Terms and Conditions

1.1. “Accepted Quote” means a Quote which the Client accepts in writing to HCT, including by the Client giving written notice to HCT to proceed with the Services or by the Client clicking ‘Proceed’ or ‘Order Now’, or the like on a Quote (provided that the Client is not permitted to make any change to the Quote and if the Client does so the Quote is deemed to be not accepted by the Client);

1.2. “Client” means the client that requests translation services from HCT (or on whose behalf translation services are requested) as subsequently named in the Quote;

1.3. “Confidential Information” means any proprietary information, know-how and data disclosed in confidence by one party to the other party (including in the case of the Client the Source Materials and the Deliverables), but does not include any information which (a) is in the public domain; (b) on receipt by the other party is already known by that party; (c) is at any time after the date of receipt by the other party, received in good faith by that party from a third party; (d) required by law to be disclosed by the other party;

1.4. “Contract” means a contract comprising an Accepted Quote and these terms and conditions.

1.5. “Credit Account” means an account made available to the Client following completion of a credit account application form (with all requirements satisfied) and validation of the application by HCT’s finance team.

1.6. Approved Credit Limit: On the creation of the Credit Account, HCT specifies a Credit Limit for the Client. No credit invoice can go beyond the Approved Credit Limit.

1.7. “Deliverables” means the final deliverables produced as a result of the Services.

1.8. “Intellectual Property” includes all copyright, trademarks, designs, patents, domain names, concepts, know-how, trade secrets, logos and all other similar property and rights whether registered or unregistered.

1.9. “Quote” means a quote issued by HCT to the Client.

1.10. “Services” means the services specified in the Quote.

1.11. “Source Materials” means the document/s submitted by the Client for translation, as identified in the Quote.

1.12. “HCT” means Harry Clark Translation, a company registered in New Zealand.

1.13. “Website” means HCT’s website at www.HarryClarkTranslation.co.nz.

1.14. “Working Day” means any day other than a Saturday, Sunday, or public holiday in New Zealand.

2.1. Each request for translation services is made subject to these terms and conditions.

2.2. No contract exists in respect of any request for translation services or in respect of any Source Materials that may be submitted to HCT, unless and until there is an Accepted Quote. Once there is an Accepted Quote, a ‘Contract’ is formed between the Client and HCT in respect of the Services described in that quote.

2.3. Subject to clause 2.4, HCT will issue a Quote after receiving from a client a request for translation services.

2.4. HCT reserves the right to decline to issue a Quote or to provide any translation services if the Source Materials contain any material which HCT, at its discretion (and without any obligation on HCT to review the Source Materials for appropriateness, legality or otherwise) considers to be offensive, obscene, contrary to any law or otherwise considered by HCT to be inappropriate.

4.1. The Client will pay all applicable fees as specified in the Quote, which will be due for payment or invoiced in accordance with clause 4.2 or clause 4.3 (as applicable) unless alternative timing for payment being due or invoices being issued is specified in the Accepted Quote.

4.2. In this clause 4.2, ‘1000’ is determined in the currency specified in the Quote (which will be either GBP, USD, NZD, AUD, CAD, SGD, EURO, JOD, or AED). Except where clause 4.3 applies, if the total amount payable is:

a) 1000 or less, the TOTAL amount is due prior to commencement of the Services.

b) greater than 1000:

• 60%, (or more), of the total amount payable is due prior to commencement of the Services; and
• 40%, (or balance), of the total amount payable is due prior to release of the Deliverables (whether in softcopy or hard copy) to the Client; and

c) if HCT expects the duration of the Services to exceed 30 days:

• 40% of the total amount payable is due prior to commencement of the Services.
• 30% of the total amount payable is due halfway through the expected duration of the Services (for example if the Services are expected to take 40 days, the second payment is due on day 20); and
• 30% of the total amount payable is due prior to release of the Deliverables to the Client.

