Team Terms and Conditions

These general contractual terms and conditions govern the relationship of supply of services of the linguistic industry between You and Translation Agency USA , as well as your use of the platform prepared by Translation Agency USA allowing You to manage translation services (“Platform“), which can be accessed on the website www.traslatequickly.com (“Website“).

Translation Agency USA reserves the right to modify, in whole or in part, these general terms and conditions at any time by giving a notice of at least 7 days through the Website; should the methods of managing the services significantly change. You are therefore required to periodically visit the Site, in order to always be informed about the applicable conditions. You will have the right, without any additional charge or cost, to withdraw from the contract within the next 7 days from the publication of the modifications to the general terms and conditions on the Site, it being understood that the use of the Platform or the provision of services by You, following these modifications, involves the tacit acceptance of the same.

1.     DEFINITIONS

For the purposes of these general terms and conditions:

“Account” means the account created by you, upon registration on the Platform;

“Payment cycle” means biweekly payment cycle each month, according to which Translation Agency USA pays the fees invoiced by the translators/notary during the previous cycle;

“Clients” are the natural persons, companies or public administration bodies that contact Translation Agency USA for the translation, of their documents or for the notary service;

“Language combination” is the combination of source and target languages, in which You wish to work, where the target language must be your native language;

“Access credentials” means the username and password chosen by You while registering your Account;

“Force Majeure Event” means any circumstance or emergency of an exceptional and/or catastrophic nature, which makes it impossible or illegal to carry out the Service in favour of the Client on behalf of Translation Agency USA ;

“Project” means the job within the scope of the Services commissioned by the Client to Translation Agency USA , which, in turn, will assign it by outsourcing it to a translator in the Translation Agency USA Network, who is considered the most appropriate;

“Services“means the services offered by Translation Agency USA to its Clients through the translators of the Translation Agency USA Network, such as the translation services(such as desktop publishing service, HTS);

“Delivery Deadline” means the deadline indicated in the Letter of Assignment by which the commissioned activity must be completed;

2.     DESCRIPTION OF THE PLATFORM

1. The Platform allows You to use an Account through which You will be able to manage the translation jobs that will be commissioned by Translation Agency USA based on the information submitted by You at the time of registration as well as on some criteria relating to your previous experience, the   chosen linguistic combinations, your Specialised Subjects , the quality of your previous works, the degree of Client satisfaction, your on-line availability in real time, the percentage of jobs accepted and completed within the established deadlines (“Criteria of assignment”).
2. In particular, through the Platform You can (a) view the projects sent to you, (b)accept projects, (c) set and/or modify the payment method through which You wish to receive your compensation; (d) modify the information provided when registering on the Platform.

3.     REGISTRATION ON THE PLATFORM

1. To join the Translation Agency USA Network, You will need to register on the Platform. The creation of an Account will entail the reading and acceptance of these general terms and conditions by you, as well as the approval of the unfair terms referred to below.
2. By accepting these general conditions, You undertake not to transfer even temporarily to third parties and to keep the account Credentialswith the necessary care, diligence and secrecy under your own responsibility, these being the only means to identify You and to validate your access to the Platform. All acts performed through the use of these credentials will be attributed to You and will have binding effect on you.
3. By accepting these general conditions, You guarantee that the information provided during the registration process, or even at a later stage, is complete and truthful and undertakes to keep Translation Agency USA free and exempt from any damage, indemnity and/or penalty arising from and/or in any way related to the violation of the provisions of this article 3 by you.

4.     ASSIGNMENT OF THE TASK

1. By accepting these general conditions and creating an Account, You enter the Translation Agency USA Network and therefore, authorise Translation Agency USA to analyse your competences and performances based on the Criteria of assignment in order to generate a list of translators belonging to the Translation Agency USA Network, best suited for the single Project.Subsequently, the TranslationAgencyUSA Management, in their total and complete discretion will choose the translator to whom the Project will be assigned within this list. It is understood that the assignment of the tasks is at the full discretion of TranslateQucikly, regardless of the outcome of the evaluation carried out pursuant to this article.

