Qordoba Terms

These General Terms and Privacy Policy (the "Terms") govern the use of this website and the services offered by Qordoba Limited ("Qordoba") through the Qordoba website (the "Website"). Your use of the Website and its services signifies your acceptance of these terms. If you do not agree with these terms, please do not provide Qordoba with any information and do not use Qordoba's services or the Website.
Qordoba offers an online translation service using proprietary software and the services of freelance translators and editors collectively, "Freelance Translators") provided through Qordoba (the "Services"). You may register as a Customer or as a Freelance Translator; a person who has registered as a Customer or as a Freelance Translator is referred to as a "Registered User"). Only Registered Users may place orders for translation services as Customers, or bid to provide services as Freelance Translators.
These Terms are divided into three parts: A) General Terms and Privacy Policy applicable to all users of this Website, including Registered Users; B) Customer Terms applicable to Registered Users placing orders for Translation Services, and C) Freelance Translator Terms applicable to Registered Users who wish to provide services to Qordoba as Freelance Translators. In addition, the Qordoba Privacy Policy (below) applies to all users of this Website and the services provided by Qordoba.
A. General Terms and Privacy Policy, applicable to all Users
1. Your Registration Profile. When you register, you will be asked for some personal data and to select a password. Please make sure that all data you provide are correct and complete. You may change and update your registration data by accessing your Registration Profile and changing the information.
2. You are responsible for the security of your user account and password, and for all offers, transactions and other activities under your password or initiated through your user account. Please select a unique password and take care to guard it. Please inform us immediately if you believe that your password has become compromised or that your account has been used in an unauthorised manner. You may not allow anyone else to use your password or account, or to impersonate you.
3. When you register with Qordoba as a Customer or Freelance Translator, you signify your agreement to all these terms including those pertaining to the ordering and paying for translation services (for Customers) and providing and being paid for translation and/or editorial services (for Freelance Translators). .
4. When you submit an order for translation services or a bid for a translation job, we will send you an email or other confirmation of your order or bid to confirm the acceptance of the order or bid. Your order or bid represents an offer to Qordoba for services which is accepted by us when we send e-mail or other electronic confirmation to you. After our acceptance, it is a binding Services Contract, and both you and we are obliged to comply with its terms (including payment and delivery of work product).
5. Either Qordoba or you may terminate this Agreement at any time, for any reason, provided that each party has fully complied with his, her or its outstanding obligations under any Services Contract. Subject to such compliance, termination will be effective upon sending an email notice to the other party. Any notice from Qordoba to a user will be sent to the email address given in the user's profile. Any termination or other official notice to Qordoba from a User should be sent to the following: info@qordoba.com.
6. You agree to use this website and the Services for lawful purposes only. You agree that you will not use the website or the Services in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You agree that you will not use the website or the Services for or in connection with any of the following: a) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; b) to transmit any material that is illegal, obscene, defamatory, or offensive; or which infringes or violates any third party's copyright, trademark, secrets, privacy or any other right; or which is likely to cause injury to a third party; or which transmits or contains any software virus or other malicious code or software.
7. You may not assign or transfer your account or your rights or obligations under any Services Contract without Qordoba's advance written permission. You acknowledge and agree that Qordoba reserves the right to assign or transfer this website, the Services, its databases and any rights or obligations including the Services Contracts without notice or permission to the extent consistent with applicable law, provided that a transferee or assignee agrees to observe the Privacy Policy and other conditions relating to confidentiality and data security.
8. Qordoba reserves the right to change these terms, including the Privacy Policy, at any time and without notice to any user to the extent consistent with applicable law. Your use of this Website constitutes acceptance of the current Terms.
9. These Terms, including the Privacy Policy, and all Service Contracts entered into with Qordoba are governed by and shall be construed in accordance with the laws of the United Arab Emirates. You and Qordoba agree to submit to the non-exclusive jurisdiction of the courts located in Dubai, United Arab Emirates for any claim arising out of or related to this Agreement, including the Privacy Policy, to the Website, or to the Services. If any part of these Terms is held invalid, the remainder shall continue in full force and effect.
