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Terms and conditions

Terms and conditions

1. DEFINITIONS

  • ‘You’ means you as an individual or, if applicable, the company or other legal entity you represent.
  • ‘Users’ means visitors to the BigTranslation website, blog or Service who have not registered an account with us.
  • ‘Customer(s)’ means visitors who have registered an account with BigTranslation to use its Service.
  • ‘Service(s)’ means all the BigTranslation websites, blogs, platforms, support areas, information materials and the translation services provided in connection with the foregoing.
  • ‘Order(s)’ means any order for Services created by a Customer, and accepted by BigTranslation via acknowledgement on the Translation Platform or otherwise in writing.
  • ‘Translators’ means both BigTranslation employees and third parties who engage with BigTranslation and the Customer to provide content translation services as contractors of BigTranslation.
  • ‘Source Materials’ means the source content for translation by the Service, and any guidelines, glossary, instructions and other materials provided by Customer.
  • ‘Translated Projects’ means the content translated from the Source Materials.
  • ‘Translation Platform’ means BigTranslation’s website and online platform where you can access your BigTranslation Account, place Orders and access the Service.
  • ‘Quality Levels’ are defined and described on the BigTranslation website and Translation Platform (Basic, Pro, Business) and we reserve the right to amend these services at any time.
  • ‘Terms and Conditions’ means these BigTranslation Terms and Conditions and any policies or guidelines referenced herein.

2. USERS AND CUSTOMERS

By using this website and/or registering as a Customer, You agree to be bound by these Terms and Conditions. 

If You are entering into these Terms and Conditions on behalf of a company or other legal entity, You must have the legal authority to bind the legal entity to these Terms and Conditions. If You do not have this authority, or if You do not agree with the terms and conditions of these Terms and Conditions, You may not use the Service.

Before placing an Order or requesting a quote, You must register and create an account with BigTranslation as a Customer. Any personal information you provide will be subject to BigTranslation’s Privacy Policy

You agree to:

  • Take responsibility for the activity that happens in connection with your BigTranslation account
  • Keep your password and login details confidential
  • Keep all account information updated and accurate at all times
  • Not abuse or conduct any illegal activity using our Service
  • Not contact Translators or contractors outside of the BigTranslation Translation Platform.
  • Not defame or harass BigTranslation, or its employees, contractors, or Translators

BigTranslation may suspend or terminate your access to the Service or an Order if you do not comply with these Terms and Conditions or if we suspect misconduct, fraudulent activities or payment, or a violation of these Terms and Conditions, with or without notice.

BigTranslation may modify or suspend the Translation Platform or its Service at any time, for any reason.

3. QUOTES AND SERVICES INFORMATION

Automatic quotes are available for guidance and consultation and are not binding upon BigTranslation. Automatic quotes can also be used for ordering.

BigTranslation reserves the right to make an additional charge to the quoted amount if, after commencement of the translation, the Customer wishes to make changes to the Service or Source Materials. Such charge will be agreed with the Customer and must be paid for upfront before the changes to the Service are applied.

Any information provided in BigTranslation’s brochures, websites, Translation Platform, Service or other published material shall be understood as a general description for information purposes only and therefore shall have no legal bearing on the Terms and Conditions or any Order.

All services are subject to availability. If, once an order has been placed, BigTranslation is unable to carry out the translation under the contracted service, BigTranslation will either propose a new service to the client or offer the client a refund.

4. ORDERS AND PAYMENT

You can place an Order by providing all the required information via the Translation Platform, including the Quality Level required for your translation as described on the BigTranslation website and Translation Platform.

Unless otherwise stated, prices are in euros (EUR).

Payments for all Services shall be made upfront before the Order is accepted unless specifically agreed in writing by BigTranslation.

All orders placed to BigTranslation are subject to the current Spanish and Community regulations, as well as all other legal provisions. 

BigTranslation has an intra-community VAT and Tax Identification number, all orders made by customers residing in any country of the European Union and who hold a VAT number will be exempt from paying VAT. It is, however, essential that our system validates this VAT number on its VIES platform. Customers with a billing address in Spain will be charged the corresponding VAT at the time of placing the order.

The Customer may download the invoice from their Customer Area which will be available approximately 48 hours after placing the order.

The Customer can request for their account to be closed at any time through our contact form. It will only be valid when you do so through this method.

