Terms and conditions
COMTRANSLATIONS.com is a portal that belongs to COMTRANSLATIONS Online S.L. Company, whose object is to offer professional translation services all over the world. With the support of the best translators, our TrRank method permits us to select the best translation team for each project.
COMTRANSLATIONS is geared towards translation activities for professionals from companies or those self-employed or individuals that require them for a commercial, professional or business activity. It is about a service that is aimed towards professional activities.
Complying with Law 34/2002, of July 11, from the information society services and from the electronic commerce, COMTRANSLATION informs:
Its social denomination is COMTRANSLATIONS ONLINE S.L. Your CIF B84787993
It is inscribed in the Commercial Registry of Madrid in volume 23081; book 0; Page 33;
Section 8ª; Page M413533; Inscription or annotation 2. Its office is located at C/ Ventosilla 19, 28750, Madrid.
COMTRANSLATIONS Online S.L. ("COMTRANSLATIONS") is a portal that offers professional translation services that allows users to request translation services and translators to complete translations in this environment.
The registered users will not be allowed to make any information public, which is obtained in the COMTRANSLATIONS portal web, to any third party. In case of violation of this confidentiality obligation, COMTRANSLATIONS has the right to terminate the use of the portal as a user; offenders will be denied any access to the portal subsequently.
All knowledge and information acquired by COMTRANSLATIONS during a period of any commercial relationship with a client, the translators and their products, will be kept confidential.
Cost of Service
COMTRANSLATIONS reserves the right to change and adapt its rates, fees, taxes, payment policies and payment conditions and conditions of use at their discretion and without prior notice of the modifications that it fulfills in the conditions of the portal.
We require new clients to pay 100% of the cost up front.
For regular clients, as long as the cost of the project is at or below $200 or the equivalent in Euros, the client must pay 100% within a maximum of five days after the translation project has been delivered.
For regular clients, as long as the cost of the Project is over $200 or the equivalent in Euros, the client must pay 50% up front and 50% paid within a maximum of five days after delivery.
For the translation of books, audiovisual projects, large projects, localization, interpretation and others, 50% must be paid before the start of the project, and the remaining 50% should be paid within the next five days, alter the delivery of the translation or service.
In case that there is a special agreement for projects, this special agreement will be established ad hoc through e-mail.
COMTRANSLATIONS may require in certain cases, 100% payment up front for services for regular clients.
Under the certified translation services, the original document will be delivered to the address that was established in the user’s registry, and said transport will be subcontracted out to DHL Transport Company and/or FedEx.
COMTRANSLATIONS is not responsible for the on time delivery of the document or the correct delivery of the translations in question, due to reasons attributed to the transport company, for which it declines all responsibility for all delays.
In case of there being a problem with the transportation, COMTRANSLATIONS may be notified at the points of contact shown in the portal or at the notification address and the incident will be reviewed to see if it deems a re-delivery of the document.
COMTRANSLATIONS does not take responsibility for the transportation of the document to the destination in any case.
The defects or the deficiencies in a part of the translation will not be motive, for any reason, to question the completed translation.
COMTRANSLATIONS, will analyze if it is a formal or substance defect. If it is determined that the error is a formal defect then it will be corrected without any additional cost to the client, as long as it is justified and declared by COMTRANSLATIONS.
In the case where COMTRANSLATIONS decides not to correct it due to it not being a formal defect and of limited relevance, the document should be accepted in the same manner that it was initially delivered to the user.
Exclusion of responsibility
COMTRANSLATIONS and/or co-workers do not recognize any guarantee related to the services offered, except that expressed in these conditions.
COMTRANSLATIONS and/or co-workers exclude their responsibility for direct or indirect damages or for any other damages that may be caused as a result of the execution of the contract and damages to a third party.
Particularly for publicity and promotional material, COMTRANSLATIONS services shall be limited to literal translation, unless the contrary has been specifically agreed upon, since COMTRANSLATIONS services are not geared towards a publicity or promotional environment, well that is not the objective of COMTRANSLATIONS. COMTRANSLATIONS is not obligated to produce the translated text in depth, but instead in a literal sense.
COMTRANSLATIONS does not assume responsibility for those claims or disputes that arise between the translators and users.
The totals that are claimed by users from the portal or its translators will be limited to the amount expressed in the initial receipt total, without assuming COMTRANSLATIONS of other indirect costs for damages to a third party or costs related with a the claim between others and without limited character: lawyer fees, attorney, interest due to delays, damages and prejudices, etc.
