Conditions de service pour clients

Last update: 2022-08-10

Terms of Service of the blarlo Website and Translation Service.

The Owner of the website www.blarlo.com is Blarlo Global Solutions S.L. (“Blarlo”) with CIF - B87700845 with registered address at Calle O´Donnell 10- 1º dcha, 28009, Madrid hereinafter (the “Company”). E-mail: hola@blarlo.com These Terms of Service apply to all services provided by blarlo to its Customers (the “Customer”) regardless of the channel or method of entering into the contract, and specifically the services provided through www.blarlo.com (respectively the “Service”, the “Site”, and the “Terms of Service”) and make up, together with the Services chosen during the order procedure, the order between Blarlo Global Solutions S.L. and the Client (the “Order”).


1. DEFINITIONS

“Users” means visitors to this website or the service that are not registered users. Individual “Customers”, or if applicable, the company or other legal entity they represent that request services from blarlo regardless of the channel used. In the specific case of the web services, it also refers to registered visitors. “Translators” means third parties that collaborate with blarlo and the Customer to provide content translation services to blarlo (never as employees). “Service” means all the websites of www.blarlo.com, services, applications and related technology, and translation services, post-editing services, content services, transcreation, voice-over services, transcription services, scheduling services, and, in general, all services provided by blarlo to the Customer. “Orders” means all orders for services issued by a Customer and accepted by blarlo by means of an acknowledgement of receipt on the platform or by email. “Customer Materials” means the original content for translation by the Service and any guidelines, glossaries, and other materials provided by the Customer. “Finished work” means the content resulting from the services performed by blarlo from the Customer materials. Quality Standards” are as defined and described in blarlo's Quality Policy (professional or sworn), “Platform” means blarlo's online web portal and the platform where visitors can access their accounts with blarlo, place Orders, and access the Service.


2. AUTHORISED USERS

Access to this web page is strictly prohibited for minors under 18 years and persons that are not legal adults in their place of residence or jurisdiction. When you use and access this Website you will be considered a User, and you therefore accept, completely and without reserve, from that moment, the Terms of Service, as well as any Special Terms that may complement, modify, or replace the Terms of Service in relation of specified services and content offered by blarlo. The User that agrees to these Terms of Service and declare and vouch that they have sufficient capacity to enter into and be bound by this agreement on behalf of the Customer.


3. COMPLIANCE WITH THE GENERAL CONDITIONS.

The Customer will place orders and use blarlo Services in full compliance with these Terms of Service.


4. THE CUSTOMER’S RESPONSIBILITIES.

The Customer acknowledges and agrees, voluntarily and expressly, that all orders for, use, and purchasing of Services are at their sole and exclusive responsibility at all times.

Availability, security, and business continuity. The Customer is entirely responsible for ensuring that its computer systems are duly equipped and connected to blarlo's systems to be able to use blarlo’s Services when required. Blarlo is not responsible for the equipment or connections. Specifically, the customer undertakes to have the necessary security systems, virus detection, and necessary procedures to avoid unauthorised access, undue use, or tampering with the Service, as well as the protective procedures for the data and recovery in the event of disasters. The Customer will not obtain or attempt to obtain any information available in connection with the Service by means or procedures other than those provided or indicated for the purpose.

No non-compliance with the law, no violation of third party rights, no system interruptions. The Customer agrees not to act in a manner that (i) breaches the law or encourages any conduct that could constitute or give rise to any other liabilities or violations of applicable law, (ii) may offend or damage the image, interests, or rights of blarlo or third parties, or (iii) could damage, disable or overload the Site or the Service, interfere with, disrupt, or interrupt the operation of the Site or the Service or the computer networks of blarlo or any third party, or (iii) may damage, disable or overload the Site or the Service, interfere with, disrupt, or interrupt the operation of the Site or the Service or the computer networks of blarlo or third parties, or could otherwise hinder the normal use of and authorised access to the Site or the Service. Usernames and passwords. The Customer acknowledges that usernames and passwords assigned to access and use the Service are confidential, may not be shared, and are for the exclusive use of the Customer. The Customer acknowledges that blarlo accepts no liability for the consequences of any misuse made by the Customer of such usernames and passwords.

Limited use. The Customer will not use blarlo Services to develop, support, create, or offer prices for products or services that compete directly with blarlo services, with any other blarlo product or service offered in the market, or that could create a functional substitute for any Blarlo products or services. The Customer acknowledges that any use, dissemination, or distribution by the Customer of services identical or similar to those provided through the Service is a breach of these Terms of Service. The use of the Service is limited to personal, exclusive, non-monetary, individual (as opposed to collective), and non-transferable use by the Customer and is limited to their professional purposes. The Customer undertakes to not contact the Translators without the express consent of blarlo.