10. This Website is provided by Qordoba Limited, a limited liability company incorporated under the laws of the British Virgin Islands with its registered office at PO Box 146, Tortola, British Virgin Islands, and its main place of business at PO Box 114540, Dubai, United Arab Emirates. Any communications for Qordoba should be directed to info@qordoba.com.
11. Privacy Policy Applicable to all Users.
Qordoba respects your right to privacy and will protect it in accordance with this Privacy Policy.
a) When you register on the Website you are asked to create your own profile. Your profile will include personal information such as your username, your e-mail address, location, and such other personal information as is needed to register as a Customer or Freelance Translator and for us to communicate with you and provide the Services. Customers may also be asked for credit card or other billing information necessary to process payment for the services. Freelance Translators may be asked for residence addresses, tax identification numbers and other information needed in order to process orders and payment for their services. All personal information is provided voluntarily and for limited purposes. While Users are under no compulsion to provide personal information, we may not be able to provide you with the Services or accept you as a Freelance Translator unless you provide the personal data requested.
b) You may access your User Profile and update or change the personal information at any time.
c) Qordoba will not sell or rent your personal information to anyone. We will share your personal information only as we deem is needed for purposes of providing Services and in connection with the maintenance and security of our database and Website. We may share your name and contact and demographic information with other Registered Users, in order to facilitate the provision of the Services.
d) We may also share a Registered User's names, email address, location and other demographic information with our partners and third parties if the Registered User consents to that sharing, via an opt-out mechanism or other means of reflecting your consent. We will not share credit card, financial, or tax identification numbers with any partner or third party except under legal compulsion.
e) We may disclose personal information when required by law or if in good faith we believe that such action is necessary in order to comply with the law, with court or other government orders, or with subpoenas or other legal process, subject to our good faith efforts to obtain confidentiality assurances to protect such information.
f) You can browse the Website without providing your personal information. However you must become a Registered User in order to obtain or assist with providing Services from or through Qordoba.
g) If you provide Qordoba or a third party payment system with credit card information in connection with payment for the Services, you consent to the sharing of such information with third party processors and Qordoba as necessary to provide and confirm payment for the services. Qordoba requires and third party processor it uses for such purposes to use encryption and secure servers, in order to protect the security of such credit card and other personal information.
h) "Cookies:" We use "session cookies" which are temporary data files that are erased at the end of your session at Qordoba.com. Session cookies allow us to recognize you during your session so you do not need to reenter information multiple times during the same session. No personal information is stored or is disclosed to any third party as a result of these session cookies.
i) We may collect and analyze aggregate data concerning Users, and may share that aggregate information with our partners, advisors, and third parties in connection with providing and supporting Qordoba's business. The aggregate data does not contain any personally identifiable confidential information.
j) We reserve the right to transfer or assign our databases, including those with personally identifiable information, to any successor in interest, or acquirer of our business or assets, by court order or otherwise, subject to applicable law.
k) If you have any questions about our Privacy Policy, send an email to info@qordoba.com.
B. Customer Terms applicable to Registered Users placing orders for Translation Services
1. These Customer Terms are applicable to Registered Users who seek translation services from Qordoba ("Customers"). These Customer Terms are in addition to the General terms above. Customers may order translation jobs through the Website by supplying the information requested on the Customer "Submit a Job" interface. Each job must be separately ordered unless other arrangements are made directly with Qordoba. Unless otherwise specified, each job will result in Qordoba's delivery of a translation (the "Work Product") to Customer.
2. Customers agree that they will be truthful and precise in submitting information related to a job. Each Customer agrees to pay for each job in a timely manner in accordance with the payment terms agreed to with Qordoba at the time the order is accepted by Qordoba.
3. You agree to upload only materials in which you own the copyright or are authorized to use and have translated. We agree that Customer shall be the owner of all copyrights in the translations, provided that Customer has observed its obligations and has fully paid for the Services. Assuming such compliance, we will use our best efforts to secure same from the Freelance Translators as may be necessary. Customer grants Qordoba and its contractors and agents a limited license to use and store the uploaded materials for the purpose of providing the Services and to retain a copy of the Work Product for archival purposes.