Claims will only be taken into consideration if they are received by e-mail at the following address: email@example.com within a period of five days from the delivery of the projects or part of the same ones.
All claims must be accompanied by the original documents, the controversial translations, and an argued and motivated explanation of the suffered incidents.
Without the receipt of a written notification within the previously stated period, the translation will be considered correct and accepted by the client.
COMTRANSLATIONS will not be responsible for any delay caused by faxes that work incorrectly, modems, e-mails and/or other mail not directly controlled by COMTRANSLATIONS.
You are solely responsible for your interactions with other members from COMTRANSLATIONS. COMTRANSLATIONS does not have any obligation to be implicated in any manner with conflicts between you and other members.
The claim for any services offered by COMTRANSLATIONS will be limited in all cases to the receipt total, other additional costs may not be added. Claims caused to a third party will not be admitted.
If you are not satisfied with our work, we will provide another version as soon as possible.
There is a period of five work days from the date of delivery to check the documents, it is understood that once that period has passed without any complaint from the client, the project will be accepted.
In the case where the text requires changes or modifications, it will be considered as additional text; therefore, the additional amount should be consequently paid. COMTRANSLATIONS will not be responsible for any delay due to the request for changes.
Deliveries after the deadline
In case where it is proven that the project is delivered after the deadlines agreed upon for reasons attributed to COMTRANSLATIONS, and that they are properly authorized; the corresponding reimbursement that may never exceed 100% of the established price on the receipt, will be agreed upon between the parties.
Non-payment or payment past the deadline
Any late or non-payment will be cause for the immediate payment of the total amount without prior notice or other formalities or irrefutable requirements by COMTRANSLATIONS. COMTRANSLATIONS reserves the right to request interest calculated according to the official index of Banco de España, caused by the late payment.
Additionally, the client must be made responsible for the any incurred cost by COMTRANSLATIONS in order to conclude any claim.
In case that the project is pending or in process, deliveries will be suspended for lack of or late payment.
In the case where payment has not been made within the agreed period, the client will be advised to make payment the same day in which it is requested.
In the case where payment is ignored, the client will be held responsible for costs caused by the timely claim for the amount being owed.
In the case where the client cancels a work order while the project has been started, almost completed or completed, the total amount for the requested project will be charged, while the client will pay the price agreed upon.
If the project is suspended with sufficient prior notice and COMTRANSLATIONS authorizes it, 50% of the price agreed upon will be billed.
The service fees will be accrued for the use of the Internet or the COMTRANSLATIONS application and its functions.
At the end of each month, you will gather all the Purchase orders sent to you and you will issue your own invoice. This invoice must be sent to firstname.lastname@example.org This invoice must only be sent to this address. If there is anyone else in copy, it will be disregarded.
Accounts will send your invoice to the Project Manager to approve it with you in CC. The project Manager will have 10 nets days to approve the invoice.
The Project Manager will review the invoice against the issued Purchase orders and the confirmed invoice will be sent (with you in copy) to the Accounts department.
If there is inaccurate information in the invoice, the Project Manager will request you to amend the invoice with the correct information.
Our Accounts department will check the fiscal information of your invoice.
The invoice has to reach a minimum of 80.00€/$100.00. If the minimum amount is not reached, the translator will wait until the following month to issue the invoice.
If the amount does not exceed 80.00€/$100.00 after 60 days, the translator may proceed to issue an invoice.
If you have projects in EUROS and USD you will have to issue two separate invoices, one per currency.
Payment of invoices:
1. Each invoice will be paid within 45 - 60 days after the approval date of the invoice.
2. Our Accounts department is responsible to pay the invoices on time, without any delays.
3. Payment is made via Bank Transfer or PayPal.
4. Payment options: PayPal or Bank Transfer:
* Please note that there are commissions charged for Bank Transfers. ComTranslations is not responsible for any bank charges or commissions taken from your bank.
*Similarly, PayPal may charge account holders fees which ComTranslations are not responsible for.
COMTRANSLATIONS will not be made responsible of any defect or failure of the PayPal platform, because the user or translator of that portal should direct a claim, in this case, to such platform.
Payment to the translators will be made as long as the translated document is delivered within the time agreed upon and the translation is correct. Once the translator accepts the translation, he/she is accepting the delivery deadlines for the project, if not met, no payment amount will be made to the translator.
Taxes will be applied according to Spanish Law. The rates for users include applied taxes.
COMTRANSLATIONS is not responsible for determining if the taxes are applied or not in the country or territory of the users or translators.
It will also not be responsible for taxes that have been paid in the respective countries of the translators or users of the portal.
COMTRANSLATIONS is subject to Spanish legislation in reference to the application of taxes or payments that are generated due to its activity.
This agreement and any revision will be valid while the Internet portal is used or if it is a COMTRANSLATIONS member.
You may process the registration cancellation as a member at any moment as long as COMTRANSLATIONS receives the corresponding notification of the registration cancellation through the published contact modes in these particular and general conditions.
The registration cancellation shall not be obstructed, so that COMTRANSLATIONS may claim the total amount that will be pending payment.
COMTRANSLATIONS may restrict any IP, e-mail, user or may terminate your membership at any moment with or without prior notice, and without responsibility when an elicit or inappropriate use of the Internet portal is made as it is explained in the particular and general conditions.
COMTRANSLATIONS reserves the right to delete any content as inappropriate according to the particular and general conditions.
Use by members
COMTRANSLATIONS is focused for professional use by its members. Your quality as a member permits you to publish translation projects, use it as a user or launch a translation project as a translator.
Using COMTRANSLATIONS, you, the user, agrees to be limited by this agreement.
Feel free to leave COMTRANSLATIONS if you disagree.
COMTRANSLATIONS may modify this agreement without prior notice and you will remain connected. If a professional submits a project or requests a translation through the COMTRANSLATIONS portal, he/she is giving permission and will have the right to permit other users to translate the documents and the right to open their content. COMTRANSLATIONS reserves the right to ask the professional to accredit, in writing, the necessary authorizations.
Once a translation request is made, the professional accepts and permits the use of the document so that it may be opened, seen and so that the content will be worked with and made available to all of the translators previously registered as COMTRANSLATIONS members. Only the registered translators will be able to see and work on the project.
The user is aware that the content will be able to be seen by more than one translator, for which COMTRANSLATIONS will not permit any claim be made for this reason.
The commercial relationship with the final client is based on a contract for provided services and never for the end result.
The translators accept work on predefined terms for a professional assignment. The service provided is realized according to the request by the user through the portal.
Translators do not have any right to any portal content, since they are not part of it; they are instead mere collaborators.
The translators do not have the right to utilize trademarks, logos or other content of industrial or intellectual property, the present portal, users’ content, nor of content of the translation services requested.
COMTRANSLATIONS does not have the right over the documents or contents that are published on the Internet portal by professionals or users. The user concedes a limited license to COMTRANSLATIONS to use the content for the present, particular and general conditions, through the publication over any content.
COMTRANSLATIONS keeps the translation property until complete payment is made for the services. The client will not have the right to use the translation until said time.
Any notification that COMTRANSLATIONS must realize, should be made through e-mail at the electronic address that the users provide during the registration process.
Any notification that is sent to the correct address and is returned as rejected or not delivered, will be considered effective from the first date in which such notification was denied due to an electronic mail server error.
COMTRANSLATIONS will receive notifications at email@example.com, other e-mail addresses will not be valid.
1. About this legal notice and its acceptance
The present legal notice (hereafter, the «Legal Notice») regulates the use of the Internet portal «www.comtranslations.com» (hereafter, the «Portal») that COMTRANSLATIONS ONLINE S.L. (hereafter, «COMPANY») puts the Internet at the disposal of the users.
The COMPANY has its home address in Madrid, Spain, it is provided by CIF number B-84787993 and inscribed in the Commercial Registry of Madrid, volume 23081; book 0; Page 33; Section 8ª; Page M413533; Inscription or annotation 2.
The use of the Portal assumes the condition of the user of the Portal (hereafter, the «User») and implies the complete acceptance, without reservations, of all and each of the dispositions included in this Legal Notice in the version published by the COMPANY in the precise moment that the user accesses the Portal. Consequently, the user should attentively read the present Legal Notice each time that he/she utilizes the Portal, since it may have modifications.
The use of certain services offered to users through the Portal, is subject to certain conditions (hereafter, the «Particular Conditions») that according to events; replace, complete and/or modify the present Legal Notice.
Therefore, prior to the use of said services, the User should also carefully read the corresponding Particular Conditions.
Likewise, the use of the Portal is found equally subject to all notices, regulations of use and instructions, made knowledgeable to the User by the COMPANY which substitutes, completes and/or modifies the present Legal Notice.
