Terms & Conditions

Our full ‘Terms & Conditions’ are set out below

General

These ‘Terms & Conditions’ shall govern the legal relationship between Japanese Solutions LTD and the Client, and shall supersede any terms and conditions of the Client.

Translation,Proof reading and Editing (“Deliverables”)

Quotes

1. 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.

2. 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 computer assisted translation tool (namely SDL Trados) and determines the quoted price. Although every effort is made for quotes to be as accurate as possible, Japanese Solutions LTD reserves the right to revise quotes if the deliverable requires significantly more work than expected. Japanese Solutions 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, Japanese Solutions LTD will invoice only for the work completed to date.

Proceeding

3. 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 Japanese Solutions LTD and the client.

4. After acceptance of the quote by the client, Japanese Solutions LTD will acknowledge the assignment and will commit to a delivery date. Japanese Solutions LTD reserves the right to outsource assignments to meet delivery deadlines. Contractors will be carefully selected by Japanese Solutions LTD and will be bound by the same Terms and Conditions. All outsourced work will be reviewed in-house.

Deadlines and Delivery

5. Japanese Solutions LTD will make every effort to meet agreed deadlines. However, Japanese Solutions LTD reserves the right to change deadlines if the nature or extent of the work undertaken differs significantly from the agreement. In this instance, Japanese Solutions LTD will notify the client of the new delivery date.

6. Any delay in supplying the source material may also push back the delivery date at the discretion of Japanese Solutions LTD.

7. If a fixed delivery date is specifically agreed in writing and if Japanese Solutions 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, Japanese Solutions 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.

8. Unless otherwise agreed between Japanese Solutions LTD and the client, deliverables will be sent electronically.

9. Delivery will be deemed to have taken place at the moment when the deliverable is dispatched.

10. Methods of delivery, other than electronic, will incur additional charges.

Payments

11. New clients are required to pay in advance on acceptance of the quote. Returning clients may arrange for customised terms with Japanese Solutions LTD directly.

12. Large projects (books, manuals, etc.) require both a deposit and interim payment(s) according to a pre-arranged payment schedule.

13. Unless otherwise agreed between Japanese Solutions LTD and the client, full payment is expected within 14 days of completion of any assignment. Late payments incur a 5% service charge with a minimum charge of 10 NZD. 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. Also, clients should specify “shared cost” when choosing transfer fee options.

14. A 30% surcharge applies for the following types of translations:
• technical, medical, legal, financial requiring specific terminology
• urgent assignments (under 48 hours)

Warranties and Liabilities

15. Japanese Solutions 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.

16. Japanese Solutions LTD is not liable 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.

17. The customer shall raise any issues regarding the deliverables within 10 days of dispatch.

18. Lodging a complaint shall not release a client from its payment obligations.

19. Any requests for reviews will be undertaken for an appropriate fee to be agreed between the client and Japanese Solutions LTD.

20. Japanese Solutions LTD shall not be liable for any loss of profits, business, contracts, revenue, damage to the customer’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.

21. Japanese Solutions LTD is not liable for any views presented in the source material nor the deliverable. These views are the sole responsibility of the client.

22. Japanese Solutions LTD does not currently offer layout services. Should the source material include images, graphics and insertions, it is understood that Japanese Solutions LTD will only handle the text parts.

23. The original English texts of these Terms and Conditions shall prevail over versions published in any other language.

24. Any dispute between the client and Japanese Solutions LTD shall be governed by New Zealand law.

Intellectual Property

25. The client guarantees that the source material and deliverable do not infringe any intellectual property rights.

26. The client will indemnify Japanese Solutions 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 Japanese Solutions LTD, based upon a claim of intellectual property rights infringement in relation to the source material or the deliverable.

27. The intellectual property in the deliverable shall vest in the customer once full payment has been received.

28. Japanese Solutions 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.

Interpreting

29. Japanese Solutions LTD currently accepts bookings for: one hour; half a day; a full day; several consecutive days. The minimum charge is for two hour’s work. Beyond the second hour, work is billed in increments of 15 minutes.

30. 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 booking facility is provided on our website. A quote and confirmation of availability will be sent to the client. By accepting the quote, the client accepts Japanese Solutions LTD’s Terms and Conditions.

31. In the event of cancellation of a booking between 72 and 24 hours before an event, the client agrees to pay 50% of the quoted cost, for less than 24 hours notice, the client agrees to pay 100% of the quoted cost, due to the commitment of our resources on planned dates. In both cases, the client will reimburse Japanese Solutions LTD for any disbursements already incurred.

32. A standard interpretation day is 6 hours: 3 hours of interpretation in the morning and 3 hours in the afternoon, with a lunch break of at least one hour. 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.

33. Should the event exceed 6 hours of interpretation, the extra time (in hourly increments) will be invoiced separately at Japanese Solutions LTD’s standard hourly rate.

34. Unless otherwise agreed between Japanese Solutions LTD and the client, bookings made for weekends, public holidays and between 8pm – 7am (New Zealand time) incur a 30% surcharge.

35. The client accepts to provide Japanese Solutions 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.

36. 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, Japanese Solutions LTD shall invoice this additional work separately.

In the Auckland area:

37. A call-out fee will be charged for events in the Auckland area. Transport fee or parking fees will be charged at cost.

Outside the Auckland area:

38. Japanese Solutions LTD will invoice the client for all travel and accommodation costs.

39. Where original travel plans are disrupted due to extended work hours, Japanese Solutions LTD reserves the right to invoice the client for additional accommodation and/or transportation costs.

Ethics

40. Japanese Solutions LTD’s translators and interpreters shall abide by the Code of Ethics of AUSIT and NZSTI. Japanese Solutions LTD will remain neutral during the interpreting assignments, and will put forward only those ideas, concepts and opinions as instructed by the client. The content of all translations and interpretations, as well as provided materials, will remain confidential.

Confidentiality

41. Names of clients and the content of source material will be kept confidential by Japanese Solutions LTD. Japanese Solutions LTD reserves the right to use client feedback in their promotional material.