4.3. Where the Client has a Credit Account with HCT, it is important that no credit invoice is issued beyond the Approved Credit Limit. The client should make a progressive payment in advance to stay in line with the Approved Credit Limit to cover for the credit invoices. No credit invoice may be issued in excess of the Approved Credit Limit.

a) if HCT expects the duration of the Services to be less than 30 days, HCT will issue invoices to the Client as follows:

• 50% of the total amount payable for the relevant Deliverables, prior to commencement of the Services.
• 50% of the total amount payable for the relevant Deliverables, prior to release of the Deliverables to the Clien

b) if HCT expects the duration of the Services to exceed 30 days, HCT will issue invoices to the Client as follows:

• 30% of the total amount payable for the relevant Deliverables, prior to commencement of the Services; and
• 30% of the total amount payable for the relevant Deliverables, halfway through the expected duration of the Services (for example if the Services are expected to take 40 days, the second invoice will be issued on day 20); and
• 40% of the total amount payable for the relevant Deliverables, prior to release of the Deliverables to the Client.

c) if HCT expects the duration of the Services to exceed 60 days, unless otherwise specified in the Quote, HCT will issue monthly invoices to the Client, pro-rating the total amount payable to a per month amount, based on the expected duration of the Services, without exceeding the Approved Credit Limit. All invoices issued to Clients that have a Credit Account are due for payment by the 20th of the month following the month of the invoice, unless otherwise specified.

4.4. All payments must be made in full without deduction or set-off.

4.5. Any applicable tax (VAT or GST), and any other applicable taxes and duties are added to the amount charged.

4.6. If any amount is not paid by the due date:

• HCT may charge a penalty on that amount at 10% per annum calculated from the due date up until the date that payment is received by HCT.
• HCT may suspend provision of Services or may cease to provide the Services or Deliverables and may at its discretion terminate the Contract in accordance with clause 10.2.

4.7. Where the Client is required to pay a deposit (an amount payable prior to commencement of the Services) and the Client pays by credit card, the Client’s credit card will be stored in HCT’s third party online secure payment processing provider. Your card will be charged for the remaining figure (quote minus deposit already paid) on completion of the job and prior to the files being released.

4.8. All invoices will be rendered in, and payable in the local currency, unless agreed otherwise with the Client. Prices are quoted exclusive of VAT/GST, unless stated otherwise. VAT/GST will be added at the appropriate rate to all quoted prices.

4.9. Additional fees will be payable in the case any of the following are required to complete any work:

• Any investigation, inquiry, or research beyond that for a normal routine translation required because of ambiguities in the items to be translated.
• Additional services required because the Client has made changes in the items to be translated after confirmation of the order.
• Changes to a translated or revised text not required for accuracy, but requested by the Client after delivery, because of the Client’s preferences as to style or vocabulary.

4.10. The Client shall reimburse HCT for other necessary expenses, such as:

• Out-of-pocket travel expenses, whenever warranted, at cost basis.
• Necessary travel time as agreed.
• urgent or express document delivery services requested by the Client, long distance telephone expenses to clarify document ambiguity, or verification services contracted to third parties

5.1. HCT will provide a refund to the Client in respect of the affected pages translated if:

a) Translation no longer required: The Client terminates a Contract (or partially terminates a Contract) under clause 10.1.

b) Non–Delivery of Translation: the electronic translation is not delivered to the Client after 14 Working Days from the delivery date specified in the Accepted Quote, provided that no refund will be made if the Client has not provided all required information to HCT, as requested by HCT, in a timely manner.

c) Translations not-as-required: the Deliverables as supplied to the Client are significantly different from the deliverables required by the Client as specified in the Accepted Quote (for example, the Deliverables are in the wrong target language); or

5.2. In the event of any monetary refund, the return payment will be 100% of the amount paid by the Client for the specific affected pages less courier and handling costs, and only if the following actions/conditions have been completed/fulfilled within 10 Working Days of submission of the relevant Deliverable to the Client:

a. The request for a refund is received by HCT, in writing via email sent to accounts@HarryClark.co.nz; phone calls will not be sufficient. The request for a refund must include Job #, date of commissioning, name of company under which the service was commissioned, name of person the invoice was billed to, the e-mail address used at the time of the commissioning of the required service and the manner in which the service was paid for (e.g. Credit Card, Cash, Remittance).

b. The Client completed the required checklist providing the appropriate background, overview, audience, language tone, reserved words and glossary terms as requested prior to dispatch of the any of the Source Materials by HCT to an HCT translator.

c. Where applicable the Client has reasonably explained why any rectifications proposed by HCT would not be effective.

d. An undertaking that is endorsed by the Client and submitted to HCT that clearly states that the Client will not use the relevant Deliverables / translations delivered by HCT in part or in whole for personal, business, commercial or any other purposes.

