Terms and Conditions

Our natural language processing and translation service is operated by Pangeanic with registered office at Av. Cortes Valencianas 26-5, 46015 Valencia, Spain and One Boston Place, Suite 2600, Boston MA. These terms and conditions use Pangeanic meaning Pangeanic B.I Europa S.L Tax ID ES-B97017461 and EIN 851381909. These terms and conditions govern your use of our services and services provided by our website, including your use of any materials, information and services which may be made available to you from this website. By accepting Pangeanic’s services you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you cannot use our services, or the services described in our website. This page constitutes a mere summary. Full terms and conditions are posted on our website and Pangeanic may amend the Terms and Conditions at any time by posting such changes. It is your responsibility as a client to familiarize yourself with our Terms and Conditions regularly to ensure that you are aware of any changes. Your continued use of our services and our website following the posting of any such changes shall constitute your acceptance of the revised Terms and Conditions.

Pangeanic shall endeavor insofar as possible to deliver the above-mentioned services by the due date, not being liable for delays that are not imputable to Pangeanic. The dates for delivery of the translation service, or the dates for carrying out the services can only be approximate. Unless expressly agreed between the parties otherwise, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery or performance or to repudiate the contract.

Should the client cancel or terminate partially or the whole of the translation order as confirmed in the quotation / cost-estimate or Purchase Order before Pangeanic has completed and delivered it, the client will pay a percentage part of the fees and costs as agreed commensurate to the demonstrable percentage of work completed in consideration of the planning and allocation of resources executed by Pangeanic.

Pangeanic shall be entitled to terminate the contract immediately by written notice to the client when:

• The latter breaches these Terms and Conditions and, in the case of such a breach which is capable of remedy, the client fails to remedy the conditions which gave rise to it within 7 days of receipt of a written notice specifying the breach and requiring it to be remedied.

• The client makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administrative order or goes into liquidation, or an encumbrance takes possession, or a receiver is appointed over any of the client’s property or assets, or the client ceases or threatens to cease business, or an equivalent or analogous event occurs in any other jurisdiction.

Any termination of the Contract shall not prejudice any rights or remedies which may have accrued to either party.

All Services undertaken by Pangeanic shall be carried out using reasonable skill and care in accordance with the standards of the translation industry.

Pangeanic shall use all reasonable skill and care in selecting translators (internal staff and outsourced), interpreters and other personnel required to carry out the service to produce the translations and perform the service for which it has been contracted.

No terms, conditions, or warranties, whether express or implied, about the quality or fitness for purpose of the services or the translation shall be incorporated unless expressly set out in the contract between the parties.

Pangeanic reserves the right to make public a reference to the translation work undertaken for the client as a reference to other potential clients.

Pangeanic shall incur no liability to the client for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of us prior to the contract, whether orally or in writing, and the client shall not be entitled to rescind the contract on the grounds of any such misrepresentation.

Pangeanic undertakes a strict quality control policy in accordance with the European Translation Standard UNE-EN ISO 2015:17100 and UNE-EN ISO 2015:9001. This, however, does not warrant that the translation or translated work will meet your very specific requirements. Unless otherwise agreed, we do not warrant that the operation of any translation sent to you as a client will be uninterrupted or error free. Pangeanic and client may agree on further revision and quality checks. Furthermore, Pangeanic does not warrant or make any representation regarding the use of the translations in terms of their accuracy, correctness, reliability or otherwise. The client acknowledges that any originals and translations submitted by and to you over the Internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that we have no liability for the loss, corruption or interception of any originals or translations.

Save in respect of death or personal injury resulting from our negligence and subject to our liability to the client in respect of the provision of translation services, translations and related services and works is limited as follows:

• Pangeanic shall not be liable for any loss of profits, business, contracts, revenue or damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever.

• Pangeanic’s entire liability to the client under any contract, including but not limited to in respect of the services, shall not exceed the price payable to Pangeanic by the client under the contract to which any claim relates.

The client must notify Pangeanic within 30 days of delivery of the service of any claim arising because of the provision of the services and/or the translations, whether it is related to these Terms and Conditions. Full details of such claim should be sent. In any event, Pangeanic shall not be liable to you if the client fails to notify us of any claim within a reasonable time of delivery of the services.

