Terms of Service

Translation Terms of Service

Definitions

“Scrybs B.V.” is a company registered [72216336] in the Netherlands with its registered address at 41 Laplacestraat, Amsterdam, 1098 HR which carries on the business of arranging translation services for customers requiring such services.

“Client” means any person, natural or juristic to whom Scrybs is required in terms of this agreement to supply translations. The client is responsible for providing to Scrybs all works, including materials which describe the context of the translation and any other materials necessary to enable Scrybs to perform in terms of the agreement. The client should bear in mind that the quality of the translations necessarily are dependent on the standard of the client’s instructions to Scrybs.

“Work” means any form of prose or literature which requires translation from one language into another.

“Translations” include all translations and other elements of accompanying text and data provided by Scrybs to the client relating to the work.

“Written” or “writing” will include any communication in electronic form

Offer and acceptance:

2.1 The clients request for translations shall be contained in written requests for quotations;
2.2 Scrybs may provide the client with a written quotation;
2.3 Acceptance by the client shall be by way of a written purchase order acknowledging acceptance of Scrybs’ quotations and shall become binding upon the parties once confirmed by Scrybs in writing;
2.4 Full details of the intended purpose of the translation of the work shall be given in the client’s purchase order as are reasonably required by Scrybs to fulfil its obligations in terms of this agreement.
2.5 The client shall be solely responsible for providing Scrybs with the work(s) including any other necessary materials when providing the written purchase order. Although Scrybs may give advice on the materials to be provided, the client understands that the accuracy of the translation will depend on the quality and completeness of the work and the materials provided.

Agreed period for any translation:

3.1 The purchase order issued by the client shall specify the period within which the translation is to be completed. Scrybs shall use its best endeavours to meet the client’s deadline but it is to be understood that any such undertaking is based on Scrybs’ best estimates and Scrybs cannot guarantee an exact delivery time or date. Late delivery shall not entitle the client to cancel the agreement
3.2 The client shall specify any urgent translation required in its purchase order and in the event of any overtime or additional costs being incurred by Scrybs an urgency fee of at least 50% will be charged therefore;
3.3 The client may cancel any order provided Scrybs has not yet placed the order on a translator. Once the order has been received and Scrybs has instructed it’s translator, no cancellation refunds or credits of payment will be entertained
3.4 Translations will be dispatched to the client in the same manner and form as the client submitted the original purchase order

Prices and terms of payment:

4.1 Scrybs is a tradename of Buyers United B.V. a corporate entity registered in the Netherlands, and is registered for VAT in the Netherlands under number NL 8222.95.593.B.01. All Scrybs’ prices are exclusive of VAT. Scrybs applies all prevailing law as follows;

(a) A customer (Whether a corporate entity or an individual “Customer” ) whose place of business is in the Netherlands, irrespective of whether liable for VAT or not will be levied at 21%;

(b) A customer whose place of business is within the EU and who provides proof of VAT
registration will be exempt from paying VAT;

(c) A customer whose business is within the EU and who is not VAT registered will be levied at the country’s respective VAT rate;

(d) A customer whose business is located outside the EU will be exempt from paying VAT.

The customer will be responsible for providing Scrybs with all necessary documentation in order to permit Scrybs to implement the aforegoing and warrants the correctness of such information.
4.2 Payment shall be made immediately by the client upon Scrybs’ acceptance as provided above.
4.3 All payments shall be in UK pounds sterling, US dollars or Euros and shall be paid into the account of Scrybs at PayPal or Stripe.

Liability:

5.1 The client understands that translation is not an exact science and that from time to time errors will occur. Once Scrybs has delivered the translated works, the client must submit in writing (specifying clearly the nature of the alleged defects) within 7 days. Should Scrybs not receive such complaint within 7 days, the work shall be deemed to have been approved. Should Scrybs in its sole discretion determine that the complaint is justified, client shall not be entitled to cancel the order, but Scrybs undertakes to remedy the defect within a reasonable period.
5.2 Whilst Scrybs will take every precaution to ensure that each translation is accurate, Scrybs will accept no liability for any consequential damage which the client may suffer as a consequence of any defect in its translations. The client hereby expressly indemnifies Scrybs against any liability which exceeds the cost of the translation. Such indemnity will include any damage directly or indirectly attributable to any negligent act or omission of Scrybs, its employees or translators.

Non-disclosure:

6.1 Scrybs undertakes to ensure that each translator who works on any matter submitted by the client enters into an appropriate non-disclosure agreement;
6.2 Scrybs will use its best endeavours to enforce such non-disclosure agreement with its translators but cannot be held liable for any damage or loss caused breach of such non-disclosure undertakings by the translators.

Offensive or illegal matter:

7.1 Scrybs shall not be obliged to cause translations to be made of any matter which is offensive or unlawful

Copyright:

8.1 The client warrants that the copyright subsisting in all works and materials which it supplies to Scrybs for translation vests in the client or that the client has a licence to exploit such copyright. The client shall indemnify Scrybs against any claim from a third party arising out of copyright in any material supplied by the client vesting in such third party;
8.2 The copyright subsisting in any work supplied to Scrybs for translation purposes will at all times remain the property of the client;

Disclosure

The client assumes the obligation to review all translations carefully before publication for use. Scrybs will be indemnified against any liability of whatsoever nature arising from disclosure by the client without such review.

Whole Agreement

This agreement constitutes the whole agreement between the parties and may not be amended or modified save in writing, electronically signed by both parties. The client acknowledges that no representations have been made to it other than those contained herein.

