Terms & Conditions
Terms & Conditions
These Terms apply to all contractual relationships between Language Facilitation Ltd ("Provider") and its Clients, and constitute the whole agreement between the parties, except where agreed otherwise in writing. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law. New Zealand law shall apply to the contract, and the parties submit to the jurisdiction of the New Zealand Courts. If any provision of these Terms is invalid or unenforceable in whole or in part, the validity and enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
The Services offered to Clients are those of translation or interpreting from the specified source language into the specified target language, the revision of a specified translation, or specified language services.
Any translated or revised work is for the exclusive use of the Client in its ordinary course of business and will not be published or otherwise distributed for profit, without the prior written consent of the Provider. Furthermore, it is understood that any translated or revised work will not form the substance of any legal agreement without prior review by an appropriate legal advisor.
2. DOCUMENT OWNERSHIP AND CONFIDENTIALITY
a) Right to use documentation:
The Client warrants that any original documentation and its use by the Provider as requested by the Client shall be lawful and will not infringe the copyright or other rights of any third party, and the Client shall indemnify the Provider against any loss, damages, cost, expenses or other claims arising from any such infringement or illegality.
Any original documentation or information provided by the Client is confidential, and any translated or revised work and any information gained in the course of an interpreting assignment shall be kept confidential by the Provider. But the foregoing shall not apply to any documentation or other information which is or becomes public knowledge through no breach of this provision by the Provider.
3. DELIVERY AND CANCELLATION
a) Delivery of translations shall be in the form and at the time agreed. Notwithstanding, time shall not be of the essence.
b) If the Client cancels or withdraws any portion of an item to be translated or revised prior to completion by the Provider, then the Client shall pay the Provider the portion of the fee agreed for the complete job represented by the portion of total text translated or revised, but in any event not less than 50% of the fee.
c) Where the Client does not attend an agreed appointment the full fee for that appointment will be payable.
d) If an interpreting assignment or other appointment is cancelled by the Client with less than 24 hours notice to the Provider, 50% of the anticipated fee for the assignment or appointment will be charged together with any expenses already incurred.
Any dispute as to the accuracy of any translation or revision or the quality of any service provided under these Terms must be advised, in writing, within twenty working days of delivery.
a) To the extent permitted by law, liability is limited to the return of any amount paid and/or waiver of any amount payable for the translation, revision or other service, and no responsibility or liability is accepted for any consequential losses.
b) To the extent permitted by law, all implied warranties are excluded.
c) The Provider shall have no liability to the Client for any loss, damage, cost, expense, or other claim arising from any original documentation or instruction supplied by the Client being incomplete, inaccurate, incorrect, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival.
d) The Provider shall have no responsibility whatsoever for any change made to a translation or revision by any person other than the Provider.
e) The Provider shall have no liability to the Client for delays due to any cause beyond the Provider's reasonable control.
6. PAYMENT TERMS
a) All invoices will be rendered in, and payable in New Zealand dollars unless agreed otherwise with the Client. Prices are quoted exclusive of GST, unless stated otherwise, and GST at the appropriate rate will be added to all quoted prices should the GST system become applicable.
b) Additional fees will be payable in the event any of the following are required to complete any work:
i. any investigation, inquiry, or research beyond that for a normal routine translation required because of ambiguities in the item(s) to be translated;
ii. additional services required because the Client has made changes in the item(s) to be translated after confirmation of the order; and
iii. changes to a translated or revised text not required for accuracy, but requested by the Client after delivery, because of the Client’s preferences as to style or vocabulary.
c) All out-of-pocket travel expenses will be charged at cost. Motor vehicle travel will be charged at the Public Service Mileage rate issued by the IRD, applicable to the vehicle used for the purpose. Travel time will be charged at any rate agreed.
d) The Client shall reimburse the Provider for necessary expenses incurred by the Provider that are not a normal part of routine translation, or revision, such as urgent or overnight document delivery services requested by the Client, long distance telephone and facsimile expenses to clarify document ambiguity, or verification services contracted to third parties.
e) Payment shall be made immediately upon delivery of the job. Where the anticipated account will exceed $1000 and/or for new Clients, an advance payment of 40% of the anticipated fee may be required. Credit terms may be agreed in writing, in which case payment shall be made no later than the 20th of the month following the month of invoice. Any payments for fees or costs not received by the Provider by due date will be deemed late and interest at the provider's overdraft rate plus 5% per annum may be charged. The Client shall also pay all the Provider’s costs in collecting late payments due from the Client, including all legal fees (on a solicitor client basis).
Date effective: 01 June 2018
Language Facilitation Ltd ("us", "we", or "our") operates the website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the website operated by Language Facilitation Ltd
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
First name and last name
Cookies and Usage Data
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Language Facilitation Ltd uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Language Facilitation Ltd may process your Personal Data because:
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it's not overridden by your rights
To comply with the law
Retention of Data
Language Facilitation Ltd will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside New Zealand and choose to provide information to us, please note that we transfer the data, including Personal Data, to New Zealand and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Language Facilitation Ltd may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Language Facilitation Ltd may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Language Facilitation Ltd
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Language Facilitation Ltd aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Language Facilitation Ltd relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
By visiting this page on our website: