VIVO INTERNATIONAL, INC. grants permission to access and view
this website and to electronically copy and to print in hard copy
portions of this website for the sole purpose of information and
reference. Any other use of materials on this website including
reproduction for purposes other than those noted above, or any modification,
distribution, or republication without the company’s
prior written permission is strictly prohibited.
COPYRIGHT
• © 2004 VIVO INTERNATIONAL, INC. All Rights Reserved
all contents of this website including, without limitation,
graphics, text, images, logos, icons, audio and video and software,
as well
as the compilation of the content, is the property of VIVO
INTERNATIONAL INC., its affiliates and related companies and
is protected by
U.S. and international copyright laws.
LINKS TO OTHER WEBSITES
• This site contains links to Web sites operated by
third parties. We provide these links for your convenience
only. We
do not control such Web sites and are not responsible for
their contents. Our inclusion of links to such Web sites does
not imply
any endorsement of the materials on such Web sites or any
association with their operators.
SERVICES
• VIVO INTERNATIONAL, INC. agrees to provide its services
to the customer in accordance with these terms. These terms
and conditions constitute a legally binding agreement between
the
client and VIVO INTERNATIONAL, INC. regarding services rendered
or to be rendered. In the event of conflict with any communications,
proposals, contracts, marketing materials, or agreements,
these terms and conditions shall control. Submission of source
materials
constitutes acceptance of all these terms and conditions.
• The company reserves the right to make changes to
our website, policies and these terms of use at any time; including
the right to modify, suspend or discontinue any or all of
the
services at its sole discretion, without prior notice.
USE OF SERVICES
• The Customer is at all times responsible for the use
of the Services. Where the Customer accesses the Services
by means of the Internet, the Customer is responsible for providing
access
to the Services.
• The Company expressly has no responsibility for the
content of the documents submitted to it by the Customer, nor
does the
Company have any responsibility for the implications of any
of its translations.
• The Customer will indemnify the Company against all liabilities,
losses, or costs that the Company may incur, in consequence
of any claim that may be made against the Company in consequence
of the content of any document translated by the Company.
TERMS OF PAYMENT
• All payments are made in US Dollars strictly within
14 days of the fee being issued. The fee being usually sent
by e-mail
through an invoice.
• VIVO INTERNATIONAL, INC. reserves the right to adjust
pricing and/or delivery estimates upon receipt and evaluation
of the final Source Materials to be translated. Clients shall
be advised by VIVO INTERNATIONAL, INC. of the estimate of
additional charges or change of delivery date prior to performing
the translation.
Quotes are a guide only, are not to be relied on by the user,
and are not binding until VIVO INTERNATIONAL, INC. accepts
them. If inaccuracies in the quote are found for any reason,
VIVO INTERNATIONAL,
INC. reserves the right to amend the quote. VIVO INTERNATIONAL,
INC. will signal its acceptance of the job and the quote
by charging the customer's credit card.
• The Company reserves the right to charge Customers
by Credit Arrangement at its sole discretion.
• The Company reserves the right to demand payment in advance
at its sole discretion.
• The Company reserves the right to charge Customers
any bank transfer fees and expenses and any other currency
conversion
costs in addition to the Fee.
• The Company reserves the right to charge interest
on any amounts due by the Customer to the Company that are
not paid
on the due date, at the rate of 5% monthly.
• Should VIVO INTERNATIONAL, INC. have the need to engage
the services of a law firm, solicitor, or debt collection
agency to assist in the collection of the payment from the
Client, then
the client agrees to pay VIVO INTERNATIONAL, INC. the full
costs and commissions charged by the law firm, solicitor, or
debt collection
agency for such services plus an additional administration
fee of US$2,000 to compensate the company for the additional
administrative
and management time required to collect the outstanding payment.
WARRANTIES AND LIABILITIES
• The Company warrants to the Customer that the Services
will be provided using reasonable care and skill. The Company
expressly does not give the Customer any other warranties whatsoever
and excludes any implied warranties to the maximum extent permitted
by law. Consumer Customers’ statutory rights shall not be
affected or limited to any extent.
