3. Binding Agreement
6. Registration, password and security
7. Third-Party Content
8. Your Responsibility and Liability
9. Our Responsibility and Liability
11. Data Protection
14. Dispute Resolution
Welcome to Avaza.co, The Avaza Language Services Corporation’s website (the “Site”)! These Site Terms and Conditions (“Site Terms”) impose conditions on your access to this site, and any use you make of it, so please read them carefully. They do not alter in any way their terms of conditions of any other agreement you may have with The Avaza Language Services Corporation (“Avaza”) or its affiliates for other services.
“Avaza”, “the Company”, “We”, or “us” means the Avaza Language Services Corporation.
“User”, “You” and “Your” means each person who uses Avaza Web site including, but not limited to “Member”, “Client”, Subsidiaries, Affiliates, Employees, Parent and Legal Guardian.
“Member” means employee who establishes or accesses a connection
“Client” means visitor who establishes or accesses a connection
“Services” means interpret/translation services performed by Avaza.
“Contract” means the contract between the Client and Avaza, and consisting of the purchase order from the client and these Site Terms.
3. Binding Agreement
Use of this Site is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Site. Please note that by accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
Avaza shall have the right at any time to update the Site Terms applicable to Avaza Web site, or any part thereof, or to impose new conditions, including, but not limited to content, hours of availability, adding fees and charges for use without any notice. Such changes, modifications, additions or deletions shall be effective immediately upon update. By using this website, you acknowledge and agree to these limitations as set of forth.
User expressly agrees that your use of this site is at your sole risk. The Site, materials, content, related communications and software made available on the Site are provided “as is” without any representations or warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Avaza does not warrant the accuracy or completeness of the materials or content displayed or distributed on this Site, including but not limited to the reliability of any advice, statement, advertisement or other information displayed or distributed through the Site. User acknowledges by the use of this Site that any reliance on any such materials, content, advice, statement, advertisement or information shall be at your sole risk.
Avaza disclaims any warranties for the security or reliability of the materials. Avaza do not assume any responsibility, and shall not be liable for any damage to, or viruses or other harmful components that may infect your computer equipment or other property on account of your access to, use, or browsing of the Site (including any bulletin board or chat room) or your downloading of any materials from the Site.
The materials included in the Site may contain inaccuracies and typographical errors. Avaza reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Avaza may make any other changes to the Site, the materials and the products, programs, services or prices (if any) described in the Site at any time without notice.
By using our Site, you represent that you are at least 15 years old. Persons who are at least 15 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site. Avaza suggests that you take advantage of any access controls offered through the Site or third-party sites, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.
6. Registration, Password and Security
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Avaza may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Avaza of any unauthorized use of your password or account identification. Without limiting any rights which Avaza may otherwise have, Avaza reserves the right to take any and all action, as it deems necessary or reasonable, to ensures the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.
Notwithstanding the above, Avaza may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Avaza be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Avaza under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that Avaza makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
7. Third-Party Content
Any information, statements, opinions, offers, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not the Company. Such information and the like may be updated from time to time directly by the respective author(s). The disclaimer set forth above applies regardless of the updating party.
Neither Avaza nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
You are prohibited from reproducing or “framing” pages or content provided by Avaza or its affiliates. You may link to internal pages within this Site, provided that you do not copy or frame the content found there.
8. Your Responsibility and Liability
Avaza does not want you to, and you should not, send any confidential or proprietary information to Avaza through this Site unless specifically requested by the Company. Please note that any unsolicited information or material sent to Avaza will be deemed not to be confidential or proprietary. By submitting information and material to this Site, you grant to the Company (or warrant that the owner of such information and material has expressly granted to the Company) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Avaza is free to use any ideas, concepts, know-how or techniques that you send to either of them for any purpose.
Avaza does not want to receive, and you are deemed to agree through the use of this Site not to provide, any information or materials to the Company that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. If you provide any such information, it is agreed that you are solely responsible and liable for any damages or other harm resulting from such submission.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the software, materials, products or services contained in the Site, or with any of these terms and conditions, your sole and exclusive remedy is to request the removal of your content from the Site and/or to discontinue accessing and using the Site. Under no circumstances will the Company or its suppliers or other third parties mentioned on, or involved in creating, producing, or delivering this Site be liable to you or any third party for any direct, incidental or consequential damages (including, without limitation, indirect, special, punitive or exemplary damages for loss of business, loss of profits, business interruption or loss of business information or data) arising out of your access to, use of, inability to use or the results of use of this Site or the materials, any websites linked to this Site, or any materials contained at any or all such Sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other websites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not the company was advised of the possibility of such damages.
You must notify us within 60 days of delivery of the Avaza of any claim arising out of the provision of the Services and/or Avaza, together with full details of any claim. In any event, we shall not be liable to you if you fail to notify us of nay claim within a reasonable time of delivery of Avaza.
User shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other online information services competitive with the Site.
User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the Company’s express prior approval, contains advertising or any solicitation with respect to products or services.
9. Our Responsibility and Liability
The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry. We shall use all reasonable skill and care in selecting translators, interpreters and other personnel used to produce the best service.
Avaza Web site is provided on an “As is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws are applicable to this agreement.
No terms, conditions or warranties, whether express or implied, about the quality or fitness for purpose of the Services shall be incorporated unless expressly set out in the Contract.
Avaza shall not have any liability or responsibility for any acts, omissions or conduct of any user or other third party.
The obligations and responsibilities of the Company regarding its respective products and services, if any, are governed solely by the terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available directly from Avaza.
We shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of us prior to the Contract, whether orally or in writing, and you shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.
Our responsibility and Liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action, subscriber specifically acknowledges that Avaza is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will Avaza or any person or entity involved in creating, producing or distributing Avaza Web site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Avaza Web site. User hereby acknowledges that the provisions of this section shall apply to all content on Avaza Web site.
In addition to the terms set forth above neither, Avaza nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or un-timeliness or unauthenticated of, the information contained within Avaza Web site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby.
Avaza, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, Avaza, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information.
Avaza shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever.
In order for Avaza to provide the Service neither party may use any of the other party’s confidential information.
Either party may disclose the confidential information of the other:
When required to do so by law or any regulatory authority, provided that party required disclosing the confidential information, where practicable and legitimate to do so.
Promptly notifies the owner of any such requirement; and
Co-operates with the owner regarding the manner, scope or timing of such disclosure or any action the owner may take to challenge the validity of such requirement.
To its (or any of its associated company’s) personnel, sub-contractor’s personnel or any person whose duties reasonably require such disclosure, on condition that the party making such disclosure ensures that each such person to whom such disclosure is make:
Is informed of the obligations of confidentiality under these Site Terms; and
Complies with those obligations as if they were bound by them.
The obligation of confidentiality contained within this clause 10 shall survive termination of the Contract howsoever caused.
11. Data Protection
Each party shall ensure that in the performance of its obligations under these terms and conditions it will at all time comply with relevant provisions of the data protection act 1998.
Avaza respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide the Copyright Agent (at “Contact Us” page) with the following information:
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Site that is requested to be removed;
Your name, address and daytime telephone number, and an e-mail address if available, so that Avaza may contact you if necessary;
A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
If Avaza is notified of any claims of copyright infringement on the Site, it may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the work or material. The Company has no liability or responsibility to users for performance or nonperformance of such activities.
User shall not upload, post or otherwise make available on this Site any information and material protected by copyright, trademark, or other proprietary right without the express written permission of the owner of such right(s).
User shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
All Web Site design, text, graphics and the selection and arrangement thereof, are the property of Avaza.
Avaza shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and blogs, to determine compliance with this Agreement and any operating rules established by Avaza and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, Avaza shall have the right to remove any material that the Company in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
14. Dispute Resolution
If any dispute arises between the parties with respect to translation, interpretation or other similar services provided by Avaza, then such dispute shall, at the request of either party, be referred to a person agreed between the parties or (in default of agreement within 7 days of notice from either party) to a person chosen on the application of either party by the CEO for the time being of the interpreting and translating.
Such a person shall be appointed to act as an expert and not as an arbitrator, and the decision of that person shall be final and binding.
The cost of such an expert shall be borne equally by the parties, unless such expert otherwise directs.
Avaza, Avaza Web site and each of our logos are trademarks of Avaza Language Services Corporation. All rights reserved. All other trademarks appearing on Avaza Web site are the property of our respective owners.
Unless otherwise agreed by Avaza, user shall not, for a period of one year after termination of the agreement, either directly or indirectly, on its account or for any other person, firm or company solicit, employ, endeavor to entice away from Avaza or use the services of Avaza’s Staff or any of its freelance linguists. In the event of any breach under this clause, the user shall pay to Avaza an amount equal to the aggregate remuneration paid by Avaza to that member of Staff for the year immediately prior to the date on which the user employed or used the services of that member of Staff. In the case of a freelance linguist the amount will be equal to the equivalent of a full year full time salary. This clause shall not apply where the customer has an existing relationship before contact start-date.
If you subsequently cancel, reduce in scope or frustrate (by an act or omission on your part, or any third party relied upon by you) the Contract, the full price for the Contract shall remain payable unless otherwise agreed in advance.
We shall be entitled to terminate the Contract immediately by written notice to you if:
User commits a material breach of the Contract and, in the case of such a breach which is capable of remedy, you fail to remedy the same within 30 days of receipt of a written notice specifying the breach and requiring it to be remedied,
User make any voluntary arrangement with their creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administrative order or go into liquidation, or an encumbrance takes possession or a receiver is appointed over any of user’s property or assets, or the user cease or threaten to cease business, or an equivalent or analogous event occurs in any other jurisdiction.
Any termination of the Contract shall not prejudice any rights or remedies which may have accrued to either party.
Avaza reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever
User a agrees to defend, indemnify and hold harmless Avaza, its affiliates and the respective directors, officers, employees and agents from and against all claims and expense, including attorney’s fees, arising out of the use of the Site by user or user’s account.
Neither party shall be liable to the other for any delay in, or failure of, performance of its obligations under the Contract arising from any cause beyond its reasonable control including act of God, government act, war, fire, flood, explosion or civil commotion.
We may engage any person, firm or company as out sub-contractor to perform any or all of our obligations, and we may assign any or all of our rights and obligations under the Contract.
Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post, facsimile transmission or e-mail. Any notice or document shall be seemed served: if delivered, at the time of delivery; if posted, 7 days after posting, and if sent by facsimile transmission or e-mail, at the time of transmission.
No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Site Terms is or becomes invalid or unenforceable it will be served from the rest of the Site Terms so that it is ineffective to the extent that it is invalid or unenforceable and no other provisions of the Site Terms shall be rendered invalid, unenforceable or be otherwise effected.
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Web Site Copyright Agent
Avaza Language Services Corporation
5209Linbar Dr., Suite 603
Nashville, TN 37211
Updated: January 26, 2012
© 2000-2012 Avaza Language Services Corporation. All rights reserved. A single copy of these materials may be reprinted for noncommercial personal use only. “Avaza”, “CAMI”, “Certified Avaza Medical Interpreter”, “Voices in any languages”, “Avaza.co”, and the Avaza logo are trademarks of Avaza Language Services Corporation