General Terms and Conditions of Use
1.1. Services provided by the Translating and Interpreting Service (‘TIS National’) are subject to:
a. these General Terms and Conditions of Use;
b. the Website Terms and Conditions
c. any other terms and conditions that appear in, are referred to, or are linked to by these terms and conditions; and
d. any additional or supplementary terms and conditions You agree to when making a booking,
collectively referred to as the Terms (‘Terms’). Subject to clause 1.2 below, in the event of any inconsistency or conflict, these General Terms and Conditions of Use will prevail.
1.2. If You have separately entered into a written arrangement with TIS National for the supply of Services, the terms of that arrangement prevail to the extent of any inconsistency or conflict with the Terms.
1.3. If You do not accept these Terms, You must refrain from opening an Account with TIS National or utilising any Services provided by TIS National.
1.4. The Commonwealth of Australia, as represented by the Department of Home Affairs, ABN 33 380 054 835 of 6 Chan Street, Belconnen ACT 2617, or its successor (‘us’, ’our’, ‘we’, ‘the Department’ or the ‘Commonwealth’) is the administrator of TIS National and the Services provided by TIS National. References in these Terms to TIS National are references to the Department.
2. Definitions and interpretation
2.1. In these Terms, unless the contrary intention appears:
‘Account’ means the account created once You have registered as a User with TIS National, also referred to as a TIS Online account or a TIS National account.
‘Cancellation Policy’ means the cancellation policy available at https://www.tisnational.gov.au/Agencies/Charges-and-free-services/Interpreting-service-charges.aspx#cancellation-policy.
‘Client Code’ means the unique Account number issued to You when You register for a TIS National Account.
‘Electronic Instruction’ means the transmission of Your booking made through the Website or by other electronic means.
‘Personnel’ means any officers, employees, agents, staff, contractors or professional advisers of the Department engaged in, or in relation to, the performance or management of TIS National Services.
‘Terms’ means these General Terms and Conditions of Use, any terms and conditions that appear in, are referred to, or are linked to by these General Terms and Conditions of Use, including, but not limited to, the Terms and Conditions for Bookings, the Website Terms and Conditions and any additional or supplementary terms and conditions You agree to when making a booking.
‘Terms and Conditions for Bookings’ means the terms and conditions applicable to making a booking for Services available at Terms and Conditions for Bookings.
‘TIS National Services’ or ‘Services’ means the services provided to You by TIS National and include:
a. registering You as a TIS National client and providing You with an Account;
b. interpreting services, including the Automated Telephone Interpreting Service (ATIS), on-site, telephone and video interpreting services;
c. any other services provided by TIS National from time to time.
‘TIS Online’ means the TIS Online self-service automated booking system which allows creation and use of a TIS Online account and self-management of interpreting bookings.
‘Website Terms and Conditions’ means the terms and conditions applicable to using the Website available at Website Terms and Conditions.
‘You’ or ‘User’ means the agency, organisation and individual receiving TIS National Services under these Terms and includes, where the context allows, any representative of a User. ‘Your’ has the corresponding meaning.
2.2. In these Terms, the following rules of interpretation apply:
a. the singular includes the plural and vice versa, and a gender includes other genders;
b. another grammatical form of a defined word or expression has a corresponding meaning;
c. a reference to a document, publication, Commonwealth policy or instrument is a reference to the document, publication, Commonwealth policy or instrument as altered, supplemented or replaced from time to time;
d. a reference to A$, $A, AUD, dollar or $ is to Australian currency unless stated otherwise;
e. a reference to time is to the time in the place where the obligation is to be performed or, to the extent that there is any uncertainty, to the time in the Australian Capital Territory;
f. a reference to a party includes the party's executors, administrators, successors and permitted assigns and substitutes;
g. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
h. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
i. the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions;
j. any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
k. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;
l. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any related documents (including any additional or supplementary terms and conditions that apply to Your use of TIS National Services);
m. if a day on or by which an obligation must be performed or an event must occur is not a business day in the relevant location, the obligation must be performed or the event must occur on or by the next business day in that location; and
n. headings are for ease of reference only and do not affect interpretation.
