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Purchase Agreement
All Users who wish to proceed with a
transaction must agree to be bound by all of the terms and provisions of this Wordzone.com
Purchase Agreement (hereinafter referred to as "WZPA").
Terms and Provisions
This WZPA is between you (the "Purchaser")
and Wordzone.com (hereinafter referred to as "WZ").
Eligible Users
The products and services provided by WZ are
available only to individuals who are of legal age and who are capable of forming legally
binding contracts under applicable law. Without limiting the foregoing, WZ products and
services are not available to minors. Each Purchaser must have a valid email account, a
valid credit card, and access to the World Wide Web. You are responsible for paying all
applicable taxes and for all hardware, software, service and other costs you incur to
purchase from us or access our services. We may in our sole discretion add, delete or
change some or all of our services at any time.
Products and Services
The products and services available through WZ are
designed to enable Internet users to purchase translation, proofreading and interpretation
services (hereinafter referred to as "Services") and to enable translators and
interpreters (hereinafter referred to as "Professionals") to accept jobs.
Instructions on how to purchase Services can be found in the Instructions for relevant
services.
Acceptance of Wordzone Purchase Orders
The Purchaser acknowledges that WZ has the right, at
its sole discretion, to deny access to the Purchaser to any of the products and services
available through WZ and to refuse the offer of the Purchaser to purchase any WZ product
or service.
The Purchaser acknowledges that the acceptance of the
terms of this Agreement does not constitute an acceptance by WZ of the Purchaser's offer
to purchase any WZ product or service. Such acceptance, if any, by WZ will only be upon
the Purchaser's full completion of the purchase order procedures, the completion of all
verification procedures by WZ and its providers, and WZ's acknowledgment of its acceptance
of the Purchaser's purchase order (hereinafter defined).
Upon completion of the purchase order, and for WZ to accept such Purchase Order, the
Purchaser hereby represents and warrants to WZ the following: The Purchaser is 18 years of
age or older and is of sound mind and capacity and is willing and able to be bound by the
terms hereof.
All personal information provided by the Purchaser on the Purchase Order, including,
without limitation, the Purchaser's name, mailing address, email address and credit card
is true and correct in all respects. The Purchaser is making payment of the purchase price
for the services with a valid credit card issued in the name of the Purchaser and the
Purchaser's the true and lawful holder of the said credit card. The intended recipient of
the Services to be purchased by the Purchaser has a valid email address and has access to
the Internet.
All information provided by the Purchaser on the Purchase Order relating to the Recipient,
including, without limitation, the Recipient's name, email address and related information
is true and correct in all respects. The Purchaser acknowledges that the Purchaser is
solely responsible for providing WZ with the correct email address of the Recipient and,
subject to the specific obligations of WZ set forth in this Agreement, WZ will have no
liability arising out to the Purchaser's failure to provide WZ with the correct email
address and other information regarding the Recipient.
The Purchaser acknowledges that WZ, its directors, officers, employees, vendors, service
providers and agents will rely on the accuracy and truthfulness of the forgoing
representations and warranties and the statements made in the Purchase Order in making a
determination to accept the Purchase Order, and further acknowledges that the Purchaser
may be liable to WZ and such other parties referenced herein for any and all losses or
damages suffered by them in connection with or as a result of any misrepresentation or
breach of a warranty by the Purchaser.
Obligations of the Purchaser
In addition to the obligations of the Purchaser with
respect to the Purchaser's Representations and Warranties and as otherwise set forth in
the Purchase Order, the Purchaser is obligated to notify WZ of any change in the
Purchaser's email address, any errors in the Purchase Order or in the Purchaser's
representations and warranties, and is otherwise obligated to cooperate with any
reasonable requests of WZ in connection with WZ's delivery of services or notification to
the intended recipient of the Services.
Obligations of WZ upon acceptance of Purchase
Order
In addition to the other obligations of WZ
specifically stated elsewhere in WZ's Terms of Service, upon WZ's acceptance of the
Purchase Order, WZ will perform the following:
(a) provide Confirmation of Order (Confirmation).
(b) forward material to Professional who has committed to performing Services regarding
this material including delivering a translated and/or proofread document from and to the
language combination ordered, within a reasonable amount of time, according to the number
of words and difficulty of the Services required.
(c) put forth reasonable efforts to ensure the quality of the Services, however WZ makes
no warranty that the service will meet your requirements, or that the service will be
uninterrupted, timely, secure, or error free; nor does WZ make any warranty as to the
results that may be obtained from the use of the service or as to the accuracy or
reliability of any information obtained through the service. WZ makes no warranty
regarding any goods or services purchased or obtained through the service or any
transactions entered into through the service.
(d) WZ will send completed Service to the Recipient's e-mail address provided. The
Purchaser acknowledges that WZ can not guarantee the delivery date, and cannot guarantee
delivery, since WZ does not control the delivery networks. WZ will make three (3) attempts
to deliver the product/Service to the Recipient at the e-mail address specified by the
Purchaser in the Purchase Order. If, after three (3) delivery attempts, WZ is unable to
deliver, WZ will attempt to notify the Purchaser at the Purchaser's email address that the
delivery attempts were returned as undeliverable. WZ will not be responsible if the
Recipient does not receive the product/Service; provided that WZ follows the procedures
set forth above. If the Purchaser does not respond within 7 (seven) days following
the date of WZ's notification to the Purchaser of WZ's inability to deliver the
product/Service, WZ will destroy the undeliverable product purchased by the Purchaser.
