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 the provision of translation or interpreting services. Materials must be legible and complete.

2.2. Rights and Ownership: The Client warrants that they own or have the necessary rights to translate or interpret 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: Translations are performed by qualified translators engaged by Insighter and will convey the meaning of the source material to the best of professional ability.

4.2. Use of Technology & Tools: Insighter may use technology tools when providing translation services. These tools are used under strict confidentiality and data protection standards. Any output generated using such tools will be reviewed and edited by qualified translators to ensure accuracy, terminology consistency, 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 translation errors. After this period, translations are deemed accepted unless otherwise agreed.

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

4A.1. Interpreter Engagement: Where interpreting services are requested, Insighter will use reasonable efforts to arrange a suitably qualified interpreter for the agreed date, time, and format (onsite, telephone, or video). While Insighter will make reasonable efforts to ensure interpreter attendance, it does not guarantee interpreter availability or arrival times in circumstances beyond its reasonable control.

4A.2. Substitute Interpreter: If the originally assigned interpreter becomes unavailable due to illness, emergency, transport disruption, or other unforeseen circumstances, Insighter may arrange a suitably qualified substitute interpreter, if available.

4A.3. Interpreter Role and Limitations: Interpreters facilitate communication between parties by conveying spoken meaning between languages. Interpreters do not provide advice, explanations, or opinions and are not responsible for decisions made or actions taken by any party based on interpreted communication.

4A.4. Session Duration and Overtime: If an interpreting assignment exceeds the booked duration, additional time may be charged in accordance with the rates specified in the quotation.

4A.5. Client Delays: Where delays occur due to the Client or third parties (including late starts, waiting time, or schedule changes), the booked time remains chargeable.

4A.6. Recording of Interpreting Sessions: Interpreting sessions may only be recorded with the knowledge and consent of the interpreter and all relevant parties unless recording is required by law or by a competent authority.

4A.7. Interpreter Safety and Professional Conduct: Interpreters may withdraw from an assignment where they reasonably believe the environment is unsafe, abusive, unlawful, or otherwise inappropriate for professional services. Charges for time already committed may still apply.

4A.8. Interpreting Accuracy: Interpreting is performed in real time and involves the immediate transfer of spoken meaning between languages. While interpreters act to convey communication accurately and impartially, minor omissions, variations in phrasing, or differences in expression may occur due to the nature of live communication.

4A.9. Changes to Interpreting Assignments: Where the Client changes the scheduled time, location, or format of an interpreting assignment after confirmation, Insighter reserves the right to revise the quotation or apply additional charges reflecting the change in scope.

4A.10. Client Responsibility for Suitable Conditions: The Client is responsible for ensuring that the interpreting environment is suitable for effective communication, including appropriate equipment, connectivity for remote interpreting, and reasonable speaking conditions. Insighter is not responsible for reduced interpreting quality caused by technical issues or unsuitable environments beyond its control.

5.1. Delivery Method: Translations will be delivered in the format specified in the quotation, typically via email or secure electronic transfer unless otherwise agreed.

5.2. File Retention: Insighter securely retains project files (including source texts, translations, and working drafts) _ for approximately 90 days after completion. After this period, project files are routinely deleted as part of Insighter’s data minimisation practices. 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 constitutes acceptance of the delivered translation.

6.1. Mutual Confidentiality: Both parties agree to maintain the confidentiality of all materials and information exchanged during the engagement.

6.2. Return or Destruction of Materials: Upon completion of services, Insighter will return or securely destroy confidential materials upon 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.

Orders cancelled after work has begun (for translation services) or after interpreter time has been reserved (for interpreting services) may incur charges proportional to the resources committed and work completed.

A minimum administrative charge of $100 may apply to cancelled assignments where work preparation or scheduling has already occurred.

For projects valued under $100, the full quoted amount becomes due upon cancellation.

8.1. Work Commencement: Project work will begin only upon receipt of full payment and written authorisation unless alternative payment arrangements have been agreed in writing.

8.2. Invoice Issuance: Insighter will issue an invoice reflecting the agreed work.

8.3. Price Adjustments: Final invoiced amounts may differ from initial quotations where scope changes occur.

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 disputes through good-faith negotiation before pursuing legal remedies.

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 rights under Australian consumer protection law, 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 services is limited to the amount paid for the specific service.
• Insighter is not liable for indirect, consequential, or economic loss including loss of profits or opportunity.
• Insighter is not liable for errors arising from inaccurate or incomplete materials supplied by the Client.

Nothing in this clause limits rights that cannot be excluded under Australian law.

9.5. Privacy: Insighter handles personal information in accordance with applicable privacy laws and its Privacy Policy.

9.6. Force Majeure: Insighter is not liable for delay or failure to perform due to circumstances beyond its reasonable control.