General Terms Of Service

TransPDF on-line translation service, provided by Iceni Technology Ltd.

Valid from: September 1, 2018

  1. PROVIDER DETAILS
    1. Registered details of provider
      Iceni Technology Ltd.
      registered address: 36 St. Faiths Lane, Norwich, England, NR1 1NN
      EU VAT ID: GB 688 8279 52
      contact point: sales@iceni.com
      website address: https://www.iceni.com/transpdf.htm
      (hereinafter referred to as ‘Provider’ or ’Iceni’)
    2. Contact details of provider’s customer support
      e-mail address: support@iceni.com
      support site: https://transpdf.iceni.com/support/
      business hours: Weekdays 9:30 am to 4.30 pm. For helpdesk hours, see working hours
    3. Availability of General Terms of Service in force:
      The General Terms of Service of the Provider as in force are always published on the website of the Provider (https://transpdf.iceni.com/static/tos.html), in a form that can at all times be retrieved, printed, and copied. In addition, in an e-mail sent to the customer support address, Customers may request that Provider send them an electronic copy of the General Terms of Service.
  2. SCOPE OF THE GENERAL TERMS OF SERVICE
    1. These General Terms of Service apply to the following Services provided by the Provider (hereinafter referred to as Service):
      1. On-line TransPDF website service
    2. Parties to the Service Agreement are the Provider and the Customer: These General Terms of Service apply to customers using or purchasing services listed in Paragraph 2.1. Customer is an individual or an organization that uses services listed in Paragraph 2.1 as part of, in relation to, or to the direct benefit of their profession, trade, or business activity.
    3. These General Terms of Service provide details about the rights and obligations of the Customer and the Provider, pertaining to the Services listed in Paragraph 2.1
  3. DEFINITIONS
    1. For the purposes of these General Terms of Service, the following terms shall be defined as provided by Provider:
      1. TransPDF server: a publicly available website offering translation facilities for PDF documents to the general public.
  4. METHODS FOR CUSTOMER TO ENTER INTO AGREEMENT WITH PROVIDER
    1. An individual agreement for a Service (hereinafter referred to as a Service Agreement) may be entered into
      1. as a distance contract, through electronic means, over the website of the Provider, or
      2. implicitly, by agreement expressed by conduct, or
      3. between attending Parties, in writing, at the seat or branch office of the Provider.
    2. Rules for entering into agreement for specific services are detailed in the corresponding Chapter about each service.
      In case of services that require advance payment, the agreement is entered into implicitly and automatically, by Customer making payment for a service period.
    3. Registration requirement: As a prerequisite of entering into a Service agreement regarding a specific Service, Customer must register at Provider’s website, using their e-mail address. Provider may verify the e-mail address of Customer by sending an activation link in e-mail to Customer. In this case, Customer must activate their registration through this link. In order to enter into a Service Agreement, Provider may require the following details from Customer: 
    1. To identify Service Agreements, Provider shall assign a serial number, or a unique name, or a unique web address (URL) to each Agreement. The contents of each Service Agreement are available through Provider’s website, under Customer’s account information.
    2. The governing language of these General Terms of Service and the specific Service Agreements is English.
  1. ONLINE TransPDF SERVICE
    1. Definition of Service: The Service agreed herein consists of the following components:
      1. TransPDF website is a Software as a Service (hereinafter referred to as ‘TransPDF’) solution offered by Provider; the website, owned and operated by Provider is for the benefit and use of the general public.
      2. Network access to the TransPDF: Provider shall allow Customer to access the TransPDF server instance from a web-browser, or from the optional TransPDF API or from the optional Infix PDF Editor (version 7 onwards).
      3. Restriction of the amount of data: The storage used by Customer’s account on TransPDF is subject to limits of both the number of PDFs and their combined size. These limits are displays in the Customer's account page and can be modified by the Customer for a fee.
      4. Service subscription fees: There are no default subscription fees. Customers may choose to upgrade their storage facility which may incur fees.
      5. Access to the service: Customer may connect to the TransPDF website by one or more of the following means:
  1. AVAILABILITY OF SERVICE
    1. Provider shall not guarantee a level of availability, but will make best efforts to ensure service is available 24 hours, 365 days a year.
