1. Your relationship with Swan
Swan Translations is solely owned and operated by Agencija za prevođenje Swan. Your use of Swan Translations' services and web site (referred to collectively as the "Services" on this document) is subject to the terms of a legal agreement between you and Swan Translations. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Swan Translations, your agreement with Swan Translations will always include, at a minimum, the terms and conditions set out in this document. It is important that you take the time to read this carefully. Collectively, this legal agreement is referred to below as the "Terms".
In order to use our Services, you must first agree to the Terms. You may not use our Services if you do not accept the Terms
You can accept the Terms by actually using the Services. In this case, you understand and agree that Swan Translations will treat your use of the Services as acceptance of the Terms from that point onwards.
2. Exclusion of Warranties
2.1 Nothing in these terms, shall exclude or limit Swan Translations' warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law
2.2 You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and "as available."
2.3 In particular, Swan Translations, its subsidiaries and affiliates do not represent or warrant to you that:
(a) your use of the Services will meet your requirements,
(b) your use of the Services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the Services will be accurate or reliable
2.4 No advice or information, whether oral or written, obtained by you from Swan Translations or through or from the Services shall create any warranty not expressly stated in the terms
2.5 Swan Translation further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
3. Limitation Of Liability
3.1 SUBJECT TO OVERALL PROVISION IN POINT 2 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWAN TRANSLATION, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF OUR TRANSLATION
- ANY CHANGES WHICH SWAN TRANSLATIONS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE MELBOURNE TRANSLATION WITH ACCURATE INFORMATION;
3.3 THE LIMITATIONS ON SWAN TRANSLATIONS' LIABILITY TO YOU IN POINT 3.1 ABOVE SHALL APPLY WHETHER OR NOT SWAN TRANSLATIONS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
4. Refunds Policy
4.1 With your use of the Services, you accept that the amount of refund issued, upon request, is solely decided by the client manager for each assignment.
4.2 With your use of the Services, you accept that refund are hardly ever issued for cancellations.
4.3 A full refund request will only be considered if no translation work has started for a particular assignment.
5. Delivery Policy
5.1 Delivery of translation services will be provided by email.
5.2 Certified translations may be posted to the client's given address if this is stated by email before job commencement.
5.3 Swan Translations does not guarantee the postage services provided by Serbian Post or any other mail provider in the delivery of hard copy of document translations.
5.4 Swan Translations does not provide or assume responsibility for investigating failed delivery by Serbian Post or any other mail provider. With your use of the Services, you accept that any repost of translations will incur additional postage and handling costs for the client, as decided by Swan Translations, and is subject to delays.
5.5 With your use of the Services, you accept that the translator(s) makes the final decision for any changes requested with regards to translations delivered.
5.6 With your use of the Services, you accept that all changes requested for translation must be communicated clearly in writing via email for consideration, and for further delivery if changes are made to the translations.
5.7 With your use of the Services, you accept extract translation may be provided if determine appropriate by the translator for the delivery of certified translations.
All knowledge and information expressly identified by you in writing as confidential which Swan Translation Services acquires shall be maintained in confidentiality by Swan Translation Services and used only for the purposes of providing the Services. Unless expressly authorized by you in writing, these knowledge and information shall not be published by Swan Translation Services and shall not be authorized by Swan Translation Services to be published by others.
7. Legal Responsibility
With your use of the Services, you guarantee that the requested translation does not infringe any copyright or any other right derived from the intellectual or industrial property of the documentation delivered for translation and that it will not be destined to any illegal use. Similarly, you guarantee to maintain Swan Translation Services independent of any claim presented by third parties to this respect.