Köpvillkor – CV på engelska (CV Anglais Limited)
Translation Client Terms and Conditions Version 2 - 14th December 2007
1. Definitions
1.1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-
Business Client
the person(s) who have signed a Service Agreement for use of the CV på engelska Site and Business Client Services;
Business Client Services
the services which CV på engelska has agreed to provide to the Business Client;
Conditions
these Standard Terms and Conditions;
CV på engelska
CV Anglais Limited (company number 6163457);
CV Distribution Service
the service by which the Translation Client’s English CV is distributed to Business Clients with a view to securing employment for the Translation Client, if the option “ Ja, vidarebefordra mitt CV” is selected by the Translation Client during the Purchase Process on the Site;
English Covering Letter
the English language translation, carried out by the Translator, of the Swedish Covering Letter which is returned to the client via email, as described on the Site;
English CV
the English language translation, carried out by the Translator, of the Swedish CV which is returned to the client via email, as described on the Site;
Swedish Covering Letter
the letter which expresses a Translation Client’s interest in an employment offer or offers which is provided to CV på engleska by a Translation Client for translation from the Swedish Language into the English Language;
Swedish CV
the curriculum vitae or brief outline details of a Translation Client’s education, training, skills and employment experience which is provided to CV på engelska by a Translation Client for the translation of the document from the Swedish language into the English language;
Purchase Process
the process whereby the Translation Client decides to buy and then pay for the Translation Service as set out on the Site;
Service Agreement
the service agreement entered into between the Business Client and CV på engelska;
Services
all the services offered by CV på engelska including the Translation Service, Business Client Services and CV Distribution Service;
Site
the Site at www.cvpaengelska.com or any other website operated and maintained by CV Anglais from time to time;
Translation Client
a person who uses the Site for the purpose of translating employment documents from the Swedish language into the English language; and, if the option “Ja, vidarebefordra mitt CV” is selected by the Translation Client during the Purchase Process on the Site, for the purpose of the CV Distribution Service.
Translation Service
the service offered on the Site by CV på engelska which translates document(s) from the Swedish language into the English language in return for the fees stated on the Site;
Translator
the person(s) assigned by CV på engelska to translate the Translation Client’s document(s).
1.2 In these Conditions:
1.2.1. references to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.2.2. references to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
1.2.3. words importing persons include individuals, bodies corporate and unincorporate; and
1.2.4. headings will not affect their construction.
2. Application of the Terms
2.1. These Conditions are deemed to be fully read, understood and accepted by the Translation Client upon acceptance of these Conditions during the Purchase Process.
2.3. No variation or alteration to these Conditions or any representations about the Translation Service shall have any effect unless expressly agreed and confirmed in writing by a director of CV på engelska.
3. Services Generally
3.1. CV på engelska does not make any representation whatsoever about any of the Business Clients who use Business Client Services on the Site.
3.2. CV på engelska shall be entitled at anytime without notifying the Translation Client to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
3.3. Any intellectual property, ideas, concepts, know-how or techniques developed by CV på engelska or obtained during the execution of the Services will be owned exclusively by CV på engelska.
3.4. CV på engelska shall not be responsible for any failure to provide the Translation Service, or unavailability of the Site, as a result of circumstances beyond its reasonable control.
3.5. The Translation Client accepts that CV på engelska shall not be liable for any failure to provide the Translation Service or CV Distribution Service (or any part thereof) as a result of the Translation Client's failure to comply with these Conditions.
3.6 CV på engelska shall not be obliged to provide the Translation Service or CV Distribution Service until the Translation Client has supplied it with all the information, necessary to provide the Translation Service or the CV Distribution Service.
3.7 CV på engelska shall not be liable for any errors, misrepresentations, spelling mistakes or other shortcomings in the Swedish CV or Swedish Covering Letter submitted on the Site by the Translation Client during the Purchase Process including, but not restricted to, the Swedish CV or Swedish Covering Letter, or a part of it, being supplied in a language other than Swedish or in an otherwise incomprehensible condition.