5. ORDERS AND APPROVAL

Account. The User must register as a Customer and create an account with blarlo before work to start and to be able to place an Order. The Customer undertakes to keep all the account information current and accurate at all times. The Customer is not permitted to create multiple Customer accounts for different jobs. All personal information provided is subject to the blarlo Privacy Policy.
Payment. Unless otherwise agreed by the Customer and blarlo during the creation of the Order, the Customer must proceed to pay for the Order. Blarlo will not start processing the Order until it receives confirmation that the Customer has made the payment. The payment is not reimbursable. Payments to blarlo must be made with immediately available funds, without deductions or offsetting, and free from all taxes, levies, import charges, duty, fees, charges, fee and withholding of any nature imposed now or subsequently by any governmental, tax or other authority. If the Customer is subject to taxes or other charges, the Customer must pay the additional amounts due to blarlo to ensure that blarlo is paid in full.
Order. Once the Customer is identified or registered, work on the order or request for an estimate may begin, providing all the information required to perform the Service, including Customer Materials, among others, and all data required for the correct delivery of the Service.
Customer Materials. The Customer is responsible for providing the Customer Materials to translate, materials that describe the context of the translation, and all the other materials (glossary, guide, etc.) required to carry out the order. Blarlo may make recommendations on the basic materials and the format in which basic materials should be provided. The quality of the results depends on the clarity, precision, and comprehensiveness of the basic materials provided by the Customer and the instructions provided.
Cancellations. The Customer may cancel the Order if the project has not yet been assigned. To cancel a request, please contact customer services at hola@blarlo.com to see if the Order can be cancelled. If the Request has been assigned to a Translator, the Request cannot be cancelled the Order cost will not be reimbursed.
Completed work. Blarlo does not guarantee that a specific collaborator can participate in the Customer’s Order. Blarlo will deliver the completed work obtained from the service provided to the Customer according to the level of quality considered in the Request. Blarlo will estimate the delivery period for the service, but cannot guarantee the exact delivery time. Blarlo will inform you by e-mail when the completed work is ready for your review.
Approval or rejection. After delivery of the completed work resulting from the blarlo services through whatever channel, the Customer has 15 days to review the work resulting from the services provided by blarlo. If the Customer does not report back within the 15-day review period, the delivered work will be considered correct and accepted by the Customer. Alternatively, the Customer may reject the work received within 15-day review period if it reasonably considers that the work does not comply with the specified quality standards. Due to the nature of services that involve different languages, translation errors will inevitably occur. If blarlo considers that the work rejected by the Customer does not meet the quality standards specified in the Order, blarlo will correct any errors and redeliver it within a reasonable period. Blarlo’s responsibility is limited to correcting any errors.
Responsibility. The Customer undertakes to review all work obtained through the services provided by blarlo prior to publication. The Customer expressly agrees that blarlo accepts no liability and will not compensate the Customer regarding work obtained from the services provided by blarlo


6. TRANSLATORS AND CONTRACTORS.

Blarlo uses third-party subcontractors (translators) to provide the services to the Customer. As such, the Customer agrees that blarlo may sub-licence its rights under this Agreement to third-parties to act in the name of Blarlo, provided such third parties are contractually bound by stricter protective conditions than those specified in this Agreement to guarantee the Customer's rights. Blarlo is entirely responsible for paying and settling all disputes with its subcontractors and Translators.


7. DISCLOSURE OF CUSTOMER MATERIALS

We disclose the Customer Materials to potential Translators and Contractors for the sole purpose of allowing them to preview the content to decide whether to accept the Order. The Customer is entirely responsible for redacting any information in the Customer Materials that it wishes to keep confidential.


8. INTELLECTUAL PROPERTY

All intellectual property rights over the work vest in the Customer when it approves the Finished work and acknowledges compliance with this Agreement. The commercial brands, names, logotypes, and service brands (collectively “Brands”) such as “blarlo” are commercial brands of blarlo Nothing in this Agreement will be interpreted as granting a licence or right to use any registered brand without the prior written permission of blarlo. The contents of the Service are protected intellectual property law and may not be copied, distributed, modified, published, or transmitted in any manner. Third-party and commercial brands that appear in the Service are the property of the respective owners and may not be reproduced without the express written agreement of the owner. When Blarlo obtains permission to use work carried out as "public examples", the Customer grants blarlo a worldwide, perpetual, royalty-free, irrevocable licence to publish and display the Customer Materials and related works carried out in connection with the operation, promotion, and improvement of our services. This licence will continue to be valid even if you cease using our Services. If the Customer sends comments or suggestions regarding our services, we may use your comments or suggestions without any obligation to you. To be able to provide the Customer with the best possible translation and language Services, Blarlo (and our partners and collaborators) may use Tools and add their Materials to other work undertaken for the Customer, to enhance the overall Service (e.g., improve translations, improve time estimates, or improve machine learning translation systems). If we do this, we will never reveal your identity or confidential information, nor make the work carried out available to the public.


9. REGARDING APIs AND SOFTWARE IN OUR WEB SERVICE

The blarlo Service can include APIs or software (“Blarlo Materials”) to facilitate use of the Service and that are considered part of the Service. If the Customer chooses to use these Blarlo Materials, Blarlo grants it a worldwide, royalty-free, no-assignable, and non-exclusive licence to use the Blarlo Materials with the sole purpose of allowing the Customer to use and benefit from the Services as provided by blarlo and as permitted under these terms. The Customer may not copy, modify, distribute sell or lease any part of our Service or blarlo Materials, nor perform any reverse engineering or attempt to extract the source code of the Service or blarlo Materials. Blarlo does not guarantee the availability and performance of blarlo Materials. Your access or use may be limited or suspended at any time.


