Terms & Conditions

Terms of Service

Changes to These Terms. We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you advance notice of any material revisions. This notice will be provided via an email to the email address we have on file. For other revisions, we will update the effective date of these Terms at the top of the page. Your continued access or use of our Services constitutes your acceptance of any revisions. 

Usage of Services. Customer represents that language services will be used for its own internal purposes. Prohibited uses include: transmission of messages or other material which constitute an infringement of copyrights or trademarks, unauthorized disclosure of trade secrets, any criminal prohibitions regarding the use of telephones to transmit obscene threatening or harassing messages, a libelous or slanderous statement; or a violation of any applicable statute or state law or regulation. Customer agrees to defend and indemnify GLOBO and its affiliates and to hold them harmless from any claim or action whatsoever arising from the use of any language services and support in any form and manner prohibited by this section. 

Services Rendered. For purposes of acquiring intake information, as might be requested by the customer, GLOBO will use commercially reasonable efforts, and generally recognized industry standards for similar practices, to obtain the information that has been requested by Customer. GLOBO is not responsible for ensuring that the information provided to it in this process is accurate and complete, nor does GLOBO make any representations as to accuracy or completeness of the information. Missing, incomplete or incorrect intake or end user data is not a reason to deny payment for services provided by GLOBO. Moreover, the Customer, and not GLOBO, is responsible for any unauthorized usage, or unauthorized attempts to use the services provided pursuant to this contract, including all charges resulting from such unauthorized use. 

Confidentiality. GLOBO shall take appropriate action to ensure confidentiality of Customer’s confidential information and to treat it with the same degree of care that it uses to protect its own confidential information of like kind and value, but in no case less than a commercially reasonable degree of care. 

GLOBO agrees to maintain the Confidential Information of the Customer in strict confidence and to use it only for the purpose and to the extent necessary for the performance of any of its obligations under the Agreement. Notwithstanding the foregoing, GLOBO may do any or all of the following:

(i) make available Confidential Information to those Representatives of GLOBO who need to know such information for purposes of the implementation of this Agreement; 

(ii) make available Confidential Information to a third party for the purpose and to the extent necessary for the performance of its obligations under the Agreement, to the extent necessary to permit a third party to perform legal, accounting, or audit services for 

GLOBO, and to the extent necessary to permit a third party to assist GLOBO in assessing its business operations, provided that each such third party is subject to confidentiality obligations at least as stringent as those applicable to GLOBO hereunder; 

(iii) make disclosures as required (i) where requested under proper authority or required by any court of competent jurisdiction or any competent judicial, governmental, 

supervisory or regulatory body, or (ii) where required by legal processes or applicable laws or regulation, provided that reasonable measures are taken to limit such disclosures and to obtain confidential treatment or a protective order and the GLOBO notifies Customer reasonably in advance and allows the Customer to participate in such efforts; and/or 

(iv) disclose Confidential Information with the express prior written consent of Customer. 

Customer shall take appropriate action to ensure confidentiality of GLOBO’s confidential information and/or proprietary software, including GLOBOr’s proprietary platform, GLOBO HQ, to which the Customer may have access and to treat it with the same degree of care that it uses to protect its own confidential information of like kind and value, but in no case less than a commercially reasonable degree of care. Customer agrees to maintain the Confidential Information of the GLOBO in strict confidence and use it only for the purpose and to the extent necessary under the terms of this Agreement. 

De-Identified Data.. Customer agrees that GLOBO may retain and use Customer data and data from any other sources, including data derived from Personal Information, Protected Health Information and Confidential Information for the purposes of quality control and review, service improvement, research, development of new or related products and services, analytics, publications, and presentations, provided that any Customer data is de-identified prior to use for any purpose other than provision of Services to Customer. Protected Health Information will be de-identified consistent with 45 C.F.R. §164.514(b). Any other customer data will be de-identified in a manner that will prevent re-identification of data. 

Call Recording. GLOBO records the interpretation sessions for the purposes of quality control and review, service improvement, research, development of new or related products and services and analytics.

Exclusive Remedy and Limitation Liability. For the purposes of the exclusive remedy and limitations of liability set forth in this section, GLOBO shall be deemed to include GLOBO, its affiliates and respective successors, and the directors, officers, employees, agents, subcontractors, representatives, suppliers and interpreters and translators (who may be employees or independent contractors) of GLOBO and damages refer collectively to all injury, damage, loss or expense incurred. The charges for services provided by GLOBO are established and relied on the exclusive remedy and limitations of liability set forth in this section. Customer acknowledges that it elects to accept charges calculated on this basis, and agrees that this allocation of risk of liability is fair, reasonable and not unconscionable. Customer understands and acknowledges that the charges for interpreter and translation services are unrelated to the value of the Customer business or the potential for indirect, incidental, consequential and special damages or any other damage in excess of those allowed by this section. Customer retains the right to purchase insurance to cover any additional cost or liability. In accordance with the understandings set forth above, the parties agree as follows: (i) GLOBO’s entire liability and Customer’s exclusive remedy for damages caused by defect or failure of interpreter and translation services, or arising from the performance or nonperformance of any services under this agreement, regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be limited to a credit or refund of the charges for the service which gave rise to the claim; and (ii) GLOBO shall not be liable for any indirect, incidental, special or consequential damages, or for lost profits, savings or revenues of any kind, whether or not GLOBO had knowledge, actual or constructive, that such damages might be incurred. This subsection shall survive failure of an exclusive remedy. 

Indemnity. Each party shall indemnify, defend, and hold harmless the other party, its owners, directors, officers, employees representatives, agents successors and assignees from and against any and all losses, damages, costs and expenses, including reasonable attorney’s fees resulting from, arising out of or incident to any suit, claim or demand based upon any negligence or fault of the other party related to or arising out of (i) the performance of this Agreement, (ii) either party’s breach of the covenants, representations and warranties made by it herein, (iii) the manufacture, advertisement, promotion, sale or distribution of any items by either party, (iv) any taxes and from any duties levies, tariffs or like fees that may be imposed by any government or collective authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by either party, or (v) any claim that any element of the deliverable infringes any copyright, trademark, patent or proprietary right. 

Force Majeure. Neither GLOBO, its affiliates nor their respective successors shall be liable in any way for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause beyond GLOBO’s reasonable control, including but not limited to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, product or transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, technology failures, or any cause beyond GLOBO’s control.

Notices. All notices required or permitted under this Agreement shall be in writing and either delivered in person, or sent via United States mail, postage prepaid. Notices mailed to GLOBO shall be sent to: 

Attn: Office of General Counsel 

GLOBO Language Solutions, LLC 

Two Logan 

100 N. 18th Street, Suite 300 #3465 

Philadelphia, PA 19103 

or to such other address as GLOBO may specify in writing. Notices to Customer shall be sent to the address shown herein or to such address designated by Customer. Notices are deemed given upon delivery. 

Assignment. Neither this Agreement nor any rights or duties hereunder may be assigned or delegated by Customer, or by GLOBO (other than as provided herein) without the prior written consent of the other party. Such consent shall not be unreasonably withheld. Any assignment or delegation in violation of this Section shall be void. Notwithstanding the foregoing, GLOBO reserves the right to assign this Agreement, or any rights or duties under this Agreement, to any affiliate or successor company and also reserves the right to assign its right to payment, without limitation. 

Non-Interference; Non-Solicitation. During this Agreement, and for a period of two (2) years immediately following this Agreement’s termination, GLOBO shall not solicit or induce any employee or independent contractor of Customer to enter into any employment, contractual or other relationship with GLOBO. Customer shall not solicit or induce any employee or independent contractor of GLOBO to enter into any employment, contractual or other relationship with Customer. Notwithstanding the provisions of the Choice of Law section of this Agreement, both parties shall have the right to enforce the terms of this provision in any appropriate court of law or equity. 

Supplement, Modification or Waiver. Other than as specifically authorized by the terms of this Agreement, any supplement, modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. 

Waiver and Failure to Exercise Rights. The waiver by either party of any material breach of this Agreement shall not operate as a waiver of subsequent material breaches of the same or different kind. The failure of either party to exercise any rights under this Agreement in a particular instance shall not operate as a waiver of the party’s right to exercise the same or different rights in other instances.

Survival of Obligations. The obligations of the parties under this Agreement, which by their nature would continue beyond the termination or cancellation of this Agreement shall survive such termination or cancellation. 

No Third Party Beneficiaries. Neither this Agreement nor the provision of interpreter services shall be construed to create any duty or obligation on the part of GLOBO to any third parties, including, without limitation, any persons participating in or the subject of conversations for which interpreter services are provided. This Agreement does not provide any third party with any right, privilege, remedy, claim or cause of action against GLOBO, its affiliates or their respective successors. 

Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect. However, if such provision is an essential element of the Agreement, the parties shall promptly negotiate a replacement. 

Choice of Law and Venue. The parties agree that this Agreement shall be deemed to have been made and entered into in Montgomery County, Pennsylvania and that the Law of the Commonwealth of Pennsylvania shall govern this Agreement, without regard to conflict of laws principles. Jurisdiction and venue is exclusively limited in any proceeding by Company or an Affiliate to enforce their rights hereunder to any court or arbitrator geographically located in Montgomery County, Pennsylvania. If it is judicially determined that either party may file an action, suit or judicial proceeding in federal court, such action, suit or judicial proceeding shall be in¹ the Federal District Court for the Eastern District of Pennsylvania.

Effective January 17, 2024