TERMS AND CONDITIONS FOR REGISTERED USERS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the services (Service) available through our website hyperlingo.com (our site) to you (for the avoidance of doubt, the Service does not include the provision of translation of translation or proof-reading services, which are offered via our site by the relevant users providing those services to other users who may require them). Please read these terms and conditions carefully before registering to use the Service through our site. You should understand that by registering for the Service, you agree to be bound by these terms and conditions, which form the basis of the contract between us (Contract).
You should print a copy of these terms and conditions for future reference.
1. Service availability
1.1 Our site is only intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.
1.2 Although we aim to offer you the best service possible, we make no promise that the Service will meet your requirements. We cannot guarantee that the Service will be problem or error free. If a problem or error occurs in the Service you should report it to us by email to email@example.com and we will attempt to correct the problem or error as soon as we reasonably can.
1.3 Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
2. Your status and general obligations
2.1 By registering to use the Services provided on our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
© You are resident in one of the Serviced Countries;
(d) You are accessing our site from that country;
(e) If you are registering as a provider of translation or proof-reading services, that you have (and will at all times during the Contract maintain) all necessary insurance policies, including (where appropriate and without limitation) professional indemnity insurance; and
(f) You will not seek to purchase from, or provide to, any other registered user of the Site any translation or proof-reading services other than through the Site, and that you will notify us of any attempt by another user to do so that you are or become aware of.
2.2 The Service does not include the provision of computer or other necessary equipment to access the Service. To use the Service you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
2.3 You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (Registration Details). You further agree that, in providing such Registration Details, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Details via the Service, or otherwise advise us promptly in writing of any such changes or updates. You also agree to update your Registration Details (including, but not limited to, your current email address) as soon as they change.
2.4 When you register to use the Service, you will need to enter a unique user name and password to access your account (User ID). You agree that you will not allow another person to use your User ID to access or use the Service under any circumstances. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID, or you allowing another person to access and use the Service using your User ID.
2.5 Your User ID must not include any of the following:
(a) spaces or tabs;
(b) obscene or profane words;
© email addresses or website addresses or representations of email addresses or website addresses;
(d) another user’s username;
(e) the @, &, ‘, (, ), <, or > symbols;
(f) consecutive underscores (__);
(g) an underscore (_), dash (-) or full stop (.) at the beginning of a username; or
(h) the word “Hyperlingo”.
2.6 You are solely and entirely responsible for any and all use of your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you.
2.7 You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.
2.8 When you submit your Registration Details to us, we will send you an email confirming receipt of your Registration Details but this does not require us to accept your registration for the Service.
2.9 Your access to the Service will commence when we send you an email confirming this, and the Contract will only be formed when we send you this email.
3. Data protection
4. Our status and third parties
4.1 If you are using the Service to purchase translation or proof-reading services, please note that such services accessed via the Service are provided by third party translators and not by Hyperlingo. Any translation or proof-reading services you procure via the Service will be provided by means of a legal contract between you and that third party translator, the terms and conditions of which are set out in our terms and conditions for translation service. You should carefully review these terms and conditions applying to the transaction. We do not accept any responsibility for your contract with the translator.
4.2 If you are using the Service to provide translation or proof-reading services, please note that any such services you sell via the Service will be subject to a legal contract between you and the purchaser of your services, the terms and conditions of which are set out on our site in our terms and conditions for translation service. You should carefully review these terms and conditions applying to the transaction. We do not accept any responsibility for your contract with the purchaser of your services.
4.3 We may provide links on our site to the websites of other companies, whether affiliated with us or not, or provide you with the means of contacting them. We cannot give any undertaking that products and services you purchase from third party providers or sellers through our site (including the translators whose services are advertised through the Service), or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party provider or seller.
4.4 Any address that we provide to you as the address for another user of the Site will have been provided to us by that other party and is unconfirmed and we provide no assurance as to its accuracy. It is your responsibility to undertake such checks or make such enquiries as you consider appropriate to verify any such address.
5. Suspension and cancellation of your registration
5.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under the Contract.
5.2 You can cancel your registration and the Contract at any time by sending an email to firstname.lastname@example.org. If you do so, you will not be able to use the Service without re-registering.
5.3 If you or we cancel your registration, your feedback, including all star ratings, experience points, profile information and any other data or information relating to you will be lost and cannot be reinstated.
5.4 The suspension or cancellation of your registration and/or Contract and/or your right to use the Service shall not affect either your or our rights or liabilities.
6. Modification of Service
6.1 We reserve the right to modify, suspend or discontinue the Service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Service.
6.2 We reserve the right to modify, suspend or remove any and all performance data, including star ratings, feedback and other such information.
7. Price and payment
7.1 If you are using the Service to provide translation or proof-reading services:
(a) Your customer will pay the agreed charges through our Site using PayPal, a third party payment processor.