10. COMPENSATION

The Customer shall indemnify and hold blarlo, its affiliates, current and former directors, officers and employees harmless from and against any and all claims, taxes, losses, damages, liabilities, judgements, settlements, transactions, costs and expenses, including legal fees and other legal expenses, incurred directly or indirectly in connection with: (1) breach by the Customer of any of its statements, warranties, or obligations under this Agreement; (2) negligent, reckless, or wrongful acts by the Customer or its assistants, employees, contractors, or agents; (3) breach by the Customer of its obligations and rights under all laws, rules, and regulations.


11. GUARANTEES AND LIMITATION OF RESPONSIBILITY.

The Customer declares and guarantees that it holds all the necessary rights, titles, and interests in the Customer Materials, and that these do not breach third-party rights, the law and that they do not contain any offensive or unacceptable content. Blarlo Services are provided on an "as is" and "as available" basis. Therefore, blarlo does not offer any guarantees of the result (either explicit or implicit) for marketability, fitness for purpose of the Service or the Application for a specific purpose, absence of defects (or of a solution for them), interruptions or virus, or of unassailable security. Compensation for damage incurred by the Customer and attributable to Blarlo is subject to the following limitations; it is strictly limited to the amount charged by blarlo to the Customer for the Service that caused the damage; it does not include any of the following damages, whether (un)foreseen, (un)foreseeable or (un)known arising from the use of the Service: (1) loss of profits and indirect damages; (2) loss of goodwill or reputational damages; (3) third-party claims for infringement of intellectual property rights; (4) damages suffered by third parties; and (5) loss of data. The Customer must report the damage to blarlo in writing within two (2) months of the date on which it occurred and no later than two (2) months after termination of the Agreement for any cause. Some jurisdictions provide for certain Warranties, such as the warranty of merchantability, fitness for a specific purpose. To the degree permitted by Law, all guarantees are excluded


12. TRACKING TECHNOLOGIES

Blarlo uses cookies for its web services (that is, small files that the Site sends to the Customer's hard disk that stores information on how the customer has used the service): Cookies that store the Customer’s activity last for 5 years. Their purpose is to carry out statistical studies and to improve the quality of the Service. To disable them, the Customer must send a request to Blarlo at hola@blarlo.com change their browser settings. Disabling them may affect the Service provided.


13. GENERAL

This Agreement is governed by its own stipulations and for matters not addressed herein by the current Code of Commerce and other Spanish commercial and civil law. In case of a dispute between the parties arising from this Agreement, both parties waive any legal systems to which they may have recourse and agree to be bound by the decisions of the Courts of Madrid, Spain. The parties agree that any disputes arising, particularly regarding the interpretation, validity, enforceability, compliance, termination, or rescission (including the validity and performance of this Clause), or regarding the provision of the translation services that is not resolved by mutual agreement of the parties, will be settled by arbitration which will be binding on both parties, in accordance with the rules and procedures of the Madrid International Arbitration Centre (CIAM) or the Madrid Court of Arbitration (CAM), and by appointing a single neutral arbitrator by mutual agreement. If the parties do not reach an agreement regarding the designation of said arbitrator, they will be designated by the Court of Arbitration. The decision of the arbitrator will be definitive, binding, and unappealable, and may be enforced through the competent courts in the corresponding jurisdiction. Before appointing an arbitrator, or at any time during the arbitration process, the parties may reach an agreement, without this being construed as a tacit or express waiver of the procedure described in this clause. The arbitration procedures described herein will not be open to the public in general, since they are confidential. All files and records related to the corresponding case will be sealed permanently, with the sole exception that they may be opened by the competent Courts or Tribunals to confirm the decision issued for this purpose. The arbitration in question may take place in the City of Madrid (Spain) in Spanish by the CIAM or the CAM depending on whether it is a national or an international procedure. If any sections of the Terms of Service are deemed unenforceable, this will not affect the rest of the sections. The Agreement will be updated periodically. The Customer agrees to these Terms of Service each time it requests an estimate or places an order by any means or channel. The Customer should read these terms of use regularly. If the Customer does not agree with the modified terms for a Service, they should not use the service. Blarlo may cancel or interrupt access to the Service or an order, with or without notice, if the Customer does not comply with this agreement, or if there is a suspicion of bad conduct, fraudulent activities, or a breach of this Agreement. Blarlo may modify or suspend the Platform or Service at any time and for any reason. If the Customer breaches these Terms of Service, and measures are not taken immediately, this does not grant any rights or preclude the adoption of such measures in the future. [* 1] This Agreement is updated periodically, and if the Customer does not notify blarlo to the contrary, acceptance of the Agreement means that it agrees to be bound by any changes or future versions.