5.3. HCT will endeavor to investigate and where applicable to process refunds within 5 Working Days of receipt of a refund request, but refund requests may take up to 2 weeks to investigate and process. A reply will be sent to the Client after HCT has determined whether a refund is necessary. If HCT determines that the refund request meets the requirements of this clause 5, HCT will notify the Client in writing and advise the payment method that will be used to refund the monies paid.

6.1. Nothing in this Contract transfers to HCT, ownership of any Intellectual Property in the Source Materials or the Deliverables.

6.2. All Intellectual Property in the processes, methodology and know-how used by HCT in its performance of a Contract are and will remain the property of HCT. Nothing in any Contract transfers to the Client any of HCT’s Intellectual Property.

7.1. The parties recognize and acknowledge the confidential nature of the Confidential Information.

7.2. Neither party may disclose any Confidential Information other than:

a. to its directors, employees, contractors, or subcontractors to the extent necessary in the performance of the Contract. b. with the express prior written consent of the other party; or c. to its professional advisers.

8.1. The Client represents and warrants to HCT that:

a. it owns or has all necessary rights in the Source Materials to entitle it to submit the Source Materials to HCT and to request the Services and that by doing so the Client is not infringing the Intellectual Property rights of any third party.

b. it will not submit and has not submitted anything to HCT or to the Website and will not use anything in respect of its use of the Website, the Services or otherwise in connection with HCT (whether a device, software or any other thing whether embedded into the Source Materials or otherwise) that will or could interfere with the functioning of HCT’s systems and/or the Website; and

c. it has authority to enter into and perform and the ability to perform its obligations under this Agreement.

8.2. The Client indemnifies HCT against any losses, costs (including legal costs on a solicitor and own client basis), expenses, demands or liability whether direct, indirect, consequential or otherwise, and whether arising in contract, tort (including negligence), equity or otherwise, arising out of a claim by a third party where the claim arises from any breach of the representations and warranties made by the Client in this clause 8.

9.1. HCT warrants that it has authority to enter into and perform and the ability to perform its obligations under this Agreement.

9.2. Except as expressly provided in these Terms, all warranties, terms and conditions (including, without limitation, warranties, and conditions as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded by HCT to the extent permitted by law.

10.1. The Client may, without cause, terminate a Contract (or, subject to this clause 10.1, part of a Contract) at any time up until 30 minutes after first payment in respect of that Contract has been received by HCT, by giving written notification to HCT within that 30 minute-time period. The Client may only terminate part of a Contract where separate pricing is specified in the Accepted Quote for the Services no longer required. Where a Contract is partially terminated under this clause, the Client must, at the time of giving notice of termination, specify the Services that are no longer required.

10.2. Without limiting any other rights or remedies that HCT may have, HCT may terminate the Contract on written notice to the Client if the Client fails to pay any overdue amount within five days following written notice from HCT requiring payment.

10.3. Without limiting HCT’s rights under clause 10.2, either party may terminate the Contract immediately if the other party

a. breaches any of its obligations under the Contract and fails to remedy the breach within 20 days of receiving notice requiring the breach to be remedied; or

b. becomes insolvent or goes into liquidation or has a receiver or statutory manager appointed over its assets or ceases to carry on business or makes any arrangement with its creditors.

10.4. On termination of a Contract:

a. any amounts due to HCT will become immediately due and payable.

b. the provisions of the Contract that are by their nature intended to survive termination will remain in full force.

11.1. Subject to clause 11.2, HCT will be liable for direct loss only (excluding loss of business or profits and excluding all consequential loss) up to a maximum of US$100.

11.2. For ‘Premium’ Services, HCT will be liable for direct loss only (excluding loss of business or profits and excluding all consequential loss) up to a maximum of the amount paid by the Client to HCT for the Services.