Governing Laws and Jurisdiction

The agreement will be governed and interpreted in accordance with the law of the Netherlands, and the courts of the Netherlands shall have non-exclusive jurisdiction to adjudicate disputes arising between the parties in relation to the agreement

Scrybs Saas Terms of Service

Introduction

1.1 Scrybs is a website providing multi-purpose translation tools and other related services.
1.2 In using Scrybs services, you acknowledge that it may change the service from time to time as it adapts, refines and adds features to meet changing needs of the end user as well as due to continuous software developments. We may as a result need to stop, suspend, modify or remove our services, content or features without any prior notice to you.
1.3 In addition, you acknowledge that there are circumstances both within and outside of our control in the running and maintenance of the Scrybs website. While every effort will be made to ensure continued access to our services, you acknowledge that the service may be interrupted, suspended or terminated for any reason. Scrybs further retains the right to deny service or access to the service to any individual or account at any time, for any reason whatsoever, at its sole discretion.

Registration

2.1 Registration is a requirement for the use of Scrybs services. Once you are a registered user, Scrybs takes no responsibility for any and all activities occurring under your account. You remain responsible for the content and use of your website while using Scrybs services.
2.2 As a registered user you should carefully consider any and all content and communications you wish to share or make available to the public,for which you are solely responsible and liable.

Proprietary Rights

3.1 The Scrybs name and logo are the intellectual property of Scrybs and are protected by Copyright, Trade Mark and other laws of the Netherlands and other Berne Convention countries. You may not use Scrybs trade marks, logos, domain names or any other features of its brand.

License to use and Access the Service

4.1 Scrybs grants you a non-transferable, non-exclusive, limited and revocable license to use its service, subject to these terms and conditions
4.2 Any new features that Scrybs chooses to include which enhance or supplement its current service in any way (including new tools and resources), will be subject to these Terms. If you continue to use Scrybs services after these changes, you are deemed to consent to these changes.
4.3 This licence will in no way be construed as a waiver of Scrybs rights as proprietor of the intellectual property attaching to its service
4.4 Any use or conduct that Scrybs deems to be an abuse or any non-compliance with these terms whatsoever shall result in the termination of your account. This determination is within the sole discretion of Scrybs.

Software Services and use Thereof:

5.1 You will be able to download or plugin and install Scrybs software services on your website. Scrybs services are available to you to use for a free 15 (FIFTEEN) day trial. During this time you will have access to its limited feature software.
5.2 Once the trial period has expired, you will have the choice of either continuing to use the free version or upgrading to the premium/paid version of Scrybs software. The premium version of Scrybs software has more features than the free version and is available in three categories – Startup, Business and Enterprise – to suit your specific needs.
5.3 Once you have elected to purchase Scrybs services, you will be charged a yearly premium to renew the licensed use of its software services. Scrybs has its own cloud based translation platform which will complete orders for you.
5.4 Please note that you will have to authorise all credit charges. Should you run out of word credits, professional translation funds or your account comes up for renewal, you will have to manually top out your account.
5.5 You will also be required to renew your license to use Scrybs services on an annual basis. The API (application programming interface) key used by you is only valid for a year and will need to be renewed to keep it valid for the following year. You will be alerted via e-mail 1 (ONE) month before your license is due to expire.
5.6 The prices of all Scrybs software services are subject to change upon 30 days’ notice from it. Notice may be provided at any time to the account holder by e-mail, by way of posting on the website or the software service itself.

Termination of Services by Scrybs

6.1 Scrybs reserves the right to terminate, suspend access or remove any content whatsoever in the service without prior notice and without liability and for any reason whatsoever, including but not limited to the breach of these terms or the violation of any applicable laws.
6.2 Scrybs endeavours to provide advance notice of any termination where possible, save in circumstances that may, in its determination, require immediate termination.

Cancellation of Services by User

7.1 The user may cancel its license with Scrybs at any time. The license will terminate at the end of the calendar month of the cancellation.
7.2 Cancellation of a license does not mean that the user qualifies for a refund for the remaining duration of the license. Scrybs will not refund any purchase of our services.

Professional Translation Services

You can find the terms and conditions pertaining to Scrybs’ professional translation services in the legal terms immediately preceding or Saas terms.

Service Level Agreement (“SLA”)

9.1 Scrybs offers support to its users on both an e-mail and online chat basis.
9.2 Scrybs aims to get back to its users within 24 hours of receiving a notification from them.
9.3 Scrybs endeavours to maintain service uptime and performance as far as reasonably possible.

Disclaimer Limiting Liability

10.1 Scrybs makes no warranties, express or implied or statutory, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose with respect to any matter arising under this agreement including but not limited to software services, professional translation services, community translation services and machine translation services, unless expressly provided herein. You acknowledge that Scrybs does not warrant access to the translation websites and translated content will be uninterrupted, without defect and error, absolutely secure, or without infiltration or compromise of security systems, unless expressly provided for.
10.2 Scrybs specifically disclaims any liability for any content downloaded, made available or otherwise obtained through the use of its services. The use of its service is accessed entirely at your own risk and you will be solely responsible for any loss or damage of any nature whatsoever arising from any downloaded or available content.
10.3 Scrybs shall not be held liable for any loss of any nature whatsoever that you may incur as a result of someone else using your account, account password or account information, either with or without your knowledge.
10.4 You agree to indemnify Scrybs and all it agents from and against any and all claims, losses, damages, liabilities and expenses of whatsoever nature incurred or asserted by any party as a result of this service.

Governing Laws and Jurisdiction