- LINGY LTD with its registered office in London at 5 The Mall, Ealing, W5 2PJ London, England, entered into the Companies House under no. 10191556, www.globtra.com website manager;
- Operator’s website available under the URL: www.globtra.com or any other website being a continuation or extension of such URL address.
– an individual over 18 years of age, a legal person or an organizational entity with legal capacity that uses the Website. The User may be an entrepreneur or a consumer, i.e. an individual using the Website without relation to conducted business or professional activity.
– User not being a Translator that uses the Website.
– User using the Website and performing translations for Clients.
– Website’s mobile application dedicated to Users (Android and iOS).
- a form available on the Website by means of which a Client may submit an order.
– a price list of services performed on the Website, available on the Website, constituting an integral part hereof,
– a part on the Website intended for Client support, Translator Panel – a part of the Website intended for Translator support.
– a service offered by the Operator as part of the Website, intended to resolve a dispute between a Client and a Translator as a result of a submitted complaint.
– a part of the Website where the Client’s payments are stored.
3. Nature of the Website
Globtra Website is dedicated both to persons searching for a translator, enabling such person to order a translation, and to translators themselves who are free to offer their services and accept a translation order.
4. Services provided
As part of the Website, the Operator provides, in particular, the following services:
a) Services for the benefit of Clients:
- Searching for Translators and viewing the profiles thereof.
- Ordering written, sworn, oral translations as well as proofreading by a native speaker.
- Assigning marks and giving feedback to Translators.
- Option to download the Application.
b) Services for the benefit of Translators:
- Option to create a profile on the Website.
- Option to accept a translation order.
- Option to download the Application.
- Access to Translators’ forum.
- Access to knowledge base.
- Access to center of opportunities, finance management and subscriber
5. Rules regarding the use of the Website
5.1. Each User of the Website is under the obligation to use the Website in compliance with generally applicable provisions of law, provisions hereof, principles of life in community and good practices, including:
a) to refrain from any and all actions that may hamper or disrupt the operation of the Website and the use of services performed by the Website;
b) not to disrupt the operation of computer systems, servers, networks and not to attempt to circumvent regulations or procedures that are applicable to the use of the Website, including unauthorized interference with shape or content of websites comprising a part of the Website;
c) to provide true personal data.
5.2. Users are prohibited from providing content of illegal nature and using accounts of other Users as well as from making their login and password available to other Users.
6. Technical requirements
7. Registration and login on the Website in the case of Translators
7.1. In order to register on the Website, the Translator may use an already existing Facebook, Google + or LinkedIn account or may register by providing own e-mail address which shall serve as login on the Website as well as password.
7.2. After the registration, the Translator shall receive, for the first 30 days of using the Website, a free of charge access to Professional Freelancer package. Upon the lapse of 30 days of registration, should the Translator not choose a paid package, their account shall be automatically converted to Basic package. More detailed information about packages can be found in the Price List.
7.3. In order to be granted access to the full functionality of the Website, including the acceptance of orders, the Translator should, after registration, provide the following data on the Website:
a) individual, including gender/company [required]
b) name and surname[required]
c) phone number [optional]
d) business name[required if company],
e) address (street and number) [required if company]
f) address (postcode and city) [required if company]
g) country [required]
h) NIP (tax identification number) [required if company]
i) currency for the purposes of settlement
7.4 After registering on the Website, the Translator shall also have the option to supplement their profile by:
a) providing preferred language pairs – from the drop-down list (separately for the source language and the target language), with the possibility of adding a reverse pair – the number of language pairs that can be added shall be dependent on the selected package,
b) choosing specialization,
c) providing additional information, e.g. sworn translator, native speaker, court translator.
7.5 The Translator may login to the Website by providing e-mail address and password specified in the course of registration process or by providing e-mail address and password to Facebook, Google +, LinkedIn.
