“Supplier”: A2ZTranslate Ltd. and any of its subsidiaries
“Customer”: the customer who contracts the Supplier and agrees to the quote, irrespective of whether this may be on behalf of a third party
“Master Material”: the source material as supplied by the Customer for translation
“Quote”: The price and timeframe as specified by the Supplier to the Customer for translation or other conversion (e.g. transcription of audio files) of the Master Material
“Works”: any materials supplied by the Supplier to the Customer
A2ZTranslate Ltd. trades online under multiple trade names, including but not limited to, certifiedtranslation.co.nz, licencetranslation.co.nz, a2ztranslate.co.nz, a2ztranslate.com, Aucklandtranslations.com. Irrespective of where the Customer enquiry comes from, all Quotes are issued under A2ZTranslate Ltd. and the following Terms and Conditions will apply.
These standard terms and conditions apply to all agreements that are accepted by the Customer and the Supplier.
1. All translations are based on the document(s) to be translated ("Master Material") and instructions provided by the Customer. The Supplier may also require the Customer to provide further explanation to ensure an accurate and pertinent translation
2. Any changes or amendments to the Master Material or changes to the instructions by the Customer after the Quote has been accepted by the Customer may incur additional charges at the sole discretion of the Supplier.
3. If the Customer is in possession of previous translations of the Master Material or material similar to the Master Material, the Customer shall provide the Supplier with a copy of such translations and the Supplier will endeavour to provide a consistent translation of the Master Material.
4. All Quotes are based on the provided Master Material and the instructions from the Customer and are valid for 7 days. Although every effort is made for Quotes to be as accurate as possible, the Supplier reserves the right to change Quotes if the translation of the Master Material requires significantly more work than anticipated. The Supplier will inform the Customer of any changes to the agreed Quote. If no agreement can be reached, the Supplier will invoice the Customer only for the work carried out up to that point.
5. The Customer verifies that all Master Material has been thoroughly proofread and is clear of all and any grammatical, typographical or other errors that may in any way impinge on the Supplier’s ability to understand and translate the Master Material.
6. Once a Quote has been accepted by the Customer (online, via email, by phone or other method), the acceptance is irrevocable. The Customer understands that upon acceptance of the Quote, they will be liable for the full value of that Quote, irrespective of any changes, alterations or cancellations that the Customer may request after acceptance.
7. The Supplier's translation processes usually involves a translator, editor and proofreader and is carried out using reasonable skill and care in accordance with relevant industry practice. Extra fees may apply if the customer requests the translation to be carried out differently, for example by reviewing the translation post-transformation by the Customer (as in placing translated text to a website).
8. The Supplier will notify the Customer once the translation is completed. Payment is required as per the terms specified in the Quote. The Supplier can also arrange shipment of the physical Translation at extra cost. In that case, full payment has to be received prior to shipment.
9. The Supplier will do its best to ensure that the final Translation meets the Customer's specific requirements and is error-free. However, all translations can vary linguistically depending on their nature and purpose, the target audience as well as the style of the reviewer.
10. Translation and copy writing are different services. The Supplier does not provide professional copy writing services.
11. Should the Customer query the validity of the Translation, the Customer should supply an annotated edit, using a track changes method, stating, as a minimum: a. Change(s) made on an item by item basis b. Reason for change made
12. The Supplier warrants that the final Translation is, within the limits as described above, an accurate translation of the Master Material. The Supplier will not be liable for any subsequent changes by the Customer to the final Translation regardless of their nature, including changes made to content, layout, formatting or presentation.
13. The Customer shall raise any issues regarding the final Translation within 30 days of receipt. If the Customer requests a review of the whole or part of the final Translation, such review will be undertaken for an appropriate fee which will be agreed between the parties. The Supplier may, at its sole discretion, waive all or part of the fee if the review finds any significant issues in the final Translation.14. The Supplier shall not be liable for any loss of profits, business, contracts, revenue, damage to the Customer's reputation or goodwill, anticipated savings, and/or any other indirect or consequential loss or damage whatsoever arising out of or in relation to the Agreement and the final Translation.
15. The Supplier's entire liability for the final Translation under the Agreement is limited to the agreed value of the Quote excluding GST.
16. The Customer guarantees that it is the legitimate and legal owner of all rights (including intellectual property rights, royalty rights and any other right) of the Master Material. The Customer warrants that the Master Material and the final Translation do not infringe any other intellectual property rights and will indemnify the Supplier for any costs, claims, or damages arising out of the Agreement, including, but not limited to, management time, damages and legal fees, and the Customer must at its own cost defend or settle any claim, action or proceedings brought against the Supplier, based upon a claim of intellectual property rights infringement in relation to the Master Material or final Translation.
17. The Customer accepts all Quotes in its own right and is directly responsible to the Supplier for honouring any and all payment terms. The Customer agrees that the Customer is wholly liable for payment in full of the agreed amount within the agreed timeframe, irrespective of whether the Customer accepted the Quote on behalf of a third party. The Customer agrees that it will not breach its contractual obligations due to any delay incurred by a third party.
18. Until full payment has been received by the Supplier, the ownership of all works of the Supplier remains with the Supplier. Use of any works of the Supplier in breach of the payment terms and timeframes agreed upon within the original Quote is a breach of the Supplier’s intellectual property rights, and the Supplier reserves the right to sue for recompense.
19. In the case of an overdue invoice, non-payment or other contractual breach by the Customer, the Supplier reserves the right to refer all outstanding invoices to a debt collection agency of its choice. All debt collection fees, penalties and other sufferances incurred are the sole responsibility of the Customer.
20. The intellectual property in the final Translation shall vest in the Customer once full payment has been received by the Supplier.
21. The Supplier, unless specifically requested by the Customer, keeps the following information for a minimum of 7 years from date of Quote acceptance:
a. Name of person requesting quote and Company name (if applicable)
b. Physical address, telephone number(s) and Email address
c. Contract description, quote, invoice, payment details and all related project management tracking
d. In the case of Corporate Customers, the original files as provided by Customer and the final translation
e. In the case of private (non-Corporate) Customers, for 12 months only, the original files as provided by Customer and the final translation
22. By accepting a Quote from A2ZTranslate Ltd. the Customer agrees to be bound by these Terms and Conditions in their entirety. Any release by A2ZTranslate Ltd. of any individual clause does not release the Customer from any other clauses of these Terms and Conditions.