Full Terms and Conditions
These ‘Terms & Conditions’ shall govern the legal relationship between Tranzearly Ltd and the Client, and shall supersede any terms and conditions of the Client.
Translations, Proofreading and Editing (“Deliverables”)
- Quotes are valid for a standard duration of 30 days from the quotation date unless otherwise stated on the quote form. A formal written acceptance of the quote is necessary for work to begin.
- Quotes are based on the Client’s source material and instructions. The word count is always done in the source language with the help of a recognised word processing software (Microsoft Office, for instance) and determines the quoted price. Although every effort is made for quotes to be as accurate as possible, Tranzearly Ltd reserves the right to revise quotes if the deliverable requires significantly more work than expected. Tranzearly Ltd reserves the right to push back the delivery date to accommodate this and will notify the Client of the revised delivery date. If the Client does not approve of the revisions, Tranzearly Ltd will invoice for the work completed to date.
- By accepting the quote, the Client accepts the Terms and Conditions as outlined on this website, and this forms the basis of the “agreement” between Tranzearly Ltd and the Client.
- After acceptance of the quote by the Client, Tranzearly Ltd will acknowledge the assignment and will commit to a delivery date. Tranzearly Ltd reserves the right to outsource assignments to meet delivery deadlines. Contractors will be carefully selected by Tranzearly Ltd and will be bound by the same Terms and Conditions. All outsourced work will be reviewed in-house.
- In the event that the party signing the Agreement (Quote) differs from the Client with whom Tranzearly Ltd intended to enter into an agreement, Tranzearly Ltd, at their discretion, reserve the right to either: cancel the agreement and invoice for disbursements; modify the payment terms and conditions; or revise the cost for services.
Deadlines and Delivery
- Tranzearly Ltd will make every effort to meet agreed deadlines. However, Tranzearly Ltd reserves the right to change deadlines if the nature or extent of the work undertaken differs significantly from the agreement. In this instance, Tranzearly Ltd will notify the Client of the new delivery date.
- Any delay in supplying the source material may also push back the delivery date at the discretion of Tranzearly Ltd.
- If a fixed delivery date is specifically agreed in writing and if Tranzearly Ltd fails to meet it for reasons other than circumstances beyond its control (force majeure), and if the Client cannot reasonably be expected to accept any further delay, the Client shall be entitled to cancel the contract unilaterally. In such cases, however, Tranzearly Ltd shall not be required to pay any compensation whatsoever. Such cancellations shall not affect the obligation on the part of the Client to pay for the work already performed.
- Unless otherwise agreed between Tranzearly Ltd and the Client, deliverables will be sent electronically.
- Delivery will be deemed to have taken place at the moment when the deliverable is dispatched.
- Methods of delivery, other than electronic, will incur additional charges.
- New Clients are required to provide 30% deposit on acceptance of the quote. Returning Clients may arrange for customised terms with Tranzearly Ltd directly.
- Large projects (books, manuals, etc.) require both a deposit and interim payment(s) according to a pre-arranged payment schedule.
- Payment Deadline: The Client specifically agrees to Tranzearly Ltd’s payment schedule as detailed on the invoice. Where the Client’s payment schedule exceeds the deadline stipulated by Tranzearly Ltd, the payment schedule of Tranzearly Ltd will apply.
- Where Tranzearly explicitly accepts the Client’s payment terms, Tranzearly Ltd reserves the right to add a financial surcharge for this arrangement. This financial surcharge will be set according to the duration and amount of the credit granted. This arrangement does not cover any disbursements (see paragraph 45) where different payment terms apply.
- Full payment is expected by the payment date specified on the invoice. Where payments are not received in full by the due date, a Tax Invoice Reminder will be sent to the Client which will include a late payment fee of 5% and an additional service charge of 25 NZD or 15 EUR.
- Where the full payment remains outstanding, further reminders will be issued on the 1st of every month. Compounded late payment fees and service charges will apply until full payment is received. The Client is liable to pay the full amount as per the most recent invoice issued.
- Foreign Currencies and International Wire Transfers: Tranzearly Ltd will invoice in New Zealand dollars or in euros. Any payments initiated in other currencies that are subject to fluctuations in foreign exchange rates, need to cover the full amount in the invoiced currency. Tranzearly Ltd reserves the right to issue a corrective invoice for any shortfall due to currency fluctuations and bank transfer fees, based on the net amount received.
- Disbursements: If Tranzearly Ltd is required to make bookings and fund travel and accommodation prior to an interpretation event (airfare, shuttle, taxi, hotel, etc.), these disbursements will be passed onto the Client separately from the interpretation invoice. The Client agrees to reimburse Tranzearly Ltd for these costs within 7 days.
