Terms & conditions.

1. Introduction

These Terms and Conditions govern:

1. your access to and use of the Premium Lingua website;
2. requests for quotations submitted to Premium Lingua;
3. quotations issued by Premium Lingua;
4. the provision of translation, interpreting and related language services; and
5. the relationship between Premium Lingua and each client who accepts a quotation or instructs Premium Lingua to begin work.

Please read these Terms before accepting a quotation or instructing Premium Lingua to provide a service.

Use of the website does not by itself place an order for language services. A request for a quotation is an enquiry and does not create a service contract.

Nothing in these Terms excludes or restricts a right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or another applicable law.

2. About Premium Lingua

Premium Lingua is a South African language-services business providing services that may include:

• document translation;
• sworn translation;
• certified translation;
• interpreting;
• editing and proofreading;
• software and website localisation;
• transcription;
• subtitling;
• voice-over translation;
• desktop publishing and typesetting; and
• related language and multilingual-content services.

For each project, the written quotation and invoice will identify the legal supplier contracting with the Client and trading as Premium Lingua.

Premium Lingua’s current contact details are:

Email

info@premiumlingua.co.za

Toll-free telephone

080 001 4539

Johannesburg telephone

011 568 9066

Cape Town telephone

021 300 8854

Business hours

Monday to Friday, 08:00 to 17:30 South African Standard Time, excluding South African public holidays.

3. Definitions

In these Terms:

“Accepted Quote” means a written quotation issued by Premium Lingua that the Client has accepted in accordance with section 5.

“Business Day” means a Monday to Friday, excluding an official public holiday in South Africa.

“Client” means the person, business, organisation or other entity requesting or purchasing Services from Premium Lingua.

“Deliverables” means the translated document, interpretation service, transcript, subtitle file, voice recording, localised content, formatted file, certificate or other output described in an Accepted Quote.

“Premium Lingua”, “we”, “us” and “our” refer to the supplier identified in the applicable quotation and invoice and trading as Premium Lingua.

“Quote” means a written quotation issued by Premium Lingua describing the proposed Services, scope, price and other project-specific terms.

“Services” means the language or related services described in an Accepted Quote.

“Source Materials” means every document, file, recording, image, text, instruction, reference item, glossary or other material supplied by or on behalf of the Client.

“Terms” means these Terms and Conditions, as lawfully amended from time to time.

4. Application and order of priority

These Terms apply to every request for Services and every project undertaken by Premium Lingua unless Premium Lingua and the Client agree otherwise in writing.

The agreement for a particular project consists of:

1. any written master-services agreement signed by both parties;
2. the Accepted Quote;
3. these Terms; and
4. any written project instructions accepted by Premium Lingua.

If there is an inconsistency, a signed master-services agreement takes priority, followed by the Accepted Quote and then these Terms.

A project-specific provision in an Accepted Quote takes priority over a general provision in these Terms, but no document may remove a statutory consumer right that cannot lawfully be excluded.

Premium Lingua’s Privacy Notice applies separately to the collection and processing of personal information.

5. Quotations and contract formation

5.1 Requesting a quotation

The Client may request a quotation through the website, by email, by telephone or through another channel approved by Premium Lingua.

A quotation request does not oblige the Client to purchase a service and does not oblige Premium Lingua to accept the project.

An automated acknowledgment that a form or email has been received is not confirmation that Premium Lingua has accepted the project.

5.2 Basis of a quotation

A Quote is based on:

• the Source Materials available when the Quote is prepared;
• the word, page, audio-duration or project count available at that time;
• the source and target languages;
• the quality tier selected;
• the intended purpose and audience;
• the required format;
• the delivery date;
• certification, sworn-translation, notarisation or apostille requirements;
• interpreting dates, times and locations;
• the Client’s instructions; and
• any assumptions stated in the Quote.

Premium Lingua may ask to inspect the complete Source Materials before issuing or confirming a Quote.

5.3 Information in the quotation

The Quote should state or describe, where applicable:

• the Services;
• source and target languages;
• scope and volume;
• quality or review tier;
• Deliverables;
• delivery method;
• deadline or project schedule;
• price and currency;
• whether VAT or other taxes apply;
• deposit or payment requirements;
• courier, travel or third-party charges;
• quotation validity period; and
• any project-specific assumptions, limitations or cancellation conditions.

