This agreement is entered into between you (Translator) and Blarlo Global Solutions S.L. with tax ID B87700845 and registered address Paseo de la Castellana 77, 28046, Madrid, hereinafter ("Company"), proprietary company and marketer of (“Blarlo”). You must accept the following terms before collaborating as a Translator with Blarlo. [* 1]
By accepting this agreement for collaboration as a translator on the Blarlo platform (Translator Agreement), you also accept the terms indicated in the Blarlo confidentiality agreement. The Blarlo Confidentiality Agreement regulates, inter alia, the prohibition of any copying or distribution of customer content. Translator undertakes to treat all customer translation texts as confidential; any use of customer information or any mention or discussion of customer content outside direct communications with the customer in the Blarlo comments system or with a member of Blarlo personnel is strictly prohibited. For example, Translator may not communicate the content of any job carried out or customer information with other translators, clients, family, friends or work colleagues (e.g. Twitter, Facebook, his blog). All workstations required for downloading content must have the necessary security measures to guarantee confidentiality. Translator must agree to erase all original content (“Customer Content”) within 30 days after completing the job. Customer content is the property of the customer; possession thereof more than 30 days after completing the job constitutes a violation of this Agreement.
Both parties declare that this service agreement complies with the criteria of good faith and professional loyalty set forth as general legal principles in the Spanish legislation. When Blarlo issues a job to Translator, it shall inform Translator of the characteristics of the job, language pair, word count, amount payable, estimated delivery time and any comments made by the customer. All this information shall be made available before Translator accepts the job. Upon accepting a job, Translator accepts all the terms and conditions applicable thereto and undertakes to complete the job under such conditions. Translator undertakes to inform Blarlo if it is unable to meet the established deadlines; all other conditions must be observed under all circumstances. Translator’s rating shall be directly influenced by his/her work performance.
Translator must efficiently satisfy the Blarlo quality standards. Blarlo conducts ongoing quality assessments; if Translator’s work does not meet our quality standards, we may remove one or more rating levels or terminate this Collaboration Agreement. To restore a rating, Translator must repeat the qualification process. Translator’s rating shall be directly influenced by the quality of his/her work.
A) Awareness of deadlines.
The assignment of a job to Translator also implies that Translator accepts the deadline for completing the translation job. Upon considering a job, Translator must ensure that he/she has the time, knowledge and skills to complete it before the stated deadline. A job must not be started if it cannot be completed by the stated deadline. If during the performance of a job special circumstances arise for which the job cannot be completed according to the established times and quality level, Translator undertakes to cancel it immediately.
B) Do not block work.
Translator may only be assigned a translation job if he/she intends to work on it immediately. Customers want translations to be carried out efficiently and in the shortest time possible. Accepting a job means that job is no longer available to other translators, with Translator assuming responsibility to begin the job immediately.
C) Problem solving.
If Translator detects a problem with any translation job, whether in relation to jobs available or jobs already assigned, he/she undertakes to be proactive and to report the issue immediately. Possible “problems” with a translation job include: * Incorrect language pair * Unsuitable content according to the Blarlo Quality Policy * Incorrect word count * Suspicious or special customer requests in the comments section
E) Do not add a translation under comments.
Translator must not under any circumstances publish a translation in the comments section of a job. Otherwise, the customer could obtain the translation from the comments section and then reject the job, in which case Translator will not receive payment for the completed job. If you have problems submitting your translation, please notify Blarlo immediately.
D) Respond to comments quickly and professionally.
Translator must read all customer comments and questions carefully and respond quickly, accurately and clearly. Translator must use a professional and educated language. Never use abusive language, be disrespectful or make excuses. Try to resolve conflicts in an amiable and efficient manner; in case of doubt, contact Blarlo support immediately.
A) Review of customer/worker disputes.
Blarlo shall review customer/translator disputes in a fair and reasonable manner. Any translations rejected shall be examined by Blarlo support staff and language leaders, taking into account: * Translation quality * Any comments and/or instructions given by the customer to Translator for carrying out the job and whether such instructions were reasonable. If so, whether Translator took the necessary care to respond to and incorporate such comments. * Customer comments and reason for rejection.
B) Respond quickly to support submissions.
At Blarlo we aim to respond to urgent job/error submissions relating to the platform as soon as possible, generally within a few hours. These urgent messages or events are prioritised over general enquiries regarding Blarlo services. System errors and problems can occur occasionally. However, we will do everything possible to resolve such problems efficiently and in the shortest possible time to avoid causing inconvenience to the customer and to facilitate Translator activity.
C) Remind customers of their responsibilities and restrictions.
Blarlo will do everything possible to notify customers that if they should repeatedly waste Translator’s time, reject translations unnecessarily or make unreasonable requests, they may be removed from the Blarlo platform.
Translator accepts that all completed translation jobs shall be paid via PayPal in Euros. Payments shall not be made via wire transfer or other forms of payment. Payments shall be processed upon notification and issue of an invoice by Translator. Translator declares that he/she has an active PayPal account for receiving payments from Blarlo. A Translator can request a payment whenever he/she wants. At the moment of the request, Blarlo will transfer to the Translator the amount of his/her balance at this moment corresponding to translations completed ended, approved by the customer and those which has passed 5 days after the approval date. Blarlo is not responsible for any payment delays due to interruptions with the PayPal services.
