwise, the price may be subject to upward or downward revisions if a different exchange rate exist on the invoice date.
3.5 Services with a duration of more than 20 days will be billed at 50% at the beginning of the works, and the remaining 50% once the work is completed. Services with a duration of less than 20 days will be billed in full at the end of the work.
3.6 In the event that the Parties agree to the partial delivery of the completed works, the Client will make the payments for each partial delivery as if they were individual projects.
3.7 Payment will be made within 30 days from the invoice date. All payments will be made free of deductions or bank fees.
3.8 If any invoice is not paid in accordance with the terms described or other terms specified in the Contract, we will have the right to suspend the work both for the affected order and for any other order of yours without prejudice to any other rights we may have.
3.9 GeoTranslations reserves the right to apply interest on outstanding accounts. Said interest will be calculated daily on the amount owed at a rate of 5 per cent over the current rate published by the Bank of Spain.
4. Delivery
4.1 The delivery dates of the Translated Documents or the dates for the provision of the Service are only approximate and, unless expressly agreed by us, the time factor will not constitute the essential aspect with regard to delivery or level of satisfaction of the Service, and any delay will not entitle you to reject any delivery, job satisfaction level, or reject the Contract outright.
4.2 In no case will we be responsible for the consequences derived from any delay in delivery or the level of satisfaction of the work or the inability to make the delivery if the duration of the delay is not substantial or if the delay or inability to make the delivery is due to late delivery or a low level of satisfaction, or failure to deliver or proper execution by suppliers or subcontractors, labor shortage, force majeure, fire, exceptional or adverse weather conditions, industrial actions, hostilities, government intervention (with or without rule of law) or any other cause beyond our control or of an unforeseen or exceptional nature.
4.3 The main and standard mode of delivery of the completed works by GeoTranslations will be email.
4.4. Sending Translated Documents to the Client outside of this standard method (e.g., WeTransfer, etc.) or their delivery (including postal mail, fax, email) for purposes of transmitting them to you will constitute, for the purposes of the Contract, delivery to you as such. Except for the email method described above, the risk accompanying the Completed Works will pass to you after their submittal.
4.5 We may deliver the Translated Documents in partial deliveries, in the quantities that GeoTranslations deems reasonable together with the Client (see 3.6 above). Such partial deliveries shall constitute separate obligations and failure to comply with any one or more of these shall not entitle You to cancel any subsequent partial deliveries or to reject this Contract in its entirety.
5. Our Responsibility
5.1 The Services will be carried out with reasonable care and knowledge in accordance with industry standards.
5.2 When necessary, GeoTranslations will apply the necessary care and knowledge in the selection of collaborating translators and any other personnel used to generate the Translated Document and provide the Services.
5.3 No terms, conditions or warranties, express or implied, regarding the quality or suitability for delivering the Services or the Translated Documents will be included, unless expressly indicated in the Contract.
5.4 GeoTranslations shall have no liability to You as a result of any improper or negligent statements made by or on our behalf prior to the Contract, whether orally or in writing. You will not have the right to terminate the Contract based on any of these improper or negligent statements.
5.5 GeoTranslations does not guarantee that the Translated Documents will meet your specific needs and, unless otherwise agreed, GeoTranslations does not guarantee that the submittal of Completed Works to You will be uninterrupted or error free. Furthermore, GeoTranslations does not guarantee or make any statement regarding the use of the Translated Documents in terms of their accuracy, precision, reliability or other related aspects.
5. 6 You understand that it cannot be guaranteed that any Original Document and Translated Documents sent by and to You through the Internet will be free from the risk of being intercepted, even if transmitted in an encrypted form, and that GeoTranslations will not have any responsibility for the loss, corruption or interception of any Original Document or Translated Document.
5. 7 Except in the case of death or personal injury resulting from negligence on our part and subject to clause 5, our liability to You regarding the provision of the Services and/or the Translated Documents will be limited to the following:
5.7.1 We will not be liable for loss of profits, business, contracts, income, damage to your reputation or prestige, anticipated savings and/or any other indirect or consequential damage or loss.
5.7.2 Our total liability to You under any contract, including but not limited to the Services and Translated Documents, will never exceed the price payable to us by You under the Contract from which any claim may arise.
5.8 You must notify us within the first 15 days from delivery of the Translated Documents of any claim arising from the provision of the Services and/or the Translated Documents, accompanied by all the details of said claim. In any case, we will not be liable to you if you do not notify us of any claim within a reasonable time after delivery of the Translated Documents.