5.     COMMON PROVISIONS

1. In the performance of the Service, You undertake to avoid behaviour and/or acts that may damage the reputation of the Clients for whom the Service is being provided and/or Translation Agency USA .
2. The Services will be carried out by You in complete autonomy, with no subordination, site restrictions, without prejudice to your obligation to use the Platform for the management of the Projects entrusted to You and to comply with the commitments made in accordance with these general terms and conditions.
3. You are expressly prohibited from contacting the Client for whom You are carrying out the Activity (as defined below) outside the Platform, even for purposes related to the Project, unless authorised by Translation Agency USA .
4. On accepting   the present   contract conditions, You acknowledge that the obligations under this article 5 and the following articles 5 6 and 9 are to be considered essential and, therefore, a violation, even if only suspected, of only one of its provisions by You will result in the immediate termination of this contract by TranslationAgencyUSA, except in case of payment of penalties provided and the right to compensation for further damages.

6.     SPECIFIC PROVISIONS FOR TRANSLATION AND REVISION

1. By accepting the assignment, You undertake to perform the translation and/or revision and Notary, including any other services, for the project assigned to You in the Linguistic Combination chosen by the Client (“Translation Activity”).
2. Once the translation activity has ended, You will confirm that the work has been done according to the best professional and quality standards have re-read the text and made the necessary corrections. You undertake to make yourself available for the four hours following the submission of the document on the Platform, in order to make the corrections that may, from time to time, become necessary for the translation You have produced.
3. You undertake to destroy and/or delete from any medium any hard copy and/or computerised copy of the documents related to the Project in the event that they contain personal data of the Client or third parties, and not later than 6 months from the delivery of the last work entrusted to You through the Platform. As an alternative to deletion, the document must be anonymised giving evidence of such proceeding to Translation Agency USA .

7.     SPECIFIC PROVISIONS FOR TRANSLATION NOTARIZATION

1. If You have offered to provide Notarization services to TranslationAgencyUSA has assigned You a translation, with the acceptance of the Project You declare and guarantee to be in possession of any authorisation required by the legislation in force in the jurisdiction in which it is being provided for the purpose of carrying out the sworn translation notarization activity (as defined below) and commit to hold Translation Agency USA harmless from any damage, including lost profits, that You may suffer as a result of your violation of this article.
2. With the acceptance of the Project, You undertake to carry out the translation Notarizatoin of the assigned project according to the best professional and qualitative standards and within the terms indicated in the Project, as well as to carry out any further activity required by the legislation in force in the jurisdiction in which You are located in order to guarantee the correctness of the translation
3. You undertake to destroy and/or delete from any medium, any hard copy and/or computerised copy of the documents relating to the Project within the time period communicated to You by Translation Agency USA from time to time and in any case not later than 6 months from submission of the work.

8.     WITHDRAWAL FROM ASSIGNMENT

1. If You communicate to Translation Agency USA , your withdrawal from the assignment, once half of the time provided for the delivery has elapsed and, if at the time of the withdrawal, You have not translated any part of the document or the part of document You translated is of a quality that renders it unusable, TranslateQucikly may apply a penalty of up to 100% of the remuneration that would have been due for the Notairezed Translation Activity (“Penalty for withdrawal from assignment”), apart from demanding compensation for any further damage.The Penalty for withdrawal from assignment will be applied through   the issue of a new Purchase Order which will take into account the penalty or through the issue of a specific invoice in accordance with applicable legislation.  In the latter case, the penalty must be paid within and no later than the term indicated on the invoice. The Penalty for withdrawal will not be applied if the renunciation over the term indicated in this article has been due to a Force majeure event.
2. If, at the time of the waiver, whether this occurs before or after half of the delivery time has expired, You have translated a part of the document and the translation is of a quality that allows its use without the need for any revision or correction, Translation Agency USA will pay You a reduced fee, based on the translation activity that You actually performed and depending on whether the communication of your waiver has been received by Translation Agency USA before or after half of the estimated time for delivery. The amount due to you, in both cases, may be subject to a penalty up to 100% of the compensation for the project.