    2. Compensation: if the service is unavailable or fails to perform to a reasonable expectation in a particular instance, Provider will refund any credit charges incurred during Customer's use of the service in that case.
    3. Customer acknowledges and accepts that the backup and maintenance processes of the Service may require downtime for the time of the backup, and that this downtime may not be counted as unavailability of the Server, and may not be counted against the availability level defined under Paragraph 18.
    4. Provider will not be required to guarantee the availability of a network connection from any specific location, especially from Customer’s premises, offices, or other places of business. Customer represents and warrants that, on their premises and other places of business, they procure and operate sufficient network connections as required to access and use the Service
    5. Customer acknowledges and accepts that in most cases, the availability of a network connection is out of Provider’s control.
  2. SUPPORT AND MAINTENANCE SERVICE
    1. Product maintenance: Upgrades and Updates
      1. Upgrades: The TransPDF website will from time to time, undergo updates and maintenance as seen necessary by Provider. Such updates may involve changes to the layout and content of pages on the website plus addition or removal of facilities.
    2. Support and user assistance: Customer may request the assistance of Provider’s Support and Helpdesk team in using or troubleshooting the Product using any of the following means: 
    1. Customer shall include the PDF document's ID assigned by the Product in order that Provider may identify the PDF in question.
    2. Customer must sufficiently document the issue. Customers understands and acknowledges that Provider may not keep the response times if there are more than two questions, issues or incidents described in one message. Neither may Provider keep the response times if the issue is not sufficiently documented.
    3. Provider may change the helpdesk addresses without prior notification. However, changes shall be published in these General Terms of Service, as well as at Provider’s website and in newsletters.
    4. Provider’s Support (Helpdesk) team shall be available at times listed in paragraph 8.5.1. Provider shall respond to Customer’s support requests within 2 working days.
    5. Upon receiving a support incident report, Provider may request further data or documents in order to successfully resolve the incident. Customer understands and acknowledges that, without the requested data or documents, Provider may not be able – and shall not be required – to resolve the support incident.
    6. Provider represents and warrants that data and documents received as part of a support incident report shall be used exclusively for resolving the support incident and related errors in the Product. Such data and documents shall not be transferred to third parties other than Provider’s regular subcontractors. Provider represents and warrants that it has entered into sufficient non-disclosure agreements with all regular subcontractors. Provider may retain the documents and resources in the issue tracking databases as long as this is necessary to resolve and follow up on related problems. Both the Iceni support database and the issue tracking system are available to authorized customer support and development personnel only, and they are protected from unauthorized access.
  1. GENERAL HELPDESK RULES
    1. Provider shall offer user assistance concerning the operation and use of the TransPDF service and Infix PDF Editor.
    2. User assistance does not include generic training on the use of the 3rd party integrations with Product such as memoQ and memsource.
    3. User assistance does not include the implementation of custom functionality or customized workflows, customized settings, customized data processing, or integration with external systems. Customer may access the latter services by ordering Professional Services from Provider. Professional Services currently fall out of the scope of these General Terms of Service.
    4. Provider may refuse to assist if the support request is unreasonable or irrelevant.
    5. Provider’s Support and Helpdesk team shall be available only at the following times:
      1. On weekdays (from Monday to Friday) 9.30am to 4.30pm UK time.
  2. WARRANTY AND INDEMINIFICATION
    1. If loss of data or functionality occurs, and Provider’s responsibility is proven by Customer, and the loss of data or functionality causes loss of business or revenue for Customer, Provider shall be liable for a maximum of the purchase price of the credits used in the most recent operation of Product by Customer.
  3. SECURITY, DATA INTEGRITY AND BACKUP
    1. Provider shall use its best efforts to prevent unauthorized access to the TransPDF website and the data stored therein (whichever is applicable), and to prevent data loss or malfunction due to unauthorized access or storage device malfunction. This includes redundant storage, regular backups and access control.
    2. Provider shall use its best efforts to prevent the unavailability, malfunction, or the temporary or permanent loss of Service, caused by a hardware malfunction, a malicious attack, or an unfavorable change in the environment. Provider shall also use its best efforts to mitigate the consequences, should any of the aforementioned events occur.
    3. Provider shall configure the Service so that it will accept encrypted connections only.
    4. Provider shall configure an automatic backup process for the TransPDF web service. A backup copy of all data in the Service shall be created once every day.
    5. Provider shall, at its own expense, acquire and maintain backup storage space with sufficient capacity to hold all of Customer’s data. The backup storage may not be located on the same physical or virtual device that runs the Server.
    6. Provider shall during regular support hours (see 8.5.1), monitor the operation of TransPDF servers. If the Service becomes unavailable, Provider shall use its best efforts to restore the operation of the server.
  4. OWNERSHIP AND PROTECTION OF DATA
    1. All data entered, created, imported, or added to the TransPDF service (hereinafter referred to as ‘Data’) by Customer through the means listed in these General Terms of Service, are exclusively owned by Customer.
    2. Provider shall not make available the Data added to the Server to unauthorized third parties. In addition, Provider shall make every effort to protect Customer’s data from unauthorized access. Provider shall not copy, publish, or otherwise make available the Data added to the TransPDF server to unauthorized third parties, with the exception of creating backup copies.
    3. Provider may make multiple copies of the Data for the purpose of disaster recovery. Provider shall prevent unauthorized third parties and other unauthorized personnel from accessing these copies.
  5. PROCESSING AND PROTECTING PERSONAL DATA
    1. Provider shall treat and manage all personal details of Customer confidentially, observing privacy regulations specified by domestic data protection law; Regulation 2016/679/EC of the European Commission (GDPR); and Provider’s Privacy Policy, available at all times at this Web address: https://www.iceni.com/gdpr.htm.
    2. By entering into a Service Agreement, Customer agrees to give consent to Provider to store and process personal data for the purposes listed in the Privacy Policy (https://www.iceni.com/gdpr.htm).
    3. Provider shall not forward Customer’s personal data to unauthorized third parties, and shall not employ third-party data processing agents without entering into a Data Processing Agreement with them. Provider shall have the right to store and manage such data according to the data retention rules in the Privacy Policy. The Privacy Policy also lists the third-party data processing agents currently in use.
  6. TERMINATION; CANCELLING, RESTRICTING, SUSPENDING, AND TRANSFERRING THE SERVICE
    1. Provider reserves the right to delete Customer's account from the Product or otherwise block access to it in the event that Customer's use of the service is deemed by Provider to be detremental to the operation of it.
    2. Customer may request via email that their account and all associated data be deleted from the Product. Provider will execute this request during regular support hours.
  7. MISCELLANEOUS TERMS, LITIGATION, AND JURISDICTION
    1. By concluding the Service Agreement, Provider represents and warrants that it possesses sufficient infrastructure, or access thereto, and sufficient expertise and personnel necessary to provide the Service defined in these General Terms of Service in compliance with the terms set forth herein.
    2. By concluding the Service Agreement, Customer represents and warrants that it possesses the authorization necessary to engage in the Service Agreement, and to transfer data necessary to use the Service over the network to Server or to the Service, and that this operation does not infringe the rights, including, but not limited to, privacy, confidentiality, and intellectual property rights, of third parties.
    3. Terms and conditions relating to privacy and data protection are governed by English law and EU legal standards. Furthermore, recognizing the global nature of the internet, Customer agrees to comply with all local laws including, without limitation, laws about the Internet, data, email, or privacy. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which Customer resides. Customer shall indemnify Provider from any legal, material, or substantial consequences of the event that Customer fails or ceases to meet the above conditions.
    4. In addition to these General Terms of Service, Parties shall comply with the laws and regulations of the respective countries of their registration, as well as the country where the servers hosting the Service are being operated. At Customer’s request, Provider shall send information about the countries where the Servers operate.
    5. Terms and conditions of these General Terms of Service and the Service Agreement are governed by the laws of England. Any dispute regarding these General Terms of Service and/or the Service Agreement shall be decided by a competent ordinary court of law of England.
    6. If any provision of the Service Agreement or these General Terms of Service is declared to be invalid, illegal, or unenforceable by a Court of competent jurisdiction, said provision shall be severed from the Service Agreement or these General Terms of Service, while all other provisions shall remain in full force and effect.