- Due to the delays occurring for some international bank transfers, it is recommended that Clients take the appropriate steps to ensure that the full payment is received by the due date.
Warranties and Liabilities
- Tranzearly Ltd will endeavour to translate as accurately as possible and according to the principles and ethics of AUSIT, NZSTI and EN 15038, and within the agreed timeframe. However, all translations can vary linguistically depending on their nature and purpose, the target audience and the source text. The fact that there is more than one interpretation of the source material and that it could be translated differently does not entitle the Client to refuse payment or reject the final translation as unsatisfactory.
- Tranzearly Ltd accepts no liability for any subsequent changes made by the Client to the final translation regardless of their nature and whether they are made to the text, layout or formatting.
- The Client shall raise any issues regarding the deliverables within 10 days of dispatch.
- Lodging a complaint shall not release a Client from its payment obligations.
- Any requests for reviews will be undertaken for an appropriate fee to be agreed between the Client and Tranzearly Ltd.
- Tranzearly Ltd shall not be liable for any loss of profits, business, contracts, revenue, damage to the Client’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 deliverable.
- Tranzearly Ltd is not liable for any views presented in the source material nor the deliverable. These views are the sole responsibility of the Client.
- Tranzearly Ltd does not currently offer layout services. Should the source material include images, graphics and insertions, it is understood that Tranzearly Ltd will only handle the text parts.
- The original English texts of these Terms and Conditions shall prevail over versions published in any other language.
- Any dispute between the Client and Tranzearly Ltd shall be governed by New Zealand law. The place of jurisdiction is Wellington.
- The Client guarantees that the source material and deliverable do not infringe any intellectual property rights.
- The Client will indemnify Tranzearly Ltd for any costs, claims, or damages arising out of the agreement, including, but not limited to, management time, legal fees, and may at its own cost defend or settle, any claim, action or proceeding brought against Tranzearly Ltd, based upon a claim of intellectual property rights infringement in relation to the source material or the deliverable.
- The intellectual property in the deliverable shall vest in the Client once full payment has been received.
- Tranzearly Ltd is entitled to retain one copy of the source material and deliverable free of charge for internal business use only (for example, as future reference material). The same applies if the Client refuses payment for the deliverable or rejects it as unsatisfactory.
- Bookings: Tranzearly Ltd currently accepts bookings for: one hour (up to 60 minutes); half a day (up to 3 hours); a full day (up to 6 hours, regardless of starting time); several consecutive days (not exceeding 6 hours per day). All additional hours charged at a separate hourly rate. Minimum charge is for 1 hour.
- Availability: The Client is required to book an interpreter at least 72 hours in advance of the event. An event is the location, time, duration and purpose of the interpretation assignment. A quote and confirmation of availability will be sent to the Client.
- Acceptance: By accepting the quote (via email, phone, text, etc.), the Client is bound by Tranzearly Ltd’s Terms and Conditions.
- Equipment: Where an accepted quote includes hire of interpretation equipment, and the equipment is not used, the hire fee is chargeable in full.
- Interpreting Time: The Client accepts that the following time will be invoiced in full: briefing sessions; interpreting time; on-site waiting time; travelling time to and from events; interpreting during a meal/refreshment break. The interpreter may require the client to sign a time sheet for verification purposes.
- Comfort: The Client will allow for a 10-minute break after 90 minutes of interpretation. Water will be made available to the interpreter for the duration of the event. If the interpreter is to accompany a delegation, it is understood that he stays at the same hotel and travels with the delegation. If said hotel is fully booked, the Client agrees to the interpreter staying at the closest possible hotel of the same or higher category, even if the cost is potentially higher. In this instance, Tranzearly Ltd will not be subject to any per diem restrictions applying to members of the delegation.
- Extra Time: Should the event exceed 6 hours of interpretation, the extra time (in hourly increments) will be invoiced separately at Tranzearly Ltd’s standard hourly rate.
- Surcharge: Bookings made for weekends, public holidays and between 8pm – 7am (New Zealand time) incur a 30% surcharge.
- Preparation: The Client accepts to provide Tranzearly Ltd with all relevant information and materials in both languages (agenda, minutes of previous meetings, brochures, reports, speeches, video transcriptions, negotiation material, etc.) at least 48 hours prior to the event to help the interpreter research the appropriate terminology.
- Scope of Work: During the event, the interpreter is engaged in spoken language only. Should the event involve the interpreter in on-site translation/proof-reading/editing of documents, Tranzearly Ltd shall invoice for this additional service as well. By undertaking this additional service, it is understood that the Client has agreed to remunerate Tranzearly Ltd for the actual work carried out.
