Terms and Conditions
December 17, 2019
The following Terms and Conditions (hereinafter referred to as the “Terms”) between you (referred to as “you” or “your) and iTranswork, LLC (referred to as “iTranswork”, “our”, or “we”) describe the specifications on which you may access and use this Site, https://www.itranswork.com/ (the “Site”), including all information, tools, and Services available to you, conditioned upon your acceptance of all the Terms, conditions, policies, and notices stated herein.
iTranswork is a translation company that hosts an online two-sided online marketplace (“Marketplace”) providing translation services (the “Services”) to purchasers and/or registered clients (“Customers”), from in-house and freelance translators, linguists and/or proof-readers (“Service Providers”). These Services are sold directly to Customers through the Site. For clarity, the Customers and Service Providers may be referred to individually or together as “you” or “your”.
As a Customer, by visiting, accessing, registering, making a purchase through the Site, you are engaging in our Services and agree to be bound by the following Terms. As a Service Provider, by subscribing to be a translator on the Site, you are engaging in our Services and agree to be bound by the following Terms. These Terms apply to each User, including, without limitation, Users who are browsers, Customers, Service Providers, subscribers, freelancers, registered users, vendors, merchants, and/or content contributors (together referred to as “Users”).
YOU MAY NOT USE THE SITE’S SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
BY ACCESSING ANY PART OF THIS SITE OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES.
Any new features or tools, which are added to the current Services, shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes to our Site at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes to these Terms constitutes acceptance of those changes.
1 . Registration
If a Customer wishes to obtain Services from the Marketplace, the Customer must sign up for a User account to post a job, hire a freelancer or Service Provider, pay for a Service, or approve a final translation through the Site (“Project(s)”). In addition to the cost of the desired Service, the Customer will also be charged a small Service fee (detailed below in Section 5 of these Terms) per each transaction. After the completion of each posted job, the Customer shall rate the Service Provider’s performance on a scale of 1-5 stars. The Customer shall provide all requisite information to post a Project which includes payment information.
b) Service Providers:
In order to apply for posted Projects on the Marketplace, Service Providers must also create a User account. Each registered Service Provider must be verified by the Site. Service Providers must also provide all requisite information to be able to accept payments. After registration, Service Providers will be able to work with Customers through the Site. The verification process is comprised of the background check and a showing of English proficiency. English proficiency shall be verified by a verification process conducted by the Site’s support team as well as the Service Provider furnishing some proof of proficiency by showing a relevant certificate or license.
By agreeing to these Terms and using the Site, you represent that you are at least the age of majority in your state or province of residence. Minors may use the Site under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for his or her use of the Site and Services, including all liabilities. In addition, all Users must be in good standing and not be an individual that has been previously barred from the Site or Services under the laws of any applicable jurisdiction.
When you register as a User, you will be prompted to create a User account. When you set up a User account, you are the sole authorized user of your account. You also represent and warrant that you are using the Site for your own personal use only, and not for resale, export, publication, re-use or any other similarly unauthorized use. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your account. It is your responsibility for any act or omission of any User(s) that access your account information that, if undertaken by you, would be deemed a violation of these Terms. It shall be your responsibility to notify iTranswork immediately if you notice any unauthorized access, use of your account or password, or any other breach of security. iTranswork shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
We reserve the right to refuse Services to anyone, for any reason, at any time at our own discretion.
We reserve the right, but do not have the obligation, to pre-screen, refuse and/or delete any content, or User account currently available through our Site. In addition, we reserve the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive to other Users.
2. Prices and Payments
There are two ways of purchasing the Services on our Site. A Customer can purchase our Services by: (1) choosing the “Translate” option, which represents our Services as a translation company, or by (2) posting a job on the Marketplace for any Service Provider to apply for.
Customers utilizing the “Translate” option will need to fill out a form to receive a quote for the Services. After the Service Provider sends the quote to the Customer, the Service Provider will check the uploaded files to be translated and find an available in-house translator to provide the Services. The Service Provider will also send the Customer an invoice for the Services. Once the Customer has paid the invoice, they will receive the translated files via e-mail, We Transfer, or Google Drive.
