Standard Terms and Conditions for Translation Services
DEFINITIONS
- "The Language Service Provider" is Barnes, Thompson & Brown, registered in Australia under ABN 85129052571 and ACN 129052571.
- "The Client" refers to the individual or Language Service Provider commissioning the Language Service Provider's services.
- "The Translator" refers to the individual providing a translation in the normal course of business as per the instructions of the Language Service Provider.
- "Translation" means the preparation of a translation or any other translation-related task such as revising, editing or proofreading.
- "Source Material" means the scan, photo, softcopy of the documents, audio file, video file or any other form that needs to be translated, provided by the Client to the Language Service Provider.
- "Target Language" means the language into which the Source Material will be translated.
- "Order" means a confirmed request from the Client to the Language Service Provider to translate the Source Material into the Target Language.
- "Business days" means weekdays, excluding public holidays.
PREAMBLE
Use of this website and services provided to you is governed by these and any operating rules or policies that may be published by the Language Service Provider.
These terms and conditions constitute the entire agreement of the parties and supersede all prior agreements, understandings and negotiations on the subject matter of the Language Service Provider.
DESCRIPTION OF SERVICE
The Language Service Provider provides the Client with a medium to order and purchase services. These services are provided via the Internet and/or as otherwise specified by the Language Service Provider. These services are provided on an “AS IS, AS AVAILABLE” basis. The Language Service Provider makes no guarantee of availability and will not be held responsible for data loss or interruption of service of any kind.
COPYRIGHT IN SOURCE MATERIAL, AND TRANSLATION RIGHTS
The Language Service Provider accepts an order from the Client on the understanding that performance of the translation task will not infringe any third party rights. The Client undertakes to keep the Language Service Provider and the Translator harmless from any claim for infringement of copyright and/or other intellectual property rights in all cases. The Client likewise undertakes to keep the Language Service Provider and the Translator harmless from any legal action, including but not limited to defamation, which may arise as a result of the content of the original source material or its translation.
QUOTES
Upon request of the Client, a fixed-price quotation (including GST if applicable) will be provided by the Language Service Provider via email, and shall be valid for a period of 60 days from the date on the quotation, but may change toearlier if translator availability changes.Different types of quotes may be used depending on the specific circumstances.
The Language Service Provider reserves the right to revise the quote if changes to the Source Text, Target Language, details, scope and instructions for the translation are made by the Client after the initial quote request.
Prices and specifications are subject to change without notice.
All other orders will be invoiced at the prevailing price at the time the translation services are provided. The Language Service Provider reserves the right to withdraw any quotation at any time for any reason provided the Language Service Provider has not accepted a valid purchase order from the Client.
CHARGES AND PAYMENT
Orders from new customers must be 100% prepaid. Upon approval of credit, payment terms will be set at net 7 days from the date of the invoice.
The Client is responsible for all costs incurred by the Language Service Provider for securing bad debts, including collection agencies, bailiff and court costs, and attorney fees. The Language Service Provider reserves the right to withhold services to customers with an overdue balance.
CANCELLATION AND REFUNDS
If a translation task is commissioned and subsequently cancelled, reduced in scope, or frustrated by an act or omission on the part of the Client or any third party, the Client shall pay the full contract sum, unless otherwise agreed in advance.
A refund might be given if the client cancels an order before the Translator has started the translation. The Language Service Providerreserves the right to decide whether a request for refund merits a full or partial refund.
A partial refund will be given if the Client cancels an order after the translation has already been started.
DELIVERY OF THE TRANSLATION
It is the responsibility of the client to provide all required information, spellings, photos or scans of the document needed for the translation, as requested by the Language Service Provider.
The expected turnaround time (in business days) will be stated in the quote, but in the event of delay due to unforeseen circumstances, the Language Service Provider will inform the client regarding the delay.
It is the responsibility of the Client to respond immediately to any request for clarification or confirmation, or any inquiry sent by the Language Service Provider. The Language Service Provider will not be held liable for any delay resulting from delay or lack of response from the Client. Specifically, the Client is responsible for providing a mobile phone number and a working email address, and making sure messages sent by the Language Service Provider via these channels are received and acted on.
Special requests regarding the translation of names or other terms will be considered, but the Language Service Provider does not guarantee that they will be implemented. Any such special requests, including requests for amendments to the translation, will be implemented within the legal framework and the AUSIT code of ethics.
PRIVACY
Full details of the Language Service Provider's Privacy Policy are available on our website.
WARRANTY
The Language Service Provider express no views as to the truth or falsity of any statement made in the translation, and do not guarantee the authenticity of the document from which the translation was made. The scope of advice and service is limited to translations and associated language services. Any information we provide, whether in writing or verbally, is of a general nature only and does not take into account any person's particular objectives, needs or financial situation. No responsibility is taken for persons acting on such information provided to them.
The Language Service Provider give no warranty in relation to the translation other than any warranty that may be implied pursuant to the Trade Practices Act, 1974. The Language Service Provider and their servants, agents and contractors shall not be liable, except pursuant to any such implied warranty, for any damage, loss or injury arising or resulting directly or indirectly from any person's use of or reliance on this translation, whether or not such use or reliance results from information or advice given whether negligently or otherwise.
The Client expressly agrees that use of the service is at the Client's sole risk. The Language Service Provider expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchant ability, fitness for a particular purpose, and non-infringement. The Language Service Provider makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does the Language Service Provider make any warranty as to the results that may be obtained from the use of the service, or as to the accuracy or reliability of any information obtained through the service. The Language Service Provider makes no warranty regarding any goods or services purchased or obtained through the service, or any transactions entered into through the service. No advice or information, whether oral or written, obtained by Client from the Language Service Provider or through the service shall create any warranty not expressly made herein.
GOVERNING LAW
This agreement shall be governed and construed in accordance with the Laws of Australia and shall be subject to the exclusive jurisdiction of the laws applicable in the Queensland Jurisdiction
LATE DELIVERY
The Language Service Providerwill do their best to deliver the Client's translation on time. In case of an unforeseen delay, the Language Service Providerwill advise the Client of the delay as early as possible. Late delivery does, however, not entitle the Client to a cancellation. The refund for any late delivery is set at 10% of the order value.
CHANGE REQUESTS
The Language Service Provider will do their best to deliver a high-quality translation. Should the Client not be satisfied with the work product, then the Client is to advise immediately so that the defects can be rectified by means of amendments. Such change requests and quality concerns do not entitle the Client to a cancellation or a discount.
