Translators Terms and Conditions

Last update: 3 Dec 2012

GENERAL TERMS

Tethras is a website service created in order to provide full product localization and publishing services through the Internet. If you wish to be registered, engage in transactions with other members and use the services, available at the Site, read the following conditions and confirm your consent. This is a legal agreement ("Agreement") between you and Tethras, Ltd. (the "Owner"), which will apply to you in respect of any and all services offered by or acquired (the "Services") from the Tethras Website (the "Website").

This Agreement sets forth the Terms and Conditions governing the access and use of our Website, including the provision of localization services. This agreement may be changed at any time by the owner. It is the sole responsibility of the user to check occasionally the current version of the agreement. The user waives any claim regarding this issue. Use of this Website and its Services signifies the acceptance of the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not provide Tethras with any information and do not use Tethras Services or this Website. Your continued use of Tethras Services or this Website in light of changes to this statement or to the relevant principles will signify your acceptance of the changes.

When you register on the Website, you are asked to create your own profile. Your profile includes, but is not limited to, personal information such as your user name, your email and general information you wish to disclose about yourself. Upon successful registration, you become a member of the Website (a "Member"), and for as long as you remain a Member, you agree to comply with the applicable Terms and Conditions of this Agreement (the "Terms"). In case you only visit the Website and you do not register as a Member (a "User"), you are still obliged to some of the conditions and terms of this agreement.

Website members can be Service Buyers, Service Providers or both at the same time. The Owner and you may terminate this agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party by electronic message (i.e. email). The corresponding decision by the owner takes effect at the moment of sending such a notice to the electronic address, provided by you during registration, or to any other email address, provided by you to Tethras. If you send a notice of termination, the corresponding decision by the owner takes effect within several days. Your membership shall concurrently terminate, without an obligation to make a payment, rebate or refund on the part of the Owner. The Owner does however reserve the right to suspend or terminate your membership at any time, without notice, if you breach this agreement or any other Terms and Conditions posted on the Website. The Owner assumes no responsibility whatsoever for your use of the Website and/or Services. It is for your sole, personal use and you may not distribute your username and password allowing others to use the Services through your membership.

AGE RESTRICTIONS

Use of the Services is strictly prohibited to minors or any person under the legal age in his or her country and prohibited to any person under the age of 18. If you misrepresent your age, your registration as a member will be cancelled. By using the Site, you confirm and guarantee that you meet age restrictions requirements.

DESCRIPTION OF SERVICES AND PAYMENTS

Tethras offers a range of tools, content, products, services, and other resources on its Tethras.com Website of particular interest to translators and buyers of localization and publishing services. Service Providers are required to complete one or more tests to qualify to provide Services to Service Buyers. Tests are judged by Tethras. Tethras's decision is final. Upon failure of a test a service provider may retake the test after a 4 day period.

All payments to the Service Providers are made in US dollars (USD) only and changes to that currency are not acceptable.

There is no obligation to take any job, however, we do offer first refusal on larger jobs to those translators that have the highest Tethras Grade/score (please see grading and scoring section). Other than that all jobs are assigned based on the translators suitability for the job and their word rates. We assign jobs to all translators that meet the criteria for a particular job e.g. If you are a Spanish translator that specializes in games translation, we will offer you all Spanish jobs where the customers project is games oriented and the word rates are above your specified minimum.

The Service Provider will receive email notification once a job that matches their profile becomes available. The Service Provider can work on more than one job at a time.

The Service Provider will get paid on a per word basis. The Website customer base is so broad we offer a variety of rates for translation jobs depending on the complexity of the work, number of words and the level of translation that a customer orders. All jobs offered will have clearly defined word rates in the job offer email.

Each job the Service Provider decides to take has a time limit. Time limits for each job are clearly outlined on the translator dashboard. If you think that the time allotted for a job is unreasonable at the outset, please inform Tethras and we will see if there is a possibility to extend the deadline. If after working on the project for a while you do not think that you can make the deadline, the onus is on the translator to inform Tethras immediately. Where possible we will extend the deadline but note that this is not always doable. Repeated failure to meet project deadlines will/may result in a financial penalty up to and including non payment for the work completed.

At the moment all Service Providers must use the Tethras online translation tool, TILT. The Tethras system has an inbuilt discussion system that will channel all queries to the relevant person. All questions should be entered into this system. Tethras makes every effort to get as much information about the product upfront. Where you find that you still do not have enough information to perform your translation, please mail us at production@tethras.com.

Our preferred payment method is PayPal. Occasionally we can use another payment method (Moneybookers) where it is not possible to use PayPal. Please do not accept work if you do not have access to PayPal without explicit instructions from Tethras. Payment is normally made within 30 days of Tethras receiving your invoice.

All fees and charges related to the payment services are not covered by Tethras. All fees and charges incurred during the payment process will be deducted from the amount invoiced.

DISPUTE RESOLUTION

Where a translation job is not of the required standard, our Localization Production Team will investigate on the customer's behalf. Upon reviewing each request, we will take into account:

  1. The Quality of the translation
  2. Comments and/or instructions left for the translator, and whether the translator adhered to those comments/instructions

In the case where the rejected job was found to be of poor quality, the customer will receive a full refund and the translator will not get paid. However, if we decide that the quality of the end result was impacted by poor instructions or context, the customer has two options:

  1. Request another translator
  2. Approve the translation as is
  3. Request corrections and send the translation back to the translator

If you feel that your translation was unfairly rejected, please email disputes@tethras.com and share your concerns. Remember to include the Job name, date and any other pertinent information along with an explanation of why your translation was unfairly rejected. We will to respond within 72 hours.