5. TRANSLATORS; CONTRACTORS.

BigTranslation may hire third party contractors (such as Translators) to provide the Service to You. As such, you agree that BigTranslation may sublicense its rights under these Terms and Conditions to third parties to act on BigTranslation’s behalf, provided that such third parties are contractually bound by terms no less protective of the Customer than these Terms and Conditions. 

6. SOURCE MATERIALS AND TRANSLATED PROJECTS

The Customer is responsible for providing the Source Materials, including the content to be translated and all other necessary materials and information (glossary, brief, context, etc.) when placing the Order. BigTranslation may make recommendations on what types of Source Materials to provide, but ultimately the quality of the Translated Projects will depend on the clarity and accuracy of the Source Materials provided. In no case may these files contain the Customer’s contact information, as direct contact with the Translator is expressly forbidden. At the time of placing the order, the Customer may include any necessary information for the Translator to take into account.

BigTranslation will return the Translated Projects to the Customer according to the Quality Level specified in the Order, however, BigTranslation cannot guarantee that a particular Translator will take on your Order. 

BigTranslation gives an estimated time for Service completion, but cannot guarantee an exact delivery time. You will be able to track the progress of the Order from your control panel on the Translation Platform and will be informed automatically via email when it has been delivered. Translated Projects will be deemed delivered when they appear on the Translation Platform with the status ‘Completed’ and the Customer has been notified that they are ready. The Customer will be able to download the Translated Project directly from their control panel.

6. SOURCE MATERIAL DISCLOSURE

We disclose the Source Materials to potential Translators and contractors via our Translation Platform for the sole purpose of allowing him/her to preview the content in order to decide whether to take on the Order. You are solely responsible for editing or removing any confidential or personally identifiable information the Source Materials if you do not wish to disclose that information to third parties. 

Our contractors and Translators all sign a Confidentiality Agreement in order to protect any confidential material they may receive. However, the BigTranslation shall not be liable for any breach of confidentiality by such third parties if it can sufficiently demonstrate that it was unable to prevent the same.

7. Cancellation Policy

Translation Services

Once the client receives confirmation of the order, a professional will be assigned to carry out the requested translation, and the service shall be deemed to begin at that moment.

If the client wishes to cancel the order, he/she must notify us immediately by email at [email protected] to check the status of the order. 

If the work has not yet been carried out, the full amount of the service requested will be refunded. However, if the translation has already begun but is not yet completed, the work carried out up to that point will be assessed and the client shall be refunded proportionally for the part of the translation that has not been carried out. Please note that, as a general rule, we assign a professional to each project immediately after receiving the order request.

BigTranslation has the right to cancel any order should it be deemed necessary for any reason. In this case, the Customer will be refunded the full amount via the same payment method used to place the order.

Formatting

We cannot ensure an exact format match with the original text in cases of complex formatting, PDF documents or InDesign files. In such cases, every attempt will be made to respect the formatting as closely as possible, but refunds cannot be provided in case of variation. Plain text translation will be provided in the case of non-editable source texts.

Delivery Delays

We strive to complete all our translations as quickly as possible. Estimated delivery times are specified in your order confirmation. However, we cannot guarantee an exact delivery time for all orders. If delivery of your translation takes more than 72 hours longer than the longest estimated delivery time, we will issue a 10% refund on request. If the client has not received the translation within the estimated delivery time, they should contact BigTranslation via [email protected]

BigTranslation is not responsible for the any technical problems, internal email filters, etc., which prevent the client from receiving notification of completed translations. Likewise, BigTranslation is not responsible for any problems with the physical delivery of Sworn translations lying with the currier service. BigTranslation will provide a tracking number for the parcel in the client’s account on the platform and the client will be responsible for follow up with the currier if they experience any problems with the delivery.

Edit Requests

Style preferences and specific terminology requests should be specified at the time of placing the order. However, you can request reasonable edits (synonyms, word preferences, spelling of names and illegible words in a scan) to your translated documents by sending an email to [email protected] within 48 hours of delivery. We will make the edits as promptly as possible. Such edits should all be requested at the same time. Subsequent edit requests may be subject to additional fees. All languages allow numerous phrasings and word choices and, therefore, we are open to your feedback and edit requests. However, we are unable to issue a refund based on stylistic preferences. Stylistic changes affecting the whole translation are not considered reasonable edit requests and will not be accepted.

Errors Or Mistranslation

We strive to deliver the highest-quality translations and follow a strict quality control process. Due to the nature of the task, translation errors will inevitably occur from time to time. If you spot an error or mistranslation in your document, please contact us immediately and provide information on the specific part of the text affected, or examples. We will review the translation and rectify any confirmed errors in your document. We will deliver the corrected translation as soon as possible within a reasonable timeframe.

If you wish to reject the translation and request a refund, we will only allow such a refund if it is reasonably determined that our quality standards were not met and that the quality of the translation, in its entirety, was not of a professional standard. Isolated human errors such as a spelling or grammar mistake, or incorrect word choice will not be considered grounds for a refund. Stylistic preferences not specified at the time of placing the order will not be grounds for a refund.

Under any circumstance, our liability will always be limited to fixing the errors or providing a refund. BigTranslation will not have any other liability or indemnity obligations.

8. INTELLECTUAL PROPERTY

The BigTranslation Service and all the rights to its content, images, texts, design and tools, are under the property of BigTranslation. All the elements of the service, including without limitation its design and contents, are protected by intellectual and industrial property laws and international copyright treaties.

Unless explicitly authorised by BigTranslation, you may not reproduce, transfer or exploit the content of this Service in any way.

Any Third party content, images and trademarks displayed on the Service are the property of their respective owners and may not be reproduced in whole, or in part, without the express written permission of the owner.

Although BigTranslation makes every effort to ensure the precision and accuracy of the content of this website, it may contain errors or inaccuracies. As a result of this, we cannot guarantee the sincerity, reliability or accuracy of its content. BigTranslation denies any responsibility for the information contained on third party websites that are connected, through links, with the web pages of BigTranslation. Under no circumstances will BigTranslation be held liable for any damage or loss of any kind that arises from or is connected to the use of this website. BigTranslation must be indemnified against any damages resulting from your failure to comply with these conditions or from using the content of this website without prior authorisation.

If you submit feedback or suggestions about our Service, we may use the feedback or suggestions without obligation to you.

The copyright inherent to all translations produced by BigTranslation, by virtue of article 11.1 of Spanish Law 1/1996, of 12 April, on Intellectual Property, shall be its property, by the mere fact of their creation. 

Notwithstanding the above, the BigTranslation grants to the Customer, on an exclusive basis, the exploitation rights of the translations it creates, namely, the rights of reproduction, distribution and sale of the same for a worldwide territorial scope, for an indefinite period of time and without additional consideration to the payment of the services object of this contract. 

BigTranslation may, however, revoke the assignment of these rights to the Customer in the event of use by the latter of the translation contrary to the law or to contractual good faith. 

Furthermore, the Customer undertakes, where appropriate, to ensure that BigTranslation’s name, as the translation company, appears in a visible place on the translations, as well as mentioning the copyright of the translations.

9. CONFIDENTIALITY

BigTranslation will ensure that the information and contents of the project’s files are treated confidentially.

Our Translators have a confidentiality agreement with BigTranslation, which ensures that the treatment of information is consistent. The BigTranslation platform has a digital certificate (SSL) that authenticates users and encrypts the exchange of documentation through identification keys.

10. INDEMNITY

Customer will indemnify and hold harmless BigTranslation, 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 lawyers’ fees and legal expenses, arising directly or indirectly from or in connection with: (1) The Customer’s breach of any of its representations, warranties or obligations under these Terms and Conditions; (2) The 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.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY 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 BIGTRANSLATION’S LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY THE CUSTOMER TO BIGTRANSLATION DURING THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be ruled and construed in accordance with the Spanish legislation in force. Any dispute arising out of these Terms and Conditions shall be settled by the courts of Valencia, Spain. Nevertheless, this shall not prevent BigTranslation from exercising its right to settle any dispute in any other competent legislation.

Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

BigTranslation reserves the right to modify its Terms and Conditions and Privacy Policy to adapt them according to the existing legislation or for other reasons. Therefore, it is recommended that you check this page on a regular basis, as by using this website you agree to be bound by the Terms and Conditions and Privacy Policy in force at that time.

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'Black Friday' shouldn't be translated, everything else should.

15%

On all of our translation services with the code.

BlackFriday-15