8. Registration and login on the Website in the case of Clients
8.2. If the Client opts for registering on the Website by providing own e-mail address and password, a message with notification about registration and request for confirmation by clicking on the link shall be sent to the e-mail box of the Client. The link shall be active for the Client for 24 hours. Should the Client fail to confirm, the Client shall not be able to make use of full functionality of the System, but shall have the option to activate the registration at a later date.
8.3. In order to accept the received quotation of the translation, the registered Client shall be obliged to pay the price for translation to the Website’s Money Box and shall be requested to provide additional transaction data such as:
a) individual/company [required]
b) name and surname [required]
c) phone number [optional]
d) business name [required if company],
e) address (street and number) [required if company]
f) address (postcode and city) [required if company]
g) country [required]
h) NIP (tax identification number) [required if company]
Should the Client fail to pay the price for translation to the Website’s Money Box within 14 days of quotation, the order is cancelled.
8.4 The Client may login to the Website by providing e-mail address and password specified in the course of registration process or by providing e-mail address and password to Facebook, Google +, LinkedIn.
9. Executing a contract on provision of services by electronic means
9.1. In the case of Translators, the date of registration on the Website shall be the date of executing a contract on provision of services by electronic means with the Website’s Operator.
9.2. In the case of Clients, the date of registration on the Website or the date of ordering the price estimation of a translation shall be the date of executing a contract on provision of services by electronic means with the Website’s Operator.
9.3. When executing a contract on provision of services with the Website, the User represents that they have been notified of the right of contract rescission, as provided for in Consumer Rights Act 2015, and grants their consent and requests that the service be performed prior to the lapse of the deadline for contract rescission, in full awareness that granting such consent and making such request shall result in the User not being entitled to rescind the contract executed with the Website’s Operator, as provided for in the aforementioned Act, after the service has been performed.
9.4. The User may terminate the contract executed with the Website’s Operator with immediate effect. For this purposes, the User shall send a relevant statement to the Operator’s e-mail address. Termination of the contract shall entail the Operator deleting the User’s account from the Website.
9.5. Upon Registration of the service, the Client and/or Translator:
a) represents that it has been informed that the processing of his personal data takes place by Lingy ltd. to the extent necessary for the proper performance of services offered through the Website, including for accounting purposes, contacts, making settlements via the payment operator, and other activities related to the provision of services via the Website carried out in accordance with the order given by the Client (Article 6 (1) (b) of the GDPR),
b) represents it has been notified of the right of access to his personal data, their rectification, deletion or limitation of processing, the right to transfer data, as well as to object to their processing and the legal consequences of such opposition, and
c) may represent its consent to receive all information specified hereby, and commercial messages and information, as well as receive the Newsletter by sending them to the e-mail address provided in the registration form, or by text message provided in the registration form - then processing his personal data is based on consent to process personal data for marketing purposes (Article (6)(1)(a) of the GDPR),
d) grants its consent to being sent VAT invoices in electronic form by Lingy ltd. in connection with the performance of services offered through the www.globtra.com Website, and
e) represents it has been notified of the right to rescind the agreement, as provided for in Consumer Rights Directive as well as grants it consent and demands the performance of the service before the lapse of the period specified for rescinding the agreement, being aware that granting such consent and making such demand shall have such an effect that after performance of the service it shall not be entitled to rescind the agreement according to the aforementioned Act, and
f) represents that ordering translation services does not violate rights of third parties to source materials, in particular in respect of copyrights.
10. Translation order process
10.1. The Client submits an order via the Form available on the Website. 10.2. As the first step, the Client selects type of order:
a) written translation,
b) sworn translation,
c) proofreading by a native speaker.
10.3. For the purposes of quotation, the Client uploads a file in a format specified on the Website, provides a link to a server from which the text for translation may be downloaded, e.g. Google Drive, Dropbox, or types the text directly at a relevant location on the Website.
10.4. When filling in the Form, it is prohibited to provide content of illegal nature, violating rights of third parties, inciting racial, ethnical, religious hate or promoting violence.
