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    Terms and Conditions
    Last updated: 2018-10-05
    
    General Provisions
    
    These Terms and Conditions regulate the rights and obligations of Afterwords Translations, LLC (“Afterwords”, “we”, “us”, “our”) and Purchasers of Services (“you”, “your”), collectively known as “Parties”. These terms and conditions are an integral part of the Purchase Contract between us and you. Provisions stipulated in any Purchase Contract that are different from the terms and conditions set forth herein take precedent. These terms and conditions will change from time to time. You agree to the current version of these Terms and Conditions no matter the date. To opt-in to receive notification of updates to the Terms and Conditions, please contact us (info@afterwords-t9n.com).
    
    The Parties to this agreement acknowledge that the terms and conditions set forth below constitute full and adequate mutual considerations. Based on such mutual consideration, Parties agree as follows:
    
    Services and Code of Ethics
    
    Afterwords Translations, LLC is in the business of translation and localization services (“Services”) and agrees to comply with the Code of Ethics and Professional Practice of the American Translators Association (“ATA”) in the provisioning of those services. For the purpose of these terms and conditions, “translation and localization” are defined in conformance with the United Nations International Standard Industrial Classification of All Economic Activities (ISIC) as “specialized professional, scientific, and technical activities [that] require a high degree of training, and make specialized knowledge and skills available” to Purchasers.1 Translation and localization services are understood to include translations, localization of translations, and translation- and localization-related tasks, such as transcreation, editing, subtitling, desktop publishing, which require the skills of a translator and/or localizer.
    
    Purchase Contract
    
    The subject of the Purchase Contract between Afterwords and Purchasers is the delivery of services as set forth in a specification agreement that has been agreed to by both Parties. That specification agreement shall set forth in writing the parameters for processing the content for translation and localization. These parameters may include but are not limited to the function of the content for translation, whether overt or covert translation shall be used, the files for localization, whether content will undergo Purchaser review, the supporting reference materials, any special issues of confidentiality, liability, and/or copyright, the deliverables and delivery method, and the payment terms. Any fee(s) and delivery schedule(s) agreed to in advance by Afterwords and Purchasers become binding only after we have received and reviewed the finalized source material and made written updates to agreements to account for new parameters introduced into finalized content for translation and localization, or after Purchasers have confirmed that no changes have been made to content as established in the specification agreement.
    
    Any reference made in this Agreement to “in writing” includes email communication.
    
    Supplementary charges may also be agreed to in advance, such as those arising from: (a) inconsistent text, poorly legible copy, or complicated layout or presentation; and/or (b) certification; and/or (c) priority work or work outside of normal business hours.
    
    If any changes/revisions are made to the source content or project specifications at any time while the task is in progress, our fees, charges, and terms of delivery may be adjusted by mutual agreement in writing. We reserve the right to stop work until updates to project specifications, including fee(s) and delivery schedule(s), have been mutually agreed to in writing. We reserve the right to demand payment for work completed at the time the changes/revisions to the source content or project specifications were received from you by us. 
    
    We require an advance payment of fifty percent of the total agreed upon charges for the work as set forth in the specification agreement, along with additional payments to be made at certain project milestones as agreed to by all Parties. In the event that a project is canceled while the job is in progress, we may elect to retain the advance payment of fifty percent of the total agreed upon charges, plus additional charges to cover work completed beyond the services covered by the advance payment. Should any payments not be made in conformance with the payment schedule agreed to by both Parties, we reserve the right to stop work until the outstanding payment is received and to extend the deadline(s) for delivery accordingly.
    
    Notwithstanding any delays caused on the side of the Purchaser of translation and localization services, delivery shall be made in conformance with the specification agreement and other written agreements. The Purchase Contract shall be considered to be concluded once this delivery has been made. Any final payment installments shall be due fourteen (14) days from the date of final delivery.
    
    Quality Assurance
    
    The Purchaser of the translation and localization services retains the copyright to the target content produced as a result of the Purchase Contract. If the Purchaser makes any changes to the target content delivered without our knowledge, the Purchaser assumes all liability for the altered target content, and any mistakes that may have been inadvertently introduced within. The fee(s) and schedule(s) for any Purchaser reviews must be agreed to in advance by the Parties. If we are not alerted to any Purchaser review requirement within the specification agreement, we reserve the right to refuse to implement any stylistic revisions requested as a result of that review. If in your substantiated opinion, we have delivered substandard Services in relation to the specification agreement, you must inform us in writing within fourteen (14) days of receipt of the deliverables. You must give us reasonable time to corroborate any quality concerns and, if corroborated, reasonable time to bring the work up to the required standard. If this procedure is unsuccessful, a partial refund may be agreed to in writing by both Parties.
    
    Ownership of Translation and Localization Deliverables
    
    The Purchaser of the translation and localization services retains the copyright over the target deliverables as agreed to in the specification agreement upon full payment of the agreed to fee(s). 
    
    Purchaser understands that we may develop at our own cost the basic reference materials required to achieve consistency in a single translation and localization product or in multiple translation and localization products over time. If we undertake the cost of developing these reference materials we retain the right of copyright over any non-Purchaser-identifying information within. Purchaser retains the right over any trademarked terms.
    
    Indemnification
    
    All Parties agree to indemnify and hold harmless the other and such indemnified Party’s subsidiaries, directors, officers, agents, and employees from and against all claims, liabilities, and expenses, including reasonable attorneys’ fees, which may result from acts, omissions, or breach of this Agreement by the indemnifying Party, its subcontractors, employees, or agents. This provision shall survive the termination of this Agreement.
    
    Notwithstanding anything to the contrary, except in case of willful misconduct or gross negligence, our entire liability to Purchaser for damages or other amounts arising out of or in connection with the Services provided by us hereunder shall not exceed the total amount of payments made by the Purchaser to us under this Agreement.
    
    Confidentiality
    
    Information is deemed Confidential Information if, given the nature of Company’s business, a reasonable person would consider such information confidential. All Parties agree to: (a) exercise the same degree of care the parties’ accord to their own most sensitive Confidential Information, but in no case less than reasonable care, and (b) to use Confidential Information which Parties’ provide to them only under the performance of Services for Parties’ and not for Parties’ own benefit. 
    
    Non-Exclusivity
    
    You acknowledge the we may perform Services for other customers, persons, or companies during the term of this Agreement as we see fit, subject to the terms of this Agreement.
    
    Non-Inducement/Non-Solicitation
    
    For the duration of this Agreement and for a period of one (1) year immediately following its termination, we will not: (a) induce, solicit, or recruit, or attempt to induce, solicit, or recruit, any of your employees to leave their employment or otherwise terminate their relationship with you, or (b) solicit work from parties known by us to have commissioned work from you.
    
    Dispute Resolution
    
    In the event a dispute arises between the Parties which they are unable to resolve among themselves, the Parties agree to participate in mediation in accordance with the mediation procedures of the American Arbitration Association. Judgment on the arbitrator’s award may be entered by any court of competent jurisdiction.
    
    Severability
    
    If any provision of this Agreement is held to be invalid or illegal, such invalidity or illegality does not invalidate the remainder of the Agreement. Instead, this Agreement is then construed as if it did not contain the illegal or invalid part, and the rights and obligations of the Parties are construed and enforced accordingly.
    
    Entire Agreement
    
    This Agreement contains the complete Agreement of the Parties and supersedes any and all other agreements between the Parties. 
    
    © Afterwords Translations, LLC as adapted from the ATA (American Translators Association) Translation Services Agreement
    
    1 Quoted in Arturo, Paula, “Unraveling Translation Service Contracts,” The ATA Chronicle
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    Privacy Policy
    Last updated: 2018-10-08
    
    Who we are
    
    Afterwords Translations, LLC (“Afterwords”, “we”, “us”, “our”) is a limited liability company registered in the state of Wisconsin. We provide translation and localization services. Our website address is: https://www.afterwords-t9n.com. We can be contacted at info@afterwords-t9n.com. 
    