Through the Portal, the COMPANY facilitates Users the access and use of diverse services and content (hereafter, the «Services»), placed at disposal by the COMPANY or third parties.
3. Conditions of access and use of the Portal
3.1. Free of charge access and use of the Portal
The Services provided by the COMPANY or by third parties through the Portal are subject to the payment of a price that is determined in the corresponding Particular Conditions.
3.2. User Registration
The COMPANY sets conditions for the use of certain Services previously executed by the corresponding registration of the User that is available to those that desire to register at URL www.comtranslations.com.
Likewise, the COMPANY puts some Services at the disposition of the Users, which such use requires completing additional registrations. The cited registration will be completed on the expressively indicated form in the proper service or in the Particular Conditions that regulate it.
3.3. Veracity of the information
All of the information that the User facilitates through the Services should be accurate. For these purposes, the User guarantees the authenticity of all of those facts that he/she communicates as a result of the completion of the necessary forms for the subscription of the Services. In the same manner, it shall be the User’s responsibility to maintain all of the information provided to the COMPANY, permanently updated in a way that it responds in each moment, to the real situation of the User. In any case, the User will be the only one responsible for the false or untrue statements that are made and of the harm caused to the COMPANY or to a third party because of the information it provides.
To make use of the Services, minors must obtain previous permission from their parents, tutors or legal representatives, who will be considered responsible for all of the actions made by the minors under their care.
Full responsibility in the determination of the specific content and Services which minors can access, corresponds to the adults whose care they are under. Since the Internet makes it possible to access content that may not be appropriate for minors, Users are informed that mechanisms exist, in particular information filter and blocking programs, which permit limiting available content and although they are not infallible, they are of special benefit for controlling and restricting the material which minors can access.
3.5. Obligation to make correct use of the Portal and the Services.
The User will be committed to using the Portal and the Services in accordance with the law, the present Legal Notice, the Particular Conditions of certain Services and additional notices, regulations of use and knowledge of instructions, as well as with morals and good practices, generally accepted, and public order.
To that effect, the User will abstain from using any of the Services for elicit purposes or effects, prohibited in the present Legal Notice, detrimental to the rights and interests of a third party or that in any form harm, misuse, overload, deteriorate or impede the normal use of the Services, computer systems or the documents, files and all types of content archived in any informative equipment (hacking) of the COMPANY, from other Users or from any Internet user (hardware and software).
In particular and to a title merely indicated and not exhausted, the User will commit to not to transfer, disclose or put at the disposition of third parties, information, data, contents, messages, graphics, drawings, sound and/or image archives, photographs, recordings, software and in general, any type of material that:
(a) in any way be opposite, belittle or intent against the fundamental rights and the public liberties constitutionally recognized in International Treaties and in the rest of the legislation;
(b) induces, incites or promotes criminal, degenerate, defamatory, slanderous, violent acts or in general, contrary to the law, to morals and good practices generally accepted or to public order;
(c) induces, incites or promotes acts, actions, attitudes or discriminatory thoughts due to sex, race, religion, beliefs, age or condition;
(d)incorporates, makes available or permits access to products, elements, messages and/or criminal, violent, offensive, harmful, degrading services or in general contrary to the law, morals and the good practices generally accepted or to public order;
(e)induces or can induce to an unacceptable state of anxiety or fear;
(f) induces or incites getting involved in dangerous actions, risky or harmful for your health and the psychic equilibrium;
(g)is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that induces or can induce an error concerning its object or intentions or proposals of the informant;
(h)is found to be protected by whatever intellectual or industrial property rights belonging to third parties, without the User previously obtaining necessary authorization from its owners to fulfill the use that executes or pretends to execute;
(i) violates third party Business secrets;
(j) that is opposite to the right of honor, to personal and family intimacy or to self images of the people;
(k) in any way undermines the credit of the COMPANY or third parties;
(l) infringes upon the rules concerning communications secrets;
(m)constitutes, in your case, criminal, deceitful or disloyal publicity, and in general, that constitutes disloyal competence;
(n)incorporates a virus or other physical elements or electronics that damage or prevents the normal function of the Internet, the system or computer system (hardware and software) of the COMPANY or of third parties or that can damage the electronic documents and archives filed in said computer system;
(o)provokes, by its characteristics (such as format, extent, etc.), difficulties in the normal functionality of the Service;
(p)contains HTML labels different from those specifically authorized by the COMPANY.
