TERMS AND CONDITIONS FOR K TRANS SOLUTIONS, LLC TRANSLATION AND PHONE INTERPRETATION SERVICES

K Trans Solutions, LLC is a Wisconsin limited liability corporation (K Trans Solutions) and you, the Customer, agree that the terms and conditions shown below will apply to document translation and/or phone interpretation services. Please, note that If you are not 18 years or older, we would not be able to provide you with any of our services, neither translation nor phone interpretation services. Use of K Trans Solutions, LLC translation and/or phone interpretation services constitutes acceptance of all these terms and conditions (sometimes referred to as the Agreement).

1. Charges and Payments - Charges for K Trans Solutions, LLC translation and/or phone interpretation services are set forth in the Pricing section of K Trans Solutions, LLC translation and phone interpretation services Description. The rates and Pricing is subject to change from time to time and the then-current rates will apply to K Trans Solutions, LLC translation and/or phone interpretation services provided to you. Payments shall be made by credit/debit card via PayPal system. Credit/debit card details shall not be captured by K Trans Solutions, LLC when Customer submits an order for document translation and/or phone interpretation services. In the case of an unsuccessful credit/debit card validation, Customer shall try with a different credit/debit card via PayPal system and will be contacted by K Trans Solutions, LLC only after the payment confirmation have been received by K Trans Solutions, LLC prior to the commencement and/or the delivery of the translation and/or phone interpretation services. Advance deposit will be requested for the phone interpretation services in order to reserve a particular time and after the delivery of the phone interpretation service the advance deposit will be credited toward the total amount of the invoice. REFUNDS WILL NOT BE GIVEN ON THOSE ADVANCE DEPOSITS FOR THE PHONE INTERPRETATION SERVICES IF THE CUSTOMER CANCELS THE REQUESTED SERVICE ONCE THE PAYMENT HAS BEEN MADE.

2. Use of Service - A. Customer represents that K Trans Solutions, LLC translation and/or phone interpretation services will be used for its own internal purposes and not for re-sale. B. The following uses of K Trans Solutions, LLC translation and/or phone interpretation services e prohibited: the transmission of any message or other material which constitutes an infringement of any copyright, patent or trademark; an unauthorized disclosure of a trade secret; the transfer of any information or technology abroad in violation of any applicable export law or regulation; a violation of Section 223 of the Communications Act of 1934, as amended, 47 U.S.C. Section 223, or other criminal prohibitions regarding the use of telephones to transmit obscene, threatening, harassing or other messages specified therein; a libelous or slanderous statement; or a violation of any other applicable statute or government regulation. C. Customer agrees to defend and indemnify K Trans Solutions, LLC., its affiliates and their respective successors and to hold them harmless from any claim or action whatsoever arising from the use of K Trans Solutions, LLC translation and/or phone interpretation services in any manner prohibited by this Section.

3. Privacy of Information and Communications - In providing K Trans Solutions, LLC translation and/or phone interpretation services, K Trans Solutions will make reasonable efforts to ensure the privacy of Customer's information and communications. Under applicable law, K Trans Solutions may be obligated to reveal information or communications which evidence or constitute criminal activity.

4. Disclaimer of Warranty пїЅ K TRANS SOLUTIONS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT TRANSLATION AND/ OR INTERPRETATION SERVICES SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INTERPRETATION OR TRANSLATION. K TRANS SOLUTIONS DOES NOT WARRANT THE AVAILABILITY OF INTERPRETERS FOR ALL LANGUAGE PAIRS EXCEPT FOR ENGLISH AND BULGARIAN LANGUGAGES AT ALL TIMES, AND AN ADVANCED APPOINTMENT AND CONFIRMATION OF AVAILABILITY ARE REQUIRED FOR BOTH TRANSLATION AND PHONE INTERPRETATION SERVICES. K TRANS SOLUTIONS, LLC SPECIFICALLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER RECOGNIZES THAT OVER-THE-PHONE INTERPRETATIONS AND DOCUMENT TRANSLATIONS MAY NOT BE ENTIRELY ACCURATE IN ALL CASES.

5. Exclusive Remedy and Limitation of Liability -

5a. FOR PURPOSES OF THE EXCLUSIVE REMEDY AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, "K TRANS SOLUTIONS" SHALL BE DEEMED TO INCLUDE K TRANS SOLUTIONS, LLC, ITS AFFILIATES AND THEIR RESPECTIVE SUCCESSORS, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, SUBCONTRACTORS, TRANSLATORS AND INTERPRETERS (WHETHER EMPLOYEES OR INDEPENDENT CONTRACTORS) OF K TRANS SOLUTIONS, AND "DAMAGES" WILL REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.

5b. K TRANS SOLUTIONS' CHARGES FOR DOCUMENT TRANSLATION AND/OR PHONE INTERPRETATION SERVICE ARE ESTABLISHED IN RELIANCE ON THE EXCLUSIVE REMEDY AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. CUSTOMER ACKNOWLEDGES THAT IT ELECTS TO ACCEPT CHARGES CALCULATED ON THIS BASIS, AND AGREES THAT THIS ALLOCATION OF RISK OF LIABILITY IS FAIR, REASONABLE, AND NOT UNCONSCIONABLE. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE CHARGES FOR K TRANS SOLUTIONS DOCUMENT TRANSLATION AND/OR PHONE INTERPRETATION SERVICES ARE UNRELATED TO THE VALUE OF CUSTOMER'S BUSINESS OR THE POTENTIAL FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND SPECIAL DAMAGES OR ANY OTHER DAMAGES IN EXCESS OF THOSE ALLOWED BY THIS SECTION. CUSTOMER RETAINS THE RIGHT TO PURCHASE INSURANCE TO COVER ANY ADDITIONAL LOSS OR LIABILITY.

5c. IN ACCORDANCE WITH THE UNDERSTANDINGS SET FORTH ABOVE, THE PARTIES AGREE AS FOLLOWS:

5c1. K TRANS SOLUTIONS ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR DAMAGES CAUSED BY DEFECT OR FAILURE OF K TRANS SOLUTION TRANSLATION AND /OR PHONE INTERPRETATION SERVICES, OR ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO A CREDIT OR REFUND OF THE CHARGES FOR THE SERVICE WHICH GAVE RISE TO THE CLAIM.

5c2. K TRANS SOLUTIONS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, WHETHER OR NOT K TRANS SOLUTIONS HAD KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS SUBSECTION 5.C.2. SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

6. Subcontracts - K TRANS SOLUTIONS, LLC may subcontract any or all of the document translation and/or phone interpretation services to be performed but, subject to the exclusive remedies and limitations of liability set forth in these Terms and Conditions, it shall retain responsibility for the work that is subcontracted.

7. Force Majeure - Neither , K TRANS SOLUTIONS, its affiliates nor their respective successors shall be liable in any way for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond K Trans Solutions' control, including but not limited to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, product or transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or any other cause beyond K Trans Solutions' control whether or not similar to the foregoing.

8. Supplement, Modification or Waiver - Any supplement, modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of K Trans Solutions, LLC.

9. Waiver and Failure to Exercise Rights - The waiver by either party of any breach of this Agreement shall not operate as a waiver of subsequent breaches of the same or different kind. The failure of either party to exercise any rights under this Agreement in a particular instance shall not operate as a waiver of the party's right to exercise the same or different rights in other instances.

10. Survival of Obligations - The obligations of the parties under this Agreement which by their nature would continue beyond the termination or cancellation of this Agreement shall survive such termination or cancellation.

11. No Third Party Beneficiaries - Neither this Agreement nor the provision of K Trans Solutions shall be construed to create any duty or obligation on the part of to any K Trans Solutions third parties, including, without limitation, any persons participating in or the subject of conversations for which K Trans Solutions translation and/or phone interpretation services are provided. This Agreement does not provide any third party with any right, privilege, remedy, claim or cause of action against K Trans Solutions , its affiliates or their respective successors.

12. Severability - If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect.

13. Choice of Law - The construction, interpretation and performance of this Agreement shall be governed by the domestic laws of the State of Wisconsin, USA.

14. Complete and Final Agreement - This Agreement constitutes the complete and final agreement between the parties with respect to its subject matter and supersedes all prior oral or written understandings or statements. Terms and conditions on any Customer order form are expressly rejected and shall have no effect notwithstanding K Trans Solutions' acceptance or use of any such form.

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