Terms of Service
Last updated: May 14, 2022
- Outline of Obligations
- Outline of Responsibilities
- Intellectual Property
- Standard Service Contract
1. Scope of Terms and Conditions
Lingo-Ledger provides the Lingo-Ledger platform. It allows Interpreters/Translators to post services they offer ('Listing’) and allows Users to make requests to book those services . Some aspects of a Listing will be made public to non-users of the Lingo-Ledger platform.
Interpreters/Translators can respond to Listings using a private message service present on the Lingo-Ledger platform or contact an Interpreter/Translator directly .
An Interpreter/Translator has the right to cancel a Listing before a contract has been accepted. Lingo-Ledger reserves the right to remove a Listing from the platform before a contract has been accepted.
Once the Job Offeror and Interpreter/Translator have finished negotiations, they have the option of receiving a Service Contract. The Service Contract is a standard form contract that lists out the service to be performed, and payment to be received.
Once the Service Contract has been created, a service fee is payable to a withholding account. The User must pay the Service Fee in order for the Service Contract to come in force. Lingo-Ledger will receive 10% of the Service Fee.
Once the Booking Date in the Service Contract has elapsed or Lingo Ledger is satisfied that the Service has been performed in accordance with our dispute policy, the Service Fee will be transferred the provided bank account of the Interpreter/Translator. This is subject to our disputes and cancellation policy. Users are encouraged to provide feedback on the Lingo-Ledger platform
2. Outline of Obligations
Lingo Ledger only provides the Lingo-Ledger platform allowing Interpreters/Translators the ability to create Listings and Users to respond to those Listings.
Only Users over the age of 18 can use the Lingo-Ledger platform
Users must be natural persons but can specify in their user profile they represent business entities (law firms etc)
Lingo Ledger reserves the right to exclude a User from its platform at its discretion if Lingo Ledger reasonably believes the conduct or potential conduct of that User would be detrimental to Lingo Ledger.
Lingo Ledger accepts no responsibility or liability for all aspects of User interaction including but not limited to description and performance of services.
Lingo Ledger accepts no responsibility or liability for the truthfulness or accuracy of Information provided by its Users in relation to their ability to render or pay for services whether caused by negligence or otherwise.
Lingo Ledger has no obligation to assist Users with disputes regarding the performance of a Service Contract and has no liability for damage caused the outcome of disputes whether caused by negligence or otherwise. The fact that Lingo Ledger does assist Users in disputes does not create an obligation to do so.
You understand and accept that Lingo Ledger does not perform background checks or investigation on Users prior to they are admitted to the platform beyond our verification policy, including criminal history checks, additional verification of User certifications or credentials beyond our verification y or any other character or suitably tests. You must accept that you are responsible for performing these checks at your own discretion such as confirming certifications, references, proof insurances, character etc. and fully responsible for choosing a interpreter/translator. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless Lingo Ledger from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.
3. Outline of Responsibilities
Any user of this platform whether a Job Offeror or Interpreter/Translator always must:
Comply with this agreement.
Comply with all relevant laws and regulations in the jurisdiction they are based.
Be aware of and comply with all relevant laws and regulations regarding the use of the Lingo-Ledger platform
Users of this platform agree that any content they post or view from the Lingo-Ledger platform may not be used on third party sites or for any other commercial purpose without explicit permission from Lingo Ledger.
Using the Lingo-Ledger for an illegal action or to aid and abet an illegal Action will result in the termination of your account at the discretion of Lingo Ledger.
The person or entity that created a Lingo Ledger account must retain control of the account of all times. Allowing others to use your Lingo Ledger via selling transferring your account to another person will result in the termination of the transferred account or any other account related to such transaction.
You agree to grant Lingo Ledger an unrestricted, worldwide royalty free license to copy, modify or alter any content you post to the Lingo Ledger platform publicly for the purposes of using that material for the general promotion of Lingo Ledger through the Lingo Ledger platform or otherwise.