(b) A commission of [10%] of the fee you charge for your services will be deducted by us via PayPal when your customer pays you and this sum will be paid by PayPal to us.
© Where applicable, we will charge VAT on the commission payable by you to us and this will be automatically deducted by PayPal and paid to us with the commission.
(d) Depending on your and your customer’s VAT status, you will need to add VAT to the charges included in the quotation that you provide to your customer, which will be payable by your customer when making payment through PayPal.
(e) Where we are required to charge you VAT, our commission will be calculated on the amount that you charge your customer, excluding any VAT that you are required to charge.
(f) Please note that it is your sole responsibility to ensure that your customers are charged correctly in respect of the services you provide to them, including any VAT, and to ensure that those charges are duly paid. We do not accept any liability for any late payments or for failure to pay on the part of your customers or for any VAT payable by your customers.
(g) After deduction of our commission, the remaining sum will be paid by PayPal to you directly without passing through us.
(h) The invoice facility provided by our site produces invoices that conform to the EU VAT model and requires you to insert the name of the tax (for example, VAT) and the applicable rate. It is however your responsibility to ensure that invoices that meet any relevant legal or other requirements and you must not use the invoice facility provided by our site if it does not comply with such requirements.
7.2 If you are using the Service to purchase translation or proof-reading services:
(a) We do not charge you a fee for registering to use the Service. However you will be charged a fee by your chosen translator for the translation or proof-reading services they provide to you under their contract with you, and payment for those services must be made via our site by PayPal.
(b) Depending on your status and the status of your chosen translator, VAT may be payable on the fee that you are charged. It is your responsibility to confirm whether VAT is or is not payable by you and, if it is, whether it has been calculated correctly.
© We will receive a commission of [10%] of the agreed fee when you make your payment.
7.3 Where applicable, it is your responsibility to charge, and account to the relevant authority for, all taxes payable in respect of the services that you provide or receive through our Site (including, without limitation, value added tax) and you indemnify us against any claims, demands, damages costs and expenses (including legal fees and the fees of other professional advisers) incurred by us in relation to any such liability.
8. Our liability
8.1 We make no representations as to:
(a) the validity of any opinion, advice, information or statement contained in any of the content of our site (Content). Any views expressed do not necessarily represent our views; or
(b) the qualifications, experience or suitableness of any of the translators who advertise through our site; or
© the quality, content, accuracy or fitness for purpose of any translation or proof-reading services they provide.
8.2 You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given in any Content before relying on them.
8.3 If you are using the Service to purchase translation or proof-reading services, you must satisfy yourself as to the qualifications, experience and suitableness of any translator with whom you wish to arrange translation or proof-reading services. Although we endeavour to provide accurate past performance data (including star ratings, feedback and other such information), it is not intended to amount to advice on which reliance should be placed and should not be relied upon in choosing a translator or proof-reader. We do not guarantee that past performance data (including star ratings, feedback and other such information) will be maintained. Any dispute between the provider and purchaser of translation or proof-reading services arranged through our Site are private matters between such parties. We will not get involved in any such disputes.
8.4 We provide the Service without any warranties or guarantees. You must bear the risks associated with the use of the internet. In particular, we do not warrant that our site or the Service or the Content is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
8.5 In particular, we disclaim all liabilities in connection with the following:
(a) incompatibility of the Site or the Content with any of your equipment, software or telecommunications links;
(b) technical problems including errors or interruptions of the Service;
© unsuitability, unreliability or inaccuracy of the Content;
(d) inadequacy of the Content to meet your requirements;
(e) the qualifications, experience or suitableness of any of the translators who advertise through our site; and
(f) accuracy, quality, content and fitness for purpose of any translation or proof-reading services provided by translators.
8.6 Except as expressly and specifically provided in this agreement:
(a) we shall have no liability for any damage caused by errors or omissions in any information or instructions provided by you in connection with the Service, or any actions taken by us at your direction; and
(b) all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
8.7 Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the price of the Services we provided to you in the 12 months preceding the event giving rise to such liability (if you are using the Service to purchase translation or proof-reading services, this amount shall be deemed to be £50) and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.8 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
© For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.9 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
© loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 9.9 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.7 or clause 9.8 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 9.9.
8.10 Where you buy any product or service from a third party through our site, the third party’s individual liability will be set out in their terms and conditions.
9. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Hyperlingo. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. Transfer of rights and obligations
11.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
© Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16. Our right to vary these terms and conditions
16.1 We have the right to revise and amend these terms and conditions from time to time without notice and your use of the Service will be deemed as acceptance of any such changes. We advise you to regularly check these terms and conditions. If you do not accept any change that we make, you may cancel this Contract in accordance with clause 6.
16.2 You will be subject to the policies and terms and conditions in force at the time that you register for the Service, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we you complete your registration (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of you becoming a registered user).
17. Law and jurisdiction
This Contract will be governed by US law. Any dispute arising from or related to it (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of The United States of America although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.