Definitions

“Beatriz Diaz” (Sole Trader) ABN: 84 981 453 961.

“The Client” refers to the individual or company commissioning the Beatriz Diaz (Sole Trader) services.

“The Translator” refers to Beatriz Diaz (Sole Trader) or an individual providing a translation in the normal course of business as per the instructions of Beatriz Diaz.

“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, softcopy of the documents, audio file, video file or any other form that needs to be translated, provided by the Client to Beatriz Diaz (Sole Trader).

“Target Language” means the language into which the Source Material will be translated.

“Order” means a confirmed request from the Client to the Beatriz Diaz (Sole Trader) to translate the Source Material into the Target Language.

“Business days” means weekdays, excluding public holidays.

Preamble

Use of this website and services provided to you is governed by these and any operating rules or policies that may be published by Beatriz Diaz (Sole Trader).

These terms and conditions constitute the entire agreement of the parties and supersede all prior agreements, understandings and negotiations on the subject matter of Beatriz Diaz (Sole Trader).

Description of service

Beatriz Diaz (Sole Trader) and beatrizdiaz.com.au provides the Client with a medium to order and purchase services. These services are provided via the Internet and/or as otherwise specified by Beatriz Diaz (Sole Trader). These services are provided on an “AS IS, AS AVAILABLE” basis. Beatriz Diaz (Sole Trader) makes no guarantee of availability and will not be held responsible for data loss or interruption of service of any kind.

Copyright in source material, and translation rights

Beatriz Diaz (Sole Trader) accepts an order from the Client on the understanding that performance of the translation task will not infringe any third-party rights. The Client undertakes to keep Beatriz Diaz (Sole Trader) and the Translator harmless from any claim for infringement of copyright and/or other intellectual property rights in all cases. The Client likewise undertakes to keep Beatriz Diaz (Sole Trader) and the Translator harmless from any legal action, including but not limited to defamation, which may arise as a result of the content of the original source material or its translation.

Quotes

Upon request of the Client, a fixed-price quotation (including GST if applicable) will be provided by Beatriz Diaz (Sole Trader) via email, and shall be valid for a period of 60 days from the date on the quotation, but may change to earlier if translator availability changes. Different types of quotes may be used depending on the specific circumstances.

Beatriz Diaz (Sole Trader) reserves the right to revise the quote if changes to the Source Text, Target Language, details, scope and instructions for the translation are made by the Client after the initial quote request.

Prices and specifications are subject to change without notice.

All other orders will be invoiced at the prevailing price at the time the translation services are provided. Beatriz Diaz (Sole Trader) reserves the right to withdraw any quotation at any time for any reason provided Beatriz Diaz (Sole Trader) has not accepted a valid purchase order from the Client.

Charges and payment

Orders from new customers must be 100% prepaid.

The Client is responsible for all costs incurred by Beatriz Diaz (Sole Trader) for securing bad debts, including collection agencies, bailiff and court costs, and attorney fees. Beatriz Diaz (Sole Trader) reserves the right to withhold services to customers with an overdue balance.

Cancellation and refunds

If a translation task is commissioned and subsequently cancelled, reduced in scope, or frustrated by an act or omission on the part of the Client or any third party, the Client shall pay the full contract sum, unless otherwise agreed in advance.

A refund might be given if the client cancels an order before the Translator has started the translation. Beatriz Diaz (Sole Trader) reserves the right to decide whether a request for refund merits a full or partial refund.

A partial refund will be given if the Client cancels an order after the translation has already been started.

Delivery of the translation

It is the responsibility of the client to provide all required information, spellings, photos or scans of the document needed for the translation, as requested by Beatriz Diaz (Sole Trader).

The expected turnaround time (in business days) will be stated in the quote, but in the event of delay due to unforeseen circumstances, Beatriz Diaz (Sole Trader) will inform the client regarding the delay.

It is the responsibility of the Client to respond immediately to any request for clarification or confirmation, or any inquiry sent by Beatriz Diaz (Sole Trader). Beatriz Diaz (Sole Trader) will not be held liable for any delay resulting from delay or lack of response from the Client. Specifically, the Client is responsible for providing a mobile phone number and a working email address, and making sure messages sent by Beatriz Diaz (Sole Trader) via these channels are received and acted on.

Special requests regarding the translation of names or other terms will be considered, but Beatriz Diaz (Sole Trader) does not guarantee that they will be implemented. Any such special requests, including requests for amendments to the translation, will be implemented within the legal framework and the AUSIT code of ethics.

Privacy

Full details of Beatriz Diaz (Sole Trader)’s Privacy Policy are available on our website.

Warranty

Beatriz Diaz (Sole Trader) expresses no views as to the truth or falsity of any statement made in the translation, and does not guarantee the authenticity of the document from which the translation was made.

Beatriz Diaz (Sole Trader) gives no warranty in relation to the translation other than any warranty that may be implied pursuant to the Trade Practices Act, 1974. Beatriz Diaz (Sole Trader) and their servants, agents and contractors shall not be liable, except pursuant to any such implied warranty, for any damage, loss or injury arising or resulting directly or indirectly from any person’s use of or reliance on this translation, whether or not such use or reliance results from information or advice given whether negligently or otherwise.

The Client expressly agrees that use of the service is at the Client’s sole risk. Beatriz Diaz (Sole Trader) expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchant ability, fitness for a particular purpose, and non-infringement. Beatriz Diaz (Sole Trader) makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does Beatriz Diaz (Sole Trader) 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. Beatriz Diaz (Sole Trader) 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 Client from Beatriz Diaz (Sole Trader) or through the service shall create any warranty not expressly made herein.

Governing law

This agreement shall be governed and construed in accordance with the Laws of Australia.

Late delivery

Beatriz Diaz (Sole Trader) will do their best to deliver the Client’s translation on time. In case of an unforeseen delay, Beatriz Diaz (Sole Trader) will advise the Client of the delay as early as possible. Late delivery does, however, not entitle the Client to a cancellation. The refund for any late delivery is set at 10% of the order value.

Change requests

Beatriz Diaz (Sole Trader) 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 Beatriz Diaz (Sole Trader) 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.