9.     LATE DELIVERY

1. If You have delivered and/or provided the translation with a delay of more than 20% with respect to the Deadline and this delay is directly or indirectly attributable to you, the Translation Agency USA management may apply a penalty proportional to the extent of the delay up to an amount equal to 100% of the agreed sum for the work delivered late (“Penalty for late delivery”).
2. The Penalty for late delivery can be compensated with the fee You may have accrued due to the work done.

10.  CONFIDENTIALITY

1. By accepting the Letter of Assignment, You undertake to keep all the information contained in the documents relating to the Project assigned (hereinafter “Confidential Information”) to You strictly private and confidential and to take any measures that may be necessary in order not to compromise the confidentiality of such information. In particular, You undertake not to disclose, in any case, such Confidential Information, in whole or in part, to third parties and to use the Confidential Information for the sole purpose of performing the translation and any subsequent revisions.

11.  OBLIGATIONS AND RESPONSIBILITIES OF Translation Agency USA

1. Translation Agency USA undertakes to maintain and manage the Platform using the best expertise available to ensure efficiency of the Platform. In particular, Translation Agency USA undertakes to monitor the normal and continuous operation of all the technical supports necessary for the performance of the service, limiting the interruptions, suspensions, malfunctions and any technical problems that may arise as far as possible, it being understood that the platform is provided “as is” and without guarantees of any kind. In this regard, Translation Agency USA cannot be held responsible for any damage including, but not limited to, indirect, consequential, special, incidental damages, for any damage and/or anomalies that may occur and which are beyond the technical control of Translation Agency USA , such as, by way of example, malfunctions due to defects in the means necessary to access the Platform or due to an improper use thereof.
2. Translation Agency USA , pursuant to current legislation, is exclusively liable for damages of a contractual nature when these constitute an exclusive, immediate and direct consequence of intentional or grossly negligent acts in the performance of the service contemplated in these general terms and conditions.
3. In no case will Translation Agency USA be held liable for any lost earnings or profits that may be caused due to malfunctioning of the Platform. The exclusion of liability provided here does not apply in the event of fraud or gross negligence on the part of Translation Agency USA .
4. Translation Agency USA does not offer any guaranteewith regard to the possibility of being assigned the Projects, since these are offered to translators only after evaluation of the Assignment Criteria, based on a discretionary choice of the Translation Agency USA management. In this regard, Translation Agency USA cannot, in any case, be held responsible for the failure to offer projects.

12.  DURATION, WITHDRAWAL AND TERMINATION

1. The contract is considered concluded at the time of acceptance of these general terms and conditions.
2. These general terms and conditions have an indefinite duration. Each party may withdraw from this contract by notifying the other party by e-mail. It is understood that if You communicate your withdrawal during an on-going Translation or Notarization, You will still be required to complete the activity according to the terms indicated in the Letter of Assignment.
3. In all cases of non-fulfilment of the obligations laid down in these general terms and conditions, Translation Agency USA reserves the right to terminate the contract by sending a written notice to the e-mail address of the Translator or Notary Agent provided during registration, without prejudice to the right to compensation for damages and any other measure provided by law or by these general terms and conditions.

13.  INTELLECTUAL PROPERTY RIGHTS

1. By accepting these general conditions and unless agreed otherwise, You assign and transfer definitively and perpetually to Translation Agency USA the Client the intellectual property rights of the translation You have performed, which may be used by Translation Agency USA itself and by the Client for any purpose whatsoever and without any limitation, including commercial exploitation.

14.  MISCELLANEOUS PROVISIONS

1. These general terms and conditions and the related documents constitute the entire agreement between You and Translation Agency USA and replace all previous agreements, whether written or oral, expressed or implied. No modification of these general terms and conditions will be effective and binding if not made in writing.
2. You hereby authorise Translation Agency USA to assign or transfer this contract as well as the rights and/or obligations and/or personal data relating to or connected with it to third parties.
3. If any provision of these general terms and conditions becomes illegal, invalid or otherwise unenforceable under the law of any jurisdiction, this will not affect the legality, validity or enforceability of any other clause of these general terms and conditions.

