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Byvox general terms and conditions (GTC)

These General Terms and Conditions ("GTC") provide the customer with guidelines for using BYVOX Language Service Provider services, which is DUALIA company's registered trademark and service.
This Agreement governs the relationship between CUSTOMER and DUALIA.

Article 1 - Definitions

In these GTC, the following terms shall have the meanings assigned to them below:

  1. DUALIA: means DUALIA TELETRADUCCIONES S.L and its successors and assigns.
  2. Agreement: any Agreement which DUALIA enters into with a customer;
  3. BYVOX: is a trademark duly registered in the name of DUALIA
  4. BYVOX Service or Services: the result of services which are the subject of this Agreement and which are any of the services offered on its website, and includes, among other services, the over-the-phone interpretation service, documents translation service, sight translation service and the automatic translator service powered by third companies
  5. BYVOX will provide the Customer other complementary services or products, such as, but not limited to, long distance telephone calls, conference calls, and accessories or devices to help in translation
  6. "Customer" means any natural or legal person with whom DUALIA enters into an agreement and/or who uses or purchases Services from BYVOX .
  7. "Parties" means DUALIA and Customer.

Article 2 - Scope

  1. These GTC shall apply to all services provided by BYVOX unless specifically agreed otherwise in writing.
  2. Regardless of any specific notification thereof, by entering into an Agreement with DUALIA, Customer shall be regarded as having waived his/her own or other terms and conditions and any different or supplementary stipulations

Article 3 – Fees and Rates

  1. DUALIA's fee shall be based on the rates and conditions indicated by DUALIA on the BYVOX website, which is a part of this Agreement. DUALIA may change or delete the prices or Services. All services requested by Customer and carried out by BYVOX will be billed to customer's online account. Usage charges for the service are based upon the time or number of words or any other unit of each different service Customer uses. BYVOX system shall automatically and accurately register the units (time, words, etc.) of each service required by Customer.
  2. Over-the-phone interpretation services shall be calculated by the effective time of the conversation, measured in seconds, starting when the interpreter joins in the telephone conversation and ending when either party hangs up, thereby releasing the service connection. Document translation services shall be calculated based upon the number of words in Customer's document; BYVOX has an OCR system (Optical character recognition) to count the number of words in Customer's file as reliably and accurately as is reasonably posible. Sight translation services will be calculated based on each unity or picture translated and based on the rates and conditions indicated on the BYVOX website.
  3. Dualia reserves the right, at its sole discretion, to modify its rates at any time. If Customer chooses to terminate the Account as a result of changes in DUALIA's prices / rates, Customer shall inform DUALIA accordingly by email to byvox@byvox.com or support@byvox.com, within the next 30 days following such Price/rates modification, otherwise Customer shall lose such right. Any unused balance in Customer´s Account shall be credited back to the credit card on file or paypal/moneybookers account with DUALIA.

Article 4 – Performance of Services

  1. DUALIA shall not be responsible for any failure to perform its Services, or for the improper or untimely performance of such Services, if such occurrence is the result of errors, incompleteness or other inaccuracies in the data or material, in the widest sense of these words, which has been provided by, or on behalf of, the Customer.
  2. DUALIA shall make every effort to deliver within the expected deadline. Unless gross negligence or intention can be attributed to DUALIA, the expiry of the expected deadline shall not entitle Customer to claim damages, refuse Services or suspend the performance of any obligation arising from the Agreement or to terminate it.
  3. DUALIA does not guarantee or represent that BYVOX Service will operate without interruption or that it will operate continuously, as i) the Service offered is subject to necessary facilities and equipment being available from other carriers ii) DUALIA may have to change the code or technical specifications of the Service, or interrupt the Service to perform tests and inspections, due to operational or emergency reasons, to install equipment, to provide information DUALIA thinks is necessary for health or safety, or for reasons concerning the quality of the Service DUALIA provides. If DUALIA must interrupt customer Service for any of these reasons, DUALIA will endeavor, using reasonable means, to restore it as soon as the underlying matter is resolved, without any promise as to when DUALIA will be able to restore service. However, DUALIA does reserve the right to disconnect or limit Service when it is necessary, or when DUALIA must comply with laws or regulations or if Customer is using the Service in violation of any provisions of this Agreement or the law, at our sole discretion. DUALIA may choose to block calls to certain numbers or certain regional telephone codes, at our sole discretion, if DUALIA is experiencing excessive billing, collection or fraud problems with calls to such numbers.
  4. Customer agrees not to use any BYVOX service for any unlawful or abusive purpose, or in any way contrary to the Company rules or the terms and conditions of these GTC, or in any way that damages our property or interferes with or disrupts our system or other users or that is in any way unlawful, fraudulent or abusive, or in any way that indicates the intention to use the Service in an unlawful, fraudulent or abusive manner. Customer must comply with all laws while using the Service and Customer must not transmit any communication that violates any laws, court order, or regulation, or would be likely to be offensive or injurious to the recipient. Customer is responsible for all content he/she transmits while using the Service. Resale of Service is prohibited without our prior written consent. Some services may not be available or may operate differently in selected markets or jurisdictions. DUALIA may add or delete coverage without providing notice to the customer.