5.4 Reviewing the quotation

Before accepting a Quote, the Client must review it and notify Premium Lingua of any mistake, missing requirement or necessary change.

The Client may request a correction or withdraw from the proposed transaction before accepting the Quote.

5.5 Acceptance

A Quote may be accepted through:

• written acceptance by email;
• an electronic signature;
• an approved online acceptance process;
• payment of a required deposit or advance amount;
• a written purchase order that clearly accepts the Quote; or
• another written instruction that Premium Lingua confirms as acceptance.

A person accepting a Quote for an organisation warrants that they have authority to bind that organisation.

A contract is formed when:

1. the Client accepts the Quote;
2. Premium Lingua confirms the acceptance or begins the agreed work; and
3. any required advance payment has been received.

5.6 Right to decline a project

Premium Lingua may decline a project before acceptance where, for example:

• the work falls outside available expertise or capacity;
• the requested deadline is not reasonably achievable;
• the Source Materials are unlawful or appear to infringe another person’s rights;
• the instructions would require unlawful or unethical conduct;
• a conflict of interest exists;
• the project creates an unreasonable safety or security risk; or
• the parties cannot agree on the scope, price or required process.

6. Client responsibilities

The Client must provide:

• complete, accurate and legible Source Materials;
• the correct source and target languages;
• the intended purpose of the Deliverables;
• the intended audience and country of use;
• the name and requirements of any receiving institution;
• relevant reference documents;
• approved terminology, glossaries and style guides;
• clear formatting instructions;
• correct names, dates, numbers and contact details;
• any available previous translations;
• sufficient background information;
• timely answers to reasonable questions; and
• any access, login, technical or event information required for the Services.

The Client is responsible for checking that the correct version of every file has been supplied.

The Client must inform Premium Lingua before work begins where the Deliverables will be used for:

• court proceedings;
• medical treatment or patient communication;
• immigration;
• regulatory filing;
• legal advice or a legal transaction;
• safety-critical technical instructions;
• financial disclosure;
• academic assessment;
• publication;
• advertising; or
• another purpose involving unusual or potentially significant risk.

The Client warrants that it:

1. owns the Source Materials or has authority to submit them;
2. has authority to instruct Premium Lingua to process any personal or confidential information contained in them;
3. is not infringing copyright, confidentiality, privacy or another person’s rights;
4. will not submit malicious files, software or code; and
5. will use the Deliverables lawfully.

Premium Lingua does not authenticate the truth, validity or origin of the facts contained in Source Materials unless a separate verification service is expressly included in the Quote.

7. Scope, fixed pricing and project changes

The quoted price and deadline are fixed for the scope, Source Materials and assumptions described in the Accepted Quote.

Premium Lingua will not perform chargeable additional work without informing the Client and obtaining written approval, except where immediate action is reasonably required to protect confidential information or prevent material harm.

A revised Quote or schedule may be required where:

• Source Materials are replaced or expanded;
• the actual word, page or audio count materially differs from the quoted count;
• a poor-quality scan requires additional transcription or manual processing;
• previously undisclosed handwritten, technical or specialist content is identified;
• the target language or intended recipient changes;
• additional certification, notarisation, legalisation or apostille work is requested;
• the Client changes the quality tier;
• additional editing, proofreading or fact-checking is requested;
• formatting requirements change;
• additional file formats or hard copies are required;
• the deadline is brought forward;
• the Client requests substantial revisions to previously approved content;
• interpreting times, locations or attendee numbers change; or
• another material aspect of the project changes.

Premium Lingua will explain the effect on price or timing before proceeding with the changed work.

If the Client does not accept a proposed change, Premium Lingua may complete only the original agreed scope or stop work. The Client remains responsible for Services properly performed and approved costs incurred up to that point.

A delivery period begins only after Premium Lingua has received:

• the Accepted Quote;
• all required Source Materials and instructions;
• any required payment; and
• any necessary clarification or recipient requirements.

A delay by the Client may result in a corresponding change to the delivery schedule.

8. Quality tiers and service standard

Premium Lingua may offer different quality tiers, including:

1. translation by an appropriately selected linguist;
2. translation followed by editing by a second linguist; or
3. translation followed by a more extensive proofreading or review process.

The Accepted Quote will identify the selected tier. A second-linguist edit or full proofread is not included unless expressly stated.

Premium Lingua will perform the Services:

• with reasonable care and skill;
• in accordance with the Accepted Quote;
• using appropriately selected language professionals;
• within the agreed period, subject to Client delays and events reasonably outside Premium Lingua’s control; and
• in a manner and quality that people are generally entitled to expect for the agreed service.

Language involves context and professional judgment. A reasonable stylistic preference, where the meaning and agreed brief have been met, is not necessarily a translation defect.

The Client should review the Deliverables promptly and before publication, filing, printing, distribution or submission to a third party.

9. Translation, editing and proofreading

Unless the Quote states otherwise, a translation service concerns the faithful transfer of meaning from the Source Materials into the target language.

Translation does not automatically include:

• rewriting poor source text;
• correcting factual errors in the Source Materials;
• legal review;
• medical review;
• technical validation;
• independent fact-checking;
• verification of citations;
• plagiarism checking;
• regulatory approval;
• localisation testing;
• extensive layout recreation; or
• proofreading of text added after delivery.

Where text is unclear, incomplete or illegible, Premium Lingua may:

• ask the Client for clarification;
• reproduce the uncertainty;
• mark the relevant text as illegible or unclear; or
• state an assumption.

Editing and proofreading are limited to the level of intervention described in the Quote.

The Client must identify any mandatory terminology, product names, names of people, abbreviations or house-style rules before work begins.

10. Sworn, certified, notarised and apostilled translations

A certified translation and a sworn translation are not necessarily the same service.

A certified translation may include a statement or certificate of accuracy in the form described in the Quote.

A sworn translation will, where specified, be prepared and signed by an appropriately admitted or enrolled sworn translator.

Notarisation, legalisation and apostille services are separate processes and are included only if expressly stated in the Quote.

Requirements differ between:

• courts;
• government departments;
• embassies;
• consulates;
• universities;
• professional bodies;
• immigration authorities;
• banks;
• employers; and
• foreign institutions.

The Client must obtain the receiving institution’s current written requirements before accepting the Quote. Premium Lingua may assist in interpreting those requirements but does not provide legal or immigration advice.

Unless Premium Lingua gives an express, recipient-specific guarantee in the Accepted Quote, Premium Lingua does not guarantee that a particular court, embassy, university, regulator or other institution will accept a Deliverable.

Premium Lingua is not responsible for rejection caused by:

• an undisclosed recipient requirement;
• a requirement that changed after the Quote;
• an invalid, fraudulent or incomplete source document;
• differences between the Client’s names or details across documents;
• a requirement for an original document that was not provided;
• a requirement for a different type of certification;
• an institutional policy or discretionary decision; or
• a Client alteration made after delivery.

Where rejection results from an objective error by Premium Lingua, Premium Lingua will investigate and, where appropriate, correct the error without an additional translation fee.

A courier, notary, government office or apostille authority may have its own processing times and charges. Premium Lingua will use reasonable care when coordinating these services but cannot control an independent third party’s decision or processing time.

11. Interpreting services

An interpreting Quote should identify, where relevant:

• the languages;
• date;
• start and end time;
• venue or online platform;
• interpreting mode;
• number of interpreters;
• preparation requirements;
• travel;
• accommodation;
• equipment;
• minimum booking period;
• overtime rate;
• cancellation conditions; and
• recording requirements.

The Client must provide appropriate briefing material, agendas, presentations, terminology and participant information within a reasonable time before the event.

The Client is responsible for:

• access to the venue or online meeting;
• a reasonably safe working environment;
• suitable sound and visibility;
• functioning equipment where equipment is not supplied by Premium Lingua;
• reasonable breaks;
• accurate event timing; and
• informing Premium Lingua of sensitive or specialist subject matter.

Additional time may be charged at the rate stated in the Quote.

An interpreter conveys communication between languages. Unless separately qualified and engaged to do so, an interpreter does not provide legal, medical, financial or other substantive professional advice.

No party may record an interpreter without obtaining the required consent and notifying Premium Lingua in advance. Recording, broadcast or permanent publication rights may require additional permission or charges.

For remote interpreting, Premium Lingua will use reasonable efforts to provide the service, but internet, device, platform or electricity failures may affect performance. The parties will cooperate reasonably to restore the connection or use an alternative method.

12. Transcription, subtitling, voice-over, localisation and formatting

For transcription, the Client should identify speakers, specialist terminology and any required timecode or verbatim standard.

