Terms of Service
These terms and conditions apply to each request for a quote from Day Translations,
Inc. for provision of translation and interpretation services and to the provision
of services following acceptance by the client of a quote from Day Translations, who
shall agree on the following:
1. DEFINITIONS
Unless expressly stated otherwise, in this Agreement the words below shall bear the
following meaning:
1.1. "Services" shall refer to services referred to in Article 2 of this Agreement;
1.2. "Party" shall refer to a service provider or client that requests
interpretation services or on whose behalf interpretation services are requested
from Day Translations, Inc.
1.3. "Confidential Information" means any proprietary information, knowhow or data
disclosed in confidence by one party to the other party (and including, in the case
of the Client, the Source Materials and the Deliverables), but does not include any
information which (a) is in the public domain; (b) on receipt by the other party is
already known by that party; (c) is at any time after the date of receipt by the
other party, received in good faith by that party from a third party; (d) required
by law to be disclosed by the other party;
1.4. "Contract" means a contract comprising these terms and conditions;
1.5. "Intellectual Property" includes all copyright, trademarks, designs, patents,
domain names, concepts, know-how, trade secrets, logos and all other similar
property and rights whether registered or unregistered;
1.6. "Quote" means a quote issued by Day Translations, Inc. to the Client;
1.7. "Services" means the services specified by Day Translations, Inc. to the
Client;
1.8. "Source Materials" means the document(s) or information submitted by the Client
to Day Translations, Inc. for interpretation;
1.9. "Deliverables" means the final deliverables produced as a result of the
Services;
1.10. "Working Days," we work 24 hours a day, 7 days a week serving our valued
clients.
2. SERVICES
2.1. All services, including but not limited to: over-the-phone interpreting, video
interpreting, and in-person interpreting, shall be done in the manner and form
indicated and displayed on the Day Translations, Inc. website or the DayInterpreting
portal. All services of alternate forms or means requested by the client must be
agreed upon by the parties in writing and stipulated in detail in this document.
2.2. Each request for interpretation services made to Day Translations, Inc. and
supply of Source Materials to Day Translations, Inc. is made subject to these terms
and conditions.
2.3. No contract exists in respect of any request for interpretation services or in
respect of any Source Materials that may be submitted to Day Translations, Inc.
unless and until there is an accepted contract. Once there is an accepted contract,
a 'Contract' is formed between the Client and Day Translations, Inc. in respect of
the Services described in that Contract.
2.4. Day Translations, Inc. reserves the right to decline to provide any
interpretation services if the Source Materials contain any material which Day
Translations, Inc. at its discretion (and without any obligation on Day
Translations, Inc. to review the Source Materials for appropriateness, legality or
otherwise) considers to be offensive, obscene, contrary to any law or otherwise
considered by Day Translations, Inc. to be inappropriate.
3. PROVISION OF SERVICES
3.1. Subject to receipt of all applicable amounts due from the Client, Day
Translations, Inc. will provide the services as specified in the contract and in
accordance Day Translations Inc.'s standard practices and procedures including the
practices and procedures as described in the contract issued to the Client.
3.2. Day Translations, Inc. has no responsibility to review the quality of the
Source Materials for any errors and has no liability to review the Source Material
for or to correct any errors or omissions contained in any Source Materials
regardless of the nature of such errors or omissions and regardless of the impact
that such errors or omissions may have on the quality of the Deliverables.
3.3. Day Translations, Inc. will issue the Deliverables to the Client in accordance
with Day Translations Inc.' standard practices and procedures applicable at the time
or as otherwise specified in the contract. Day Translations, Inc. will use
reasonable endeavors to issue the Deliverables on or before the agreed delivery date
/ time, or where no specific delivery date / time is agreed within a reasonable time
following receipt of the contract, but Day Translations, Inc. accepts no liability
for any delay in meeting the applicable timing.
4. USE OF SERVICES
4.1 The following uses of Day Translations, Inc.'s interpreting services are
prohibited: the transmission of any material which constitutes an infringement of
any patent, trademark, copyright or trade secret; the transfer of any information
abroad in violation of any export law; a violation of Section 223 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 223, or other criminal
prohibitions regarding the use of telephones to transmit obscene, harassing or other
messages specified therein; or a violation of any other applicable statute or
government regulation.
4.2 Customer agrees to indemnify Day Translations, Inc., its affiliates and their
respective successors and to hold them harmless from any claim or action whatsoever
arising from the use of interpreter services in any manner prohibited by this
Section. Day Translations, Inc. shall not be liable for any indirect, incidental or
consequential damages, or for lost profits or revenues of any kind, whether or not
Day Translations, Inc. had knowledge that such damages might be incurred.
