Nirvana-Boya is a language consulting agency founded to provide professional language services to clients (the “Service Buyer”). If Service Buyers wish to access the services theCompany provide, please read the following conditions:
This is a legal agreement (“Agreement”) between the Service Buyer and Nirvana-Boya (Beijing) Translation Services Co. Ltd. (“Nirvana-Boya”), which will apply to the Service Buyer in respect of any and all services offered by or acquired (the “services”) from Nirvana-Boya. This Agreement sets forth the terms and conditions governing the access and use of our services including the provision of translation services resulting in text documents (“Translated Works”).
This Agreement may be amended at any time by Nirvana-Boya. And it is the sole responsibility of the Service Buyers to check, from time to time, the current version of the Agreement. The Service Buyer waives any claim regarding this issue.
Nirvana-Boya or the Service Buyer may terminate this Agreement at any time and for any reason, effective upon sending a written notice to the other party via email. The corresponding decision by Nirvana-Boya takes effect at the moment of sending such a notice to any email address advised by the Service Buyer. If the Service Buyer sends a notice of termination, the corresponding decision by Nirvana-Boya takes effect within 72 hours.
The Service Buyer will receive a quote for the service ordered after informing the sales team of their requests. Once the Service Buyer accepts the rate, Nirvana-Boya will send out a written quotation sheet via email to the designated email addresses provided by the Service Buyer for confirmation. Cooperation between two parties will come into effect right after Nirvana-Boya receives the Service Buyer’ confirmation. The Service Buyer may cancel a service request only if the job has not yet been assigned to Nirvana-Boya’s TEPers (Translators, Editors and Proofreaders).
Upon completion of a job, the Service Buyer will receive a Translated Work or other service deliverables, which may be accepted (or rejected). If the Service Buyer does not accept or reject a Translated Work or other service deliverables within 48 hours of receiving them from Nirvana-Boya, they will be deemed automatically accepted.
Nirvana-Boya hereby warrants that the TEPer employed must be over the legal age of his or her country and must be over the age of 18. Anyone who misrepresents his or her age will be denied the qualification of being a TEPer with Nirvana-Boya.
The services shall be delivered with reasonable skills and care in accordance with the standards of the industry. Nirvana-Boya shall rigorously select translators, interpreters and other personnel to produce the Translated Works and deliver the services.
Nirvana-Boya shall try its best to deliver high-quality Translated Work. However, it neverwarrants that the transmission of any Translated Work sent to the Service Buyer will be uninterrupted or totally error free.
Upon delivery of the Translated Work, the Service Buyer has 72 hours to notify Nirvana-Boya of any alleged inaccuracies found in it. Nirvana-Boya shall rectify the alleged inaccuracies, which are to be reviewed and determined by Nirvana-Boya in its sole discretion. If a Service Buyer does not notify Nirvana-Boya of such allegations, the Translated Work will be deemed accepted. In no case will such allegations delay payment by the Service Buyer or result in a refund by Nirvana-Boya.
Nirvana-Boya shall send a list of queries to the Service Buyer when necessary during project execution, and the Service Buyer shall respond to it before the submission of theTranslated Work. If the Service Buyer fails to make due responses, Nirvana-Boya shall incur no liability for innocent misrepresentation of the Original Work(s).
Nirvana-Boya shall not be legally answerable for innocent misrepresentation by virtue of any statement made by or on behalf of Nirvana-Boya, whether orally or in writing, and the Service Buyer shall not be entitled to rescind the Agreement on the grounds of any such misrepresentation. The Service Buyer acknowledges that the Original Works provided and Translated Works submitted through the Internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that Nirvana-Boya has no liability for the loss, corruption or interception of any Original Works or Translated Works.
Nirvana-Boya will not be accountable for the Service Buyer’s use of our translated works or/and any other services provided by us. Nirvana-Boya shall not be liable for losses of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, or any other indirect or consequential loss or damage whatsoever.
The Service Buyer will receive an email from Nirvana-Boya after the completion of the Translated Work or the delivery of other language services for the confirmation of payments. The email will cover but not limited to a list of deliverables, the total price and the bank account info. of Nirvana-Boya. If there is any alleged miscalculation of the payment,the Service Buyer shall notify Nirvana-Boya within 72 hours right after receiving the email. Ifthe Service Buyer does not notify Nirvana-Boya of any such miscalculations, the payment shall be deemed confirmed, and the Service Buyer shall pay Nirvana-Boya for the works and services via bank/electronic transfer within 15 days of the reception of the email.
Nirvana-Boya uses the Service Buyer’s personal/corporate information to provide the services only. We guarantee that tour bank accounts, email addresses, names and titles, or any other personal information such as twitter, Sina Weibo and QQ will never be disclosed to TEPers, except the case that they are contained in the Original Work for translation.
You warrant that you have all rights for, titles to, and interests in the Original Works and the Original Works will not infringe upon any third party’s rights. You hereby agree that you will indemnify and hold harmless Nirvana-Boya, its affiliates and its current and past staff from and against all claims brought by third parties related to any copyright infringement. All intellectual property rights (including, but not limited to copyright) in the Original Works shall vest in you (or your licensors).
All intellectual property rights in the Translated Works will be assigned to you upon receipt of full payment by Nirvana-Boya. For avoidance of doubt, you hereby grant Nirvana-Boyaand its subcontractors a perpetual, worldwide, royalty-free license to store and use the Original Works and the Translated Works.
You agree that any claim or dispute arising from your cooperation with us shall be governed by the laws and regulations of the People’s Republic of China without regard to the conflict of law provisions thereof. And you further agree that any such claims or disputes shall be resolved in the basic people’s courts and the intermediate people's courts located in Mainland China, and you agree to be subject to the personal jurisdiction in, and the exclusive venue of, such courts and waive any objection to such jurisdiction and venue for the purpose of litigating any such claim or dispute.
This version of the agreement was created on September 1st, 2013. This Agreement covers all aspects regarding the ordering of services provided by Nirvana-Boya. This Agreement will be amended at the sole discretion of Nirvana-Boya from time to time. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.