TERMS AND CONDITIONS

The following terms and conditions constitute the agreement between Ana Karen Martin Mora, who commercially, for purposes of the provision of its services, and hereinafter referred to as KM Legal & Traducciones, and the person who requests, accepts a quote, and / or a service is provided, hereinafter the Client, in its own right or on behalf of the contracting entity, having the legal powers to do so.

Acceptance of the Terms and Conditions.

By accessing the website, applications, social networks, hereinafter the Site, or hire by any means, either verbally or in writing our services, hereinafter and jointly the Services, the Client adheres to these terms and conditions, which are mandatory, so that, if you do not agree with them, you should refrain from accessing the Site and use the Services.    

Conditions of use of the Services.

Ø Be of legal age;

Ø To be legally able and capable;

Ø Provide truthful, complete, accurate and current information;

Ø Know and accept the Privacy Notice of KM Legal & Traducciones Personal Data.

Ø Be the owner or have authorization from the owner to share documents and information for the Services.

Ø Know and accept these Terms and Conditions.

Privacy of Personal Data.

KM Legal & Traducciones will treat Customer’s personal data in accordance with its Privacy Notice.

Services.

The Services offered by KM Legal & Traducciones are but not limited to the following:

a) Translation;

b) Expert translation;

c) Court evidence in person in Court;

d) Interpretation.

e) Legal Services.

Translation and expert translation services.

To access the services described in subparagraphs a) and b) of the immediately preceding paragraph, the Customer must send a quote request to the email indicated on the Site or by the means of contact with KM Legal & Traducciones which must contain, in PDF or JPG format, the documents to be translated in the highest possible resolution, so that the text, stamps, signatures and other marks that may contain can be clearly distinguished. If a clear image is not sent, text that cannot be read will be indicated in the translation as “illegible”.

For this service, and for the purpose of counting the word count of a document to be translated, the following will be counted: words, numbers, graphics, tables, shields, signatures, logos, stamps and handwritten annotations, and everything that is not expressly excluded in the quotation.

In response to the request, KM Legal & Traducciones will send via email, or if applicable the electronic and written communication channel authorized by you, a quote detailing price, time and place of delivery, as well as any specific conditions of the Service.   

The price of the translation service shall at no time include: editorial design, document layout, image editing or conversion to formats other than: WORD, EXCEL, POWER POINT or PDF, or any other service in addition to what is expressly described in the quotation. 

Translations are done based on the original text of the document. No exchange rate adaptations, grade equivalencies, or any other, are made, and they will be delivered in the same program or file extension in which they were received, unless otherwise agreed with the Client.

In case the Client has any special requirement in format or content for obtaining the Service, such as: adding a separate affidavit, certification, or affidavit, among others must be indicated at the time of requesting the Service, otherwise, a separate quote containing such requirement must be made.

KM Legal & Traducciones reserves the right to quote and perform partial translations of a document, unless the reason is expressly stated and expressly accepted by KM Legal & Traducciones in the quotation, in which case a note with the same reason shall be placed in the document to be delivered.

Likewise, in the event that a partial translation of a document is requested, this will be per full page, so no specific data will be modified or omitted.

KM Legal & Traducciones does not accept documents or translations prepared by third parties for stamp/expert certification, since it is not possible to certify a document not translated by KM Legal & Traducciones and its collaborators.

In accordance with the legislation on the subject, the translation performed by KM Legal & Traducciones does not authenticate, validate, approve, or certify in whole or in part the content of the document submitted for translation, nor does it grant any validity to it. The service is limited to the translation and certification of such translation only.

Quotations will be made taking into consideration the number of words, pages and format of the source documents. Translations will be quoted according to several criteria, among them:

a) The length of the document to be translated;

b) The deadline requested by the Client;

c) The deadline for payment;

d) Request to add a separate affidavit, certification, or affidavit; and

e) The need to go before public officials to ratify signatures or any other requirement.

f) Number of physical copies, in the case of certified translations.

g) If applicable, the format for the delivery requested by the Client, subject to the provisions of this section;

In order to access the Service, the Client must make the payment detailed in the quotation, either as an advance payment or total payment, and send the required documentation and information during the term of the quotation for the quoted Service. In case the Client does not make the payment and does not send the documentation and information requested by KM Legal & Traducciones during the term of the quotation, the quotation will expire and KM Legal & Traducciones will delete the files or documents received to prepare such quotation. In case of authorizing the work or requiring a new quotation, the files must be sent again and shall be as indicated in such quotation.

The term indicated for the delivery time shall begin to be counted on the next business day after the payment of the advance payment, except in the case of urgent translations, which shall have a different term.

Service for the presentation of evidence in court.

To access this service, the Client must send a quotation request to the e-mail: karen.martin@kmlegal.mx, which must contain: details, date, time and place of the hearing or proceeding.  KM Legal & Traducciones will send a quote that will include price and specific conditions of the Service, as well as validity.

The service of in-person trial does not include the transfer of KM Legal & Traducciones staff, therefore, any payment for travel and other travel expenses must be covered directly by the Client, or reimbursed to KM Legal & Traducciones no later than the next calendar day of the expenditure.

Interpretation Service.

To make use of interpretation services, the Customer must send a quote request to the email: karen.martin@kmlegal.mx, which must contain: details, date, time, and place of the Service. KM Legal & Traducciones will send a quote including price and specific conditions, as well as validity.

In order to quote the service it will be necessary to indicate:

a) The number of persons requiring the interpretation service;

b) Location, date and duration (in days and hours) of the service;

c) Number of languages (in addition to Spanish) required;

d) Other details of the event or activities involving the participation of interpreters;

e) Whether the Client has its own audio equipment for the Service or requires it;

f) The number of interpreters required (which may be different from the number considered, according to the interpreters’ considerations).

In order to access the Service, the Client must make the payment described in the quotation and send the required documentation and information during the term of the quotation of the quoted Service. In case the Client does not make the payment and does not send the documentation and information requested by KM Legal & Traducciones during the term of the quotation, the quotation shall expire and KM Legal & Traducciones may, at its sole discretion, respect the conditions of such quotation or make a new one.

Acceptance of Services.

The Services shall be deemed accepted by Customer upon the occurrence of the following circumstances:

1. The Customer makes the payment detailed in the quotation either by way of advance or full payment and send your proof of payment to KM Legal & Traducciones;

2. The Customer sends part or all of the documentation and information required by KM Legal & Traducciones.

In case the Client does not send the express acceptance, does not make the payment of the advance or the Service or does not send the documentation and information requested by KM Legal & Traducciones during the term of the quotation, the quotation shall expire and KM Legal & Traducciones shall delete the files or documents received to prepare such quotation. In case of authorizing the work or requiring a new quotation, the files must be sent again and shall be as indicated in such new quotation.

Documents and files.

KM Legal & Traducciones is not obliged to keep the printed or electronic translations made, as well as any other document resulting from the provision of the Services. Printed translations shall be retained, at KM Legal & Traducciones’s discretion, only for 30 (thirty) calendar days from the date of digital delivery. If after that time they are not collected or shipping is not requested, upon payment of the corresponding shipping, they will be immediately destroyed. The above in order to avoid risks to your information.

Electronic files, at the discretion of KM Legal & Traducciones, will be retained for a maximum of 30 (thirty) calendar days from the physical or digital delivery, whichever comes first. After that time, they will be deleted.  If the Customer requires a reprint of their translations, or any Service, you must send an email where expressly request and authorize KM Legal & Traducciones to retain the files, provided that the Customer pays the price for such reprint as indicated by KM Legal & Traducciones in the corresponding quote.

When the Customer requires any reprint of the Services, shall make payment for the Service again with the price and delivery time updated by KM Legal & Traducciones.

In the event that the Customer requires additional copies of the translation, after the deadlines previously indicated, KM Legal & Traducciones will quote the transcription or translation of the documents again, for not having them.

Access to Services and use of the Site.

KM Legal & Traducciones and/or its content providers grant non-exclusive, non-transferable and non-sublicensable access and use of the Services and the Site solely to access KM Legal & Traducciones’s Services, i.e., at no time any right of resale or commercial use of KM Legal & Traducciones’s Services is granted, nor of the documentation accessed for these purposes, so no right is granted to compile or use the information or documentation contained or used for the provision of the Services for any purpose, commercial or otherwise, either personally or for third parties, including but not limited to:

(a) Any database or list of suppliers, customers, employees, or service providers of KM Legal & Traducciones;

b) Information relating to the Services offered by KM Legal & Traducciones, description and price thereof, content and other information contained or acquired by any means through the Services; nor is any right granted to make any use derived from the Services or their contents for commercial purposes;

c) Downloading or copying information belonging to KM Legal & Traducciones for your own benefit or for the benefit of any third party, whether individual or company; nor the use of tools or robots for search and data mining or similar. KM Legal & Traducciones and its licensors, suppliers, publishers, rights holders or other content providers reserve any right even if not expressly provided in these Terms and Conditions.

