The Department of Internal Affairs

The Department of Internal Affairs

Te Tari Taiwhenua

Building a safe, prosperous and respected nation

 

Our Terms and Conditions

Please make sure to read these and feel free to ask us if there's anything you're unsure about.

A. Services

1. These standard terms and conditions apply to all agreements between private individuals or private companies or corporations not owned by or affiliated to the Department or Crown ("the Customer") and the Service in respect of any translation ("the Agreement"). 

2. All translations are based on the document(s) to be translated ("the Source Material") and instructions provided by the Customer. The Service may also require the Customer to complete a 'Translation Specification Sheet' to assist the Service with the translation. Any changes or amendments to the Source Material or instructions of the Customer after the Agreement has been entered into will incur additional cost. The same applies if information on the Translation Specification Sheet is incorrect. 

3. If the Customer is in possession of previous translations of the Source Material or material similar to the Source Material, the Customer shall provide the Service with a copy of such translations and the Service will endeavour to provide a consistent translation of the Source Material. 

B. Quotes

4. All quotes are based on the Source Material, the Translation Specification Sheet (if provided) and instructions from the Customer and are valid for 30 days. Although every effort is made for quotes to be as accurate as possible, the Service reserves the right to change quotes if the translation of the Source Material requires significantly more work than anticipated. The Service will inform the customer of any changes to the agreed quote. If no agreement can be reached, the Service will invoice the Customer only for the work carried out up to that point. 

5. The Service's translation processes usually involves two translators working on the Source Material and are carried out using reasonable skill and care in accordance with relevant industry practise. Extra fees will apply if the customer requests the translation to be carried out differently, for example by employing an additional proof-reader. 

6. The Service will notify the Customer once the translation is finished ("the final Translation"). Full payment is required upon pick-up of the final Translation. The Service can also arrange shipment of the final Translation at extra cost. In that case, full payment has to be received prior to shipment. 

C. Warranties and Liabilities

7. The Service will do its best to ensure that the final Translation meets the Customer's specific requirements and is error-free. 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 possible interpretation of the Source Material and that it could be translated differently does not entitle the Customer to refuse payment or reject the final Translation as unsatisfactory. 

8. The Service warrants that the final Translation is, within the limits as described above, an accurate translation of the Source Material. The Service is not liable for any subsequent changes by the Customer to the final Translation regardless of their nature and whether they are made to the text, layout or formatting. 

9. The Customer shall raise any issues regarding the final Translation within 30 days of receipt. If the Customer requests a review of the whole or part of the final Translation, such review will be undertaken for an appropriate fee which will be agreed between the parties. The Service may, at its sole discretion, waive all or part of the fee if the review finds any significant errors in the final Translation. 

10. The Service 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 final Translation. 

11. The Service's entire liability for the final Translation under the Agreement is limited to the agreed quote. 

D. Intellectual Property and Copyright

12. The Customer warrants that the Source Material and the final Translation do not infringe any intellectual property rights and will indemnify the Service 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 proceedings brought against the Service, based upon a claim of intellectual property rights infringement in relation to the Source Material or final Translation. 

13. The intellectual property in the final Translation shall vest in the Customer once full payment has been received. The Service is entitled to retain one copy of the Source Material and final Translation free of charge and for internal business use only (for example as future reference material). The same applies if the Customer refuses payment for the final Translation or rejects it as unsatisfactory.