Insighter – Service Agreement

Parties
This Agreement is between:

  • Insighter (ABN 58 931 243 834, “Insighter”), and
  • the individual or entity accepting a Purchase Order from Insighter (“Translator”).

1. Agreement Formation

1.1. By accepting a Purchase Order (“PO”) from Insighter, the Translator agrees to be bound by these Terms & Conditions.

1.2. These terms apply to all projects performed for Insighter unless otherwise agreed in writing.

2. Services

2.1. The Translator shall provide translation or related linguistic services as specified in the PO.

2.2. Services must be delivered by the agreed deadline, in accordance with professional standards and any project instructions provided by Insighter.

3. Confidentiality

3.1. The Translator must treat all materials, information, and client data received from Insighter as strictly confidential.

3.2. The Translator may use secure third-party technology tools (e.g. CAT tools, secure file transfer, cloud storage) solely for the purpose of performing the Services, provided that:

  • appropriate confidentiality and data protection safeguards are in place,
  • client data is not used for training or made publicly available, and
  • the Translator remains fully responsible for compliance with these confidentiality obligations.

3.3. These confidentiality obligations continue after the completion of the project.

4. Data Security and Privacy (APP 11 Compliance)

4.1. The Translator must take reasonable steps to protect project files and client data from unauthorised access, loss, or misuse.

4.2. Files shall be stored securely (e.g., password-protected devices, encrypted storage).

4.3. Project files (source texts, translations, and working documents) are retained for up to 90 days after delivery, after which they must be permanently deleted. Administrative records (such as project descriptions, delivery dates, and client names) may be retained for business purposes.

4.4. When using secure third-party tools, the Translator must ensure that storage and processing comply with these confidentiality and deletion requirements.

4.5. The Translator must confirm deletion upon request.

4.6. The Translator must notify Insighter in writing if they intend to perform any Services from a location outside Australia. Insighter reserves the right to approve or decline any assignment that would involve cross-border access to client data or files.

5. Intellectual Property

5.1. All intellectual property rights in the work produced under these terms are assigned to Insighter upon delivery and full payment.

5.2. The Translator retains no ownership rights in the translations or related deliverables.

6. Payment

6.1. Payment terms will be specified in each PO.

6.2. Invoices must reference the relevant PO number.

6.3. Payment will be made in accordance with agreed timelines, subject to satisfactory delivery of services.

7. Professional Standards

7.1. The Translator will use reasonable skill and care to deliver translations that meet professional standards of accuracy, appropriate terminology, natural style, and are free from material errors.

7.2. Where third-party technology tools are used under clause 3.2, the Translator must ensure that all output is fully reviewed, corrected, and edited. The Translator remains fully responsible for the accuracy, style, and overall quality of the final deliverables.

7.3. The Translator must perform all services personally unless Insighter has given written consent to subcontract further.

8. Error Correction & Revisions

8.1 Translator Obligations: The Translator must, at no additional cost, promptly correct any material errors identified in the delivered translation. Completion of the assignment will be deemed to occur upon delivery of the translation, provided that any such material errors are corrected. One round of corrections based on reasonable client feedback is included, provided such corrections do not alter the agreed scope of work beyond the original assignment. Any corrections or revisions requested after this period, or outside the agreed scope, may be subject to a separate agreement between Insighter and the Translator.

9. Termination

9.1. Insighter may terminate an assignment at any time if the Translator breaches these terms or fails to deliver satisfactory work.

9.2. Termination does not affect accrued rights or obligations.

10. Governing Law

10.1. These terms are governed by the laws of Australia.

10.2. Any disputes shall be subject to the exclusive jurisdiction of the courts of Australia.