Information that you post to Lingo Ledger platform cannot be harmful or reasonably construed as harmful to other members of the Lingo Ledger platform. This harm is not limited to pure economic harm. Content that fails to adhere to this requirement can be taken down by Lingo Ledger at their discretion. Repeated failure to adhere to this requirement can result in termination of your account at Lingo Ledgers discretion.
In concordance with this Agreement and appropriate legislation and regulation Information you supply to Lingo Ledger or to Users of the Lingo Ledger in relation to a Listing , Profile or otherwise must be faithful, accurate, reasonable and up to date. This information cannot be:
- False, misleading or deceptive by reasonable standards.
- Fraudulent or involve aiding or abetting fraudulent activity.
- Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy.
- Infringe any relevant legislation or regulation.
- Defamatory ,libelous, offensive, obscene or threating or link to material to that is defamatory, libelous, offensive, obscene or threating. Whether this is the case will be determined by a reasonable standard at the discretion of Lingo Ledger.
- Contain any malicious code that would compromise the function of the Lingo Ledger platform and intended experience of Users, including but not limited to viruses, trojan horses, worms, or any computer code that may alter, copy, damage, interfere or intercept with any code or data on the Lingo Ledger platform supplied by Users or otherwise.
Users who a party to a Service Contract must comply with any regulatory obligation in their jurisdiction for disclosure and tax purposes.
An Interpreter/Translator who is party to a Service Contract cannot charge an User additional fees than those listed in the contract. Lingo Ledger will not compensate an Interpreter/Translator for those fees. Lingo Ledger encourages that all fees are established prior to performance of the Service Contract and are listed in the Service Contract. Lingo Ledger reserves the right to terminate/suspend the account of an Interpreter/Translator who is found to do this at their discretion.
A User who is Party to a Service Contract cannot demand that an Interpreter/Translator perform additional services beyond those listed in the contract. Lingo Ledger will not compensate an User for unreasonable service in that event. Lingo Ledger reserves the right to terminate/suspend the account of a User who is found to do this at their discretion
If an Interpreter/Translator incurs additional costs to complete a Listing during performance, it is on solely responsibility of the Interpreter/Translator to acquire those costs from the User Lingo Ledger will only compensate and make decision about reimbursement based the agreed fee in the Service Contract.
To create a Service Contract a User must pay the Agreed Fee to the Payment Account.
Lingo Ledger will automatically take it’s agreed portion of the Agreed Fee from the Payment Account.
Failure to pay the Agreed Fee constitutes a violation the Service Contract and may result in the restriction/termination of a Users Account.
Once the Booking date has passed, Lingo Ledger will transfer the remaining money in the Payment Account to the Account provided by the Interpreter/Translator, subject to any disputes or cancellations. This should occur within 7 Business Days. Lingo Ledger makes no guarantees to the speed of the Payment.
Lingo Ledger uses a Payment Provider to operate the Payment Account
The terms and conditions present at https://stripe.com/ssa regarding or potentially regarding the Payment Account are incorporated in these Terms and Conditions. If those terms conflict with the terms in this agreement, terms of payment provider prevail.
Cancellation of a Service Contract by any party prior to the Free Cancellation period will result in the Service Contract being terminated and the Agreed Fee being transferred to the Interpreter/Translators provided Bank Account. The Free Cancellation period is 7 Days.
Cancellation of a Service Contract by a User after the Free Cancellation period will result in the Service Contract being terminated. The User will not receive compensation . Repeated cancellation of Services Contracts may be grounds for the termination/suspension of your Account.
Cancellation of a Service Contract after the Free Cancelation Period will not result in the User being charged if one of the following conditions are satisfied:
· Both parties agree to cancel the contract and waive the cancellation fee.
· If a User cancels the Service Contract after making reasonable and sustained efforts to contact another User. What constitutes a reasonable and sustained effort is subject to investigation by Lingo Ledger.
Cancellation of the Service Contract by the Interpreter/Translator after the Free Cancellation period will result in the Service Contract being terminated. The Interpreter/Translator will not receive the agreed fee. The User who did not cancel will receive the agreed fee in their provided Bank Account.
