Terms of Service

In a Nutshell

(This is simply a human-readable summary. The actual terms are below under the section entitled “Terms and Conditions Spelled Out”)

1. How things generally work:
   1. You get a quote from us online.
   2. You pay the initial quote balance.
   3. We review your quote for accuracy.
   4. We give you the translation.
2. Here are the caveats:
   1. Since our quote system is automated, we may modify a quote or price if we find an error or receive further information that would, if it was considered from the beginning, change the price.
   2. Because Aramaic is very different from English, we may need to discuss how you want certain things rendered (which may result in delay).
   3. Customized physical goods are refundable at our option as we cannot always resell them.
   4. All other sales are final 30 days after the receipt.
   5. We will unfortunately have to default your account if:
      1. Payment bounces.
      2. The proper materials to translate are not given to us within a reasonable amount of time (30 days plus).
      3. Credit card payments are reversed or charged back;
      4. Trademarked, copyrighted, confidential, protected or proprietary information (that you don’t have legal authority to translate) is submitted.
      5. We find that you have not been truthful and honest with us. (As a family company, we take this seriously.)

Terms and Conditions Spelled Out

By consenting (placing an order or clicking on the “I understand the Privacy Policy and agree to the Terms of Service” box) (”Consent”), this Service Agreement (”Agreement”) is entered into by You and Aramaic Designs (a facet of RogueLeaf, a New Jersey sole propriatorship owned by Steven Caruso) (”Aramaic Designs”) and is a legally binding agreement between You and Aramaic Designs. By Your Consent, You represent and warrant that You have read, understood and expressly agreed to be bound by the terms and conditions contained in this Agreement.

1. DEFINITIONS
   1. “Aramaic Designs” refers to a facet of RogueLeaf, a New Jersey sole propriatorship owned by Steven Caruso.
   2. “You” shall mean but not be limited to the individual person, program, operating system, end user, entity, electronic agent or system consenting to and entering into this Agreement on the Website.
   3. “Source Materials” means the documents, materials, and other items You provide to Aramaic Designs for Translation Services under this Agreement.
   4. “Translation” means the final, translated version of the Source Materials and all Translation Goods provided by Aramaic Designs to the Client.
   5. “Aramaic Language” means the group of ancient and modern Northwest Semitic languages as defined by current scholarly convention.
   6. “Delivery Date” shall mean the approximate date that Aramaic Designs shall provide the Translation to You.
   7. “Translation Services” shall mean the Human Translation Services You purchase from Aramaic Designs or the Website.
   8. “Translation Goods” shall mean physical goods You purchase from Aramaic Designs.
   9. “Human Translation Services” shall mean those services requiring Aramaic Designs to translate Source Materials.
   10. “Order” shall mean a set of requested goods and services from You.
   11. “Consent” shall mean Your placement of a check mark in the box set forth on the applicable page of the Website indicating Your consent to be bound by this Agreement.
   12. “Website” shall mean AramaicDesigns.com and all pages of AramaicDesigns.com.
   13. “Price” shall mean the entire price provided to You by Aramaic Designs for performance of Translation Services.
   14. “Modifications” shall mean any revisions, alterations, amendments, changes, modifications or other requests to modify the Source Materials or the Translation by You.
2. PAYMENT and DELIVERY
   1. Payment Terms.
      1. Aramaic Designs shall confirm with You the Price for the Human Translation Services at its earliest convenience upon receipt of the Source Materials.
      2. Upon your consent and payment of the final Price as notified to you by Aramaic Designs, Aramaic Designs shall perform the translation services and shall provide You with the Translation.
      3. You hereby agree that customized Translation Goods are NON-REFUNDABLE after delivery.
      4. Notwithstanding the Section directly above, You hereby agree 30 days after Aramaic Designs delivers the Translation to You, all amounts paid or owing as the Price shall be NON-REFUNDABLE.
      5. Notwithstanding anything to the contrary contained above, Aramaic Designs, prior to performing or delivery of the Translation, reserves the right to modify pricing, and delivery estimates upon receipt and evaluation of the Source Materials or any additional information or materials You provide to Aramaic Designs or which is necessary to perform the Translation.
