Terms and Conditions
gH translations uses the following as our standard terms of trade.
Terms and Conditions (v2009)
Success In The Project
gH translations (“us”, “we”, “our”) will make a thorough effort to understand your business in order to provide best-choice solutions to positively impact your business.
The success of our relationship and this project both require constant and regular communication, and, in that light, both parties agree to respond to requests for information in a timely fashion and keep each other informed with correct information and of any developments that might impact the project or the relationship.
Estimates And Expenses
Costs and expenses cited in any proposal we provide are our best estimates based on the information provided. If additional information is forthcoming, the project specifications change, or the scheduling changes, cost and expense estimates may change.
Cost and expense estimates are valid for 30 days from the date of the proposal.
The estimates exclude illustration, photography, or copy-writing allowances. If these are required, we will estimate costs and get approval before proceeding.
The client will pay gH translations for all other job-related costs, including disbursements and telecommunication, reproduction, and travelling expenses. gH translations may add a service charge for job-related costs or where payment to others has been made on behalf of the client.
All estimates exclude duties, withholdings, GST, VAT or other taxes imposed by any government authority.
Change Of Scope
Work not described in a proposal, including but not limited to revisions, corrections, alterations, and additional proofs, will be billed as additional cost at our usual hourly rate.
Invoicing
We will require a pre-payment of 25% of the total estimate for the project before commencement.
gH translations progressively charges and invoices on a monthly basis or at the end of a project, whichever comes first. Payment is due within seven (7) days of invoicing.
We reserve the right to charge interest to overdue accounts at 2% per month.
Confidentiality
gH translations will keep confidential material or information communicated to it in confidence, except where disclosure is reasonably necessary to enable us to provide our services to you.
Copyright And Ownership
Copyright and other rights in the selected work will automatically transfer to you on receipt of full payment on invoicing. gH translations will hold copyright and other rights in the selected work until that time.
All materials used in the production of the assignments - including original artwork and computer-generated artwork, formats, and code - remain the property of gH translations.
Copyright in works that are not selected, and materials used in the production of the selected work, remain the property of gH translations and may be used in the future in the course of other assignments, so long as they do not in any way infringe the rights transferred to you with the selected work.
We display work we have completed for clients in our portfolio and on our website. Please let us know if you do not want us to do this.
Indemnity
The client indemnifies gH translations in respect of any claims, cost, or expenses (including legal expenses on a solicitor/client basis) arising out of:
(a) Any works requested by you that are subsequently claimed to infringe the rights of another, or are illegal or defamatory; and
(b) Any breach by the client of these Terms and Conditions, or in recovering any monies due.
Liability
To the maximum extent permitted by law:
(a) Except as expressly recorded in a written proposal provided by us, we disclaim all warranties (statutory, express or implied) with regard to any goods and services supplied; and
(b) We shall not be liable for any damages whatsoever arising from any act, delay, default or negligence on the part of gH translations or of an employee, agent or contractor of gH translations.
Still, where gH translations may be liable for any loss or damage arising directly or indirectly from any defect in the goods or services supplied, the total liability of gH translations (whether in tort, contract or otherwise) shall not exceed the value of payments made by the client to us in the 3 months prior to receiving written notice of a claim.
Termination or Postponement
In the event that the client decides to terminate or postpone the project, the client must notify gH translations in writing of that decision. Upon notice, gH translations will take immediate steps to bring the project to a close or stop, and reduce expenditure. The client is responsible for all project-related costs and fees incurred by gH translations to the date of notice, and further costs and fees incidental to the orderly termination or stop of the project.
Conflict
In the event that the terms of a written proposal agreed by us are inconsistent with any provision of these Terms and Conditions, then the terms of the proposal will prevail to the extent of the inconsistency.
Waiver or Variation
No right under these Terms and Conditions shall be deemed to be waived except by notice in writing signed by each party.
The Terms and Conditions shall not be varied, except by agreement in writing signed by the parties.
Governing Law And Jurisdiction
This Agreement is governed by the laws of New Zealand (excluding the UN Convention on Contracts for the International Sale of Goods Vienna 1980). The client submits to the exclusive jurisdiction of the Courts of New Zealand to hear and determine claims by the client in connection with this Agreement.