Weis Words International Translations Ltd., Weis Words International Translations LLC, and any of their affiliates, subsidiaries, assignees, or successors, now or in the future (together, “Weis Words” or the “Company”, “us,” “our,” “we”) provide certain language services, including translation, technical writing, editing, localization, desktop publishing, and interpretation services to our customers (“you”, “Customer”, and together with Weis Words, the “Parties”), as defined in agreements or work orders agreed to between the Parties from time to time (the “Services”). Orders can be made through the website or by directly contacting the Company via e-mail or phone and then agreeing to our standard services agreement, contained herein. These Terms and Conditions (“Terms”) govern all website access and/or Services where no other and more specific agreement has been agreed to in respect thereof.

By using the Company’s website or ordering Services, you represent that you are legally competent and authorized to do so, as well as to enter these Terms. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you, and you have no right to access our website and/or order Services where these Terms are prohibited by applicable laws.

Please read these Terms carefully. They govern your access to the Company’s website and right to order Services.

By using this site and/or the Services you agree to both these Terms and our Privacy Policy, which is available at https://weiswords.com/privacy-policy/. Changes may be made to these Terms from time to time. Your continued use of the website or ordering and/or receipt of Services shall be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the website or order Services.

 

1. Content and communication

1.1

Certain types of content may be made available through the Company’s website or Services. “Content” as used by these Terms refers, collectively, to all content on or made available on the website or through the Services, including any photos, pictures, videos, ratings, recommendations, comments, blog posts, substantive content, and any modifications or derivatives thereof.

1.2

The Company reserves the right to change, suspend, or discontinue any part of the Website at any time, including the availability of any feature, service, product, or Content. The Company may also impose restrictions on certain features and services or restrict your access to the entire website or parts thereof without notice.

1.3

The Company’s website may contain links to other Internet sites and resources. The Company is not responsible for the availability or accessibility of these outside resources or their contents, including (but not limited to) issues of proprietary rights, copyrights, libel, defamation, breach of privacy, or fallacy. Any concerns regarding such external links should be referred to the administrator or webmaster of such site.

1.4

Use of the Company’s website is strictly prohibited to minors or any person under the legal age of majority in his or her place of residence, and in any case is prohibited to any person under the age of 18. By using the website, you confirm that you meet these age requirements.

1.5

Although this website is intended to be available for viewing worldwide, access to the website as well as certain Services offered by the Company may or may not be available and/or approved for distribution and/or provision in your country. THE COMPANY IS NOT AND CANNOT BE RESPONSIBLE FOR ACCESS TO THIS SITE UNDER THE LAWS OF ANY JURISDICTION, AND YOU ARE HEREBY NOTIFIED THAT YOUR ACCESS AND USE OF THIS OR ANY OTHER COMPANY WEBSITE IS AT YOUR OWN RISK AND IMPLIES NO WARRANTY OR LIABILITY ON OUR PART.

1.6

By using this website, you agree not to disrupt or intercept electronic information posted on this website or on any of the Company’s servers. You also agree not to attempt to circumvent any security features of this website, and to abide by all applicable local, state, federal, and international laws.

2. Placing orders

2.1

All orders for translation, interpreting, localization, desktop publishing, editing, or any other Services must be accompanied by an order confirmation which includes the agreed price(s) between the Parties as well as any specific project terms. Orders may be sent by postal service, email, or by fax. The Company reserves the right not to commence work until receipt of a completed and signed work order or price quote, as provided by the Company.

2.2

Work orders, order forms, and/or price quotes must be signed or otherwise confirmed by you if you are an individual, or by an authorized signatory of managerial level with authority to bind the business/entity you represent if you are a corporation, association, or other similar entity.

3. Reference documents

3.1

Reference documents, style sheets, definitions of terms, special instructions, and similar documents must be provided at the time a quote is requested and in no circumstances, after a project and its specifications have been confirmed and/or approved. The Company reserves the right to refuse special instructions or requests made after a signed work order has been delivered, or may require an additional fee as appropriate. Special requests may also affect delivery timetables.

3.2

When providing documents for translation which contain embedded documents, such as screen-shots and images of other documents, the embedded documents will not be translated and instead will be transferred as is to the translated document unless brought to the Company’s attention at the time the quote is requested. Requests for translation of such materials not previously brought to the Company’s attention by you during the quoting stage will incur an additional fee commensurate with the additional translation, and may affect delivery time, accordingly.

4.Translation Services

4.1

With respect to translations (“Translation Services”), the Company will not be liable for a work product that is not stylistically satisfactory to you. Services shall be limited to simple translations and reasonable formatting unless otherwise expressly agreed.

4.2

Unless otherwise agreed in advance, complaints, requests for revision, and so forth will be accepted for up to give (5) business days from delivery of the completed assignment and must be sent by email with a detailed description of what you believe is incorrect and/or requires improvement. Justified requests for correction and/or revision will be honored at the Company’s expense. Any delay beyond this period of time will result in the completed assignment being deemed satisfactory, and any further revision will be your responsibility and at your expense.