      6. You agree that the Price for the Human Translation Services is owed and earned by Aramaic Designs upon providing the Human Translation to You.
      7. Should Aramaic Designs need to engage the services of a law firm, solicitor, or debt collection agency to collect the late payment or Price and interest from You (collectively “Collection Services”), You agree to pay Aramaic Designs all costs of such Collection Services when due plus an additional administrative fee equal to additional resources expended to compensate Aramaic Designs for collection of the outstanding amounts owed to Aramaic Designs .
   2. Delivery terms.
      1. For the purposes of this Agreement, a Translation (not including Translation Goods) shall be deemed delivered at the earliest of Aramaic Designs: (1) sending an email to You attaching and/or containing the Translation; or (2) uploading your translation to the Aramaic Designs Website for Your download.
      2. Translation Goods by default will be delivered by the United States Postal Service.
      3. Shipping costs are included unless otherwise stated.
      4. If You wish to have expedited shipping, You agree to pay all additional costs.
      5. Aramaic Designs reserves the right not to offer expedited shipping for all Translations.
3. TRANSLATION SERVICES.
   1. Source Materials.
      1. You hereby agree to timely provide the Source Materials in a format that is readily accessible and legible to Aramaic Designs and Aramaic Designs shall not be liable to You for any damages or in any manner for Your failure to timely provide: (a) the Source Materials; or (b) readily accessible and legible Source Materials.
      2. Unless otherwise notified and approved by Aramaic Designs (which approval shall be given or withheld in Aramaic Designs’ reasonable discretion), Aramaic Designs shall provide the Human Translation Services in Aramaic Designs’ usual and customary practice. For the purposes of this Agreement Aramaic Designs’ usual and customary practice shall mean that the Translation will be based on usual and conventional meanings of the information contained in the Source Materials.
      3. You hereby represent and warrant that the requested Translation Services are for lawful purposes only. You further represent and warrant not to use the Translation Services or the Translation to translate any Source Materials that include but are not limited to defamatory, obscene, stolen, or other unlawful material (collectively “Unlawful Information”); and/or confidential, proprietary, trademarks or copyrighted information, belonging to a third party (collectively “Proprietary Information”), without the express written authorization of the rightful owner of the Proprietary Information.
   2. Translation.
      1. Given the nature and age of the Aramaic Language, not all concepts, ideas, implications and intentions may be possible to convey in translation. When Aramaic Designs comes up against difficulty in rendering the Source Materials in the Aramaic Language, You agree to work with Aramaic Designs to find a Translation satsifactory to Your purposes.
      2. You agree and understand that some dialects of the Aramaic Language may be anachronistic to write in certain scripts. Aramaic Designs will make reasonable efforts to alert You to possibilities of anachronism, but that Your choice of script will be your own liability and responsibility.
      3. You are aware that the average translation turnaround time is approximately two (2) weeks unless your order is rushed (”Rush Ordered”) for an additional fee. Rush Ordered Translations will be delivered within the timeframe specified at purchase.
   3. Modifications.
      1. You may request Modifications after the Source Materials are submitted and/or after Aramaic Designs delivers the Translation (collectively “Modifications”) to You, however, any such Modifications will be subject to an additional fee (the “Additional Fee”) that will be communicated to You in the same manner that Aramaic Designs notified You of the Price. You hereby agree to pay Aramaic Designs the Additional Fee prior to Aramaic Designs making any such Modifications.
      2. In the event You request Modifications, You shall precisely indicate: (1) the Modifications, and (2) where the Modifications occur in relation to the previously submitted Source Materials and/or the previously delivered Translation.
   4. Corrections.
      1. Aramaic Designs shall correct the following errors free of charge upon timely notification: (a) clearly incorrect translations of words/information; (b) omissions of words or information; (c) typos; or (d) grammatical errors
      2. You hereby agree that Aramaic Designs shall have no liability or obligation to make corrections to the Translation unless Aramaic Designs receives written notification of the error(s) within ten (10) days following delivery of the Translation to You (the “Error Notice”). Aramaic Designs’ sole obligation with respect to errors shall be the obligation to correct the Translation and deliver the corrected Translation at no cost to You within fifteen (15) days of receipt of the Error Notice.
