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1.     DEFINITIONS

In these General Terms of Use (GTU), unless the context requires a different interpretation, it is agreed that the following words or expressions, whether in the singular or plural, will have the following meanings:

"Customer": designates a natural or legal person wishing to benefit from a translator's translation or proofreading services.

"Translator": designates a natural or legal person who wishes to provide translation or proofreading services.

"Contract": designates the direct contractual relationship agreed between the translator and the customer through the site.

"Translated content": designates the content resulting from the provision of translation or proofreading services, whatever the language, format or purpose.

"User account": designates the account that any translator or any customer has to create before using the site.

"User Profile/Account": designates all information accessible on the site relating to a translator or a customer.

"Site/Platform": designates BEELINGWA's internet site, www.beelingwa.com.

 

2. ACCEPTANCE OF THESE GENERAL TERMS

2.1       By creating a user account, a natural person who registers for any of the services offered by BEELINGWA agrees - unreservedly - to these terms.
If a natural person is creating a user account on behalf of a legal person, they must be their legal representative or have obtained their express permission. The legal person in whose name the user account has been created, also accepts these terms and conditions. The natural person who signs will act as a guarantor for the legal person to whatever extent necessary.

2.2      BEELINGWA reserves the right to change these terms at any time without notice. Any such changes will be introduced solely by updating the online version of the general terms. Any use of the services offered by BEELINGWA after publication of amended terms entails their full acceptance

 

3.         DESCRIPTIONS OF THE SERVICE

3.1       BEELINGWA is a platform that enables interaction between customers and language service providers (translation and proofreading). 

BEELINGWA enables translators to:

(i)    receive job offers from customers;
(ii)    apply for jobs that interest them;
(iii)    benefit from greater online visibility

 

 

4.         USE OF THE SERVICES

4.1       CREATION OF A USER ACCOUNT 

Translators who wish to apply for jobs offered on BEELINGWA's platform must create a "user account". 
It is the sole responsibility of all translators to ensure that they are: 
(i) either a natural person who has reached adult age according to the law in their country; 
(ii) or a legal person.

Any translator who contacts the site, or applies to be registered, is presumed to have the authority to enter into a contract with regard to the law in their country. If they do not have this authority, or if for some reason they lose it, it is their sole responsibility to notify BEELINGWA immediately. Unless any such notification is received, the person is presumed to have the authority to enter into a contract.

When registering, the translator undertakes to provide accurate, complete and truthful information. The use of a pseudonym, or any other name that does not comply with their civil status and/or legal data, or any other name that would have the effect of concealing their true identity is formally prohibited. Furthermore, translators undertake not to create a user account for a third party, or to allow a third party to use their account. All translators are responsible, and remain responsible, for the confidentiality of their password. Translators should notify BEELINGWA immediately if they suspect that their account is being used fraudulently. 

Failure to respect any of the provisions of this article may result in the removal of the translator's user account and user profile.

 

4.2. APPROVAL OF USER ACCOUNTS

After creating and editing their user account, the translator accepts to take aptitude tests to evaluate their expertise in translation/proofreading to be able to apply to client offers. The translator undertakes to perform the aptitude test without any external help of any nature whatsoever. This test enables BEELINGWA to award a score between 0 and 5. If the translator receives a score of less than 3, their account will not be validated and the translator cannot benefit of the services offered by BEELINGWA.

The translator is aware that, given the large number of candidatures received, the analysis and correction of their aptitude test can take several weeks. The evaluation process is explained in detail on the "Translator" page of this site.

 

4.3       ETHICAL CODE

The following activities are formally prohibited on BEELINGWA's platform:

• the translation/proofreading of a text whose content goes against accepted standards of moral behaviour or the law, or which vindicates violence, hatred or racism;

• the translation/proofreading of a text that could infringe upon the universal or individual rights of a natural or legal person;

• the making of defamatory or insulting remarks about a legal or natural, living or deceased, person.

BEELINGWA reserves the right to remove, without prior warning or notice, any content on this site that constitutes or could constitute a flagrant violation of these general terms, or a breach of public order or accepted standards of moral behaviour. Translators will readily accept any such removals and may not claim any form of compensation whatsoever.