5. INTERPRETING CHARGES AND PAYMENT
5.1 You should purchase credits in advance and use them to avail of DayInterpreting
services. Charges are set forth in the "Prepaid Credits" section of your dashboard.
The rates are subject to change from time to time. If you run out of credits during
a call, you will be prompted and if you fail to purchase more credits the call will
be disconnected.
5.2 Payments shall be made through Paypal or by credit card using encryption
communication ensuring privacy and security.
5.3 If you enter into a contract with DayInterpreting, rates and payment terms are
as set forth in your contract.
5.4 If you add a third-party number to the call using your dashboard or if you ask
our interpreter to add a third-party, you will be charged extra.
5.5 You will be charged for the whole minute if usage is anything less than a whole.
Third-party charges will begin from the time they are added to the call.
5.6 If the purchaser is not satisfied, the purchaser may contact customer support to
express any concerns and refunds are at the discretion of Day Translations, Inc.
6. INTELLECTUAL PROPERTY
6.1. Nothing in this Contract transfers to Day Translations, Inc., ownership of any
Intellectual Property in the Source Materials or the Deliverables.
6.2. All Intellectual Property in the processes, methodology and know-how used by
Day Translations, Inc. in its performance of a Contract are and will remain the
property of Day Translations, Inc. Nothing in any Contract transfers to the Client
any of Day Translations, Inc.'s Intellectual Property.
7. CONFIDENTIAL INFORMATION
7.1. Both parties recognize and acknowledge the confidential nature of the
Confidential Information.
7.2. Neither party may disclose any Confidential Information other than:
(a) to its directors, employees, contractors or subcontractors to the extent
necessary in the performance of the Contract;
(b) with the express prior written consent of the other party; or
(c) to its professional advisers.
8. GENERAL
8.1. This Agreement shall enter into force with immediate effect and shall be valid
until the complete fulfillment of contractual obligations.
8.2. Entire agreement: Each Contract constitutes the complete and exclusive
statement of the agreement between the parties, superseding all proposals or prior
agreements, oral or written, and all other communications between the parties
relating to the subject matter of that Contract.
8.3. Amendments: Except as specifically provided, no amendment to a Contract will be
effective unless it is in writing and signed by both parties.
SECURITY & PRIVACY POLICY
Day Translations, Inc. Privacy Policy for Customers and Clients
Day Translations, Inc. pledges to maintain the utmost respect and confidentiality
for all of its client's documents. Accordingly, Day Translations and all affiliates
will use your personal information only for the following purposes:
DAY TRANSLATIONS, INC.'S PURPOSE IN COLLECTING PERSONAL INFORMATION
Day Translations, Inc. collects your personal information only for the purpose of
invoicing you on your translation and sending you the final document. Day
Translations, Inc. does not store any of your personal information or redistribute
it to any outside parties. Day Translations, Inc. only uses personal information
to:
-- Contact You
-- Deliver the services you request
-- Develop and communicate special offers
-- Provide customer service
WHAT INFORMATION DAY TRANSLATIONS, INC. COLLECTS AND HOW IT IS COLLECTED
-- The information Day Translations, Inc. collects may include:
-- Contact information, phone numbers, service preferences, billing information, and
other information provide when you do business with Day Translations, Inc.
-- Your location and industry.
HOW DAY TRANSLATIONS, INC. USES PERSONAL INFORMATION
-- Day Translations, Inc. does not sell or rent personal information to others.
-- Day Translations, Inc. does not use cookies on your website
-- Day Translations, Inc. does not disclose personal information to non-Affiliates
except in the instance that you request Day Translations, Inc. to do so.
DAY TRANSLATIONS, INC. TAKES REASONABLE STEPS TO PROTECT YOUR PERSONAL
INFORMATION
Day Translations, Inc. maintains a database of only your contact information and
your original documents and translated documents solely for the purpose of saving
your files in case you need to refer back to them and for our accounting
purposes.
MODIFICATIONS TO DAY TRANSLATIONS, INC.'S PRIVACY POLICIES
Day Translations, Inc. reserves the right to change its privacy policies at any
time, except as may be prohibited by law.
Day Translations, Inc. will post revisions online. Use of Day Translations, Inc.'s
services after posted changes means that you consent to the privacy policies as
changed.
CONTACT INFORMATION
If you have any queries or complaints, please contact Day Translations, Inc. in
writing or via email at the address below:
Day Translations, Inc.
415 Madison Avenue 15th floor
New York, NY 10017, US
E-mail: support@daytranslations.com