      3. You hereby agree that Aramaic Designs shall have no liability or obligation to make corrections to the Translation if You have amended or in any other way altered the Translation since its delivery by Aramaic Designs to You.
4. DEFAULT.
   1. Default by You. You will be deemed in default of this Agreement if you:
      1. You fail to pay the Price in immediately available funds;
      2. You fail to timely submit Source Materials or information essential to complete the Translation;
      3. You cause any credit card payments made to be reversed/charged back;
      4. You submit trademark, copyrighted, confidential, protected or any proprietary information without authority for Translation.
      5. You fail to perform any material obligation pursuant to the terms of this Agreement; or
      6. Any of the representations You make during the terms of this Agreement are untrue.
   2. Default by Aramaic Designs. Aramaic Designs will be deemed in default of this Agreement if after You provide Aramaic Designs a detailed notice of default including the precise nature of the default (the “Default Notice”), and, the default is not cured within fifteen (15) days or if the nature of the default is such that the default can not be cured within fifteen (15) days, so long as, Aramaic Designs commences to cure the default within the fifteen (15) days and diligently pursues to cure the default within a reasonable amount of time(the “Cure Period”); the expiration of the Cure Period Aramaic Designs shall not have:
      1. Delivered the Translation by the Delivery Date subject to any Force Majeure and the Cure Period set forth herein.
      2. Aramaic Designs fails to perform any of its material obligations pursuant to the terms of this Agreement; or
      3. Any of the representations Aramaic Designs makes during the term of this Agreement are untrue.
5. REMEDIES.
   1. Aramaic Designs Remedies for a Buyer Default.
      1. Aramaic Designs shall be entitled to and You agree to pay to Aramaic Designs the Price in full plus a $15 default fee, minus any deposits and payments made by You; and
      2. Aramaic Designs shall be entitled to and You agree to pay Aramaic Designs’ attorneys fees and costs and any costs associated with collection, litigation, arbitration or mediation; and
      3. Aramaic Designs shall be entitled to any and all other legal and equitable remedies available to Aramaic Designs in the event of a Buyer default.
   2. Buyer Remedies for Aramaic Designs Default.
      1. Buyer shall only be entitled to a refund of all moneys paid to or as deposits to Aramaic Designs for that portion of the Translation not completed, a return of the Source Materials, and the portion of the Translation that is completed (the “Refund”);
      2. Buyer hereby expressly waives and releases Aramaic Designs from any an all Damages, subject to the Section directly above, arising from a Aramaic Designs default of this Agreement. Damages shall include, but not be limited to, any and all monetary amounts arising out of or related in any manner to this Agreement whether actual, direct, indirect, consequential, future, expectant, loss profits, punitive or otherwise.
      3. You further expressly understand and agree that Aramaic Designs would not have entered into this Agreement with Buyer if Aramaic Designs could be found liable for any Damages other than the Refund, and as such Aramaic Designs relies on You to represent and warrant that You will not pursue any Damages other than the Refund in the event of a Aramaic Designs Default.
6. TERMINATION. Aramaic Designs expressly reserves to right to cancel this Agreement at any time upon: (a) written notice to You (the “Cancellation Notice”) via email, the Website, or postal service; and (b) return of the Source Materials; and (c) return of any portion of the Translation that is completed at the time of the Cancellation Notice; and (d) refund of any unexpended amount of the Price after deducting for the Translation Services provided to You.
7. INDEMNIFICATION. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ARAMAIC DESIGNS, ITS OWNERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO LEGAL FEES, EXPERT FEES AND COSTS THAT MAY ARISE OUT OF OR INCIDENT TO THE TRANSLATION, TRANSLATION SERVICES, SOURCE MATERIALS, THIS AGREEMENT, THE WEBSITE, INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS OF ANY NATURE WHATSOEVER, AND NOT CAUSED BY THE GROSS NEGLIGENCE AND WILLFUL MISCONDUCT OF ARAMAIC DESIGNS. YOU FURTHER ACKNOWLEDGE, AGREE AND WAIVE ANY CLAIMS OF YOURS FOR DAMAGES YOU SUFFER, OR FOR ANY CLAIM AGAINST YOU MADE BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE TRANSLATION, TRANSLATION SERVICES, SOURCE MATERIALS, THIS AGREEMENT, THE WEBSITE, INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS OF ANY NATURE WHATSOEVERREGARDLESS OF THE NATURE OF THE CLAIM, OR THE CAUSE OF ACTION AND ON ANY THEORY OF LIABILITY, EXCEPT FOR ANY CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ARAMAIC DESIGNS.
