Home » Terms and Conditions

Terms and Conditions


Definitions

Client means the person, organisation, firm, company, department or otherwise engaging the Company to perform Services.

Company means Language Exchange Australia ABN 28 878 284 965 trading as Language Exchange Australia.

Rates means the fee payable for the Services as agreed between the Company and the Client.

Service(s) means services for on-site interpreting, training, consultancy and any other service provided by the Company to the Client.


Interpretation

Any reference to "us", "our" or "we" is a reference to the Company.

Any reference to “you” is a reference to the Client.

General obligations

When a booking request is placed with the Company by a Client or the Client accepts Services provided by the Company, the Client is taken to have agreed to these Terms and Conditions and to our Privacy Policy.

The Client warrants to the Company that it has the authority to enter into any agreements with the Company including the engagement of interpreters and other Services provided by the Company from time to time. 

The Client agrees that it is not insolvent and has the required legal capacity to enter into any agreements with the Company and duly perform its obligations under that agreement in a timely manner. 

These Terms and Conditions may only be amended by the Company.  Any amendment will take effect from the date of publishing the updated Terms and Conditions on this page.

Payment

When the Client uses our Services, we will issue the Client with a tax invoice via email to the email address as notified in the Client's booking request or alternative email or contact address as notified by the Client.  The Client agrees to pay all invoices to our nominated bank account in full within 14 days from the date of issue by the Company, or via any other means available as notified by the Company.  

The Company may require an upfront payment from the Client under certain circumstances and the Company will notify the Client if an upfront payment is required.

In the event that payment of an invoice issued by the Company to the Client has not been paid by the due date as specified on the invoice, the Company may take steps to recover any outstanding amount payable and the Client agrees to pay any costs incurred by the Company or third party as a result, including but not limited to legal costs, administration costs and debt collection costs.

The Company reserves its right to charge the Client interest at the rate of 4% above the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) on any overdue amounts payable.

All advertised Rates are exclusive of GST. 

The Client agrees to pay, without deduction or set off, an amount equal to any GST the Company must pay for supplying the Services under this agreement to the Client.  The Client agrees to pay any amount required for GST at the same time and on the same basis as the Client pays the Rates and any other invoices payable to the Company.

The Company reserve its right to vary the advertised rates without further notice at any time. 

Travel costs

For any Services that require travel in excess of 30 km from the Melbourne GPO (350 Bourke Street, Melbourne, Victoria 3000), the Client agrees that mileage costs may apply in addition to the Rates for the Services.

Regional Service Charge - Victoria

The Client agrees that additional costs may apply for any Services that exceed 100 kilometres return from the Melbourne GPO.

A breakdown of additional costs is as follows:

For Services between 100-199 km return trip, that do not exceed 4 hours in total - a 50% loading will apply to our Rates.

For Services greater than 200 km return trip, that do not exceed 8 hours in total - a 200% loading will apply to our Rates.

The above loadings are determined on the basis of the Victorian Government's Regional Service Charge, and are designed to compensate interpreters for lost opportunities in taking on regional work.

Other travel costs

The Client agrees to pay any expenses in relation to regional, interstate or international travel by our independent contractor interpreters, agents or employees including the cost of any airline, taxi, uber or bus ticket, travel insurance costs, accommodation expenses and a food allowance of $25.00 per day.

Cancellations

The Client acknowledges that unforseen circumstances may arise which can cause interuptions or cancellations to the Services we provide.  Where an interpreter is unable to attend to a pre-arranged appointment, we will notify the Client via writing or verbally and endeavour to promptly arrange for a replacement interpreter of equivalent certification and experience, where possible.  

In the event that a suitable replacement is unable to be arranged, we will happily waive any booking fee or refund any amounts already paid in relation to that particular appointment, where the cancellation is not caused by the Client.

The Client agrees that we are not liable for any loss or damage caused as a result of any cancellation, delay or inability to provide the Service requested, whether by act of God or otherwise.

We reserve the right to cancel any pre-arranged appointment or Service where the Client becomes insolvent, enters into administration (voluntary or otherwise) or in our opinion the Client is not reasonably able to fulfil its obligations for any payment for the Services provided.

Where the Client cancels the Services the Client is liable for any costs, loss or damage incurred by us as a result of the cancellation.

If the Client cancels an appointment within 24 hours of the scheduled commencement time, the Client agrees to pay the full amount of the Rates payable for the Service.

If the Client cancels an appointment before 24 hours of the scheduled commencement time and notifies us of the cancellation by email or phone, the Client is not required to pay any Rates, unless as earlier advised by us or bookings have been placed for multiple or consecutive days.

Intellectual property

Where the Company has designed, developed, created, drawn or formed any items, video, material, document or program (Content) for the Client or for use by the Client, the Client agrees and acknowledges that all Content remains the property of the Company at all times, unless otherwise specified.

Confidentiality

The Client and the Company acknowledge and agree to treat all information communicated between the parties confidentially and will not divulge any information to any third party, unless as agreed by writing between the parties, or for the purposes of performing the Services or as required by law.

Governing law

The Company and the Client acknowledge and agree that the laws of Victoria apply to this agreement.

Severability

Where a term of this agreement is deemed invalid, void or otherwise unenforceable, the term will be severed from the agreement and the remainder of the agreement remains in force.