- Disbursements: Tranzearly Ltd will issue a separate invoice for any disbursements incurred prior to an interpretation event.
- Cancellation by the Client: In the event of cancellation by the Client of an agreed booking (quote signed by the Client, booking over the telephone, or confirmation of booking via email), the Client agrees to pay 100% of the quoted cost.
- Cancellation by Tranzearly Ltd:
i. Health and Safety: Where the health and safety of Tranzearly Ltd personnel and/or contractors is compromised, we reserve the right to cancel the agreement, at any time, before or during the event. The Client will not hold Tranzearly Ltd liable for any costs or damages they incur due to this cancellation. The Client will be liable for the full amount quoted.
ii. Illness and/or Accident: Where Tranzearly Ltd is unable to deliver the agreed Scope of Service due to unforeseen circumstances, such as illness and/or accident, etc., Tranzearly Ltd will, at our discretion, make reasonable efforts to make alternative arrangements at no extra costs to the Client, or cancel the agreement and refund the deposit in full.
- Force Majeure: In the event of Force Majeure, Tranzearly Ltd will not be liable for any costs or damages incurred by the Client as a result of Tranzearly Ltd not being able to deliver their Services. Cases of Force Majeure include: an act of God, tsunami, flood, landslide, earthquake, fire, explosion, war (whether or not declared), severe weather conditions, insurrection, civil commotion, blockade, terrorism, sabotage, piracy, epidemic, quarantine restriction, disturbance in supplies from normally reliable sources (including, for example electricity, water and fuel), strike, lockout or work stoppage, non-issuance or delayed issuance of any permit and government action or inaction, including, for example, in connection with customs clearance.
- Change of Scope of Services and/or Working Conditions: In the event that the Client or a third party modifies the working conditions of an assignment or the Scope of Services for interpretation, and this modification would have resulted in a higher quote, Tranzearly Ltd reserves the right to:
i. accept the modified conditions and invoice the Client for the higher amount accordingly, without having to provide a revised quote
ii. cancel the agreement without liability
iii. withdraw from the on-going assignment without liability
In all aforementioned instances, and following the acceptance of the original quote, Tranzearly Ltd reserves the right to invoice the quoted amount in full and to add any disbursements incurred as a result of such modifications/change of scope of service.
- Refund of Deposit: In the event of cancellation by Tranzearly Ltd, where a deposit has been received, Tranzearly Ltd will refund the deposit paid less any remuneration for work already undertaken and/or for disbursements incurred by or for which Tranzearly Ltd is liable due to contractual obligations as a result of cancellation.
- Scope of Services: It is understood and accepted that all documents, diagrams, emails exchanged between Tranzearly Ltd and the Client form the basis of the agreement unless explicitly stated on the agreed quotation.
In the Wellington area:
- A call-out fee will be charged for events in the Wellington area. Parking fees will be charged at cost.
Outside the Wellington area:
- Tranzearly Ltd will invoice the Client for all travel and accommodation costs.
- Where original travel plans are disrupted due to extended work hours, Tranzearly Ltd reserves the right to invoice the Client for additional accommodation and/or transportation costs.
- Tranzearly Ltd’s interpreter shall abide by the Code of Ethics of AUSIT and NZSTI. Tranzearly Ltd will remain neutral during the event, and will put forward only those ideas, concepts and opinions as instructed by the Client. The content of all interpretations, as well as provided materials, will remain confidential.
- Names of Clients and the content of source material will be kept confidential by Tranzearly Ltd. Tranzearly Ltd reserves the right to use Client feedback in their promotional material.
- Clients purchasing an automatic transcription service are advised that payment is due even if the result is not entirely satisfactory for their purpose. Automatic transcription is software-generated and yields results of varying quality depending on the clarity of the source recording and other factors. This variation is reflected in the pricing of this service.
- Clients purchasing a human-based transcription service can be assured that all work will be handled by native speakers of the language concerned (initially, only English and French). External factors such as the number of speakers on the recording, strong accents, non-native speakers, distance to the microphone and generally, the quality of the recording, will be taken into account for establishing a fair pricing. Clients will be apprised of any adjustment of the pricing initially quoted and will be able to withdraw from the order in case of increasing cost. All work already done for the client will be invoiced at the quoted rate and is due in full.
- Clients ordering a human-based transcription after having received an unsatisfactory result of software-generated automatic transcription will be entitled to a discount for the upgraded service, at the discretion of Tranzearly Ltd.