3.6. Obligation to make correct use of the Content
In conformity with what is disclosed in clause 3.5, the User agrees to using the content put at the disposal of the Users in the Portal, understanding this, without this listing having limited character, the texts, photographs, graphs, images, icons, technology, software, links and other audiovisual content or sound, as well as its graphic design and source codes (hereafter, the «Contents»), in accordance with the law, the present Legal Notice, the Particular Conditions of certain Services and other notices, regulations concerning use and instructions known by you, as well as with morals and good habits generally accepted and public order, and in particular, the User agrees to abstain from:
(a) reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the Contents, Unless authorization is given by the owner of the corresponding rights or if it is the result of legal permission;
(b)deleting, manipulating or in any other form altering the «copyright» and other identifiable data from the rights reserved by the COMPANY or its owners, from finger prints or from any other technical resources established for its recognition.
The User should abstain from obtaining and including trying to obtain the Contents by implementing resources or procedures different from the ones that, according to events, made available to this effect or that have been indicated to this effect on the web pages, where the Content is found or, in general, the ones that are habitually implemented on the Internet to this effect, never entailing a risk of damage or using the Portal, from the Services and/or from the Contents.
3.7. Use of the Services offered in the Portal in accordance with the Anti-Spamming Policy of the company
The User is obligated to abstain from:
(i) gathering data with a publicity purpose and to remit publicity of any type and communications with the purpose of selling and others of commercial nature without mediating his/her previous request or consent;
(ii) remitting any other messages not requested nor previously contemplated by a majority of people;
(iii)sending electronic chain letters not requested nor previously contemplated;
(iv)using distribution lists which can be accessed through Services for the carrying out of activities pointed out in the previous entries (i) to (iii);
(v) making available to third parties, with any purpose, collected data from distribution lists. The Users or third parties affected by the receipt of messages not requested, directed at a group of people, may report it to the COMPANY by sending a message to the following e-mail address: firstname.lastname@example.org.
3.8. Introduction of hyperlinks that allow the access to the Portal web pages and to the Services
The Users and, in general, those people that intent to establish a hyperlink between their web page and the Portal (hereafter, the «Hyperlink») should comply with the following conditions:
(a) the Hyperlink will only permit access to a homepage or initial page of the Portal, but will not be able to reproduce them in any way;
(b)a frame will not be created on the Portal web pages;
(c) will not carry out false statements or directions, incorrect about the COMPANY, its directives, its employees, the Portal web pages and the supplied Services;
(d)will not declare nor imply that the COMPANY has authorized the Hyperlink or has supervised or assumed, in any way, the services offered or made available to the web page where the Hyperlink is established;
(e)exception of those signs that make up part of the same Hyperlink, the web page where the Hyperlink is established will not contain any trademark, commercial name, establishment label, denomination, logo, slogan or other distinctive signs belonging to the COMPANY; and
(f) the web page where the Hyperlink is established, will not have illicit information or content, contrary to morals and good habits generally accepted and for public order, in addition, will not contain anything contrary to third party rights.
The Hyperlink establishment does not imply in any case, the existence of a relationship between the COMPANY and the owner of the web page in which it is established, nor the acceptance and approval by the COMPANY of its content and services.
4. No license
All of the trademarks, commercial names or distinctive signs of any type that appear in the Portal are property of the COMPANY or third parties, and it being understood, that the use or access to the Portal and/or to the Services give the User any right over the cited trademarks, commercial names and/or distinctive signs.
Furthermore, the Contents are the intellectual property of the COMPANY or of third parties, without understanding the yielding of rights to the User, in virtue of what was established in this Legal Notice, none of the rights of exploitation that exist or that may exist over said Content beyond the strictly necessary for the correct use of the Portal and of the Services.
5. Exclusion of guarantees and of responsibility
5.1. Exclusion of guarantees and of responsibility by the operation of the Portal and the Services
5.1.1. Availability and continuity, utility and fallibility
The COMPANY does not guarantee the availability and continuity of the operation of the Portal and the Services. When this is reasonably possible, the COMPANY will warn prior to the interruptions of the operation of the Portal and the Services. The COMPANY also does not guarantee the utility of the Portal and the Services for the realization of any definite activity, nor its fallibility and, in particular, not even in an exclusive manner, that the Users be able to effectively use the Portal and the Services, accessing the different web pages that form the Portal or those from which the Services are provided.