4. You agree that you will not attempt to negotiate the fee for a project directly or indirectly with a Freelance Translator or other Registered User the project was submitted to Qordoba. You agree to pay Qordoba an amount equal to three times the project price if you breach this provision. Qordoba spends significant effort in selecting and qualifying Freelance Translators. You agree that circumventing Qordoba's process would cause Qordoba severe and irreparable harm.
5. While Qordoba will use reasonable efforts and skill in providing the Services and Work Product as agreed, Qordoba assumes no liability or responsibility for errors, omissions or ambiguities in the Work Product provided as part of the Services. In no event will Qordoba be liable for any damages whatsoever arising out of Customer's use of the Website or the Services, including direct, indirect, incidental, consequential or punitive damages, even if Qordoba were informed of the possibility of such damages or harm. The extent of Qordoba's liability is limited by the amount of fees actually paid by the Customer for the specific job.
6. While Qordoba will exert its best efforts to meet any dates targeted for delivery of the Work Product, you acknowledge that such dates are approximate targets and that time is not of the essence for delivery or performance. You shall not be entitled to reject any delivery or refuse to pay for the Services due to any delay or questions concerning the Work Product. Customer shall notify Qordoba, in writing within five (5) business days after delivery of the Work Product, of any quality or other performance problems. Customer will be barred from raising such claims after the expiration of said five-day period. Qordoba shall not be liable for consequences of any delay in delivery of the Work Product or failure to perform the Services. Qordoba shall not be responsible for any delays or non-performance caused by any Act of God or other act over which Qordoba lacks control, including but not limited to failure or non-performance by any supplier or subcontractor, shortage of labour, fire, labour strikes, war, hostilities, governmental order or intervention.
7. This Website and the Services are provided "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Certain countries or jurisdictions do not permit the exclusion of implied warranties so the foregoing exclusions may not apply to you.
8. Each Customer represents and warrants to Qordoba that the material submitted to Qordoba for translation, and the translation of that material by Qordoba, does not and will not i) infringe any third party's copyright, trademark, patent, privacy, or other proprietary rights; ii) violate any applicable law or regulation; iii) be defamatory, libelous, or obscene, or promote violence or unlawful actions; or iv) contain computer viruses, malicious code, or other harmful programs.
9. Each Customer agrees to hold harmless and indemnify Qordoba from any loss, liability, damages or expense (including attorney's fees and legal costs) arising out of any third party claim asserting action or damages that, if true, would amount to a violation of any representation or warranty given by Customer or a breach of these Terms.
10. You acknowledge that the Services include use of Qordoba trade secrets and proprietary software and other materials. You agree to maintain the confidentiality of all trade secrets and proprietary date disclosed to you as part of your contracting for and receipt of the Services. You further agree to respect the privacy and the confidentiality of all Registered Users. You agree that you will not harvest or reverse-engineer any data or processes to which you have access as a result of the use of the Services or your use of and access to the Website.
11. Qordoba reserves the right to deny or suspend performance of the Services if Customer breaches, or threatens to breach, any of these Terms or the terms of any Services Contract, if Customer fails to pay Qordoba for any services, or if Qordoba in its sole discretion determines that the Customer is not acting in the best interests of the Qordoba community. Qordoba may in its discretion at any time refuse to accept an offer or proposal, or determine that a Services contract should be terminated.
12. Customer acknowledges and agrees that Qordoba reserves the right to modify or change this agreement, or to revise the terms relating to Customer's continued use of the Services at any time, with or without prior notice. Any modifications or may be posted online or may be sent to Customer by e-mail, at Qordoba's sole discretion. Customer is responsible for reviewing these Terms regularly, to ascertain the current terms. Unless otherwise explicitly stated, these Terms will survive termination of Customer's enrolment as a Registered User. If any provision of these Terms is held invalid, the remainder of this Agreement shall continue in full force and effect.