2.3. If the User is a trustee, the User accepts the Terms personally and in its capacity as trustee and warrants that it has the power to perform its obligations under the Terms.
3. User Agreement
3.1. By making a booking for, accessing and/or using any TIS National Services, You acknowledge and agree that:
a. You have had the opportunity to read and understand the Terms and Your obligations under them; and
b. You will be bound by these Terms, as applicable to Your use of TIS National Services.
3.2. You acknowledge and agree that a separate contract is formed between TIS National and You on each occasion You make a booking for or use TIS National Services, on the terms and conditions set out in these Terms.
3.3. You acknowledge that these Terms also incorporate the Terms and Conditions for Bookings, the Website Terms and Conditions and the Cancellation Policy, as applicable. The Terms and Conditions for Bookings and the Cancellation Policy apply if You make a booking to use TIS National Services. The Website Terms and Conditions apply if you use the Website.
3.4. The Department may at its sole discretion amend these Terms as required, with any such amendments applying from the date the amended Terms are published on the Website. If You proceed to make a booking for or use TIS National Services following any changes to these Terms (including any additional or supplementary terms that apply when making a booking), You acknowledge that booking or use represents Your agreement to be bound by the amended Terms in respect of Your use of any such TIS National Services. We recommend You review the Terms (including any additional or supplementary terms that apply when making a booking) for amendments before making a booking for or using TIS National Services.
3.5. Where you have already made a booking for TIS National Services, the Terms that were in force at the time you made the booking will apply, subject to any variations to the service charges permitted thereunder.
4. Legal capacity
4.1. You warrant and agree to comply with Your own legal obligations that are relevant to minors accessing TIS National Services for the purposes of communicating with You, including, but not limited to, ensuring legal capacity has been appropriately determined and any applicable privacy and collection of personal information obligations have been observed.
5. Obligations of User
5.1. You are responsible for any use of Your Account and the management of passwords, including any use by anyone acting on Your behalf. You must not access or link to or seek to access or link to any other person’s Account, without the permission of the Account holder.
5.2. You agree:
a. that all material, information and data You submit to us will be, to the best of Your knowledge, true and complete, and if You do not wish to provide the details of the non-English speaking client, You must tell us this is confidential;
b. to keep Your email, Client Code, ATIS account number (if applicable) and password secure;
c. to ensure Your email address or contact details provided to TIS National remain up-to-date;
d. to notify us of any errors in a booking;
e. to cooperate with any reasonable requests in connection with TIS National's delivery of Services, including by providing information or other materials relating to the provision of Services upon request;
f. to use TIS National Services only for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of the Services by any third party;
g. to comply with all relevant legislation of the Commonwealth and of all applicable States, Territories and local authorities when using TIS National Services, in particular the:
i. Crimes Act 1914 (Cth);
ii. Racial Discrimination Act 1975 (Cth);
iii. Sex Discrimination Act 1984 (Cth);
iv. Disability Discrimination Act 1992 (Cth); and
v. Workplace Gender Equality Act 2012 (Cth); and
h. that unauthorised use of TIS National Services could result in criminal prosecution.
6. Service charges
6.1. When You register an Account, we will send a copy of our prevailing service charges for use of TIS National Services to the email address You used to register.
6.2. If we update our service charges, we will notify You of the new service charges and their date of effect via email to Your Account administrator’s registered email address. You acknowledge and agree that the new service charges will apply to all TIS National Services provided on or after the notified date of effect, regardless of when You made a booking for those Services.
6.3. If You do not agree with the new service charges, then You may cancel Your booking in accordance with the Cancellation Policy. If You do not cancel Your booking, the new service charges will apply.