Article 5 - Payment

  1. SERVICES PROVIDED BY BYVOX ARE PROVIDED ON A PREPAID BASIS ONLY.
  2. Once payment has been duly made DUALIA shall credit Customer's account accordingly and thereafter Customer shall be allowed to start using BYVOX Services.
  3. Upon receipt of payment DUALIA shall issue the corresponding invoice and email Customer accordingly.
  4. Once a Service has been provided the corresponding fee shall be charged to Customer's online account, according to the usage of the service and according to the current price indicated on BYVOX website
  5. As Customer uses BYVOX services Customer's Account shall be debited accordingly. No Services shall be provided if Customer's Account does not have sufficient credit to cover the cost of the service requested.
  6. If Customer does not use Customer's DUALIA Credit for a period of 180 days such DUALIA Credit shall be placed on inactive status. Customer can reactivate DUALIA Credit by contacting byvox@byvox.com or support@byvox.com.
  7. If Customer´s Credit is placed on inactive status for a period of 180 days this shall be considered as Customer's renunciation of use of BYVOX Services, and Customer's Credit shall be considered as unused credit and in favor of DUALIA.
  8. DUALIA may charge Customer for all fees or expenses (including attorney's fees) reasonably incurred in collecting or attempting to collect any charges owed to DUALIA.
  9. In addition, if Customer's unpaid charges are referred to an outside collection agency, DUALIA may immediately begin to charge Customer a collection fee on the unpaid charges at a rate of one and a half percent (1.5%) per month. Such collection fees are separate and distinct from late payment charges assessed prior to the referral of the customer account to an outside collection agency, attorney's fees and any other costs incurred by DUALIA in collecting charges. Customer shall be liable to the Company for the payment of all such fees and expenses reasonably incurred.

Article 6 – Force majeure

  1. DUALIA shall not be liable for the improper performance or non-performance of any Services provided as a result of force majeure in the widest sense of that term.
  2. 2. Force majeure shall be interpreted as any circumstance beyond DUALIA's control which impedes, either temporarily or permanently, the performance of some or all obligations which DUALIA has vis-à-vis the Customer or owing to which DUALIA cannot reasonably be expected to perform such obligations, regardless of whether or not these circumstances had been foreseen at the time the agreement was entered into; such as, but not limited to: government measures; refusal, withdrawal or annulment of permits; lock-outs; the forced discontinuation of all or part of the company; frost; the threat of war; fire; temporary or permanent non-performance of services by other third parties, regardless of the reason; defects in and failures of material, machinery, systems and/or software and data processing; transmission limitation or interruption caused by weather, terrain, obstructions, or areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations; and system repairs or modifications.

Article 7 - Warranty

  1. DUALIA undertakes vis-à-vis the Customer to make every effort which can be expected of it according to generally accepted standards, taking the latest technical developments into account, without guaranteeing any of Customer's targeted results.
  2. Any complaints shall not affect Customer's payment obligations.
  3. DUALIA's liability, under these GTC, regardless of the reason, shall be specifically limited at all times to re-performing the Services improperly performed or, at DUALIA´s discretion, to repaying the amount invoiced for the improperly performed Services, and this shall be DUALIA's only obligation vis-à-vis the Customer in the event of improper performance or non-performance, hidden defects, error or unlawful act. Any claim with respect to direct, indirect or collateral damage, regardless of the cause and even if it can be attributed to DUALIA or to its personnel shall specifically be excluded.
  4. Customer undertakes to indemnify DUALIA entirely and to hold it non-responsible for any damage and/or costs arising from claims submitted by third parties, including Customer and Customer's personnel, due to any act or omission by DUALIA related to the performance of the Agreement, for improper performance of Services.
  5. Customer agrees to defend, indemnify, and hold DUALIA, our affiliates and agents and anyone providing services to Customer on our behalf, harmless from claims or damages relating to this agreement or promises or statements made in it and use of the equipment or service, unless due to our gross negligence. DUALIA shall not be liable for, and shall be fully indemnified and held harmless by the customer against any claim or loss, expense, or damage (including indirect, special or consequential damage) for defamation, libel, slander, invasion of privacy, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, unfair competition, interference with or misappropriation or violation of any contract, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data, information, or other content revealed to, transmitted, processed, handled or used by us under this agreement; for connecting, combining, or adapting our facilities with the customer's apparatus or systems; for any act or omission or for any personal injury or death of any person or for any loss of or damage to the customer's premises or any other property, whether owned by the customer or others, caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use, or removal of equipment or wiring provided by us, if not directly caused by our gross negligence; or for failure to provide service. It is Customer's responsibility to conform to all laws or regulations applicable to Customer in Customers' capacity as user of the service and Customer will indemnify us from claims arising from any such use whether lawful or not. This paragraph shall endure even after termination of this agreement.
  6. DUALIA makes no express warranty regarding the service and disclaims any implied warranty, including any warranty of merchantability or fitness for a particular purpose. DUALIA does not authorize anyone to make any warranty on its behalf and Customer should not rely on any such statement.