10.5. The Client shall be obliged to make sure that the text provided for translation is clear and coherent.
10.6. After uploading the text to be translated or typing the text directly at a relevant location on the Website, the Client shall select a language pair (there is an option to select several language pairs, which shall result in a relevant number of separate orders, with separate quotation and completion processes, being generated), and shall provide comments in the text field or preferences in respect of 4 possible forms of translation, i.e. keep the original form / target text most important / speed of translation most important / very literal translation. Additionally, the Client may select translator specialization and recommended additional services.
10.8. When a sworn translation has been selected, the Client shall be requested to provide an address where the original of the translation is to be sent.
10.9. When proofreading by a native speaker has been selected, the Client shall also be requested to choose a language. There is an option to select several languages for proofreading, which shall result in a relevant number of separate orders, with separate quotation and completion processes, being generated.
10.10. When ordering the quotation, the Client:
b) represents that it grants its consent for the processing of personal data by the Operator in a scope necessary for proper performance of services offered via the Website and grants its consent for transferring such data or entrusting the processing thereof to other entities only for the purpose and in the scope necessary for proper and due performance of services offered via the Website, and
c) represents that it has been notified of the right to access its personal data and the right to introduce changes thereto, as well as of the option to have the processing thereof ceased and the option to object to the processing thereof as well as legal effects of such objection (information in this regard can be found on the Website), and
e) grants its consent for being sent and provided VAT invoices in electronic form, to be issued by the Operator in connection with the performance of services offered via the Website, and
f) represents that it has been notified of the right of contract rescission, as provided for in Consumer Rights Act 2015, and grants its consent and requests that the service be performed prior to the lapse of the deadline for contract rescission, in full awareness that granting such consent and making such request shall result in the Client not being
entitled to rescind the contract, as provided for in the aforementioned Act, after the service has been performed, and
g) represents that ordering the translation to be performed violates no third party rights to source materials, including, in particular, in respect of copyrights.
10.11. After the Website has accepted the order, all Translators in a relevant language pair shall receive a notification in this respect.
10.12. Translators meeting the selected parameters shall receive a notification by e-mail (with a link to login and an abridged version of parameters of inquiry) or/and SMS notification and/or notification in the application [depending on the package selected].
10.13. If a Translator offers more than one language pair, such Translator shall receive an inquiry about each offer separately, i.e. one language constitutes a separate order.
10.14. After logging to the account on the Website, the Translator shall see a queue with order details.
10.15. Below order details, “make an offer” option shall be visible. The Translator shall be entitled to create and submit an offer indicating: price and date as well as comments in the text field -> “message for translator”. The Translator shall have the option to submit an offer via the Application.
10.16. After the Translator has submitted an offer, the Client shall receive an e-mail (or, optionally, SMS or notification in the Application) with a link to the Client panel containing information about the quotation.
10.17. The quotation shall be valid for 14 days – after this time, it ceases to be valid, but can still be seen in the Client panel.
10.18. After the quotation has ceased to be valid, the Client shall have the option to update the quotation by submitting an inquiry to a dedicated translator or by submitting a general inquiry for repeated general quotation.
10.20. The Client’s acceptance of quotation of a given Translator shall entail a payment obligation and result in redirecting to the page with payments allowed by the Website.
10.21. After selecting the payment operator, the Client may choose the payment currency, and a “pay” button shall appear.
10.22. After completing the transaction, the Client shall receive an e-mail with payment confirmation and information that the order is ready to be performed.
10.23. The amount paid shall be retained in the Website’s Money Box until the Client has accepted the translation, and if acceptance does not take place – until 2 days for the acceptance of the translation by the Client has lapsed.
11. Performance of the order
11.1. Upon payment by the Client, the Translator shall receive an e-mail with information about order commencement as well as link to login.
11.2. After logging to the Translator panel, the Translation shall see information about order commencement, and performance of the order shall commence after clicking on the details and transferring the order to the ‘My Work’ –> ‘Confirm’ tab. The Translator shall also have the option to propose an additional period, not longer than 5 days, that is necessary for the completion of the order -> “Ask for More Time”. Performance of the order within the additional time shall be subject to confirmation by the Client. The Client shall also have the option to confirm the extension of the deadline for completing the translation, but specify a period shorter than proposed by the translator.
