Terms of Service
1. Your relationship with Brisbane Translation
Brisbane Translation is operated by Language Masters Pty Ltd. Your use of our services and web site (referred to collectively as the “Services” on this document) is subject to the terms of a legal agreement between you and Brisbane Translation. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Brisbane Translation, your agreement with Brisbane Translation will always include, at a minimum, the terms and conditions set out on this document. It is important that you take the time to read this carefully. Collectively, this legal agreement is referred to below as the “Terms”.
In order to use our Services, you must first agree to the Terms. You may not use our Services if you do not accept the Terms.
You can accept the Terms by actually using the Services. In this case, you understand and agree that Brisbane Translation will treat your use of the Services as acceptance of the Terms from that point onwards.
2. Exclusion of Warranties
2.1 Nothing in these terms, shall exclude or limit Brisbane Translation’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
2.2 You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided “as is” and “as available.”
2.3 In particular, Brisbane Translation, its subsidiaries and affiliates do not represent or warrant to you that:
(a) your use of the Services will meet your requirements,
(b) your use of the Services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the Services will be accurate or reliable
2.4 No advice or information, whether oral or written, obtained by you from Brisbane Translation or through or from the Services shall create any warranty not expressly stated in the terms.
2.5 Brisbane Translation further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
3. Responsibility and Limitation Of Liability
3.1 The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry.
3.2 Brisbane Translation shall use all reasonable skill and care in selecting translators, interpreters and other personnel used to produce the Translated Works and perform the Services.
3.3 Brisbane Translation shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of Brisbane Translation prior to, during or after delivery, whether orally or in writing, and you shall not be entitled to cancellations, claims or refunds on the grounds of any such misrepresentation.
3.4 Brisbane Translation does not warrant that the Translated Works will meet your specific requirements and, unless otherwise agreed, we do not warrant that the operation of any Translated Works sent to you will be uninterrupted or error free. Furthermore, Brisbane Translation does not warrant that or make any representation regarding the use of the Translated Works in terms of their accuracy, correctness, reliability or otherwise.
3.5 You acknowledge that any Original Works and Translated Works submitted by and to you over the Internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that we have no liability for the loss, corruption or interception of any Original Works or Translated Works.
3.6 Save in respect of death or personal injury resulting from our negligence and subject to clause 3.7, our liability to you in respect of the provision of the Services and / or the Translated Works shall be limited as follows: We shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever. Our entire liability to you under any Contract or Agreement, including but not limited to in respect of the Services and the Translated Works, shall not exceed 20% of the amount equivalent to the quoted fees respective to any project.
3.7 You must notify Brisbane Translation by email within 30 days of delivery of the Translated Works of any claim arising out of the provision of the Services and /or the Translated Works, together with full details of such Claim. In any event, we shall not be liable to you if you fail to notify Brisbane Translation by email of any Claim within a reasonable time of delivery of the Translated Works.
3.8 You must notify Brisbane Translation by email within 30 days of delivery of the Translated Works of any alleged inaccuracies in the Translated Works, at which point our liability will be no more than to rectify any such alleged inaccuracies, that we feel to be justified, to our satisfaction. At no time will such allegations be grounds for delayed payment.
3.9 Brisbane Translation shall not be held responsible for keeping copies of any Translated Work beyond 60 days of delivery and you acknowledge that any retrieval of past Translated Work after a significant time represents a considerable increase in workload.
4. Refunds Policy
4.1 Should you, following payment and pending the delivery of the contracted work, request for cancellation, Brisbane Translation will exercise its right to receive full payment of the quoted sum. In this event, Brisbane Translation also exercises its right to not provide partially complete or incomplete delivery of any Translation Work and further Services.
5. Delivery Policy
5.1 Delivery of translation services will be provided by email.
5.2 If certified translation is required, we will post the documents to an Australian address using regular postage if there is an confirmed address provided, unless specified otherwise in email correspondence before payment.
5.3 Brisbane Translation does not guarantee the postage services provided by Australia Post or any other mail provider in the delivery of hard copy of document translations.
5.4 Brisbane Translation does not provide or assume responsibility for investigating failed delivery by Australia Post or any other mail provider. With your use of the Services, you accept that any re-post of translations will incur additional postage and handling costs for the client, as decided by Brisbane Translation, and is subject to delays.
5.5 With your use of the Services, you accept that the translator(s) makes the final decision for any changes requested with regards to translations delivered.
5.6 With your use of the Services, you accept that all changes requested for translation must be communicated clearly in writing via email for consideration, and for further delivery if changes are made to the translations.
5.7 With your use of the Services, you accept extract translation may be provided if determined appropriate by the translator for the delivery of certified translation of standard documents or bank statements.
5.8 With your use of the Services, you accept that the document original submitted for translation may not be changed once payment has been made. Any further document submission will be quoted separately.
5.9 With your use of the Services, you accept that the translator cannot be coerced or forced to correct any perceived / known ‘errors’ or ‘mistakes’ on the document for translation, using translation.
5.10 With your use of the Services, you accept that the translator will consider, but cannot be coerced or forced to accept preferred or official spelling of names if it does not match the source document, for the names derived from languages such as Thai, Hindi, Punjabi, Urdu, Farsi, Greek, Russian and Ukrainian.
5.11 With your use of the Services, you acknowledge and accept that the translator may not necessarily be based in Brisbane, Australia, and that is not a requirement for the delivery of translation.
5.12 With your use of the Services, you accept that the translator is not responsible for providing currency conversion, interpretation, explanation or reference notes, in addition to the actual translation provided.
6. Confidentiality
All knowledge and information expressly identified by you in writing as confidential which Brisbane Translation acquires shall be maintained in confidentiality by Brisbane Translation and used only for the purposes of providing the Services. Unless expressly authorized by you in writing, these knowledge and information shall not be published by Brisbane Translation and shall not be authorized by Brisbane Translation to be published by others.
