This terms of service was last modified on October 14, 2015.
Tidy Translation, LLC (“Tidy”) welcomes you to our website: tidytranslation.com (the “Website”). By using our Website, you (“You” or “User”) agree to the terms of service (“TOS”) outlined below. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to this TOS, in which case “You” refers to that entity. If You do not agree to this TOS, you may not use the Services (as hereinafter defined) and you should immediately exit the Website and stop use of the Services.
“You” means you as an individual or the company or other legal entity you represent.
“Users” means visitors to this Website or the Service who have not created an Account with Tidy.
“Customers” means visitors who have created Accounts to engage with Tidy.
“Translators” means third parties who engage with Tidy and Customer to provide translation services as a contractor of Tidy. “Translators” include proofreaders and any other contracted translation professional.
“Tidy Team” refers to all Tidy Translation LLC members, managers, employees, and independent contractors who work to provide the Tidy Translation Service.
“Service” means the Tidy website, translation services, related technology and any other services received from Tidy.
“Orders” means any order for Services created by a Customer and accepted by Tidy in the online Platform or via email agreement.
“Source Materials” means the materials provided by Customer for translation and/or proofreading by Tidy.
“Translated Materials” means the materials created by Tidy from the Source Materials.
“Platform” means Tidy’s online platform where you can access your Tidy account and initiate Orders.
“TOS” means these Tidy Terms of Service and any policies or other documents referred to herein.
Tidy reserves the right to amend or to modify these TOS without prior notice to the User. Tidy may suspend or terminate your access to the Service if you do not comply with this TOS or if we suspect misconduct or fraudulent activity.
Tidy is not intended for use by anyone under the age of 18. By using Tidy’s Service, You represent that You are 18 years of age, or the age of majority in Your jurisdiction.
By using Tidy, you agree to:
Provide accurate and complete information when creating your Account (the “Account Information”), including Your legal name and contact information
Keep Account Information updated
Provide your accurate billing information to payment processors
Be held solely responsible for any activity that occurs on your Account, regardless of whether the activities were undertaken by You
Not use another's Account without permission
Keep your Account password confidential and secure
Notify Tidy immediately of any breach of security
Not to contact Translators (or proofreaders) outside of the Tidy Platform
Not defame Tidy or harass the Tidy Team or other Users
Not conduct illegal activity using our Services
Comply with this TOS
Tidy will not be liable for any loss or damage as a result of your failure to provide Tidy with accurate information or to keep your Account secure.
In order to place an Order, User must create an Account with Tidy. This Account should include your legal name and contact information. An Order is initiated by either sending Source Materials to Tidy via email, using an agreed upon Dropbox, or uploading Source Materials to the Tidy Platform.
Your Order is confirmed once You provide payment information and agree to the timeline and pricing set for the Order. Once payment is processed by Tidy and Translator(s) engage the Order, the Order cannot be cancelled for refund.
Tidy cannot guarantee that your Order will be engaged by a Translator. If your Order is not engaged by a Translator, you will be provided a full refund. If Your Order is engaged by a Translator, it will be returned to You when the Translated Materials are completed. Tidy cannot guarantee the exact time of delivery, but will email You when the Translated Materials are ready for review.
You are solely responsible for providing necessary Source Materials for completing your Order. Tidy can make suggestions and/or recommendations to help improve the quality of the Translated Materials. You are not required to provide any additional Source Materials, but the quality of Translated Materials depends on the clarity, accuracy and comprehensiveness of the Source Materials provided by You.
You are also responsible for removing confidential or sensitive information from your Source Materials. All Translators are required to sign Non-Disclosure Agreements, but You are responsible for using discretion with Source Materials. Tidy waives any and all liability related to sensitive or confidential information provided in Source Materials.
Please Note: You agree to review your Translated Materials before using publicly or in any such way that might expose You to liability or indemnity. You expressly agree that Tidy will not have any liability or indemnity obligations to You based on Translated Materials if you fail to do so.
Tidy accepts major credit cards, debit cards and PayPal payments. If You require another form of payment, please contact Tidy at email@example.com. Any payment terms presented to You in the process of using or signing up for paid Services are considered to be part of this TOS.
Tidy uses third-party payment processors to bill You for use of our Services. The processing of payments will be subject to the terms, conditions, and privacy policies of these processors. By choosing to make a payment, You are agreeing to pay us, through third-party payment processors, all charges at the prices for our Services in effect at the time of payment. You also authorize Tidy to charge your payment provider through the payment processor. You agree to make payment using selected payment methods.
All intellectual property rights of the Translated Materials are assigned to You upon Your approval of the Translated Materials and dependent upon Your compliance with this TOS.
If You submit feedback or suggestions regarding Tidy, we may use your feedback or suggestions without obligation to You.
Tidy will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Tidy reserves the right to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that Tidy has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
The Services and Translated Materials are provided “AS IS” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Neither Tidy nor its Translators, officers, directors, members, managers, or employees make any specific promises about the Services. Tidy, including Translators, contractors, Employees, officers, directors, members or managers do not make any commitments or warrants about the specific functions of the Services or their reliability, security, availability or ability to meet Your needs. Tidy provides the Services “AS IS”.
In no event shall either party be liable for any indirect, incidental, special, punitive, compensatory or consequential damages or damages for lost profits or loss of business, however caused and under any theory of liability, including, but not limited to, contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to Services, regardless of whether either party was advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. In no event will Tidy's liability hereunder exceed the amount paid by You to Tidy during the one month period before the event giving rise to liability.
You shall indemnify and hold harmless Tidy, its affiliates, partners, subsidiaries, any related companies, licensors or partners, and each of our and their respective employees, officers, directors, members, managers, contractors, current and past, from and against any and all claims, taxes, losses, damages, liabilities, judgments, settlements, costs and expenses, including attorneys' fees and other legal expenses, arising directly or indirectly from or in connection with: Your use or misuse of the Service, a breach of your obligations under this TOS, Your negligent, reckless or intentionally wrongful act, or Your failure to perform Your obligations or exercise Your rights in accordance with applicable laws, rules and regulations. Tidy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Tidy in asserting any available defenses.
Mindful of the high cost of litigation, You and Tidy agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to: the Tidy Platform; this Agreement; the Services or any other dispute between You and Tidy (the “Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to: (i) Tidy Translation, LLC at: 35 Talcottville Road, Suite 31 #325; or (ii) Your mailing address as listed in Your Account Information. If no such address is provided, the notice shall be delivered electronically via the email address on Your Account. Both You and Tidy agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
This Agreement, and any accompanying appendices, duplicates, or copies, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this Agreement.
This Agreement may be amended only by written agreement duly executed by an authorized representative of each party (email is acceptable).
If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
This Agreement shall not be assigned by either party without the express consent of the other party.
A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
This Agreement is be governed by and construed in accordance with the laws of the State of Connecticut without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of Connecticut. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, HAVING JURISDICTION IN THE STATE OF CONNECTICUT.
Tidy Translation, LLC
35 Talcottville Road, Suite 31 #325
Vernon, CT 06066