5.9 You must notify us within the first 15 days from delivery of the Translated Documents of any inaccuracies or errors detected in the Translated Documents, at which time our responsibility will be limited to correcting such inaccuracies and errors detected, which we consider to be justified, at our discretion. In no case will such allegations delay payment.
5.10 You must notify us within the first 15 days from delivery of the Translated Documents of any claim arising from the provision of the Services and/or the Translated Documents, accompanied by all the details of said claim.
In any case, we will not be liable to you if you do not notify us of any claim within a reasonable time after delivery of the Translated Documents.
6. Your Responsibility
6.1 You guarantee, declare and assume that the materials supplied by you do not contain any type of content of an obscene, blasphemous or degrading nature and that they will not infringe the Intellectual Property Rights of Third Parties. Except with prior agreement on our part, you (which for the purpose of this clause includes any of its associated companies) will not recruit, employ, try to attract or use the services directly or indirectly, for a period of one year after the termination of the Contract, on your own behalf or for any other person, company or entity, of a translator or interpreter who has provided the Services and/or Translated Documents to You on our behalf under the Contract. In the event that you violate this clause, you agree to pay us an amount equivalent to the accumulated remuneration paid by us to the translator in the year immediately prior to the date on which you employed or used the services of the translator.
6.2 You agree, under demand, to indemnify us (which for the purpose of this clause includes our employees, subcontractor agents) and to keep us compensated for all losses, damages, injuries, costs and expenses, whatever their nature, incurred by us to the extent that they have been caused by or related to:
6.2.1 The use or possession by us of any of the Original Documents or materials provided by you in relation to the provision of the Services, including the infringement of any Intellectual Property Rights of Third Parties of or on any Original Documents or materials mentioned.
6.2.2 The processing by us of any of the data in the provision of the Services as anticipated in clause 9 below.
6.2.3 Any breach of the guarantees provided by you in this clause 6.
6.2.4 Any other violation by You of these Terms and Conditions.
7. Intellectual Property
7.1 All Intellectual Property Rights (including but not limited to copyright) in the Original Documents will rest with You (or to whom you may have granted or transferred such Rights); however, and for the avoidance of doubt, You (and your collaborators) consent that we may store and use the original Documents and Translated Documents during the term of the Contract in order to provide the Services.
7.2 For informational purposes, our collaborators are subject to this same intellectual property clause for the safeguarding and protection of the Client's intellectual property rights.
8. Confidentiality
8.1 Pursuant to clause 8.3, and (on our part) except as necessary for us to provide the Services to you, neither party will use the other party's Confidential Information.
8.2 Pursuant to clause 8.3, neither party will disclose any Confidential Information of the other party to any other person.
8.3 Either party may disclose the other party's Confidential Information:
8.3.1 When required by law or by any official authority provided that the party who is required to disclose the Confidential Information, as it is practical and legitimate to do so:
8.3.1.1 Notify the owner early about such requirement;
8.3.1.2 Cooperate with the owner regarding the manner, scope, and timing of such disclosure or any action the owner may take to challenge the validity of said requirement.
8.3.2 To its personnel (or any of its associated companies), subcontracted personnel or any person whose responsibilities reasonably require such disclosure, provided that the party performing such disclosure ensures that each person to whom it is disclosed meets those obligations as if it were subject to them.
8.4 The obligation regarding confidentiality contemplated in this clause 8 will survive the termination of the Contract, whatever the reason.
8.5 For informational purposes, our collaborators are subject to this same confidentiality clause to safeguard the confidentiality of the Client's Original Documents.
9. Data Protection
9.1 Each party will ensure that, in the course of its obligations under these Terms and Conditions, it will comply at all times with the requirements of the applicable laws relating to data protection.
9.2 When using our website, users must provide certain information that GeoTranslations will use at all times for the sole purpose of establishing communications and keeping them informed about information relevant to the translation services offered by GeoTranslations. Such information will always be kept confidential.
9.3 In the case of personal information from users who are natural persons (that is, who are not companies or self-employed professionals), said information will be treated in accordance with the applicable legislation.
9.4 In accordance with Law 15/1999, of December 13, on the Protection of Personal Data, all personal data supplied to GeoTranslations by users of its website will be incorporated into an automated file owned by Omar Tarzi Piñeiro, individual entrepreneur with NIF 79017106P registered in the Trade Registry of Malaga under number 1/2010/16569.0, with name and national registered trademark GeoTranslations (OEPM file number 2950751/0) and with fiscal address at Paseo Marítimo 91, Edf. Ronda 1 , 5C, Fuengirola 29640, Malaga, Spain. Users may at any time exercise their right of opposition, access, rectification and cancellation of the data provided at any time by sending an email to the address info@geotranslations.com in accordance with the terms and conditions laid out in the legislation in force regarding the protection of data.