4.3

You acknowledge and recognize that provision of translation services requires significant subjective interpretation and research, depending on several factors which cannot always be determined with finality in advance. Although Weis Words will make every attempt to meet a deadline estimate, delays in delivery may occur as a result of unexpected complexity of a document or other unexpected events. Weis Words will do everything possible to avoid such delays, including reassignment of tasks if an employee or subcontractor is unable to deliver the Services in the amount of time requested and/or estimated. In the event of such delay that exceeds our estimated delivery by more than 20%, Weis Words may, at its exclusive discretion, offer a discount on the final amount owed for such project.

5. Other Services

The terms set forth above with respect to Translation Services will apply mutatis mutandis to all other Services offered by Weis Words, unless a more specific agreement is agreed upon between the parties.

6. No advice

6.1

Neither Weis Words nor any of its subsidiaries, affiliates, successors, or assigns are engaged in rendering legal, accounting, financial, or other professional advice. If expert assistance is required, the personalized service of a competent professional should be sought. A user of our website and/or Services should obtain professional advice from a licensed and competent professional when dealing with specific legal or financial matters, and/or research original sources of authority. Weis Words is not responsible for any actions, omissions, or inactions of other Website publishers linked to its website, including but not limited to violations of intellectual property rights including copyright, trademark, trade dress, as well as of privacy, trade secrets, government secrets, or any other personal or proprietary rights of any individual or organization.

7. Cancellation policy

7.1

Our cancellation policy is as follows.

7.2

Translation, localization, editing, and technical writing services: Translations may not be cancelled without our consent once an order has been approved (whether orally or in any recorded medium including, without restriction, email, telephone, text message, order confirmation, etc.) and/or work has begun. At our discretion, we may choose to charge for any completed work, pro rata, and 50% for any additional uncompleted work.

7.3

Interpreter services: Cancellation will be permitted in accordance with the terms specified at the time the job is confirmed.

8. Payment terms

8.1

Payment is required at upon delivery of our work product unless otherwise agreed. We accept payment by bank/SWIFT/IBAN transfer, or credit card or PayPal (payment by credit card or PayPal will incur an additional 5% handling fee). Payment by check will NOT be accepted. For large projects, a deposit may be required. Please note: You are responsible for ascertaining and covering any wire transfer fees other than those imposed by our bank for any international transfer(s).

8.2

Orders approved after 12:30 (12:30 PM) Pacific time for North American customers, and/or 13:30 (1:30 PM) London time (GMT+1) for all other customers, or on a non-business day, will be considered as having been received on the following business day at 09:00 (9:00 AM), respectively.

8.3

For Customers in the United States, Europe, and Asia, business days will include Monday – Friday, exclusive of local and/or national holidays. For customers in Israel and the Middle East, business days will include Sunday – Thursday, exclusive of local, governmental, and religious holidays and holiday eves.

8.4

You are responsible for clarifying the expected delivery date with your assigned project manager when confirming receipt of your order.

8.5

Late payments shall be subject to penalties of 5% for each month or any part thereof, compounded, plus linkage differentials, in addition to any other remedies which Weis Words may have under the law.

8.6

Furthermore, you understand that any delay in payment may result in our halting any work in progress and/or withholding delivery of completed projects, and in such an event, you hereby discharge Weis Words of all ensuing liability and waive all rights and claims in this regard.

8.7

Discounts are available, at the Company’s exclusive discretion.

8.8

Taxes, VAT, and Levies. Unless otherwise noted, prices quoted are exclusive of any applicable local tax including, without limitation, sales tax and/or value added tax.

9. Privacy policy

Weis Words has adopted a Privacy Policy, which can be accessed at http://weiswords.com/privacy-policy/, and which is an integral part of these Terms.

10. Intellectual property (website)

10.1

Weis Words and its licensors, as the case may be, own all rights and title to the Content. This includes all worldwide intellectual property and the trademarks, service marks, and logos contained therein. Additionally, all Content is protected by proprietary rights and/or copyrights pursuant to Israeli, US, EU, and international laws. Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise the Content without our prior written consent. If you receive such approval, you must not delete or otherwise obscure any marks signifying proprietary rights and/or copyrights accompanying the published or reproduced materials. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Weis Words or any third party.

10.2

Furthermore, you may not and may not allow a third party to (attempt) to (i) decipher, decompile, disassemble, or reverse-engineer any software or code used in the website or Services; (ii) use any robot, spider, site search, or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the website or Services; (iii) harvest, collect, or mine information about other customers; or (iv) use any automated collection mechanism or any manual or similar process to monitor or copy the web pages comprising the website or any other online platform used by Weis Words or any Content without our prior written consent.

11. Intellectual property ownership, confidentiality and non-solicitation (general)

11.1

You hereby warrant that you are the exclusive owner of all intellectual property rights in all materials submitted by you to us, whether through our website, a project management platform, or any other medium for the purpose of ordering Services, and are not otherwise prevented under any applicable law or regulation to deliver such content and license it to the Company or any of its subcontractors. Moreover, you hereby license your intellectual property rights in these materials to us and to our subcontractors, as the case may be, for the purpose of using such materials to perform the Services.

