Terms of Service

Definitions:

In these Terms of Services, unless otherwise interpreted:

  • “Confidential Information” means information (in any form) that is confidential either to you or to us and which either you disclose to us or we disclose to you in connection with the Services;
  • “Intellectual Property Rights” means any rights in or to any patent, copyright, database right, registered design, design right, utility model, trade mark, brand name, service mark, trade name, business name, chip topography right, know how or Confidential Information and any other rights in respect of any other industrial or intellectual property, whether capable of being registered or not and including all rights to apply for any such rights;
  • “Order” means an order for the Services provided by you from time to time;
  • “Original Works” means the documents, files, materials and works provided by you for the purposes of carrying out the Services;
  • “Services” means translation and MTPE services performed by us for you.
  • “Terms of Services” means these standard terms and conditions as set out below;
  • “Edited Works” means the documents, files, materials and works translated and produced from the Original Works in accordance with your instructions and provided to you by us.
  • “We, us, our, Company, The Company” means Ailaysa, an independent business unit of Langscape Language Solutions Pvt Ltd, whose registered office is at 1 A, Thliagar Street, Sri Balaji Nagar, Thundalam, Chennai 600077 or 5, K K Salai, Kaveri Rangan Nagar, Saligramam, Chennai 600093, and trading as Ailaysa.
  • “You, your” means the company, firm, body or person to whom we are supplying the Services and / or the Work Products.

No terms or conditions other than those set out herein nor any variation thereof shall be binding on the Company unless otherwise specifically agreed in writing by a director of the Company. These terms of service shall be incorporated or accepted online in every quotation, order, acceptance and contract for work by us subject to the foregoing; any terms or conditions proposed by the Client are hereby excluded.

The content of the website, digital assets, brochures, advertisements and other promotional forms are of generic information in nature and they shouldn’t be considered as any agreement, or this terms of service.

Service Conditions

Use of MTPE output

MTPE output differs from human translation output

Translation through a MTPE process used by Ailaysa may NOT be as accurate and fluent as a human translated output, though the output would be edited by a human expert editor. This important nature and difference of MTPE should be kept in the mind before ordering a project with Ailaysa.

MTPE outcome may differ from human translation in any manner, though the MTPE output will qualify the standards mentioned in the section, “Expected Standards.”

Not all kinds of content and all copies of content are suitable for a MTPE service, with the same level of outcome. Before or during the order process, either the buyer could check for the eligibility of the content for MTPE or the Ailaysa could discuss before accepting or refusing the project based on the nature of the source text. This may vary of purpose, intended use, language, deadline, availability of editors and many other factors. Ailaysa has the right to accept or refuse an order, pre-paid or payable later. If pre-paid and order is refused, 100% payment would be returned to the buyer.

The services of Ailaysa are undertaken with the standard practices applied by both the employees and third-party vendors who are employed by Ailaysa for your project.

Order Process

All service requests must be accompanied by an order including the price established by the parties. This order must be sent to us by automatically created online process, regular mail, or email; we reserve the right to refuse to start a job without an order.

The client shall clearly indicate the purpose of the translation and intended use of it in writing during the order process and/or on demand by the Ailaysa employees when the project is under progress.

Unless otherwise agreed upon, all orders are pre-paid with 100 percent advance payment and subject to revision by during or completion of project if scope of the project changed or different from the original order.

Pricing Method

The cost of a translation shall be calculated using a count of words in the source language, unless otherwise previously established in writing.

Unless explicitly agreed up, NO translation memory will be used to arrive at the quote. To eligible for TM use and pricing, the buyer should inform during the order process and Ailaysa may or may not consider it after a due analysis. Once order is placed, the pricing system doesn’t change.

Quoting Process and Amendments

If the quote is generated automatically during the order process with our website, the quote is considered tentative and the payment is considered as advance. Any change in the scope of the project could affect the final invoice.

If the quote has any errors due to the technologies/tools used to count the units, comparing any human processed assessment of units, the human assessment will be the final.

If the source content consists of any non-translatable content, the buyer should inform it in advance and the company would accept or refuse if to omit them from quotable units, depending upon the status of the project. This is done with a sole discretion of the company and reasonable practices would be used to do so.

Quotes are valid for 30 days from the date of issue.

