Lingoing terms of business for Agencies

Thank you for choosing Lingoing Limited to help you find a language service professional.

As you’d expect, we need to set out some clear guidelines to help you get the best out of our service.

These terms of business (“Terms”) govern the relationship between Lingoing Limited with registered company number 07553278 and you the client, whose details have been provided to Us on the Registration Form, for Your use of the Service both as defined herein.

For clarity, we’ll refer to Lingoing Limited (“Lingoing”) as “Us”, “We” and “Our” elsewhere in these Terms, and will use “You” and “Your” to refer to You, the client.

Definitions

“Additional Administration Fee” means after our first 25 Confirmed Applications or Postings for a Vacancy there is an Additional Administration Fee

“Confirmed Application” means the response to a Vacancy which has been agreed by a client via the Platform.

“Commencement Date” means the date the Registration Form is completed by You.

“Contract” means the agreement between You and Us, governed by these Terms, created when You complete the Registration Form and make immediate payment of Your first monthly Licence Fee.

“Information” means the information You are required to submit in respect of a position when You place a Vacancy via the Platform.

“LSP” means an individual offering language services identified to You through the Platform.

“LSP Data” means the data added by an LSP to (i) their Language Service Professional Profile and (ii) an Application via the platform

“Licence Fee” means Our monthly charge for the Service, which is calculated based on the number of Vacancies You submit and which is subject to a minimum sign up period.

“Language Service Professional Profile” means area of the Platform where (i) the LSP inputs their details including but not limited to; qualifications, fee, experience and professional memberships from which they can message You and (ii) where You input Your details, can access the Application and can return messages to the LSP.

“Initial Term” means a period of twelve (12) months from the Commencement Date.

“Parties” means You and Us.

“Platform” means the area of Our Website which provides You with access to Your Language Service Professional Profile and access to the Service.

“Registration Form” means the area of Our Website which enables You to sign up to the Service.

“Service” means the provision of a Platform whereby You can post vacancies for LSP’s to view, apply and contact you for further information.

“Vacancy” and “Vacancies” means the employment role You submit to Our Platform for the LSP’s to view and which includes sufficient information to enable LSP’s to apply for a Vacancy.

“Website” means Our website at www.lingoing.com

The Contract

A Contract is formed between Us when You sign up to the Service and make immediate payment to Us of Your first monthly Licence Fee.

These Terms comprise the entire agreement between You and Us. These Terms shall take precedence over any other terms of business or purchase conditions put forward by You unless We agree otherwise in writing. Any variation to these Terms needs to be agreed by Us in writing.

Subject to Clause 10, You shall have no remedy in respect of any representation (whether written or oral) made to You upon which You relied in entering into the Contract that is not reflected in these Terms.

The Service

The Service facilitates the sourcing of an LSP to fill a Vacancy posted on the Platform by You.

The Service will:

  • allow You to access the Platform; and
  • provide You with a Language Service Professional Profile so You can post a Vacancy and access an Application; and
  • alert the network of LSP’s that Your Vacancy is available; and
  • allow the LSP’s to respond to your Vacancy request and for both You and the LSP to negotiate the terms of the Vacancy through the Platform; and
  • allow you to see qualifications, relevant experience and fees of an LSP, before You offer the Vacancy to an LSP.

We shall use reasonable endeavours to make the Service available to You 24 hours a day, 7 days a week, however, given that access to the Service is via the internet, We can make no guarantees regarding the Platform or Service availability.

We will offer You support when accessing the Platform or when posting a Vacancy via email info@lingoing.com or text 07982601566 or phone 07982601566. We will respond to your query or support request as soon as possible during Our normal business hours (8am to 6pm Monday to Friday).

In relation to the Service You understand and agree that in order for You to get the best from Our Service You need to meet the obligations assigned to You as set out in these Terms. We accept no liability for Your failure to provide accurate and complete Information.

Your Obligations

You understand and agree that in order to use Our Service, You shall:

  • provide full and accurate Information about the Vacancy and answer all questions asked of You by the LSP and/or by the Platform.
  • manage and treat LSP Data in accordance with Clause 7 of these Terms.
  • be responsible for negotiating and forming a contract with the LSP (“Engagement Contract”).
  • You are responsible for agreeing a rate with the LSP and making payment to the LSP under the terms of the Engagement Contract, provided that any such rate (i) adheres to Our fair payment philosophy (“Fair Rate Standard”) available to You on request. We have developed the Fair Rate Standard as a guide to help ensure a fair price is paid by clients and a fair price is received by Language Service Professionals, according to industry benchmarks and (ii) Your payment terms are no greater than thirty (30) days.

Fees and Payment

Your Contract for the Services and Your agreement to pay the monthly Licence Fee for a minimum of 12 months starts from the date You first enter Your details into Our Platform.

Our monthly Licence Fee is £25.00 per month + Vat

Our Additional Administration Fee is £1 + Vat and is for every Posting or Confirmed Application for a Vacancy that You submit, after the first 25.

For billing purposes We classify a single Vacancy by the number of hours it will take to carry out the work each Vacancy can be up to 3 hours. For example:

  • 0-3 hours is 1 Vacancy e.g. if the Vacancy is for 1, 2 or 3 hours
  • 4-6 hours is 2 Vacancies e.g. if the Vacancy is for 4, 5 or 6 hours

This continues in 3 hourly increments.

We shall take payment from You by Direct Debit on the Commencement Date and thereafter payments are collected on the 1st of each month, and you will be able to monitor your current usage for the month at any time in your account. If you sign up later in the month, you will be billed pro-rata.

All payment will be taken and processed using the gocardless Website https://gocardless.com

If payment of the Licence Fee and Additional Administration Fee fails because of an error on Your or Your banks part and such failure is not remedied within 2 working days, We will be entitled to charge interest and debt collection fees in accordance with the Late Payments of Commercial Debts (Interest) Act 1998 (as amended). In the event that the debt is passed to a third party debt recovery or legal service You will be liable for all costs incurred in recovering any outstanding debt.

You shall not be entitled to a refund of the Licence Fee and or the Additional Administration Fee in any circumstances.

Term and Termination

The Contract will become effective on the Commencement Date and will continue for the Initial Term and will renew for further periods of twelve (12) months (“Renewal Terms”) unless terminated earlier in accordance with this Clause 6.

We may terminate the Contract immediately without liability and without prejudice to any right for relief if:

  • You breach any provision of these Terms; or
  • You fail to meet Your obligations to Us or an LSP.

Either You or We may terminate the Contract after the Initial Term by:

  • giving written notice to the other party, such notice to be given 60 days prior to expiry of the then current term; or
  • if the other party has a receiver or administrative receiver appointed over it or any of its undertakings or assets, or passes a resolution for winding up or ceases to trade or any similar event occurs.

LSP Data

We will use Our reasonable endeavours to ensure that all LSP’s who register with the Platform are registered with a recognised professional body and that they add qualification, reference and previous experience details, to their Language Service Professional Profile.

We will use Our reasonable endeavours to check that the LSP Data provided by the LSP to the Language Service Profile is accurate and up to date.

We provide no warranty for, and You agree We will not be liable for, any inaccurate or out of date LSP Data provided to Us either by the LSP or a Third Party during Our checks of the LSP Data.

You agree that it is Your responsibility to satisfy Yourself as to the suitability of each LSP for Your Vacancy. We are in no way acting as an employment agency or employment business. You are solely responsible for:

  • the selection of LSP to fill the Vacancy and negotiation of the Engagement Contract;
  • obtaining work permits and/or such other permission to work as may be required;
  • the arrangement of medical examinations and/or investigations into the medical history of the LSP as may be required;
  • satisfying any medical and other requirements, qualifications or permission required by the laws of the country in which the LSP is engaged to work.

You agree that We shall have no liability in respect of the acts or omissions of any LSP with whom You enter into an Engagement Contract.