11.2

Unless otherwise expressly agreed, Weis Words retains any and all intellectual property rights in its translations, which are derivative works based on material provided by You. You will receive unlimited license to use of said intellectual property rights in the final product produced by us and delivered to you in accordance with these Terms or another more specific agreement, as the case may be, upon the full payment of the agreed consideration, other than for fee-based publication/performance, for which a separate agreement is required. You acknowledge and agree that until such consideration is paid in full, we will remain the sole owner and holder of intellectual property rights in such final product and you shall have no license or rights thereto.

11.3

Any work product that is ancillary to our final product or that is not a material part of our final product shall remain our sole property, and you shall have no intellectual property rights therein or any other property claims thereto.

11.4

You hereby acknowledge and agree that in the event that the identity of a Weis Words employee or subcontractor is revealed, you shall not, without our prior written consent, negotiate with or arrange to employ or engage such employee or subcontractor. Without derogating from the above, you agree not to induce, solicit, or recruit, or attempt to induce, solicit, or recruit, any of our employees to leave their employment or otherwise terminate their relationship with us without our prior written consent. If you breach this provision while Services are being provided and while these Terms are in force, we have the right to immediately terminate our engagement and collect consideration as though you cancelled the Services, in accordance with these Terms, as well as the right to seek equitable and legal relief from any court of competent jurisdiction within the terms of jurisdiction specified in Section 16, below.

12. Waiver and disclaimer of warranty

12.1

Your use of our website or the Services is at your sole discretion and risk. The website and Services are provided on an AS IS basis without warranties of any kind. WEIS WORDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE WEBSITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WEIS WORDS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SERCURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE AND/OR SERVICES; (II) THAT THE DELIBERABLES OF OUR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES PROVIDED BY US.

12.2

No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

13. Limitation of liability

13.1

Weis Words has no liability for the acts or omissions of other users as well as unauthorized users, or “hackers” of the website.

13.2

You acknowledge and agree that Weis Words is not and shall not liable for any loss or damage which may be incurred by you as a result of the Services, or as a result of any reliance placed by you or others on the accuracy or completeness of translations, editing or other Services provided by us and/or our subcontractors.

13.3

You are exclusively responsible for the conformity of any translation or other deliverable to your needs. We make no representation as to the suitability and/or conformity of any translation to a particular purpose. The Company limits its liability in every case to the amount actually paid by the customer, without exception. Provision of translation services shall under no circumstances be construed as the provision of legal, financial, or business advice.

13.4

IN NO EVENT SHALL WEIS WORDS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR YOUR USE OF THE CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE CONTENT OR SERVICES PROVIDED AS PART OF OR THROUGH THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WEIS WORDS HAS BEEN ADVICES OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL WEIS WORD’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO WEIS WORDS FOR SERVICES IN RESPECT OF THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM OR CAUSE OF ACTION AROSE. IF YOU HAVE NOT MADE ANY PAYMENTS TO WEIS WORDS IN REPSECT OF SERVICES, THEN WEIS WORDS WILL NOT HAVE ANY LIABILITY TOWARDS YOU.

 

14. No unlawful or prohibited use

14.1

As a condition of your use of our services, you warrant that you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or by applicable law. You may not use the Services in any manner that could damage, disable, overburden, impair, or interfere with any other party’s use and enjoyment of any our website or services. You may not attempt to gain unauthorized access to our website, computer systems, or networks connected to any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by us either through our website or Services.

15. Indemnification

15.1

You agree to indemnify, defend, and hold harmless Weis Words and our employees, directors, officers, subcontractors, and agents of each, against any and all claims, damages, or costs or expenses (including actual court costs and attorneys’ fees) that arise directly or indirectly from: (i) breach of these Terms by you or anyone using your computer or password; (ii) any claim, loss, or damage experienced from your use or attempted use of (or inability to use) our website or Services, including any transactions that you conduct or attempt; (iii) your violation of any law or regulation; (iv) your infringement of any right of any third party; and (v) any other matter for which you are responsible hereunder or under law. You agree that your use of the website and/or our Services, including, without limitation, provision of Services in connection with the website shall be in compliance with all applicable laws, regulations, and guidelines.

16. Jurisdiction

16.1

For services provided in North or South America (through Weis Words International Translations LLC), these Terms will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting in New York City, New York, will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient.  Weis Words will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms or in successfully defending any claim by you.

16.2

For services provided in the Europe, the Middle East, Africa, and/or Asia (through Weis Words International Translations Ltd.), these Terms will be governed by the laws of the State of Israel applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting in Tel Aviv, Israel will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Weis Words will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms or in successfully defending any claim by you.

17. Miscellaneous

17.1

Any cause of action against Weis Words must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Weis Words or authorizes you to act on behalf of Weis Words. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Weis Words and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby cancelled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account that you provided upon registration. Weis Words shall not be liable for delays due to force majeure, malfunctioning faxes, routers, modems, email servers, internet service providers, postal carriers, strikes, armed conflict, or any other delay which is outside of Weis Words’ control.

 

Last updated January 3, 2019