For subtitling, the Quote should state the required:

• file format;
• timecode format;
• character limits;
• reading speed;
• platform;
• speaker identification; and
• style guide.

For voice-over work, the Client must approve the translated script, names, pronunciations and voice selection before final recording. Changes requested after approval may be charged separately.

For software and website localisation, the Client must provide:

• export files in an agreed format;
• context or screenshots;
• character restrictions;
• variable and placeholder instructions;
• testing access where testing is included; and
• any platform-specific rules.

Functional or linguistic testing is included only where stated in the Quote.

For desktop publishing and typesetting, the Client must provide properly licensed fonts, graphics and source files unless Premium Lingua agrees to source them.

Third-party licence fees, studio charges, voice-artist charges, equipment rental, platform charges and specialist formatting costs are included only if stated in the Quote.

13. Translation technology, translation memory and artificial intelligence

Premium Lingua may use professional language technologies such as:

• computer-assisted translation tools;
• translation memories;
• terminology databases;
• quality-assurance tools;
• transcription tools; and
• project-management systems.

These tools assist language professionals with consistency, quality and project management. They do not replace the agreed human language service.

Premium Lingua will not submit Client documents to a publicly accessible generative-artificial-intelligence engine as part of the ordinary service.

Any machine-translation or artificial-intelligence workflow beyond the agreed translation-memory and terminology tools must be disclosed and agreed in writing before it is applied to the Client’s project.

Client-specific translation memories and termbases may be retained for consistency in future Client projects, subject to:

• the Privacy Notice;
• the Accepted Quote;
• a Client-specific agreement;
• confidentiality obligations; and
• lawful retention and deletion requirements.

Client-specific project material will not knowingly be made available to an unrelated client.

14. Linguists, contractors and service providers

Premium Lingua may allocate work to appropriately selected:

• employees;
• translators;
• sworn translators;
• interpreters;
• editors;
• proofreaders;
• transcriptionists;
• subtitlers;
• voice artists;
• desktop-publishing specialists;
• project managers; and
• approved professional partners.

These professionals may be located in South Africa or, where appropriate safeguards apply, another country.

Premium Lingua is not an anonymous translation marketplace. It remains responsible for managing the agreed project even where an approved independent professional performs part of the work.

People handling Client material must be subject to appropriate confidentiality obligations.

Where the agreed service requires a named or signing translator, the relevant name or signature will appear on the Deliverable in the manner described in the Quote.

15. Prices, taxes and payment

The Client must pay the price stated in the Accepted Quote.

The Quote or invoice will state:

• the currency;
• applicable VAT or other tax, if any;
• the required deposit or advance payment;
• the balance-payment date;
• approved expenses; and
• any courier or third-party charges.

Unless stated otherwise, a quoted price applies only to the agreed scope.

Premium Lingua may require:

• full payment before work begins;
• a deposit before work begins;
• staged payments for a longer project; or
• payment before final Deliverables or hard copies are released.

The applicable payment arrangement will be stated in the Quote or invoice.

The Client is responsible for bank, foreign-exchange and transfer charges imposed by the Client’s bank or payment provider.

Where an amount becomes overdue, Premium Lingua may, after reasonable notice and subject to applicable law:

• suspend work;
• postpone delivery;
• withhold Deliverables not yet required to be released;
• decline further work; and
• recover reasonable collection costs lawfully incurred.

Interest will be charged only where the Quote, invoice or another written agreement states the applicable lawful rate.

A payment does not amount to acceptance of defective Services and does not remove a statutory right.

16. Cancellation and postponement

16.1 Cancellation by the Client

The Client may cancel a project by giving Premium Lingua written notice.

Premium Lingua will take reasonable steps to stop further work after receiving the notice.

Subject to applicable law, the Client may be required to pay for:

• Services properly performed before cancellation;
• work already allocated or completed;
• approved expenses;
• unavoidable third-party charges;
• non-refundable courier, studio, travel or certification costs; and
• a reasonable cancellation charge where permitted.

Any amount paid in excess of the lawful cancellation amount will be refunded.

16.2 Interpreting and event bookings

An interpreting or event Quote may contain a cancellation schedule reflecting:

• the amount of notice given;
• the duration of the booking;
• travel or accommodation commitments;
• equipment arrangements;
• the interpreter’s reserved time;
• expenses already incurred; and
• Premium Lingua’s reasonable ability to reallocate the professional.

A cancellation fee must be reasonable and will not be charged where applicable law prohibits it.

A postponement is treated as a cancellation and new booking unless Premium Lingua agrees otherwise in writing.

16.3 Electronic cooling-off rights

A consumer who concludes an eligible electronic service transaction may have a statutory right to cancel the transaction without reason during the applicable cooling-off period.

Where the Client asks Premium Lingua to start the Services before that period has expired, the Client expressly requests immediate performance.

The Client understands that an ECTA cooling-off right may not apply once the Services begin with the Client’s consent before the end of the statutory period.

This clause does not remove any other cancellation right that applies under the Consumer Protection Act or another law.

16.4 Cancellation by Premium Lingua

Premium Lingua may suspend or cancel a project where:

• required payment is not made;
• the Client does not provide necessary information;
• continuing would be unlawful;
• a serious conflict of interest arises;
• the Source Materials create a security risk;
• the Client engages in abusive, threatening or unlawful conduct;
• performance becomes impossible; or
• the Client commits a serious breach and does not correct it after reasonable notice, where correction is possible.

Premium Lingua will refund any amount paid for Services that will not be performed, after deducting lawful amounts for work completed and approved costs incurred.

17. Delivery

Premium Lingua will deliver the Deliverables through the method stated in the Accepted Quote, which may include:

• email;
• secure download;
• cloud transfer;
• Client platform;
• courier;
• collection; or
• another agreed channel.

The delivery deadline depends on timely receipt of complete Source Materials, instructions, approvals and payment.

Where Premium Lingua becomes aware of an unavoidable delay, it will notify the Client within a reasonable time and explain the expected effect.

An electronic Deliverable is delivered when it is successfully sent to the agreed address, account or transfer location and is reasonably available to the Client.

The Client must provide correct delivery details and monitor the agreed communication channel.

For physical deliveries to a consumer, risk will pass in accordance with applicable consumer law. Business-to-business courier arrangements may be further described in the Quote.

Courier and government-processing estimates are not guaranteed unless expressly stated.

Premium Lingua may charge a reasonable fee for:

• additional certified copies;
• replacement hard copies;
• repeat courier delivery;
• re-certification; or
• reissuing archived files,

provided the fee is disclosed before the work is undertaken.

Premium Lingua’s retention of project material is not a substitute for the Client maintaining its own secure backup.

18. Review, corrections and complaints

The Client should review Deliverables as soon as reasonably possible and preferably notify Premium Lingua of a suspected error within ten Business Days after delivery.

The ten-Business-Day request is intended to assist prompt investigation. It does not remove any right that the Client has under applicable law.

A correction request should:

• identify the project;
• identify the relevant passage or timecode;
• explain the alleged error;
• include the relevant source text; and
• identify any mandatory terminology or recipient instruction previously supplied.

Premium Lingua will investigate a properly supported complaint.

Where a Deliverable does not meet the Accepted Quote or the required service standard, Premium Lingua will, as appropriate:

• correct the defect;
• repeat the affected part of the Service;
• provide a reasonable price reduction; or
• provide a refund or other remedy required by law.

Premium Lingua will not charge for correcting an objective error for which it is responsible.

Additional charges may apply where a requested change:

• reflects a stylistic preference rather than an error;
• results from a change to the Source Materials;
• introduces new content;
• changes previously approved terminology;
• changes the intended audience or purpose;
• was not included in the selected quality tier; or
• concerns a requirement not disclosed before the Quote was accepted.

Premium Lingua is not responsible for errors introduced when the Client or another person changes the Deliverables after delivery.

19. Confidentiality and personal information

Premium Lingua will treat Client Source Materials and Deliverables as confidential.

Premium Lingua may disclose confidential information only:

• to people who reasonably need it to perform or administer the Services;
• to approved professional or technical service providers;
• with the Client’s permission;
• where the information is already lawfully public;
• where Premium Lingua lawfully received it without a duty of confidentiality; or
• where disclosure is required by law, court order or a competent authority.

Where legally permitted, Premium Lingua will take reasonable steps to notify the Client before a compelled disclosure.

Premium Lingua will process personal information in accordance with its Privacy Notice and applicable data-protection law.

The Client must not submit more personal information than is reasonably necessary for the requested Services.

Premium Lingua will not use the Client’s name, logo, Source Materials or Deliverables in a portfolio, case study, testimonial or marketing material without appropriate permission.

