|
TERMS AND
CONDITIONS
This
agreement sets out the terms and conditions ('Terms and Conditions')
applicable to members of the service operated by 121Translation.com.
Applicants (referred to as 'members') must agree to the following Terms and
Conditions. In the event a member breaches or otherwise fails to comply with
any provision of these Terms and Conditions then in addition to any other
remedy available to 121Translation, 121Translation may terminate the
participation of such member in the service and/or may withhold any payments
relating to participation in the service due to such member from
121Translation.
ELIGIBILITY REQUIREMENTS
121Translation.com shall have absolute discretion as to whether or not it
accepts a particular applicant or site for participation in the service.
REMOVAL FROM NETWORK
121Translation.com reserves the right to terminate the participation of any
member or site without reason but expressly including any member site that
121Translation judges to be in violation of the Terms and Conditions.
Members in violation of 121Translation’s Terms and Conditions will be
immediately deactivated. 121Translation may deactivate members with no prior
notification. Members found in violation of the Terms and Conditions will
not receive any credit or payment from 121Translation. Members that are
terminated by 121Translation on any basis other than violation of these
Terms and Conditions will be entitled to receive any payment due from
121Translation.
REFERRAL COMMISSIONS
The referral commission paid out will be the one listed on the Referrals
page (http://www.121Translation.com/affiliate.shtml).
If the commission rate is changed, it will only affect referrals made after
the new commission was announced. You may not refer yourself, nor sign up
for multiple accounts to collect referral fees. You may also not partner
with any other 121Translation user to share/transfer the commission made
from your own account, or else both parties will be removed from the service
without payment. 121Translation reserves the right to delay or cancel
sending affiliate earnings if we believe the referred user will not pay the
fees they were charged, since affiliate commissions are based on those fees.
PAYMENTS
121Translation will typically make payments/withdrawals if the member
requests it AND their account balance is equal to or greater than $30. All
amounts are stated in and all payments will be made in US funds. We verify
all deposits and might ask you to verify yours; If you refuse to send
verification information via E-mail, Fax or Phone, we reserve the right to
refund the deposit and terminate your account. New members cannot withdraw
funds within 30 days of their first project payment. 121Translation reserves
the right to suspend a withdrawal if the source of the funds is suspected to
be fraudulent. Any funds received from an account having made a fraudulent
deposit (e.g. stolen credit card) will be reversed immediately. If in a
fraudulent payment situation a withdrawal has already been processed, you
will be expected to return the funds to your 121Translation account or face
account termination. 121Translation cannot be held liable for deposits
reversed without its authorization due to reasons, including, but not
limited to, fraud, charge backs or complaints.
As previously stated, any member site that 121Translation removes from the
service due to violation of the Terms and Conditions will receive no credit
or payment.
ESCROW
121Translation provides escrow as a free, bonus, and automated service only
as a tool to help members transact more securely. We do not act as an
arbitrator between parties, should a dispute arise, except in limited
situations. Financial disputes should be resolved between members, or via
another third party, and without 121Translation whenever possible. We do,
however, reserve the right to cancel an escrow payment, at any time, if we
believe we are left with no other option. We also reserve the right to
complete an escrow payment if no response is received from the payer, after
repeated attempts at contact, for 30 continuous days.
DEPOSIT DISPUTES
Members may not file a complaint with one of our payment processors,
including PayPal regarding the funds deposited into their account.
121Translation staff will do its best to resolve any problem a member may
have. Refunds will be processed, if deemed necessary, at a time of
121Translation staff's choosing. Due to the incompatible communication
systems between our payment processors and 121Translation staff members,
payment disputes logged directly with those processors cannot be properly
managed and will cause further delays. Due to this, members who make a
complaint to our payment processor will face account termination without
notice.
COPYRIGHTS
No copyright material can be posted on 121Translation. Only posting sections
of articles or books, as examples, will be permitted. A "section" being no
more than 10% of the contents. This is meant to protect the author's rights.
We also do not tolerate projects requesting unauthorized reproduction of
copyrighted or patented material.
MODIFICATIONS
121Translation reserves the right to change the member Terms and Conditions
at any time. It is the member's responsibility to check these Terms and
Conditions from time to time for such changes. In the event 121Translation
offers any additional or replacement services then this agreement shall
apply to such services in the absence of any new agreement specific to such
services which is entered into between the parties.
OWNERSHIP
Members agree that all information contained on a website operated by
121Translation, and all information compiled by 121Translation through
operation of the affiliate program, is the proprietary information of
121Translation. Personal information provided by members to 121Translation
will be kept confidential and will not be distributed to any third party.