 

4.4       JOB EXECUTION TIMES

The time that a job should take is calculated automatically based on the number of words to translate. Before applying for a given job, translators will check their availability and their capacity to deliver the translated content to the customer within the specified time; this will involve checking the quality of the source text, the number of words, the accompanying instructions and anything else likely to affect the time required to complete the task. Any delay in the delivery of translated content in relation to the specified time may result in a decrease in the rate paid to the translator.

 

4.5       APPROVAL OF TRANSLATED/PROOFREAD CONTENT

4.5.1     BEELINGWA subjects all of its translators to rigorous aptitude tests and only selects the best. The fact that translators have to pass this test, and the evaluations of their work left by other customers, provide a guarantee that the site is operating successfully, and that the services offered are of a high standard. However, Beelingwa customers have the right to approve or reject the translated content, and our translators are bound to respect this right.

4.5.2    Customers have a period of three (3) working days from the submission of the translated/proofread content to review it. Within this three day period, the customer has a choice of several options:

  1. approve the translated content and allocate a score of between 0 and 5 to the translator;
  2. reject the translated content. The translator must then choose between accepting the customer's rejection and reworking the translated content, or disputing the customer's rejection;
  3. not respond within the three (3) day period. In this case, the translated/proofread content is automatically considered to have been accepted by the customer, and will be approved on an irrevocable basis.

4.5.3    In the event of irresolvable conflict or a deadlock between the translator and the customer, BEELINGWA may - at the customer or translator's request - offer assistance, notably by seeking the opinion of a mediator:

  • If the mediator considers that the customer's rejection is justified, then the order will immediately be reissued. The translator is then bound to rework the translated content to the customer's complete satisfaction (insofar as the latter corresponds to the original request), and without compensation. In this case, the costs of the mediation/proofreading will be borne by the translator;
  • If the mediator considers that the customer's refusal is unjustified, the content will be considered to have been approved, and the customer will be invoiced for the additional costs of the mediation/proofreading.

In all cases, the translator acknowledges and accepts that BEELINGWA's assistance in the settlement of disputes between customers and translators consists of an additional service offered by BEELINGWA, but that it cannot in any way engage the latter's responsibility in the event that the contract is not completed. Translators cannot make any claim against BEELINGWA; they accept this on a full and unconditional basis, and also that BEELINGWA cannot be held liable for any form of compensation whatsoever, in particular in the event that translated content is permanently rejected.

 

4.6       CONFIDENTIALITY

4.6.1     BEELINGWA, its translators and any other person involved in a contract are required to respect the strictest confidentiality, in compliance with legally set periods, with regard to information and data received from the customer. All relevant parties undertake not to communicate any information received to a third party. During the fulfilment of a contract, each party is solely responsible for their adherence to this confidentiality principle, and must abide by it rigorously.

4.6.2     Confidentiality is essential in relations with BEELINGWA; this includes relations with customers, translators and any other entity involved. By creating an account at BEELINGWA, the translator expressly acknowledges that failure to comply with this confidentiality principle will result in the automatic removal of the translator's account and the preparation of a closing financial statement. 

 

5.         INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS

5.1       THE TRANSLATOR'S INTELLECTUAL PROPERTY 

Any information that is provided by the translator remains entirely their property, whether or not it is publicly available on the site. Within the limits of the purpose of the contract and to enable appropriate execution of the requested services, the translator grants BEELINGWA a non-exclusive, personal and non-transferable right to use all information provided in this way, and in particular regarding their second name, first name, company name, commercial name, trade name, image, brand, logo, design, model, format, photographs, sound, music, video and any other distinctive signs and all elements that may be protected by industrial property or intellectual property rights.

5.2       BEELINGWA'S INTELLECTUAL PROPERTY

BEELINGWA is the sole owner of the site and all elements of the site such as brands, logos, texts, styles, graphics, photographs, videos, information, applications, software, files, databases and other elements, on which it retains all its rights, in particular its intellectual property rights. None of the provisions of these terms or the site may be interpreted as an assignment or transfer, even on a tacit or implied basis, if only of a simple personal, and non-transferable right to use the site or one or more of its elements. BEELINGWA is the sole owner of any expertise that it may acquire during the execution of a contract or the operation of its site.

