The following Terms and Conditions constitute a legally binding agreement ("The Agreement") between you ("Client") and PEN ("PEN") regarding access to and use of the PENSERVICES.NET website ("website") and its associated machine and/or human-based linguistic services ("Services") rendered or to be rendered by PEN.
By accessing or using the website or Services, you agree to be bound by these Terms and Conditions of Service. If you do not wish to be bound by these Terms and Conditions of Service, you should leave the website now.
For the purposes of this Agreement,
"Source Material(s)" shall mean any electronic or other files that the Client transmits to PEN using the website that are intended to be the subject of services hereunder,
The final edited version of the Source Material(s) shall be referred to as "Deliverable" or "Deliverables",
Each order or formal request for the provision of Services shall be referred to as an "Order"
- PENSERVICES.NET is an online linguistic services ordering site.
- The charge for the services is based on the word count, language(s) and service requested. The word count, as determined by PEN, is final and non-negotiable. The word count is clearly visible throughout the ordering process. Any changes to this word count will be communicated to the Client for approval.
- All prices and rates quoted are subject to change without notice prior to formal acceptance of any Order. PEN reserves the right to: charge for additional Services requested after an Order has been accepted; alter without notice the currency in which the transaction is processed and/or billed.
- It is the responsibility of the Client to select the appropriate service for the Source Material(s). PEN will not accept any responsibility if the service selected does not meet the specific requirements of the Client.
- The Client can request a linguistic service by uploading and submitting the Source Material(s) to the website.
- The edited files will remain accessible through the website for a period of six months after completion unless otherwise agreed in writing.
- PEN will not be held liable for any typographical omissions or errors that were inherent in the original Source Material(s) and which may or may not affect the quality of the Deliverable.
- Source Material(s) will be virus checked upon receipt by PEN.
- PEN reserves the right to refuse to edit/translate any Source Material(s) that is/are of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or is/are otherwise considered inappropriate by PEN, whose decision in all matters shall be binding and conclusive.
- PEN provides an estimate service which is quoted on a without prejudice basis based on the information provided and shall be subject to such Terms and Conditions and fees as PEN may direct.
- PEN warrants that any linguistic service will meet reasonable commercial standards for professional human editing / translation (i.e. human editing / translation by bilingual editors/translators with reasonable skills in editing/translating the concepts and terminology of industry-specific text).
- Times for expected receipt of the Deliverable are displayed at the time of order (Projected Delivery Date). PEN will use its best efforts to meet these deadlines but does not accept liability for any delay in delivery. PEN reserves the right to amend the delivery date and will make all reasonable efforts to contact the Client if there is any change in the Projected Delivery Date.
- Payment is due at date of order.
- PEN uses the latest encryption technology to keep your personal details safe. The website has a VeriSign Secure Server ID and VeriSign has verified the organizational name and the proof of right to use it. All information sent to the website is encrypted and protected against disclosure to third parties.
- Fraudulent Credit Card Charges or Fraudulent Claims - All requests to negate charges are investigated by our technical department and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services and create possible criminal charges that may be filed against you.
- The Client has 96 hours from receipt of the final Deliverable to inform PEN of any errors or omissions contained in the edited work. PEN will make the necessary corrections free of charge and within a reasonable timeframe.
- Client Warranties
i. The Client represents and warrants that it owns or is licensee of the Source Material(s) and all components thereof, and that editing/translation of the Source Material(s) and publication, distribution, sales or other use of the Deliverable shall not infringe upon any copyright, trademark or patent, or other right of any third party.
ii. The Client warrants not to use any device, software or routine to interfere with the proper working of the website or which may have a contaminating or detrimental effect on the website.
- PEN makes no representations or warranties of any kind, except as set forth above. Without limiting the foregoing, the services are provided on an 'as is' and 'as available' basis and without any other warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of proprietary rights.
- PEN shall not be liable for any incidental, special or consequential damages or loss of any nature whatsoever, nor for any claim against the Client by any other person or entity, arising from or relating to services rendered by PEN, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise, and even if PEN has been advised of the possibility of such damages by anything contained in related proposals and other documentation. PEN shall not be responsible for any loss or damage to, nor the return of, any Source Material(s). The maximum liability to the Client by PEN shall in all cases, other than those involving death or personal injury, be limited to the value of the Order.
- In the event that the Client breaches this Agreement, PEN shall have the right to terminate immediately, whereupon the Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress. In the event that PEN breaches this Agreement, the Client shall have the right to terminate whereupon PEN shall return to the Client all Source Material(s) and data supplied by the Client together with all Deliverables that exist as of the date of termination.
- All right, title and interest in and to the Source Material(s) and, except as hereunder provided, the Deliverables, and any and all patent rights, copyright, know-how, and trade secrets therein are and remain the sole and exclusive property of the Client. Notwithstanding the above, the Client acknowledges that PEN is the sole and exclusive owner of all right, title, and interest in and to all
i. methodology, information and databases used in editing the Source Material(s), and
ii. inventions, methodology, innovations, know-how, and databases developed by PEN in the course of editing/translating the Source Material(s), including any and all patent rights, copyrights, know-how, and trade secrets therein. Provided that the Deliverables and copyright, know-how and trade secrets therein shall remain the property (but not the risk) of PEN until PEN shall have been paid in full for such Deliverables.
- The nature of the work performed and any information transmitted to PEN by the Client shall be confidential. PEN shall not without the prior consent of the Client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of PEN whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent PEN is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by PEN.
- The Client shall indemnify, defend, and hold harmless PEN, its owners, directors, officers, employees, representatives, agents, successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incidental to any suit, claim or demand based on
(i) the performance of this Agreement by either party,
(ii) the Client's breach of the covenants, representations and warranties made by it herein,
(iii) the manufacture, advertisement, promotion, sale or distribution of any items by the Client,
(iv) any taxes and duties, levies, tariffs, or like fees that may be imposed by any government or collective authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by the Client, or
(v) any claim that any element of the Deliverable infringes any copyright, trademark, patent, or other proprietary right.
- PEN may terminate the rights of the Client without cause at any time and with immediate effect.
- All disclaimers, indemnities and exclusions in the Agreement shall survive termination for any reason.
- If any part of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that part shall be deemed severed and the validity and enforceability of the remaining Terms and Conditions shall not be affected.
- PEN may modify these Terms and Conditions at any time.
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of Lebanon and exclusive jurisdiction of the Courts of the Republic of Lebanon.
