1.1. Web page –owned by the administrator and meant for the cooperative work between customer and translator web environment at the address www.kayade.com.
1.2. Administrator – the web page owner Kayade LLC, Tallinn, Estonian Republic, European Union. The e-post address of the administrator is: email@example.com.
1.3. Translator – a web page user, private person, who has selected a registration option „Translator” during his registration. Translator is a contractor performing translations.
1.4. Customer – a web page user who has selected a registration option „Customer” during his registration. Customer is a buyer acquiring translator’s translations.
1.5. Users – customers and translators registered on the web page.
1.6. Translation – result of translator intellectual activity performed on the basis of customer’s order.
1.7. Price enquiry – duely formed and presented by customer on the web page an informational collection about desired translation that is submitted to translators to call for bids.
1.8. Bid – duely formed and presented on the web page expression of the interest by translator in order to perform customer’s desired translation.
1.9. Order – duely formed and presented on the web page agreement between customer and translator for performance of order.
1.10. Web account – protected by the password programme interface created for user as a result of his registration in the person of user.
1.11. eAccount – user’s settlement account linked with the user’s web account on the web page via which transactions with translations are carried out.
1.12. Deposit account – settlement account in the administrator’s use created with the express purpose to deposit users’ money and to secure the safe payment transfer.
1.13. Arbitration – independent committee, set up from the appointed by the administrator members, which settles disputes resulting from cooperation of customer and translator.
2. General Provisions
2.1. The present www.kayade.com user agreement (hereinafter agreement) regulates relations between the administrator and users in the course of the web page use.
2.2. Users in the course of the web page use are guided by the present agreement as well as instructions and references located on the web page.
2.3. The administrator shall bear no responsibility for unsuitable or illegal behavior of users.
2.4. Customer order is a payable service. An amount of pay is determined by the mutual agreement of customer and contractor and fixed by means of the corresponding web page programme interface.
2.5. The administrator takes from translator the agent’s commission in the amount of 25% of translation cost.
2.6. The administrator takes from users a payout fee 1 euro for every sum taken out from the eAccount.
2.7. Payment for translation is only made via the web page corresponding form, using a secure connection in the form of banking and external payment processors. The administrator shall not save credit card information.
2.8. The administrator shall not ensure the continuous or unconditional access to the web page software and hardware. The web page function can be temporarily disturbed as a result of the force-majeure or other factors, prevention or elimination of which lies beyond the administrator’s cognizance.
2.9. The administrator shall provide to its users services offered on the web page in such form as they exist at the present moment, and without any guarantees, texts copyright included, nor the web page user guarantee towards each other or to any other their activity.
2.10. The administrator shall bear no responsibility for any loss of profit nor will he compensate it; also, he assumes no responsibility for any kind of damages caused by the web page software or hardware function, dysfunction or malfunction.
2.11. The administrator shall bear no responsibility for complying with orders deadlines, correctness of order formatting, quality of done translations and other characteristics, or for any other occurred between the web page users’ performance, non-performance or unqualified performance of duties, nor shall he compensate it.
2.12. The largest administrator’s material liability cannot exceed the amount of pay that a user has paid for the service ordered through the webpage.
3. Rights and Duties
3.1. Rights and Duties of Translator:
- 3.1.1. Translator has a right to take part in making bids (bidding); participation in bidding is free of charge;
- 3.1.2. Translator has a right to demand from customer the additional information in case, when order is formed in a wrong way or contains inaccuracies;
- 3.1.3. Translator is bound to complete orders taken to work in a qualified manner and compliance with deadlines;
- 3.1.4. Translator has a right to deny to complement order, if customer demands in his order to perform some unspecified work or do negligible corrections, adding a detailed explanation of his reasons behind denial;
- 3.1.5. Translator has a right to receive from customer payment for translations completed in a qualified manner and compliance with deadlines, agreed between translator and customer prior placing an order and which is fixed in the order submitted by the customer. Fee for translations is deposited to the administrator’s deposit account and referred to on the translator’s eAccount. Translation fee is transferred from the customer’s eAccount to translator’s eAccount after acceptance of translation by the customer;
- 3.1.6. Translator has a right to order payments from his eAccount to the bank account at any time within the limits of the available sum. Payments are made within three (3) working days;
- 3.1.7. Translator is bound to restrain from disclosure of their personal and contact information to customers or other persons (the administrator excl.), in regard with the item 3.3.5. of the agreement;
- 3.1.8. Translator’s material rights in relation to translation are deemed to be assigned to the administrator free of charge after acceptance of translation by customer;
- 3.1.9. Translator undertakes to restrain from using or publishing translated by him texts after assignment of the material rights to the administrator;
- 3.1.10. Translator is responsible for quality and lawfulness of his created translations;
- 3.1.11. Translator undertakes to pay to the administrator agent’s commission 25% of the order cost. The administrator shall deduct the corresponding sum from translator’s eAccount;
- 3.1.12. Translator undertakes to declare and pay from transactions made in connection with done translations all taxes in conformity with the law (income tax, vat and social tax incl.);
- 3.1.13. Translator shall agree and guarantee not to create multiple translator accounts for any reason. Otherwise, the Translator shall be responsible for any adverse outcome regarding such breach.