20. Intellectual property

The Client or the relevant third-party owner retains ownership of intellectual property in the Source Materials.

The Client warrants that it has the rights necessary for Premium Lingua to reproduce, translate, edit, adapt, record or otherwise process the Source Materials for the agreed project.

Once all amounts due have been paid, Premium Lingua grants the Client a perpetual, worldwide, royalty-free right to use, reproduce, distribute and adapt the bespoke Deliverables for the purpose contemplated in the Accepted Quote, subject to third-party rights and any different written agreement.

Where the Client requires a formal copyright assignment, the assignment must be expressly included in an appropriately signed written agreement.

Premium Lingua and its language professionals retain rights in:

• pre-existing materials;
• general linguistic know-how;
• processes and methods;
• software;
• templates;
• non-client-specific glossaries;
• quality-control systems;
• translation-memory technology; and
• tools developed independently of the Client’s project.

Client-specific terminology, confidential content and project memories remain subject to the confidentiality and privacy provisions of these Terms.

Third-party fonts, software, recordings, images, stock material and platforms remain subject to their owners’ licence terms.

21. Website use

Website content is provided for general information about Premium Lingua and its Services.

A website article or guide is not legal, medical, immigration, financial, tax or regulatory advice.

The user must not:

• gain or attempt to gain unauthorised access to the website or its systems;
• introduce malware or harmful code;
• interfere with website operation;
• scrape or harvest personal information unlawfully;
• impersonate another person;
• submit unlawful content;
• use the website to infringe another person’s rights; or
• reproduce substantial website content commercially without permission.

Premium Lingua may restrict access where reasonably necessary to protect the website, its users, confidential information or legal rights.

Third-party links and embedded services may be governed by the relevant third party’s own terms. Premium Lingua is not responsible for an independent third party’s content or conduct merely because the website links to it.

22. Important limitation of liability

Premium Lingua does not exclude or limit liability for:

• fraud;
• wilful misconduct;
• gross negligence where liability may not lawfully be limited;
• death or personal injury to the extent caused by conduct for which liability cannot lawfully be excluded;
• a breach of a statutory obligation that cannot be limited;
• a remedy expressly protected by the Consumer Protection Act; or
• another liability that applicable law prohibits Premium Lingua from excluding.

Subject to those exceptions and to the extent permitted by law:

1. Premium Lingua is liable only for direct loss that is proven to have resulted from its breach of the applicable agreement.
2. Premium Lingua is not liable for indirect, special or consequential loss, including loss of profit, revenue, opportunity, anticipated savings, goodwill or reputation.
3. Premium Lingua’s aggregate liability arising from an affected project will ordinarily not exceed the amount paid or payable for the affected Services.
4. The limitation will not apply where it would be unfair, unreasonable or unlawful in the circumstances.

Premium Lingua is not responsible for loss resulting from:

• an error or omission in the Source Materials;
• inaccurate Client instructions;
• an undisclosed intended purpose;
• an undisclosed institutional requirement;
• a Client-approved term or wording;
• a Client or third-party alteration;
• unlawful use of the Deliverables;
• the authenticity or validity of the underlying source document;
• a decision by a court, embassy, government department, university, regulator or another independent institution;
• a courier, notary, authority or platform outside Premium Lingua’s reasonable control; or
• a delay caused by the Client.

Where the Client reasonably foresees that an error could cause unusually substantial financial, legal, safety or regulatory consequences, the Client must disclose that risk before accepting the Quote.

The parties may agree in writing to additional review, insurance, liability or risk-management arrangements before work starts.

23. Client indemnity

To the extent permitted by law, the Client indemnifies Premium Lingua against a third-party claim arising directly from:

• the Client’s lack of authority to submit the Source Materials;
• infringement contained in the Source Materials;
• unlawful instructions;
• unauthorised disclosure of another person’s confidential or personal information;
• a Client alteration to the Deliverables; or
• use of the Deliverables for a materially different or unlawful purpose.

This indemnity does not apply to the extent that the claim resulted from Premium Lingua’s own breach, negligence or unlawful conduct.