6.4. Service charges are shown in Australian dollars and include GST where applicable.
6.5. We reserve the right to correct any errors in our cost calculator on the Website.
6.6. TIS National service channels allow for non-English speakers (‘NES’) to call TIS National when the NES is seeking to communicate with an agency. In this clause, ‘NES-initiated call’ means a call where a NES telephones TIS National directly and TIS National engages an interpreter to connect the call to the requested agency. If You authorise TIS National to connect NES-initiated calls to You, then You agree that You will be charged for such calls, including for successful and unsuccessful connections. Unsuccessful connections which You agree to be charged for include, but are not limited to, when the call from TIS National to the requested agency:
a. is not answered (including if the call is outside the agency’s usual business hours);
b. is placed on hold for 10 minutes or more (TIS National will ordinarily terminate a call after 10 minutes on hold);
c. is engaged;
d. is diverted to a message taking service; or
e. results in an automated message response.
At Your discretion, You may provide TIS National with a dedicated or priority telephone number in order to minimise unsuccessful connections.
Free Interpreting Service (FIS)
6.7. If You are approved to access free interpreting services under the FIS, we will not charge You any service charges and the Terms and Conditions of use for the Free Interpreting Service will apply to Your use of TIS National Services in addition to these Terms.
7.1. You must pay us the relevant service charges payable for the supply of TIS National Services, subject to us delivering valid tax invoices to You for each calendar month.
7.2. Payment must be made within 28 days from the date of a valid tax invoice.
7.3. Invoices will be sent to the nominated e-billing email address. You will not be able to access or pay an invoice in TIS Online.
7.4. A tax invoice is valid if it contains the details as required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
7.5. If You are not based in Australia, You must pay applicable service charges by credit card. No alternative payment methods are accepted for international payments.
8. Suspension or termination of Your Account
8.1. The Department, acting reasonably, may lock, suspend or terminate Your Account(s) at any time. This includes, without limitation, where:
a. You breach any provision of these Terms;
b. You fail to pay any amounts You owe to the Department by the due date for such payment; or
c. in the Department’s reasonable opinion, You misuse the Website (including TIS Online), Your Account or Your Client Code.
8.2. The Department may also deactivate Your Account(s) if it is inactive or dormant for a period of 12 months or more. If this occurs, the Department will notify You by email to Your Account administrator’s registered email address. If You would like to reactivate the Account(s), You should contact the Department at email@example.com.
8.3. If you do not agree to the Terms or any subsequent modifications to the Terms or become dissatisfied with TIS National Services in any way, You agree to refrain from making a booking for any further TIS National Services. Ceasing to make further bookings will not affect any previous or existing contract in place between You and the Department.
9. Information that You provide to us
9.1. When You submit information in connection with any TIS National Services, You grant the Department an intellectual property licence to publish, transmit or otherwise use that content for the purpose of providing or managing TIS National Services, and for any related Commonwealth purpose.
9.2. The Department reserves the right not to publish any content You submit.
9.3. You represent and warrant that You have all of the necessary rights, including copyright, in the content You contribute, that Your content is not defamatory and that it does not infringe any law.
9.4. You consent to the Department engaging in any conduct that may otherwise constitute a breach of Your moral rights, or those of individuals acting on Your behalf, in relation to any content that You provide to the Department, where such conduct is otherwise in accordance with these Terms.
10.1. Your personal information is protected by law, including the Privacy Act 1988 (Cth) (Privacy Act), and is collected by us for the purpose of providing TIS National Services.
10.2. By agreeing to these Terms, You consent to the Department’s use and disclosure of Your personal information for the purposes of supplying TIS National Services. You can obtain more information about the way in which the Department will manage Your personal information by accessing our detailed Privacy Notice.
10.3. You acknowledge and agree to our Privacy Notice available at Privacy Notice.
11.1. The Department will make all reasonable efforts to ensure Your information is secure, accurately recorded and not corrupted or changed.
