Terms and Conditions

SPEAK YOUR LANGUAGE PTY LTD’S TERMS AND CONDITIONS, PRIVACY STATEMENT AND SECURITY POLICY

What does Speak Your Language Pty Ltd do?

National organisation Speak Your Language Pty Ltd (SYL) provides high quality interpreters and translators to government organisations, private entities and individuals across Australia.

SYL’s services include:

• Onsite interpreting
• Phone interpreting
• Reverse phone interpreting
• Interpreting message delivery
• Auslan sign language interpreting
• Legal translation services (judicial proceedings, evidentiary documents, contracts)
• Medical translation services (reports, medical texts, manuals, patient records)
• Technical translation services (operating manuals, other technical documentation)
• Certificate translation services (birth certificates, marriage certificates, divorce certificates, immigration documents, academic and other results documents)

About this document

The Terms and Conditions set out below apply where you engage the services of SYL.

The Privacy Statement details how SYL gathers, uses and manages client, employee and/or contractor information.

The Security Policy details SYL’s plans to protect its internal network and databases from threats or unauthorised access. It also provides useful information and practical advice on how you can take to necessary precautions to protect your online security.

TERMS AND CONDITIONS

1. General

   1. All services provided by Speak Your Language Pty Ltd (“SYL”) and your use of the SYL website are subject to the Terms and Conditions (“Terms”) set out below, in addition to any additional or supplementary Terms and Conditions you agree to when making a booking. Subject to clause 1.2 below, in the event of any inconsistency or conflict, the Terms set out below prevail.
   2. If you and SYL have entered into a separate contractual arrangement for the supply of interpreting services, the Terms and Conditions of that arrangement will prevail where there is any inconsistency or conflict with these Terms.
   3. You can make a booking or service request by either using the online form on SYL’s website or contacting SYL directly by phone or email. By making a booking or service request, you acknowledge you have read these Terms and agree to be bound by them.
   4. If you do not accept these Terms, you must refrain from using any services provided by SYL, including the website.

2. Definitions

   1. “Services” refers to any services provided to you by SYL, including but not limited to:
      1. Onsite interpreting
      2. Phone interpreting
      3. Reverse phone interpreting
      4. Interpreting message delivery
      5. Auslan sign language interpreting
      6. Legal translation services (judicial proceedings, evidentiary documents, contracts)
      7. Medical translation services (reports, medical texts, manuals, patient records)
      8. Technical translation services (operating manuals, other technical documentation)
      9. Certificate translation services (birth certificates, marriage certificates, divorce certificates, immigration documents, academic and other results documents)
   2. Website” means https://translationsandinterpretations.com.au
   3. “You” or “your” means anyone who visits and/or uses the website or services provided by SYL, including agencies, private and public organisations, interpreters, translators and individuals.
   4. “Force Majeure Event” means any of the following, provided they are outside the reasonable control of the affected party and could not have been prevented by reasonable steps being taken by that party:
      1. A natural or human made disaster, including earthquake, fire, explosion, flood, landslide, lightning, storm, tempest, drought or meteor
      2. war (declared or undeclared), invasion, act of a foreign enemy

3. Description of services

   1. Services are provided on an “as is, as available basis”. All booking requests are subject to availability and confirmation by SYL. SYL makes no guarantee of availability of services.
   2. In relation to interpreting services, the function of the interpreter excludes the written translation of texts and is confined to spoken proceedings only.
   3. Interpreting services are provided for your immediate use only. Recordings are not permitted while interpreting services are being provided without SYL’s prior written approval.
   4. In relation to translating services, the function of the translator excludes spoken proceedings and is confined to the written translation of texts only.

4. Making a booking request

   1. All translation and interpreting booking requests must be made in writing using SYL’s online booking form provided on the website, via email, or via your unique customer portal.
   2. You must notify us if you have any other specific requirements, such as:
      1. Preferred level of NAATI accreditation;
      2. Preferred gender of translator/interpreter;
      3. Working with Children Check or its equivalent in the relevant Australian jurisdiction; and
      4. Continuity of the interpreter providing the service.
   3. You acknowledge and agree that:
      1. Any instructions submitted electronically may not be received by us for reasons beyond either party’s reasonable control, including but not limited to electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems;
      2. All booking requests are subject to availability and confirmation by us. We make no guarantee that the interpreting service requested will be available, or that a specific interpreter can be allocated to you in accordance with your request; and
      3. We may, in our sole and absolute discretion, accept or reject any booking made by you for any reason (or no reason), including an error in your booking.
   4. Any interpreter or translator instructions entered into the online job booking request form will automatically be displayed to interpreters and translators. When making a booking, you must therefore not refer to specific interpreters or translators or include defamatory or offensive remarks.

5. Booking cancellations

   1. To cancel a booking, you must notify SYL at least 48 business hours prior to the scheduled appointment or the minimum booking fee will apply. No fee will apply when 48 business hours’ notice is given.
   2. Cancellations must be made in writing and sent to SYL by email to bookings@syl.com.au or via facsimile on (02) 8734 3999.
   3. SYL may cancel bookings that you have made for translation and interpreting services by giving you reasonable advance notice. A cancellation may occur for reasons beyond SYL’s reasonable control, including when an interpreter is no longer available.

6.  Fees

   1. When you first use SYL’s services, we may email you a copy of our current service charges to the email address you provided with your registration.
   2. By submitting a booking request, you agree to be charged in accordance with the service charges SYL has in place at that time, or the rates we have contractually agreed.
   3. Urgent interpreting services will attract an additional fee on all costs.
   4. Our service charges are subject to continual review. We will provide you with 14 days’ notice in relation to any increase in service charges.
   5. Where we have updated our service charges, these updated charges will apply to all new bookings for translation and/or interpreting services provided by SYL after the date of update.
   6. Service charges are shown in Australian dollars and include GST where applicable.
   7. We reserve the right to correct any errors published on the SYL website.

7. Travel costs

   1. A travel allowance of $30.00 will be included in our fees where interpreters are required to travel between 25km to 50km from the CBD.
   2. Any appointment that is more than 50km from the CBD will incur travel costs of $0.90 per km if applicable.

8. Invoicing

   1. You must pay SYL the relevant fees payable for the services provided. SYL will invoice you for the cost of the services, as set out in the service charges.
   2. Payment is due within 14 days from the date of a correctly rendered tax invoice.
   3. Payment of the invoice can be made either by direct fund transfer into SYL’s bank account or by cheque or credit card. Instructions for payment will be provided on the invoice.
   4. Invoices will be issued to the email address you provided with your registration.

9. Force Majeure Event

   1. Despite any other provision in these Terms, if the Company is unable to perform or is delayed in performing an obligation under these Terms as a result of a Force Majeure Event, notice will be given in accordance with clause 9.2 below.
   2. If affected by a Force Majeure Event, SYL must provide you with written notice that:
      1. Sets out details of the Force Majeure Event;
      2. Identifies the nature and extent of the obligations affected by the Force Majeure Event;
      3. Advises the period of time during which SYL estimates that it will not be able to perform or will be delayed in performing its obligations; and
      4. Provides details of the action that it has taken or proposes to take to remedy the situation.
   3. The obligation will be suspended but only for so long as it is affected by the Force Majeure Event.
   4. SYL will not be liable for any loss or damage you sustain as a result of, and to the extent that, you and/or SYL are unable to perform or are delayed in performing obligations due to the Force Majeure Event.

10. Privacy

    1. Your personal information is protected by law, including the Privacy Act 1988 (Cth), and is collected by us to establish and administer the website and create your profile
    2. All documents and information that you provide to SYL in relation to the provision of services shall remain confidential. SYL will not edit or disclose the contents of your documents and information unless required to do so by law.
    3. You can obtain more information about the way in which SYL will manage your personal information by reading our enclosed Privacy Statement.

11. Warranty

    1. SYL expressly disclaims any implied warranty or representation concerning the accuracy, reliability, relevance, currency, completeness, appropriateness or otherwise of the services for any particular purpose.

12. Limitation of liability

    1. To the extent permitted by law, and subject to any rights of refund granted under these terms and conditions, SYL shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use our services, or for cost of procurement of substitute services, or resulting from transactions entered into relying on the service provided, or resulting from unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if SYL has been advised of the possibility of such damages.

