Lingy LTD with its registered office First Floor, 59 Coton Road, Nuneaton, Warwickshire, United Kingdom, CV11 5TS, into the register of under company no. 10191556, VAT ID GB 258 8163 69 of the www.lingy.pro Website
rates in net values (without VAT, if applicable) for serviced rendered through the www.lingy.pro Website, as provided in the course of individual valuation of each order;
ACCOUNT TOP UP
crediting the Client’s account by funds in the amount specified by the Client and in the form selected by the Client according to the principles specified in § 6 hereof;
e-mail address provided by the Client that email enables logging in on the www.lingy.pro Website in the Client’s Account tab, under the panel.lingy.pro link;
an individual, legal person, organizational unit without legal personality to whom the statute grants an ability to purchase rights and incur liabilities that by accepting these Terms makes use of the serviced offered by the www.lingy.pro Website, in accordance with the provisions hereof; which is Consumer or Entrepreneur.
an individual account assigned to a specific Client, used for the purposes of collecting funds in order to secure, pay and settle charges related to the provision of translation Services offered by the www.lingy.pro Website. Funds collected on the Client Account may only be spent for the purposes related to the payment of amounts due to lingy.pro that are connected with the provision of translation Services offered by the www.lingy.pro;
a person visiting the www.lingy.pro Website without logging in on the Website;
an individual making use of the services rendered by lingy.pro in the scope not directly related to their business, occupational activity, craft or trade.
an individual account assigned to a specific Client, used for the purposes of collecting funds paid as deposit as part of the Security Deposit for the purposes of securing the amounts due to lingy.pro. Funds collected on the Deposit Account as part of the Security Deposit may only be spent for the purposes related to securing the amounts due to lingy.pro that have not yet been paid by the Client;
a minimum amount paid by the Client to secure the payment by the Client of claims of lingy.pro on account of Services Performance Agreement performance, which shall be returned solely at the Client’s request following the provision of a service and the payment of all invoice of lingy.pro by the Client. lingy.pro shall be entitled, if amounts due to lingy.pro have not been paid, to set off the amount due on this account, at any time, with the security deposit without the need to make any separate statements of will in this respect;
a character string generated independently by the Client which enables the identification of the Client when logging in on the www.lingy.pro Website;
a tab on the www.lingy.pro Website which allows making use of translations offered by the www.lingy.pro Website after logging in, checking the performance status of reserved services, history of services performed, including access to the translations executed for the benefit of the Client through the www.lingy.pro Website;
payments made with the use of payment services provider in the form of payment by means of an electronic transfer or payment card;
websites functionally related to the www.lingy.pro Website;
an entity that runs business or occupational activity in its own name;
these terms covering the use of services rendered through the www.lingy.pro Website, constituting an integral part of agreements on Translation Services provision executed with the Client that are offered through the www.lingy.pro Website, issued on the basis of Article 8 (1) of the Act of July 18, 2002 on the provision of services by electronic means, available on the www.lingy.pro website;
an amount with which the Client topped up the Client Account, which enables making use of services rendered by lingy.pro in accordance with the Price List, and at the same time the balance of funds that can be used by the Client on the www.lingy.pro Website, to be checked in the Client Account tab after logging in on the Client Account on the www.lingy.pro Website;
a person performing language translations for the benefit of Clients of lingy.pro registered on the www.lingy.pro Website;
an individual account assigned to a given Translator, offering the provision of translation services offered by the portal www.lingy.pro
a tab on the www.lingy.pro Website which allows making use of the performance of translation services offered by the www.lingy.pro Website after logging in, checking the performance status of reserved services, history of services performed, including access to the translations executed for the benefit of the Client through the www.lingy.pro Website;
a written translation of text provided by the Client, also executed in the form of an e-mail;
a written translation of text provided by the Client;
a written translation of content received from the Client, located on the Client’s website;
a written translation of a statement or text provided by the Client, executed by a translator that shall declare that they are a professional translator and they believe it to be a ‘true and accurate translation of the original’ .
