Effective Date: March 1st, 2021
Site Covered: www.cornerstones.com.au
Certain terms referred to in this Agreement shall be defined as follows:
3.2. Website: all pages, functionality, resources and content found within www.cornerstones.com.au.
3.3. Service(s): any Pre-paid Translation and/or Localization Service offered to you by the Company on or through www.cornerstones.com.au under this Agreement. Additional information about the Services and their features can be access through the Services section of the navigation bar above.
3.4. Order: means any order of Service submitted by you and acknowledged by the Company, which may be made via the Website in the document and payment submission (Translation Order) form, or in writing made under an Agreement of Services.
3.5. Pre-paid Translation Service(s): is a Service in which you are required to utilize the document and payment submission (Translation Order) form to make payment prior to the commencement of a particular Translation Service Type.
3.6. Translation Service Type: is a term to refer to either a General Content Translation, Specialized Field Translation, or NAATI Certified and Sword Translation under the Pre-paid Translation Service.
3.7. Localization Service(s): any Website Multi-language, Localization, Transcreation, Subtitling, or Captioning service for which an Agreement of Services is required to be made and entered into by you and the Company prior to commencement of work.
3.8. Translated and/or Localized Works: any material translated, localized, or created by the Company’s Service Providers based on Your Materials provided in conjunction with your order.
3.9. We, Us, Our: The Company / Cornerstones Translation, as the creator, operator, and publisher of the Website, who makes the Website, and certain Services contained within it, available to Users.
3.11. (Your) Materials: any content, including source documents and reference materials, submitted by You for use in the process of preparing or executing a translated and/or localized work that is, or is otherwise intended to be, performed by the Company.
5.1. Website Access
To access and make use of the Website and the Services it offers, you may be asked to provide certain personal details or other information. It is a condition of use that all the information you provide to the Website is correct, current and complete, as it may have an effect on the quality of the Services that the Company is able to provide you.
5.1.1. Age Restriction – The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and Services.
5.2. Website Content
The Website may include content provided by third parties, such as that from other Clients or Users in the format of testimonials. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of the person or entity providing that content. Such content does not necessarily reflect our opinion. While we will endeavor to be vigilant in screening any third party content displayed on the Website, we are not ultimately responsible, or liable, to you or any third party, for the content or accuracy of any content provided by any third parties.
5.3. Interruptions or Suspension of Website & Services
5.3.1 We reserve the right to withdraw or amend the Website and any Service or content we provide on the Website, at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to its users. The Company may need to interrupt access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis.
5.3.2. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, and that the Company shall have no liability for any damage or loss caused as a result of such downtime. Additionally, the Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services with respect to any or all users, at any time without notice. You acknowledge that the Company may do so at its sole discretion.
5.4. Links to and from the Website
5.4.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of the related sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5.4.2 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Subject to the foregoing, you must not:
5.5. Intellectual Property Rights & Trademarks
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not send, upload, identify, or submit any Materials in conjunction with receiving a Service to which you do not personally own the rights to, or which otherwise infringes on the intellectual property or privacy rights of any third party. You will not in any way copy, modify, publish, transmit, display, sell, distribute, or reproduce copyrighted material, trademarks, or other protected proprietary information without the express written consent of the owner of such materials.
5.6. Acceptable & Unacceptable Use
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this section. You agree not to use the Website in any way that could damage the Website, or the name, reputation or general business of the Company. You will only use the Website and the Services in a manner that is commercially acceptable, reasonable, and lawful, according to all applicable laws and regulations. You will not resell or offer Services available on the Website to any third party without the Company’s express written authorization.
5.6.1. You further agree not to use the Website:
5.6.2. Additionally, you agree not to:
You hereby grant the Company and any of its Service Providers who work with, for or on the Company’s behalf for the purpose of providing the Service(s), permission to translate, modify, and reproduce Your Materials and otherwise act with respect to such Materials in each case to enable us to execute the Services you have ordered.
The Company reserves the right to modify its fees and charges at its sole discretion and/or to introduce new charges at any time by electronic mail and/or by updating the Translation Pricing section on the Website. Any fees and charges provided to you by electronic mail are confidential, and you agree not to disclose them to any third party.