Customers utilizing the Marketplace option must first set up a User account and post the job they wish to have completed (as outlined in Section 1 of these Terms). The price for each job posted on the Marketplace will be mutually agreed upon between the Customer and the Service Provider. When using the Marketplace, the Customer must pay the agreed upon amount immediately following the hiring of a Service Provider. The payment will be held in an escrow account managed by iTranswork until the work is delivered and approved by the Customer. After the Customer approves the work, 80% of the payment in the escrow account will be transferred to the Service Provider’s balance (this may take up to a maximum of 5 days). iTranswork shall receive the remaining 20% of the payment (the “Service Fee”). Service Providers will be charged a flat Service Fee of 20% for every transaction. If the Service Provider submits the translated work and receives no response or approval from the Customer, then the payment amount will be released from escrow account automatically after 15 days.
The primary payment methods are PayPal, Stripe and direct bank transfer. The prices charged for Services offered by any Service Provider will be the price in effect at the time the order is placed and will be set out in any order confirmation e-mail or correspondence.
Any prices, discounts, and promotions available on the Site are subject to change without notice. We may offer promotions on the Site, or, in our sole discretion, to certain individuals. These promotions may affect the pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a specific promotion and these Terms, the terms and conditions for the promotion will govern that specific circumstance.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. iTranswork reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
If you do not pay the amounts owed when they are due, or your payment method fails over a continuous period of time, iTranswork shall initiate collection procedures. You agree to pay our cost of collection, including without limitation to any reasonable attorney’s fees.
3. Termination and Cancellation
Customers may cancel any purchase made through the Site subject to this Section. If the Customer cancels a purchase, they are subject to a 5% non-refundable processing fee. We are not responsible for errors made by the Customer.
Service Providers may terminate their User account and remove their Services from the Site by submitting a cancellation request through the Site.
Users may have their account paused for several reasons at iTranswork’s discretion, which includes but not limited to: having registered under different usernames or identities using a false number or email; a Service Provider’s skills failing to pass the verification process; a Service Provider receiving complaints about their performance from Customers; if a Customer’s payment method continuously fails; or if the Service Provider’s rating is below 3.5 stars for a period of time exceeding 3 months.
You agree that iTranswork may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your User account, any email associated with your User account, and access to our Site at our sole discretion, for any reason, including but not limited to:
a) Any breach or violation of these Terms or any other incorporated agreement, regulation or guideline;
b) By way of request from law enforcement or any other governmental agencies;
c) The discontinuance, alteration and/or material modification to our Site and/or Services, or any part thereof;
d) Any engagement by you in any fraudulent or illegal activities; and/or
e) The non-payment of any associated fees that may be owed by you in connection with your User account. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to our Site or Services.
If a User violates or breaches any of the terms in this Agreement, they shall be subject to a monetary penalty, as well as any investigation costs and relevant attorney fees.
4. General Conditions of Use
You acknowledge and agree not to reproduce, export, publish, assign, duplicate, copy, sell, resell, lease, license or exploit the Services, or any portion thereof.
We reserve the right at any time to modify or discontinue the Site or Services (or any part thereof) without notice. iTranswork shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site or Services.
You consent to receive our communications, including but not limited to, e-mails, text messages, and/or calls regarding your User account, Projects, postings, updates to our Services, marketing, advertisement, and any other relevant information.
As a User of the Site, you acknowledge, understand, and agree that all information, text, data, photographs, messages, tags or any other content, whether publicly or privately posted and/or transmitted, is your expressed sole responsibility. Furthermore, you may not use our Site or Services for any illegal or unauthorized purpose nor may you, in the use of the Site or Services, violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of the Site or Services for the purpose of any harmful or deceitful conduct, including, but not limited to the following:
a) Uploading, posting, transmitting or otherwise making available any content that shall be deemed, in our discretion, to be harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, libelous, or which is hateful, threatening, of otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred or profanity;
b) Causing harm to minors in any manner whatsoever; and/or
c) Impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
iTranswork strictly prohibits all types of sexual connotations, racism, pornography, terrorism and any other hateful or inappropriate language on our Site, both in the marketplace chat room and in the content of the files to be translated. We reserve the right to suspend any User that does not abide by these rules. We also reserve the right to verify the User’s identity in the case of any unusual or suspicious account activity. The User’s account will remain on hold (meaning the User will not be allowed to post a job, bid on a job, withdraw payment, or otherwise use the Site) until we have successfully verified the User’s identity.
iTranswork strictly prohibits unsolicited and/or unauthorized communication between Customers and Service Providers who are trying to contact one another for additional work opportunities outside the scope of our platform and/or the Site. Any unauthorized communication or payment made outside of the scope of our platform and/or Site shall be a violation of this Agreement.
