תנאי השימוש

תנאי שימוש והגבלות משפטיות

תנאי שימוש

By using our Service, you agree to these terms. Please read them carefully.

DEFINITIONS

“You” means you as an individual, or if applicable, the company or other legal entity you represent.

“Users” means visitors to this App or the Service who are not registered users.

“Customers” means visitors who are also registered users of the Service.

“Translators” means third parties who engage with Hever Translations App and Customers to provide content translation services as contractors of Hever Translations App (not employees).

“Service” means all the Hever Translations App, services, apps, and related technology, and the translation services provided in connection with the foregoing.

“Orders” means any order for Services created by a Customer, and accepted by Hever Translations App via acknowledgement in the Platform or otherwise in writing.

“Client Materials” means the source content for translation by the Service, and any guidelines, glossary and other materials provided by Customer.

“Translated Works” means the content translated from the Client Materials.

“Platform” means Hever Translations App’s online portal and platform where you can access your Hever Translations App Account, initiate Orders and access the Service.

“TOS” means these Hever Translations App Terms of Service and any policies, guidelines, or other documents referenced herein.

USING OUR SERVICES

If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to this TOS, in which case “You” or “Your” means that entity. If You do not have this authority, or if You do not agree with the terms and conditions of this TOS, You may not use the Service or any Service related materials. You represent that you are 18 years of age or over, or of the age of majority in your place of residence or jurisdiction.

You agree to:

  • Be responsible for the activity that happens in connection with your Hever Translations App account
  • Comply with any policies made available to you by Hever Translations App
  • Not abuse or conduct illegal activity using our Service
  • Not contact Translators outside of the Platform that Hever Translations App provides for communication
  • Not defame or harass Hever Translations App, or its employees, contractors, or Translators

Hever Translations App may suspend or terminate your access to the Service or an Order if you do not comply with this TOS or if we suspect misconduct, fraudulent activities or payment, or a violation of this TOS, with or without notice.

Hever Translations App may modify or suspend the Platform or Service, at any time for any reason.

ORDERS, APPROVAL

Account and Credits. Before initiating an Order, You must first register as a Customer and create a Hever Translations App account. You agree to keep all account information updated and accurate at all times. You may not create multiple user accounts for any reason. Any personal information you provide will be subject to the Hever Translations App Privacy Policy.

Payment Hever Translations App will apply gross-up calculation to the payment. This means that the payment to Hever Translations App must be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If you are compelled to make any such deduction, you will pay Hever Translations App any additional amounts as are necessary to ensure receipt by Hever Translations App of the full amount it would have received but for the deduction.

Order. You can initiate an Order by providing all the required information via the Platform, including the Quality Level for your translation as described in the Hever Translations App Quality Policy.
If ISO17100 or EN15308 translation quality is needed, please check the "premium" mark quality. It includes translation & editing by two professionals.

Client Materials. Customer is responsible for providing the Client Materials to be translated, materials describing the context of the translation, and all other necessary materials (glossary guide, etc.) when placing the Order. Hever Translations App may make recommendations on source materials and in what format to provide source materials, but ultimately the quality of the results will depend on the clarity, accuracy, and comprehensiveness of the Customer’s source materials and instructions provided.

Cancellations. You may cancel an order within 2 hours of the time of submission, by e-mailing Hever Translations App customer service at [email protected] with the order number. We will confirm cancellation by e-mail. Cancellations will not be accepted more than 2 hours from the time the order was placed.

במידה ומדובר בהזמנה דחופה, זמן ביטול הוא חצי שעה.

Refunds. We will give you a full refund in case of cancelation within 2 hours after Submission of translated works.

In any other case, in general, there are no refunds. Every complaint and request for a refund will be examined on a case by case basis.

Translated Works. Hever Translations App cannot guarantee that a particular Translator or that any Translator will engage on your Order. If the Order is engaged by a Translator, Hever Translations App will return the Translated Works to Client according to the quality level specified in the Order. Hever Translations App gives an estimated time for Service completion, but cannot guarantee an exact delivery time. We will email you when the Translated Works are ready for your review.

An extensive work may be divided between several translators, in order to meet the timetable. However, such division may affect the uniformity of the translation.