The COMPANY excludes, with all of the extent permitted by the judicial order, any responsibility for the damages and harm of any nature that cause the lack of availability or continuity of the operation of the portal and its services or the defraudation of the utility that the users would have been able to attribute to the portal and its services, to the fallibility of the portal and its services, and in particular, not even in an exclusive manner, to the access failures to the various web pages of the portal or those from which the services are provided.
5.1.2. Privacy and safety of the use of the Portal and the Services
The COMPANY does not guarantee the privacy and safety of the use of the Portal and the Services and, in particular, does not guarantee that unauthorized third parties cannot have knowledge of the class, conditions, characteristics and circumstances of the use that the Users realize from the Portal and the Services.
The COMPANY excludes, with all of the extent permitted by the judicial order, any responsibility for damages and harm of any nature that may be due to the knowledge that unauthorized third parties may have of the class, conditions, characteristics and circumstances of the use that the users realize from the portal and the services.
5.2. Exclusion of guarantees and of responsibility of the Content
The COMPANY does not control nor guarantee the absence of a virus or other elements in the Content that may produce alterations in your computer program (software and hardware) or in electronic documents and files kept in your computer system.
The COMPANY excludes, with all of the extent permitted judicial order, any responsibility for damages and harm that may be due to any nature that may have been due to the presence of a virus or the presence of other elements in the content that may produce alterations in the computer system, electronic documents or files of the users.
5.2.2. Lawfulness, trustworthiness and utility
The COMPANY does not guarantee the lawfulness, trustworthiness and utility of the Content. The COMPANY excludes, with all of the extent permitted by judicial order, any responsibility for damages or harm of any nature that may be due to the transmission, diffusion, storage, availability, reception, obtainability or access to the content, and in particular, although not in an exclusive manner, for the damages and harm due to:
(a) the incompliance of the law, morals and the good habits generally accepted or in public order due to the transmission, diffusion, storage, availability, reception, obtainability or accessibility to the content;
(b)the infraction of the intellectual and industrial property rights of business secrets, contractual agreements of any type, honorable rights, to personal and family intimacy and to the image of people, of the property rights and of any nature pertaining to any third party due to the transmission, diffusion, storage, availability, reception, obtainability or accessibility to the content;
(c) the realization of acts of disloyal competence and illicit publicity due to the transmission, diffusion, storage, availability, reception, obtainability or accessibility to the content;
(d)the lack of veracity, exactitude, thoroughness, ownership and/or update of the content;
(e)the inadequacy for any type of proposal and the defraudation of the expectations generated by the content;
(f) the non-fulfillment, delay with the fulfillment, defective or termination of the fulfillment for any reason of the obligations contracted by third parties and contracts realized with third parties through or with motive for access to the content;
(g)the vices and defects of all types of the content transmitted, diffused, stored, made available or in another manner made available, received, obtained or the ones that were accessed through the portal and the services.
5.2.3. Veracity, exactitude, thoroughness and up-to-dateness
The COMPANY does not guarantee the veracity, exactitude, thoroughness and up-to-dateness of the Content. The COMPANY excludes, with all of the extent permitted by judicial order, any responsibility for damages or harm of any nature that may be due to the lack of veracity, exactitude, thoroughness and/or up-to-dateness of the content.
5.3. Exclusion of guarantees and responsibility for the services provided by third parties through the Portal
The COMPANY does not control nor guarantee the absence of viruses nor of other elements within the services provided by third parties through the Portal that should produce alterations in your computer system (software and hardware) or in electronic documents and files stored in your computer system.
The COMPANY excludes any responsibility for damages or harm of any nature that may be due to the presence of a virus or the presence of other damaging elements in the services provided by third parties through the portal that may produce alterations in the computer system, electronic documents or files of the users.
5.3.2. Lawfulness, trustworthiness and utility
The COMPANY does not guarantee the lawfulness, trustworthiness and utility of the services provided by third parties through the Portal. The COMPANY excludes any responsibility for damages or harm of any nature that may be due to the services provided by third parties through the portal, and in particular, although not in an exclusive manner, for damages and harm that may be due to:
(a) the non-compliance of the law, the morals and good practices generally accepted or public order due to the services provided by third parties through the portal;
(b)the infraction of the intellectual and industrial property rights, of business secrets, of contractual agreements of any type, of honor rights, to the personal and family intimacy and the image of the people, of the property rights and of any other nature pertaining to a third party due to the services provided by third parties through the portal;
(c) the realization of disloyal competent acts and illicit publicity due to the services being provided by third parties through the portal;
(d)the lack of lawfulness, trustworthiness, utility and pertinence and/or up-to-dateness of the content transmitted, diffused, stored, received, obtained, made available or accessible through the services provided by third parties through the portal
(e)the inadequacy for any type of proposition and defraudation of the expectations generated by the services provided by third parties through the portal;
(f) the non-fulfillment, delay or the defective fulfillment or termination because of any cause of the obligations acquired by third parties and fulfilled contracts with third parties in relation with the services provided through the portal;
(g)all types of vices and defects of the services provided through the portal.