All knowledge and information specifically identified by the client in writing as “confidential” during the undertaking of the contracted service in reference to the client’s business or the products or other commercially-sensitive information that may be of advantage to the client’s competitors in the market shall be maintained under the strictest confidentiality by Pangeanic and it shall not be disclosed nor published by Pangeanic, nor will the translation service company authorize any third part or any other party to disclose such information or to publish it unless specifically authorized in writing by the client. This confidentiality is guaranteed by the signature of a non-disclosure agreement by all staff members of the company. Any external subcontractor working for the translation services company that may meet information or data relating to the client is sent a copy of the same non-disclosure agreement.

1. Upon completion of the translation services, Translator shall own all intellectual property rights in the translation work (hereinafter referred to as the "Translation Work"), including but not limited to copyright, patent, and trademark rights.

2. The Client hereby grants Translator a non-exclusive, irrevocable, worldwide license to use, reproduce, modify, distribute, and create derivative works of the Original Work for the purpose of providing translation services to the Client.

3. The Client shall not use or exploit the Translation Work in any manner that is inconsistent with Translator's ownership rights, unless otherwise agreed in writing.

1. The Client agrees that Translator may use the Original Work and the Translation Work for the purpose of data augmentation and parallel corpora creation, which will create unrelated content to the original.

2. Data augmented content and parallel corpora shall be used for the purpose of improving the Company’s NLP systems or third parties.

3. The Client shall not own any intellectual property rights in the data augmentation or parallel corpora created by Translator

The client agrees to pay the amount stipulated in the quotation / cost-estimation document or as applicable from an agreed price list for fees to Pangeanic for the services. For this purpose, a numbered invoice stating all applicable items will be issued. Payment will be made upon 30 days from invoice issue date or as otherwise agreed in writing by the client and the translation service provider.

Services lasting over 21 days will be invoiced 50% on commencement and 50% on completion. Services running under 21 days will be invoice in full on completion.

If payment due has not been received at the agreed time, an administration charge of €50 will be applied after 60 days and a further €50 after 90 days.

Failure to pay any invoice in accordance with the above terms, or other terms specified in the Contract, shall entitle Pangeanic to suspend further work both on the same order, and on any other order from you, without prejudice to any other right we may have.

Pangeanic reserves the right to charge interest on overdue accounts. The interest shall be calculated daily on the amount outstanding at the rate of 8% above the published base rate of the European Central Bank.

Clients warrant and must ensure that the work to be undertaken and that is submitted to Pangeanic shall not contain any obscene, blasphemous, or libelous materials and shall not infringe the Intellectual Property Rights of any other third parties either directly or indirectly.

The client agrees, upon demand, to indemnify Pangeanic (which for the purposes of this clause includes our employees, agents, and subcontractors), and keep us indemnified, from all losses, damages, injury, costs, and expenses of whatever nature are suffered by Pangeanic to the extent that the same are caused by or related to:

• The use or possession by our company of any originals or materials provided by you as a client related to the provision of the services, including the breach of any Intellectual Property Rights of any third party in or to any such originals or materials.

• The processing by Pangeanic of any data in the provision of the Services as anticipated by clause dealing with the Spanish Data Protection Law 15/1999 dated 13th December.

• Any breach of the law within the territory of the European Union or the country or countries where our services are used, in any form or format, whether in print, in digital form or website.

• Any breach of warranty given by you in this clause.

• Any other breach by you of these Terms and Conditions.

• The parties shall endeavor to comply with the data protection requirements of their respective agencies, in particular EU General Data Protection Regulation's requirements. Furthermore, each party shall ensure that in the performance of its obligations under these Terms and Conditions it will always comply with relevant provisions of Data Protection Law of the country where it is located.

Pangeanic acknowledges that if it is required to process any data during provision of the services, our company shall do so only following the client’s instructions.

This contract is governed by the laws of Spain and any discrepancy will be put under the law of the Courts of Justice of the Valencian Autonomous Region, City of Valencia.

Any modification to these Terms and Conditions will be published and dated accordingly on our website and it will come into force immediately.