    Statement on confidentiality
    
    At Afterwords Translations, we acknowledge that mishandling your content does damage to your brand, reputation, and bottom line. We commit to handling your data with at least the amount of care with which we’d handle our most sensitive personal information.
    
    Statement on cookies
    
    Our website uses cookies to ensure a smooth browsing experience for you. If you browse our website, we assume you accept the use of cookies. Cookies are bits of information (memory files) stored in your browser by sites you visit. As is common practice with almost all websites, this site uses cookies to improve your experience by remembering your preferences and enable other cookie-based features, such as analytics. 
    
    When you submit data through a form such as our contact form, cookies may be set to remember your user details for future correspondence. In order to provide you with a better experience and remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page. In special cases, we also use cookies provided by third parties like Google Analytics. Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content.
    
    If you wish to disable cookies, most browsers let you refuse to accept cookies. See your browser Help or Tools for how to do this. Be advised that disabling cookies may affect the functionality of this and many other websites you visit.
    
    Data collection and processing
    
    If you elect to submit a message through the contact form on this website, we collect the name, email address, and message submitted. This information is housed by the website service we use and can be exported for physical storage on our private network.
    
    If you wish to opt out from having your name and email address collected by our website service, or if you have submitted personal information via the contact form and wish to have that data removed from our systems, please email us directly at info@afterwords-t9n.com.
    
    Our email is hosted by Protonmail (encrypted email). Any email you submit to the domain of afterwords-t9n.com is only accessible and viewable by us. We are only able to access and view any email correspondence submitted by you by passing through two-factor authentication. Should you wish to have email correspondence you have submitted to us removed from our system, please email us directly. 
    
    When you submit new projects to us, that data passes from encrypted email to a dedicated network location of a password protected data storage device. When we have completed work on the source content you have submitted, personally identifiable information within the source and target content is removed. The anonymized content is then moved to a separate location on the password protected data storage device destined for backup on a second data storage device and on the cloud. Data backed up to the second data storage device is password protected with encryption. Data backed up to the cloud is password protected with three layers of encryption.
    
    No personally identifiable information within the source or target content of projects submitted to us for translation and localization is stored in our data backups.
    
    In the course of business, we collect data necessary for the financial processing of any job, such as the contact details of the requester and any relevant purchase orders and job contracts. When you submit payment to us, a record of that payment is maintained by our banking institutions and in any associated email notifications. We retain the right to maintain this data indefinitely as part of the standard financial and legal record-keeping of our business.
    
    Please be advised that while we will take reasonable measures to remove any of your personal data that you wish to have removed from our systems, we retain the right to maintain data associated with certain communications (job requests) which constitutes necessary data for business record-keeping and to protect our legal and financial interests should any disputes arise out of our collaboration with you. 
    
    Why we collect your data
    
    We collect your data when you communicate with us in order to provide you the translation and localization services you request. We make every effort to collect as little of your data as possible, and to adequately protect the data of yours that we retain as part of the standard record-keeping of our business. 
    
    We maintain backups of the content of yours that we have processed in order to facilitate ongoing working relations and to provide consistent services to you over time. We maintain your data in our financial records for normal tax reporting purposes. We also maintain records of specification agreements and other job documentation in order to have the necessary records to protect our interests should any disputes arise out of our collaboration with you.
    
    Retention periods
    
    We retain no personally identifiable information in the source or target content we process as part of job requests from you. We retain records related to job requests indefinitely as part of the standard business record keeping that protects our legal and financial interests. These records include any communications carried out in writing, such as through purchase agreements, email, chat conversations, and in written correspondence.
    
    Changes to our Privacy Policy
    
    This Privacy Policy will change from time to time. You agree to the current version of this Privacy Policy no matter the date. To opt-in to receive notification of updates to the Privacy Policy, please contact us (info@afterwords-t9n.com).
    
    Further questions and contact
    
    If you have any questions regarding this Privacy Policy, if you wish to exercise any of your rights in relation to your personal information, or if you wish to object to our collection, processing, or retention of your personal data, please contact us (info@afterwords-t9n.com) in care of our Data Protection Officer.
    
    © Afterwords Translations, LLC