These Terms and Conditions only concern the Translations Services offered by SAPORE DI CINA.
If you wish to read SAPORE DI CINA’s (also called the “Company”) general Terms and Conditions, which apply to any User of the Website, click here.
1. Provision of services
1.1 SAPORE DI CINA offers translations services from and to Chinese language, as described in this page. The specific order terms and delivery terms will be discussed with each Client, case by case, and specified on the Paypal invoice that will be sent to the Client, to an email address of his choice, upon receiving the material to be translated, in full (including the information about the language in which the material shall be translated).
The Client will then have the possibility to pay via Paypal or via bank transfer (to the Paypal or bank account of the Company, in Hong Kong).
1.2 The Company will put its best endeavors to provide the Services using reasonable care and skill and will do so in accordance with the express and specific instructions of the Client and standard commercial practices of the Company.
1.3 The Company may perform the Services for or on behalf of legal persons, such as, but with no limitation to, private individuals and entities (hereinafter referred to as the “Client”), whether private, public or governmental, who issue instructions to the Company.
1.4 The Company reserves the right to delegate the performance of all or part of its services to one or more subcontractors (or “Translator/s”, which are not employees of the Company) at any time, and the Client hereby authorities the Company to disclose all information necessary for the performance of such services to such a subcontractor/s.
1.5 The Company will deliver all translated documents via e-mail to the Client (unless the translations concerns a website, a smartphone app or other similar applications, for which delivery terms will have to be discussed case by case). The Client understands that, once the Company delivers the translated documents, they shall be saved by the Client onto a durable means of storage, such as but not limited to, a hard drive, as the Company does not have any obligation to provide the Client with any backup of the Documents and disclaims all liability for any loss or damage resulting from a loss of translated documents, after they have been delivered.
2. Obligations of the Company
2.1 The Company reserves the right to accept or decline any request for the Services, as the Company deems appropriate according to its general business practices.
2.2 Along with the above the Company shall not be compelled to agree to perform any service, accept a request or reply to an offer. The Company shall not be held liable for rejecting to perform any of the above, whether or not it falls out of the scope of the activities generally performed by the Company.
2.3 The Company will put its best endeavors to provide the Client with the requested Service, in a professional and timely manner, as long as such service is deemed appropriate by the Company and has been accepted by the Company prior to the commencement of the Service performance, as per section 1.
3. Obligations of the Client
3.1 The Client declares that has the legal authority to bind the legal entity to these Terms and Conditions, that agrees to these Terms and Conditions, and that owns all the necessary rights, permissions and copyrights (if any), to translate the documents that the Client wants to translate. The Client also declares that the material to be translated will not infringe or violate any third party’s rights, do not violate any law and do not contain any offensive, insulting or unacceptable content.
3.2 The Client undertakes to provide the Company with sufficient instructions and, if necessary, any type of information or documents, or access to such materials, that is required for the Company to perform the service. This obligation is extended throughout the duration of the service performance until the full completion of the service by the Company.
3.3 No documents for translation shall be deemed to be confidential unless this is expressly stated by the Client.The Client is the solely responsible for classifying, editing or removing any confidential or personally identifiable information in the material that must be translated, if the Client do not wish to disclose that information, before sending the material to the Company.
4. Revisions and Refunds
4.1 Upon concluding the job, the Company will send the translation to the Client via email (unless the translations concerns a website, a smartphone app or other similar applications, for which delivery terms will have to be discussed case by case). From this moment, the Client will have 7 days to approve the job, or ask for a revision. If the Client doesn’t approve the job, or the Client doesn’t take any action for 7 days, no alterations, revisions, or refunds of the Service (or translations) will be provided.
4.2 The Client can ask a refund only before the Company has started the translation. Once the Company has started the translation, the Client can’t ask a refund (unless the Company doesn’t deliver the Service within the agreed timeline, or the Client can prove that the translation was not up to the standards agreed upon).
5. Limitation of Liability and Indemnification
5.1 The Company is neither an insurer nor a guarantor and does not intend to provide services in such capacity at any time and therefore disclaims all liability in such capacity. It is a sole responsibility of the Client seeking a guarantee to obtain insurance the Client deems appropriate with a third party of their choice, should the Client wish to ensure more protection. The Company shall not be held liable for any loss or damage resulting from the Client failing to obtain appropriate insurance. The Company does not have any related entities providing insurance coverage and shall not be expected to provide such service at any time. The Company shall not be held liable for any type of information provided by third party insurers.
5.2 All subcontractors (which will have access to all the documents that must be translated, as set in clause 1.4) have signed an agreement, which includes a non disclosure clause, with the Company before receiving any document provided by the Client; and the Company will put its best endeavors to provide confidentiality to the Client. However, due to the fact that the documents to be translated will be sent via email (which can’t be deemed 100% confidential due to risk of hacking of the server of the Client’s email provider, the Company’s email provider, or the subcontractor’s email provider), the Company can’t offer any sort of insurance, guarantee or compensation for losses due to Intellectual Property (IP) theft.
Therefore, the Company advises the Client to never send to the Company any material that must be kept confidential.
5.3. The translation services are provided “as is”. The Company and its subcontractors do not make any specific promises about the services, the content within the services, the specific functions of the services or their availability, reliability or ability to meet the Client’s needs.The Company excludes all warranties, no matter the jurisdiction.
5.4 The Client agrees to indemnify and hold harmless the Company, its affiliates, subsidiaries, 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 and court expenses, arising directly or indirectly from or in connection with: (i) breach of any of its representations, warranties or obligations under these Terms and Conditions, (ii) Client’s negligent, reckless or intentionally wrongful act or by its assistants, employees, representatives, contractors or agents; (iii) Client’s failure to perform its obligations or exercise its rights in accordance with all applicable laws, rules and regulations.
Last Modification: 29 March 2019