Terms and Conditions

1.1. Service Authorisation: To proceed with any quoted service, the Client must provide written authorisation via email or other written communication confirming acceptance of the proposed work.

1.2. Agreement Formation: By authorising work to commence, the Client agrees to be bound by these terms and conditions, including all pricing, timelines, and service specifications outlined in the quotation.

1.3. Client Responsibility: The authorising party (the Client) assumes full financial responsibility for all charges related to the authorised services. Payment obligations to Insighter are unconditional and not dependent upon the Client’s receipt of funds from any third party.

2.1. Source Materials: The Client must provide source materials in a clear, accessible format suitable for translation. Materials must be legible and complete.

2.2. Rights and Ownership: The Client warrants that they own or have the necessary rights to translate the materials provided and that such materials do not infringe any third-party intellectual property rights.

2.3. Material Accuracy: The Client warrants that source materials are accurate and complete to the best of their knowledge. Insighter is not responsible for errors arising from inaccurate or incomplete source materials.

2.4. Authority: The Client warrants that the authorising party has the necessary authority to engage Insighter’s services and bind the Client to these terms.

3.1. Scope Variations: Insighter is obligated to perform work as defined in the original quotation. If the project requires substantially more effort than initially assessed, or if the Client requests modifications that alter the work volume, Insighter reserves the right to adjust pricing and delivery schedules.

3.2. Change Management: When scope changes are identified, Insighter will provide a revised quotation reflecting the adjusted work requirements. Project work will pause until the revised terms are accepted in writing.

4.1. Translation Standards: Insighter warrants that translations will be performed by qualified translators and will accurately convey the meaning of the source material to the best of professional ability.

4.2. Use of Technology & Tools: Insighter may use tools in providing translations. These tools are used under strict confidentiality and data protection standards. Any output from such tools will be reviewed, corrected, and edited by qualified translators to ensure accuracy, appropriate terminology, natural style, and overall quality.

4.3. Linguistic Limitations: The Client acknowledges that translation involves interpretation and that exact word-for-word equivalents may not exist between languages. Translations are subject to inherent linguistic limitations, cultural context considerations, and regional variations.

4.4. No Interpretation Liability: Insighter is not responsible for subjective interpretations, cultural nuances, or preferred terminology in translations, unless explicitly agreed upon in writing.

4.5. Review & Acceptance: The Client has 7 days from delivery to review translations and request corrections for factual errors. After this period, translations are deemed accepted. The review period may be extended by mutual written agreement.

4.6. Revision Scope: Revisions are limited to factual translation errors. Changes in style preferences, terminology choices, or formatting requests may incur additional charges.

5.1. Delivery Method: Translations will be delivered in the format specified in the quotation, normally by email or secure file transfer, unless otherwise agreed in writing.

5.2. File Retention: Insighter securely retains project files (such as source texts, translations, and working drafts) for up to 90 days after completion. After this period, project files are deleted. The Client is responsible for maintaining their own copies of all deliverables. Insighter may retain administrative records (including client names, project descriptions, purchase orders, invoices, and delivery dates) beyond this period where required for business, accounting, or compliance purposes.

5.3. Client Acceptance: Failure to raise concerns within the review period specified in clause 4.5 constitutes acceptance of the translation by the Client.

6.1. Mutual Confidentiality: Both parties agree to maintain the confidentiality of all materials and information exchanged during the engagement. Insighter may use secure third-party tools solely for the purpose of performing the services, provided that appropriate confidentiality and data protection safeguards are in place.

6.2. Return of Materials: Upon completion or termination of services, Insighter will return or securely destroy confidential materials where applicable and upon the Client’s request, subject to clause 5.2.

6.3. Marketing Use: Insighter will only use work for marketing or training purposes where the Client has provided prior written consent.

7.1. Cancellation Fees: Orders cancelled after work has begun will incur charges proportional to the resources committed and work completed, with a minimum charge of $100. For projects valued under $100, the full quoted amount becomes due upon cancellation.

8.1. Payment Terms & Work Commencement: Project work will begin only upon receipt of full payment and written authorisation, unless an alternative payment arrangement (e.g., deposit or agreed invoicing terms) has been explicitly agreed in writing by Insighter.

8.2. Invoice Issuance: Insighter will issue an invoice reflecting the agreed work, payable in accordance with clause 8.1.

8.3. Price Adjustments: Final invoiced amounts may differ from initial quotations due to scope changes as described in clauses 3.1 and 3.2.

8.4. Late Payment: Overdue accounts may be subject to interest charges and collection costs.

9.1. Dispute Resolution: The parties agree to attempt to resolve any dispute arising under or in connection with these terms through good-faith negotiation. If the dispute cannot be resolved, it shall be submitted to the courts of Victoria, Australia.

9.2. Governing Law: These terms are governed by the laws of Victoria, Australia.

9.3. Consumer Rights: These terms do not affect the Client’s legal rights as a consumer under Australian consumer protection laws, including the Competition and Consumer Act 2010 (Cth).

9.4. Limitation of Liability: To the maximum extent permitted by law:

• Insighter’s total liability for any claim arising from or in connection with these services is limited to the total amount paid by the Client for the specific services giving rise to the claim.
• Insighter is not liable for any indirect, consequential, special, or punitive loss, including loss of profits, revenue, data, or opportunity.
• Insighter is not liable for errors arising from inaccurate, incomplete, or illegible source materials provided by the Client.
• Insighter excludes all warranties, representations, and guarantees not expressly set out in these Terms.
• Nothing in this clause limits rights that cannot lawfully be excluded under Australian consumer protection laws.

9.5. Privacy: Insighter will handle personal information in accordance with applicable privacy laws and its Privacy Policy (available on request).

9.6. Force Majeure: Insighter is not liable for any delay or failure to perform due to circumstances beyond its reasonable control that materially impact service delivery.