6.1. Pre-paid Translation Service(s)
Service fees shall be paid by you in advance, in the amount set forth and acknowledged by you upon ordering the applicable Translation Service Type offered under the Pre-paid Translation Service. Translation Service fees can be found on the main page of the Website.
6.1.1. Job Placement, Opening Hours, Payment Terms & Turnaround Times
6.1.2. Refund Policy
In accordance with Australian Consumer Law (ACL) requirements, partial and full-refunds are offered under the following circumstances:
25% Refund + Translated Work: If more than 4 hours or an additional 25% delivery time is required in accordance with the CRNST Expedition Promise & Guarantee from the time of job allocation confirmation, whichever the greater.
50% Refund + Translated Work: If more than 18 hours or an additional 50% delivery time is required in accordance with the CRNST Expedition Promise & Guarantee from the time of job allocation confirmation, whichever the greater.
100% Refund + Translated Work: If more than 24 hours or an additional 75% delivery time is required in accordance with the CRNST Expedition Promise & Guarantee from the time of job allocation confirmation, whichever the greater.
Please note, the refund schedule above does not apply to Localization Services.
6.2. Localization Service(s)
The rendering of Localization Services requires an Agreement of Service to be made and entered into by and between the Client and the Company prior to commencement of work. Fees will be acknowledged and agreed upon by email correspondence between the Client and the Company at any time prior to entering into an Agreement of Service. The Company reserves the right to revisit, recalculate, amend, or increase any agreed upon fees at any time based on additional instructions provided by the Client which would result in additional work to be completed. In this case, the Company and the Client will agree upon the amended or additional fee amounts in writing, and it may be subject to a supplementary Agreement of Service.
Payment for Localization Services will be made in accordance with the payment blocks / milestones identified in the Agreement of Service, and payable on a scheduled basis. Depending on the terms of the Agreement of Services, an initial deposit prior to the commencement of work may also be required.
In order to sustain the Services, it is important that you honour the payment terms and obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts outstanding in connection with a Localization Service made under contract. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
6.2.1. Refund Policy – Terms for refunds and partial refunds based on delivery times will be negotiated between the Company and the Client directly and in writing prior to the commencement of work, and once agreed upon shall form an inseparable part of the applicable Agreement of Service. Any refund provisions written into an Agreement of Service will comply with Australian Consumer Law (ACL) requirements.
7.1. Our rights:
7.1.1. No liability for Inaction – We have the right to assume no liability for any inaction regarding transmissions or communications by any user or third party that has not been knowingly received; and assume no liability for inaction on the performance of a Service in relation to Materials provided or uploaded for which pre-payment has not yet been received, or an Agreement of Services has not yet been entered into between the Company and the concerned;
7.1.2. Appropriate Legal Action – We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or uploading any materials on or through the Website.
7.2. Your obligation:
You are obligated to waive and hold harmless the Company, its Service Providers and its affiliates, any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to:
8.1. Limitation of Liability
THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL COMPONENTS THAT MAY INFECT YOUR ELECTRONIC DEVICES, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY SOFTWARE DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, OR VIA EMAIL IN CONJUNCTION WITH A SERVICE, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL FOUND ON THE WEBSITE, OR ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.1. Right to Amend
The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon display on the Website, and that any modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, You agree that the remaining sections and sub-sections and/or the prior, effective sections and sub-sections of this Agreement, will be enforceable to the fullest extent possible.
9.3. No Waiver
In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any section or sub-section of this Agreement will not constitute a waiver of any other section or sub-section.
This Agreement shall be governed by and construed in accordance with the laws of Australia. You and Cornerstones Translation irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland, Australia.
In case of any dispute between the Parties relating to or arising out of this Agreement including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, the Parties shall first attempt to resolve the dispute personally and in good faith. If personal resolution attempts fail, the dispute shall be referred to and finally resolved by binding arbitration. The arbitration shall be conducted in the Australian state of Queensland. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary provisions of this Agreement, award punitive damages, or certify a class. The arbitration proceedings shall be conducted in English.
10.2. Limitation on Time to Submit Claims
Any cause of action or claim you may have arising out of or relating to the Agreement must be commenced within six (6) months from the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
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