5.3      THIRD PARTY RIGHTS

When the rights relating to elements provided by the customer belong to a third party, the customer guarantees that they have all the rights necessary to enable them to authorise BEELINGWA to use the aforementioned element. It is thus the customer's responsibility to manage and/or negotiate with third parties the rights or permissions relating to this element before sending it to BEELINGWA. In this regard, the customer undertakes to release BEELINGWA from and hold it harmless against any eviction, claim, proceedings, judgement or damage to third parties that may occur due to the use and/or distribution by BEELINGWA of any element that has been provided or published by the customer (identity theft, misleading advertising, unfair competition, denigration, defamation, products or services of which the advertising, sale or manufacture is prohibited, violations of privacy, protection of personal data, violation of intellectual property rights, etc.). In particular, in the event that a third party holds any rights or claims whatsoever to an element provided or published by the customer, BEELINGWA will be entitled to suspend the execution of the contract without any further formalities or notice, or take any protective or other measure it deems appropriate

 

6.         FINANCIAL TERMS

6.1       INVOICING AND PAYMENT

The rates are determined and calculated according to the number of words to be translated and the field of expertise. The translator's remuneration will be clearly indicated in the project summary. The reference currency for all transactions with BEELINGWA is euros (€). As soon as an order has been confirmed and a linguist has been selected, the customer will be invited to pay the sum specified for the execution of the contract.

Beelingwa will then pay the translator via HiPay one month after the customer has approved and accepted the project

 

7.         FORCE MAJEURE

BEELINGWA reserves the right not to carry out or to suspend its services and to suspend the operation of its website, without formalities or notice, in the event of force majeure or accidental events such as fire, storms, floods, internal strikes, power surges or electrical shocks, freezing/crashing or significant slowing-down of computer or telecommunications networks and, more generally, any unforeseeable, uncontrollable or external circumstance which prevents the execution of the contract or the proper functioning of the website.

 

8.         OBLIGATIONS AND RESPONSIBILITIES

8.1       THE TRANSLATOR'S OBLIGATIONS AND RESPONSIBILITIES

8.1.1     The translator undertakes to comply with these general terms, Belgian laws and regulations, and the laws and regulations in their country of origin, when these do not conflict with those in Belgium.

8.1.2     The translator undertakes to respect the deadlines agreed with the customer and, in the event of a delay in the delivery of the translated content, to accept the corresponding decreases in remuneration that may result.

8.1.3     By registering as a translator on the BEELINGWA website, the translator irrevocably agrees not to circumvent - deliberately or not - the contact system offered by the site and in particular not to deal directly or indirectly with one or more customers who have been or are in contact with BEELINGWA, with a view to offering translation or proofreading services outside of the site, when the site would have enabled contact between the customer(s) and the translator(s).

8.1.4     The translator is and remains solely responsible for (i) information provided in their user account and user profile, whether or not such information is public or private, (ii) documents and information that they send to other translators, customers and BEELINGWA, (iii) and more generally any other element downloaded or published on, from or through the site or through its intermediary, or sent, shared or exchanged with other users via the site.

8.1.5    The translator undertakes not to damage the integrity of the site and of BEELINGWA. In this respect, the translator in particular undertakes not to:

  1. use the site in a manner that infringes these general terms, the laws and regulations of their country of origin and/or Belgian laws and regulations,
  2. damage, disable, overload or alter the site, or attempt to do so.
  3. to use automatic scripts or any other technology to extract or collect information from the site or through it or to interact with it,
  4. to upload, publish, send, share, store, make available or distribute, in any manner whatsoever and for whatever reason, on or via the site, anything containing computer viruses or any code, file or computer programme designed to interrupt, destroy, damage or reduce the functionality of software, computer or telecommunication equipment belonging to the site, users of the site or a third party,
  5. upload, publish, send, share, store, make available or distribute, in any manner whatsoever and for whatever reason, on or via the site, any content which infringes civil or criminal law, totally or partially prevents others from using the site, or is harmful to BEELINGWA or its users or engages their responsibility in any way whatsoever,
  6. send, put online, exchange or share on or through the site, any content that could engage their own liability, that of the users of the site including the customers, that of BEELINGWA and/or its directors, associates, employees, or partners, towards third parties.

 

8.2       BEELINGWA'S OBLIGATIONS AND RESPONSIBILITIES

8.2.1     The customer is and remains solely responsible for the content to be translated. More generally, BEELINGWA is not responsible for any content passing through the site that it did not put online itself, irrespective of the format, language, sender or recipient. The translator is required to notify BEELINGWA immediately of any illegal content and, more generally, of any content passing through its site that does not comply with the ethical code set out in provision 4.2.