11.3. To the extent permitted by law, all implied warranties are excluded.

11.4. HCT shall have no liability to the Client for any loss, damage, cost, expense, or other claim arising from any original documentation or instruction supplied by the Client being incomplete, inaccurate, incorrect, illegible, out of sequence or in the wrong form or arising from their late arrival or non-arrival.

11.5. HCT shall have no responsibility whatsoever for any change made to a translation or revision by any person other than HCT.

11.6. HCT shall have no liability to the Client for delays due to any cause beyond HCT’s reasonable control.

12.1. Where any dispute arises between the parties concerning a Contract or the circumstances, representations, or conduct giving rise to the Contract, neither party may commence any court or arbitration proceedings relating to the dispute unless that party has complied with the procedures set out in this clause 12.

12.2. The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for the negotiations. The other party must within seven days of receipt of the notice, give written notice to the first party naming its representative for the negotiations. Each representative nominated will have authority to settle or resolve the dispute.

12.3. If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party, then the parties must immediately refer the dispute to mediation.

12.4. The mediation must be conducted in terms of the LEADR New Zealand Inc Standard Mediation Agreement. The mediation must be conducted by a mediator at a fee agreed by the parties. Failing agreement between the parties, the mediator will be selected, and his/her fee determined by the Chair for the time being of LEADR New Zealand Inc.

13.1. If the Client acquires, or holds itself out as acquiring, goods or services from HCT under a Contract for the purposes of a business, and the Consumer Guarantees Act 1993 would apply were it not for this clause 13.1, the Consumer Guarantees Act 1993 will not apply.

15.1. Notices under each Contract must be in writing and sent by post or facsimile to the address or facsimile number specified in the Quote (unless otherwise notified on seven days written notice).

15.2. Notices sent by post shall be deemed received 10 days after posting to or from an overseas destination and three days after posting locally within the country and notices sent by facsimile shall be deemed received on transmission so long as the sender has a transmission report specifying the correct number of pages sent, the date and time of transmission and that transmission was successful.

15.3. If you need to contact us, please email us on admin@HarryClark.co.nz and include your name and job reference number.

16.1. Each Contract is governed by and construed in accordance with New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand courts. If any provision of these Terms is invalid, or unenforceable in whole or in part, the validity and enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

• Independent Subcontractor: The Contractor (Interpreter/Translator) is engaged as an independent subcontractor under their active New Zealand Business Number (NZBN) and IRD setup. Nothing in this Agreement creates an employment, agency, partnership, or joint venture relationship between HCT and the Contractor.
• No Exclusivity & Control: The Contractor retains full autonomy over how, when, and where they perform the work, provided client deadlines and quality expectations are met. The Contractor is free to perform services for other agencies or clients.
• Taxation & KiwiSaver: The Contractor is solely responsible for their own tax obligations (including Withholding Tax / schedular payment rules where applicable), GST compliance (if registered with Inland Revenue), and insurances. The Contractor manages their own KiwiSaver contributions as an independent operator.

• Code of Ethics: Contractors must strictly adhere to the NZSTI (New Zealand Society of Translators and Interpreters) Code of Ethics or the AUSIT Code of Ethics (Accuracy, Impartiality, Confidentiality, Competence, and Professional Conduct).
• Credentials: Where a project or booking requires certified credentials, the Contractor confirms they hold and maintain valid certification (such as NAATI or NZSTI recognition) for the specified language pair and direction.
• Non-Certified Work: Where formal certification is not specified or required, the Contractor warrants that they possess the necessary professional fluency, domain expertise, and qualifications to carry out the work to industry standards.

3.1 Rate Setting & Minimum Charges

• Contractor Rates: The Contractor determines and sets their own fee schedule, hourly rates, and minimum billable blocks (e.g., 1-hour, 2-hour, or half-day minimums for interpretation).
• Purchase Order Acceptance: Before any assignment commences, HCT and the Contractor will agree upon the job rate, minimum charge, and estimated duration in an official HCT Purchase Order (PO). The issued PO forms the binding agreed fee for that assignment.

