Overview
This document is a legal agreement between you, the “client” and OnTheGo Systems,Inc. Corporation (“OnTheGoSystems”), a Nevada Corporation based in Las Vegas, Nevada. These Client’s Terms and Conditions (“Agreement”) sets forth the provisions under which the Client may use the website for the purpose of buying translation work.
Definitions
Site: www.icanlocalize.com
OnTheGo Systems: OnTheGo Systems,Inc. is the parent company and owner of the site and the translation software WebTA.
Projects: Any translation work that is created on icanlocalize.com, including website translation, document translation, text translation and other translation services offered by ICanLocalize.
Work unit: A project may include the translation of a website, or other material, to several languages. Each of these translations, from the original language in which the project is written, to any of the target languages is called a work unit.
Bids: Translators place bids on projects, in attempts to solicit business.
Client / webmaster / website owner: Alternative terms for person(s) or company(ies) creating one or more projects in ICanLocalize.
Translator: Person(s) or company(ies) placing one or more Bids for doing translation work.
“Work for hire”: The client, not the translator, is considered the legal author and sole owner of the text issued for translation and the translated text.
Client obligations
Personal information
All information provided by the users (Clients and Translators) shall be true, accurate and up-to-date at all times.
OnTheGo Systems reserves the right to sign up any user based on its own discretion. Furthermore, OnTheGo Systems reserves the right to suspend or terminate any user account.
OnTheGo Systems prohibits the disclosing of personal information on its website.
Clients are forbidden to disclose any type of personal contact details (phone or mobile number, email, physical address, Skype, Facebook, Twitter, Linkedin ID, etc.) anywhere on the web portal, in project chats, on their profiles, etc.
Neither is it permitted to solicit translators to work on projects outside of OnTheGo Systems portal.
Any client found in breach of this clause may see his/her account closed.
Projects
Clients may not set up projects whose contents infringe US laws, or laws in the country where the clients reside.
Clients assume complete responsibility for any contents they upload, including contents within their projects. Clients agree not to post projects for illegal websites or contents (including but not limited to) cracking, hacking and virus software/services.
Projects contain the following required elements:
- The material to be translated.
- A detailed description of the project, including any of the following:
- Purpose of the text and target audience.
- Instructions for the translator, explaining any special terminology which might be required to produce accurate translation.
- Selection of the source language and list of target languages for translation.
It is the Client’s responsibility to assure that the above required information is correctly filled for every project posted. Translators must comply with these requirements, as they appear on the website. Clients cannot require additional or different work from what is described in the website, per project, at the time the translator’s bid is accepted.
Communicating with translators
Every project has a private chat between you and translators. A separate chat exists for each translator. This chat is not viewable by any other user.
You must use the project chat in order to clarify any issues with translators. If you have requirements, which are not included in the project’s description, they must appear in the chat. If you make project requests or requirements in the chat, you must make sure that the translator acknowledges these requests and is willing to comply with them.
Any correspondence appearing in the project chat is considered an integral part of the project’s requirements. Other communications, made between you and the client and not documented on OnTheGo Systems, are strictly forbidden and cannot be used to resolve conflicts.
The official language of the chat is always English. You understand that any communication in other languages cannot be considered in case of dispute.
Project progress and payments
Clients will use the site to seek translators for their projects. Clients may post projects for translation to different languages. Translation to each language is considered a work unit. Payment for each work unit is done separately, as described here:
Upon acceptance of a bid, to translate a project to a given language, the Client will deposit the complete project payment in escrow with OnTheGo Systems.
During the translation work, it is possible that the translator(s) working on your project ask(s) you questions or need your clarifications. Only communications made via the project’s chat is permitted and will be considered in case of conflict. You agree to communicate with the translator in a timely manner, in order to allow completing the work. You also agree that:
Communication must be concise and to the point. If you feel that the other side is communicating with you in a manner which is not contributing to the progress of the project, you must ask the support of ICanLocalize staff.
Once a Client finalizes the work on a language for a project (a work unit), all payment for the work in translating the project to that language, is transferred from the Bid’s escrow account to the translator. At this point, the translation work in this language is finalized.
After finalizing a work unit, Clients may not ask for modifications or additions to the work. Furthermore, nor refunds are possible after this point. Therefore, you agree to verify the contents of the work that the translator produces before accepting the work as completed. You should verify the work by making sure that it is 100% complete and that it matches your expectations.
You are solely responsible for verifying the contents of the work before accepting the project as completed.
You should make use of the project chat to clarify any doubts or outstanding issues regarding your work before accepting it as completed.
Never accept the work as completed without being fully satisfied with it (including, to comply with translator requests). The translator is not allowed to ask you to finalize the project at any point of time.
If you cannot agree with the translator and the work is not completed to your satisfaction – do not accept the work as completed. Instead, put the work into arbitration, so that a support staff person may intervene.
Your money account
All your transactions are documented in your money account (accessible via Control Panel -> Deposits and Payments). Your account has a balance. Every payment you do for a project goes through your account and to a bid’s escrow account.
You can deposit money in your account to be used to pay for translation work.
Transferring money to ICanLocalize
You can deposit money to ICanLocalize, either for paying for a translation project or to be kept in your account. PayPal is the main method used to accomplish these transfers. You agree never to deposit money from accounts which are not yours, including accounts of third parties, regardless of permission you may have received for acting on their behalf.
Refunds
You may ask for a full or partial refund to deposits you make in your account up to sixty (60) days from the time your payment is made. This time is measured from the time you initiate the payment, and not from the time it appears in ICanLocalize.
Refunds can only be made for outstanding money in your account. If the money is found in a bid escrow or has been paid to a translator, refund is not possible.
After this time, refunds are not possible. You may still use this outstanding balance for payments for other translation projects.
Money transfers to you
In the case we cannot refund your payment (due to the 60 days period expiring), you can receive back your money in the form of a transfer to your PayPal account. You agree that a 5% fee will be deducted from the amount transferred. This fee covers the transfer fee and other related expenses.
You can only request transfers up to the balance in your account.
Arbitration
An arbitration process occurs whenever a project does not progress according to the normal flow, as described in Project progress and payments. An arbitration may be initiated due to:
Client or translator request.
Translator doesn’t complete the project by the specified duration.
Client doesn’t finalize the work within a week from the project’s deadline (not from the time it was actually completed, in case the translator completed the work).
There are two types of arbitrations, as described below.
Mutual arbitration
A mutual arbitration is carried out between a client and a translator. During this process, both can come up with offers to complete the work for a full or partial payment. When one side makes an offer and the other side agrees, the work completes and the project is finalized.
During a mutual arbitration both the client and translator may request that the arbitration turn into a supporter assisted arbitration.
If the two parties cannot come to an agreement in a mutual arbitration, within a reasonable time frame, the arbitration may turn into a supporter assisted arbitration, even if neither the client or translator requested it.
Supporter assisted arbitration
A supporter assisted arbitration is managed by a support staff member (referred to as Supporter). During this process, the supporter raises questions and asks for clarifications from both parties involved in the arbitration (the client and translator). Each party must answer within three (3) days, or the arbitration is automatically awarded to the other party.
During this process, neither the client or translators may make offers. The supporter will gather all the required information and will make a decision regarding the work. This decision will include how much of the escrowed funds are released to the translator and how much are refunded to the client.
You agree that if your projects enter a supporter assisted arbitration, you will reply to the supporter within three (3) days. You also agree that if you fail to do so, the supporter may, at his/her sole discretion make a ruling on the arbitration to the other side, regardless of other circumstances.
You also agree that the results of this arbitration process are final and that neither of the parties involved has any rights to make claims regarding the work in question.