Terms and Conditions at Nihao Translations
Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.
There may be additional terms and conditions relating a specific offer. Please make sure you agree with these terms and conditions.
- “Terms and Conditions” is defined as the general business terms and conditions of “the Company” as set out below.
- “The Company” is defined as Synjoy International Pty Limited (a registered company in Australia with ABN 32 607 121 639 and ACN 607 121 639), trading as Nihao Translations. In the below context, reference of “the Company” means Nihao Translations which owns and operates nihaotranslations.com.au.
- “Translate”, “Translated” and “Translation” are defined as rendering information in the Source Language into the Target Language in written form. A “Translator” is defined as a person who translates.
- “Revise”, “Revised” or “Revision” are defined as an examination of a Translation for its suitability for the agreed purpose, comparing the Source Text and Target Texts and taking corrective measures accordingly. A “reviser” is someone who revises.
- “Review” or “Reviewed” is defined as an examination of a Target Text for its suitability for the agreed purpose and respect for the conventions of the domain to which it belongs and taking corrective measures accordingly. A “checker”, “reviewer” or “proofreader” is someone who reviews.
- “Source Text” is defined as any document, material, elements of text, images, photographs, graphics, designs or other forms of data, which is to be Translated. “Source Language” is the language in which the Source Text is written.
- “Source Material” is defined as any documents, material, elements of text, images, photographs, graphics, designs or other forms of data in any format, provided by the Client to the Company, in addition to a Source Text(s).
- “Target Language” is defined as the language into which the Source Text is rendered;
- “Target Text” or “Completed Work” are defined as the result of Translation Services, by which any finalised documents, files, materials and other works Translated, whether or not Revised, Reviewed or quality assured, are produced by the Company for the Client and delivered to the Client in fulfilment of a specified Order.
- “Translation Services” is defined as the act of Translation or any other associated services that the Company provides to the Client with the accepted assumption that Completed Work shall be delivered to the Client in fulfilment of a specified Order.
- “The Client” is defined as a person, company, organisation or statutory/corporate body for whom the Company has agreed to provide Translation Services in accordance with the Terms and Conditions.
- “Purchase Order” is defined as an officially authorised document or equivalent written confirmation generated by the Client, in writing, requesting the Company to perform Translation Services and to deliver Completed Work to the Client.
- “Order” is defined as a confirmed request to the Client from the Company to perform Translation Services for the Client in accordance with the Terms and Conditions. An Order shall only be deemed valid when the Company receives a Purchase Order from the Client, in writing.
- “Business days” means weekdays, excluding Australian public holidays, and Australian Eastern Standard Time is used.
- Upon request of the Client, a fixed-price quotation (including GST if applicable) will be provided by the Company via email, Live Chat or our webpage-based quote and invoice system, and shall be valid for a period of 60 days from the date on the quotation unless an expiry date is given with the quotation. Different types of quotes may be used depending on the specific circumstances, eg. per word or hour based.
- Quotations are not legally binding and are deemed to be for informational purposes only. When an Order from the Client is accepted and confirmed in writing by the Company and the Client has supplied a Purchase Order to the Company, in writing, the Order becomes a legally binding contract to provide Translation Services and delivery of Completed Work by the Company to the Client.
- Any requests for amendments to the Source Text, Source Material, details or instructions of the quotation from the Client, after acceptance of the quotation, confirmed in writing, may, at the discretion of the Company, necessitate a revision of the quotation and include an amended price to the Client. Should such amendments be deemed, at the discretion of the Company, to be significant, then the Company shall reserve the right to make void or alter the quotation in accordance with the Terms and Conditions.
- Any information provided in the Company’s brochures, websites or other published material shall be understood as a general description and for informational purposes only and therefore shall have no legal bearing on the Terms and Conditions or any Order.
- Special requests regarding the translation of names or other terms will be considered, but the Company 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.
ACCEPTANCE OF AN ORDER
- An Order from the Client will be deemed accepted and valid by the Company and therefore legally binding, once the Company has received a Purchase Order or equivalent communication from the Client, in writing, and written confirmation of receipt thereof has been given from an authorised representative from the Company to the Client.
- Temporarily, in lieu of a Purchase Order the Company shall reserve the right to refuse to proceed with an Order to provide Translation Services to the Client unless an authorised Order number has been given by the Client, in writing to the Company.
