STANDARD User AGREEMENT
This document is a legal agreement between you, the "User" (as defined below) and Tomedes. These User's Terms and Conditions ("Agreement") sets forth the provisions under which the User may register and use the web-site for the purpose of responding to solicitations for the acquisition of solutions, services, and products ,providing these solutions, services, and products and taking care of requested revisions of the software solutions, services, and products.
DEFINITIONS Site (s): Tomedes Ltd: (if applicable) is the parent company and owner of the site hereinafter referred to as Tomedes. User:Individual (s) or a Company posting a project.
Provider: Individual (s) or a Company providing a service.
1. TERM
The initial term of this Agreement shall be a period of one (1) year from the Effective Date. Thereafter, the Agreement shall automatically renew for subsequent one (1) year terms. At any time, either party may terminate this agreement, with or without cause, upon thirty (30) days prior written notice. Tomedes reserves the right to immediately terminate any User who commits fraud, slander, a denial-of-service attack, or commits any other action which it deems inappropriate. Neither party has made any commitments regarding the duration or renewal of this Agreement beyond those stated herein.
2. SCOPE
Upon completion of the Registration Form and after accepting the site Terms of Service and this agreement, the User is authorized to postTranslation Requests. This is a master agreement between User and Tomedes and shall apply to all transactions and business conducted between the parties.
3. User's OBLIGATIONS
The User will post a translation request, including all relevant information and/or documents in relation with his request. The User will process payment as requested by Tomedes before starting the translation process.
4.This Agreement shall govern the business relationship between Tomedes and User despite any different or conflicting terms and conditions in User's forms or other documents.
4.1. GENERAL
o The User authorizes Tomedes to treat any person using User's password pair (username and password), and any resulting transactions, obligations and liabilities as if User used the website and/or services itself.
o User must not try to expose the identity of other Users or of Providers. The identity of Providers and of other Users is not visible to the Users. The User must not post any information which may reveal his identity to Providers or other Users. Posting contact information including but not limited to phone #s, email addresses, Internet URL's, Yahoo Messenger Ids, ICQ ids is strictly prohibited.
4.2. REGISTRATION
o User's information shall be true, accurate and up-to-date at all times.
4.3. PAYMENT
o If a customer wishes to cancel a business transaction, this will be done in accordance with the provisions of the Consumer Protection Law
o Payment will be processed by the User prior to commencing the translation process. Missing or incomplete payment will cause a delay in starting and therefore a delay in delivering the completed translation.
o The User is the only responsible party for a delay caused by the above reason.
Violators of any of these terms can have all of their Tomedes accounts terminated, suspended or revoked at the discretion of Tomedes.
5. Refund/Cancellation policy
1. Any cancellation request after an order has been processed must be submitted in writing to the following email address: support@tomedes.com
2. If the company has not yet started the translation a full cancellation and refund will be granted. Should the translation already be in process, it will be stopped at the earliest opportunity (taking possible time zone hour differences into consideration). The client will only be charged for the part of the translation which has been completed.
3. Our goal is to provide a service of exceptional quality at a great value. For this reason, we offer a 1 year guarantee on all of our language services. Should you have any concern or are not satisfied with the final product, please contact our customer service at "email" or "phone Nr." Our translator will review the translation according to the client’s comments and offer feedback. Any agreed upon errors will be edited at no extra charge to the client. In certain cases, where we fail to meet an agreement with the client, a partial or full refund may be offered.
6. User's REPRESENTATIONS.
User represents that it has the full power and authority to execute this Agreement. User is the owner of, and/or has received all appropriate consent from the owners of, any and all material, information, intellectual property in any form, or other data that User makes available to Tomedes.
7. TAXES
Tomedes does not collect taxes, duties, fees or other governmentally imposed excises, so User and Provider agree to assume their respective responsibilities under the law.
8. TRADEMARKS AND CONFIDENTIAL INFORMATION.
Any information the User disclosed to the providers is considered confidential unless indicated otherwise
Return of Confidential Information. In any event of termination or expiration of this Agreement, each party will, within five (5) business days, return to the other party such party's Confidential Information.
9. INTELLECTUAL PROPERTY INFRINGEMENT INDEMNITY
Infringement Claims. The Provider will defend and hold Tomedes harmless in any suit or proceeding based on a claim that any equipment, products or services transacted under this Agreement, constitutes infringement of any copyright, patent or trademark. Provider will pay all settlements or damages awarded against Tomedes, provided that Tomedes (i) informs Provider of such suit or proceeding in writing and within thirty (30) days of actual notice of a claim, and provides Provider with all related information, (ii) grants Provider the authority to settle or litigate such suit or proceeding, and (iii) provides all necessary assistance to Provider.
10. LIMITATION OF LIABILITY; INDEMNITY.
IN NO EVENT SHALL TOMEDES BE LIABLE TO BUYERS, PROVIDERS OR ANY OTHER PERSON FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE COST OF COVER, LOSS OF PROFIT, USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT TOMEDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification by Provider. Provider shall indemnify, defend (with counsel approved in writing by Tomedes) and hold Tomedes, its officers, directors, shareholders, employees, insurers, attorneys, successors and assigns harmless against any and all claims for cost, damage, expense (including reasonable attorneys - fees) or liability arising out of or related to the acts or omissions of Provider, its employees, representatives or agents.
11. DEFAULT AND TERMINATION.
Default. Should the User default, their account may be terminated by Tomedes. User shall be considered to have defaulted under the Agreement for any failure to perform its obligations and/or if Tomedes discovers any material misrepresentation or omission that User has made in this Agreement or its Registration. In the case of either party, the failure by such party to observe or perform any material covenant or obligation under this Agreement shall constitute default. User may also be considered in default if they violate the site terms of service..
Survival. The parties' obligations under Sections 6, 7 and 8 shall survive any termination and/or expiration of this Agreement.
12. GENERAL.
Assignment. User shall not assign or transfer this Agreement without Tomedes's prior written consent, which shall not be unreasonably withheld. Any attempted assignment shall be null and void.
Relationship of the Parties. This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder is the agent, broker, partner, employee, or legal representative of the other for any purpose.
Excused Performance. Neither party shall be liable for failure to perform its obligations under this Agreement for causes beyond its reasonable control.
No Waiver. The failure of either party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party to thereafter enforce any such provision.
Unenforceable Provisions. If any term of this Agreement is found to be illegal or unenforceable, the remaining portions of this Agreement shall remain in effect, provided that the parties agree to negotiate in good faith substitute enforceable terms.
Modifications; Special Agreements; Entire Agreement. Note that Tomedes reserves the right from time to time to amend, modify or change this agreement. Due to the majority of parties requesting not to be contacted via email about updates to the site, email notice will not always be given. Additionally, due to the financial costs associated with written notices...written notice will not always be given. If you are interested in keeping abreast of the latest changes to this agreement, then please bookmark this page and review it from time to time.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY PROVIDING NOTICE TO US. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Should Tomedes and the User come to a special understanding not outlined in this agreement it will be laid out in writing and signed by both parties.
This Agreement is the entire understanding between User and Tomedes with respect to the subject matter of this Agreement, and supersedes all (i) proposals, oral or written, (ii) negotiations, conversations or discussions between the parties and (iii) industry custom or past course of dealing, relating to the subject matter.
