These Terms of Use constitute a binding agreement between XADEXA and you as consumers of the translation services (“Service Buyers”) through the Internet governing your use of the website and its services. By using and/or visiting the www.XADEXA.com website or any other websites owned by XADEXA (collectively the “website”), you signify your agreement to both these Terms and Conditions and to the XADEXA Privacy Policy. The Privacy Policy of XADEXA is specifically incorporated into the XADEXA Terms of Use.

You are authorized to use the website only if you agree to abide by all applicable laws and by these Terms of Use. We ask you to read these Terms of Use carefully. Please note that if you do not agree to these Terms of Use you should not use the website.

XADEXA reserves all rights to amend these Terms of Use at any time in its sole discretion and without prior notice, which amendment shall take effect as soon as it is posted on the website. It shall be the complete responsibility of the user community to review these Terms of Use for any changes. Your use of the website following any amendment of these Terms of Use shall signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the website must commence within one (1) month after the cause of action accrues.

1. Website Access

 

XADEXA hereby grants you permission to use the website in accordance with these Terms of Use, provided that:
(i) You shall not copy or distribute any part of the website in any medium without XADEXA’s prior written authorization
(ii) You shall not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose
(iii) You shall otherwise comply with all of the defined Terms of Use.

You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation, account names, email addresses, or other User Submissions (as defined below), from the website. You further agree not to use the communication systems provided by the website for any commercial solicitation purposes, including, without limitation, to solicit, for commercial purposes, any users of the website.

 

2. Confidentiality and Privacy

 

This Agreement is subject to the Privacy Policy of XADEXA which is defined by the Website.

 

3. Rules of Conduct

 

The following rules of conduct apply to your use of the website and to any/all materials you post on XADEXA.com. This includes all text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively designated as User Submissions) whether they are included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the XADEXA website.

 

4. Modifications to the Website

 

XADEXA reserves the right at all times to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. XADEXA shall not be liable to you or to any third party for any change, deferral or discontinuance of the website

 

5. Assignments

 

These Terms of Use, and any rights and licenses granted hereunder may not be assigned, transferred, delegated, or sub-licensed by you. They may, however, be assigned, transferred, delegated, and sub-licensed by XADEXA without any restriction.

6. Payment

 

The pricing XADEXA provides for the Human Translation Services is simple: a fixed price per word for each entitling word. In order to use the services provided through the Website you shall be required to pay by credits which can be purchased through available payment methods.

We accept the following forms of payment:

– PayPal
– Visa
– MasterCard
– American Express
– Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

 

7. Content of Translated Text

 

XADEXA assumes no liability or responsibility for the nature of the Translated Text forwarded to you by the Human Translator, its accuracy, its completeness, its compatibility for a certain purpose, its quality or any other property of it. In the event you are not satisfied with the results of a Task forwarded to you, please E-mail us at – support@xadexa.com stating “Dissatisfied” in the subject of the E-mail message. In such cases, we will try to mediate between you and the relevant Human Translator, to see if he/she can provide you with any corrections to the Translated Text. Any such process may take substantial time since we need to process it manually.

You hereby represent and warrant that the requested Human Translation Services and your use of the Website and/or the Translated Text are for lawful purposes only. You also represent and warrant not to use the Website or any of its services to translate any Source Text that includes, by way of example but not limited to, defamatory, obscene, stolen, or other unlawful material (collectively “Unlawful Text”); and/or confidential, Confidential, trademarked or copyrighted information, belonging to a third party (collectively “Confidential Information”), without the written authorization of the rightful owner of such Confidential Information.

 

8. Limitations on liability

 

We are not liable for any error or defect in the services provided or contributed to by any of the users, including you. We are not liable for any matter unless all monies owed to XADEXA by you have been paid in full in a timely manner. We must be provided with at least 14 days’ notice of any matter for which we may be liable and we must be afforded a reasonable period to remedy any such breach before you incur any costs or expenses in remedying the matter yourself. If you do not provide any such written notice, we shall not be liable. We reserve the right to request written evidence of any claims that you allege together with full details as to how any liability was incurred and what measures you have taken to mitigate the loss.

We are not liable to you for any: – consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions); – economic and/or other similar losses; and/or – special damages and/or indirect losses.

As a member of the user community, you hereby acknowledge that you are under a duty to mitigate any loss, costs, expenses or damages that you may incur. Our total liability to you under any contract shall not exceed the amount paid by you for the services (if any) under the contract or the sum of 100 €, whichever is higher.

Nothing in this contract is designed to exclude or limit any of your statutory rights which are not capable of exclusion or limitation as a consumer.

We shall not be liable to you for any delays in the provision of the services or for any other events to the extent that such events are due to things that are outside reasonable control including, but not limited to, emergencies, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, prohibitive governmental regulations or actions and any other similar events.

You agree to indemnify and hold harmless our company and our subsidiaries, affiliates, officers and employees, from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred/suffered by us or by our subsidiaries, affiliates, officers and employees arising from a breach of this agreement, the content you transmit to or through the Website, as well as your conduct on or arising from your use thereof.

 

9. Termination

 

XADEXA, under certain circumstances and without prior notice, may terminate immediately your XADEXA access to the website and any other XADEXA services.

Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use, other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) .

 

10. Ability to accept Terms of Use

 

You affirm that you are either 18 years of age or older, or an emancipated minor, or that you possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and that you agree to abide by and comply with these Terms of Use. The XADEXA website is not intended for children under 13. If you are under 13 years of age, then please do not use the XADEXA website.