Terms and Conditions of Business
The following terms and conditions apply to services provided to you by Polaron Language Services Pty Ltd (“Polaron”) and the use of this website unless otherwise agreed in writing. In submitting work to be carried out, you enter into a binding agreement with Polaron, covered by the following terms and conditions:
- “Polaron”, “we” or “us” means Polaron Language Services Pty Ltd, a registered Australian Private Company, ABN number 99 120 446 362, whose registered office is at Suite 301/22-26 St Kilda Road, St Kilda 3182, Victoria, Australia.
- “Client”, “you” or “yours” means the individual or company instructing Polaron to provide the services and named in the Quote, Order Confirmation Order or Invoice.
- “Services” mean translation, interpreting and consultancy services performed by Polaron for you.
- “Source materials” mean scans, photos, audio files, video files, documents and any other formats provided by you for the purpose of provision of the services to you by Polaron.
- “Translations” are documents, files, materials and works produced from source materials in accordance with your instructions and provided to you by Polaron.
- “Source language” means the language from which the source material will be translated.
- “Target language” means the language into which the source material will be translated.
- “Translator” means an individual providing translation services.
- “Translation” means the preparation of a translation or any other translation-related task such as checking, editing or proofreading.
- “Standard document” means a vital record (birth, death, marriage certificate), a police check, driver’s licence, ID card or any other official identifying document issued by a government authority of less than two pages
- “Quote” is issued by Polaron setting out the proposed services and pricing as per your specifications.
- “Purchase order” is a document issued by you to confirm your order from Polaron.
- “Order confirmation” is issued by Polaron setting out the services, volumes, prices and delivery time for services outlined in the quote.
- “Contract” means the contract between you and Polaron, consisting of Polaron’s Quote signed by you and/or a Purchase Order from you and these Terms and Conditions.
- “Deliverables” are the final deliverables produced as a result of the services.
- “Business days” means weekdays, excluding public holidays.
- “Confidential information” is information which is confidential in nature to you or to Polaron, and which either you disclose to us or we disclose to you in the course of delivering services.
- “Intellectual property rights” are any rights in or to any patent, copyright, database right, registered design, trade mark, brand name, trade name, business name or confidential information and any other rights in respect of any other industrial or intellectual property.
- In the event of conflict, the documents constituting the agreement between the parties will have priority in the following order:
Quotes and estimates
- Information provided in our brochures, catalogues or other published material is a general description only and does not form part of the contract.
- General quotes provided by Polaron are not binding on us and do not entail any commitment. A contract will only come into being when we issue a written order confirmation, receive your purchase order or deliver the services to you.
- Polaron’s quotes are provided on the basis that the terms quoted will remain open for the placing of orders for 14 days from the date of the quote.
- Polaron’s quotes are provided on the basis of your source materials, the purpose of the translation and any other instructions.
- Polaron may at any time revoke or change prices and dates of delivery quoted if it has not had the opportunity – prior to quoting – to access the entire scope of work.
- Your written acceptance of the quote submitted to Polaron shall constitute a contract.
- Polaron may consider as a client any person or entity that has placed an order with Polaron, unless said person or entity explicitly states that they are acting on the instructions, on behalf and at the expense of a third party, whose name and address shall be disclosed to Polaron at the same time, with authorisation to liaise with the third party directly on issues of translations, payment and delivery.
Price and Payment
- Payment for services is dependent on the terms and conditions contained in your quote or as otherwise agreed in writing.
- Work on your order will commence upon receipt of a purchase order from you or a signed Polaron quote, as well as meeting the payment terms outlined in the quote.
- The invoiceable amount is subject to change, as per point 5 of “Quotes and estimates”.
- Unless otherwise stated, prices are in Australian Dollars and are exclusive of Goods and Services Tax and any other tax or duty. Polaron will invoice you for all appropriate taxes which we are required to collect.
- Quotes in a currency other than Australian Dollar are based on the rate of exchange at the time of quoting.
- Discounts included on Polaron’s quotes are only applicable if invoices are paid within the due date.
- For translations of standard documents, the price includes transmission to the address specified in our quotation or purchase order.
- Failure to pay any invoice in accordance with the foregoing terms, will entitle Polaron to suspend further work both on the same project, and on any other project from you, without prejudice to any other right we may have.
- In the event that payment has not been received within the due date, Polaron reserves the right to apply an administration charge of $50.00 if an amount is outstanding for more than 30 days.
- For any account overdue by more than 30 days, we reserve the right to charge interest, such interest to be calculated daily on the amount outstanding at the rate of 8 per cent per annum.
- Polaron reserves the right to refer any invoices overdue for more than 60 days to a collection agency. Any further costs thus incurred will be met by the non-paying customer.
Changes to or cancellation of orders
- Cancelling the service once work has commenced will incur a cancellation fee, which will be calculated pro rata according to the work done by resources allocated to your order, with a minimum of $100. For orders below $100, the cancellation will be the full amount of the invoice.
- While we take every care to quote you as accurately as possible, Polaron is only responsible for the amount of work determined at the time of quoting. Polaron may adjust the invoice and the deadline if it transpires significantly more work than anticipated is required or if you request changes that affect the volume of work to be done. In such cases, Polaron will issue a corrected quote. Work will resume when the corrected quote for the redefined services has been accepted by you.