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
§1 GENERAL PROVISIONS
- These Terms specify the conditions and scope of services provision by lingy.pro.
- Proceeding to use the services is voluntary and requires acceptance of the Terms and Conditions Price List, Privacy and cookies policy and obligation to comply with their provisions.
- lingy.pro performs, provides services to the Clients enabling them to register on the Portal, establish cooperation with lingy.pro and perform translations, i.e. in particular e-mail translations and other translations, including sworn translations, hereinafter referred to as services. All services rendered by lingy.pro shall be performed in accordance with the provisions hereof.
§2 REGISTRATION AND LOGGING ON THE WWW.LINGY.PRO WEBSITE BY THE CLIENT
- Using the services offered through the www.lingy.pro Website shall be possible after prior registration.
- Data required for Registration shall be provided by the Client on the registration form found on the www.lingy.pro Website, according to the scope specified therein. In particular, the Client shall be obliged to provide the country and address of permanent or habitual residence and also by accepting these Terms the Client represents that it has provided such data in accordance with facts. In the event competent tax authorities declare that the Client has provided data referred to in the preceding sentence as a result of culpable actions or omissions by the Client, the Client shall be liable for damages towards lingy.pro on this account.
- Registration may be carried out by the user or by the consumer service employee of lingy.pro
- Making a request for quotation which commences the process of order performance shall be equivalent with the acceptance of the terms.
- Upon Registration of the service, the Client:
a) accepts the Terms and conditions as well as Privacy and cookies policy,
c) may agree to receive commercial information, as well as to receive the Newsletter by sending it to his e-mail address (newsletter).
- Upon confirmation of the Registration, an agreement is concluded between the Client and lingy.pro, the subject of which are the services provided by lingy.pro within the Portal, under the terms and conditions specified in the Regulations.
- lingy.pro shall be entitled to refuse to perform services offered through the www.lingy.pro Website in the event that:
a) the Client provides untrue data on the registration form,
b) lingy.pro has previously refused to perform services offered through the www.lingy.pro Website due to circumstances for which the Client is liable,
c) there is a justified concern that services provided by lingy.pro will be used for illegal purposes, including purposes violating rights of third parties or in order to commit criminal offences,
d) there is a justified concern that acts that could hamper or disturb the operation of the www.lingy.pro Website will take place,
e) the Client has previously, in person or jointly with other entities or through other entities, used services offered through the www.lingy.pro Website for illegal purposes, including purposes violating rights of third parties or in order to commit criminal offences or in a manner contrary hereto.
- The Client shall be granted access to the www.lingy.pro Website through the Client Account tab on the www.lingy.pro website after logging in, inputting login and password.
- Logging to the Client Account tab takes place after registration by inputting login and password of the Client.
§3 REGISTRATION AND LOGGING ON THE WWW.LINGY.PRO WEBSITE BY THE TRANSLATOR
- The data required for Registration is provided by the Translator in the registration form on the websitehttps://join.lingy.pro/en, In particular, the Translator is required to provide the name, surname, e-mail, telephone, type of activity, street, city, postal code, country, bank account, currency, bank name, language pairs. The Translator declares that he has indicated this data in a manner consistent with the actual state of affairs. In the event that the competent tax authorities find that the Translator has provided the data referred to in the previous sentence as a result of his culpable actions or omissions inconsistent with the facts, he is liable to lingy.pl for damages on this account.
- Registration is confirmed by clicking on the activation link sent to the e-mail address indicated by the Translator during registration.
- Once the service is registered, the Translator:
c) may agree to receive commercial information, as well as to receive the Newsletter by sending it to his e-mail address (newsletter).
- The moment the Registration is confirmed, an agreement is concluded between the Translator andlingy.pro, the subject of which are the services provided by lingy.pro within the Portal, under the terms specified in the Terms and Conditions.