Data Protection

You may use the LSP Data for the sole purpose of finding and selecting individuals to fill Your Vacancy and for no other purpose whatsoever.

You acknowledge that the LSP Data is considered to be personal data as defined in the Data Protection Act 1998 (the “Act”) and that You are responsible for ensuring Your compliance with the Act. In particular, You shall ensure that You employ appropriate operational and technical measures to protect the security and confidentiality of such personal data.

It is a condition of Our supply of the Service that You shall not:

  • supply, sell or license LSP Data (or any copies thereof) to any other person or affiliate.
  • contact an LSP for any reason other than as provided for under these Terms.
  • make or allow any use of the LSP Data, other than for the purpose of finding suitable LSP’s for a Vacancy.

You agree to delete all LSP Data upon its replacement with up-to-date material or the satisfactory conclusion of Your search for a suitable LSP, whichever occurs first.

You agree to deal fairly and professionally with LSP’s and to comply with all anti-discrimination and employment legislation including but not limited to the Equality Act 2010.

You shall be liable for Our direct costs, losses and damages, howsoever occurring, sustained by Us as a result of any breach of Your obligations contained in this Clause 8.

Licence

We shall provide You with a personal password to enable You to access the Service. You agree to keep such password secret and to use it solely for the purpose of accessing the Service. We may, in Our sole discretion, terminate any password that We reasonably believe to have been compromised and shall have no liability to You in the event of such termination.

Liability

You are responsible for the content of any Vacancy and will be liable for Our direct costs, losses and damages arising as a result of any claim, loss, liability, expense and/or damage ("Losses") in connection therewith. We reserve the right in Our sole and absolute discretion to remove or edit any Vacancy at any time without reason. You shall not be liable for Our losses where such losses or any liability is attributable to Our edit of a Vacancy.

Examples of Vacancies that may be removed or edited include (but are not limited to) those that:

  • We consider illegal, discriminatory, inappropriate or fraudulent.
  • directly or indirectly require or ask for application or registration fees.
  • advertise franchise, pyramid, network marketing or “get-rich-quick” schemes.

We shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential), which may be suffered or incurred by You, arising from or in any way connected with:

  • the selection and Vacancy appointment of an LSP by You,
  • any misrepresentation by an LSP to Us or You,
  • an LSP’s withdrawal to fulfil the Vacancy before the agreed start date.

For the avoidance of doubt, nothing in these Terms seeks to limit or exclude Our liability for (i) fraudulent misrepresentation, (ii) fraud or other criminal act, (iii) personal injury or death caused by the negligence of Our employees in connection with the performance of their duties hereunder or by defects in any Service supplied pursuant to these Terms, or (iv) any other liability that cannot be excluded by law.

Except for any liability that cannot be limited or excluded by law, Our maximum aggregate liability to You for any cause whatsoever shall be for direct costs and damages only. Such liability will be limited to a sum equivalent to 125% of the Fees paid and payable by You to Us in respect of the Service that is the subject of Your claim.

We may refuse to provide the Service or remove Your account at any time without reason.

We may contact You from time to time in order to evaluate the service You receive. If You do not wish to be contacted by Us for this purpose, please notify Us.

General

Clauses 1, 5, 6, 8, 9, 10, 11 and 12 shall survive termination of the Contract and continue in full force and effect after such termination.

If any provision of these Terms is adjudged by a court of competent jurisdiction to be invalid, void, or unenforceable, the Parties agree that the remaining provisions of these Terms shall remain valid and enforceable.

You may not assign Your rights or obligations under these Terms without Our prior written consent. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

Neither party is responsible for failure to fulfil its obligations hereunder due to causes beyond its reasonable control that directly or indirectly delay or prevent its timely performance.

All notices made pursuant to these Terms must be made in writing. Notices sent to You from Us shall be sent to the email address registered by You to the Platform. Notices sent to Us from You shall be sent via email to info@lingoing.com

Applicable Law

Each party hereby irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any disputes of whatever nature arising out of or relating to these Terms.

These Terms shall be governed by English law.