Use of Materials on the Alpha TransTech website
All material contained on the website is owned by Alpha TransTech and/or its suppliers and protected by copyright and trademark laws. Any material may also be the subject of other intellectual property rights of Alpha TransTech and/or its suppliers all of which rights are reserved by Alpha TransTech and its suppliers.
Third Party Materials on the Alpha TransTech website
The website may contain materials which is submitted by third parties for inclusion on the Alpha TransTech website ("Third Party Materials"). Please be advised that Alpha TransTech has not independently tested or evaluated such Third Party Materials and provides them on this Web site merely as a service to its users. All third party materials on the Alpha TransTech website are provided "as is", without warranty of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the maximum extent permitted by law, Alpha TransTech disclaims all liability for any claims, demands, suits or actions, under any theory of liability, arising out of the use or attempts to use such third party materials.
Sites Linked from the Alpha TransTech website
The sites linked from the website are not under Alpha TransTech' control, and Alpha TransTech does not assume any responsibility or liability for any communications or materials available at such linked sites. Alpha TransTech does not intend links on the Alpha TransTech website to be referrals or endorsements of the linked entities, and are provided for convenience only.
Limitation of Liability
Under no circumstances shall Alpha TransTech be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the materials that make up the website. Alpha TransTech shall not be liable for any loss howsoever arising, or indirect, special, incidental or consequential damages, even if advised of the possibility of such damages.
Terms and Conditions for Language Services
These Language Services Terms and Conditions constitute a legally binding agreement between you (whether an individual, corporation, or other entity) ("Client") and Alpha TransTech, where "Alpha TransTech" means a company commissioned by you to perform Services (as defined below) and where that company is Alpha TransTech, owning or under common ownership with Alpha TransTech
"Services" means, other than where the authorized representatives of Client and Alpha TransTech have explicitly agreed to separate contractual terms and conditions concerning these, any professional language services including, without limitation, localization and/or translation and/or, in connection with these, desk top publishing, project management and/or engineering of software files, text and other computer medium, and/or reading from a prepared script, where such is commissioned by Client to be performed by Alpha TransTech. An "Order" means: (i) Client’s signature or other indication to Alpha TransTech of the acceptance of a quotation of Alpha TransTech for Services; or (ii) a purchase order of Client or other instruction reasonably understood by the parties to authorize the inception of Services, but excluding any terms and conditions proposed by Client and not expressly accepted by Alpha TransTech.
By issuing an Order, Client agrees to be bound by the terms of these Terms and Conditions.
Performance of Services
Subject to the terms of these Terms and Conditions, Alpha TransTech shall provide to Client and Client agrees to pay for the Services. Alpha TransTech shall assign to Client all proprietary rights in the deliverables and related materials created by it pursuant to these Terms and Conditions subject to Alpha TransTech being paid in full for the Services.
Client accepts that it is responsible for verifying that the Services are suitable for its needs. Client shall supply all components, information and materials reasonably necessary to enable Alpha TransTech to provide the Services. Client confirms that it owns or is legally entitled to possess and use such components, information and materials and hereby grants to Alpha TransTech a license to use the same for the purposes of providing the Services. Client’s failure to supply the foregoing when reasonably required by Alpha TransTech shall relieve Alpha TransTech of any obligation to perform Services to a previously agreed schedule. Client shall indemnify and keep indemnified Alpha TransTech from and against any liability, losses, damages, costs and expenses arising from Alpha TransTech' use or possession of any components or other materials supplied by Client to Alpha TransTech. Client shall, within ten (10) business days of receipt of any finished deliverable of the Services, notify Alpha TransTech in writing of any suspected defects or errors. In the absence of such notification, Client shall be deemed to have accepted the deliverable of the Services. Client shall not withhold acceptance because of any discrepancy that does not significantly compromise the accuracy of any deliverable.
Client agrees to pay to Alpha TransTech for the Services the fees and expenses set forth on the applicable Order in the currency specified therein. All payments due to Alpha TransTech hereunder are due within thirty (30) days of the date of the applicable invoice. All amounts due to Alpha TransTech hereunder are net of any and all taxes, assessments, charges and levies of any governmental authority, all of which shall be the sole obligation of Client, except for taxes payable on the income of Alpha TransTech.
Alpha TransTech represents and warrants to Client that: (i) it has the right to perform the Services in accordance with the terms of these Terms and Conditions; and (ii) it will perform the Services in accordance with customary industry standards although, such Services being the product of human endeavor, Alpha TransTech does not represent that they shall be error-free. Alpha TransTech hereby disclaims all other representations and warranties, whether express or implied, including, without limitation, implied warranties of merchantability and/or fitness for use and/or a particular purpose.
Limitations on Liability
In no event shall either party be liable under these Terms and Conditions under any circumstances for consequential or indirect damages of any nature whatsoever including, without limitation, any lost revenues or profits. Nor shall Alpha TransTech be liable for any claim that any deliverable of the Services infringes the intellectual property rights of a third party where the infringement arises from materials supplied by Client to Alpha TransTech.
Restrictions on Disclosure of Confidential Information
Each party shall: (i) maintain in confidence all information disclosed by the other relating to the disclosing party’s business ("Confidential Information"); and (ii) use such information only in connection with these Terms and Conditions. This provision shall not apply to information which: (i) becomes generally available to the public through no fault of the receiving party; (ii) was independently developed by the receiving party without access to the disclosing party’s Confidential Information; (iii) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party, provided that such source is not prohibited from transferring the information to the receiving party by any contractual, legal or fiduciary obligation; or (iv) is disclosed by Alpha TransTech to its subcontractors for use only in connection with these Terms and Conditions and under a duty of confidentiality no less onerous than that of the parties hereunder.
Entire Agreement; Severability
These Terms and Conditions, together with the relevant Order contain the entire agreement and understanding between the parties relating to the subject matter hereof, and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to such subject matter. In the event of any conflict between an Order and these Terms and Conditions then these Terms and Conditions shall prevail. No variation of the provisions of these Terms and Conditions will be valid unless confirmed in writing by the authorized signatories of both parties. If any provision of these Terms and Conditions is declared invalid or illegal for any reason, then the remaining provisions of these Terms and Conditions shall remain in full force and effect in the same manner as if the invalid or illegal provision had not been contained herein. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any future exercise thereof or the exercise of any other right or remedy.
Each party acknowledges that money damages would be both incalculable and an insufficient remedy for any breach of these Terms and Conditions by the other party and that any such breach would cause such party irreparable harm. Accordingly, each party agrees that in such event, the other party, in addition to any other remedies at law or in equity it may have, is entitled, without the requirement of posting any security, to equitable relief, including injunctive relief and specific performance.
The parties agree that they will attempt to settle any dispute arising out of these Terms and Conditions by negotiation between the parties.