8.2.2     BEELINGWA will make every effort to ensure that the site remains available at all times. However, translators acknowledge that due to the nature of the Internet, this is not always possible, and access to translator's user accounts and user profiles cannot be guaranteed. Access to the site and the translator's user account and user profile may - especially for technical reasons (repairs, maintenance, updates etc.) - be suspended or limited, even though BEELINGWA will make every effort to reduce the frequency and duration of such suspensions or limitations.

8.2.3     BEELINGWA may not be held liable for content that is proofread or translated through its services. If necessary, BEELINGWA will provide the relevant authorities with the contact details of the translator responsible for the content concerned.

8.2.4     BEELINGWA cannot be held liable for any direct, indirect, accidental, special, consequential or exemplary damage, regardless of how it may have been caused or the liability invoked, including and without limitation, losses of profits (direct or indirect), losses of goodwill or reputation, losses of data that the translator may sustain, the costs of providing substitute goods or services or any other non-material loss.

8.2.5     In all cases where, under Belgian law or regulations, BEELINGWA is declared responsible by a final court decision, BEELINGWA's responsibility to a translator shall under no circumstances exceed the total amount of remuneration that the translator has received from BEELINGWA since the opening of their user account.

 

9.         BREACH OF GENERAL TERMS BY THE TRANSLATOR

Without prejudice to other means of redress, BEELINGWA reserves the right to limit, suspend, terminate or prohibit access to its website, services, and the translator's user account and/or user profile without any prior warning being necessary. BEELINGWA will have sole authority to determine the appropriate measures to be taken. BEELINGWA also reserves the right to take any technical measures to prevent one or more users, that may be customers or translators, from accessing the site and its services, if BEELINGWA considers that their behaviour is (i) causing problems, in particular that this behaviour could compromise the security of the site or other users, or that it could lead to the engagement of the liability of a user, BEELINGWA, its directors, associates, partners, or employees, or  (ii) does not comply with these general terms or laws and regulations in force in Belgium or in the user's country of origin.
Any such action by BEELINGWA will take effect without any form of compensation being due to a user or a third party, except in the case of a serious error on the part of BEELINGWA.

 

10.      TERMINATION

Either party may unilaterally terminate the contract governed by these general terms in the event of serious failure by the other party to uphold any of its basic contractual obligations that has not been resolved within eight (8) calendar days following the sending a formal notification by registered letter with acknowledgement of receipt or by email with acknowledgement of receipt. In the event of the termination of the contract governed by these general terms, in the circumstances described above, and if this occurs while a contract is being executed, the parties agree that the termination of their contract will become effective after the completion of the active contract. However, the translator will no longer be able to benefit from BEELINGWA's services or its site to subscribe to new contracts after the expiry of the above-mentioned period of eight (8) calendar days.

 

11.      GENERAL PROVISIONS

•    BEELINGWA reserves the right to change the content and specifications of services at any time and without notice.

•    BEELINGWA may collaborate with third parties to provide services to its customers. These third parties are authorised and accepted by the translator.

•    The translator agrees to receive electronic communications from BEELINGWA, to the email address provided during registration. This email address may be changed at any time via the user interface.

•    The translator is solely responsible for any activity that takes place in connection with their user account, and undertakes to respect current laws in the context of their use of services offered by BEELINGWA.

•    The translator undertakes not to copy, alter or create a derivative work, to disassemble, reverse engineer, decompile or attempt in any other way to extract the source code of all or part of the services offered by BEELINGWA, unless they have BEELINGWA's express prior authorisation.

•    If one of the provisions of these terms is declared invalid by a competent court, that provision will cease to apply, without affecting the other provisions of BEELINGWA's general terms, which will retain their full force and scope.

•    These terms are governed by Belgian law. BEELINGWA and the translator expressly agree, on an irrevocable basis, to submit any dispute arising over these general terms to the exclusive jurisdiction of the territorially relevant courts in relation to BEELINGWA's registered head office.

 

1.     DEFINITIONS

In these General Terms of Use (GTU), unless the context requires a different interpretation, it is agreed that the following words or expressions, whether in the singular or plural, will have the following meanings:

"Customer": designates a natural or legal person wishing to benefit from a translator's translation or proofreading services.

"Translator": designates a natural or legal person who wishes to provide translation or proofreading services.

"Contract": designates the direct contractual relationship agreed between the translator and the customer through the site.

"Translated content": designates the content resulting from the provision of translation or proofreading services, whatever the language, format or purpose.

"User account": designates the account that any translator or any customer has to create before using the site.

"User Profile/Account": designates all information accessible on the site relating to a translator or a customer.

"Site/Platform": designates BEELINGWA's internet site, www.beelingwa.com.

 

2. ACCEPTATION DES PRESENTES CONDITIONS GENERALES

2.1       By creating a user account, a natural person who registers for any of the services offered by BEELINGWA agrees - unreservedly - to these terms.
If a natural person is creating a user account on behalf of a legal person, they must be their legal representative or have obtained their express permission. The legal person in whose name the user account has been created, also accepts these terms and conditions. The natural person who signs will act as a guarantor for the legal person to whatever extent necessary.

2.2       BEELINGWA reserves the right to change these terms at any time without notice. Any such changes will be introduced solely by updating the online version of the general terms. Any use of the services offered by BEELINGWA after publication of amended terms entails their full acceptance.

 

3.         DESCRIPTIONS OF THE SERVICE

3.1      BEELINGWA is a platform that enables interaction between customers and language service providers (translation and proofreading).
BEELINGWA enables customers to:

  1. choose the translators they want to deal with and enter into a contract;
  2. have translated content delivered within time limits that are set in advance and which can only be modified using the procedure stipulated in these general terms;
  3. benefit from a high standard of work;
  4. be guaranteed secure financial transactions.

 

4.         USE OF THE SERVICES

4.1       CREATION OF A USER ACCOUNT

Customers who wish to use BEELINGWA's services must create a "user account".
It is the sole responsibility of all customers to ensure that they are:

  1. either a natural person more than 13 years-old.
    If they are not of adult age and/or are not legally capable according to the legislation in their country on the date of creation of their user account, they must prove that they have the express authorisation of their legal representative(s) to register on the site and benefit from the services offered;
  2. or a legal person.

 

Any customer who contacts the site, or applies to be registered, is presumed to have the authority to enter into a contract with regard to the law in their country. If they do not have this authority, or if for some reason they lose it, it is their sole responsibility to notify BEELINGWA immediately. Unless any such notification is received, the person is presumed to have the authority to enter into a contract.
 

When registering, the customer undertakes to provide accurate, complete and truthful information. The use of a pseudonym, or any other name that does not comply with their civil status and/or legal data, or any other name that would have the effect of concealing their true identity is formally prohibited. Furthermore, customers undertake not to create a user account for a third party, or to allow a third party to use their account. All customers are responsible, and remain responsible, for the confidentiality of their password. Customers should notify BEELINGWA immediately if they suspect that their account is being used fraudulently.

Failure to respect any of the provisions of this article may result in the removal of the customer's user account and user profile.

 

4.2       ETHICAL CODE

The following activities are formally prohibited on BEELINGWA's platform:

• to request the translation/proofreading of a text whose content goes against accepted standards of moral behaviour or the law, or which vindicates violence, hatred or racism;

• to request the translation/proofreading of a text that could infringe upon the universal or individual rights of a natural or legal person;

• the making of defamatory or insulting remarks about a legal or natural, living or deceased, person.

 

BEELINGWA reserves the right to remove, without prior warning or notice, any content on this site that constitutes or could constitute a flagrant violation of these general terms, or a breach of public order or accepted standards of moral behaviour. Customers will readily accept any such removals and may not claim any form of compensation whatsoever.

 

4.3       NO RIGHT OF WITHDRAWAL

Under no circumstances may the customer exercise a right of withdrawal once the execution of the contract(s) has been started (by the selection of the translator by the customer).

 

4.4       JOB EXECUTION TIMES

The time that a job should take is calculated automatically by BEELINGWA based on the number of words to be translated. Before confirming their order, the customer will be informed of the estimated time for the job to be completed. The customer can:

  • either accept the delivery time for the translated content.
    In this case, BEELINGWA and its translators will make every effort to respect to the estimated delivery time. However, since these delivery times are calculated automatically, the customer should be aware that they can only be considered as guidelines and may vary depending on various criteria such as, in particular, the difficulty of the text to be translated, and the quality and clarity of the source text.
  • or manually change the delivery time for the translated content.
    In this case, if the requested time is accepted by BEELINGWA, an emergency rate will be applied, and BEELINGWA will undertake to respect the requested time. Any delay in the delivery of the translated content would then result in a discount on the agreed price; the job would revert to a "standard" contract and no emergency rate would be applied.

The delivery time begins the day after the selection of the translator by the customer. 

 

4.5       APPROVAL OF TRANSLATED/PROOFREAD CONTENT

4.5.1     BEELINGWA subjects all of its translators to rigorous aptitude tests and only selects the best. The fact that translators have to pass this test, and the evaluations of their work left by other customers, provide a guarantee that the site is operating successfully, and that the services offered are of a high standard. However, customers are free to accept or reject the translated content.

4.5.2     Customers have a period of three (3) working days from the submission of the translated/proofread content to review it. Within this three day period, the customer has a choice of several options:

  1. approve the translated content and allocate a score of between 0 and 5 to the translator;
  2. not respond within the three (3) day period. In this case, the translated/proofread content is automatically considered to have been accepted by the customer, and will be approved on an irrevocable basis.
  3. reject the translated content. The translator must then choose between accepting the customer's rejection and reworking the translated content, or disputing the customer's rejection;

4.5.3     In the event of irresolvable conflict or a deadlock between the translator and the customer, BEELINGWA may - at the customer or translator's request - offer assistance, notably by seeking the opinion of a mediator:

  • If the mediator considers that the customer's rejection is justified, then the order will immediately be reissued. The translator is then bound to rework the translated content to the customer's complete satisfaction (insofar as the latter corresponds to the original request), without any additional charges being applied.
  • If the mediator considers that the customer's refusal is unjustified, the content will be considered to have been approved, and the customer will be invoiced for the additional proofreading costs.

 

In all cases, the customer acknowledges and accepts that BEELINGWA's assistance in the settlement of disputes between customers and translators consists of an additional service offered by BEELINGWA, but that it cannot in any way engage the latter's responsibility in the event that the contract is not completed. Customers cannot make any claim against BEELINGWA; they accept this on a full and unconditional basis, and also that BEELINGWA cannot be held liable for any form of compensation whatsoever, in particular in the event that translated content is permanently rejected.

 

 

4.6       CONFIDENTIALITE

4.6.1     BEELINGWA, its translators and any other person involved in a contract will respect the strictest confidentiality, in compliance with legally set periods, with regard to information and data received from the customer. All relevant parties undertake not to communicate any information received to a third party. During the fulfilment of a contract, each party is solely responsible for their adherence to this confidentiality principle, and must abide by it rigorously.

4.6.2     Given their importance, the provisions relating to confidentiality are included in the "General Terms of Use - Translators", which are also available on the website. 

 

5.        INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS

5.1       THE CUSTOMER'S INTELLECTUAL PROPERTY 

Any information that is provided by the customer remains entirely their property, whether or not it is publicly available on the site. Within the limits of the purpose of the contract and to enable appropriate execution of the requested services, the customer grants BEELINGWA a non-exclusive, personal and non-transferable right to use all information provided in this way, and in particular regarding their second name, first name, company name, commercial name, trade name, image, brand, logo, design, model, format, photographs, sound, music, video and any other distinctive signs and all elements that may be protected by industrial property or intellectual property rights.

5.2       BEELINGWA'S INTELLECTUAL PROPERTY

BEELINGWA is the sole owner of the site and all elements of the site such as brands, logos, texts, styles, graphics, photographs, videos, information, applications, software, files, databases and other elements, on which it retains all its rights, in particular its intellectual property rights. None of the provisions of these terms or the site may be interpreted as an assignment or transfer, even on a tacit or implied basis, if only of a simple personal, and non-transferable right to use the site or one or more of its elements. BEELINGWA is the sole owner of any expertise that it may acquire during the execution of a contract or the operation of its site.

