Terms of Service
The Wetranslating.com.com services and technology are provided by Utopia Online Limited. (“Utopia” or “we”), located at Units 901 - 903, Level 9, Core C, Cyberport 3, 100 Cyberport Road, Hong Kong
By using our Service, you agree to these terms. Please read them carefully.
“You” means you as an individual, or if applicable, the company or other legal entity you represent.
“Users” means visitors to this website or the Service.
“Customers” means visitors who are also registered users of the Service that seek to use the Services.
“Translators” means third parties who engage with Wetranslating.com and Customer to provide content translated/proofread/proofread services as contractors of Wetranslating.com (not employees).
“Service” means all the Wetranslating.com.com websites, services, apps, related technology, and the translated/proofread/proofread services provided to Customers and Translators.
“Orders” means any order for Services created by a Customer, and accepted by Wetranslating.com via acknowledge in the Platform or otherwise in writing.
“Client Materials” means the source content for translated/proofread/proofread by the Service, and any guidelines, glossary and other materials provided by Customer.
“Translated/proofread Works” means the content translated/proofread from the Client Materials.
“Platform” means Wetranslating.com’s online portal and platform where you can access your Wetranslating.com Website/Mobile Site/Mobile App, initiate Orders and access the Service.
“TOS” means these Wetranslating.com Terms of Service and any policies, guidelines, or other documents referenced herein.
“Wetranslating.com Affiliates” means any company or entity worldwide including, without limitation, corporations, partnerships, joint ventures, and limited liability companies in which Utopia Online Limited directly or indirectly holds at least a 50% ownership, equity, or financial interest, including but not limited to its subsidiary.
2. USING OUR SERVICES
If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to this TOS, in which case “You” or “Your” means that entity. If You do not have this authority, or if You do not agree with the terms and conditions of this TOS, and You may not use the Service or any Service related materials. You represent that you are 18 years of age, or of the age of majority in your place of residence or jurisdiction.
You agree to:
- Comply with any policies made available to you by Wetranslating.com
- Not abuse or conduct illegal activity using our Service
- Not contact or attempt to contact Translators outside of the Platform that Wetranslating.com provides for communication
- Not defame or harass Wetranslating.com, or its employees, contractors, Customers, or Translators
Wetranslating.com may suspend or terminate your access to the Service or an Order if you do not comply with this TOS or if we suspect misconduct, fraudulent activities or payment, or a violation of this TOS, with or without notice.
Wetranslating.com may modify or suspend the Platform or Service, at any time for any reason.
3. ORDERS, APPROVAL, RETURN POLICY
No Accounts are required before initiating an Order, You must only enter a valid email for collecting the official receipt and translated/proofread/proofread product PDF/ proofread product PDF.
Wetranslating.com will apply gross-up calculation to the payment. This means that the payment to Wetranslating.com must be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If you are compelled to make any such deduction, you will pay Wetranslating.com any additional amounts as are necessary to ensure receipt by Wetranslating.com of the full amount it would have received but for the deduction.
Order. Customer can initiate an Order by providing all the required information via the Platform, including the Quality Level for your translated/proofread/proofread as described in the Wetranslating.com Quality Policy.
Client Materials. Customer is responsible for providing the Client Materials to be translated/proofread, materials describing the context of the translated/proofread/proofread, and the destination language of translated/proofread, when placing the Order.
Cancellations. Customer cannot cancel any Order.
Delivery of Translated/proofread Works. Wetranslating.com guarantees that all Orders will be engaged by our Translators. If the Order is completed by a Translator, Wetranslating.com will return the Translated/proofread Works to Customers according to the email address provided by the Client when the Order is made. Wetranslating.com is not responsible for any loss/failure in delivery due to the wrong input of delivery email address.
Wetranslating.com gives an estimated time for Service completion, but cannot guarantee an exact delivery time. We will email you when the Translated/proofread Works are ready for your review. Unless otherwise expressly agreed by Wetranslating.com, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery.
Wetranslating.com’s liability will be limited to correcting the errors or providing refund.
Disclaimer. You agree to review any Translated/proofread Works before making such content public, and you expressly agree that Wetranslating.com will not have any liability or indemnity obligations to you based on the Translated/proofread Works if you fail to do so.