Approval or Rejection. Upon Hever Translations App’s notification of delivery of the Translated Works, Customer will have 72 hours to review the Translated Works. If Customer does not respond within the 72 hour review period, the Translated Works will be deemed “Approved”. We will typically get back to you within one business day.

Due to the nature of language translation, errors in translations will inevitably occur. But if Hever Translations determines that the Translated Works that you have rejected did not meet the quality level specified in the Order, then Hever Translations will correct and resubmit the Translated Works within a reasonable time frame. Hever Translations App’s liability will be limited to correcting such errors.

Disclaimer. You agree to review any Translated Works before making such content public, and you expressly agree that Hever Translations App will not have any liability or indemnity obligations to you based on the Translated Works if you fail to do so.

TRANSLATORS; CONTRACTORS.

Hever Translations App may use and retain third party contractors (such as Translators) to provide the Service to you. As such, you agree that Hever Translations App may sublicense its rights under this TOS to third parties to act on Hever Translations App’s behalf, provided that such third parties are contractually bound by terms no less protective of Customer than this TOS. Hever Translations App is solely responsible for paying and resolving all disputes with third party contractors and Translators.

CLIENT MATERIALS DISCLOSURE

We disclose the Client Materials to potential Translators and contractors, for the sole purpose of allowing him/her to preview the content in order to decide whether to engage the Order. You are solely responsible for editing or removing any confidential or personally identifiable information from the Client Materials if you do not wish to disclose that information.

INTELLECTUAL PROPERTY

All intellectual property rights in the Translated Works will be assigned to Customer upon Customer’s Approval of the Translated Works and Your compliance with this TOS.

The trademarks, names, logos and service marks (collectively “Trademarks”) such as “Hever Translations App”, “Hever Translations”, and are trademarks of Hever Translations. Nothing contained in this TOS shall be construed as granting any license or right to use any Trademark without Hever Translations App’s prior written permission. The content on the Service is protected by intellectual property laws and may not be copied, distributed, modified, published, or transmitted in any manner.

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

If you opt in to allow Hever Translations App to use your Translated Works as “public examples,” you grant Hever Translations App a worldwide, perpetual, royalty-free, irrevocable, license to publish and display your Client Materials and related Translated Works in connection with operating, promoting, and improving our Services. This license continues even if you stop using our Services.

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

In order to provide you and our other customers the best possible translation and language services, we (and those we work with) may use your Translated Works, as aggregated with other customer works, to generally improve the Services (for example, fine tune our turn around time estimates, or improve machine translation and machine learning systems). If we do this, we never disclose your identity or confidential information, nor make your Translated Works publicly available.

WARRANTIES AND DISCLAIMERS

Customer represents and warrants that it has all necessary right, title, and interest in the Client Materials, and that the Client Materials will not and do not infringe or violate any third party’s rights, do not violate any law, and do not contain any offensive or unacceptable content.

The Service and Translated Works are provided “as is”. Other than as expressly set out in these terms or additional terms, neither Hever Translations App nor its translators, contractors, or suppliers make any specific promises about the services.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. to the extent permitted by law, we exclude all warranties.

INDEMNITY

Customer will indemnify and hold harmless Hever Translations App, 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 attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (1) Customer’s breach of any of its representations, warranties or obligations under this TOS; (2) 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.

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 Hever Translations App’s liability hereunder exceed the amount paid by the customer to Hever Translations App during the 12 month period before the event giving rise to liability.

GENERAL

This Agreement is governed solely by the laws of the State of ISRAEL. Any claims or disputes shall be resolved exclusively in the courts located in Tel-Aviv, ISRAEL.

Hever Translations App may modify this TOS at any time. You should review the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently expelled.

If there is a conflict between the terms of this TOS and an Order, the Order will prevail for that conflict.

These TOS control the relationship between Hever Translations App and You. They do not create any third party beneficiary rights.

If you do not comply with this TOS, and we fail to take action immediately, this does not mean that we are waiving any rights that we may have (such as taking action in the future).

If it emerges that a particular term is not enforceable, this will not affect any other terms.

The Hever Translations App services and technology are provided by Hever Translations Ltd (“Hever Translations App” or “we”).

Last modified on 9.5.2018

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