3.2 Overtime & Variations

• Time or word count extending beyond the initial PO must be verified and approved in writing by HCT before additional fees can be invoiced.

• Deadlines: Agreed delivery dates and times in the PO are strict and time is of the essence.
• Accuracy & Formatting: Translations must accurately reflect the source text in full (including stamps, seals, annotations, and formatting) without unauthorised omissions or additions.
• Defect Rectification: If a translation contains clear errors, omissions, or formatting flaws, the Translator must correct the work within an agreed timeframe (typically 24 hours) at no additional charge.

5.1 Core AI Principles & Human Accountability

• Human-Led, AI-Assisted: All deliverables must ultimately be produced, reviewed, and approved by qualified human linguists. AI may assist workflow, but must never replace human expertise.
• ISO Principles & Standards: Workflows utilizing AI must comply with ISO 17100 and ISO 27001 principles to ensure transparency, security, and human quality assurance.
• Agency & Contractor Liability: AI tools do not reduce or remove the Contractor's or HCT's obligations or financial liability for quality, accuracy, confidentiality, and legal compliance. AI output is treated as raw material, not a final product.

5.2 Permitted AI Use Cases

Unless explicitly prohibited by client instructions or project POs, Contractors may use approved, enterprise-grade AI tools solely for:

• Terminology extraction and glossary suggestions
• Style analysis and formatting assistance
• Quality-assurance checks, proofreading, and script alignment
• Draft translations for internal reference, provided compulsory human post-editing and revision are performed.

5.3 Prohibited AI Use & Public Engines

Contractors are strictly prohibited from:

• Uploading client content into public AI tools, free online machine translation engines (e.g., public ChatGPT, free DeepL, Google Translate), or any platform that retains user data or trains models on user input.
• Producing final deliverables using AI without full human review and post-editing.
• Utilizing AI for sensitive, legal, medical, or regulatory documents without explicit, written approval and enterprise security infrastructure.
• Violating specific client instructions, including "No-AI" or "Human-Only Translation" mandates.

5.4 Zero Data Retention & Training Restrictions

• No AI Training on Client Data: Client content must never be used to train AI models or contributed to external AI training datasets.
• Secure Infrastructure: Any AI tool utilized must operate on enterprise-grade, encrypted systems providing zero data retention, allowing data deletion, and conforming to enterprise security standards.

• Punctuality & Arrival: Onsite interpreters must arrive at the venue 15 minutes prior to the start time. Remote interpreters (VRI/OPI) must log into the designated platform at least 10 minutes prior for connection testing.
• Role Boundaries: Interpreters act solely as neutral linguistic conduits. Interpreters must not offer legal advice, medical opinion, personal advocacy, or administrative assistance.
• Preparation: Contractors are expected to review all preparatory context materials provided by HCT or the Client prior to the hearing or session.

7.1 Strict Non-Disclosure Obligation

• The Contractor acknowledges that in performing services for HCT, they will gain access to highly sensitive, confidential, and proprietary information ("Confidential Information"), including source texts, court affidavits, medical records, personal data, commercial contracts, and trade secrets.
• The Contractor must keep all Confidential Information strictly confidential and shall not disclose, reproduce, summarize, or distribute any part of it to any third party without HCT's express prior written consent.

7.2 Duration of NDA

• Confidentiality obligations apply throughout the engagement and survive perpetually following the termination or completion of any assignment.

7.3 Data Handling & Deletion Protocol

• Files must be stored on secure, password-protected systems.
• Upon project completion or upon immediate request by HCT, the Contractor must permanently delete or return all source materials, reference files, draft translations, and audio recordings from local and cloud storage.

8.1 Interpretation Cancellations

• Cancellation > 24 Hours Notice: No cancellation fee is payable to the Contractor.
• Cancellation < 24 Hours Notice: The Contractor will be paid the agreed minimum booking fee specified in their accepted Purchase Order.
• Pre-Approved Expenses: Non-refundable travel, accommodation, or transit costs incurred prior to cancellation will be reimbursed upon provision of valid tax receipts.

8.2 Translation Project Cancellations

• If a translation assignment is cancelled by the Client prior to completion, the Translator will be paid on a pro-rata basis for the verified word count completed up to the exact time written cancellation notice was issued.