Change of scope of the project

The quote, pricing and final invoice may be amended when factors including the following ones are changed:

  • Adequacy and clarity of the information given by the buyer to decide a quote
  • Factors of the project (e.g; unit count, target languages)
  • Services of the project (e.g file formatting, localization tasks, terminology creation etc)
  • Scope of the project in terms of purpose and intended use and the nature of the content, viz generic to domain specific.
  • Subjective change request, in terms of change of suppliers or nature of output though the final version is free from any defects as agreed. (e,g: change of terms, style of locale of a language etc)
  • Adding, deleting or amending of content before the start of the actual project, or during the project, if accepted by Ailaysa.

All requests should be made in writing and within the process the project managers use for your projects.

Quality Guarantee and Satisfaction

Expected Standards

MTPE quality guarantees are as follows

1.The MTPE output of Ailaysa is offered as a ‘lite MTPE’, unless otherwise agreed upon

2.The final output of the process will be free from any grammatical and translation errors objectively

3.The choice of linguistic elements, including words, phrases, terminology, sentence style etc shouldn’t be considered as errors, as they could be in the nature of subjective decision.

4.MTPE is not considered a viable option for publishable or submitting use for creative texts including advertisement and fiction, and critical texts including legal document and medical text. The client is advised to judge the need and outcome before ordering for a project.

5.The instructions and terms agreed during the ordering process or project management time will be followed. If any terminology or style guide to be followed, it would be explicitly requested during the order process and may incur additional charges if required.

6.Objective industry standards on every aspect of the final outcome will be applied in general.

Revision

If you aren’t satisfied with the outcome, you have the right to request for changes. If the changes are objective, Ailaysa will revise them. If the changes are subjective and choice-centric, the company may revise them either at free of cost or additional cost as agreed upon again.

Complaints on the quality of the outcome should be made within 5 working days, and requests of revision will consume a new turnaround time that would be agreed upon during the complaint stage.

Reimbursement / Billable Content

1.Once delivered, NO reimbursement is acceptable if paid in advance or no cancellation of invoice is possible if billed once.

2.Once requested after a partial delivery, the competed parts of the project should be paid or payable

Cancellation

If the Client for any reason cancels work which has been commissioned, charges will be payable for all the completed work up to the cancellation date and for all other costs and expenses which may accrue as a result of such cancellation

If the Client suspends or postpones work commissioned for a period of 21 days or more, charges will be payable for all commissioned work up to the date of suspension or postponement and for all other costs and expenses which may accrue as a result of such suspension.

Contract and Sub Contract

The company reserves the right of subcontracting or outsourcing the whole or part of the project to any third party, who is contracted to undertake the processes related to your project.

Deadline, Turnaround times and Delays

The deadlines (dates and time) agreed by the company for partial or full deliveries are estimates only. The company will make every possible effort to honor the deadlines but shall not be liable to make good any damage or loss, whether arising directly or indirectly out of its failure to meet such estimated dates.

if a delivery has not taken place by an agreed deadline, no charge will be made and no contract will be considered cancelled.

Also, while we make all possible efforts to make the deadlines to be honoured, a change of actual deliveries to the clients doesn’t entitle the client to change and withhold the payments. Changes of deadlines are informed in advanced if the project managers have reasonable information obtained beforehand. However, in some cases, the company may not have any prior information.

If your project is partially or wholly sub-contracted to a third party, we will not be liable in any circumstances for the consequences of failure to deliver or perform, if the delay or failure is due to the non-delivery or non-performance of the third parties.

In case of Force Majeure (Strike, Lockout, Industrial Dispute, Civil Commotion, Natural Disaster, Acts of War and any other situation which can be shown to have materially affected the company’s ability to deal with the order from the Client) the Company shall notify the Client without delay, indicating the circumstances. Force Majeure shall entitle both the Company and the Client to cancel the order but, in any event, the Client undertakes to pay the Company for work already completed. The Company will assist the Client, to the best of its ability, to complete their order.

DELIVERY

Delivery is deemed to have taken place by emailing, that consists the delivery files either as links or attachments, or updated in the vendor portal, as the case may be, and the risk shall pass to the Client. However, the Company will retain a copy of the translation and, in the event of there being any loss or damage, will forward a further copy free of charge.