5.3       THIRD PARTY RIGHTS

When the rights relating to elements provided by the customer belong to a third party, the customer guarantees that they have all the rights necessary to enable them to authorise BEELINGWA to use the aforementioned element. It is thus the customer's responsibility to manage and/or negotiate with third parties the rights or permissions relating to this element before sending it to BEELINGWA. In this regard, the customer undertakes to release BEELINGWA from and hold it harmless against any eviction, claim, proceedings, judgement or damage to third parties that may occur due to the use and/or distribution by BEELINGWA of any element that has been provided or published by the customer (identity theft, misleading advertising, unfair competition, denigration, defamation, products or services of which the advertising, sale or manufacture is prohibited, violations of privacy, protection of personal data, violation of intellectual property rights, etc.). In particular, in the event that a third party holds any rights or claims whatsoever to an element provided or published by the customer, BEELINGWA will be entitled to suspend the execution of the contract without any further formalities or notice, or take any protective or other measure it deems appropriate.

 

6.         FINANCIAL TERMS

6.1       INVOICING AND PAYMENT

The rates applicable to customers are determined and calculated according to the number of words to be translated and the field of expertise. These rates are explicitly stated on the site. They are given "excluding tax". The reference currency for all transactions with BEELINGWA is euros (€). As soon as an order has been confirmed and a translator has been selected, the customer will be invited to pay the sum specified for the execution of the contract.

6.2       REIMBURSEMENT

The customer will be reimbursed by BEELINGWA:

  1. the additional amount invoiced for an urgent translation if the translator delivers the translation after the deadline determined according to the procedure specified in paragraph 4.4 (see "job execution times");
  2. part or all of the amount paid if the mediation offered by BEELINGWA approves the rejection of the translated content.

7.         FORCE MAJEURE

BEELINGWA reserves the right not to carry out or to suspend its services and to suspend the operation of its website, without formalities or notice, in the event of force majeure or accidental events such as fire, storms, floods, internal strikes, power surges or electrical shocks, freezing/crashing or significant slowing-down of computer or telecommunications networks and, more generally, any unforeseeable, uncontrollable or external circumstance which prevents the execution of the contract or the proper functioning of the website.

 

8.         OBLIGATIONS AND RESPONSIBILITIES

8.1       THE CUSTOMER'S OBLIGATIONS AND RESPONSIBILITIES

8.1.1     The customer undertakes to comply with these general terms, Belgian laws and regulations, and the laws and regulations in their country of origin, when these do not conflict with those in Belgium.

8.1.2     By registering as a customer on the BEELINGWA website, the customer irrevocably agrees not to circumvent - deliberately or not - the contact system offered by the site and in particular not to deal directly or indirectly with one or more translators who have been or are in contact with BEELINGWA, with a view to seeking translation or proofreading services outside of the site, when the site would have enabled contact between the customer(s) and the translator(s).

8.1.3     The customer is and remains solely responsible for (i) information provided in their user account and user profile, whether or not such information is public or private, (ii) documents and information that they send to other customers, service providers and BEELINGWA, (iii) and more generally any other element downloaded or published on, from or through the site or through its intermediary, or sent, shared or exchanged with other users via the site.

8.1.4    The customer undertakes not to damage the integrity of the site and of BEELINGWA. In this respect, the customer in particular undertakes not to:

  1. use the site in a manner that infringes these general terms, the laws and regulations of their country of origin and/or Belgian laws and regulations,
  2. damage, disable, overload or alter the site, or attempt to do so.
  3. to use automatic scripts or any other technology to extract or collect information from the site or through it or to interact with it,
  4. to upload, publish, send, share, store, make available or distribute, in any manner whatsoever and for whatever reason, on or via the site, anything containing computer viruses or any code, file or computer programme designed to interrupt, destroy, damage or reduce the functionality of software, computer or telecommunication equipment belonging to the site, users of the site or a third party,
  5. upload, publish, send, share, store, make available or distribute, in any manner whatsoever and for whatever reason, on or via the site, any content which infringes civil or criminal law, totally or partially prevents others from using the site, or is harmful to BEELINGWA or its users or engages their responsibility in any way whatsoever,
  6. send, put online, exchange or share on or through the site, any content that could engage their own liability, that of the users of the site including the translators, that of BEELINGWA and/or its directors, associates, employees, or partners, towards third parties.

 

8.2       BEELINGWA'S OBLIGATIONS AND RESPONSIBILITIES

8.2.1     The customer is and remains solely responsible for the content to be translated. More generally, BEELINGWA is not responsible for any content passing through the site that it did not put online itself, irrespective of the format, language, sender or recipient.

8.2.2     BEELINGWA will make every effort to ensure that the site remains available at all times. However, customers acknowledge that due to the nature of the Internet, this is not always possible, and access to customer's user accounts and user profiles cannot be guaranteed. Access to the site and the customer's user account and user profile may - especially for technical reasons (repairs, maintenance, updates etc.) - be suspended or limited, even though BEELINGWA will make every effort to reduce the frequency and duration of such suspensions or limitations.

8.2.3     BEELINGWA may not be held liable for content that is proofread or translated through its services. If necessary, BEELINGWA will provide the relevant authorities with the contact details of the translator responsible for the content concerned.

8.2.4     BEELINGWA cannot be held liable for any direct, indirect, accidental, special, consequential or exemplary damage, regardless of how it may have been caused or the liability invoked, including and without limitation, losses of profits (direct or indirect), losses of goodwill or reputation, losses of data that the customer may sustain, the costs of providing substitute goods or services or any other non-material loss.

8.2.5     In all cases where, under Belgian law or regulations, BEELINGWA is declared responsible by a final court decision, BEELINGWA's responsibility to a customer shall under no circumstances exceed the total remuneration that BEELINGWA has received in relation to translations assigned to translators by the customer since the opening of their user account.

 

9.         BREACH OF GENERAL TERMS BY THE CUSTOMER

Without prejudice to other means of redress, BEELINGWA reserves the right to limit, suspend, terminate or prohibit access to its website, services, and the customer's user account and/or user profile without any prior warning being necessary. BEELINGWA will have sole authority to determine the appropriate measures to be taken. BEELINGWA also reserves the right to take any technical measures to prevent one or more users, that may be customers or translators, from accessing the site and its services, if BEELINGWA considers that their behaviour is (i) causing problems, in particular that this behaviour could compromise the security of the site or other users, or that it could lead to the engagement of the liability of a user, BEELINGWA, its directors, associates, partners, or employees, or  (ii) does not comply with these general terms or laws and regulations in force in Belgium or in the user's country of origin.
Any such action by BEELINGWA will take effect without any form of compensation being due to a user or a third party, except in the case of a serious error on the part of BEELINGWA.

 

10.      TERMINATION

Either party may unilaterally terminate the contract governed by these general terms in the event of serious failure by the other party to uphold any of its basic contractual obligations that has not been resolved within eight (8) calendar days following the sending a formal notification by registered letter with acknowledgement of receipt or by email with acknowledgement of receipt. In the event of the termination of the contract governed by these general terms, in the circumstances described above, and if this occurs while a contract is being executed, the parties agree that the termination of their contract will become effective after the completion of the active contract. However, the customer will no longer be able to benefit from BEELINGWA's services or its site to subscribe to new contracts after the expiry of the above-mentioned period of eight (8) calendar days.

 

11.      GENERAL PROVISIONS

•    BEELINGWA reserves the right to change the content and specifications of services at any time and without notice.

•    BEELINGWA may collaborate with third parties to provide services to its customers. These third parties are authorised and accepted by the customer to provide these services on behalf of BEELINGWA.

•    The customer agrees to receive electronic communications from BEELINGWA, to the email address provided during registration. This email address may be changed at any time via the user interface.

•    The customer is solely responsible for any activity that takes place in connection with their user account, and undertakes to respect current laws in the context of their use of services offered by BEELINGWA.

•    The customer undertakes not to copy, alter or create a derivative work, to disassemble, reverse engineer, decompile or attempt in any other way to extract the source code of all or part of the services offered by BEELINGWA, unless they have BEELINGWA's express prior authorisation.

•    If one of the provisions of these terms is declared invalid by a competent court, that provision will cease to apply, without affecting the other provisions of BEELINGWA's general terms, which will retain their full force and scope.

•    These terms are governed by Belgian law. BEELINGWA and the customer expressly agree, on an irrevocable basis, to submit any dispute arising over these general terms to the exclusive jurisdiction of the territorially relevant courts in relation to BEELINGWA's registered head office.

About

Beelingwa is an Internet platform connecting professional translators with clients. Order your translation with just a few clicks!

Contact

  • Rue Josse Willems 4
       1350 Jauche
  • Phone: +32 (0)495/24.38.05
  • Email: info@beelingwa.com
  •  V.A.T. number: BE 0639.775.574