• Where our company translates any legal or other documents
of a technical nature and content, the customer fully understands
that the Company is not an expert in such matters and that no
reliance whatsoever can be placed on the translation being completely
accurate. It is the Customer’s sole responsibility to take
legal advice in the relevant jurisdiction before placing any
reliance on the translated document. The Company shall not be
liable for
any such reliance, nor any other loss that the Customer may
incur.
• The Customer expressly agrees the use
of the Services is at the Customer's sole risk. The Company,
its agents,
contractors, licensers and employees do not guarantee the Services
will be
uninterrupted or free from error.
•
The Company will use its best endeavors to deliver the Services
within any agreed time, but shall not be liable to the Customer
or be deemed to be in breach of the Terms by reason of any delay
in performing, or any failure to perform, any of the Services,
if the delay or failure was due to any cause beyond the Company's
reasonable control. The following occurrences shall constitute
circumstances which are beyond the Company’s reasonable
control: electricity or telecommunication failure of whatever
means; or acts of god, riot, war, invasion, acts of terrorism,
hostilities (whether declared or not), civil war, rebellion,
legislation changes, flood, fire or drought. Delivery dates
shall not be valid
unless they have been expressly confirmed by VIVO INTERNATIONAL,
INC. in writing. Should a delay in delivery by VIVO INTERNATIONAL,
INC. occur, VIVO INTERNATIONAL, INC. shall first be granted
a reasonable additional period for completion. Only upon expiration
of this additional period without completion of performance
shall
the customer be entitled to demand cancellation of the contract
or reduction of the price. Any further claims are excluded.
The customer remains liable for payment for the work performed
up
to the time of the customer's notice of cancellation. A job
is considered delivered when the company emails or mails it
to the
Client.
• The Company shall keep confidential all information
and documents delivered to it by the Customer and shall not
disclose
any such information or the contents of such documents to
any third party unless compelled to do so by law. The company
does
not assume any responsibility for source material or documents.
• The entire liability of the Company under or in connection
with the provision of the Services shall not exceed the amount
of the Company's charges for the provision of the Services,
except as expressly provided in these terms, except where liability
cannot
by law be limited.
• The Company contracts under these Terms solely with
the Customer and expressly has no contractual relationship
or liability
of whatever nature under these Terms to any third party.
TERMINATION
• The Company may terminate this Agreement at any time
without prior notice and without affecting any accrued rights
or claims of the Company where the Services are misused by
the Customer, for non-payment of the Fee or for breach of the
Terms
or in the case of the insolvency of the Customer.
• The Company reserves the right to suspend provision
of the Services for the duration of any non-payment period.
Suspension
of the Services does not necessarily constitute termination
of the Services, at the Company's discretion.• When
services are terminated by the Company, the Customer shall
remain liable for the full purchase price for the Services
completed, all work in progress and any interest in terms of clause
CLIENT SPECIFICATIONS/ ASSISTANCE
• Unless the Client provides an "Approved Glossary" and
instructs VIVO INTERNATIONAL, INC. to use it for the job at
hand, VIVO INTERNATIONAL, INC. shall translate specialized
terms by
their usual and conventional meanings, and otherwise make decisions
based on VIVO INTERNATIONAL's, INC. standard production procedures.
All Source Materials shall be legible and shall be delivered
to VIVO INTERNATIONAL, INC. in such format(s) and such time,
as VIVO
INTERNATIONAL, INC. shall specify. VIVO INTERNATIONAL, INC.
shall not be responsible for delay in delivery due to failure
to deliver
any Source Materials in a timely manner or proper format.
MODIFICATIONS/ADDITIONS TO SOURCE MATERIALS
• All modifications or additions to the Source Materials
shall be submitted to VIVO INTERNATIONAL, INC. clearly indicating
changes and where they occur in relation to the previously
submitted copy. Pricing and scheduling for incorporation of
Source Material
modifications or additions into the target language translation(s)
in progress shall be determined based on extent and implication
of changes and percentage of work already completed. Client
shall be advised by VIVO INTERNATIONAL, INC. of the estimate
of additional
charges before the changes or additions are made by VIVO
INTERNATIONAL, INC.