- lingy.pro is entitled to refuse to provide services offered through the Portal lingy.pro in case when:
a) The translator will provide false data in the registration form,
b) lingy.pro previously refused to provide services offered through the Portal lingy.pro as a result of circumstances for which the Translator is responsible,
c) There is a justified concern that the services provided by lingy.pro will be used for illegal purposes, including violating the rights and interests of third parties or for committing prohibited acts,
d) there is a justified axiety of taking actions that could hinder or disrupt the functioning of the lingy.pro Portal,
e) previously, the Translator has personally or jointly with other entities or through other entities used the services offered through the Portal for illegal purposes, including violating the rights and interests of third parties or to commit prohibited acts or in a manner inconsistent with the Regulations.
- The Translator can access the lingy.pro Portal through the tab Translator’s Tab on the lingy.pro website, after logging in and entering the login and password.
- Logging in to the Translator’s Tab is done after registering by entering it’s login and the Translator.
- Further rules of cooperation between the Portal and the Translator, including order processing and remuneration, are regulated in a separate agreement.
§4 AGREEMENT EXECUTION AND RULES OF SERVICES PERFORMANCE
- Services are ordered after the client logs in on the www.lingy.pro Website and submits an order on the Client Account tab concurrently with topping up the Client Account with the amount at least corresponding to the value of the submitted order, according to the prices of services specified on the Website, but the amount of top-up may not be lower than EUR 20.
- After logging in, the following services can be selected:
a) ordinary written translations
b) sworn written translations
- When ordering the translation service, the Client shall on its own specify the deadline for its performance by means of an option located in the Clien Account tab, subject to clause 7.
- Before making an order, lingy.pro shall make available to the Client being a Consumer the Terms, service specification and all contract templates applicable to the service selected by the Client being a Consumer and a summary of terms and conditions of the order for service. The summary shall, in particular, comprise parameters of a selected service, duration of the Agreement and the amount of the charge due for performance of the service.
- The Agreement with the Client being a Consumer shall be deemed executed when lingy.pro confirms the acceptance the order for service. The confirmation referred to in the preceding sentence constitutes a message sent by e-mail containing elements of the Agreement selected by the Client being a Consumer or related to a given Service, including, in particular, the indication of a selected service, its parameters and the amount of charge due on account of performance of a service. The Terms, service specification and all contract templates applicable to the service selected by the Client being a Consumer that have been previously made available and accepted by the Client being a Consumer shall be enclosed to the confirmation.
- The agreement with the Client being an Entrepreneur shall be deemed executed when lingy.pro receives an order submitted in accordance herewith.
- Remuneration for the performance of an order for translation, as specified in § 3 (2) (b), (c) and (d) hereof, as well as the deadline for the performance of translation shall be determined individually after submitting an order by the Client. Deadline for the performance of an order shall commence after the execution of the services performance agreement and after the Client provided all materials necessary for the performance of the service in the form indicated by lingy.pro, after the Client accepts the price of the service determined by lingy.pro and the deadline for performance. Text of non-sworn translation shall be available within the deadline indicated by lingy.pro in the Client Account tab. Sworn translations shall be provided only in writing through the intermediary of a postal operator selected by lingy.pro.
- Orders shall be accepted through the Website 24 hours per day, 7 (seven) days a week.
- The effectiveness of submitting an order and performance of a service shall be conditional upon the Client Account being topped up at least with the amount of remuneration due for performance of the order, as specified in the cost estimation, and the payment of the order on the basis of an invoice.
- The www.lingy.pro Website shall be entitled to record and archive translations unless the Client makes an express objection in respect of recording and archiving a translation.
- Services performance agreement shall be entered into for a definite period of time, i.e. by the time the funds related to topping up the account by the Client have been spent.
§5 RULES OF USING THE WWW.LINGY.PRO WEBSITE
- Each of the Users, Clients or Translators of the www.lingy.pro Website shall be obliged to use services in a manner compliant with applicable provisions of law, provisions hereof, rules of social co-existence and good practices, including to:
a) refrain from any actions that could hamper or disturb the operation of the www.lingy.pro Website and the use of services performed through the Website;
b) refrain from disturbing the operation of computer systems, servers, networks and not to make attempts to circumvent regulations or procedures applicable when using the Website, including the arbitrary interference with the shape or content of sites included in the www.lingy.pro Website;
c) provide true personal data.
d) the non-infringement of third parties’ rights in source material, in particular in terms of copyright, both when commissioning and providing translation services
- It is prohibited for persons using the www.lingy.pro Website to provide illegal content and to use accounts of other Clients or Translators, disclosing own login and password to the Website to other Users.
