TERMS OF USE

1.      TERMS OF USE

1.1     Provision of services would require usage of your personal data. In order to collect personal data from you as a user, we are required to obtain explicit and informed consent from you, the user of our website. Accordingly, you specifically agree and consent to the collection and processing of data that would be required by Langtek to render agreed service(s).

1.2     These Terms and Conditions constitute a legally binding agreement made between Langtek OÜ (hereinafter Langtek, Service Provider, Us, We) and the Client (alternatively referred to as User). A Client may be a natural or legal person subscribing to the services provided by the Service Provider.

1.3     Adherence to the Terms of Use and our Privacy Policy is mandatory for accessing and using this website, which is owned and operated by Langtek. These Terms of Use apply to collective business transactions between by Langtek and the Client. They apply to the entire business relationship, including future contracts.

1.4     You agree that by accessing www.langtek.eu website (Site), you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue its use immediately.

1.5     Supplemental terms and conditions or documents that may be made available on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

1.6     The latest version of Terms and Conditions shall be updated on the Site. You waive any right to receive specific notice of each such change.

1.7     The website may be automatically translated through Google API the Privacy Policy and Terms of Use in different languages. While these versions may aid general understanding of non-English speakers, for any legal purposes, the English version shall be deemed as original and supersede all other versions.

 

2.      OWNERSHIP & ADDRESS

          Langtek OÜ is an Estonia based private limited company providing translation services through digital means. The company address is Sepapja 6, Tallinn 15551, Estonia; ID Code: 14932768, VAT No. EE102274624. We can be contacted at info@langtek.eu for any queries or concerns. Our offers and services are provided on the basis of these Terms of Use as amended from time to time. In issuing a contract the Client recognises and accepts these Terms of Use.

 

3.      SERVICE MODALITIES

          User Registration:  You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, if such username is found to be inappropriate, obscene, or otherwise objectionable.

 

4.      CLIENT’S ROLES & RESPONSIBILITIES

4.1     The Client shall place an order digitally. The consequences of shortcomings or delays which result from an unclear, incorrect or incomplete formulation of the assignment on the part of the Client are to be solely and completely borne by the Client.

4.2     The orders by the Client must include the mention of the target language(s), the subject area and the intended purpose of the text, and guidelines with respect to terminology and layout (formatting, format, and storage specificities of deliverables).

4.3     For complex specialised translations, the Client must indicate the use of specialised terminology and/or provide such terminology if available. The Client must provide additional details as and when required by Langtek about the subject matter and the format. When needed, Langtek retains the right to request further subject-specific information material from the Client.

4.4     The consequences of errors and delays which result from a failure to comply with these obligations on the part of the Client shall be borne by the Client.

 

5.      LANGTEK’S ROLES & RESPONSIBILITIES

5.1     Langtek shall complete and deliver the translation/content in compliance with the highest standards of quality of service in the industry. If no specific terminological guidelines are provided by the Client, the technical terms will be translated in accordance with general standard usage. Stylistic editing does not constitute part of the translation/content creation service. Langtek shall deliver the translation/content in the agreed form.

5.2     Delivery deadlines are provided as per the mutually agreed timeframe according to the best estimation.

5.3     Langtek shall digitally deliver the translation/content to the Client as agreed. The use of other delivery mode would need to be communicated and agreed in advance and may involve additional charges, as applicable. Langtek shall not bear responsibility for damages which occur in transit. The Client is obliged to confirm receipt of the translation in writing.

5.4     Langtek is to be notified of errors in translation/writing by the Client who shall specifically identify with description of errors within 2 weeks of the date of delivery. Langtek’s decision on whether errors exist or nature of correction required (if any) shall be final.

5.5     There shall be no liability of Langtek for defects arising from the failure of the Client to cooperate or which are caused by erroneous, incomplete, terminologically incorrect or poorly legible documents submitted by the Client for translation. Langtek shall bring any deficiencies as noted above in the documents to the notice of the Client.

5.6     Liability in this case is limited to typically arising, foreseeable damages and is limited to the amount of the contract volume of the translation or the relevant other work. Langtek shall only be liable for deliberate acts and gross negligence.

 

6.      OFFERS & PRICES

6.1     All offers and prices are non-binding. They can be adapted to suit current conditions and extra expenditure, without special notification.

