Terms and Conditions

The following Terms and Conditions (henceforth, “Agreement”) constitute a binding legal agreement between Babilon Language Coaching, S.C., a global language service provider for laws and jurisdiction of the City of Queretaro, Mexico (henceforth, “Company”), and You (henceforth, “Client”). By using our website, you agree to be subject to the arrangements contained in these Terms and Conditions. Should you not wish to be subject to them, you must immediately interrupt the use of this website. We ask you to revise these Terms and Conditions every time you would decide to make use of our site, as the Agreement may undergo modifications without previous written notification.

1. Transcription

1.1. These Terms and Conditions are applied to all the services provided by the Company, unless it has been otherwise indicated in writing and so agreed upon between the two parties involved.

1.2. In order to meet the objectives of this Agreement, the “Services” can be defined as transcription and/or other general linguistic services carried out by the Company for the Client.

1.3. The “Original Material” must be understood as any correspondence, documentation, literary, artistic or musical work, sound or other audio recording or broadcast, program carrying signal, computer program, or any other work, program or recording whether protected by copyright or not, provided by the Client to be an object of the services in question.

1.4. The “Final Product” should be understood as the final version transcribed from “Original Material”.

1.5. The formal application of global communication or services of transcription will be called the “Order”.

1.6. The “Term” will make reference to the period of time needed to carry out the “Services” hired and to submit the “Final Product” to the “Client”.

1.7. “Confidential Information” refers to any confidential or private material, correspondence, documentation, advice, information, know-how, record or other sensitive knowledge or information arising from the recordings and transcription source and obtained, accessed or received by the Company, the Personnel and Service Providers which, if not for the association between the Client and the Company, would not ordinarily be available to the Personnel and Service Providers.

2. General

2.1. The headings of the clauses used in this document are only for reference and should not affect the interpretation or performance of these Terms and Conditions.

3. Our Services

3.1. The services must be provided in keeping with international quality standards.

3.2. All transcriptionists and any other employed personnel will be carefully selected to provide the Services, following the rigorous selection process of Babilon Language Coaching.

3.3. The Original Material is transcribed in an accurate and rigorous manner, in accordance with Transcript Layouts and Transcript Templates chosen by the client.

3.4. Babilon Language Coaching reserves the right to refuse a request at any time. In the case that a request is denied, the client will be informed as promptly as possible.

4. Price and payment

4.1 Payment must be made by the Client to the Company upon the presentation of invoice.

4.2 A deposit of 50% may be required, which is payable by the Client to the Company in advance.

4.3 A minimum charge may apply, which is payable by the Client to the Company up front.

4.4 A Client requiring a Purchase Order (PO) is requested to generate a PO number upon acceptance of the Quoted Value and e-mail or mail a copy to the Company.

4.5 Prices exclude VAT and any other service tax where applicable.

4.6 Any invoice dispute must be submitted by the Client to the Company in writing within seven (7) days of receipt of the invoice by the Client.

4.7 If payment is not received within thirty (30) days of the invoice date, the Company reserves the right to charge interest on the outstanding balance at a rate not exceeding 10% per annum on the relevant base rate, up to the date of payment. The Company also reserves the option to claim compensation for debt recovery costs under the late payment legislation.

5. Delivery

5.1. The delivery terms requested by the Client will be taken into account, even though additional time may be necessary to complete the Order. Babilon Language Coaching will communicate this information when the final price is agreed upon.

5.2. Babilon Language Coaching is not responsible for eventual term expansions of an Order because of extenuating circumstances, including (but not limited to) delivery delay or failure caused by subcontractor, war, civil conflicts, riots, strikes, fire, earthquake, exceptional meteorological conditions or governmental order. The Client will be properly informed about these delays.

5.3. The delivery will consist of the Final Product transfer to the Client, including (but not limited to) via post office, fax, e-mail or other mean of electronic delivery.

6. Responsibility

6.1. Babilon Language Coaching is not responsible for the loss or damage by the Client due to errors found in the transcription or delayed delivery of Final Products.

6.2. The Company does not take on any responsibility to the Client for any loss or damage due to misleading information derived from any affirmation that was carried out by the Company, or in its behalf, prior to the Agreement, and the Client will not have the right to terminate the Agreement on the basis of the misleading information mentioned above.

6.3. The Company is not responsible for possible damages caused to the Original Material by the Client, or possible damages caused during the delivery of the transcription or any other Final Product.

6.4. The responsibility of Babilon Language Coaching does not go beyond the contracted and subscribed services by the Client.

6.5. The Company does not guarantee services or work to be done without errors. Any inaccuracy must be communicated in a period of 30 days after receiving the Final Products. The company will be responsible for correcting the errors, within reason, but in no way will the Client be free from carrying out the correspondent payments.

6.6. At the moment of delivery of the Final Product, the Client is assumed to have complete legal responsibility for his/her actions regarding the Final Product.

7. Intellectual property

7.1. The Client reserves the rights of intellectual property, copyright or any other property rights associated with the transcribed Final Products, but he/she will extend the license of storage and permit of its use to the Company with the purpose of providing the Services.

7.2. If the Client does not carry out the payment for the hired services, the intellectual property rights of the Final Products will be transferred to the Company.

8. Confidentiality

8.1. Babilon Language Coaching will take any necessary measures to assure that any Confidential Information handed to the Company by the Client be maintained as strictly confidential.

8.2. The Client is also responsible for conserving the strictest confidentiality in relation to any Confidential Information provided by the Company.

9. Non-recruitment

9.1. The Client will not try to recruit, employ or establish direct or indirect relation with any of the employees contracted by Babilon Language Coaching.

10. Termination and Resolution of disputes

10.1. In case of the Client deciding to cancel the Agreement, the Client is responsible for the complete payment of the Order, unless it has been otherwise previously established and in writing.

10.2. The non-completion of the obligations and the conditions set forth in this Agreement will result in the immediate dissolution of the collaboration between the Company and the Client, and might result in engagement of civil or criminal actions against those who fail to comply with the Agreement.

10.3. This Agreement is governed and elaborated in accordance with the laws and jurisdiction of the city of Santiago de Querétaro, Mexico.

10.4. In case of a conflict between the Client and the Company, the Complaint must be notified to both parties within the reasonable period of time after the delivery of the Final Products.

10.5. If a competent jurisdiction Court estimates any term or arrangement set forth in this Agreement to be invalid, said arrangement will be declared invalid, but any other provision of the Terms and Conditions will not be declared invalid.

10.6. The Client will not provide false information, fraudulently obtained material, and will not accept to deliberately falsely sign the Agreement; if this happened; the collaboration between the Company and the Client will be immediately dissolved. This Agreement constitutes the complete agreement between the Company and the Client in relation to the services, and no representation, promise, understanding, oral agreement or any agreement of any other type which is not in the contents of this document, will have any validity or effect, unless it has been established in writing (for example, in the Agreement of the Level of Services). Modifications to this document will not be valid unless they have been previously agreed upon in writing and signed by the Company and the Client.