§6 SUSPENDING THE CLIENT OR TRANSLATOR ACCOUNT
- lingy.pro reserved the right to suspend the Client Account in the cases specified in § 2 (5) hereof and also in the event it has been noticed that the Client has been using the Website for illegal or harmful purposes or purposes contrary to the provisions of applicable law or provisions hereof. The right provided for in the first sentence shall be exercised by lingy.pro after prior notice to the Client requesting removal of violations within 7 days.
- The Client whose account has been suspended may not register again on the www.lingy.pro Website without the prior consent of lingy.pro
- lingy.pro reserved the right to suspend the Translator Account in the cases specified in § 3 (5) hereof and also in the event it has been noticed that the Translator has been using the Website for illegal or harmful purposes or purposes contrary to the provisions of applicable law or provisions hereof. The right provided for in the first sentence shall be exercised by lingy.pro after prior notice to the Translator requesting removal of violations within 7 days.
- The Translator whose account has been suspended may not register again on the www.lingy.pro Website without the prior consent of lingy.pro
- The Client, when making an order, has the option to select the method of payment in order to top up the Client Account or to execute payment for the relevant order, i.e.:
a) payments made by electronic transfer, comprising non-cash payments made by online transfer;
b) payments made by traditional transfer carried out outside the Internet;
c) payments made by means of payment cards comprising non-cash payments made by payments cards which have been admitted by banks for the purposes of carrying out transactions online;
d) payments made by other methods allowed by lingy.pro on the basis of individual arrangements with the Client.
- Payment order shall be submitted by means of a form to which the Client is directed from the Client Account after clicking TOP UP YOUR ACCOUNT option where data of recipient of the payment order, amount of payment and title of payment are to be specified.
- Payments through the intermediary of payment operator may be carried out only by persons authorized to use a given instrument on the basis of which the payment is conducted – detected cases of abuse shall be without undue delay notified to the competent bodies.
- Payments are conducted with the use of SSL (Security Socket Layer) secure acces protocols.
- Confirmation of making the payment, including topping up the Client Account, shall be sent in the form of an e-mail provided to the Client’s address indicated in the registration form.
- Information about current prices of services performed through the www.lingy.pro Website are described on the Website. lingy.pro shall be entitled to change the Price List at any time. Making an order by the Client shall be equivalent to accepting the prices of services applicable on the Website.
- Funds (deposit) provided by the Client in the manner specified in § 7 shall be added to the Deposit Account for the purposes of securing, paying and settling amounts due related to the performance of services offered through the www.lingy.pro Website.
- In the event of the failure to pay amounts due to lingy.pro on account of a service, lingy.pro shall be entitled to cover such amounts from funds collected as Security Deposit on the Deposit Account.
- The amount of funds collected on the Deposit Account shall be determined within 7 days of the day when the service was performed.
- In the event after the performance of a given translation service, the amount of funds on the Deposit Account exceeds the amount of amounts due to lingy.pro on account of performance of a given translation, the difference shall be credited first by lingy.pro towards existing or future amounts due to lingy.pro, and should there be no existing amounts due shall be returned to the Client at its request within 7 (seven) days of receiving the return request.
- The Client shall be notified of the result of settlement referred to in clause 3 to the e-mail address provided in the Client Account.
- lingy.pro does not carry out proportional settlements of funds collected on the Deposit Account, which means that such funds have to fully cover amounts due to lingy.pro on account of performing a service.
- The balance on the Client Account is available for the Client in the Client Account tab.
- lingy.pro issues VAT invoices in accordance with applicable provisions of law.
- The Client covers the costs related to carrying out payments.