Cancellation of a Service Contract after the Free Cancelation Period may result in the Interpreter/Translator receiving the Agreed Fee if one of the following conditions are satisfied
· If an Interpreter/Translator cancels the Service Contract after making reasonable and sustained efforts to contact another User . What constitutes a reasonable and sustained effort is subject to investigation by Lingo Ledger.
After the allotted time for performance time of the Service Contract has elapsed, both Parties can elect to trigger a dispute for one of the following reasons:
A party failed to perform their obligations to a reasonable standard.
A party failed to deliver to arrive at a reasonable time (e.g one hour late).
A party required me to perform obligations not present in the Service Contract.
Other reasons deemed suitable by Lingo Ledger
The other party will be notified of the dispute via the Lingo Ledger platform and via their provided email.
If a User triggers a dispute and another User does not respond to that dispute within 14 days, the User that triggered the dispute will be entitled to receive the Service Fee in their provided bank account. Lingo Ledger estimates it will take approximately 14 days after the conclusion of the dispute period before such a payment is made.
If both Users either trigger a dispute or one User responds to a dispute , Lingo Ledger will act as mediator an encourage both parties to a settlement. Both parties are required to make a genuine attempt to solve the issue. If a settlement cannot be made Lingo Ledger can be elected to make a determination or enlist a Third-Party Service Dispute Resolver.
Triggering Disputes without good cause may be grounds for suspension/termination of your Account.
Lingo Ledger has the right to use information and metadata present in it’s messaging system log when deciding a dispute. Lingo Ledger does not need to be granted user permission to access these logs.
If Lingo Ledger is elected to decide a dispute, Lingo Ledger will conduct an investigation and may request additional documentation and information. Failure to comply with these requests can be used as factor against a dispute resolving in your favor.
Lingo Ledger can make a final determination regarding the dispute and will instruct the Payment Provider provided to transfer money from the Payment Account to appropriate account accordingly. Lingo Ledger reserves the right to hold money in the Payment Account until the dispute is resolved.
You can raise issues about Lingo Ledger’s determination regarding the dispute resolution in process in a relevant court or tribunal at your own cost. You must accept Lingo Ledger accepts no liability or responsibility for any damages stemming from a negligently decided dispute.
Lingo Ledger may elect to use a Third Party Dispute Resolver. Parites may agree to use the Third Party Dispute Resolver and can agree to Terms and Conditions of that Third Party Dispute Resolver at their discretion and pay relevant costs to the Third Party Dispute Resolver.
6.10 Disputes regarding the determination of the Third Party Dispute Resolver must be raised in accordance with the Terms and Conditions of the Third Party Dispute Resolver.
6.11 If Lingo Ledger provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Lingo Ledger for any costs, losses or liabilities incurred by Lingo Ledger in relation to any claims relating to any other use of information not permitted by this Agreement.
Lingo Ledger may use Identify Verification Services and KYC protocols
You must acknowledge that Identify Verification Services may not be accurate as Identity Verification Services are contingent on the accuracy of User supplied data.
You are responsible for identity verification and further background and character checks. Lingo Ledger verification services are intended as use as a guideline only.
Lingo Ledger may grant user Verified Badges. In order to obtain a Verified Badges you must grant Lingo Ledger access to certain documents and may be asked to perform certain tasks. The steps you must take to obtain a badge will be determined by Lingo Ledger or a Third Party service subject to it’s Terms and Conditions. You may be required to agree with those Terms and Conditions in order to be granted a badge.
Verified Badges do not confirm a User has accurate documentation and are only obtained via point in time checks. A User who enters a Service Contract on the basis that another User has a Verified Badge accepts that are responsible for confirming the validity of the documentation themselves.
Proving false, misleading or fraudulent information or documentation in order to obtain a Badge will result in the suspension from the Lingo Ledger platform or termination of your account.