5.4. Exclusion of guarantees and responsibility due to the information, content and services and placed outside of the Portal.
The Portal makes technical mechanisms available to Users (such as, among others, links, banners, buttons), directories and search tools that allow Users access to websites pertaining and/or negotiated by third parties (hereafter, «Linked Sites»). The setting-up of these links, directories and search tools in the Portal, which has as a unique objective to facilitate the search and access to information, content and services available on the Internet to Users. The results of search tools are supplied directly by third parties and are due to the automatic functionality of technical mechanisms, because the COMPANY cannot control those results and, in particular, that Internet sites appear between them whose content may appear illicit, contrary to morals or the good habits or considered inappropriate by other motives. In the case where a user considers that any of the sites included in the search results contains illicit information or activity and is interested in requesting the elimination of the link and may put into action the procedure stipulated in the seventh clause of the present Legal Notice.
The COMPANY does not offer or commercialize, through third parties, the information, content and services available in the Linked Sites, nor does it control them previously, approve, recommend or guard nor make them their own. Therefore, the user should maximize the prudence in the valorization and use of the information, existing content and services on the Linked Sites. The COMPANY does not guarantee nor assume any type of responsibility for damages or harm of all types that are due to:
(a) the functionality, availability, accessibility or continuance of the linked sites;
(b)the maintenance of the information, content and services in existence in the linked sites;
(c) the provision or the transmission of the information, content and existing services in the linked sites;
(d)the quality, legality, reliability and utility of the information, existing content and services in the linked sites, on the same terms and with the same range stipulated in the general condition 5.2 and 5.3 in regard to the content and the services provided by third parties through the portal.
5.5. Exclusion of guarantees and responsibility for the Portal use, the Services and the Content by the Users
The COMPANY is not obligated to control and does not control the use of the Portal by the Users, the Services and the Content. In particular, the COMPANY does not guarantee that the Users use the Portal, the services and the Content in accordance with the present Legal Notice and, in its case; with the Particular Conditions that result in the application nor that they do it in a diligent and prudent manner. The COMPANY is also not obligated to verifying and does not verify the identity of the Users, nor the veracity, validity, thoroughness and/or authenticity of the data that the Users provide about themselves to other Users.
The COMPANY excludes any responsibility for damages or harm of any nature that may be due to the use of the services and the content by the users or the lack of veracity, validity, thoroughness and/or authenticity of the data that the users provide other users about themselves and, in particular, although not in an exclusive manner, for the damages and harm of any nature that may be due to impersonation of a third party executed by a user in any type of Communications realized through the portal.
6. Protection of personal data
To use some of the Services, the Users should previously provide the COMPANY certain data of a personal nature (hereafter, the «Personal Data»). The COMPANY will treat the Personal Data with due purpose, as in the conditions defined, in its Protection of Personal Data Policy published in URL www.comtranslations.com.
Necessary personal data is collected through this website for the Management and maintenance of some of our services. Said documents are filed in our filing cabinet that are conveniently inscribed in the Spanish Agency of Protection of Data.
The purpose of the securing of this information is the maintenance of the relationship with COMTRANSLATIONS for the management and administration of its professional profile. Such information will be guarded and managed by COMTRANSLATIONS with its due confidentiality, applying the information security measures in the applicable legislation to impede the access or improper use of their data, its manipulation, deterioration or loss.
You are informed according with articles 5 and 6, among others, of the Organic Law 15/1999, of December 13th, of the Protection of Data of Personal Nature, as in the Real Decree 1720/2007, of December 21st, that in any moment you can exercise your access rights, rectification, opposition or cancellation in relation to such data, directing your request to the owner of the COMTRANSLATIONS files with an address in C/ Ventosilla 19, 28750, Madrid.
