Terms of Service
Last Updated: December 2024
1. General Terms
- Australian Translations Pty Ltd ("Australian Translations", "we", "us", or "our"), a company incorporated in Australia (ABN: 47 685 314 274), operates the website www.australiantranslations.com.au (the "Website") and provides NAATI certified translation services.
- These terms of service, together with our Privacy Policy, constitute the entire agreement between you and Australian Translations regarding your use of our services.
- By placing an order, uploading documents, or using our services in any manner, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.
- We reserve the right to modify these terms at any time without prior notice. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the new terms.
- If you do not agree with any part of these terms, you must immediately cease using our services.
- These terms are governed by Australian Consumer Law and the laws of Victoria, Australia.
2. Services Provided
- We provide NAATI certified translation services for various document types including but not limited to:
- Personal documents (birth, marriage, death certificates)
- Academic documents (transcripts, diplomas, certificates)
- Legal documents (contracts, court orders, statutory declarations)
- Immigration documents (visas, citizenship certificates)
- Business documents (incorporation certificates, financial statements)
- Medical documents and reports
- Driver's licences and identification documents
- All translations are performed by NAATI certified translators in accordance with NAATI standards and professional translation practices.
- We offer three service levels: Self-Service Extract ($24.95), Extract Translation ($59.95), and Full Document Translation ($89.95).
- We reserve the absolute right to refuse any translation request at our sole discretion, including but not limited to documents that are illegible, incomplete, damaged, potentially fraudulent, or inappropriate in content.
- Our services are provided on an "as is" and "as available" basis without any warranties or guarantees beyond those required by Australian Consumer Law.
3. Payment Terms
- Payment is required in full before commencement of any translation services.
- We accept Visa and Mastercard payment methods only through our secure payment gateway.
- All prices are displayed in Australian Dollars (AUD) and include applicable service fees and GST where applicable.
- Prices are subject to change without notice, but changes will not affect orders already placed and paid for.
- Additional charges may apply for rush orders, complex documents, documents requiring special formatting, or documents exceeding standard page limits.
- All payments are processed through third-party payment processors, and we are not responsible for any payment processing errors or delays.
- By making payment, you confirm that you are authorised to use the payment method and that all payment information provided is accurate.
4. Refund Policy
- No refunds will be provided once translation work has commenced. This includes situations where a translator has been assigned, has begun reviewing your documents, or has started any aspect of the translation process.
- Absolutely no change of mind refunds will be issued after services have been provided or commenced, regardless of circumstances.
- No refunds will be provided for completed work, even if the customer is dissatisfied with the translation, subject to our quality guarantee provisions below.
- Refunds will only be considered in the following limited circumstances:
- We are unable to complete the translation due to technical issues on our end that cannot be resolved
- We determine that the document cannot be translated due to poor quality, illegibility, or technical limitations
- Duplicate payment has been made in error by the customer
- We fail to commence work within 7 days of payment without reasonable explanation
- All refund requests must be made within 7 days of the original order date and before any translation work has commenced.
- Refunds, where applicable, will be processed to the original payment method within 5-10 business days, less any applicable processing fees.
- This refund policy operates within the framework of Australian Consumer Law, and nothing in these terms limits your statutory rights as a consumer.
5. Turnaround Times and Delivery
- Turnaround times are estimates only and may vary based on document complexity, translator availability, workload, and other factors beyond our control.
- Standard turnaround times (estimates only):
- Self-Service Extract: 24 hours
- Extract Translation: 24 hours
- Full Document Translation: 24-48 hours
- Public holidays, weekends, high demand periods, translator availability, and technical issues may significantly affect delivery times.
- We will endeavour to meet stated timeframes but do not guarantee delivery by any specific date or time.
- We are not liable for any delays in delivery or any consequences arising from such delays.
- Completed translations will be delivered electronically via email or through our secure customer portal.
- It is your responsibility to ensure that your email address is correct and that our emails are not blocked by spam filters.
6. Quality Assurance and Accuracy
- Whilst we strive to provide accurate translations, we cannot and do not guarantee that translations will be completely error-free.
- Translation accuracy is inherently dependent on the quality, legibility, completeness, and clarity of source documents provided by the customer.
- We reserve the right to refuse translation of documents that are illegible, incomplete, damaged, of poor quality, or otherwise unsuitable for translation.
- Minor errors or omissions may be corrected at no additional charge if reported within 7 days of delivery, subject to our assessment of the error.
- Any corrections requested after 7 days, or corrections deemed to be outside the scope of our original service, may incur additional charges.
- We do not warrant that our translations will be suitable for any particular purpose or will meet specific requirements unless expressly agreed in writing.
- The customer acknowledges that translation is an interpretive process and that different translators may produce different but equally valid translations of the same document.
7. Document Acceptance and Customer Responsibilities
- We are not responsible and accept no liability if translated documents are not accepted by government agencies, institutions, educational bodies, employers, or any third parties, even if the translation is NAATI certified.
- Different organisations may have varying and changing requirements for document acceptance, and these requirements may change without notice to us or you.
- It is entirely the customer's responsibility to:
- Verify that NAATI certified translations meet the specific requirements of the intended recipient before ordering
- Check all information in the translated document for accuracy and completeness before use
- Ensure that all personal details, dates, names, and other information are correct and match your requirements
- Contact us immediately if any discrepancies are found
- Confirm with the receiving organisation their specific translation and certification requirements
- We strongly recommend contacting the receiving organisation directly to confirm their specific translation requirements before placing an order.
- Customers must provide clear, legible, complete copies of original documents. Poor quality scans, photographs, or incomplete documents may result in translation errors or inability to complete the translation.
- You warrant that you have the legal right to provide documents for translation and that the documents are genuine and not fraudulent.
- You are responsible for ensuring that any personal information in documents is accurate and up-to-date.
8. Limitation of Liability
- To the maximum extent permitted by law, our total liability for any claim arising from our services is limited to the amount paid for the specific translation service giving rise to the claim.
- We are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Visa or application rejections or delays
- Delays in processing applications or approvals
- Legal fees, court costs, or other professional expenses
- Travel expenses or accommodation costs
- Emotional distress or inconvenience
- Any other economic or non-economic losses
- We do not warrant that our services will be uninterrupted, error-free, or meet your specific requirements or expectations.
- We are not responsible for any technical issues, including but not limited to internet connectivity problems, email delivery failures, system downtime, or third-party service interruptions.
- This limitation of liability applies regardless of the legal theory upon which the claim is based, including contract, tort, negligence, or otherwise.
- Nothing in these terms limits liability that cannot be excluded under Australian Consumer Law, including liability for death or personal injury caused by negligence.
9. Confidentiality and Data Protection
- We treat all customer documents and personal information as confidential and will not disclose them to third parties except as required by law or with your consent.
- Documents are stored securely, and access is restricted to authorised personnel only who require access to complete the translation services.
- We implement reasonable security measures to protect your information, but cannot guarantee absolute security.
- Documents and related information may be retained for record-keeping, quality assurance, and legal compliance purposes in accordance with our Privacy Policy.
- You are responsible for ensuring you have the legal right to provide documents for translation and that doing so does not breach any confidentiality obligations you may have.
- Our confidentiality obligations do not extend to information that is publicly available or becomes publicly available through no breach by us.
10. Intellectual Property
- All intellectual property rights in our website, software, translation methodology, and proprietary materials remain with Australian Translations or our licensors.
- You retain ownership of your original documents and receive ownership of the translated documents upon full payment.
- You grant us a non-exclusive licence to use your documents solely for the purpose of providing translation services.
- You may not reproduce, distribute, modify, or create derivative works from our website, software, or proprietary materials without express written permission.
- Our NAATI certification stamps, translator credentials, and company logos may not be reproduced, copied, or used without explicit authorisation.
- Any feedback or suggestions you provide may be used by us without restriction or compensation.
11. Force Majeure
- We shall not be liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, extreme weather events, or environmental catastrophes
- Government actions, new regulations, restrictions, or changes in law
- War, terrorism, civil unrest, or political instability
- Labour disputes, strikes, or industrial action
- Technical failures, cyber attacks, or system outages
- Pandemic, epidemic, or other health emergencies
- Supplier failures or third-party service interruptions
- In such events, we will make reasonable efforts to minimise delays and notify customers as soon as practicable.
- If force majeure events continue for more than 30 days, either party may terminate the agreement with written notice.
12. Termination
- We may terminate or suspend your access to our services immediately, without notice, for any breach of these terms or for any other reason at our sole discretion.
- You may terminate your use of our services at any time by ceasing to use our website and services, subject to these terms regarding work in progress.
- Upon termination, you remain liable for all charges incurred up to the date of termination.
- Termination does not affect any accrued rights, obligations, or liabilities of either party.
- Provisions of these terms that by their nature should survive termination shall remain in effect, including but not limited to liability limitations, intellectual property rights, and dispute resolution clauses.
13. Australian Consumer Law
- Nothing in these terms excludes, restricts, or modifies any consumer rights under Australian Consumer Law that cannot be excluded, restricted, or modified.
- Where Australian Consumer Law applies and permits us to limit our liability, our liability is limited to (at our option):
- Re-supplying the services; or
- Paying the cost of having the services re-supplied
- If you are a consumer under Australian Consumer Law, you may have rights to a refund, replacement, or repair if our services fail to meet consumer guarantees.
- For major failures with the service, you have the right to cancel your service contract and obtain a refund or to receive compensation for the drop in value below the price paid.
- You also have the right to have the service rectified at no cost within a reasonable time if it fails to meet the consumer guarantee.
14. Dispute Resolution
- Any disputes arising from these terms or our services should first be raised with us in writing to allow for resolution through good faith negotiations.
- If a dispute cannot be resolved through direct negotiation within 30 days, it may be referred to mediation through a recognised mediation service.
- If mediation fails, disputes may be referred to arbitration or court proceedings as appropriate.
- This agreement is governed by the laws of Victoria, Australia, and the Commonwealth of Australia.
- Any legal proceedings must be commenced in the courts of Victoria, Australia, and you consent to the jurisdiction of those courts.
- Each party bears its own legal costs unless otherwise ordered by a court or tribunal.
15. Miscellaneous
- If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
- Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
- These terms constitute the entire agreement between you and Australian Translations regarding our services and supersede all prior agreements and understandings.
- You may not assign, transfer, or delegate your rights or obligations under these terms without our prior written consent.
- We may assign these terms or any rights hereunder without restriction.
- All notices must be in writing and delivered to the addresses specified in these terms.
- These terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
16. Contact Information
If you have any questions about these Terms of Service, please contact us:
- Email: info@australiantranslations.com.au
- Phone: 1300 521 547
- Address: 141/10 St Mangos Ln, Docklands VIC 3008, Australia
- ABN: 47 685 314 274
Important Notice: By using our services, you acknowledge that you have read and understood these terms, particularly regarding our refund policy, liability limitations, and your responsibilities as a customer. These terms are designed to protect both parties whilst ensuring compliance with Australian Consumer Law.