4. TRANSLATORS; CONTRACTORS.
Wetranslating.com may use and retain third party contractors (such as Translators) to provide the Service to you. As such, you agree that Wetranslating.com may sublicense its rights under this TOS to third parties to act on Wetranslating.com’s behalf, provided that such third parties are contractually bound by terms no less protective of Customer than this TOS. Wetranslating.com is solely responsible for paying and resolving all disputes with third party contractors and Translators.
5. CLIENT MATERIALS DISCLOSURE
We disclose the Client Materials to potential Translators and contractors, in order to provide you the Service (e.g., previewing the content in order to decide whether to engage the Order) and as set forth in Section 6 below.
You are solely responsible for editing or removing any confidential or personally identifiable information in the Client Materials if you do not wish to disclose that information.
6. INTELLECTUAL PROPERTY
All intellectual property rights in the Translated/proofread Works will be assigned to Customer upon Customer’s Approval of the Translated/proofread Works and Your compliance with this TOS.
The trademarks, names, logos and service marks (collectively “Trademarks”) such as “Wetranslating.com”, “myWetranslating.com”, and “Communicate Freely”, are trademarks of Wetranslating.com. Nothing contained in this TOS shall be construed as granting any license or right to use any Trademark without Wetranslating.com’s prior written permission. The content on the Service is protected by intellectual property laws and may not be copied, distributed, modified, published, or transmitted in any manner.
Third party content and trademarks displayed on the Service are owned by their respective owners and may not be reproduced in whole, or in part, without the express written permission of the owner.
If you opt-in to allow Wetranslating.com to use your Translated/proofread Works as “public examples,” you grant Wetranslating.com a worldwide, perpetual, royalty-free, irrevocable, license to publish and display your Client Materials and related Translated/proofread Works in connection with operating, promoting, and improving our Services. This license continues even if you stop using our Services.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
In order to provide you and our other customers the best possible translated/proofread and language services, we (and those we work with) may use your Client Materials and Translated/proofread Works to generally improve the Services (for example, fine tune our turn around time estimates, or improve machine translated/proofread/proofread and machine learning systems) and develop new products or services ourselves or in partnership with third parties. If we do this, we never make your Client Materials or Translated/proofread Works publicly available.
7. WARRANTIES AND DISCLAIMERS
Customer represents and warrants that it has all necessary right, title, and interest in the Client Materials, and that the Client Materials will not and do not infringe or violate any third party’s rights, do not violate any law, and do not contain any offensive or unacceptable content.
The Service and Translated/proofread Works are provided “AS IS”. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER WETRANSLATING.COM NOR ITS TRANSLATORS, CONTRACTORS, OR SUPPLIERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Customer will indemnify and hold harmless Wetranslating.com, its affiliates, current and past directors, officers, and employees from and against any and all claims, taxes, losses, damages, liabilities, judgments, settlements, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (1) Customer’s breach of any of its representations, warranties or obligations under this TOS; (2) Customer’s negligent, reckless or intentionally wrongful act or by its assistants, employees, contractors or agents; (3) Customer’s failure to perform its obligations or exercise its rights in accordance with all applicable laws, rules and regulations.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY OR ANY WETRANSLATING.COM AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL WETRANSLATING.COM’S OR WETRANSLATING.COM’S AFFILIATES’ LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY THE CUSTOMER TO WETRANSLATING.COM DURING THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY.
This Agreement is governed by the laws of Hong Kong SAR. Any claims or disputes shall be resolved in the state or federal courts located in Hong Kong SAR.
Wetranslating.com may modify this TOS at any time. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between the terms in this TOS and an Order, the Order will control for that conflict.
This TOS controls the relationship between Wetranslating.com and you. They do not create any third party beneficiary rights.
If you do not comply with this TOS, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
You may not assign, transfer, or delegate any portion of this Agreement without Wetranslating.com’s prior written consent. Wetranslating.com may assign, transfer, or delegate any portion of this Agreement with or without notice to You. Your attempt to assign, transfer, or delegate this Agreement without Wetranslating.com’s consent will be null and void.
11. Project Duration
We guarantee to deliver to our client any translated/proofread documents 3 working days after payment is confirmed (For any documents within 1000 words). One extra working day is required for every 1000 words beyond the first. In the case of Japanese and French, 1 to 2 working day(s) are required.
12. Sensitive Content
The client should understand that we do not engage in handling any content that is political/sexual/illegal/religiously extreme. If such contents are submitted in our platform, no service will be delivered and such payment is non-refundable.