9.5 GeoTranslations collects data from its Clients for administrative purposes in order to provide them with information aimed at personalizing and improving its services, to send its Clients Service offers as well as information of a technical and commercial nature related to the services provided by GeoTranslations.
9.6 GeoTranslations has implemented technical and organizational security measures to guarantee the security of the personal data of its Clients, and to avoid the alteration, loss or use and/or unauthorized access, in accordance with current technological possibilities, the nature of the stored data and the human, physical and natural risks to which they are exposed. These measures have been implemented in accordance with current legislation on data protection and, specifically, the security measures applicable to automated files containing personal data. The persons responsible for the files and those who intervene in any of the phases that make up the processing of said personal data are subject to the principles of professional secrecy and the obligation to safeguard such data. Said obligations will remain in force beyond the eventual termination of the relationship with the owner of the files, or, where applicable, with the person responsible for the files.
9.7 We acknowledge that, if GeoTranslations should require processing any data during the provision of the Service, it will do so only under its instructions.
10. No Recruitment
10.1 Unless previously accepted by GeoTranslations, the Client (which for the purpose of this clause includes any of its affiliates) will not recruit, employ, try to attract or use the services directly or indirectly, for a period of one year after the termination of the Contract, in its own name or for any other person, company or entity, of the collaborating staff of GeoTranslations or any of its freelance translators. In the event that this clause is violated, the Client will pay GeoTranslations an amount equal to the accrued remuneration paid by GeoTranslations to the Team member in the year immediately preceding the date on which the Client employed or used the services of said Team member. In the case of a freelance translator, the amount will be equal to the total salary of one year. This clause will not apply in the event that the Client already has a relationship prior to the start date of the Contract.
11. Cancellation
11.1 If you subsequently cancel, reduce the scope or frustrate (through an act of omission on your part or by third parties dependent on you) the Contract, payment of its full price will remain pending, unless previously agreed. Any original Document that has been sent to us and any Document Translated by us under the Contract will be made available to you upon cancellation.
11.2 We shall have the right to cancel the Contract immediately in writing if:
11.2.1 You materially breach the Contract and, in the event that such breach can be remedied, you do not remedy it within 7 days of receipt of the written notice specifying the breach and requiring its remediation.
11.2.2 You do not voluntarily reach an agreement with your creditor or (in case of being a sole proprietorship) bankruptcy, or (in case of being a corporation) are subject to an administrative order, or are taken to liquidation, or, executes a lien or a trustee is appointed on any of your properties, or you cease or threaten to cease your business, or an analogous or similar event takes place in any other jurisdiction.
11.2.3 Any cancellation of the Contract will not impair any rights or repairs that have been acquired by each of the parties.
12. Conflict Resolution and Governing Law
12.1 The contractual relationship between the Parties during the course of the provision of the Services and after their completion will be subject to Spanish law.
12.2 The Parties expressly submit to the jurisdiction of the Courts of the City of Malaga, which will be understood for all purposes as the place of fulfilment of the obligation, expressly renouncing their own jurisdiction or any other that, where appropriate, could correspond to them.
13. Miscellaneous
13.1 Neither Party shall be liable to the other for any delay or failure to perform its obligations under the Contract as a consequence of any cause beyond its control including force majeure, governmental acts, war, fire, floods, explosions or civil disturbance.
13.2 GeoTranslations may use the services of any person, firm or corporation as a subcontractor to carry out any or all of our obligations, and may assign any or all of our rights and obligations under the Contract.
13.3 Any notification or other communication to be delivered under these conditions must be in writing and may be sent by ordinary mail or electronic mail. Any notification or document may be considered as delivered: if delivered, at the time of delivery; if sent by ordinary mail, 48 hours after dispatch; if published on our website, at the time of its publication; and, if sent by email, at the time of transmission.
13.4 No waiver by us of any breach of the Contract by You may be considered as a waiver of any other successive breach of an equal or different provision.
13.5 In the event that any provision of these Terms and Conditions is or becomes invalid or unenforceable, it will be segregated from the rest of the Terms and Conditions in such a way that it is declared without effect, to the extent that it is invalid or unenforceable, and as a consequence no other provision of the Terms and Conditions will be declared invalid, unenforceable or be affected in any other way.
These terms and conditions are subject to change without prior written notice.
Updated January 1, 2021.