15.  PERSONAL DATA

1. Translation Agency USA guarantees that it shall process the personal data in compliance with the current relevant regulations. The privacy policy is to be considered an integral and substantial part of these general terms and conditions and is accessible in the “Privacy” section of the Website.
2. The performance of the Translation Activity on behalf of the Clients involves the processing, by You, of the personal data owned by TranalateQuickly.

16.  APPLICABLE LAW AND COURT OF JURISDICTION

1. These General Terms and Conditions are governed by and will be interpreted in accordance with Canadian law.
2. The resolution of any dispute or matter arising from, or connected with, these general terms and conditions, as well as the Appointment a as Data Processor and the standard contractual clauses, shall be referred to the exclusive jurisdiction of the Courts of Canada.

Disclosure on The Processing of Translator’s Personal Data

With this disclosure on the processing of personal data in accordance with Canadian Laws, “Translation Agency USA ” or “Company”, as Data Controller, provides you with the following information regarding the methods and purposes with and for which it will process your personal data in the context of the collaboration relationship of which you are a part.

The information is provided exclusively for this website (“Site“), therefore Translation Agency USA does not assume any responsibility regarding the other websites that may be consulted through hypertext links on the Site.

By using this Site, users accept this information and are therefore invited to view it before providing any kind of personal information.

1. Data Controller

Translation Agency USA is the data controller of the personal data collected through the platform (“Data Controller“).

For certain processing operations, Translation Agency USA avails itself of employees, agents or collaborators, who are assigned to carry out processing operations under the authority of the Data Controller, as well as partner companies or professional offices that provide assistance and consultancy on accounting, administrative, legal, tax and financial matters located throughout the European Union, which are duly appointed as data processors pursuant to art. 28 of the GDPR.

The updated list of the data processors, as well as the subjects who carry out processing operations under the authority of the Data Controller, is kept at the offices of the same Data Controller.

2. Categories of personal data

Translation Agency USA will process your personal data collected during the establishment of the collaboration relationship and data collected during said relationship. Translation Agency USA will acquire the following types of personal data:

1. personal data, such as name, surname, place and date of birth;
2. contact details, such as residential address, email address, telephone number;
3. Payment details (e.g. Wise, PayPal address, Upwork);
4. Data relating to your professional experiences as a translator, your education and your language skills;
5. Data relating to your reliability and professional performance, such as assessments on the quality of your performance, the daily volume of projects you can manage, the rates you apply to individual language combinations, the work tools you use, your real-time availability;

The provision of the personal data indicated is necessary to allow the establishment and continuation of the collaboration relationship.

The personal data indicated above will be processed by Translation Agency USA exclusively for the purposes and within the limits indicated in the following paragraph.

3. Purpose and legal basis of the processing for the management of the contractual relationship

Translation Agency USA will use the Data indicated in the previous sections in this document for purposes strictly connected to the activities related to the contractual relationship of which you are a part. The data will therefore be processed for the execution of the existing contract with the Data Controller.

2. For the assignment of projects

Translation Agency USA will analyse the Data indicated in the previous sections in this document, in order to create a profile relating to the quality of your performance and your professional reliability. The creation of this profile is essential for the execution of the contractual relationship of which you are a part, as it constitutes the mechanism through which Translation Agency USA , with the intervention of its management, will be able to commission the individual translation and/or notarization projects. The data will therefore be processed for the execution of the existing contract with the Data Controller.

5. Rights of data subjects

We inform you that, in accordance with current legislation, you have the following rights:

• to request and obtain information regarding the existence of your personal data at the Company and regarding the processing of data carried out by the Company and obtain access to such data;
• to request and obtain the modification and/or correction of your personal data if you believe that they are inaccurate or incomplete;
• to request and obtain the cancellation and/or limitation of the processing of your personal data, in the case of unnecessary data or information – or no longer necessary – for the aforementioned purposes, therefore once the retention period indicated in the preceding paragraph has expired.

Such requests can be sent to Translation Agency USA to the email address support@Translation Agency USA .com.

6. Cookies

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8. Modifications

Translation Agency USA reserves the right to modify or simply update the content of this Privacy Policy, in whole or in part. Translation Agency USA will inform you of these changes as they are introduced.