13. Indemnification

    1. You agree to indemnify and hold SYL, its affiliates, agents, officers and employees, harmless from any claim or demand made by any third party due to or arising out of your use of our services, your breach of these Terms, or your infringement of any intellectual property or other right of any person or entity.

14. Dispute resolution

    1. Should you be unsatisfied with the quality of the services we provide, you must contact SYL by emailing ‘service@syl.com.au’, specifying the reasons for your dissatisfaction, within (7) seven days of delivery of services by SYL.
    2. SYL will give full consideration to your comments and/or concerns. We will then either:
       1. Perform the service(s) again, at no extra charge to you;
       2. Consider whether the service provided meet industry standards. If the service provided does meets industry standards, SYL may, for an extra fee, have the document and/or service reviewed and/or edited by a different professional as specified by SYL; or
       3. Issue you with a refund. Refunds will be given for the amount agreed for the service provided. All refunds will be made by cheque or direct funds transfer. No refunds will be paid in cash.

15. Engagement and non-solicitation

    1. SYL will commence providing services on the agreed date. These Terms will apply until all parties are satisfied that the services have been completed satisfactorily, or unless terminated earlier in accordance with clause 15.2 below.
    2. During the operation of this Agreement and for a period of three (3) months after the termination of this Agreement, you must not, without the prior written agreement of SYL, solicit or procure any services directly from an SYL interpreter/translator (whether that be a person or an entity), or anyone who has an interest that is directly or indirectly in competition with the activities of SYL.

16. Modifications to Terms

    1. SYL may change these Terms at any time.

17. Governing laws

    1. These Terms are governed by and construed in accordance with the laws in force in New South Wales, Australia.

18. Notices

    1. All notices required to be given under these Terms shall be in writing and shall be sent to the email address you provided upon registration.

PRIVACY STATEMENT

1. General

   The Privacy Act 1988 (Cth) (Privacy Act) requires Speak Your Language Pty Ltd (“SYL”) to notify an individual of certain matters when it collects personal information about them. This is your notification of those matters.

   SYL takes your privacy very seriously. It is important for you to know how we collect and handle your personal information via our website and online services. Note that you’re always in control, and have choices about how SYL uses your information.

   We are required by law to protect your personal information, provide you with this statement about our information privacy practices with respect to the information we collect and maintain about you, and follow the practices described in this notice. Should our information or policy practices changes, we will issue a revised notice to the email address you provided upon registration and post the revised statement on our website and in public areas within our organisation.

2. What is considered personal information and why do we collect it?

   The Privacy Act defines personal information as any information or opinion that is about an individual, whether correct or not, or whether it is recorded in a material form or not, from which the individual is reasonably identifiable.

   Types of information encompassed by the Privacy Act may include sensitive information about an individual, such as their racial or ethnic origin, sexual orientation or practices, criminal record, membership of professional or trade associations or trade unions, religious beliefs or affiliations, health, genetic and biometric information, credit information, certain employee record information, and tax file number information.

   We collect your personal information for the primary purpose of providing our services to you and providing information to our clients. Note that you will only receive marketing material if you opt to subscribe, and you may unsubscribe at any time by contacting us in writing.

   We may also use your personal information for purposes related to quality assurance, security and integrity of our interpreting and translation services, or simply to provide you with a better experience and to develop new services.

   Where appropriate and where possible, we will explain to you why we are collecting the information and how we plan to use it whenever we collect your personal information.

3. When and how does SYL collect your personal information?

   SYL collects the personal information of all parties involved in our services, including clients, contractors and employees. We only collect sensitive personal information from you with your consent. We will ask you to give your consent where the collection of your sensitive personal information is necessary or directly related to providing you with one of our services. You may choose not to give your consent; however, this may impact on our ability to provide our services to you.

   Generally, we collect information provided by you via the internet or over the telephone. We also use cookies to improve the quality and accuracy of our service, and may send one or more cookies to your computer or device when you visit our website.

   When you send an email or communicate in any other way with SYL, we may retain these communications in order to process your enquiries, respond to your requests and improve our services.

   SYL offers some services via other websites. Personal information that you provide to those sites may be sent to SYL in accordance with this Privacy Statement in order to deliver to you the services you require.

