Terms of Agreement

1. By using the services offered by QITS Language Services (QITS), you agree to be bound by the terms and conditions of this Agreement as follows.

2. Under this Agreement:

a. “you” or “your” means the individual, company or other legal entity who directly or indirectly uses the services of QITS;

b. “fee” or “fees” means the fee or fees invoiced by QITS and which have either been agreed prior to the provision of the services or are, in QITS’s sole discretion reasonable for the services provided at your request.

3. In consideration of QITS providing any services under this Agreement, you agree to pay the fees invoiced by QITS.

4. You agree and acknowledge that:

a. QITS owns the www.qits.com.au website;

b. You warrant that you do not rely and have not relied on QITS or the QITS website in assessing whether any particular translator has the competence or ability to provide you with any particular advice, interpretation or translation you may have sought or relied on;

c. QITS may at its sole discretion choose not to act upon and may delete at its sole discretion any email or message you may submit to it.

d. Your use of the www.qits.com.au website is at your risk and QITS shall not be liable for any errors, omissions, viruses, loss and/or damage arising from using, opening or transmitting of emails or information to or from the www.qits.com.au or any associated website.

e. With respect to the contents and links of the www.qits.com.au website, QITS expressly disclaims any implied warranty or representation about the accuracy, reliability, relevance, currency, completeness, appropriateness or otherwise of those contents and links for any particular purpose.

f. Your use of the www.qits.com.au website and any services provided to you by QITS by translators or interpreters is at your risk and QITS is not responsible or liable for any claim, loss, or damage, of any kind, directly or indirectly resulting from your use of this website or the information or the resources contained on or accessible through it, or from any services provided to you by any translator or interpreter by or through QITS, whether from negligence, breach of contract or other cause or both, including but not limited to damage caused by any interpreting or translating service, or a failure to receive any translation or interpreting service.

g. Unless otherwise agreed in writing, the services of any interpreter do not include any written translation of texts and is confined to spoken matters only. No recordings (other than by court reporters and other state agencies) are allowed of any interpreting services.

h. Unless otherwise agreed in writing, the services of any translator exclude spoken matters and are confined to the written translation of texts only.

i. QITS has not agreed to provide any services to you unless and until QITS has confirmed their retention to you by email, letter or facsimile and with the inclusion of the name of any relevant translator or interpreter or otherwise delivering the requested services.

j. QITS cannot guarantee the delivery date of any translation service or delivery of interpreting services on any particular time or place. Should the service be navailable on the date requested, QITS will advise you of this and if agreed, provide the services at a different time or place.

k. QITS will use reasonable endeavours to ensure the quality and services of any interpreter or translator, but makes no guarantee, promise or warranty that such services will meet your requirements, or that the service will be error free or meet any particular quality.

l. Should you be in default of paying any fees invoiced to you by QITS or be late in the payment of any fees invoiced, QITS may suspend or cancel any further services to you at its sole discretion and without penalty or notice.

5. Unless otherwise agreed, you will pay QITS within 7 days of receiving a valid tax invoice for the services provided to you without set off or counterclaim.

6. All booking requests are subject to the availability of a translator or interpreter as the case may be. QITS makes no guarantee or representation that the service requested by you will be available at the time requested or at all.

7. Should you cancel, delay or postpone the services requested and confirmed by QITS, then QITS will deal with such cancellation, delay or postponement according to the following.

a. In relation to any services you have requested, QITS will only accept cancellations or requests to amend services in writing.

b. In relation to translation services, QITS will invoice for all work undertaken on a pro-rata basis at the sole discretion of QITS. You confirm that if QITS has completed the work prior to receiving any notice from you, then QITS will invoice you for the entire work undertaken.

c. In relation to interpreting services:

i. if cancelled, delayed or postponed in relation to services for assignments of 1 day or less, on or after the business day prior to the assignment, QITS will charge you for 100% of the assignment cost.

ii. if cancelled, delayed or postponed in relation to services for assignments of longer than 1 day, including block or multi-day bookings, full fees (for up to 5 days) will be payable if any cancellation or amendment is not received at least the number of full business days (but no greater than five) prior to the assignment that the assignment is booked for.

Without limitation, but by way of examples:

1) If a five day assignment is due to commence on Friday the 11th, full fees are payable if notice of cancellation is not received on or before Thursday the 3rd.

2) If a six day (or greater) assignment is due to commence on Friday the 11th, five days of fees are payable if notice of cancellation is not received on or before Thursday the 3rd.

3) If a three day assignment is due to commence on Wednesday the 9th of the month, three days of fees are payable if notice of cancellation is not received on or before Thursday the 3rd.

