TheSpeech | Auth

1. Provisions for contracting organizations

If you register as a company acting as employer or principal (or equivalent) of several Interpreters then you shall undertake the compliance with the below provisions and acknowledge the followings on behalf of each delegated Interpreters with the marked deviations.

2. Definitions

“Account” means the page on the Platform created during the registration, which is suitable for the identification of each Interpreter.
“Application” means the application through which the Customer is streaming the Event and is downloadable from Google Play Store and App Store.
“Content” means the content of any and each Event provided by the Customer which is to be interpreted by the Interpreters
“Customer” means any registered legal or other person who wishes to orderthe Interpretation Service through the Platform for its/his/her Event.
“Event” means the live happening of the Customer which was published on TS`s platform, and to which the Platform enables to the Interpreters to connect and provide Interpretation Service in accordance with the terms of this Agreement.
“Interpreted Text” means the interpretation of the Content from the source language to the target language during the Interpretation Service.
“Interpretation Service” means the live simultaneous interpretation of the Content in different languages provided by any Interpreter and which is streamed by TheSpeech.
“Invoice” means the invoice of the Interpreter issued in accordance with the accounting rules of your residence.
“Material Deviation” means any misunderstanding of the Content by the User due to the misinterpretation of the Interpreter which results that the Users receive different information than the Customer wishes to transmit.
“Offer” means your bid regarding the provision of the Interpretation Service for a specified Event. Each Offer shall be made for a time sloth.
“Platform” means the Customer’s web-based service, where the Customer may create its channel(s) and live event(s), and where Interpreters may register and provide their skills and abilities and by which the voice channels of the interpretation are streamed to the Users.
“Technical Issue” means any issue arising from the defect of the TheSpeech, for e.g.: any errors of the source code; etc.
TS`s Service” means the operation of the TheSpeech i.e., where the Customers can register various Events, and order Interpretation Services to their Events, an instrument which helps to establish connection between the Customers and the Interpreters and also the streaming the voice channels of the Interpretation Service.
“TheSpeech” means together the Platform and the Application.
“User” means the user of the application who is the listener of the Interpretation Service.

3. Registration and Offers

3.1. During the registration, you should provide all your language skills, level of your knowledge, any organizations you belong to if there’s any, and you have to attach all certificates you have and any other relevant documents or other information which proves your skills and qualifications.
3.2. At the end of the registration process you will receive your username and password and your Account will be ready to use.
3.3. If an Event is created with interpretation requirements that is matching your profile, you will receive a notification about it through the Platform and you shall decide whether you want to make an Offer and provide Interpretation Service for such Event or not.
3.4. After You made an Offer the Platform will forward Your data provided during the registration to the Customer. It is the Customer’s sole discretion to decide that which Interpreter the Customer want to engage. If the Customer accepts an Offer it constitutes an agreement between the Customer and the Interpreter in accordance with the terms of the present Agreement.
3.5. If You are unable to provide Interpretation Service, You shall immediately notify the Customer. You may cancel your participation before the 48 hours to the start of the Event without any penalty.

4. Fee

4.1. You are entitled for a fee after each time you provided Interpretation Service for an Event. Upon registration you have to give the minimum fee for a time sloth you request per language pairs you speak.
4.2. And the final fee you are entitled after each Event is depending on your Offer and the length of the Event (minutes).
4.3. TS shall pay you the fee within 8 days after receiving your Invoice to the bank account provided by You during the registration.
4.4. If the Customer cancels any Event within 48 hours to the start of such Event, and You were one of the selected Interpreters on that Event, You are entitled for the 50% of the fee accepted by the Customer.
4.5. If You cannot provide Interpretation Service on any Event where you were selected within 48 hours to the start of such Event, you have to pay the 50% of the fee indicated in the Offer.
4.6. TS is entitled to withhold the 15% of your fee as a compensation of TS`s Service.
4.7. If you are a contracting organization then the abovementioned fees shall be paid to you and will be credited to your bank account provided during the registration per each delegated Interpreter. And such Invoice shall be provided to TS which contains the fees of each Interpreter.

5. Undertakings

5.1. The TS hereby undertakes that it shall:
- pay the fee determined in this Agreement;
- provide TS`s Service without any technological issues or bugs which makes the performance of the streaming service or the interpretation service impossible.
5.2. You as interpreter hereby undertake that You shall:
- not deviate from the Content provided by the Customer;
- enter to the Event on the Platform minimum 10 minutes before the start of the Event;
- make sound and microphone check before each Event
- start following the Event if the link of the source has been already provided by the Customer. If the link of the source is not provided yet, You shall stand still and wait for the link of the source to appear.
- provide the Interpretation Service in appropriate linguistic and technical quality;
- promptly notify the TS if You cannot be available during the Event;
- not disconnect from the Platform during the Event and interrupt the Interpretation Service outside any other reason arising from any technical defect of the Platform;
- if you are not the first Interpreter in an event, make sure you follow the Interpreter before you in the last minutes of its Interpretation, and upon signal comes up you start your own turn;
- notify the helpdesk immediately if you face with any technical issue during the Event.

6. Warranties

6.1. The TS hereby represents and warrants that it has:
- the appropriate rights and
- the appropriate technology to provide the TS`s Service in good quality.
6.2. You as the interpreter hereby represent and warrant that You:
- are over 18 years and have the appropriate skills and qualifications or experience;
- have eligible technical equipment to provide the interpretation services without any interruption and in good quality (desktop or laptop computer, headphone, microphone and silent room, cable internet connection (at least ADSL connection with 1Mbps upload).

7. Liability for the Interpretation Service

If you make any Material Deviation from the Content provided by the Customer intentionally or gross neglect more than 3 Events TS may immediately delete your registration.

8. Ratings

The Users and / or Customers may give ratings after each Event regarding their opinion about quality of Your Interpretation Service and You acknowledge that the low rating TS may immediately delete your Account.

9. Disclaimer and limitation of liability

9.1. The TS shall use reasonable skill and due care in providing the operation of the Platform/Application. The following disclaimers are subject to this express warranty.
9.2. The TS is only liable for the Technical Issues arising from the defect of the operation of the TheSpeech. And You shall be liable for any other issues which do not result from the above.
9.3. The TS hereby expressly excludes its liability regarding the content provided by the Customer.
9.4. The TS does not guarantee, represent, or warrant that Your use of the Platform will be uninterrupted or error-free, and you agree that from time to time the TS may remove the TS`s Service for indefinite periods of time, or cancel TS`s Service in accordance with the terms of this Agreement.
9.5. You expressly understand and agree that the TS`s Service is provided on an “as is” and “as available” basis. The TS and its officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. in particular, the TS and its officers, directors, employees, agents, partners and licensors make no warranty that (i) the service provided by the TS will meet your requirements; (ii) your use of the service provided by the TS will be timely, uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the service provided by the TS will be accurate or reliable; and (iv) any defects or errors in the software provided to you as part of the service will be corrected.
9.6. The TS does not represent or guarantee that the TS˙s Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the TS disclaims any liability relating thereto.
9.7. To the maximum extent permitted under the applicable law, the TS and partners, representatives, directors and employees are not liable for any loss or damage that you may incur as a result of Technical Issues and / or the unavailability of the Platform, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit or anticipated savings;
- loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the Service;
- loss or inaccuracy of data; and
- any other type of loss or damage
9.8. You are solely responsible for maintaining the confidentiality of your Account and password, for restricting access to your computer, and for all activities that occur under your Account or password. Please make sure the information you provide to Platform upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
9.9. Unless expressly permitted in writing by the TS, you may not sell, rent, lease, share or provide access to your Account to anyone else, including without limitation charging anyone for access to administrative rights on your Account. The TS reserves all available legal rights and remedies to prevent unauthorized use of the TheSpeech services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
9.10. If you have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your Account, password, or any credit, debit or charge card), immediately notify the helpdesk.
9.11. Hereby you as interpreter explicitly undertakes that you are liable able under civil or criminal law for the infringement of your payment obligation pursuant to this Agreement.

10. Non-solicit

The Customer and TS hereby undertakes that they shall not solicit the Interpretation Services of the Interpreters either directly or indirectly, for the Customer`s or the TS`s benefit, the Interpreter(s) benefit, or the benefit of any third party, including without limitation, attempting to hire or independently contract with the Interpreter(s).

11. Preservation

Hereby you acknowledge that the TS preserves the audio material of the interpretation for one year period.

12. Termination

12.1. If you fail, or the TS suspects that you have failed, to comply with any of the provisions of this Agreement, the TS, at its sole discretion, without notice to you may: (i) terminate your Account and cancel your registration; and/or (ii) terminate the license to the Service; and/or (iii) preclude access to the Service (or any part thereof).
12.2. The TS reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and the TS will not be liable to you or to any third party should it exercise such rights.
12.3. You may terminate the Agreement at any time by notifying the TS via email.

13. Partial invalidity

If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate this Agreement as a whole, but this Agreement shall be construed as though it did not contain the particular provision held to be invalid or unenforceable and the rights and obligations of the parties shall be construed and enforced only to such extent as shall be permitted by applicable law.

14. Disputes

Regarding any disputes arising from or in connection with the provisions of this Agreement the Central District Court of Buda and Székesfehérvár Regional Court shall have exclusive jurisdiction depending on the value of the claim.

15. Amendment

The TS reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.

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