4. CV Distribution Service
If the Translation Client selects the CV Distribution Service, as described in the Purchase Process on the Site, the provisions of this clause 4 shall apply thereto.
4.1. The CV Distribution Service is subject to any instructions from a Translation Client that his or her details should or should not be made available to the Business Client and CV på engelska will only make available or supply copies of the English CVs to Business Clients of CV på engelska solely for the purpose of securing suitable employment for the Translation Client.
4.2. CV på engelska cannot guarantee the minimum number of times an English CV will be viewed by or distributed to Business Clients on any given day.
4.3. CV på engelska has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Translation Client information or English CV translated by it.
4.4. CV på engelska may refuse, withdraw, or require to be amended, any Translation Client information or Swedish or English CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon CV på engelska or the Translator Client or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
4.5. The Translation Client hereby undertakes that:
4.5.1 the details and Swedish CV they submit to CV på engelska during the Purchase Process are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
4.5.2 that if any of the information submitted during the Purchase Process for the purposes of securing employment is found to be false or inaccurate in any way, that CV på engelska reserves the right to remove those details and/or suspend the CV Distribution Service for the Translation Client.
4.5.3 in respect of any information or the Swedish CV submitted by the Translation Client which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Translation Client has obtained the authority of such living person to make use of such name, representation and/or copy;
5. Translation Client Obligations
5.1. The Translation Client agrees that:
5.1.1. it has read, understood and agrees to the Privacy Policy on the Site;
6. Liability
6.1. CV på engelska will not be liable (whether in contract or tort) for:
6.1.1. any loss of copy, artwork, photographs, data, English CVs or Swedish CVs or other materials that the Translation Client supplies to CV på engelska and the Translation Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
6.1.2. any mistakes or errors whatsoever that arise during the course of use of the Services or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Translation Client;
6.1.3. for any failure to secure employment or consequential loss (whether caused by the negligence of CV på engelska, or its agents);
6.1.4. any delay, costs, expense, loss, damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of CV på engelska or as a result of the acts or omissions of the Translation Client;
6.1.5. any loss or damage whatsoever howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential information by any Business Client.
6.1.6. any breach of agreement or infringement or violation of any right of any person or be rendered liable to any proceedings whatsoever, as a result of any information or Swedish CV or to it by the Translation Client and the Translation Client indemnifies CV på engelska against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by CV på engelska as a result of this undertaking and warranty being incorrect.
6.2 Nothing in these Conditions will restrict or exclude CV på engelska’s liability for death or personal injury caused by its own negligence.
6.3 The Translation Client agrees and acknowledges that no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of CV på engelska in respect of or in connection with the Services and accordingly the Translation Client confirms that it has not, in accepting these Conditions, relied on any condition, warranty or representation by CV på engelska or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services. The benefit of any such condition, warranty or representation by CV på engelska is hereby irrevocably and unconditionally waived by the Translation Client.
7. Termination and Cancellation
7.1 These Conditions apply unless replaced by subsequent Conditions or unless terminated under Clause 9.2 of these Conditions.
7.2. Either party may, at its sole discretion, terminate the provision of the CD Distribution Service to the Translation Client at any time by notice in writing, or by email, to the other party.
7.3. The Translation Client shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by CV på engelska arising out of the Translation Client's breach of its obligations under these Conditions (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by CV på engelska).
8. Notices
8.1. Notice required or permitted to be given under these Conditions shall:
8.1.1. be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
8.1.2. be in the form of an email addressed to CV på engelska at kontakt@cvpaengelska.com (or such other address as supplied by CV på engelska) or if to the Translation Client, to the address provided in the Translation Client's contact details submitted during the Purchase Process and the Translation Client will be deemed to have received such notification within one hour of transmission.
8.2. The Translation Client is responsible for notifying CV på engelska of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to CV på engelska by email.
9. General
9.1. If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
9.2. Any waiver by CV på engelska of any breach of, or any default under, any provision of these Conditions by the Translation Client will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
9.3. Failure or delay by CV på engelska in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
9.4. The parties to these Conditions do not intend that any clause of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
10. Law
10.1. These Conditions and any contract into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts
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