This is a legal agreement (”Agreement”) between the Customer/Client and Highway Telecom USA, Inc. dba (“Lingua Company”), which will apply to the Customer/Client in respect of any and all services offered by or acquired (the “services”) from the Lingua Company Website (the “website”). This Agreement sets forth the terms and conditions governing the access and use of our website, including the provision of translation services resulting in text documents (”Translations”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, the Customer/Client agree to become bound by the terms and conditions of this agreement. If the Customer/Client do not agree to all the terms and conditions of this agreement, then the Customer/Client may not access the Website or use any services. If these terms and conditions are considered an offer by Lingua Company, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 19 years old.
Lingua Company agrees to provide Language Services (Services) to the Customer in accordance with these Terms.
Lingua Company reserves the right to modify, suspend or discontinue any or all of the Services at its sole discretion, without prior notice. The Customer shall have the right to object to any such modification, suspension or discontinuation of any or all of the Services under this clause and shall additionally be entitled to receive a refund from Lingua Company of any overpayment of money paid to Lingua Company in respect of the Services, calculated by Lingua Company on a pro-rata basis.
Lingua Company reserves the right to reasonably alter the Terms at any time by giving the Customer notice in writing.
Use of Services
The Customer is at all times responsible for the use of the Services.
Where the Customer accesses the Services by means of the internet, the Customers responsible for providing access to the Services, including but not limited to a computer, modem and/or additional communications equipment and a telephone line capable of and necessary for connecting to and accessing the Services. The internal network configuration remains the responsibility of the Customer. Any interruptions to the Services that occur as a result of an internal configuration issue are not deemed as an interruption or suspension of the Services.
Lingua Company expressly has no responsibility for the subsequent use of any collateral arising from Services delivered to the Customer, nor does Lingua Company have any responsibility for the implications of use of any delivered Services.
The Customer will indemnify Lingua Company against all liabilities, losses, or costs that Lingua Company may incur, in consequence of any claim that may be made against Lingua Company in consequence of the use of, or content of, any Services delivered by Lingua Company.
The Customer agrees that, as with any business endeavour, there is an inherent risk of loss of capital. The Customer agrees that Lingua Company does not in any way guarantee any results specific or otherwise deriving from Lingua Company’s Services, and the Customer accepts that said Services may result in the loss of capital.
The price payable by the Customer for the Services shall be set out in the order or invoice directly relating to the Services provided by Lingua Company, or otherwise agreed with Lingua Company by email or other correspondence.
All payments are made in the strictly within 30 days of an invoice for the Fee being issued. Lingua Company reserves the right to charge Customers by Credit at its sole discretion. Lingua Company reserves the right to demand payment in advance at its sole discretion.
Lingua Company reserves the right to charge Customers any bank transfer fees and expenses and any other currency conversion costs in addition to the Fee.
Lingua Company reserves the right to charge interest on any amounts due by the Customer to Lingua Company that are not paid on the due date, at the rate of 4% above the base rate from the due date until the outstanding amount is paid in full. Interest shall accrue on a daily basis.
Guarantees and Liability
Lingua Company guarantees to the Customer that the Services will be provided using reasonable care and skill. Lingua Company expressly does not give the Customer other guarantees whatsoever and excludes any implied warranties to the maximum extent permitted by law.
Except in respect of death or personal injury caused by Lingua Company’s negligence, or as expressly provided in these Terms, Lingua Company shall not be liable to the Customer for any representation (unless fraudulent), or any implied guarantee, condition or other term, for any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, cost, expenses or other claims (whether caused by the negligence of Lingua Company, its agents or employees or otherwise) which arise out of or in connection with the provision of Services or their use by the Customer.
The Customer expressly agrees that the use of the Services is at the Customer’s sole risk. Lingua Company, its agents, contractors, licensers and employees do not guarantee that the Services will be uninterrupted or free from error.
Lingua Company will use its best endeavours to deliver the Services within any agreed time, but shall not be liable to the Customer or be deemed to be in breach of the Terms by reason of any delay in performing, or any failure to perform, any of the Services, if the delay or failure was due to any cause beyond Lingua Company’s reasonable control. For the purposes of this clause 5.5, the following occurrences shall constitute circumstances which are beyond Lingua Company’s reasonable control:
(a) electricity or telecommunication failure of whatever means; or
(b) acts of god, riot, war, invasion, acts of terrorism, hostilities (whether declared or not), civil war, rebellion, legislation changes, flood, fire or drought.
Lingua Company shall keep confidential all information and documents delivered to it by the Customer and shall not disclose any such information or the contents of such documents to any third party unless compelled to do so by law.
The entire liability of Lingua Company under or in connection with the provision of the Services shall not exceed the amount of Lingua Company’s charges for the provision of the Services, except as expressly provided in these Terms, except where liability cannot by law be limited.
Lingua Company contracts under these Terms solely with the Customer and expressly has no contractual relationship or liability of whatever nature under these Terms to any third party.
These Terms shall exclusively govern the contract between Lingua Company and the Customer to the express exclusion of all other terms and conditions whatsoever. In the case of Consumer Customers, any statements made by Lingua Company or its employees or agents may form the basis of any contract made between Lingua Company and the Consumer Customer.
Lingua Company may terminate this Agreement at anytime without prior notice and without affecting any accrued rights or claims of Lingua Company where the Services are misused by the Customer, for non-payment of the Fee or for breach of the Terms or in the case of the insolvency of the Customer.
Lingua Company reserves the right to suspend provision of the Services for the duration of any non-payment period. Suspension of the Services does not necessarily constitute termination of the Services, at Lingua Company’s discretion.
For the avoidance of doubt, where the Services are terminated by Lingua Company in terms of this clause 6, the Customer shall remain liable for the full purchase price for the Services completed, all work in progress and any interest.
Customers/Clients shall contact Lingua Company’s Account/Project Manager no later than six weeks after the commissioned project was delivered in case of any dispute or complaint about the specific project/Service performed.
The Client/Customer hereby agrees, understands and acknowledges that the Company has expended extensive time and resources in finding, hiring, retaining and/or training its employees, consultants, subcontractors and agents.
Accordingly, the Customer/Client hereby agrees that during the course of provision of the Services, and for a period of one year afterwards, the Client shall not directly or indirectly, whether individually or as an owner, officer, director, employee, consultant or agent of any company or other entity, in any manner whatsoever, hire or attempt to hire, retain, engage or solicit, in any manner, any employee, consultant, subcontractor or agent of the Supplier to perform any language translation or related services.
Laws and Regulations
This Agreement shall be governed by the laws of the State of Florida, USA. the Client/Customer expressly agrees that any claim or dispute arising from the Customer/Client use of our website and/or our services will be governed by the laws of the State of Florida, USA without regard to the conflict of law provisions thereof. The Customer/Client further agree that any such claims or disputes shall be resolved in the state or federal courts located in Miami-Dade County, Florida, and the Customer/Client agrees to be subject to the personal jurisdiction in, and the exclusive venue of, such courts and waive any objection to such jurisdiction and venue for the purpose of litigating any such claim or dispute.
This Agreement contains the entire agreement regarding the use of the website and its services. This Agreement may only be amended with the express consent of Lingua Company.
Lingua Company (LinguaCompany.com) is a Highway Telecom USA, Inc. service.
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