3.2. Rights and Duties of Customer:
- 3.2.1. Customer has a right to make enquiries and send them to translators for free;
- 3.2.2. Creation and/or sending of enquiries as well as receiving of offers shall intain no obligation for customer to order translation;
- 3.2.3. Customer is bound to describe his order with the utmost accuracy and in details;
- 3.2.4. Customer is bound to communicate to translator additional information about a translation, if his order was created incorrectly or inaccurately;
- 3.2.5. Customer has a right to choose the most suitable bid at his discretion, customer shall be under no duty to give his order to the cheapest bid offering;
- 3.2.6. At the moment of making order, customer is bound to transfer warranty down payment in full amount of the order cost to the administrator’s deposit account where it is reserved until acceptance of translation. Money deposited on the deposit account is stated on the customer’s eAccount;
- 3.2.7. Customer has a right to receive translation for reading prior making the payment;
- 3.2.8. Customer enjoys the right to accept translation, if it matches his expectations. By translation acceptance, customer confirms that translation corresponds to his order and customer has no claims to the quality of translations. At the moment of translation acceptance payment for order is made, money transfer from customer to translator is stated on the customer’s eAccount and translator’s eAccount;
- 3.2.9. Customer has a right to send translation to translator to correction, should it fail to comply with the order conditions, or if it has considerable faults, adding a detailed explanation of his claim and describing what part of the text and to what extent has to be corrected;
- 3.2.10. Customer has a right to send translation to arbitration, in case a translator denies correcting a text, or as a result of correction faults in the translation are still discovered, adding a detailed explanation of his claim and a description;
- 3.2.11. Customer has a right to cancel his order in case it is not completed by the agreed deadline. Should order be interrupted, money, deposited on the eAccount, is released for further transactions;
- 3.2.12. Customer is bound either to accept translation within 72 hours (Saturday and Sunday are not included in the time period), or to send it to correction or to the administrator arbitration. After that translation is accepted automatically, money for performed translation is transferred from customer’s eAccount to translator’s eAccount and there is no further opportunity for bringing claims;
- 3.2.13. Customer gets from the administrator free of charge the material rights in relation to translation after its acceptance and making payment for translation;
- 3.2.14. Customer enjoys the right to use ordered translations in any lawful manner;
- 3.2.15. Customer has a right to give to translators his assessments and comments. Customer undertakes to avoid giving false, offensive, petulant assessments;
- 3.2.16. Customer has a right to order payouts from his eAccount at any time, within the limits of free funds. Payout is made within three (3) working days;
- 3.2.17. Customer is bound not to disclose his personal and contact information to translator or other third persons (except the administrator), taking into a consideration item 3.3.5. of the agreement.