24. Events outside reasonable control

Neither party is liable for a delay or failure caused by an event reasonably outside that party’s control, including:

• natural disaster;
• fire or flood;
• epidemic or public-health emergency;
• war, civil disturbance or terrorism;
• government restriction;
• widespread electricity or communications failure;
• major internet or hosting failure;
• industrial action not limited to that party’s own workforce;
• transport interruption;
• sudden serious illness of an assigned specialist where no suitable replacement can reasonably be found; or
• failure by a court, government office, courier, platform or other independent third party.

The affected party must:

• notify the other party within a reasonable time;
• take reasonable steps to reduce the effect;
• resume performance when reasonably possible; and
• provide an updated schedule.

Where the event prevents performance for an unreasonable period, either party may terminate the unperformed part of the project.

The Client remains responsible for Services properly performed and approved costs incurred before termination.

25. Suspension and termination for breach

A party may notify the other party of a material breach and request that it be corrected within a reasonable period.

If the breach is not corrected, the innocent party may suspend or terminate the affected agreement.

Immediate suspension or termination may be appropriate where:

• the breach cannot reasonably be corrected;
• continuing would be unlawful;
• confidential information is at immediate risk;
• payment fraud is suspected;
• serious abusive or threatening conduct occurs; or
• the other party becomes insolvent or ceases business, subject to applicable insolvency law.

Termination does not affect:

• rights accrued before termination;
• payment for Services already performed;
• confidentiality;
• intellectual-property rights;
• lawful liability provisions;
• dispute provisions; or
• any clause intended by its nature to continue.

26. Complaints and dispute resolution

A Client with a concern should first contact Premium Lingua at:

Email

info@premiumlingua.co.za

Subject

Service complaint, attention project manager

The complaint should include:

• the project or invoice reference;
• a concise description of the issue;
• relevant supporting documents; and
• the remedy requested.

Premium Lingua will investigate the complaint and attempt to resolve it within a reasonable period.

Where the dispute is not resolved, the parties may agree to mediation or another appropriate alternative-dispute-resolution process.

A consumer may also approach an appropriate consumer-protection body, including the Consumer Goods and Services Ombud or the National Consumer Commission, where that body has jurisdiction.

Nothing in these Terms prevents a consumer from exercising a statutory right or approaching a court, tribunal, regulator or ombud with lawful jurisdiction.

27. Governing law and jurisdiction

These Terms and each agreement governed by them are subject to the laws of the Republic of South Africa.

Any legal proceedings must be brought before a South African court or tribunal that has jurisdiction under applicable law.

Nothing in this clause restricts a consumer’s right to approach a forum that the Consumer Protection Act or another law makes available.

28. Electronic communications

The Client agrees that project instructions, quotations, acceptances, invoices, notices and Deliverables may be communicated electronically.

The Client must provide an accurate email address and notify Premium Lingua of any change.

An electronic communication is not treated as received merely because it was sent where the sender receives an error or non-delivery notification.

For an urgent cancellation, complaint or security issue, the Client should use email and, where reasonably possible, telephone Premium Lingua.

29. General provisions

29.1 Entire agreement

The applicable written agreement constitutes the full agreement concerning the relevant project and replaces earlier discussions concerning that project.

This clause does not exclude liability for fraud or an unlawful misrepresentation.

29.2 Amendments

A project agreement may be amended only by a written agreement accepted by both parties.

29.3 No waiver

A failure or delay in enforcing a right does not amount to a permanent waiver of that right.

29.4 Severability

If a provision is found to be invalid or unenforceable, it will be limited or removed only to the extent necessary. The remaining provisions will continue to apply where legally possible.

29.5 Assignment

The Client may not transfer a project agreement to another person without Premium Lingua’s written consent, which will not be unreasonably withheld where the transfer does not increase risk.

Premium Lingua may transfer an agreement as part of a genuine sale, merger or restructuring of the business, subject to applicable law and continued protection of confidential and personal information.

29.6 No partnership or agency

Nothing in these Terms creates a partnership, joint venture, employment relationship or agency between Premium Lingua and the Client.

29.7 Changes to these Terms

Premium Lingua may update these Terms for future transactions.

An update will not retrospectively change an already Accepted Quote unless:

• the Client agrees;
• the change benefits the Client; or
• the change is required by law.

The effective date of the current Terms will appear at the top of the page.

30. Contact Premium Lingua

Questions about these Terms may be sent to:

Premium Lingua

Email

info@premiumlingua.co.za

Toll-free telephone

080 001 4539

Johannesburg telephone

011 568 9066

Cape Town telephone

021 300 8854

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