- The dates for delivery of the translation, or the dates for carrying out the services, are approximate only and, unless otherwise expressly agreed by us, time is not of the essence for delivery or performance, and no delay will entitle you to reject any delivery or performance or to repudiate the contract.
- Polaron will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform if the duration of the delay is not substantial or if the delay or failure is due to late delivery or performance or non-delivery or non-performance by suppliers or subcontractors, shortage of labour, an act of god, fire, inclement or exceptional weather conditions, industrial action, hostilities, governmental order or intervention or any other cause whatever beyond our control or of an exceptional nature.
- Posting or delivery to a carrier (including post, courier, e-mail) for the purpose of transmission to you will constitute delivery to you.
Polaron’s Responsibility and Liability
- The services will be carried out using reasonable skill and care in accordance with the industry standards.
- We will use all reasonable skill and care in selecting translators, interpreters and other personnel to perform the services.
- We will incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of us prior to the contract, whether orally or in writing, and you will not be entitled to rescind the contract on the grounds of any such misrepresentation.
- We do not warrant that the services will meet your specific requirements and, unless otherwise agreed, we do not warrant that the operation of any translations sent to you will be uninterrupted or error free.
- You acknowledge that any originals or translations 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 originals or translations.
- Polaron’s liability to you in respect of the provision of the services will be limited as follows:
- Polaron will 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.
- Polaron’s entire liability to you under any contract, including but not limited to in respect of the services, will not exceed the price payable to us by you under the contract to which any claim relates.
- You must notify us within 30 days of delivery of the translations of any claim arising out of the provision of the service, including full details of such claim. In any event, we will not be liable to you if you fail to notify us of any claim within a reasonable time of delivery of the translation.
- You must notify us within 30 days of delivery of the translation of any alleged inaccuracies in the translations, at which point our liability will be no more than to rectify any such alleged inaccuracies to our satisfaction. At no time will such allegations delay payment.
Your Responsibility and Liability
- You undertake that the materials submitted by you will not contain anything of an obscene, blasphemous or libellous nature and will not infringe the intellectual property rights of any third parties.
- You will not, for a period of 12 months after termination of the contract on your own account or for any other person or company, solicit, employ, and endeavour to entice away from us or use the Services of a translator or interpreter who has provided the Services to you on our behalf under the contract.
- You agree, upon demand, to indemnify us and keep us indemnified, from all losses, damages, injury, costs and expenses of whatever nature suffered by us to the extent that the same are caused by or related to:
- The use by Polaron of the originals or materials provided by you in relation to the provision of the services, including the breach of any intellectual property rights of any third party in or to any such originals.
- Any breach by you of these terms and conditions.
- In the event you require us to provide the services on your premises, or any other premises designated by you, you will:
- Assign members of staff with suitable skill and experience to be responsible for our activities.
- Provide access to premises, interpretation systems and other facilities that may be reasonably required by us.
- Provide such information as may be required by us to carry out the services and ensure all such information is correct and accurate.
- Neither party may use any of the other party’s confidential information.
- Neither party may disclose to any other person any of the other party’s confidential information.
- Either party may disclose the confidential information of the other:
- When required to do so by law or any regulatory authority, provided that party required to disclose the confidential information, where practicable and legitimate to do so:
- Promptly notifies the owner of any such requirement; and
- Co-operates with the owner regarding the manner, scope or timing of such disclosure or any action the owner may take to challenge the validity of such requirement.
- To its personnel, contractors or any person whose duties require such disclosure, on condition that the party making such disclosure ensures that each such person to whom such disclosure is made:
- Is informed of the obligations under the terms and conditions; and
- Complies with those obligations as if they were bound by them.
- The obligation of confidentiality will survive termination of the contract howsoever caused.
- Each party will ensure that under these terms and conditions it will at all times comply with provisions of the Privacy Act 1998 (Cth).
- We acknowledge that if we are required to process any data in the course of providing the services we will do so only on your instructions.
- If you subsequently cancel, reduce in scope or frustrate (by an act or omission on your part, or any third party relied upon by you) the contract, the full price for the contract will remain payable unless otherwise agreed in advance. Any original works provided to us, and translations completed by us, under the contract will be made available to you on termination of the contract.
- We will be entitled to terminate the contract immediately by written notice to you if:
- You commit a material breach of the contract and, in the case of such a breach which is capable of remedy, you fail to remedy the same within 7 days of receipt of a written notice specifying the breach and requiring it to be remedied.
- You make any voluntary arrangement with your creditors or (being an individual or firm) become bankrupt or become subject to an administrative order or go into liquidation, or an encumbrance takes possession or a receiver is appointed over any of your property or assets, or you cease or threaten to cease business, or an equivalent or analogous event occurs in any other jurisdiction.
- Any termination of the contract will not prejudice any rights or remedies which may have accrued to either party.
- You have a right to complain if, for any reason, you are not satisfied with the standard of the work delivered by Polaron. Such complaint must be made in writing to Polaron’s complaint officer (email@example.com) within 30 days of delivery of the service.
- The complaints officer may contact you to clarify any issues and conduct an internal review.
- Polaron will take every care to understand the nature of the complaint and to resolve it within 14 days in good faith.
Cancellations and changes
For cancellation policies, please refer to the terms and conditions in the quote documentation provided.
Thank you for you continued support. We hope you are happy with our services and welcome any feedback that may help us improve. Feel free to contact us via email at firstname.lastname@example.org or call us on 1300 88 55 61 or +61 3 9510 9661 for more information.