FairLoc®
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FairLoc®
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This Agreement is entered into by and between Humans in Localization S.L., with registered VAT number ESB16397861 and address in Calle Skandia 2, 29640 Fuengirola, Spain (hereinafter FairLoc), and the User (hereinafter the FairLoc Ambassador). It regulates the obligations and responsibilities of each Party and establishes the conditions for the issuance of FairLoc Stamps, as well as the penalties for any breach of said conditions. It is comprised of the following clauses:
1.1. The FairLoc Ambassador may issue Stamps using FairLoc's digital platform to complete translations that fulfil the criteria for a FairLoc Translation (cf. Section 2 below). There is no limit to the number of Stamps that a FairLoc Ambassador can issue, provided that each individual text complies with all of the relevant criteria.
1.2. The FairLoc Ambassador may issue Stamps to various Translation Clients and they may use FairLoc's digital platform to manage and track the Stamps they have issued.
1.3. The right to issue Stamps, and the continued validity of said Stamps, is contingent upon the FairLoc Ambassador's payment of the Subscription Fee (cf. Section 5).
2.1. A FairLoc Translation is a translation that is produced from scratch by a human linguist.
2.2. Human linguists may use machine-translation tools and artificial intelligence for research and inspiration purposes. However, they may not use said tools to create a pre-translation which is then edited by the linguist (Machine-Translation Post-Editing).
2.3. It is up to the FairLoc Ambassador and their Vendor (if applicable) to decide how each translation project shall be remunerated. However, FairLoc Translations must not be subjected to any discounts for the use of machine-translation tools or for any assistance rendered by these, or by any other automated translation solutions.
3.1. FairLoc provides the website and digital platform through which Stamps are issued and managed.
3.2. FairLoc advertises the concept on social media and elsewhere, as deemed relevant by FairLoc at any given time.
3.3. FairLoc monitors compliance with the conditions stipulated herein and takes action in the case of non-compliance. Such actions can include, but are not limited to, the issuance of warnings and requests to cease non-compliance to FairLoc Ambassadors and other parties as appropriate, the suspension of Stamps, and the inclusion of non-compliant FairLoc Ambassadors on a Blacklist (cf. Section 6).
3.4. FairLoc provides support and guidance to FairLoc Ambassadors and any other parties requiring assistance as necessary.
4.1. The FairLoc Ambassador undertakes only to issue Stamps to translations that fulfil the conditions established herein (cf. Section 2).
4.2. The FairLoc Ambassador undertakes not to make disparaging comments about FairLoc or to publish such comments online.
4.3. The FairLoc Ambassador undertakes to respond to any queries in a timely manner, and to take action when requested to remedy any breaches. Such action may include, but is not limited to, the revocation of stamps issued or the provision of clarifications around the manner in which a translation has been produced. Failure to comply with any reasonable requests made by FairLoc may result in the termination of the FairLoc Ambassador's account and the inclusion of their name on a Blacklist (cf. Section 6).
5.1. The FairLoc Ambassador undertakes to pay the relevant monthly Subscription Fee in exchange for the ability to issue and manage Stamps.
5.2. The Subscription Fee that applies at any given time is published on the FairLoc website.
5.3. FairLoc must provide a minimum of two months' notice before raising the Subscription Fee.
6.1. If FairLoc suspects that a Stamp has been issued in breach of the conditions stipulated herein, it will first contact the FairLoc Ambassador with a request for clarification and/or rectification (cf. Section 4).
6.2. If the FairLoc Ambassador fails to satisfactorily clarify the circumstances or remedy the breach within a period of thirty days, FairLoc shall be entitled to cancel the stamp in question.
6.3. If FairLoc cancels three or more stamps issued by the FairLoc Ambassador, FairLoc shall be entitled to cancel the FairLoc Ambassador's account and to publish the name of said FairLoc Ambassador on a Blacklist available on the FairLoc website. This Blacklist will simply state that the named freelancers/companies have had their accounts terminated for non-compliance with the terms of the FairLoc Agreement.
6.4. For the purposes of monitoring compliance, FairLoc shall make available a whistleblowing form on its website. This can be completed by linguists, clients or other parties who suspect that a Stamp or Stamps may have been issued in breach of the conditions stipulated herein. All users of the whistleblowing form undertake to comply with any privacy restrictions that may apply (cf. Section 9).
7.1. Both Parties are entitled to terminate this Agreement with immediate effect upon providing written notice to the other Party.
7.2. Stamps issued following termination will remain valid, however the FairLoc Ambassador will be unable to issue any further Stamps.
8.1. FairLoc may cease operations at any time without prior notice.
8.2. In such an event, FairLoc Ambassadors and their Translation Clients may continue to display Stamps and such Stamps shall remain valid, however the infrastructure supporting digital Stamps may be removed. This means that the function by which users can click on Stamps to bring up information about their issuance and validity will be removed.
9.1. Both Parties undertake to comply with the European Union's General Data Protection Regulation and any other applicable privacy regulations or laws that may apply to this Agreement.
10.1 This Agreement shall be governed by and construed in accordance with the laws of Spain. The Parties agree that the courts of Malaga shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.