- Once an Order has been agreed and accepted by both parties, any requests for amendments to the Source Text, Source Material, word count, details or instructions of the Order from the Client, may, at the discretion of the Company, necessitate a revision of the Order and an amended price. Should such amendments be deemed, at the discretion of the Company, to be significant, then the Company shall reserve the right to amend or cancel the Order in accordance with the Terms and Conditions.
- Should any amendments to the Order be deemed by the Company to be significant and subsequently shall hinder the fulfilment of the Order to the Client, then the Company shall reserve the right to cancel the Order in accordance with the Terms and Conditions and the Client shall pay the outstanding amount for Translation Services completed up until this point.
- The Company shall not be bound in accordance with the Terms and Conditions to accept amendments from the Client to the Order once the Order has been accepted but may accept to do so on a discretionary basis.
- The Company shall ensure that Translation Services and Completed Work are carried out using reasonable skill and care in accordance with accepted Australian translation industry standards set by NAATI, and AUSIT Code of Ethics shall be observed.
- The Company shall use all reasonable skill and care in the selection of Translators, Revisers, Reviewers or other human resources used in the performance of its duties and responsibilities to the Client with regards to an Order.
- The Company shall, using all reasonable care and skill, deliver Completed Work to the Client in the requested file format and appropriate style, fulfilling the requirements of the Order, so far as is reasonably practical.
- 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 Company.
- The expected turnaround time (in business days) will be stated in the quote, but in the event of delay due to unforeseen circumstances, the Company will inform the client of the delay, stating the reason for the delay and giving a revised estimated time of delivery.
- It is the responsibility of the Client to respond immediately to any request for clarification or confirmation, or any inquiry sent by the Company. The Company 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 or a working email address, and making sure messages sent by the Company via these channels are received and acted on.
- The Company shall not be liable to the Client for any innocent or negligent misrepresentation by virtue of any statement made on behalf of the Company prior to acceptance of the Order and delivery of the Completed Work, whether orally or in writing. The Client shall not cancel the Order on grounds of any such misrepresentation.
- The Company does not warrant the following:
- any warranty that is not implied pursuant to the Trade Practices Act, 1974.
- that any statement made in the translation is true of false
- that the document from which the translation was made is authentic
- that the Completed Work will meet the specific requirements of the Client
- that the operation or function of Completed Work delivered to the Client will be uninterrupted or error free
- that the Source Text, Source Material or any communication between the Company and the Client will be free from the risk of interception, even if transmitted in encrypted form.
- The Company shall not be liable for the loss, corruption or interception of the Source Text, Source Material or of the Completed Work during transmission.
- Delivery of Completed Work to the Client shall be, by default, via electronic means such as mail, Live chat document share or download link, or if requested in writing by the Client and with the agreement of the Company, by standard mail or express post. In the case of delivery by express post the cost of postage shall be borne entirely by the Client. The Client shall confirm in writing to the Company that Completed Work has been received and the Order has been fulfilled in its entirety by the Company.
- The Client shall bear all costs associated with printing and binding of Completed Work.
- The Company shall, using all reasonable care and skill and as far as is practical, ensure that all detailed instructions from the Client are followed for each Order. The Company shall not be liable for any loss incurred to the Client due to details or instructions from the Client in an Order, which are omitted, illegal, unclear, misleading, imprecise, contradictory, or erroneous. The Company shall endeavour to make every practical and reasonable effort to seek clarification from the Client in such cases.
- The Client shall guarantee that any Source Text, Source Material or other communication or material, submitted to the Company, shall not contain anything of an obscene, pornographic, blasphemous, illegal or libellous nature, as deemed by the Company. Furthermore, the Client will not infringe upon the intellectual property rights of any third parties. In such cases, the Company shall not be liable for any infringement on the part of the Client.
- The Client shall be solely responsible to provide the Company with any brochures, literature, website addresses, glossaries, term bases, style guides or any other pertinent reference material which has bearing on fulfilment of an Order. Without such provision from the Client, the Company shall not be liable for errors, omissions or subjective Translation preferences of the Client.
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 Company reserves 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.
PRICING AND PAYMENT
- Orders from new customers must be 100% prepaid. Returning Australian business customers may choose to pay a minimum 50% deposit or apply for credit, the approval of which is solely at the discretion of the Company and the payment terms will be set at net 7 days from the date of the invoice.