The provision of Verified Badges is ability granted only to Lingo Ledger. Use of Verified Badges is limited to Users of the Lingo Ledger platform solely. Professing or Displaying a Verified Badge via misleading, fraudulent or deceptive means via photo manipulation or otherwise on the Lingo Ledger platform or otherwise is prohibited. It can result of the termination or suspension of your account at the discretion of Lingo Ledger
Lingo Ledger reserves to right to not issues or remove a Verified Badge without notice if a User is found to have breached these Terms and Conditions, the Badge is no longer relevant to the Lingo Ledger platform, or expired.
8. NAATI Badges
Lingo Ledger can grant a badge displaying a User has satisfied NAATI accreditation requirements.
In order for this Badge to be granted, a User must supply Lingo Ledger their NAATI certificate and other relevant identification. By supplying a NAATI certificate you submit that the NAATI certificate is genuine and provided by NAATI. You submit that all relevant documentation provided by you in the Verification process is true and genuine. If any documents provided are found to be false, misleading or deceptive or obtained via false, misleading or deceptive means Lingo Ledger reserves the right to terminate or suspend your account.
Lingo Ledger may offer you a Verified Badge once verification is complete. The type of Verified Badge you receive will depend on the NAATI certificate you have provided.
By submitting personal information and documentation to Lingo Ledger for the process of verification you consent to use, processing and recording of this data by Lingo Ledger and Third Party Identification Verification Providers. Lingo Ledger and Third Party Identification Verification Providers will be allowed to access your data for up to 6 months following the Termination of your account.
You accept that NAATI badges are provided on the basis that User data is genuine and correct and no other means. Lingo Ledger and Third Party Identification Verification Providers perform no additional investigation on the documents provided by users. You expressly release, indemnify and hold harmless Lingo Ledger and its associates and its third party processors from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the NAATI accreditation status of a User in relation to any services provided or acquired through the Lingo Ledger platform.
9. Intellectual Property
You accept that all logos,icons,titles, designs, templates, and other material present on the Lingo Ledger platform and Lingo Ledger website is Intellectual Property to which Lingo Ledger is the sole propitiator of. Use of these materials for personal or commercial purposes without Lingo Ledger permissions constitutes violation of copyright and can result in the termination or suspension of your Account
You accept that the material you provide on the Lingo Ledger platform on your profile is provided on the condition you grant Lingo Ledger an unrestricted royalty free worldwide license to use, modify, copy, or alter that material for promotional purposes or otherwise.
Users who post information on Lingo Leger platform that constitute a violation of a Third Parties intellectual property rights are solely responsible and liable for that violation. Lingo Ledger is not responsible for the intellectual property of its users. Violation of third-party intellectual property can result in the termination or suspension of your Account.
Lingo Ledger manages, holds and uses your information in full compliance with the Privacy Act 1988 Australian Privacy Principles and other applicable legislation or regulation. The data we collect from users includes:
- Name, address, email address , phone number and other relevant contact details.
- Age and gender.
- Bank account details which are processed by our payment provider.
- The location you are open to accepting or performing jobs.
- Work experience, references, qualifications, completed tasks, certications and other information displaying your competence.
- Credit Card and Bank Account Details to be sent out to our Payment Provider.
If your personal information changes, is it is your responsibly for you to update that information such that it best reflects your current circumstances.
For us to improve the Lingo Ledger Platform and your user experience we may collect information regarding your use of the Lingo Ledger platform. This includes:
- The Contracts you enter on the Lingo Ledger platform.
- Ratings you leave on other User Profiles.
- Information you post on your Profile.
- Computer and connection information such as statistics on page views, traffic to and from Services, referral URL, IP address, unique device ID, browsing history.
Please note that the Information you provide to Lingo Ledger may be viewed publicly when you:
- Make a Listing
- Contact an Interpreter/Translator.
- Provide feedback on the Lingo Ledger platform.
This information can include but is not limited to your name, work experience, credential, past history with Lingo Ledger platform and feedback received from other user on the Lingo Ledger platform
10.5 Lingo Ledger is not responsible or liable for damages caused by the voluntary disclosure of personal data by Users of the Lingo Ledger Platform whether that be of a User themselves or another person or entity entirely.