3.3. Rights and Duties of the Users:
- 3.3.1. At the moment of registration on the web page, users undertake to present only the true personal and contact information;
- 3.3.2. Users undertake not to communicate the web page passwords or any other information about the access to web account to the third parties;
- 3.3.3. Users undertake not to communicate to the third parties any possible commercial information obtained in cooperation between users;
- 3.3.4. Users undertake not to use in their cooperation materials contradicting the law, or materials damaging the material rights, copyrights or other rights of the third parties or organizations;
- 3.3.5. Users undertake not to publish or communicate their own personal or contact information to whomever except the administrator. Under contact information are meant addresses of electronic mail, ICQ and Skype numbers, web addresses (web pages, blogs), references to publications, where the corresponding information locates, as well as contacts of whatever other type, incl. the systems of various Internet social networks and telephone numbers. Communication of the corresponding information is forbidden in whatever manner, incl. via the internal mail of the web page and adding file attachments containing the corresponding data, as well as of whatsoever otherwise potential kind;
- 3.3.6. Translator is bound either to accept translation within 72 hours to correction (Saturday and Sunday are not included in the time period), or refuse from correction. After given time has passed, the order is cancelled automatically and money booked for the order is released to Client's eAccount;
- 3.3.7. Users have a right to give disputes in relation to translations for settlement in the administrator arbitration;
- 3.3.8. In case, one of the users gives a dispute to arbitration, the other user is bound to approve that procedure within 72 hours. If approval is denied, the right is on the side of the user giving a dispute to arbitration;
- 3.3.9. Users undertake to promptly inform the administrator about all information or circumstances, concerning those users, that have changed comparing with the data provided at the moment of their registration in the user status;
- 3.3.10. Users undertake to promptly inform the administrator about loss of the password given for the web page use and/or its getting into possession of the third persons;
- 3.3.11. Users are bound to communicate with each other via the web page only;
- 3.3.12. Users undertake not to use or disclose to the third persons any vulnerable spots detected in the software or hardware installations. Users undertake to promptly inform the administrator about any detected faults or vulnerable spots;
- 3.3.13. Obligation to declare and pay the taxes (income, vat and social security tax incl.) from every transaction in connection to translations lies on the users.
3.4. Rights and Duties of the Administrator:
- 3.4.1. The administrator enjoys a right to receive from translator an agent’s commission 25% of the order cost. The administrator withholds a corresponding sum from translator’s eAccount;
- 3.4.2. The administrator has a right to receive 1 euro transaction fee for withdrawal of the each sum from the users’ eAccount;
- 3.4.3. The administrator has a right to cancel a price enquiry or order and/or block a user web account without compensating funds deposited on the user’s eAccount, should a user violate terms and conditions of the agreement or when his actions contradict the acting laws;
- 3.4.4. The administrator has a right to block the user web account at his own will without explaining the reasons. Back pay of funds deposited on a user’s eAccount is made to the user’s bank account within 7 working days;
- 3.4.5. The administrator has a right to cancel any incorrectly formed enquiries having pointed out the existent faults;
- 3.4.6. The administrator has a right to deny in registration of whatever user account, if there is a suspicion that user’s actions towards the web page and its users may be contradictory to the law;
- 3.4.7. The administrator has a right to get acquainted with the messages between users;
- 3.4.8. The administrator undertakes, if possible, to promptly repair damages and failures in the work of the web page software or hardware;
- 3.4.9. The administrator waives for free the material rights, obtained from translator in relation to translation, to a customer after acceptance of a translation by the customer and payment made for translation;
- 3.4.10. The administrator undertakes to change and upgrade work of the software and hardware installations basing on his own researches, also to study the requests and proposals submitted to the administrator by means of e-mail;
- 3.4.11. The administrator undertakes to check and assess the translators’ qualification.
4. Processing of Personal Data
4.1. The administrator has a right to process data that the administrator has received from user as a result of registration on the web page and in the course of the web page use or that is collected about the users while using the web page in the other manner (hereinafter personal data) on terms and according to the objectives, stipulated in the agreement.
4.2. The administrator collects and saves personal data in the electronic form, doing, if necessary, their extracts in other forms.
4.3. The administrator shall not disclose or give personal data to the third persons, except with the aim of cooperation and upgrading the web page, or according to the law.
5. Settlement of Disputes
5.1. Disputes between the users in relation to translations are settled by means of negotiations. Should the negotiations fail, a dispute has to be settled in the administrator arbitration.
5.2. Arbitration decision can be announced either in favor of translator or customer. Arbitration decision is made by the administrator committee members, independent in their activity.
5.3. Disputes between the administrator and users are settled by means of negotiations. Should the negotiations fail, a dispute has to be settled in accordance with acting laws.
6. Alteration of the Agreement
6.1. The administrator shall enjoy the right to alter the agreement unilaterally at any time.
6.2. The administrator is bound to inform the users about alteration of the agreement through notices published on the web page.
6.3. Alteration of the agreement is valid upon its publication on the web page.
6.4. Users provide their concurrence with alteration of the agreement by using the web page after the alteration will have been published.