Terms & Conditions
Australian Interpreting Service Pty Ltd - Terms of Service Acknowledgment and Acceptance of Terms of Service The Australian Interpreting Service website is owned and operated by the Australian Interpreting Service ("AIS"). Use of this website and services provided to you ("User"), is governed by the terms and conditions of this AIS Terms of Service ("AISTS") and any operating rules or policies that may be published by AIS.
This AISTS cnstitutes the entire agreement of the parties and supersedes all prior agreements, understandings and negotiations on the subject matter of AISTS.
Description of Service
AIS provides User with a medium to order and purchase interpreting, translation, web design and web development services. These services are provided via the Internet and/or as otherwise specified by AIS. These services are provided on an "AS IS, AS AVAILABLE" basis. AIS makes no guarantee of availability of the AIS services and will not be held responsible for data loss or interruption of service of any kind.
Interpreting
The functions of the interpreter excludes the written translation of texts and is confined to spoken proceedings only.
Translating
The functions of the translator excludes spoken proceedings and is confined to the written translation of texts only.
Description of User
User refers to any individual, company, organization or other entity who directly or indirectly uses the Services under this AISTS.
Eligible Users
The services provided by AIS are available only to individuals who are of legal age and who are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, AIS products and services are not available to minors. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to purchase from us or access our services. AIS may in its sole discretion add, delete or change some or all of our services at any time.
Acceptance of Order
A purchase order is a booking request submitted by the client to AIS on the terms specified in this agreement and does not become binding on the parties until it is accepted by AIS by communicating its acceptance by way of written confirmation, or by way of delivering the required services as specified in the purchase order.
Fees
The client will pay AIS upon AIS providing its confirmation of the purchase order or within 7 days of receipt of a valid tax invoice from AIS. Client will pay AIS the amount specified on he invoice.
Payment methods accepted by AIS include, Direct money transfer to AIS account, cheque, cash or alternatively with a valid credit card. The User hereby agrees that are the true and lawful holder of the credit card.
Availability
All booking requests are subject to availability and confirmation by AIS. AIS makes no guarantee that the service requested on the purchase order will be available.
Obligations of AIS upon acceptance of Purchase Order
(1) Provide Confirmation of Order (Confirmation).
(2) Put forth reasonable efforts to ensure the quality of the Services, however AIS makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does AIS 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. AIS makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.
(3) AIS will provide confirmed service specified in the confirmed order
(a) in the mode of delivery specified in the confirmed order
(b) to the recipients specified in the confirmed order
The User acknowledges that AIS can not guarantee the delivery date and cannot guarantee delivery. Should the service be unavailable on the date specified on the confirmed order, AIS will advise the client and at AIS's discretion will either refund the client the fees received from the client for the order or alternatively provide the services at a different date/time.
AIS will not be held responsible for any damages for services unavailable. Should AIS decide to issue refund to the user, refunds will be limited to the amount paid by User for the services. All refunds will be made by to the credit card of the User designated on the Purchase Order, by cheque or direct funds transfer. No refunds will be made in cash.
Obligations of User
User is solely responsible for the contents of material provided. This includes, but is not limited to material provided for databases, translation, interpreting, web design and web development procedures. User agrees:
(1) that all material, information and other types of data submitted will be, to the best of the User's knowledge, true and complete;
(2) to provide certain current, complete, and accurate information about User as prompted to do so by the Service;
(3) to notify AIS of any change in the User's email address or contact details;
(4) to supply document(s) and other materials requested by AIS
(5) to notify AIS of any errors in a purchase order or in the User's representations and warranties;
(6) to cooperate with any reasonable requests of AIS in connection with AIS's delivery of services or notification to the intended recipient of the Services;
(7) to pay for services in compliance with all payment terms and conditions set forth in order procedures;
(8) that AIS makes no warranty as to the results that may be obtained from the use of AIS's services;
(9) to fulfil obligations set forth in AISTS. AIS may, at it's sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the AISTS.
Recordings
Interpreting Services are provided for the immediate use of the listeners only. No recordings are permitted whilst interpreting services are being delivered by AIS without prior written approval by AIS.
Acknowledgments of the User
The User acknowledges and agrees to the following: AIS will not be responsible for or incur any liability to the User in respect to any fraudulent use involving a purchase by the User or any unlawful or fraudulent use of the User's credit card by any person unless such fraud is effected through the knowing wrongful acts of AIS or its representatives. The User will be individually liable and may be subject to criminal prosecution for any fraudulent or unauthorized use of a credit card or other fraudulent act by the User. In the absence of a wrongful, intentional act of AIS or its representatives, AIS will not be responsible for or liable to the User if an unintended third party possesses access to the User's email account and fraudulently acquires product/service.
Privacy Policy
It is AIS's policy to respect the privacy of it's Users. All information received as a result of using AIS shall be referred to as a) user data b) order data ("Data"). In addition to the privacy of User Data, AIS will not edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on AIS; (2) protect and defend the rights or property of AIS or (3) act under exigent circumstances to protect the personal safety of its Users or the public. User acknowledges and agrees that AIS neither endorses the contents of any User communications nor assumes responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby. Furthermore, AIS has the right to disclose to third parties certain Data about User and Service in the aggregate if the User expressly directs AIS to disclose such information through the Service. If any information provided by User is inaccurate, AIS retains the right to terminate User's rights to use the Service.
Disclaimer of Warranties
User expressly agrees that use of the Service is at User's sole risk. AIS expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. AIS makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does AIS 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. AIS 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 User from AIS or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the extent permitte by law, and subject to any rights of refund granted under the AISTS, AIS shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service, or for cost of procurement of substitute services, or resulting from transactions entered into through the Service, or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if AIS has been advised of the possibility of such damages.
Indemnification
User agrees to indemnify and hold AIS, its parents, subsidiaries, affiliates, agents, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this AISTS by User, or the infringement by User, of any intellectual property or other right of any person or entity.
Dispute
Should the User be unsatisfied with the quality of the Services provided by AIS, the User is required to contact AIS at info@australianinterpretingservice.com specifying the reasons for dissatisfaction, within (7) seven days of delivery of product/Service by AIS. AIS will give full consideration to the User's comments. AIS will then either: (a) have the Service redone at no extra charge to the User, or (b) will consider that the Service already done meets industry standards. In the case of the Service meeting industry standards, AIS can for an extra fee have the document and/or service edited and/or provided by a different professional as specified by AIS. Should AIS decide to issue refund to the User, refunds will be given for the amount of purchase. All Refunds will be made to the credit card of the User designated on the Purchase Order, by cheque or Direct Funds Transfer. No refunds will be made in cash.
Modifications to Terms of Service
AIS may change the terms and conditions of the AISTS at any time. Upon any change to the terms and conditions of the AISTS, AIS will post appropriate notification herein.
Governing Laws
This agreement (the AISTS) is governed by the laws in force in Victoria Australia. Each party irrevocably and unconditionally submits to the exclusive juristriction of the courts of Victoria Australia.
User and AIS agree that any cause of action arising out of or related to a service must commence within one (1) year of the date the purchase order is confirmed for acceptance by AIS, otherwise such cause of action is permanently barred.
Severability
The whole or any part of any clause in this agreement that us unenforceable, illegal or void will be severed from this agreement and the remaining provisions of this Agreement iwill remain in force.
Nature of Relationship
AIS is an independent contractor to User. Nothing herein shall be construed to place the parties in a relationship of partners, principal and agent or as entering into a joint venture.
Force Majeure
Notwithstanding any other provision of this Agreement to the contrary, AIS shall not be liable to the User for any failure to fulfil AIS's obligations hereunder if such failure to fulfil AIS's obligations is due to any labour dispute, fire, flood, law, governmental or political action, act of God or any other cause beyond the reasonable control of AIS. In the event of any such occurrence, the time period for AIS's performance under this Agreement shall be correspondingly extended.
Termination
Either AIS or User may terminate the Service without cause at any time and effective immediately. AIS shall not be liable to a User or any third party for termination of Service. Should User object to any terms and conditions of the AISTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately discontinue use of the Service in which case User will pay any outstanding amounts to AIS in accordance with the terms of this AISTS.
Booking Cancellations
Once Confirmation has been made by AIS to the User, a User may cancel the purchase order however no payment accepted by AIS in respect of a booking request is refundable under any circumstances. Clients may change booking address details only with a minimum of 14 days notice subject to payment of change fee.
Change Fee: a change fee of AUD$30.00 applies to any User that wishes to change their booking address details after confirmation of booking has been made by AIS, plus any applicable difference in rates.
Dates, times or language service may not be changed once booking confirmation has been made by AIS. Should the User wish to change the date or time of their booking after confirmation has been sent by AIS, this matter will be treated as a cancellation and the User is liable for payment of full fees (100%) for cancellation of booking.
If a User cancels a booking, on the scheduled services specified in the Purchase Order, the Booking will lapse, become valueless and not be substitutable for other services, and the fee paid for this service will not be refunded to the user on cancellation of booking of the services. If payment has not yet been received, the User is still liable to pay 100% of the fees accumulated for the service and will be invoiced accordingly. The User hereby agrees to pay such fees within 7 days from date of invoice.
Full fees (100%) will also apply if an interpreter arrives at an assignment, which has been cancelled without this office being informed of the cancellation and/or change in address. In this instance AIS must still be paid for the assignment. Additionally, full fees (100%) will be charged for bookings.
Thanks
Thank you for supporting the Australian Interpreting Service Pty Ltd.
We trust that your ordering experience with us was professional, timely, and of value to your organisation.
Australian Interpreting Service Pty Ltd
Customer Service Team
www.australianintepretingservice.com
BOOK ONLINE, or call +61 (03) 9561 6081 or FAX your bookings to +61 (03) 9561 6071
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