11.3. The Translator finishes the order by uploading the file in a communication regarding a given order -> ‘deliver’. At such time, the order shall obtain “awaiting acceptance” status.
12. Acceptance of translation and assigning marks and giving feedback
12.1. The Client, after the transaction has been completed by the Translator, shall receive an e- mail informing that the translation has been completed and a link to login to the Client panel.
12.2. After logging to the panel, the Client shall see information about the completed translation along with an option to download the file.
12.3. The Client shall have the option to accept the translation by clicking the “Accept” button or to lodge a complaint regarding the translation by clicking the “Ask For Corrections” button.
12.4. The Client shall have 2 days to accept the translation. If “Accept” button is not selected within such deadline, the order shall be automatically confirmed with a positive result.
12.5. The Client shall have the option to extend the time for checking the translation by 3 days.
12.6. After the acceptance of the translation, the Client shall have the option to assign marks, 1 through 5, as well as give feedback to the Translator according to the parameters specified below:
a) quality of translation
b) contact with the translation
c) completion time / timeliness
13. Submitting a complaint regarding translation
13.1. If a Client has not accepted the translation and has submitted a complaint, this shall result in a message being opened in a message box on the Website with the following subject: ‘Ask For Corrections’.
13.2. The parties shall have 7 days for the explanation of claims, and the translator for correcting and sending back the file with the Translation.
13.3. The Client shall have the option to accept the translation via the “Accept” button.
13.4. After 7 days, if the Client still has objections to the translation, the Client shall have the option to submit the Complaint to the Dispute Center managed by the Operator via “Ask For Support” button.
13.5. After having acquainted with objections to the order, correspondence and after having checked the quality of the translation, the Operator shall resolve the dispute. The Operator shall have 14 days to consider the motion.
13.6. The Operator shall have the option to accept the translation, in which case the procedure is closed and the translation shall be transferred to completed orders on the Client’s account.
13.7. If the claims are accepted and the complaint is justified, the Operator shall offer the Client a correction of the translation as part the complaint or, in the event of an express refusal of the Client, reimbursement of costs for translation.
14. Settlement for translations
14.1. Acceptance of a translation by the Client shall result in balance settlement on the Translator panel.
14.2. Amount paid for the order shall be retained in the Website’s Money Box and shall be decreased by the amount of commission, in accordance with the Price List.
14.3. The amount for the order shall be associated with the Translator’s account and can be viewed in the Translator panel in the “Finances” tab.
14.4. The Translator shall receive a message by e-mail, SMS or in the Application notifying of marks assigned and feedback given as well as settlement of the order.
14.5. The Translator shall be able to make a payment order of accumulated funds to a bank account or a PayPal account. The minimum payment amount is PLN 100, and the payment shall occur by the 7th
day of the month following the month of the payment order on the Website.
15. Fees for using the Website
15.1. Use of the Website by Users may entail the need to incur certain fees, as specified in the Price List.
15.2. Translators have the option to use one of the following packages: Basic which is free of charge or paid Premium and Professional Freelancer – or any other that are from time to time offered by the Operator.
15.3. Irrespective of the package chosen, a commission, in the amount specified in the Price List, shall be charged from Translators for each order performed as part of the Website.
15.4. Payments on the Website are carried out through payment operators whose services are available on the Website.
16. Complaint proceedings
16.1. Due to the non-performance or improper performance of the service by the Operator, the User shall be entitled to lodge a complaint.
16.2. The User shall lodge a complaint referred to in clause 1 within 14 (fourteen) days of the day when the service has actually been performed by the Operator.
16.3. The complaint shall include:
a) indication of User’s details in a manner allowing identification;
b) indication of the name of the service offered via the Website to which the complaint pertains;
c) object of complaint;
d) circumstances justifying the complaint;
e) indication of demand.