4) If a two day assignment is booked to commence on Thursday, two days of fees are payable if the assignment is cancelled after the Monday prior.

iii. if an interpreter arrives at any agreed assignment or service, which has been cancelled, and/or the venue has changed, without written notice to QITS being told of such cancellation and/or change of venue, then the full fee will be charged.

d. You acknowledge that the full fee will be invoiced when the services are performed if delayed or postponed in addition to any fee charged for cancellation, delay or postponement.

e. For the purposes of this clause 7, ‘fees’ represent the hourly rate charged to you for the interpreter, for the duration of time which is billable.

f. If any flights and/or accommodation have been booked by QITS in relation to any service to be provided at your request, and cannot be refunded (if the assignment is cancelled or changed in any way by you), the cost of these will also be payable by you in full.

8. Should you change the booking address details or the time or duration of booking of anyinterpreting service, QITS will use endeavours to provide services to the new address but reserves the right to terminate the agreement immediately and makes no representation, warranty or guarantee that such services can be provided at any particular place or address.

9. QITS may at any time terminate any services it has agreed to provide to you and effective immediately and without penalty. QITS will not be liable to you or any other person orentity due to such termination.

10. No warranty, condition or term (“term”) applies to this agreement unless it is set out in this agreement or is implied by law and cannot be lawfully excluded. If any term is implied into this agreement by law, and it would be illegal for QITS to exclude it, then so far as the relevant law or Act allows, QITS’s liability for breach of that term is limited to:

a. if the term relates to services, re-supplying the services or (at QITS’s option) paying for them to be re-supplied;

b. if the term relates to documentary deliverables or materials, re-supplying them, or (at QITS’s option) paying for having them to be re-supplied; and

c. in no circumstances will such liability exceed the price you have paid or were invoiced for the services provided or to be provided to you by QITS.

11. You agree that if you make any claim against QITS for loss as a result of a breach of this agreement, or for negligence and that loss is contributed to by your own actions, then liability for that loss will be apportioned as is appropriate having regard to the respective responsibility for the loss, and the amount you may recover from QITS will be reduced by the extent of your contribution to that loss.

12. To the maximum extent permitted by applicable law, QITS excludes liability for any direct, indirect, punitive, exemplary, contractual, or consequential loss or damages, or any damages whatsoever of any kind, resulting from any loss, whether based on breach of contract, negligence, or otherwise, arising out of or in any way connected with the use or performance of this website, or with the provision of or failure to make available any information, services, or other resources contained on or accessible through this website or from or through QITS, even if QITS has been advised of the possibility of such damages.

13. You indemnify and hold harmless QITS, its employees, officers, directors and agents against any and all liability and costs incurred by you, in connection with any loss, liability, claim, demand, damage, and expense (including any legal fees on an indemnity basis) sustained by you, arising from or in connection with the contents or use of the www.qits.com.au website and any services provided by QITS.

14. By your use of the www.qits.com.au website and/or services provided to you by QITS, you accept that delay by QITS in exercising a right or remedy does not constitute a waiver of that right or remedy, and you accept that a waiver (either wholly or in part) by QITS of a right or remedy will not operate as a subsequent waiver of the same right or remedy or of any other right or remedy of QITS.

15. This Agreement and the resolution of any dispute related to this agreement or the www.qits.com.au website or the use by you of any services offered by or through this website or by or through QITS shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.

16. By your use of the www.qits.com.au website and/or any services provided to you by QITS you:

a. irrevocably and unconditionally submit to the jurisdiction of the courts of Queensland, Australia;

b. agree that any legal action or proceeding between QITS and you in relation to this Agreement, services provided to you by QITS or this website must be brought exclusively in a court of competent jurisdiction sitting at Brisbane in the State of Queensland, Australia.

17. You agree that any cause of action arising out of or related to any services provided by QITS to you must be commenced in a court of competent jurisdiction within 6 months from the date of any tax invoice delivered in relation to such services by QITS to you, otherwise any action based on such services will be permanently barred.

18. The relationship between QITS and you is that of independent Contractor. Neither you nor QITS has (nor may it represent that it has) any power, right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name. Nothing stated in this Agreement must be construed as constituting you and QITS as partners, or as creating the relationship of employer and employee, master and servant or principal and agent between the parties.

19. If any provision of this agreement is found to be invalid or unenforceable by a court of law such provision will be severed from this agreement, and such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.

20. QITS may amend any terms of this Agreement at any time at its sole subjective discretion, and such amendments shall be effective immediately from and upon the posting of the amended agreement to the www.qits.com.au website.

21. Your use of the www.qits.com.au website and any services provided to you by QITS constitutes your acceptance of the terms and conditions of this agreement, as amended, if at all, each and every time you access the www.qits.com.au website or each time we provide services to you.

22. Above all, your use of the www.qits.com.au website and your use of our services are at all times at your own risk.

23. By using the services offered by QITS, you are subject to the terms of, and agree to the terms and conditions of this Agreement. If you do not agree with these terms, then please do not use the services offered and leave this site.

24. If any provision of the Agreement should be held to be invalid in any way or unenforceable, the remaining provisions must not in any way be affected or impaired.

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