CORRECTIONS
• VIVO INTERNATIONAL, INC. shall correct the following
errors free of charge:
Outright mistranslation, omission, typo, grammatical mistake,
and non-adherence to any approved glossary. Client agrees that
VIVO INTERNATIONAL, INC. shall have no liability or obligation
regarding errors in translations unless VIVO INTERNATIONAL,
INC. receives written notification of the error(s) within fifteen
(15)
days following delivery of the Deliverable to Client. VIVO
INTERNATIONAL’s,
INC. sole obligation with respect to errors shall be the obligation
to correct the Deliverable at no cost to Client.
PRIVACY
VIVO INTERNATIONAL, INC. shall not use for any purpose whatsoever
any personal information about individuals except when specifically
and knowingly authorized to do so by such individuals other than
to provide services described on this VIVO INTERNATIONAL, INC.
website. Examples of such information are name, postal address,
email address, phone number, birthdays, and product commentary.
VIVO INTERNATIONAL, INC. may share non-personal aggregate, or
summary, information regarding its customers with partners or
other third parties, but VIVO INTERNATIONAL, INC. shall not sell,
rent, or loan any identifiable information regarding its customers
to any third party. The nature of the work performed and any information
transmitted to VIVO INTERNATIONAL, INC. by customers shall be
confidential. VIVO INTERNATIONAL, INC. shall not divulge or otherwise
disclose such information to any person or third party without
the prior written consent of the customer. This provision shall
not apply to the extent VIVO INTERNATIONAL, INC. is required by
law to divulge such information or to the extent such information
is or becomes a matter of public knowledge other than by disclosure
by VIVO INTERNATIONAL, INC.
CONFIDENTIALITY
• The nature of the work performed and any information
transmitted to VIVO INTERNATIONAL, INC. by Client shall be
confidential. VIVO INTERNATIONAL, INC. shall not without the
prior consent of
client, divulge or otherwise disclose such information to any
person other than authorized employees or authorized subcontractors
of VIVO INTERNATIONAL, INC. whose job performance requires
such acts. The provisions of this paragraph shall not apply
to the
extent VIVO INTERNATIONAL, INC. is required by law to divulge
such information or to the extent such information is or becomes
a matter of public knowledge other than by disclosure by VIVO
INTERNATIONAL, INC.
GENERAL
• This agreement shall be governed by, enforced and
construed in accordance with the laws of the United States
of America.
• If any provision of these Terms is held to be invalid
and unenforceable but would be valid and enforceable if modified,
then such provision shall apply subject to such modification
as may be necessary to make it valid and enforceable.
• Our intent is to provide a secure and trouble free
website. However, we can't guarantee its operation or the absolute
confidentiality
of information or data entered through it.
DISCLAIMER
VIVO INTERNATIONAL INC. MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
WEB SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES,
INCLUDED ON, OR ACCESSIBLE OR USEABLE THROUGH OR BY MEANS OF,
THIS WEB SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHOIRIZED
ACCESS TO, ALTERATION OF, OR OTHER USE OF DATA, DOCUMENTS OR
INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIVO INTERNATIONAL,
INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
VIVO INTERNATIONAL, INC. DOES NOT WARRANT THAT THIS WEB SITE,
ITS SERVERS, OR E-MAIL SENT FROM VIVO INTERNATIONAL, INC. OR ANY
OF ITS AFFILIATES OR RELATED COMPANIES IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. NEITHER VIVO INTERNATIONAL, INC. NOR ANY OF
ITS AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS
OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
DEFINITIONS
“
Company” means VIVO INTERNATIONAL, INC.
"
Client or Customer" means the individual or business entity
that executes this contract.
“
Source Material” or “Source Documents” means
the documents turned in to the company in order for the work
to be performed
“
Deliverables” means our finished product.