5. Accuracy, Completeness, and Timeliness of Information
iTranswork shall not be held responsible if information made available on its Site is not accurate, complete, or current. For clarity, you are relying on any information found on the Site at your own risk.
iTranswork reserves the right to modify the contents of this Site at any time, but has no obligation to update any information on the Site. You agree that it is your responsibility to monitor our Site for any changes that may occur.
6. Refunds and Disputes
If there is an issue with the Services found or purchased through our Site, please contact us through our Site within 30 days of your Project post, purchase, or payment so that we can do our best to rectify the issue.
If there was a misunderstanding between a Customer and Service Provider, we will try to solve the problem by contacting both the Customer and Service Provider separately via email.
In the event that there is an error with the translation, or there was not adequate or effective communication between the Customer and Service Provider, then our team of linguists shall step in and investigate the issue. This investigation process will take approximately 30 days to complete. If after the investigation we have concluded, in our sole discretion, that the Service Provider delivered an incorrect, or otherwise poorly done, translation, then the Service Provider may be suspended from the platform. In this case, we will offer the Customer to either: (1) receive a refund for the Services subject to a 5% non-refundable processing fee, or (2) have our “Translate” team of linguists complete the translation for the price that was originally agreed upon for the work (the Customer will not incur any additional fees or cost).
Should iTranswork, in our sole discretion, decide to refund or credit a Customer any amounts paid for a Service, then that refund, or credit, shall constitute our entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.
7. Intellectual Property & Proprietary Rights
As between you and iTranswork, iTranswork owns, solely and exclusively, all right, title and interest in and to the Site and Services, all content, software code, data, and materials thereon, the look, feel, design and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including but not limited to any intellectual property and/or proprietary rights. iTranswork reserves all rights in and to the Services not granted expressly in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to the Site or to use the Services or any of our content except as expressly permitted by these Terms.
You hereby acknowledge and agree that our Services and any essential software that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Further, you acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on our Services, in whole or in part. For clarity, iTranswork has granted you a personal, non-transferable, non-exclusive right and license to make use of the Site as long as you do not, and shall not, allow any third party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, grant a security interest in and/or otherwise transfer any such right in the Site.
If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Services and your use of the Services on any website, blog, article, or social media platform (“Your Content”), you hereby grant iTranswork a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Site or Services, including but not limited to advertising, promoting, and marketing the Site or Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
8. Disclaimer of Warranties and Limitation of Liability
THE USE OF THE SITE AND/OR OUR SERVICES ARE AT THE SOLE RISK BY YOU. ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
IN NO EVENT SHALL ITRANSWORK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR ITRANSWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES OR AMOUNT YOU SHOULD HAVE BEEN PAID THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law; and (ii) not apply to: (a) liability resulting from our gross negligence or willful misconduct, or (b) death or bodily injury resulting from our acts or omissions.
9. Dispute Resolution
If a controversy or claim should arise, the Parties will attempt in good faith to resolve such controversy or claim through negotiation with the help of iTranswork. If the matter has not been resolved within thirty (30) days by negotiation, the Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the Parties. The Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction. The breaching party shall be subject to a monetary penalty as well as investigation costs and attorney’s fees.
We may provide you with any notice under these Terms by: (i) sending a message to the e-mail address you provided; or (ii) by posting to the Site. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Site will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Site.
To give us notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.
Third Party Content. The Site may contain links and references to other third party service providers (“Third Party Content”). This Third Party Content is provided as additional information. We are not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Site does not imply that we endorse or accept any responsibility or liability for the Third Party, or vice versa.
Indemnification. By using the Site or Services, you agree to indemnify, hold harmless, and defend iTranswork from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorney’s fees resulting directly or indirectly from a claim by a third party that is based on your use of the Site or Services.
Governing Law and Jurisdiction. This Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by iTranswork to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of iTranswork.
Force Majeure. iTranswork will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If you have any questions, please feel free to contact us directly through our Site.
Phone: +1 (332) 208-1446
Mailing address: ITRANSWORK, LLC 191 Main Street 2041, Port Washington, NY 11050 United States