We understand that things can go wrong, and apply fairness in appraising disputes. We are ultimately interested in the highest quality and service to both our customers and valued suppliers. If we believe that there is unfair criticism of work that you have done we will source second opinions from language leads.

ACCESS AND PROPERTY RIGHTS

  1. As long as you comply with this user agreement, you are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of Tethras and could result in substantial civil and criminal penalties. Tethras and other identifying marks of Tethras are proprietary to Tethras. You may not use these marks for any purpose without the express prior written consent of Tethras. User agreement does not grant you any express, implied or other license or right under any patent, trademark or copyright of Tethras.
  2. The contents of this Website are protected by copyright and may not be copied or otherwise reproduced without Tethras's written permission except as expressly set forth above. Users/members may not publish or create derivative works from the contents of this Website for any public or commercial purposes. Member/User Representations and Warranties.
  3. As a member/user:
    1. You will only use the Website and the Services in a manner that is accepted and legal according to all applicable laws and regulations.
    2. You will adhere to our acceptable use policies and all other Terms and Conditions relating to your usage of the Services in respect of the Website, and will not transmit junk messages, advertisements or any type of solicitation whatsoever of any products or services to any other Members of the Service.
    3. You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the owner of such materials.
    4. Your use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member/User of the Service. The Owner and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member/User of the Service (including but not limited to emotional, verbal and physical abuse or assault).
    5. You will not communicate, publish or display to any other member/user any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racist, or illegal material, including but not limited to nude photos of yourself or others, pornographic photos or images and any other type of unlawful or unacceptable material, as decided by the Owner. The Owner reserves the right to remove any such material from the service without notice.
    6. You will not engage in, and the Owner is not be responsible for, any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member/User of the service (including but not limited to physical and emotional damage).
    7. You will not use the Website, Services or your profile for any purpose other than providing translation services.
    8. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Website or by email or other means external to the Website, and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
    9. In order to protect our Members/Users from improper advertising or solicitation, and to maintain usage integrity on the Website, we reserve the right to restrict access by all Members to all or certain elements of the Services on a per-action basis, such levels to be determined in our sole discretion, whether determined in respect of a 24 period or otherwise.
    10. You agree that we reserve the right change any of the terms, rights, obligations, privileges or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Website may determine appropriate. All changes will be posted online or may be emailed to you at the Owner's discretion, and you are responsible for reviewing the information and terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission.
    11. You will defend, indemnify, and hold harmless the Owner, its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees on a solicitor and his own client basis) relating to or arising out of your use of the Website or Services, including any breach by you of the Terms of this Agreement or other Terms and Conditions posted on the Website.
    12. Please note you may be involuntarily exposed to offensive or obscene materials that may have been posted by Members/Users, hackers or unauthorized users. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. The Owner is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members/Users.
    13. The owner reserves the right but has no obligation, whether on the basis of complaints or on its own initiative, to monitor any messaging or other activity and the materials posted in the public areas of the service, and to review usage, activity or the content of any messages, materials or other interchanges which are otherwise posted, sent or transmitted via the Website.
    14. The owner shall have the right in its sole discretion to remove any material or profiles, regardless of whether the owner determines that such materials or profiles violate, or are alleged to violate, the law or this agreement.
    15. Notwithstanding the foregoing, the owner does not undertake to monitor, control or edit any communications between its members, and such communications may be offensive to you. You assume full responsibility and you assume all risk for the use of the Services, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all Services, products, communications, and other information.
    16. All communications between members are at the Member's/User's sole control and risk.
    17. In no event the owner or its affiliates will be liable for any incidental, consequential, or indirect damages (including, but not limited to, any deaths, threats, torts or injuries committed by any other users, damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute Services) directly or indirectly arising out of the use or inability to use the Services, even if the owner, his agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the liability to you by the owner, its affiliates, for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the service during the term of membership.
    18. Under no circumstances will the Owner, or its affiliates be responsible for any loss or damage resulting from your use of the Service, your reliance on information or other content posted on the Service, or transmitted to members.
    19. You will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Tethras.com Website or the content contained therein without the prior written permission of the Owner.
    20. You will not create multiple user accounts to avoid fees, suspension or bad ratings on Tethras.
    21. You will not redistribute any of the content (information) on Tethras, including but not necessarily limited to text submitted by Service Buyers, the translated results, private messages, documents.

OWNER RESPONSIBILITIES

Neither the Owner nor its affiliates guarantee the accuracy, completeness, or usefulness of any information on the Website, and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. The Services are provided on an "as is" basis without any warranties or conditions of any kind, express, implied, statutory, in all communication with the owner, its affiliates or its representatives, or otherwise with respect to the Services. The owner and/or its affiliates specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither, the Owner nor its affiliates warrant that your use of the Services will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Website will be corrected. The owner and its affiliates disclaim all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the Website or Services.

LAWS AND REGULATIONS

This agreement shall be governed by, construed and enforced in accordance with the laws of Ireland. Any disputes or legal proceedings arising out of or relating to this Agreement shall at the Owner's election be determined via arbitration under the jurisdiction of the courts of Ireland.

MISCELLANEOUS

This version of the agreement was created on 3 Dec 2012. This agreement contains the entire Agreement regarding the use of the Website and its Services. This agreement may only be amended with the express consent of the Owner. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Your profile information, as well as your photo, may be displayed to other users of the Website. If you post personally identifiable information in areas of the site accessible to other users, you should be aware that such information can be read, collected, or used by other users, and could be used improperly (including for example to send you unsolicited messages). We are not responsible for the personally identifiable information you choose to submit in these Website areas or for any damage that can be done as a consequence.