6.2     The prices are in euro, unless another currency has been agreed upon. All prices listed in our offers are net prices and do not include Value Added Tax.

6.3     Payment terms, early payment discounts or other deductions are not guaranteed, unless they have been expressly arranged.

6.4     Special services require a supplement or will be charged according to the expenditure.

 

7.      THIRD PARTY LIABILITY (NON-PARTIES TO THE CONTRACT)

7.1     Langtek shall not be liable for defects and damages caused by third parties (non-parties to the contract).

7.2     Any recourse of the Client to Langtek for the assertion of damage claims of third parties is inadmissible.
 

8.      FORCE MAJEURE, RESCISSION

8.1     Langtek shall not be liable for damages that arise from force majeure (natural disasters, power failure, computer viruses not detectable through regular anti-viral checks, traffic congestion, et al. Langtek has the right to withdraw from the contract or to request a reasonable grace period from the Client for the performance of the contract, which shall not be refused by the Client. Any claims by the Client for damages on this account are excluded in this case.

8.2     In the event of rescission of the agreement by the Client, the Service Provider is entitled to the complete amount as agreed between the parties.

9.      INTELLECTUAL PROPERTY

9.1     Before submitting a project for translation/content creation to Langtek, the Client must ensure they have the right to do so. The Client may not, in supplying work under this Agreement, knowingly infringe or misappropriate any intellectual property right of a third party, and will take reasonable actions to avoid infringement. The Client shall, at its own non-reimbursable expense, defend, indemnify and hold harmless Service provider against any and all damages, liabilities, losses, costs and expenses (including attorneys’ fees and other professionals’ fees) associated with any claims, suits or proceedings brought against the Service Provider based on an allegation that the deliverables or its performance under this Agreement in connection with the work provided by the Client constitutes an infringement or misappropriation of any right of any third party, including any copyrights, patent rights, trademark rights, trade secret rights, confidentiality rights or other property rights.

9.2     You also represent and warrant that: (i) you either are the sole and exclusive owner of all personal data or you have all rights, licenses, consents and releases necessary to grant Langtek the license to the personal data; and (ii) neither the personal data nor your submission, uploading, publishing or otherwise making available of such personal data nor Langtek use of the personal data as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or privacy, or result in the violation of any applicable law or regulation.

9.3     You hereby represent and warrant that the requested Langtek Services and your use of the website and/or the Translated Text are for lawful purposes only. You agree to not provide Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Langtek in its sole discretion, whether or not such material may be protected by law. Langtek reserves the right, at its sole discretion, to refuse service in the event of occurrence of the above.

9.4     You agree to indemnify and hold Langtek and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or deliverables obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Langtek’s use of your Content; or (iv) your violation of the rights of any third party.

10.    RESERVATION OF TITLE

10.1   Langtek is the owner in respect of the translated/created material until payment has been made in full.

10.2   With the complete payment of the remuneration, the Client acquires the right of use for the translation/content.

11.    COPYRIGHT

11.1   The Service Provider is owner of the copyright to the translation.

11.2   The Client shall indemnify the Service Provider from copyright claims that could be asserted against the Service Provider on the basis of the translation, even by third parties.

 

12.    ASSIGNMENTS

12.1   These Terms of Use, and any rights and licenses granted hereunder may not be assigned, transferred, delegated, or sublicensed by you. They may, however, be assigned, transferred, delegated, and sublicensed by Langtek without any restriction.

 

13.    CONFIDENTIALITY

13.1   Langtek agrees to maintain secrecy as to the content of the documents to be translated, all other informational material provided by the Client on the occasion of the performance of the contract, as well as in regards to all facts disclosed by the Client (collectively referred to as information) in connection with the business relationship. Langtek may transmit the above information to the processor(s) in order to provide the services agreed, and such transmission shall not represent a breach of this obligation.

14.    USE OF THE WEBSITE

14.1   Langtek owns all intellectual rights in this website and its content, including but not limited to all logos, trademarks, data, texts, graphics, layout, images or any other audiovisual material or algorithms. Subject to these terms of use, the user is granted a limited, temporary, revocable and non-exclusive license to access, browse and use this website for personal and non-commercial purposes only.