C. Freelance Translator Terms applicable to Registered Users bidding on or providing Translation Services
1. These Freelance Translator Terms are applicable to Registered Users who seek to provide translation services to Qordoba ("Freelance Translator"). These Freelance Translator Terms are in addition to the General terms above. Freelance Translator may bid on translation and/or editorial jobs through the Website by supplying the information requested on the Freelance Translator interface and/or in response to communications from Qordoba. Each job must be separately bid on unless other arrangements are made directly with Qordoba. Unless otherwise specified, each job will result in your delivery of a translation (the "Work Product") to Qordoba, using the techniques, formats and processes as Qordoba may specify form time to time.
2. Freelance Translator agree that they will be truthful and precise in submitting bids on jobs. By submitting a bid, Freelance Translator represents that he or she is free to accept the job and to perform the Translation Services in the time and manner requested. In particular, time is of the essence in providing translation services to Qordoba, and Qordoba may assess a penalty or reduce the payment for Work Product that is not delivered to Qordoba in a timely manner, in accordance with your bid and Qordoba's acceptance thereof.
3. Qordoba will pay Freelance Translator for each job in accordance with the payment terms agreed to with Qordoba, except that Qordoba reserves the right to pay Freelance Translator only after Qordoba has been paid in full by Customer.
4. You acknowledge and agree that you are an independent contractor and not an employee or agent of Qordoba. Qordoba will not provide you with any pension, health, insurance or other benefits. Qordoba will inform the appropriate government authorities about payments made to you, in accordance with applicable law, and will withhold payments made to you as required under law.
5. You agree to that all work you perform, and all Work Product prepared by you, is "Work for Hire" such that all rights including copyrights in such Work Product are owned by Qordoba and/or the Customer for which the Services are performed. To the extent that such Work Product would not be considered "Work for Hire," you agree to transfer and convey all such rights to Qordoba and/or the Customer without further consideration and at any time upon request by Qordoba. You further agree to disclaim any and all rights of ownership, attribution, or control, including but not limited to "moral rights."
6. You agree to maintain the confidentiality of all Customer material you receive from Qordoba, as well as all translations and Work Product you prepare or edit, alone or with others. You also agree to honor and respect the confidentiality of Qordoba trade secrets, proprietary data and information, and programs, to which you may have access or learn of as a result of your provision of services to Qordoba, as well as the privacy of Qordoba's Customers.
7. You agree to use diligent efforts and skill in providing the Services and Work Product to Qordoba. You further agree that if you will promptly bring to Qordoba's attention any problems or issues you encounter in providing the Services, or any claims made by any third party regarding the content or breach of any contract.
8. You agree that your Work Product will be original and that your work will not i) infringe any third party's copyright, trademark, patent, privacy, or other proprietary rights; ii) violate any applicable law or regulation; iii) be defamatory, libelous, or obscene, or promote violence or unlawful actions; or iv) contain computer viruses, malicious code, or other harmful programs.
9. Qordoba reserves the right to suspend further performance if Qordoba determines, in its sole discretion, that Freelance Translator has breached, or threatens to breach, any of these Terms or the terms of any arrangement with Qordoba, if Qordoba's Customer fails to pay Qordoba for any services, or if Qordoba in its sole discretion determines that the Freelance Translator is not acting in the best interests of the Qordoba community. Qordoba may in its discretion at any time refuse to accept an offer or proposal, or determine that any arrangement or contract with a Freelance Translator should be terminated.
10. Freelance Translator acknowledges and agrees that Qordoba reserves the right to modify or change this agreement, or to revise the terms relating to Freelance Translator's continued provision of Services at any time, with or without prior notice. Any modifications or may be posted online or may be sent to Freelance Translator by e-mail, at Qordoba's sole discretion. Freelance Translator is responsible for reviewing these Terms regularly, to ascertain the current terms. Unless otherwise explicitly stated, these Terms will survive termination of Freelance Translator enrollment as a Registered User. If any provision of these Terms is held invalid, the remainder of this Agreement shall continue in full force and effect.