URGENCY

Although an urgency surcharge may be levied on urgent translations, because such urgency may preclude the necessary time to check and qc the translation, the Company will not accept any liability for any work submitted on an urgent basis. Should such completion of work necessitate overtime being worked or other additional costs being incurred, a charge will be made to cover the increased cost.

Payment

Unless otherwise stated, prices are in USD, EUR, GBP or INR (not necessarily they are available at all times and all users) and are exclusive of value added tax or GST. We shall invoice you for all appropriate taxes, fees and expenses for which we are liable to collect. You shall be liable to pay any penalties or interest on such taxes which are payable by us as a result of your delay in paying such charges.

Payment is requested by Paypal or any payment gateways online. Cheques and direct bank transfers are accepted once agreed upon by both parties, as specified in writing on the quotes or invoice. All payments shall be made without deduction or set-off of bank charges.

Where credit accounts are opened for a Client, payment must be received within 14 days of the date on which the invoice is issued unless specifically agreed in writing by a director of the Company. Discounts included on quoted prices are only applicable if invoices are paid within 14 days of issuance of invoice.

Quotations in a currency other than the one quoted in the ordering documents or quotes/estimates are based on the rate of exchange at the time of quoting and, unless otherwise stated, the price is subject to exchange rate fluctuations at the date of invoice.

Without prejudice to the Company’s other rights, we reserve the right to levy a service charge upto 2 % interest per month on the outstanding amount on all accounts outstanding beyond the due date to cover financial and administrative costs. Should it prove necessary for us to engage the services of debt recovery agents, a surcharge equalling the fees of such agents will be applied to the outstanding amount unpaid to recover the costs.

Failure to pay any invoice in accordance with these terms of service or any others specified in writing at the time, shall entitle us 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.

Dispute Time

Complaints shall only be taken into consideration if received by registered mail with return receipt within seven days of delivery of the job(s) or part of the job(s). All complaints must be accompanied by the original documents, disputed translations, and a letter of explanation. Once the above time period has elapsed, the service shall be considered correct and final.

Liability

Ailaysa or Langscape Language Solutions Pvt Ltd and/or related suppliers do not acknowledge any guarantee or condition related to the services offered, including all implicit guarantees and conditions regarding salability, suitability for a particular purpose, ownership, and non-violation of third-party rights. Ailaysa / Langscape Language Solutions Pvt Ltd and/or related suppliers shall not be liable, for any reason whatsoever, for special, indirect, or consequential damages or for any other damages of any type resulting from the loss of rights to use, loss of information, or lost profits, whether they result from the performance of a contract, negligence, or other detrimental actions, deriving from or in some way connected with the services of Ailaysa / Langscape Language Solutions Pvt Ltd.

COPYRIGHT

The Copyright of the translation is the property of the Company and will be passed on to the Client only after full payment has been received for the translation. The Client hereby agrees to grant us (and our subcontractors) a licence to store and use the work materials for the duration of the Agreement and for the purposes of service provision.

The post-edited content of your projects may be used, partially or wholly, to train the MT engines we build, co-build, stand-alone or a part of another engine, to enhance the translation process. However, you can withdraw this permission through an agreement or a clause in an agreement before starting the project.

CONFIDENTIALITY

Both parties agree not to use nor disclose to third persons any of the other party’s Confidential Information subject to clause following this, and in order for us to provide the Services.

Either party may disclose Confidential Information of the other:

  • When required to do so by law or any regulatory authority, provided that party required to disclose the Confidential Information, where practicable and legitimate to do so:
    • Promptly notifies the owner of any such requirement; and
    • Co-operates with the owner regarding the manner, scope or timing of such disclosure or any action the owner may take to challenge the validity of such requirement.
  • To its (or any of its associated companies) personnel, sub-contractor’s personnel or any person whose duties reasonably require such disclosure, on condition that the party making such disclosure ensures that each such person to whom such disclosure is made:
    • Is informed of the obligations of confidentiality under these terms of service and
    • Complies with those obligations as if they were bound by them.

GOVERNING LAW

This agreement shall be governed by the laws of India, under the jurisdiction of the High Court of Madras, Chennai.

These Terms of Service are subject to change without prior written notice.