Terms and Conditions

The following Terms and Conditions constitute a legally binding agreement (“The Agreement”) between you (“Client”) and Karoline Spiessl (“translationsNZ”) regarding access to and use of the translationsnz.co.nz website (“website”) and its associated machine and/or human-based translation services (“Services”) rendered or to be rendered by TRANSLATIONSNZ.

By accessing or using the website or Services, you agree to be bound by these Terms and Conditions of Service. If you do not wish to be bound by these Terms and Conditions of Service, you should leave the website now.

For the purposes of this Agreement, “Source Material(s)” shall mean any electronic or other files that the Client transmits to TRANSLATIONSNZ using the website that are intended to be the subject of services hereunder

The final translated version of the Source Material(s) shall be referred to as “Deliverable” or “Deliverables”

Each order or formal request for the provision of Services shall be referred to as an “Order”.

The charge for the translation is based on word-count, language(s) and service requested. The word-count, as determined by TRANSLATIONSNZ, is final and non-negotiable. The word-count is clearly visible throughout the ordering process. Any changes to this word count will be communicated to the Client for approval.

All prices and rates quoted are subject to change without notice prior to formal acceptance of any Order. TRANSLATIONSNZ reserves the right: to charge for additional Services requested after an Order has been accepted; alter without notice the currency in which the transaction is processed and/or billed.

It is the responsibility of the Client to select the appropriate service for the translation of the Source Material(s). TRANSLATIONSNZ will not accept any responsibility if the service selected does not meet the specific requirements of the Client.

The Client can request a translation by uploading and submitting Source Material(s) to the website.

TRANSLATIONSNZ will not be liable to correct any errors or omissions that were inherent in the original Source Material(s) and which may or may not affect the quality of the Deliverable.

TRANSLATIONSNZ reserves the right to refuse to translate any Source Material(s) that is/are of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or is otherwise considered inappropriate by TRANSLATIONSNZ, whose decision in all matters shall be binding and conclusive.

TRANSLATIONSNZ provides an estimate service – this is quoted on a without prejudice basis based on the information provided and shall be subject to such Terms and Conditions and fees as TRANSLATIONSNZ may direct.

TRANSLATIONSNZ Warranties

.       TRANSLATIONSNZ warrants that the 3rd party proofread Translation Service will meet reasonable commercial standards for professional human translation (i.e. human translation by a bilingual translator with reasonable skill in translating the concepts and terminology of industry-specific text with a proofread by a second translator).

i.       TRANSLATIONSNZ warrants that the proofread Translation Service will meet reasonable standards for professional human translation (i.e. human translation by a bilingual translator with reasonable skill in translating the concepts and terminology of industry-specific text with a proofread by the same translator).

Times for expected receipt of the Deliverable are displayed at the time of accepting the translation service. TRANSLATIONSNZ will use its best efforts to meet these deadlines but does not accept liability for any delay in delivery. TRANSLATIONSNZ reserves the right to amend the delivery date and will make all reasonable efforts to contact the Client if there is any change in the Projected Delivery Date.

Payment is due 30 days from the date of invoice.

Payment can be in Pounds sterling, NZ Dollars or Euros.

The Client has 10 days from receipt of the final Deliverable to inform TRANSLATIONSNZ of any errors or omissions contained in the translated work. TRANSLATIONSNZ will make the necessary corrections free of charge and within a reasonable timeframe.

Client Warranties

.       The Client represents and warrants that it owns or is licensee of the Source Material(s) and all components thereof, and that translation of the Source Material(s) and publication, distribution, sales or other use of the deliverable shall not infringe upon any copyright, trademark or patent, or other right of any third party.

i.       The Client represents and warrants that Source Material(s) submitted to the website is/are of good quality and free of errors or spelling mistakes.

ii.       The Client warrants not to use any device, software or routine to interfere with the proper working of the website or which may have a contaminating or detrimental effect on the website.

TRANSLATIONSNZ makes no representations or warranties of any kind, except as set forth above. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

TRANSLATIONSNZ shall not be liable for any incidental, special or consequential damages or loss of any nature whatsoever, nor for any claim against the Client by any other person or entity, arising from or relating to services rendered by TRANSLATIONSNZ, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise, and even if TRANSLATIONSNZ has been advised of the possibility of such damages by anything contained in related proposals and other documentation. TRANSLATIONSNZ shall not be responsible for any loss or damage to, nor the return of, any Source Material(s). The maximum liability to the Client by TRANSLATIONSNZ shall in all cases be limited to the value of the Order.

In the event that the Client breaches this Agreement, TRANSLATIONSNZ shall have the right to terminate immediately, whereupon the Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress. In the event that TRANSLATIONSNZ breaches this Agreement, the Client shall have the right to terminate whereupon TRANSLATIONSNZ shall return to the Client all Source Material(s) and data supplied by the Client together with all Deliverables that exist as of the date of termination.

All right, title and interest in and to the Source Material(s) and, except as hereunder provided, the Deliverables, and any and all patent rights, copyright, know-how, and trade secrets therein are and remain the sole and exclusive property of the Client. Notwithstanding the above, the Client acknowledges that TRANSLATIONSNZ is the sole and exclusive owner of all right, title, and interest in and to all

.       methodology, information, software, and databases used in translating the Source Material(s), and

i.       inventions, methodology, innovations, know-how, and databases developed by TRANSLATIONSNZ in the course of translating the Source Material(s), including any and all patent rights, copyrights, know-how, and trade secrets therein. Provided that the Deliverables and copyright, know-how and trade secrets therein shall remain the property (but not the risk) of TRANSLATIONSNZ until TRANSLATIONSNZ shall have been paid in full for such Deliverables.

The nature of the work performed and any information transmitted to TRANSLATIONSNZ by the Client shall be confidential. TRANSLATIONSNZ shall not without the prior consent of the Client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of TRANSLATIONSNZ whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent TRANSLATIONSNZ is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by TRANSLATIONSNZ.

The Client shall indemnify, defend, and hold harmless TRANSLATIONSNZ, its owners, directors, officers, employees, representatives, agents, successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incidental to any suit, claim or demand based on (i) the performance of this Agreement by either party, (ii) the Client’s breach of the covenants, representations and warranties made by it herein, (iii) the manufacture, advertisement, promotion, sale or distribution of any items by the Client, (iv) any taxes and duties, levies, tariffs, or like fees that may be imposed by any government or collective authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by the Client, or (v) any claim that any element of the Deliverable infringes any copyright, trademark, patent, or other proprietary right.

TRANSLATIONSNZ may terminate the rights of the Client without cause at any time and with immediate effect.

All disclaimers, indemnities and exclusions in the Agreement shall survive termination for any reason.

If any part of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that part shall be deemed severed and the validity and enforceability of the remaining Terms and Conditions shall not be affected.

TRANSLATIONSNZ may modify these Terms and Conditions at any time.

Privacy Policy

As professional translator and processor of your personal information, it is my obligation to safeguard your personal information and relevant materials. In compliance with the General Data Protection Regulation (GDPR), this Privacy Policy (hereinafter “the Policy”) explains the following:

• Who am I?
• What data do I collect?
• How do I collect your data?
• How will I use your data?
• How do I store your data?
• Use of Translation Memory (TM) and Computer-Assisted Translation tools (CAT) tools
• What are your data protection rights?
• What are cookies?
• How do I use cookies?
• What types of cookies do I use?
• How to manage your cookies?
• Privacy policies of other websites
• Changes to my privacy policy
• How to contact me
• How to contact the appropriate authorities

Who am I?
https://translationsnz.co.nz is a website managed by Karoline Spiessl. This privacy policy will explain how I use the personal data I collect from you when you use my website.

The services I provide include:

Translation
• Localisation
• Subtitling
• Transcription
• Proofreading
• Review
Interpreting
• Linguistic Consultancy

What data do I collect?
I collect the following data:
• Personal identification information (Name, email address, phone number, etc.)
• Any documents you upload or send to me.

How do I collect your data?
You directly provide me with most of the data I collect. I collect data and process data when you:
• Complete the online contact/quote form and/or upload any documents.
• Contact me by email.
• Use or view my website via your browser's cookies.

How will I use your data?
I collect your data so that I can:
• Process your order and manage your project.
• Email you with special offers on other products and services I think you might like.

If you agree, I will share your data with other carefully vetted language service providers who agree to the same conditions of privacy, in order to fulfil your project requirements.

How do I store your data?
I securely store your data at 939 Tukairangi Road, Taupo 3385, NZ on a password-secured system and/or with a cloud provider.

I will keep your data for the time necessary to provide the requested services to you, which might include periods of inactivity between projects. Once this time period has expired, I will delete your data.

Use of Translation Memory (TM) and Computer-Assisted Translation tools (CAT) tools

To maintain coherence and consistency of terminology during the translation process, and to allow me to offer you the best possible price, from the quote stage onward, I extract and compile translation memories from your documents using CAT tools. This TM is kept indefinitely.

Personal data is scrambled into segments and securely stored. The TM base is kept offline and access to it is restricted and protected by passwords. I do not share these TM bases with third parties, with the exception of carefully vetted translators involved in carrying out the work, and who agree to the same privacy conditions.

I will store completed translations in order to reproduce them quickly and cost-effectively at your request, unless you specifically request their erasure.

What are your data protection rights?
I would like to make sure you are fully aware of all of your data protection rights. Every user www.translationsnz.co.nz is entitled to the following:

The right to access - You have the right to request copies of your personal data. I may charge you a small fee for this service.

The right to rectification - You have the right to request the correction of any information you believe is inaccurate. You also have the right to request the completion of information you believe is incomplete.

The right to erasure - You have the right to request the erasure your personal data, under certain conditions.

The right to restrict processing - You have the right to request that I restrict the processing of your personal data, under certain conditions.

The right to object to processing - You have the right to object to my processing of your personal data, under certain conditions.

The right to data portability - You have the right to request the transfer of the data that I have collected to another organisation, or directly to you, under certain conditions.

If you make a request, I have one month to respond to you. If you would like to exercise any of these rights, please contact me at my email: info@translationsnz.co.nz
Call me at: +64 21 08381861
Or write to me: Karoline Spiessl, 939 Tukairangi Road, Taupo 3385, NZ

What are cookies?
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit my website, I may collect information from you automatically through cookies or similar technology.

For further information, visit allaboutcookies.org.

How do I use cookies?
I use cookies in a range of ways to improve your experience on my website, including:
• Understanding how you use my website

What types of cookies do I use?
There are a number of different types of cookies, however, my website uses:
• Functionality - I use these cookies so that I recognize you on my website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
• Advertising - I use these cookies to collect information about your visit to my website, the content you viewed, the links you followed and information about your browser, device, and your IP address. I sometimes share some limited aspects of this data with third parties for advertising purposes.

How to manage cookies
You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of my website features may not function as a result.

Privacy policies of other websites
My website contains links to other websites. My privacy policy applies only to my website, so if you click on a link to another website, you should read their privacy policy.

Changes to my privacy policy
I keep this privacy policy under regular review and place any updates on this web page. This privacy policy was last updated on 11 July 2019.

How to contact me
If you have any questions about my privacy policy, the data I hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact me.

Email me at: info@translationsnz.co.nz
Call me: +64 2108381861
Or write to me at: Karoline Spiessl, 939 Tukairangi Road, Taupo 3385

How to contact the appropriate authority
Should you wish to report a complaint or if you feel that I have not addressed your concern in a satisfactory manner, you may contact the appropriate Data Protection Authority: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Please note that translationsNZ is based in New Zealand. Since the GDPR only applies to European users accessing the website and since the GDPR is a European law, it does not apply to New Zealand and hence, there is no data protection authority in New Zealand.