16.4. A complaint should be sent in writing to the Operator’s address indicated herein or to the e-mail address indicated by the Operator as the contact address.
16.5. A confirmation of receiving a complaint for consideration by the Operator shall be sent to the e-mail address indicated by the User in the complaint within 4 (four) days of the day of effective acceptance of the complaint being lodged.
16.6. A complaint should be considered within 10 (ten) days of the day when the receipt of the complaint has been confirmed, in a manner as specified in clause 5. The period to supplement the complaint shall not be included in the period to consider the complaint which, where the complaint needs to be supplemented, shall run from the day of delivery of the supplemented complaint.
16.7. Where necessary, the period to consider the complaint may be extended by further 14 (fourteen) days after the User has been notified to the e-mail address indicated thereby, in the event of a complaint necessitating a longer period of consideration. The provision of the first sentence shall not apply to Consumers.
16.8. Should the complaint fail to include elements referred to in clause 3, the User shall be requested to supplement the complaint.
16.9. Decision regarding the complaint together with reasons for such decision shall be sent to the User to the e-mail address indicated in the complaint.
17.1. Any and all information, source documentation, auxiliary materials, final translations, oral information provided by the Client shall be deemed by the Website as confidential and shall not be, in any manner whatsoever, disclosed to third parties, with the exception of translators, employees and contractors of the Website in connection with the provision of translation services.
17.2. The confidentiality obligation shall not extend to publically available information and materials.
18.1. The Operator represents that it shall endeavor to ensure the highest possible level of security to Users in respect of protecting accounts on the Website, content thereof and content transmitted from unauthorized persons. Any and all information about events that may compromise the security of using the Website is to be provided to the address globtra.com/security
At the same time, the Operator encourages persons using the Website to use data protection software, including, in particular, antivirus software.
18.2. The Operator shall be liable for non-performance or improper performance of the service according to the applicable provisions of law.
18.3. Subject to the mandatory provisions of law of Great Britain, the provisions hereof and of the Service Provision Contract, the Operator’s liability towards the User shall be limited to the amount of loss and, together with liability on account of contractual penalties, shall not exceed the fee paid by the User for the performance of a given service. The limitation of Operator’s liability referred to in this clause shall not be applicable to a Consumer.
19. Information about right of withdrawal
19.1. Only the Consumer is entitled to a 14-day withdrawal period. Consumer has the right to withdraw from this agreement within 14 days without giving any reason. The expiry date will expire 14 days after the date of conclusion of the agreement.
19.2. To exercise the right of withdrawal, Consumer must inform the Operator 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.
19.3. In the event of withdrawal from this agreement, the Operator will refund all 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 the Operator), not later than 14 days after the Operator was informed of Customer’s decision to exercise their right of withdrawal from this agreement.
19.4. The Operator 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.
19.5. 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 the Operator to withdraw from this agreement.
20. Final provisions
20.5. The Parties shall deem the User has accepted amendments hereto if the User has not terminated the Service Provision Contract within the term specified in clause 4 hereinabove.
20.6. Law in force in the territory of the Republic of Poland shall be applicable for the purposes of evaluating rights and obligations of the Operator and the User who is not a Consumer, also in matters not covered hereby or by the Contract.
20.7. Provisions hereof do not violate consumer rights specified in applicable provisions of law which shall take precedence over provisions hereof.
20.8. The Operator has no obligation to use out-of-court dispute settlement systems in disputes with consumers; however, it shall strive to resolve any potential disputes with Users amicably. Court with local jurisdiction for the city of Koszalin (Poland) shall have exclusive jurisdiction over cases related to the Operator’s operation if a claim is lodged by a User of the Website being an entrepreneur or if such claim is lodged by the Operator against such user whose place of residence is unknown. Any potential disputes with Users being consumers shall be resolved by a common court that is competent pursuant to the provisions of law of Great Britain.
20.9. An electronic link for ODR platform: https://webgate.ec.europa.eu/odr.
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