E-MAIL ADDRESSES
Members agree not to post their e-mail address on the site, except in the
"e-mail" field of the signup form, or when asked by 121Translation at any
other time. There should be no need to give anyone your e-mail address. It
is automatically provided if you choose a translator (or you are the
translator chosen for) a project, and before that time you can use the
message board to communicate. This does not only apply to e-mail addresses,
but to all methods of communication, including phone, ICQ, AIM, MSN
Messenger, etc... See "Avoiding Commissions" below for the reason.
PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another member, unless
it's for a project you (a translator) have been picked for, or you (a
client) have picked a translator for. This includes giving out your e-mail
address, ICQ number, phone number, or any other method of contact outside of
this site. 121Translation provides you with message boards, which should be
sufficient for pre-project planning. The only exception to this is on
"Featured" projects. If a project has the "Featured" graphic on it, that
means the client has paid a flat fee in advance, and you ARE allowed to
provide contact information in the message board. Note that the
121Translation system does not distinguish between featured and non-featured
message board posts, so you will still get a warning when submitting an
e-mail address, even if the project is featured.
AVOIDING COMMISSIONS
You are strictly prohibited from attempting to negotiate the fee for a
project with another member directly (outside of 121Translation) after that
project has been created/opened and before that project has been closed
(basically, during an ongoing project). But this also applies to any project
that was closed without a translator being chosen, and then contacting them
about the project anyway. Both parties are responsible for notifying
121Translation if the payment amount increases (above the bid amount) after
the project is closed. Receiving a larger amount than the original project
bid, without notifying us, will be considered an attempt to avoid the
commissions. When a translator requests a withdrawal, we always review all
payments received for each project to verify that they match the bid. If at
the time of a withdrawal request the translator has failed to notify
121Translation staff of a payment received above the amount of his bid (a
total payment above US$100), 121Translation reserves the right to deduct
double the fee for the amount that should have been reported. We believe our
commissions are very fair and justified for the service we provide,
therefore we will absolutely not tolerate any of this activity on
121Translation.
BIDDING
Translators can only place bids that equal the total amount of money they
are requesting for the project. You cannot post an hourly bid or any other
abnormal type of bid. This applies to clients too. Clients cannot create
projects that directly or indirectly require translators to place hourly or
other abnormal bids. The only exception, for both clients and translators,
is when the project is featured.
POSTING PROJECTS
New users are limited to the posting of only 3 projects before being asked
to make a deposit. This is meant to protect other users and prevent
fraudulent activity. A user is required to deposit any amount of funds
before they gain the right to post unlimited projects. A user may request
higher posting limits, under special circumstances, by simply contacting
121Translation support. When posting a project with additional charges; e.g.
Featured or Private, payment for this is required before the project is
listed.
ADVERTISING
You are prohibited from advertising your website on 121Translation. Any URL
posted in a bid, project description, or the message board, must relate to a
project on 121Translation. An example of a permissible URL: your portfolio
or resume page.
THE
ROLE OF 121Translation
121Translation functions as a venue to connect clients and translators in a
virtual marketplace. As a neutral facilitator, 121Translation is not
directly involved in the actual transactions between users of the Site. As a
result, 121Translation has no control over the truth, accuracy, quality,
legality, or safety of postings made by users. Because verifying the
identity of a user on the Internet is difficult, 121Translation cannot and
does not confirm the identity of users. 121Translation also does not confirm
nor verify the qualifications, background, or abilities of users. Therefore,
we recommend that you be careful and exercise common sense and good judgment
when dealing with any member on the Site. You are encouraged to review our
Project Guidelines before taking part in a project. If you are unsatisfied
with another member, the most 121Translation can do is refund the project
commission you have been charged by us. We cannot refund the money you have
sent to someone; we are not responsible for your transactions.
121Translation is not responsible for fraudulent payments made by users and
cannot be held liable for financial loss incurred from fraudulent
transactions. It is the receiver's responsibility to verify the identity and
background of the sender.
LEGAL ISSUES
Members are responsible for legal issues related to the work product or
process and any postings on 121Translation.com. This site is governed by the
laws of the United Kingdom, excluding any conflicts of law provisions and
excluding the United Nations Convention on Contracts for the International
Sale of Goods. Any legal action against us shall take place in the courts of
the United Kingdom.
AND
FINALLY...
We thank you for choosing the 121Translation.com service and we look forward
to a mutually successful business relationship.
|