14.2   The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Provided that you are eligible to use the Site, you are granted a limited license to access and use portion of the Content to which you have properly gained access solely for your personal, non-commercial use. All such usage require prior express approval from Langtek. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

14.3   No part of this website may be reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise used or exploite, either in full or in part, for any purpose without our prior written consent. It is not permitted to republish any part of this website in any form on any other medium (print, electronic or otherwise) or as part of any commercial service without prior written permission from Langtek. All the intellectual property rights referred to above remain owned by and vested in Langtek.

14.4   Additionally, while accessing and browsing this website you must adhere to all applicable laws, regulations and codes. You must not link to any part of the website other than the homepage and must not frame or use framing techniques to enclose the website, or any part of the website, without our prior written consent, and without harming our reputation, and without suggesting any association, approval or endorsement for your goods or services or your website by Langtek. You must not modify, or attempt to modify, all or any part of the content on the website, and not gain or attempt to gain unauthorized access to the website, the server on which the website is stored or any third-party server, computer or database connected to the website.

15.    TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE WEBSITE

15.1   Langtek can permanently or temporarily terminate, suspend or deny your access to this website (whether in whole or in part) or terminate your permission to link to this website, at any time without any advance notice.

15.2   In such circumstances all our liability (as well as the liability of our directors, employees or other representatives) for any loss whatsoever arising from our removing or editing content and/or your limited use of or inability to use this website (either in whole or in part) is excluded, insofar as it is possible to do so in law.

16.    LIMITATION OF LIABILITY

 

16.1   In no event will Langtek be liable for any damages, including, without limitation, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with any party’s use of the website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this website or any website operated by any third party or any contents of this website or any other website, even if Langtek is aware of the possibility of such damages.

 

16.2   Langtek is not liable for any error or defect in the services provided or contributed to by any of the users, including you. Langtek shall not be liable for any matter unless all monies owed to it by the user have been paid in full in a timely manner. Langtek must be provided with at least 21 days' notice of any matter for which we may be liable, and must be afforded a reasonable period to remedy any such breach before the Client incur any costs or expenses in remedying the matter themselves. If the user fails to provide any such written notice, Langtek shall not be liable. Langtek reserve the right to request written evidence of any claims that the Client alleges together with full details as to how any liability was incurred and the measures taken by Client to mitigate the loss. The Client hereby acknowledges and accepts its duty to mitigate any loss, costs, expenses, or damages that it may incur. Under no circumstances shall Langtek’s total liability to the Client exceed the sum of Euro 250.

 

16.3   We shall not be liable to you for any delays in the provision of the services or for any other events to the extent that such events are due to things that are outside reasonable control including, but not limited to, emergencies, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, prohibitive governmental regulations or actions, and any other similar events. Langtek shall not be liable to the User for any consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions); economic and/or other similar losses; and/or special damages and/or indirect losses.

 

17.    DISCLAIMER

17.1   The services are provided on “as is” and “as available” basis. Langtek disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Langtek makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Langtek does not guarantee the quality, suitability, or ability of processors. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

17.2   Langtek does not assume any liability for damages or losses resulting from visiting the website www.langtek.eu. Langtek is also not responsible for, nor does it endorse in any way any third party links or their content. Langtek responsibility of information connected to its own services is additionally defined by the Service Agreement with its clients for specific service(s).

18.    ENFORCEMENT

18.1   If the whole or any part of any provision of these Terms of Use is or becomes invalid, void or unenforceable for any reason the same shall, to the extent required, be severed from these terms of use and rendered ineffective so far as is possible without modifying the remaining provisions of these terms of use and shall in no way affect the validity or enforceability of any other provisions.

19.    WAIVER

19.1   No waiver by us of any breach by Client of these Terms of Use shall constitute as a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of Client’s obligations.

20.    GOVERNING LAW AND JURISDICTION

20.1   These Terms of Use are governed by and construed in accordance with the laws of Estonia.

 

21.    DISPUTE RESOLUTION

 

21.1   Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) shall be determined by a sole arbitrator jointly appointed by the parties. The seat of arbitration shall be Tallinn, Estonia. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Estonia. This “Dispute Resolution” section will survive any termination of these Terms of Use.

Langtek OÜ

Sepapaja tn 6

15551 Tallinn, Estonia

info@langtek.eu

+372 6027869

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© 2020 by Langtek