• Assignment of IP: All intellectual property rights, copyright, and work product generated by a Translator/Interpreter in connection with an HCT PO automatically assign to HCT (and its client) upon payment.
• Moral Rights: The Contractor consents to HCT and its clients using, modifying, and publishing the translated material as required for business and official purposes.

• Direct Dealing Prohibition: The Contractor agrees not to directly or indirectly solicit, deal with, accept direct assignments from, or contract with any HCT client or end-user introduced to them by HCT for a period of 12 months following the most recent assignment.
• Referral Obligation: If an end-client approaches an interpreter or translator directly during or after an assignment, the Contractor must immediately direct the client back to HCT.
• Liquidated Damages: Any breach of this clause entitles HCT to claim liquidated damages equivalent to HCT’s projected gross margin lost or $10,000 NZD per breach, whichever is higher.

• Contractor Indemnity: The Contractor indemnifies HCT against any loss, damage, legal cost, or claim resulting from the Contractor’s gross negligence, deliberate misconduct, breach of confidentiality, or unauthorized sub-contracting.
• No Sub-Contracting: The Contractor must personally perform the agreed assignment and cannot delegate or sub-contract the work to another individual without express written approval from HCT.
• Limitation of HCT Liability: HCT’s maximum aggregate financial liability to the Contractor for any claim arising under an assignment is limited to the total fees payable under the specific Purchase Order for that assignment.

• Invoicing: Invoices must be submitted upon delivery of translation or within 7 days of interpretation completion, quoting the valid HCT Purchase Order (PO) Number, Contractor NZBN / IRD details, bank details, and GST breakdown (if applicable).
• Payment Terms: Standard payment terms are 30 days from receipt of a valid tax invoice.

• HCT: Harry Clark Translation Limited (NZ Company Number / NZBN registered in New Zealand).
• Client: The individual, corporate body, or organisation requesting interpretation services.
• Assignment: The scheduled onsite or remote (VRI/OPI) interpretation session.
• Services: Professional oral interpretation provided via qualified or accredited linguists. Where required by New Zealand law, ministry or court guidelines (such as Ministry of Business, Innovation and Employment - MBIE standards), or explicitly requested by the Client, HCT will provide NAATI-certified or NZSTI-recognised professional interpreters. Otherwise, HCT pairs assignments with highly qualified non-certified or specialized industry-experienced interpreters as appropriate.

• Assigned Personnel: Unless explicitly agreed in writing as part of a large-scale event management package, HCT supplies only the designated professional interpreter(s) to the assignment location or virtual platform.
• Administrative Presence: An HCT Administrative Representative will not attend the assignment. The Client and host party are responsible for managing the site, platform access, meeting flow, and agenda.
• Platform & Venue Access:
  • Remote (VRI/OPI): The Client is responsible for providing valid video link credentials (e.g., Zoom, MS Teams) and technical setup at least 24 hours prior to the start time.
  • Onsite: The Client must ensure safe physical access to the venue, clear instructions, and compliance with New Zealand Health and Safety at Work Act 2015 (HSWA) standards.

• Onsite Interpretation: A minimum charge of 2 consecutive hours applies to all onsite assignments, regardless of whether the actual assignment duration is shorter.
• Remote Interpretation (VRI/OPI): A minimum charge of 1 hour applies to all scheduled telephone or video interpretation sessions.
• Rounding: Time beyond the initial minimum block is billed in 30-minute increments.

• Excess Time: Interpreters are committed only for the scheduled window. If an assignment extends past the agreed end time, overtime applies, subject to the interpreter’s availability.
• Standard Overtime: Hours exceeding the agreed booking window are charged at 1.5x the hourly rate.
• After-Hours & Weekends: Assignments conducted outside standard business hours (8:00 AM – 6:00 PM NZST/NZDT), on weekends, or on New Zealand national or regional public holidays incur an after-hours surcharge rate (up to 2.0x standard rate).