During these 7 days the Purchaser is responsible for providing WZ with new delivery
information, by contacting WZ at translations@wordzone.com.
WZ will not refund any fees.
Dispute
Should the Purchaser be unsatisfied with the quality
of the Services provided by WZ, the Purchaser is required to contact WZ at dispute@wordzone.com specifying the reasons for
dissatisfaction, within (7) seven days of delivery of product/Service by WZ. WZ will
give full consideration to the Purchaser's comments. WZ will then either: (a) have the
Service redone at no extra charge to the Purchaser, or (b) will consider that the
Service already done meets industry standards. In the case of the Service meeting
industry standards, WZ can for an extra fee have the document edited by a different
Professional. Should WZ decide to issue refund to the Purchaser, refunds will be given for
the amount of purchase. All Refunds will be made to the credit card of the Purchaser
designated on the Purchase Order. No refunds will be made in cash.
Acknowledgments of the Purchaser
The Purchaser acknowledges and agrees to the
following: WZ will not be responsible for or incur any liability to the Purchaser in
respect to any fraudulent use involving a purchase by the Purchaser or any unlawful or
fraudulent use of the Purchaser's credit card by any person unless such fraud is effected
through the knowing wrongful acts of WZ or its representatives. The Purchaser will be
individually liable and may be subject to criminal prosecution for any fraudulent or
unauthorized use of a credit card or other fraudulent act by the Purchaser. In the absence
of a wrongful, intentional act of WZ or its representatives, WZ will not be responsible
for or liable to the Purchaser or the Purchaser's intended Recipient if an unintended
third party possesses access to the intended Recipient's email account and fraudulently
acquires product/service.
WZ considers information about the Purchaser and Recipients strictly confidential and will
not make such information available to anyone outside of WZ, its agents and its service
providers unless otherwise specified in WZ's Terms of Service. WZ will retain adequate
information to resolve future disputes, and reserves the right to retain information
solely for the purpose of resolving potential disputes. In addition, WZ reserves the right
to disclose confidential information in compliance with any statute, warrant, subpoena,
order of a court or other governmental agency, entity , body or subdivision or in
connection with a court action brought by the Purchaser against WZ, or any of their
agents, employees, officers, directors or service providers. The Purchaser further
understands that each recipient will be required to agree to these terms. It is the
Recipients responsibility to maintain a current email address with WZ.
Assignment
This Agreement may not be assigned by the Purchaser
without the prior written consent of WZ; provided, however, that this Agreement shall be
binding upon and inure to the benefit of the parties hereto and the successors and assigns
of WZ and the heirs and legal representatives or the Purchaser.
Governing Law
The validity, interpretation, construction and
performance of this agreement shall be governed by the law of the United States, State of
Illinois, without regard to its principles of conflicts of laws. The parties hereby
consent to and submit to this jurisdiction as the sole and exclusive forum for all matters
of disputes arising under or relating to this Agreement or the relationship of the parties
with respect to the subject matter hereof. The parties further agree that in the event of
any action or suit as to any matters of dispute between the parties, service of any
process may be made upon WZ at its principal place of business and upon the Purchaser at
the Purchaser's mailing address listed on the Purchase Order, and any such service shall
be proper service regardless of whether such service is refused.
Severability
The provisions of this Agreement shall be severable,
and if any provision of this Agreement shall be held or declared to be illegal, invalid or
unenforceable in any jurisdiction, such illegality, invalidity or unenforeablitily shall
not affect any other provisions hereof or the interpretation and effect of this Agreement
in any other jurisdiction, and the remainder of this Agreement in any other jurisdiction,
and the remainder of this Agreement, disregarding such illegal, invalid or unenforceable
portion, shall continue in full force and effect as though such illegal, invalid or
unenforceable provision had not been contained herein.
Nature of Relationship
Nothing herein shall be construed to place the
parties in a relationship of partners, principal and agent or as entering into a joint
venture.
Force Majeure
Notwithstanding any other provision of this Agreement
to the contrary, WZ shall not be liable to the Purchaser for any failure to fulfill WZ's
obligations hereunder if such failure to fulfill WZ's obligations is due to any labor
dispute, fire, flood, law, governmental or political action, act of God or any other cause
beyond the reasonable control of WZ. In the event of any such occurrence, the time period
for WZ's performance under this Agreement shall be correspondingly extended.
Entire Agreement; Amendment and Modification
This Agreement, the Terms of Service and Disclaimers,
the Purchase Order constitutes the entire agreement of the parties with respect to the
subject matter hereof and supersedes all oral and written representations, agreements and
understandings between the parties with respect to the subject matter. All section
headings are for reference purposes only and shall not affect the meaning or
interpretation of this Agreement. This Agreement, the Terms of Service and Disclaimers may
be modified, amended or updated by WZ without notice, provided that any modification,
amendment or update to this Agreement will only be effective against the Purchaser for
purchases occurring after the effective date thereof, which effective date will occur on
the date that such modified agreement is posted on this web site.
See also: Terms of Service and Privacy Statement
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