d) Reproduce, duplicate, copy, sell, resell or exploit KM Legal & Traducciones’s Services or products in whole or in any part thereof without the prior written permission of anyone legally representing KM Legal & Traducciones and having the authority to do so; nor may you place or use placement techniques to introduce any trademark, logo or other copyrighted or proprietary information (including images, text, page layouts, formats and any content) of KM Legal & Traducciones without our prior written consent.

e) The use of meta tags, or any other “hidden text” using KM Legal & Traducciones’s names or trademarks is not permitted without our prior written consent. It is only permitted to use the Site and KM Legal & Traducciones’s Services in a lawful manner and in accordance with the provisions herein, so that any breach or contrary use will result in immediate termination of access and use of the Services in terms of this paragraph, without prejudice to any legal action that KM Legal & Traducciones may take, as well as payment of damages arising therefrom.

f) It is expressly prohibited to generate direct access links or hyperlinks to the Site without the express authorization of KM Legal & Traducciones.

Advanced Payments.

When the Customer accepts KM Legal & Traducciones’s quotation, he must send all required documentation and information together with the payment of the advance payment within the term of the quotation received, in order to be respected the terms and conditions agreed in the quotation. The payment and sending of documentation must be made in accordance with the present terms as well as those indicated in the corresponding quotation.

In case the Client does not make the payment and does not send the documentation and information requested by KM Legal & Traducciones during the term of the quotation, the quotation shall expire and KM Legal & Traducciones shall delete the files or documents received to prepare such quotation. In case of authorizing the work or requiring a new quotation, the files must be sent again and shall be as indicated in such new quotation.

 

Upon receipt of the advance payment described in the corresponding quotation, as well as the documentation and information requested, the Service is considered as confirmed and approved, in accordance with the provisions of the “Acceptance of Services” section of this document.

Costs.

The cost of the Services shall be as detailed in the quotation submitted and shall remain in effect only during the term of such quotation.

Terms of Payment.

The terms of payment for the Services provided by KM Legal & Traducciones shall be as described in the quotations made in particular for each Service.

Methods of payment.

KM Legal & Traducciones will communicate in a timely manner in its quotation the payment methods offered and allowed. In the case of payments from abroad, they may be made through the Wise platform and your information shall be subject to the Terms and Conditions and Privacy Notice of that site.

Invoicing and Taxes.

The prices include taxes; in case of requiring invoice, this must be requested during the month in which the total payment of the service was made and at the latest 2 (two) working days before the end of the month to the e-mail: karen.martin@kmlegal.mx.

Days and hours of service.

KM Legal & Traducciones shall attend the quotation requests and the performance of the Services on business days, i.e., Monday through Friday, and from 9 am to 6 pm. Any exception to this will be at the sole discretion of KM Legal & Traducciones in each particular case.

Delivery.

The delivery of the Translation Services may be, at the option of the Customer and upon notice in the request for quotation to be confirmed by KM Legal & Traducciones, the following:

a) Delivery of printed document containing original stamps and signatures, and other data that meet the requirements for certification of translations.

b) Delivery in digital version. It must be indicated in the Service request and confirmed by KM Legal & Traducciones in the quotation.   

When the delivery of the Services must be made physically, the Customer must go to the address indicated by KM Legal & Traducciones, on the day and time indicated for it in the quotation, or the Customer may request in writing to KM Legal & Traducciones the delivery by courier, being at all times the Customer responsible for the payment of shipping costs.

Any subsequent request in the form of delivery of the Services will be cause for a quotation and update of the price and delivery date.

 

Urgent Work.

All work considered urgent, and that is requested in advance to the ordinary delivery times of KM Legal & Traducciones, will generate a percentage in the additional price of 30% to 100%, which will be indicated in the corresponding quotation.

Travel Expenses.

In the event that the Service must be delivered or provided in person, outside Mexico City and its metropolitan area, the Client shall make in addition to the payment of transportation and transfer of KM Legal & Traducciones staff, the payment of the corresponding per diem for food and lodging.

If the Customer requests that travel expenses are covered by KM Legal & Traducciones, these will be included in the quote for the Service, provided that the Customer’s request is made at least 7 (seven) business days prior to the start of the Service.

Confidentiality.

All documents and files received by KM Legal & Traducciones will be treated confidentially in accordance with applicable law and these Terms and Conditions, as well as the provisions of the Privacy Notice.   

KM Legal & Traducciones does not guarantee the confidentiality of documents sent by instant messaging applications, email, national or international parcels, or any other means that could be corrupted. In this regard, we recommend sending via email. 

Cancellation and modification to the Services.

Once the deposit has been paid, the services may not be cancelled or refunded. Any request for cancellation after that date, does not cancel or invalidate the Customer’s obligation to make full payment for the Service, and KM Legal & Traducciones may, at its sole discretion, deliver the advance that has been prepared to that date, and always upon receipt of payment.

When the Customer requests a modification or addition to the contracted Services, after having accepted them, KM Legal & Traducciones will send an update of the quote with the new prices and delivery date; if the Customer does not agree with the changes in the quote, the Service shall be canceled in terms of the provisions of the preceding paragraph, and the Customer is obliged to make payment for the Services initially quoted and accepted.

Once the advance payment has been made, it shall not be refunded for any reason whatsoever.

Cancellations of the Interpretation Service shall only be valid when informed in writing at least 8 (eight) working days prior to the commencement of the Service. In case the notification is received between 5 (five) and 8 (eight) business days prior to the start of the Service, a penalty of 50% of the total amount quoted will be charged. Any cancellation made within 5 (five) business days prior to the start of the event will be charged 100% of the total amount quoted.

Account, username, and password.

In some cases and to access certain Services provided through applications, software, or any other means that make up the Site and are owned by KM Legal & Traducciones, you will be asked to create an account consisting of a username and password.  The access data to the account will be at all times the responsibility of the user, therefore, confidentiality must be safeguarded and it is recommended to take all necessary measures to protect it, since any activity performed from the account will be the responsibility of the user, who will be liable for unauthorized purchases, unlawful conduct, as well as damages that the use or misuse generate KM Legal & Traducciones and third parties.

It is the responsibility of the user to provide complete and reliable information for the creation of the account, as well as to keep such information updated, otherwise, the Services will cease immediately without refund for the payment made and without liability for KM Legal & Traducciones.  The updating of account information may be done through the account access section within the Site. 

KM Legal & Traducciones reserves the right to terminate accounts, remove or edit content, and cancel purchase orders or services in case of violation of KM Legal & Traducciones’s policies, these Terms and Conditions, as well as the particular conditions of use of each Service and Site, upon suspicion or certainty of misuse of an account, the commission of a crime or any conduct that damages the reputation of KM Legal & Traducciones, or the customer experience.

User and Guest Generated Content.

All opinions, comments, feedback, suggestions, and information generated by users and guests within the Site, or any of KM Legal & Traducciones’s social networks, shall be considered non-confidential and non-private content, and it is understood that it is not reserved or subject to copyright, and shall be the sole and exclusive responsibility of the issuer.

KM Legal & Traducciones reserves the right to block or remove, in whole or in part, any content that violates or contravenes these Terms and Conditions (including materials that infringe or may infringe intellectual property rights of others), which are unlawful, offensive, contain implicit or explicit violence, or violate morality.

KM Legal & Traducciones reserves the right to remove or modify any content submitted or posted by its users or members at any time.

As a user, by posting or submitting any content, or submitting any material for publication, unless otherwise expressly stated, you grant KM Legal & Traducciones a non-exclusive, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, exploit, distribute and display its content throughout the world in any media. The ability to use the KM Legal & Traducciones Site and its Services is the sole compensation for the rights you grant us for the content and materials you submit or post. You also grant KM Legal & Traducciones the right to use the name provided by you in connection with such content. As a user you represent and warrant that you own or have the full right to all content you may post, that the content you provide is accurate, that the use of such content will not violate any of the provisions of these Terms and Conditions, or the particular conditions of use of the Services, nor will it harm any third party, and that otherwise you will hold KM Legal & Traducciones harmless and pay any damages and compensation arising from any claim in connection with the content you provide or post. KM Legal & Traducciones has the right but not the obligation to monitor and edit or remove any activity or content, however, at no time assumes any responsibility for any content posted by users or any third party.

KM Legal & Traducciones Applications.

To use some KM Legal & Traducciones Services that are available via application or software, you must grant certain permissions, which will be described in the respective application as specific conditions of use, also linked to these Terms and Conditions, and that you must accept in order to make any use of them.

You may use the KM Legal & Traducciones Site consisting of software and applications solely to use and enjoy the Services offered therein, and to the extent permitted by the particular conditions of use and these Terms and Conditions. You may not incorporate any portion of KM Legal & Traducciones’s software into your own programs or compile any portion of it in combination with your own programs, transfer it for use in another service, or sell, rent, lease, loan, lease, license, distribute or sublicense the software, or assign any rights in whole or in part. You may not use KM Legal & Traducciones software for any unlawful purpose.

All software used in any KM Legal & Traducciones Service is owned by you or your suppliers, and is protected by national intellectual property laws and other applicable laws in the United Mexican States. It is prohibited to reverse engineer, encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with KM Legal & Traducciones’s software.

The rights to use KM Legal & Traducciones’s software shall terminate automatically without notice from us in the event of any breach of the provisions hereof, as well as the particular conditions of use, without prejudice to any legal action KM Legal & Traducciones may exercise, as well as the claim for damages that may apply.

Site Updates.

In order to keep the KM Legal & Traducciones Site up to date, we may periodically make updates either automatically or manually, at any time and without prior notice.

Sending advertising and promotions.

By contracting any KM Legal & Traducciones Service, sending your data by email, through the Site, or any other means, you agree to receive communications related to advertising, promotions and offers from KM Legal & Traducciones. These may be sent via email, text message, automatic notifications, and / or through messages placed on the Site, and shall at all times comply with current legislation. You may unsubscribe through the means provided in such communications at any time and as set forth in our Privacy Notice.

 

Illustrative images.

The images published on the Site are images for illustrative purposes.

Intellectual Property.

KM Legal & Traducciones has a variety of trademarks to identify and market the Services. In addition, graphics, logos, page headers, button icons, scripts and names that are included in or available through any of KM Legal & Traducciones’s Services are trademarks and/or trade dress of KM Legal & Traducciones. Therefore, they may not be used or reproduced by third parties without the express written permission of whoever has legitimate ownership and legal representation of KM Legal & Traducciones. It is also prohibited to use or reproduce them in any way that is likely to cause confusion among users or consumers of KM Legal & Traducciones. All other trademarks, logos, trade names, and other distinctive signs, works, or any other that are not owned by KM Legal & Traducciones, but are included or are available through the Site or any of the Services, belong to their respective owners, who may or may not be affiliated or related in any way with KM Legal & Traducciones.

Intellectual property claims.

KM Legal & Traducciones respects and encourages the protection of intellectual property rights. If you believe that an infringement of your intellectual property rights, or the rights of a third party has been committed through the publication of any content, the marketing of any product or the provision of any service within the Site, please be informed immediately by email to the following address: karen.martin@kmlegal.mx

Use of Cookies.

The Site may use a tracking system through the use of cookies, which are files that help us to customize services by knowing the interests and better understand the needs of users, and thus, we can provide a better service and provide related information.

We may also use the information obtained through cookies to analyze pages browsed, searches performed, improve the Site’s commercial and promotional initiatives, customize, and enhance the Content offering, as well as to promote and enforce compliance and security.

Disclaimer of warranties and limitation of liability.

KM Legal & Traducciones does not warrant that the translation will serve any specific purpose to the Customer.

We do not accept translations previously done by another person (professional translator or not) that only require the expert stamp/certification. And in case of sending them, no fee reduction will be made nor the use of that text in the translation is guaranteed.

KM Legal & Traducciones reserves the right to quote or provide the Services when the Services are required to be provided in person.

Third Party Sites.

There may be hyperlinks or links within the Site that take you to third party sites. You are responsible for accessing any third party sites, as they are governed by their own Terms and Conditions, including policies regarding the use and treatment of personal information.

Indemnification.

The breach of these Terms and Conditions resulting in damages to KM Legal & Traducciones, shall be indemnified by the responsible for such breach.

Termination.

These Terms and Conditions are effective at all times, but the user may terminate them by suspending the use of the Site and Services, provided that no legal, commercial or payment obligations remain. KM Legal & Traducciones may terminate these Terms and Conditions at any time and immediately without notice.

Modification and independence of provisions.

We reserve the right to amend the KM Legal & Traducciones Site, policies, regulations, terms of services, privacy notice and these Terms and Conditions at any time.  Your access to or use of the KM Legal & Traducciones Services shall constitute your acceptance of and agreement to be bound by such changes.  Each of the provisions contained in these Terms and Conditions shall be construed independently of the other clauses, therefore, if any of these conditions is deemed invalid, void, or unenforceable for any reason, such condition shall be deemed independent and shall not affect the validity and enforceability of any of the remaining conditions.

Governing Law.

Any dispute or controversy regarding KM Legal & Traducciones Services, these Terms and Conditions, and any other, shall be governed by the laws, jurisdiction and venue of the Courts of the City of Guadalajara, Jalisco, waiving any other that by reason of their present or future domicile may correspond to them.

General Terms and Conditions.

These Terms and Conditions represent the entire agreement between the user and KM Legal & Traducciones, and supersede all prior agreements and representations. The headings used in these Terms and Conditions are for convenience of reference and location of clauses only, and in no way limit or define the scope of each of the clauses they head. Failure to assert any right or obligation arising from a breach of these Terms and Conditions does not constitute a waiver thereof, and in no way limits KM Legal & Traducciones’s right with respect to a subsequent claim.

Last Updated: March 12, 2023