5.1 Client or End-User No-Show

• Without Valid Reason: If the interpreter attends (onsite or remotely) and the Client or end-user fails to appear within 30 minutes of the scheduled start time, the assignment is deemed a "No-Show." The Client remains liable for 100% of the total quoted booking fee plus any incurred travel or out-of-pocket expenses.
• With Valid Reason (e.g., Medical Emergency, Unforeseen Court Adjournment): If an end-user fails to show due to a verified emergency, the minimum booking charge (or 100% of the booking fee if notice is under 24 hours) still applies. This ensures contract interpreters are compensated for locked schedule time.

5.2 Interpreter No-Show

• If an HCT interpreter fails to appear due to an emergency or force majeure, HCT will make all reasonable efforts to supply a substitute qualified or NAATI/NZSTI-accredited interpreter.
• If no substitute can be provided, the Client receives a 100% refund or credit for the unperformed service. HCT carries no liability for indirect losses or secondary damages.

All cancellations must be provided in writing to HCT during business days (excluding weekends and New Zealand regional/national public holidays).

• Non-Refundable Expenses: Irrespective of notice length, any non-refundable travel expenses (flights, accommodation, parking, mileage) incurred by HCT are payable in full by the Client.

• The Client agrees not to directly solicit, engage, or hire any interpreter provided by HCT for a period of 12 months following the completion of the assignment.
• Breach of this clause incurs a liquidated damages fee equivalent to the estimated agency placement charge or $10,000 NZD per occurrence.

8.1 Accreditation & Qualification Requirements

• Where specified, required by New Zealand court and tribunal guidelines, or explicitly requested by the Client, HCT guarantees that assigned interpreters hold appropriate professional credentials (e.g., NAATI Certified Court Interpreter level or NZSTI full membership).
• For matters where certified credentials are not legally mandatory or where certification is unavailable for rare languages/dialects, HCT provides verified professional legal interpreters.

8.2 Advance Preparation Materials

• To ensure accuracy and compliance with legal standards, the Client must provide HCT with relevant preparatory documents (e.g., charge sheets, affidavits, witness statements, list of key names/terms, or pleadings) at least 48 hours prior to the assignment.
• All materials supplied remain strictly confidential and subject to HCT’s Non-Disclosure policies.

8.3 Court Delays & Waiting Time

• Legal proceedings frequently suffer from schedule shifts. The minimum booking fee for court or tribunal assignments covers up to the agreed block.
• If a court hearing is delayed, adjourned, or runs beyond the booked schedule, waiting time is billed at HCT's standard hourly or overtime rate, depending on the time of day. Interpreters are required to remain on standby only for the duration paid or agreed upon by HCT in real time.

8.4 Team / Tandem Interpreting for Extended Hearings

• For simultaneous interpretation in court hearings or depositions exceeding 2 consecutive hours, HCT requires two (2) interpreters working in tandem to mitigate cognitive fatigue and maintain accuracy standards.
• If the Client declines tandem coverage, HCT accepts no liability for fatigue-related pauses or mandatory 15-minute rest breaks required every 45–60 minutes.

9.1 Professional Role & Boundaries

• Interpreters provided by HCT serve solely as neutral linguistic conduits. The interpreter will not provide medical advice, opinion, personal assistance, or clinical triage under any circumstances.
• Where certified medical interpreters are explicitly required or requested, HCT will assign suitably accredited or credentialed linguists. In all other cases, qualified healthcare interpreters are supplied.
• The Client (healthcare provider or facility) maintains sole clinical responsibility for the patient and the outcome of the consultation.

9.2 High-Risk & Infection Control Standards

• Onsite Safety: The Client is responsible for ensuring the interpreter is provided with appropriate Personal Protective Equipment (PPE) where required (e.g., isolation wards, infectious disease clinics) in line with NZ health and safety standards.
• Refusal Rights: An interpreter reserves the right to withdraw from an onsite medical setting without penalty to HCT or the interpreter if the environment poses an immediate, unmanaged threat to personal health or safety (e.g., lack of mandatory PPE).

9.3 Informed Consent & Complex Procedures

• For surgical briefings, mental health assessments, or complex consent procedures, the Client must allow a brief pre-session alignment (3–5 minutes) between the practitioner and interpreter to clarify specialized clinical terminology or sensitivity protocols.