Article 8– Termination / Discontinuance of Service

  1. If Customer fails to perform any of its obligations or if there is a serious doubt as to whether or not Customer will perform its obligations, DUALIA shall be entitled to suspend and/or discontinue providing the Services, upon e-mailing notice to Customer, without prejudice to any of DUALIA's other rights, in particular the right to payment of full damages, including all judicial and extrajudicial costs.
  2. If Customer is subject to any bankruptcy proceeding or similar, Customer shall be in default and DUALIA may, without notice to Customer, suspend Service and/or terminate this Agreement, in addition to all other remedies available to it.
  3. Customers who have not re-established services within five (5) days from the date of suspension will be treated as new Customers and appropriate non-recurring charges and customer deposits will apply.
  4. DUALIA has the right to interrupt, restrict, suspend or terminate Service, without notice to Customer, if DUALIA suspects fraudulent, illegal or abusive activity, including, but not limited to, using obscene language to annoy, harass, or threaten injury to the person or property of the person called or any member of his or her family; actions that involve repeated calls without identifying the customer's true identity to the person called, whether or not a conversation was held during the call; providing false information to obtain Service; unusually high usage; intentional uninterrupted connections or intentionally leaving the receiver off the hook for extended periods; or if Customer uses any equipment with the Service in violation of the law or in a manner which will adversely affect our service to others.

Article 9 – Applicable law and dispute resolution

  1. Before initiating any resolution proceeding concerning any aspect of this Agreement or regarding BYVOX Services Customer must notify DUALIA by email addressed to byvox@byvox.com or support@byvox.com of such a dispute and give DUALIA at least 60 days to resolve the dispute.
  2. If a dispute is not resolved by good faith negotiations, within such 60-day period, all Services covered by these GTC shall be subject to the laws of Spain, and any disputes concerning the substance, performance or enforcement of these GTC and/or any disputes arising from an Agreement which falls within the absolute competence of the Courts and Tribunals of Bilbao (SPAIN), without prejudice to DUALIA's right to submit these disputes to another competent court.
  3. Any dispute or claim arising out of or relating to this Agreement or the services provided by the Company must be brought within one (1) year after the date on which the basis for the dispute or claim first arose.

Article 10 – Miscellaneous

  1. Should the competent court declare any provision in these GTC invalid or voidable, the other provisions of these GTC shall remain in full force and effect. The parties shall negotiate on the basis of reasonableness and fairness and attempt to reach agreement with respect to an enforceable alternative provision whose intention is as close to the invalid, or in any event voidable, provision as possible, in order to replace the provision which has been judged invalid or unenforceable.
  2. The Company and Customer agree to comply with all applicable laws, rules, regulations, ordinances, orders, and decrees in executing this Agreement. Customer may be subject to refusal, suspension or cancellation of Service, without prior notice, in order to permit the Company to comply with any order or request of any governmental authority having jurisdiction. Any equipment or services that Customer provides and which connects with and/or interconnects with the Company's service and equipment must comply with all applicable laws and regulations.
  3. DUALIA is not liable for any lack of privacy that may be experienced with regard to the Service. Customer authorizes DUALIA to monitor, record and file the services provided, in order to protect DUALIA´s rights or property or pursuant to court order or subpoena.
  4. Customer shall not transfer or assign any rights and/or obligations arising from Customer to third parties without DUALIA's written consent. DUALIA shall be at liberty to transfer all rights and obligations under this Agreement or to appoint any Third Party as its substitute in the performance of this Agreement.
  5. These Terms and Conditions, together with any other documents directly or indirectly referenced herein are made a part of these Terms and Conditions, and represent the entire agreement between DUALIA and Customer relating to the subject matter of this Agreement, which may only be amended as described in this Agreement. This Agreement supersedes any prior written or oral understanding between Customer and DUALIA.
  6. If any term of this Agreement is determined to be unenforceable, then such term will be enforced to the maximum extent permitted by law, rather than voided, and the remaining terms of this Agreement shall remain in full force and effect.
  7. Customer states that he/she is legally competent to enter into this Agreement, that he/she is at least 18 years old, and that he/she is not aware of any disability that could prevent Customer from entering into this Agreement.
  8. Should DUALIA choose not to exercise any rights or privileges to which it is entitled, this shall in no way impede it from such rights or privileges and shall not prevent DUALIA from exercising such rights or privileges in similar or other cases.
  9. DUALIA shall be entitled to amend these GTC, including provisions regarding the use of its Services, products or equipment or Service Plans, charges and prices at any time. Customer has the option to change the customer Service or features at any time by notifying DUALIA. Customer may also take advantage of such promotions by DUALIA for which Customer qualifies, provided that Customer complies with any requirements of such change or promotion, including, where applicable, extending the term of this Agreement. If DUALIA allows Customer to suspend its customer account for a temporary period DUALIA may extend the term of the customer Agreement by the length of the temporary suspension. Nonsubstantive changes (those that do not affect the terms or conditions of service, for example, the correction of typographical errors) and changes that do not adversely affect the customer may be made by DUALIA without notice to Customer.
  10. This policy was last modified on 10/July/2012.