8. WARRANTIES AND DISCLAIMERS. ARAMAIC DESIGNS PROVIDES THE TRANSLATION SERVICES, AND THE TRANSLATION, WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WITHOUT MAKING ANY WARRANTIES THAT THE TRANSLATION WILL BE ACCURATE, CORRECT, USABLE, RELIABLE, MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, SECURE, OR TIMELY.
9. CONFIDENTIALITY. This Agreement is subject to the Privacy Policy of Aramaic Designs which is set forth on the Website.
10. MISCELLANEOUS
    1. Choice of Law and Venue. The laws of the State of New Jersey, of the United States of America without giving effect to its choice of law principles shall govern the applicability, interpretation and validity of these Terms and Conditions. You hereby agree that the State and Federal Courts located in Middlesex County, New Jersey in the United States of America shall be the exclusive venue for any dispute, action, claim or contest arising out of or related in any manner to the Terms and Conditions.
    2. Construction. As used in these Terms and Conditions, the masculine, feminine or neuter gender and the singular or plural numbers shall each be deemed to include the other whenever the context so requires. These Terms and Conditions shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the Party causing these Terms and Conditions or any part of these Terms and Conditions to be drafted. The Parties acknowledge that each Party has reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel. If any words or phrases in this Agreement are stricken or otherwise eliminated, whether or not other words or phrases have been added, these Terms and Conditions shall be construed as if the words or phrases stricken or otherwise eliminated were never included in these Terms and Conditions, and no implication or inference will be drawn from the fact that the words or phrases were stricken or otherwise eliminated.
    3. Entire Agreement. These Terms and Conditions are the entire agreement between You and Aramaic Designs pertaining to Your access and use for any purpose whatsoever of the Website. There are no oral promises, conditions, representations, understandings, interpretations or terms of any kind as conditions or inducements to the acceptance by You of the Terms and Conditions. Aramaic Designs may amend, modify, change, revise or alter in any manner Aramaic Designs deems necessary and its absolute and sole discretion the Terms and Conditions of the Website without notice to You and without Your consent.
    4. Section Headings. The section headings in these Terms and Conditions are inserted only for convenience and reference and the parties intend that they shall be disregarded in interpreting these Terms and Conditions.
    5. Waiver. No delay or failure by Aramaic Designs in exercising any of its rights or enforcing any of the provisions of the Terms and Conditions shall constitute a waiver of that right or provision.
    6. Force Majeure. No Party shall be liable for any delay or failure in performance of any part of this Agreement (other than obligations to pay money) if the delay or failure in performance is related to unusually severe weather, flood, fire, lightning, epidemic, quarantine restriction, war, sabotage, act of a public enemy, earthquake, insurrection, riot, civil disturbance, strike, work stoppage caused by jurisdictional and similar disputes, restraint by court order or public authority, or action or nonaction by or inability to obtain authorization or approval from any Governmental Authority, family-related issues, or any combination of these causes, which by the exercise of due diligence and foresight such Party could not reasonably have been expected to avoid and which by the exercise of due diligence is unable to overcome (a “Force Majeure Event”). If a Party is unable to perform any part of this Agreement by reason of a Force Majeure Event, the nonperforming Party shall give prompt notice of such fact to the other Party. In the event of a Force Majeure the Party that is unable to perform shall: (1) exercise all reasonable efforts to continue to perform its obligations under this Agreement; (2) expeditiously take action (if possible) to correct or cure the event or condition excusing performance so that the suspension of performance is no greater in scope and no longer in duration than is dictated by the problem; (3) exercise all reasonable efforts to mitigate or limit damages to the other Party; and (4) provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance.