The following Terms and Conditions constitute a legally binding agreement (“The Agreement”) between you (“Client”) and Calliope Sofianopoulos (“Metaphrase”) regarding access to and use of this website (“website”) and its associated services (“Services”) rendered or to be rendered by Metaphrase.
By accessing or using the Website or Services, you agree to be bound by these Terms and Conditions of Service.
For the purposes of this Agreement,
“Source Material(s)” shall mean any electronic or other files that the Client transmits or forwards to Metaphrase by use of any means, that are intended to be the subject of services hereunder
The final translated version of the Source Material(s), and/or the final services provided, 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”.
1. Metaphrase is a Greek Translation Service Provider.
2. The charge for a translation is based on the word-count of the translation or on the time consumed to provide the service requested. The word-count or time consumed, as determined by Metaphrase, is final and not negotiable. The rate of payment is clearly visible throughout the ordering process. Any changes to this rate will be communicated to the Client for approval. Any numbers and/or symbols in any text are included in the word-count and shall be charged accordingly. Extra charges include formatting of text, deciphering unclear handwritten documents, time consumed for changes implemented etc.
3. All prices and rates quoted are subject to change without notice prior to formal acceptance of any Order. Metaphrase 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.
4. It is the responsibility of the Client to select the appropriate service for the translation of the Source Material(s). Metaphrase will not accept any responsibility if the service selected does not meet the specific requirements of the Client.
5. The Client can request a translation by submitting Source Material(s) to Metaphrase.
6. Metaphrase endeavours to maintain all translated files for a period of six months after completion unless otherwise agreed. Metaphrase does not accept any liability for any files lost through factors or events beyond their control.
7. Metaphrase 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.
8. Source Material(s) will be virus checked upon receipt by Metaphrase.
9. Metaphrase 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 Metaphrase, whose decision in all matters shall be binding and conclusive.
10. Metaphrase 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 Metaphrase may direct.
11. Metaphrase Warranties
i) Metaphrase warrants that the proofread Express Translation Service and proofread Premium Translation Service will meet reasonable commercial standards for professional human translation (i.e. human translation by a bilingual NAATI Accredited translator with reasonable skill in translating the concepts and terminology of industry-specific text with a proofread by a second translator).
ii) Metaphrase warrants that the non-proofread Express Translation Service and non-proofread Premium Translation Service will meet reasonable standards for professional human translation (i.e. human translation by a bilingual NAATI Accredited translator with reasonable skill in translating the concepts and terminology of industry-specific text, but not proofread by a second translator).
12. Times for expected receipt of the Deliverable are advised at the time of order (Projected Delivery Date). Metaphrase will use its best efforts to meet these deadlines but does not accept liability for any delay in delivery. Metaphrase 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.
13. Payment is due at date of order, unless a Business Account using an approved purchase order system has been established in which case, payment is due 7 days from the date of invoice, at the discretion of Metaphrase.
14. For Businesses, Metaphrase will only accept Orders from valid Business Representatives. Metaphrase reserves the right to decline any Order or to cancel any Order prior to delivery.
15. Businesses using an approved purchase order system will be invoiced ASAP following completion of the service provided.
16. Payment will be in Australian Dollars.
17. Metaphrase uses Paypal for Credit Card and direct PayPal Payments to keep your personal details safe. Direct deposits into an Australian Bank account are also accepted. Other payment methods may be available to Client at the discretion of Metaphrase if this has been requested prior to confirmation of Order.
18. The Client has 10 days from receipt of the final Deliverable to inform Metaphrase of any errors or omissions contained in the translated work. Metaphrase will make the necessary corrections free of charge and within a reasonable timeframe.
19. Client Warranties
i) 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.
ii) The Client represents and warrants that Source Material(s) submitted to Metaphrase is/are of good quality and free of errors or spelling mistakes.
20. Metaphrase 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.
21. Metaphrase 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 Metaphrase, 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 Metaphrase has been advised of the possibility of such damages by anything contained in related proposals and other documentation. Metaphrase 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 Metaphrase shall in all cases be limited to the value of the Order.
22. In the event that the Client breaches this Agreement, Metaphrase 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 Metaphrase breaches this Agreement, the Client shall have the right to terminate whereupon Metaphrase shall return to the Client any original documents supplied by the Client together with all Deliverables that exist as of the date of termination.
23. All rights, 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 Metaphrase is the sole and exclusive owner of all right, title, and interest in and to all
i) methodology, information, software, and databases used in translating the Source Material(s), and
ii) inventions, methodology, innovations, know-how, and databases developed by Metaphrase in the course of translating the Source Material(s), including any and all patent rights, copyrights, know-how, and trade secrets therein.
24. Metaphrase and/or its associates/entities retain the Copyright of all translations completed, notwithstanding any existing Copyright or Privacy/Confidentiality in relation to the source material provided.
25. Metaphrase warrants that it will not knowingly breach its Clients’ Privacy and/or Confidentiality as per Metaphrase’s Privacy Policy. The nature of the work performed and any information transmitted to Metaphrase by the Client shall be confidential. Metaphrase 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 Metaphrase whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent Metaphrase 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 Metaphrase.
26. The Client shall indemnify, defend, and hold harmless Metaphrase, 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.
27. Metaphrase may terminate the rights of the Client without cause at any time and with immediate effect.
28. All disclaimers, indemnities and exclusions in the Agreement shall survive termination for any reason.
29. 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.
30. Metaphrase may modify these Terms and Conditions at any time.
31. This Agreement is to be governed by and construed in accordance with Australian State and/or Federal Law. Any disputes shall be subject to the exclusive jurisdiction of the Australian courts.
Disclaimer: This Website was created for Metaphrase in order to advertise and provide Communication Services (Translation and Interpreting). All logos and trademarks depicted belong to their respective owners. No part of this Website or the Metaphrase Trademarks/Logos may be reproduced without written permission from Metaphrase. Metaphrase is not a Legal Service and does not provide Legal Advice, implied or otherwise. No person associated with Metaphrase is an Australian Legal Practitioner. Metaphrase provides translations and interpreting services in relation to all types of documents, specialising in legal and court documents (but does not draft or prepare legal documents). The legal information and commentary on this site is general only. Documents translated through Metaphrase may affect the user’s legal rights and liabilities. To assess their suitability for the user, Legal and/or Consulate advice must be obtained.