   We may also collect personal information from other organisations (including government agencies and contracted service providers) for the purpose of providing interpreting and translation services.

4. Keeping your personal information up-to-date

   We will take all reasonable steps to make sure your personal information is accurate, complete and up-to-date. If you find that the information we have is out-of-date or inaccurate, please advise us as soon as practicable so we can update our records and continue to provide quality services to you.

5. Keeping your personal information secure

   Your personal information is stored securely online in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.

6. Disclosing your personal information

   SYL discloses your personal information to clients, interpreters, translators and organisations for the purpose of 1) facilitating interpreting and translation services; 2) ensuring the quality, security and integrity of our services; and 3) requesting payment for those services.

   We will also disclose your personal information if such disclosure is authorised or required by a Commonwealth, State or Territory law. We may also be required to disclose your personal information to any applicable third parties for the purposes of responding to a complaint or providing feedback to improve services.

7. Accessing your personal information

   You may access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your personal information, please contact us in writing. You will not be charged by SYL for your access request.

8. Privacy Statement updates

   This Statement may change from time to time. We will notify you when it is updated and ensure it is available on our website.

9. Privacy Statement complaints or enquiries

   If you have any queries or complaints about our Privacy Statement please contact us using our online form.

   Should you have concerns in relation to the privacy practices of an organisation we provide interpreting and translation services to, please seek out and read their Privacy Policy. This should contain information on how you may make a complaint or an enquiry regarding their privacy practices.

SECURITY POLICY

1. Purpose

   The purpose of this document is to ensure appropriate security controls are put in place to protect our website, network and databases from un-authorised access.

2. The security of our website, network and databases

   SYL’s bespoke cloud-based software is directly hosted on Microsoft Azure mirror servers, one each in Sydney and Melbourne, which use multi-layered, built-in security controls and unique threat intelligence to help identify and protect against rapidly evolving security threats. We maintain SSL certificates for both the platform and our website.

   To ensure continuous and strict security, the platform is separated into areas of access. SYL staff have access to the complete platform, whereas contractors and clients log into a limited access area. Individuals are bound by confidentiality obligations and may be subject to disciplinary procedures, including termination and criminal prosecution, if they fail to meet these obligations.

   All sensitive data is encrypted, and security mechanisms will lock down the system in the unlikely event of unauthorised access.

   While we do all we can to minimise security threats, you should always be aware that the World Wide Web is an insecure public network. As such, there is a potential risk that your transactions are being intercepted or modified by third parties, or that files you download may contain computer viruses, disabling codes, worms or other defects or malicious code.

   SYL therefore accepts no liability for any interference with or damage to your computer system, software or data occurring in connection with or relating to the SYL website or its use.

3. Site visit data

   Depending on your security settings, SYL may log your visit to our website and record information to help us monitor site usage, learn what information is accessed the most and the least, identify broken links and traffic bottlenecks, and improve the overall user experience. This information may include:

   1. The time taken to transmit information to you
   2. Your IP and/or server’s address
   3. The date and time of your site visit
   4. The pages accessed
   5. Your operating system (Windows 8, Mac OS X, etc.)
   6. Your web browser version and type
   7. The internet address from which you came directly to the SYL website

   No attempt is made to identify you when collecting this data, except in the event of an investigation into the improper use of our website, or where a law enforcement agency exercises a warrant to inspect the Internet Service Provider’s logs.

4. Cookies

   A cookie is a small file supplied by us, and stored by the web browser software on your computer when you access our site. Cookies allow us to recognise you as an individual web user, as you browse our website.

   We use cookies to improve the quality and accuracy of our service, and may send one or more cookies to your computer or device when you visit our website.

5. Protecting your online security

   SYL highly recommends you take precautions to protect your personal information and your computer system before submitting your personal details to any website, including ours. We recommend you set and regularly change strong passwords, install and keep updated anti-virus and anti-spyware software, install and use a firewall, exercise caution with emails, manage your spam, and secure your internet browser.

   Note that we will never contact you asking for details of your credit card or bank account details by email.

   For further information and practical tips on protecting yourself against security scams, visit the Department of Broadband, Communications and the Digital Economy’s Stay Smart Online website.