You can find forms to exercise your rights on the Protection of Data Agency website. With the purpose of the Management and administration of its professional profile, and as with the maintenance of the judicial relationship of COMTRANSLATIONS with the user, COMTRANSLATIONS will be able to communicate its data to those companies interested in the same or those with whom it signed agreements for the provision of services.
The COMPANY has adopted the security levels of protection of personal data legally obtained and tries to install other technical means and measures of additional protection. Nevertheless, the User must be aware of the security measures on the Internet are not inexpugnable.
The COMPANY may utilize cookies when the User navigates through the Portal’s web pages. The cookies that can be used in the Portal’s web pages are associated only with the navigator from a particular computer (an anonymous User), and will not provide the name and last names of the User. Thanks to the cookies, it is possible for the COMPANY to recognize the navigators of the registered Users after they have registered for the first time, without having to register upon each visit in order to access the areas and Services reserved exclusively for them. The cookies used cannot read the cookie archives created by other providers. The User has the possibility of configuring his/her navigator to be advised, on screen, of the receipt of cookies and to prevent the installation of cookies on their hard drive. Please consult the instructions and manuals for your navigator to broaden that information. It is not necessary that the User allow the installation of the cookies sent by the COMPANY, in order to use the Portal, nevertheless, in such case, it will be necessary that the User register each time that he/she accesses a service that requires prior registration.
The cookies that are used on the sites and web pages of the Portal, may be processed by the COMPANY, in which case they are processed from different servers operated by these, or from the servers from particular third parties that lends services and processes the cookies on behalf of the COMPANY (for example, the cookies that are used to process the publicity or certain Content and that make the User visualize the publicity or certain Content in the time, number of times and in a predetermined manner). As long as it have not activated the option that prevents the installation of cookies on your hard drive, the User will be able to explore his/her hard drive following the instruction manual and help from his/her computer program (normally, in Windows operating systems, you should consult file «C» or the drive unit corresponding/windows/cookies or windows/temporary archives of the Internet) to recognize with major detail, each server from where the cookies are sent and to proceed to its deletion.
7. Procedure in case of the execution of activities of illicit character
In the case where any User or a third party considers that acts or circumstances exist that reveal the illicit character of the use of any Content and/or the execution of any activity on the web pages included or accessible through the Portal, and in particular, the violation of intellectual or industrial property rights (patents, models and industrial drawings, trademarks and commercial names, etc.) and other rights, they should send a notification to the COMPANY, in which contains the following measures:
(a) personal data of the claimant: name, address, telephone number and e-mail address;
(b)specifying the supposed illicit activity carried out in the Portal, and in particular, when it is about a supposed violation of rights, precise and exact indication of the protected content as well as the location on the web pages;
(c) acts or circumstances that reveal the illicit character of such activity;
(d)in the supposed violation of rights, signed manuscript or equivalent, with the personal data of the owner whose rights were supposedly infringed upon or the person authorized to act in name of whom it may concern;
(e)expressed declaration, clear and under the responsibility of the claimant that the information provided in the notification is exact and of illicit character from the use of the content or the execution of the described activities.
All of the notifications and communications (hereafter, the «Notifications») by the User to the COMPANY, will be considered effective for all results, when they are directed to the Customer Service of the User in one of the following ways and order:
Sent via e-mail to the following address:
All of the Notifications by part of the COMPANY to the User will be considered effective for all results, when they are executed in one of the following ways:
In the sense, all of the Notifications that the COMPANY executes for the User, will be considered authentically executed if they have been done using the data through the previously mentioned ways. To these effects, the User manifests that all of the data given by him/her are truthful and correct and he/she commits to communicate all of the changes to the COMPANY related to the notification data.
9. Removal and suspension of services
The COMPANY will be able to remove or suspend at any moment and without the necessity of a previous warning, the providing of Services to those Users that do not fulfill what was established in the Legal Notice.
10. Duration and termination
The providing of the Portal service and of the remaining Services has, in principal, an indefinite duration. The COMPANY, nevertheless, is authorized to terminate or suspend the provision of Portal service and/or any of the Services at any moment, without prejudgment to whatever had been arranged in respect to the corresponding Particular Conditions. When it is reasonably possible, the COMPANY will previously warn of the termination or suspension of the Portal service being provided and of the other Services.
11. Applicable Legislation
The present Legal Notice is ruled in all and each one of its Spanish extremes. The parties agree to submit to the controversies that could surge in the application of the utilization of this portal, to the Courts and Tribunals of Madrid. For any suggestion or collaboration proposal, write to us via e-mail to: email@example.com.