- The payments the Company charges and receives are in $AUD. If the payment is made in other currencies, the losses due to exchange rates, bank fees and currency conversions shall be solely born by the client.
- The Company quotes and charges on a per word basis unless otherwise agreed by both parties in writing on an individual Order basis.
- The Client is responsible for all costs incurred by the Company for securing bad debts, including collection agencies, bailiff and court costs, and attorney fees.
- The Company reserves the right to withhold services to customers with an overdue balance.
- The Company shall reserve the right to charge interest on any overdue invoice.
- Additional services, such as typesetting of documents and/or desktop publishing (known in the print industry as “camera ready”), Source Text conversion, localisation, amongst other things, shall be chargeable in addition to Translation Services to the Client and shall be agreed upon by both parties before acceptance of the Order. This list of additional services is non-exhaustive.
- The Client shall submit, in writing (either by trackable post, email) to the Company, any questions, queries, requested amendments or complaints pertaining to Completed Work, within thirty calendar days of the Client’s receipt thereof. After this time period of thirty calendar days any questions, queries, requested amendments or complaints may be treated as invalid and thus may be rejected, at the discretion of the Company.
- The Company shall not be liable to amend Completed Work, if the thirty-day calendar period has passed. In such cases, additional amendments to Completed Work, requested in writing by the Client, shall be on a chargeable basis and at the discretion of the Company.
- The Company shall amend Completed Work due to any proven errors and/or omissions in the Completed Work, within the thirty-day calendar period, only provided that a full report is submitted in writing by the Client to the Company within the prescribed period, stating and detailing each alleged error and/or omission within the Completed Work and in accordance with the Terms and Conditions.
- The Client shall allow the Company reasonable and sufficient time to examine the full report and return to the Client, in writing, a detailed response to each alleged error and/or omission. Should the Client accept the responses from the Company, the Client shall allow the Company reasonable and sufficient time to correct agreed errors and omissions and return the revised Completed Work to the Client.
- NAATI translation standards and AUSIT Code of Ethics are observed in the Translation provided by the Company. The Company shall not be liable to amend any Completed Work for any alleged errors which are subjective or preferential words or terms.
- The Company shall not be liable for errors, omissions or illegible text in the Client’s Source Text, Source Material or any other communication from the Client.
- If the Company does not receive any written notification within the thirty calendar day prescribed period, in accordance with the Terms and Conditions, then the Company shall conclude that the Client has approved and accepted the Completed Work and the Company shall not be liable to amend the Completed Work.
- If the Client does not agree with a response to any alleged errors and/or omissions detailed by the Company in its written response, then the Company shall, at its sole discretion, employ the Revision services of an independent third party Translator who has experience and/or formal qualifications in the subject matter of the disputed Order and is a native speaker of the Target Language to assess the Company’s proposed amendments.
- The neutral third party Translator shall be appointed as an expert, in an advisory capacity only and not as an arbiter. The decision of the neutral third party Translator shall not be final and binding.
- If the neutral third party Translator shall consider any alleged errors in the Completed Work to be valid, then the Company shall endeavour to rectify Completed Work in a professional, fair and timely manner and shall do what is deemed reasonable and practical to resolve the matter.
- The total cost of the neutral third party Translator shall be borne equally by the Company and the Client.
- The Company and the Client shall consider objectively and professionally the decisions and recommendations of the neutral third party Translator and when agreement has been reached between the Company and the Client, the Client shall allow the Company to make the requisite changes to the Completed Work.
- Any dispute or formal submission of a complaint concerning Completed Work from the Client, within the prescribed time period, does not relieve the Client from their payment obligation for each disputed Order and any additional late payment interest accrued.
- 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.
- We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
- The Company will do its best to deliver the Client’s translation on time. In case of an unforeseen delay, The Company will 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.
- The Company 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 The Company 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.
PRICE MATCH GUARANTEE
- Full Terms and Conditions for Price Match Guarantee are available at https://www.nihaotranslations.com.au/price-match/
- Full Terms and Conditions for our Affiliate Program are available at https://www.nihaotranslations.com.au/affiliate/.
1. The company reserves the right to change all terms and conditions found in this website.
Copyright © 2017 Synjoy International Pty Ltd, trading as Nihao Translations