- If the Client fails to pay charges within the period indicated in the summary of terms and conditions of an order and confirmation of the order, the services performance agreement expires.
§7A BONUSES FOR TOPPING-UP
- For each top-up conducted in Customer Account specified in § 6 section 1(a & c), Customer shall receive additional Bonus resources in the gross amount of:
a) Top-up EUR 50 -> Bonus EUR 5
b) Top-up EUR 100 -> Bonus EUR 15
c) Top-up EUR 250 -> Bonus EUR 50
- Bonus resources shall be used solely for the purpose of purchasing services provided through the Portal.
- Bonus resources shall be neither transferred to Customer’s bank account nor paid in cash.
- Customer can use the Bonus resources obtained due to the specific top-up at any time. Bonus resources shall not be reimbursable, especially if the Customer shall delete the Account.
- All information regarding the balance of Client Account as well as recognized Bonus resources shall be available at Client Account.
- lingy.pro shall not be responsible for any potential liabilities and tax settlements resulting from the use of Bonus resources.
§8 CONFIDENTIALITY CLAUSE
- Any information, source documentation, auxiliary materials, conducted translations, oral information provided by the Client shall be treated by lingy.pro as confidential and shall be in no way disclosed to third parties, save for translators, employees and collaborators of lingy.pro in relation to the performance of a translation service.
- The confidentiality clause shall not apply to information and materials that are publically available.
- Each party shall ensure that in the performance of its obligations under these Terms and Conditions it will at all times comply with relevant provisions of the Data Protection Act 1998.
- lingy.pro represents that it makes every effort to provide users and Clients of the Website with the highest level of security in respect of securing the Client Account, its contents and provided content against unauthorized persons. Any information about events that could endanger the safety of using the www.lingy.pro Website are to be communicated to email@example.com At the same time, lingy.pro recommends that persons using the Website use software intended to protect data, especially anti-virus software.
- lingy.pro shall be liable for non-performance or improper performance of a service in accordance with applicable provisions of law.
- Subject to mandatory provision of the British law, provisions of the Terms or Services Performance Agreement, the liability of lingy.pro towards the Client shall be limited to the amount of loss and together with liability on account of contractual penalties shall not exceed the amount of the charge paid by the Client on account of performing a given service. The limitation of liability of lingy.pro specified in this clause shall not apply towards the Consumer.
§10 COMPLAINT PROCEDURE
- In connection with non-performance or improper performance of a Service, the Client shall be entitled to submit a complaint.
- The Client being an Entrepreneur shall be obliged to submit a complaint referred to in clause 1 within 14 (fourteen) days of the day when the Client being an Entrepreneur became aware of the event constituting the basis for the complaint.
- The complaint should include:
a) indication of the Client’s data in a manner that enables identification of the Client;
b) indication of the name of the service offered through the www.lingy.pro Website to which the complaint relates;
c) object of complaint;
d) circumstances justifying the complaint;
e) indication of a demand.
- A complaint should be sent in writing to the address of lingy.pro indicated herein or to the e-mail address specified by lingy.pro as address for contact. Complaints can also be submitted through the form found on the www.lingy.pro website in the Contact tab.
- Confirmation of a complaint being accepted for consideration by lingy.pro shall be sent to the e-mail address indicated by the Client in the complaint within 4 (four) days of the effective receipt of the complaint.
- The Complaint should be considered within 10 (ten) days of confirmation of the complaint’s receipt in the manner specified in clause 5. The period in which the complaint in being supplemented shall not be included in the deadline for the complaint consideration which, in the event it is necessary to supplement the complaint, shall commence only after the provision of a supplemented complaint.
- In the event of a justified need, the deadline for the complaint consideration may be extended by another 14-(fourteen)-day period after the Client has been notified to the e-mail address indicated in the Client Account in the case of a complaint with a longer period of complaint consideration. The provision of the first sentence shall not apply to Consumers.
- Should the complaint fail to include any elements specified in clause 3, the Client shall be requested to remedy the deficiencies of the complaint.
- Resolution of a complain together with a justification shall be sent to the Client to the e-mail address indicated in the complaint.
§11 INFORMATION ABOUT RIGHT OF WITHDRAWAL
- Only the Consumer is entitled to a 14-day withdrawal period. Consumer has the right to withdraw from this agreement, as referred to in the § 2 paragraph 6 of the Terms and Conditions. within 14 days without giving any reason. The expiry date will expire 14 days after the date of conclusion of the agreement.
- To exercise the right of withdrawal, Consumer must inform lingy.pro of their decision to waive this agreement by a clear statement (for example, a letter sent by e-mail). Consumer may use the withdrawal form template, however this is not mandatory. To keep the deadline for withdrawal, it is enough to send information on exercising the right of withdrawal from the agreement before the deadline for withdrawal.
- In the event of withdrawal from this agreement, lingy.pro will refund all unused payments received from Customer, including the cost of delivery of the items (except for the additional costs resulting from Customer’s choice of delivery other than the cheapest ordinary delivery method offered by lingy.pro), not later than 14 days after lingy.pro was informed of Customer’s decision to exercise their right of withdrawal from this agreement.
- lingy.pro will refund payment using the same payment methods as Customer used in their original transaction, unless Customer has expressly agreed otherwise; in any case Customer will not incur any fees in connection with the return.
- If Customer has requested to begin providing services before the expiration of the withdrawal period, Customer will pay us the nominal amount (in the price of the service, excluding promotional, discounted, non-subscription prices) of the services provided until Customer informs lingy.pro to withdraw from this agreement.
- In the case of ordering the translation services referred to in § 4 paragraph 2 of the Terms and Conditions, the following shall apply, the Consumer does not have the right to withdraw from the contract, because by ordering these services, the Consumer expresses his explicit consent to their full performance and is informed before placing the order that after the performance is completed, he will lose the right to withdraw from the contract, and in addition, some of the translations are delivered in the form of digital content that is not stored on a material carrier and the Consumer agrees to start the performance before the expiry of the withdrawal period and after being informed by Lingy Ltd about the loss of the right to withdraw from the contract.
§12 FINAL PROVISIONS
- Lingy.pro reserves the right to issue separate promotional regulations, the right to issue separate regulation lingys for particular services and the right to amend these Terms, subject of the provisions below.
- Information about amendments hereto and issuance of separate regulations shall be sent to the Client by e-mail to the e-mail address indicated by the Client as the contact address.
- Amendments hereto and separate regulations shall also be published on the www.lingy.pro website.
- Amendments hereto and separate regulations shall enter into force upon the lapse of 14 (fourteen) days of their being notified by e-mail so that the Client is able to familiarize itself with their contents, in accordance with clause 3 above.
- The Parties agree that the Client shall be deemed to have accepted amendments hereto if it did not terminate the Services Performance Agreement by the end of the period specified in clause 4 above. The right to terminate the Services Performance Agreement shall not be granted in the event amendments hereto relate only to the service which is not covered by the Services Performance Agreement and which the Client does not use or to the introduction of a new service.
- British law shall be applicable to the assessment of rights and obligations of lingy.pro and the Client as well as to matters not covered hereby or by the Agreement.
- Provisions hereof do not violate rights of the Consumer resulting from applicable provisions of law which shall prevail over the provisions hereof.
- The Client being a Consumer shall be entitled to apply out-of-court complaint and redress mechanisms by applying to consumer organizations (Permanent Consumer Arbitration Courts, Regional/Municipal Consumer Ombudsmen).
- The Client has the right to terminate the concluded agreement referred to in §2(6) and §3(4) of the Terms and Conditions (which is tantamount to a request to delete the account in the Portal), by sending an appropriate statement to firstname.lastname@example.org. The termination of the agreement (account deletion) shall take place after 14 days from the request.
- Protection of User’s personal data and other issues vital for their privacy on the www.lingy.pro Website is regulated by the “Privacy and Cookies Policy” available on particular sites of the Website. Privacy and Cookies Policy constitutes an integral part hereof.