Last Updated: 17th June 2021 Definitions “The Company” is Opal Translation Pty Ltd T/As EthnoLink Language Services (ABN 49 601 462 677). “The Client” refers to the individual or company commissioning the Company’s services. “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, soft copy of the documents, audio file, video file or any other form that needs to be translated, provided by the Client to the Company. “Target Language” means the language into which the Source Material will be translated. “Order” means a confirmed request from the Client to the Company to translate the Source Material into the Target Language. “Business Days” means any day excluding Saturday, Sunday, a public holiday in Victoria and/or a Commonwealth public holiday. “Quality Guarantee” refers to our guarantee to produce translations that are fit for purpose and free from errors (on eligible packages only). Terms 1. 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 Company. 2. It is the responsibility of The Client to provide The Company with the context of written material as well as the intended style, tone and expectations in which they would like the translation to be conveyed. Failure of The Client to provide The Company with this information may result in additional fees being applied for stylistic changes requested by The Client. 3. Any amendments to the Source Material after an Order has been received that requires additional work to be undertaken for translation may result in additional fees being charged, at the absolute discretion of The Company after written notice to The Client. 4. The Company will begin work upon receipt of full payment or an initial deposit from The Client, at the full discretion of The Company. 5. The final translation of the Source Material into the Target Language/s will then be sent for approval in Word and or PDF format, as required. 6. Any amendments to the translation after final approval will result in an extra fee to be determined by The Company at its absolute discretion. 7. Project timelines provided are an estimation and should only be used as a guide. Number of days include business days only, and exclude weekends and all Public Holidays. The total time is estimated with a “reasonable” time allowance for client response. The total time is therefore affected by the response time of the client. The Client is entitled to one round of feedback on the translations before they are finalised. 8. It is the responsibility of The Client to respond within two business days 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. 9. Any additional work, outside of our proposed project scope will be quoted and charged separately. The final payment amount may change if additional components/items have been requested for this project (e.g. additional typesetting service). 10. All prices quoted are GST exclusive, unless otherwise stated. 11. All cancellations must be provided in writing and is subject to the following cancellation fees: If cancellation occurs before Translation has commenced, The Company has at its absolute discretion, the right to charge an administration fee equal to 50% of the total fee payable. If cancellation occurs after Translation commences, 100% of the total fee is payable. 12. 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. 13. When choosing either our Professional or Premium translation packages, our Quality Guarantee applies. If you are not satisfied that the translation(s) you receive are “fit for purpose” and/or “free from errors”, we will make any necessary amendments, free of charge, so long as the requested changes are aligned with the AUSIT Code of Ethics, in particular, that the principle of “Accuracy” is upheld. After we have had the opportunity to address your concerns of the translations we deliver not being “fit for purpose” and/or “free from errors”, if you still feel that the translations do not meet your expectations, we will, at our absolute discretion, engage an independent NAATI Certified translator to review the updated translations, at no expense to you. Terms and conditions of our Quality Guarantee: This offer is only valid for projects which are part of Professional or Premium translation packages, where revision by a second NAATI Certified Translator is included. “Fit for purpose” refers to the translations being culturally appropriate for the target audience which is advised by the client. Our translators will work to deliver translations which are fit for purpose according to the client’s brief, taking into account the age, literacy levels, cultural background and other demographic indicators of the target audience, with terminology used being similar in register to the original source text. “Free from errors” refers to the absence of any translations which are distortions of meaning or are unidiomatic. If a client or their own independent reviewer, who is a native speaker of the target text, gives feedback about personal preference or style, this is not seen as an error, and this offer does not include these types of amendments. 14. This Agreement will be governed by the law of the State of Victoria. 15. The Client indemnifies The Company against any direct or indirect losses including consequential loss, costs or expenses arising out of or relating to any claims, demands or actions which may be brought against The Company or incurred by The Company as a direct or indirect result of the services provided by The Company, to the extent that the losses are caused by the negligence of, or breach of this contract by the Client. 16. Notices and other communications are deemed to have been served to either party if: in legible writing in English; signed by the sender or a person authorised by the sender; and they are hand delivered, transmitted by facsimile, sent by registered post and e-mailed to the respective representatives of either party.Any notice given under this clause is deemed to have been received unless the sender should have been reasonably aware that the delivery failed. 17. This Agreement may only be varied by written amendment signed by both parties. 18. Resolution of Disputes: A party must not start court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement (Dispute) unless it has complied with this clause; A party claiming that a Dispute has arisen must notify the other party to the Dispute giving details of the Dispute; and During the 14 day period after a notice is given under this clause (or longer period agreed in writing by the parties to the Dispute), each party must use its bona fide efforts to resolve the Dispute through the involvement of (where applicable) the respective managing directors or their nominee. The Company will guarantee that the materials which you will use for the production will be free of any copyright. Or you will use such materials only after receiving our written consent. 19. Description of Services: Description of services include translation, independent checking of translation, editing, proofreading, typesetting and production of final translation files. 20. Intellectual property: The materials created for this project remains the property of The Company until full payment is received, after which time all property will be transferred and remain the property of The Client. The Company agrees and acknowledges that the intellectual property of the Source Material remains the sole and exclusive property of the Client and no right, title or interest in the same transfers to the Company.