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English Serbian
Translation Service
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The following Terms and Conditions constitute a legally binding agreement ("The Agreement") between you ("Client") and English Serbian Translation Service regarding access to and use of the English-Serbian-Translation.com web site ("web site") and its associated human-based translation services ("Translation Services") rendered or to be rendered by English Serbian Translation Service. By accessing or using the web site or the Translation Services, you agree to be bound by these Terms and Conditions of the Translation Service. If you do not wish to be bound by these Terms and Conditions of Translation Service, please leave the web site now. For the purposes of this Agreement, "Original Material(s)" shall mean any electronic files that the Client transmits to English Serbian Translation Service using the web site that are intended to be the subject of Translation Services hereunder The final translated version of the Source Material(s) shall be referred to as "Translated Material(s)". Each order or formal request for the provision of the Translation Services shall be referred to as an "Order". 1. English-Serbian-Translation.com is offering following Translation Services
2. The charge for the translation is based on word-count. The word-count, as determined by English Serbian Translation Service, is final and non-negotiable. The word-count is clearly visible throughout the ordering process. Any changes to this word count will be communicated to the Client for approval. 3. All prices and rates quoted are subject to change without notice prior to formal acceptance of any Order. English Serbian Translation Service reserves the right: to charge for additional Translation Services requested after an Order has been accepted; alter without notice the currency in which the transaction is processed and/or billed. 4. It is the responsibility of the Client to select the appropriate Translation Service for the translation of the Original Material(s). 5. The Client can request a Free Quote by uploading and submitting Original Material(s) to the web site. 6. The Client can request a translation by agreeing with the Free Quote. 7. The client will be informed about the exact procedure for receiving the translated files. 8. English Serbian Translation Service will not be liable to correct any errors or omissions that were inherent in the Original Material(s) and which may or may not affect the quality of the Translated Material(s). 9. Original Material(s) will be virus checked upon receipt by English Serbian Translation Service. 10. English Serbian Translation Service reserves the right to refuse to translate any Original Material(s) that is/are of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or is otherwise considered inappropriate by English Serbian Translation Service, whose decision in all matters shall be binding and conclusive. 11. Payment will be via credit cards. Third party company, www.moneybookers.com, will do credit card processing. 12. English Serbian Translation Service Warranties
13. Times for expected receipt of the Translated Material(s) are displayed in the Free Quote. English Serbian Translation Service will use its best efforts to meet these deadlines but does not accept liability for any delay in delivery. English Serbian Translation Service reserves the right to amend the delivery date and will make all reasonable efforts to contact the Client if there is any change in the delivery date. 14. The Client has 10 days from receipt of the final Translated Material(s) to inform English Serbian Translation Service of any errors or omissions contained in the translated work. English Serbian Translation Service will make the necessary corrections free of charge and within a reasonable time frame. 15. Client Warranties
16. English Serbian Translation Service makes no representations or warranties of any kind, except as set forth above. WITHOUT LIMITING THE FOREGOING, THE TRANSLATION SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 17. English Serbian Translation Service shall not be liable for any incidental, special or consequential damages or loss of any nature whatsoever, nor for any claim against the Client by any other person or entity, arising from or relating to the Translation Services rendered by English Serbian Translation Service, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise, and even if English Serbian Translation Service has been advised of the possibility of such damages by anything contained in related proposals and other documentation. English Serbian Translation Service shall not be responsible for any loss or damage to, nor the return of, any Original Material(s). The maximum liability to the Client by English Serbian Translation Service shall in all cases, other than those involving death or personal injury, be limited to the value of the Order. 18. In the event that the Client breaches this Agreement, English Serbian Translation Service shall have the right to terminate immediately, whereupon the Client shall pay the full purchase price provided hereunder for the Translation Services completed and for all work in progress. In the event that English Serbian Translation Service breaches this Agreement, the Client shall have the right to terminate whereupon English Serbian Translation Service shall return to the Client all Original Material(s) and data supplied by the Client together with all that exist as of the date of termination. 19. All right, title and interest in and to the Original Material(s) and, except as hereunder provided, the Translated Material(s), and any and all patent rights, copyright, know-how, and trade secrets therein are and remain the sole and exclusive property of the Client. Notwithstanding the above, the Client acknowledges that English Serbian Translation Service is the sole and exclusive owner of all right, title, and interest in and to all methodology, information, software, and databases used in translating the Original Material(s), and inventions, methodology, innovations, know-how, and databases developed by English Serbian Translation Service in the course of translating the Original Material(s), including any and all patent rights, copyrights, know-how, and trade secrets therein. Provided that the Translated Material(s) and copyright, know-how and trade secrets therein shall remain the property (but not the risk) of English Serbian Translation Service until English Serbian Translation Service shall have been paid in full for such Translated Material(s). 20. The nature of the work performed and any information transmitted to English Serbian Translation Service by the Client shall be confidential. English Serbian Translation Service shall not without the prior consent of the Client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of English Serbian Translation Service whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent English Serbian Translation Service is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by English Serbian Translation Service. 21. The Client shall indemnify, defend, and hold harmless English Serbian Translation Service, its owners, directors, officers, employees, representatives, agents, successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incidental to any suit, claim or demand based on
22. English Serbian Translation Service may terminate the rights of the Client without cause at any time and with immediate effect. 23. All disclaimers, indemnities and exclusions in the Agreement shall survive termination for any reason. 24. If any part of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that part shall be deemed severed and the validity and enforceability of the remaining Terms and Conditions shall not be affected. 25. English Serbian Translation Service may modify these Terms and Conditions at any time. 26. This Agreement is to be governed by and construed in accordance with the Serbian Law. Any disputes shall be subject to the exclusive jurisdiction of the Serbian courts.
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