Translator and Blarlo undertake to comply with all the applicable tax and social security obligations. Payments are made by our Spanish parent company Blarlo Global Solutions S.L.. Currently, under the existing tax laws in Spain, Blarlo will request that Translator provide a tax residency certificate, which Translator is obligated to provide. Where such documentation is not provided, according to the legal guidelines, Blarlo shall apply the legal withholding rate applicable at that time. Furthermore, Blarlo may request additional information from Translator if required to do so under Spanish legislation. Any information collected shall be used solely for satisfying the Blarlo requirements under Spanish law and shall not be used for any other purpose.
Translator accepts that all rights, title and interests in any matter of copyright, including but not limited to, all written texts we receive from translator (e.g. localisation of Blarlo.com, translations for email notifications and online orders), exclusively or in collaboration with others and which may arise from or in connection to the performance of services for Blarlo, are the exclusive property of Blarlo.
Both parties declare, for all applicable purposes, that this agreement pertains to the provision of services and expressly excludes any working relationship between them.
Translator shall provide translation services as an independent collaborator under the service providermodel for the Company. None of the provisions of this Agreement shall be interpreted as though it assigns to Translator any rights whatsoever as an employee or representative of the Company. Furthermore, Translator is not qualified to assign to the company any responsibility or obligation and declares that it holds no such authority. Translator undertakes to avail of all tools and materials necessary to carry out his/her duties as a translator and assumes all costs associated with such duties. Translator acknowledges and accepts that he/she is obligated to declare all payments received by virtue of this Agreement as income. Translator accepts and acknowledges the obligation to pay for all work he/she carries out and other taxes on such income.
If Translator should intend to bring an employment action against Blarlo for any reason, both parties declare that 30 per cent of the remuneration established in this contract is established specifically for entering into a civil and non-labour contract, for which reason, should any such employment action be brought against Blarlo, the company shall be entitled to reclaim from Translator 30 per cent of all remuneration he/she has received from Blarlo.
Translator undertakes to indemnify and hold harmless Blarlo and its affiliates, directors and employees from and against all taxes, loss, damages, responsibilities, costs and expenses, including lawyer fees and other legal costs, which may arise directly or indirectly from or in relation to (i) your negligence or imprudent or intentionally illicit acts, (ii) the ruling of a court or agency that you are not an independent contractor, (iii) non-fulfilment of any of the clauses of this Agreement and the corresponding Blarlo Translator NDA, (iv) non-fulfilment of the duties of translator in accordance with all laws, rules and regulations, or (v) any violation or alleged violation of third party rights resulting entirely or in part from the use of Blarlo or any of your submissions by virtue of this Agreement.
Access to the application will be subject in any case to the previous registration of the user by completing the corresponding form ("Registration Form"), which will be provided to the user beforehand. Blarlo reserves the right to accept or freely reject the user’s registration request. The data entered by the user in the Registration Form must be accurate, up-to-date and truthful. The user will be responsible at all times for the custody of their password, assuming, consequently, any damages that may derive from its misuse, as well as transfer, disclosure or loss thereof. In case a user forgets their password or any other circumstance arises that implies a risk of access and/or use by unauthorized third parties, the user will immediately notify blarlo in order to immediately proceed with the blocking and replacement thereof. In any case, any operations carried out prior to such communication shall be deemed carried out by the user, who will be liable for and pay the expenses and/or damages arising from any unauthorized access and/or use made prior to such communication.
The personal data that the user provides through blarlo’s website and/or Registration Form will be entered into a personal data file under blarlo’s responsibility.
The user acknowledges and accepts that all intellectual and industrial property rights over the contents and/or any other elements inserted in the application and/or website (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, audio and video) belong to blarlo. Blarlo authorizes the user to use, view, print, download and store the contents and/or elements inserted in the application and/or website exclusively for personal, private and non-profit use, abstaining from performing any act of decompiling, reverse engineering, modification, disclosure or supply on the same. Any other use or exploitation of any content and/or other elements inserted in the application and/or website other than those expressly provided herein shall be subject to the prior authorization of blarlo.
Translator's relationship with Blarlo begins on the date on which Translator accepts and agrees with this Agreement, and shall continue until withdrawal or termination thereof by Blarlo. The following are grounds for immediate termination: * Non-fulfilment of this Agreement by Translator * Violation by Translator of the Blarlo Confidentiality Agreement * Cheating, attempted deception, or helping others to cheat on Blarlo Translator level assessment tests * Non-fulfilment of instructions given to Translator by a member of Blarlo personnel or a senior translator * Failure to use professional and courteous communication towards our customers, other translators or Blarlo personnel * Negligent behaviour which causes an interruption of our service or system.
This Agreement is governed by its own clauses; any aspects not included herein shall be governed by the provisions of the existing code of commerce and other Spanish trade and civil legislation. In the event of a dispute between the parties arising from this Contract, both parties expressly waive their own jurisdiction and agree to be subject to the jurisdiction of the courts of Madrid, Spain.
[* 1] This Agreement is updated periodically; unless otherwise reported to Blarlo by Translator, acceptance of this Agreement implies your acceptance to be bound by any future changes to or versions of this Agreement.