Terms of Service

1. Your relationship with Perth Translation

Perth Translation (hereinafter referred to as PT) 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 PT. 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 PT, your agreement with PT 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 PT 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 PT'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, PT, 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,

(d) interpreting services requested will be available and the interpreter will meet your expectations

2.4 No advice or information, whether oral or written, obtained by you from PT or through or from the Services shall create any warranty not expressly stated in the terms.

2.5 PT 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 PT 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 PT shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of PT 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 PT 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, PT 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. You acknowledge and agree that electronic instructions may not be received by us for reasons beyond either party's reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems.

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 PT 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 PT by email of any Claim within a reasonable time of delivery of the Translated Works.

3.8 You must notify PT 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 PT 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 and may not be fulfilled.

4. Cancellations

4.1 Should you, following payment and pending the delivery of the contracted work, request for cancellation, PT will exercise its right to receive full payment of the quoted sum. In this event, PT also exercises its right to not provide partially complete or incomplete delivery of any Translation Works and further Services.

4.2 PT may cancel bookings that you have made for interpreter services by giving you reasonable advance notice. This may due to the relevant interpreter no longer being available or for other reasons, including those that are beyond PT control.

4.3 You accept the cancellation charges for bookings:

100% of paid fee if notice given within 24 hours from the date of interpreting (E.g. Wednesday appointment, cancellation by Tuesday of the same week)
50% of paid fee if notice given within 1-2 business days from the date of interpreting (E.g. Wednesday appointment, cancellation by Monday of the same week)
0% of paid fee if notice given more than 2 business days from the date of interpreting (E.g. Wednesday appointment, cancellation by Friday of the previous week)

5. Delivery Policy

5.1 Delivery of Translation Services will be provided by email.

5.2 Certified translations may be posted to the client's given address if this is stated by email before job commencement.

5.3 PT 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 PT 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 repost of translations, although unfortunate, will incur additional postage and handling costs for the customer, 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 translations.

5.8 With your use of the Services, you accept that you may not change the document for translation once payment has been made. Any further document submissions will be quoted separately.

5.9 With your use of the Services, you accept that the translator cannot correct any perceived or known errors or mistakes on the source document for translation by using translation.

5.10 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.

5.11 With your use of the Services, you accept that the translator will consider but cannot be pressured, coerced or forced to accept official spelling of names if it does not match the source document, for English name spellings derived from languages such as Thai, Hindi, Punjabi, Urdu, Farsi, Greek, Russian and Ukrainian. With your use of the Services, you accept that any demands from yourself for the translator to add or remove items in the translation inconsistent to the source document can be regarded as unethical and criminal in intent.

6. Confidentiality

All knowledge and information expressly identified by you in writing as confidential which PT acquires shall be maintained in confidentiality by PT 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 PT and shall not be authorized by PT to be published by others.

7. Legal Responsibility

7.1 With your use of the Services, you guarantee that the requested translation does not infringe any copyright or any other right derived from the intellectual or industrial property of the documentation delivered for translation and that it will not be destined to any illegal use. Similarly, you guarantee to maintain PT independent of any claim presented by third parties to this respect.

7.2 With your use of the Services, you recognise that you have Workplace Health and Safety obligations when working with interpreters, and as a �person conducting a business or undertaking� under Work Health and Safety (WHS) laws, you have a duty of care to ensure the health and safety of interpreters providing services for you.

7.3 With your use of the Services, you acknowledge that interpreting can be very demanding, and agree to provide interpreters with reasonable short breaks so that they can get a drink, go to the bathroom, rest and refresh their focus. You agree to provide a more substantial break (at least 30 minutes) after five hours of interpreting. You acknowledge and agree to discuss arrangements for breaks with your interpreter at the start of each interpreting job. You understand and accept that there is no reduction in charges (or in interpreter payment) for any breaks you provide to an interpreter and that breaks are paid time.

7.4 With your use of the Services, you acknowledge that when an interpreter perform on-site interpreting for you, they are subject to the WHS policies and procedures of your workplace. You acknowledge that the best way to help minimise risks to interpreters is to factor them into your WHS planning, such as providing them with a WHS orientation when they arrive at the site. Orientation for interpreters may cover topics such as:

the nature of the operations of your business and the associated hazards and risks
appropriate resources and processes to eliminate or minimise risks to health and safety
processes for receiving information about incidents, hazards and risks in your workplace.

7.5 If an incident occurs involving an interpreter while performing an on-site assignment in your workplace, you agree to immediately inform us of the incident and follow up with a written incident report, emailed to [email protected]