10.6 Lingo Ledger uses your data in accordance with Privacy Act 1988 and the Australian Privacy Principles.
- We collect your name and contact details to ensure the Lingo Ledger platform can operate by allowing Job Offerors and opportunity to be contacted by identifiable Interpreters and Translators.
- We collect your Bank Account Details to pay you from our Payment Account in collaboration with our Payment Provider.
- We collect identification documents to ensure Users of our platform are engaging with legitimate persons and possess credentials they purport to have.
- We reserve the right to give your information to law enforcement bodies in compliance with an order of court, tribunal or regulator if Lingo Ledger reasonably believes such information is necessary for enforcement related activities.
- We reserve the right to use your information for accounting, invoicing and billing purposes by third party service providers and to respond to inquries users make. This is in the legitimate interest of Lingo Ledger and the users of the Lingo Ledger platform.
- We collect communications between you and Lingo Ledger as it in our accordance with our Dispute Policy and in the best interest of the Lingo Ledger platform of our User base to resolve disputes justly and fairly.
Your account is protected by a User Name and password. We take reasonable steps to secure this information for unauthorized access, but we cannot guarantee the absolute security from hackers, third party interception or viruses. We cannot and do not ensure or warrant the security of your private data, such as payment and account details. You transmit that information at your own risk. You are liable for maintaining the secrecy of your account details and passwords.
11. Model Contract
SCOPE: This contract concerns the services provided by an Interpreter/Translator to a Job Offeror from XX/XX/XX XX:XX to XX:XX. Lingo Ledger is not primary party to this contract and merely holds money in the Payment Account in accordance with Payment Provider, mediates disputes, and provides payment in accordance with it’s cancellation policy.
OBLIGATIONS OF INTERPRETER/ TRANSLATOR:
- The interpreter translator is to provide services interpreting/translating XXX to XXX.
- The interpreter translator is to required to perform their task at a reasonable standard and in accordance with the Australian Consumer Law.
- The interpreter translator is required to perform their tasks from XX:XX to XX:XX notwithstanding reasonable time set aside for breaks, planning etc.
- The interpreter/translator cannot subcontract their obligations to another party.
OBLIGATIONS OF THE OTHER USER
- The User must provide the Interpreter/Translator a safe working environment.
- The User cannot ask the Interpreter/Translator to perform tasks beyond the scope of the contract.
- The User must pay the Intpreter/Translator before the commencement of the service by depositing money in the Payment Account.
OBLIGATIONS OF LINGO LEDGER
- Lingo Ledger will collect money from the Userr by requesting the User deposit money in the Payment Account.
- After taking a Fee, Lingo Ledger will deposit money into the provided account of the Interpreter/Translator within a reasonable time in accordance with Lingo Ledger Terms and Conditions.
- Lingo Ledger will uphold it Cancellation Policy and compensate members from the Payment Account if the Contract is cancelled within a non-cancellation period.
- Lingo Ledger will uphold it’s Dispute policy and require the Parties to resolve their disputes independently within a reasonable amount of time.
- Lingo Ledger has the right to request information and evidence from a User and Interpreter/ Translator in the event of a Dispute.
- Lingo Ledger is not personally liable in for a decision of a dispute and the consequences following that decision.
INCORPORATION OF TERMS
- Lingo Ledgers Terms and Conditions, the Australian Consumer Law and other applicable regulation and legislation apply to this contract.
- Each party ensures that the information they provided relating to this contract is true.
- The Interpreter/Translator ensure they have the right to work in the relevant jurisdiction and holds the licenses to do so.
COMMENCEMENT OF CONTRACT
- This Contract commences once both parties have signed the contract and submitted it to Lingo Ledger.
TERMINATION OF CONTRACT
This Contract is terminated when:
- Both parties agree to cancel the contract.
- Both parties agree that services have been rendered by the Interpreter/Translator.
- One party agrees to cancel the contract after making a reasonable and sustained effort to contact the other party.
- A Dispute has been triggered.