11.2. The Department is responsible for the security of Your information while it is collected by, stored on or passing through TIS National systems.
12.1. If You record TIS National Services, You warrant and agree to comply with all relevant laws and obligations relating to call recording, including but not limited to, obtaining any relevant consent from all affected individuals. TIS National reserves the right to record interpreting services for training and quality assurance purposes, subject to complying with its obligations under relevant laws.
13.1. Users registered with an Account agree to receive email and Short Message Service (SMS) notifications from time to time in relation to their bookings. Users may tailor notification preferences in their TIS Online profile.
13.2. Do not reply to emails received from noreply@TISNational.gov.au or SMS messages from TIS National No Reply. These are unsupervised accounts and any notifications received here will not be deemed accepted by TIS National and will not receive a response.
13.3. TIS National will, from time to time, provide information about changes to services via the Website. You must refer to the Website for any general information and communications about the delivery of TIS National Services.
13.4. If You have subscribed to receive e-communications, You may receive news items and information about service changes via email. You may unsubscribe at any time.
14. Nature of relationship
14.1. Nothing in the Terms will be construed to place the Department and You in a relationship of partner, principal and agent or as entering into a joint venture.
14.2. For avoidance of doubt, TIS National’s language service providers are contractors of the Department and not officers, employees, partners or agents of the Department.
15.1. You expressly agree that use of TIS National services is at Your sole risk.
15.2. No advice or information, whether oral or written, obtained by You from the Department or through TIS National Services will create any warranty or representation not expressly made in these Terms.
15.3. To the extent permitted by law, and except as expressly made in these Terms, the Department expressly disclaims all warranties of any kind, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
15.4. The Department makes no representation or warranty:
a. that TIS National Services will meet Your requirements, or that access to and use of TIS National Services will be uninterrupted, timely, secure, or error free;
b. as to the results that may be obtained from the use of TIS National Services or as to the accuracy or reliability of any information obtained through TIS National Services;
c. as to the quality of interpreting Services provided;
d. that information and Services provided to You do not infringe the intellectual property rights or any other rights of any person; and
e. as to the suitability of TIS National Services for any purpose.
15.5. To the extent permitted by law, the Department excludes all liability to You or anyone else for any loss (including consequential loss, indirect loss and loss of any profits), injury or damage of any kind (however caused or arising) relating in any way to TIS National Services including, but not limited to, loss, injury or damage You might suffer as a result of:
a. Your use of TIS National Services or Your inability to access TIS National Services; or
b. any delay in the Department performing any of their obligations, or any cancellation of Services by the Department, if such delay or cancellation is caused by circumstances beyond their reasonable control, including, but not limited to, late arrival or unavailability of interpreters, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries, severe weather event, natural disaster or other act of God,
except to the extent caused by the Department’s failure to comply with its obligations under these Terms or negligent act or omission.
For the avoidance of doubt, You acknowledge and agree that The Department is not liable to pay You compensation for any costs You may incur as a result of the late arrival or non-attendance of an interpreter beyond the Department’s reasonable control.
15.6. Notwithstanding any other provision of these Terms and to the extent permitted by law, the Department’s liability to the Account holder and any User of TIS National Services is limited to the amount actually received by the Department from the Account holder and/or User in payment for TIS National Services.
16.1. You must at all times indemnify, and keep indemnified, the Department and its Personnel (‘those indemnified’) from and against any:
a. cost or liability incurred by those indemnified;
b. loss of or damage to property of those indemnified or any other person;
c. loss incurred in dealing with any claim against those indemnified including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid by those indemnified; or
d. personal injury or death of any person,
e. any negligent, reckless, or fraudulent act or omission by You, Your affiliates, representatives or agents in connection with Your or their use of TIS National Services;
f. any breach by You, Your affiliates, representatives or Your agents (or any person You have authorised or permitted to use Your Account or receive TIS National Services) of any provision of the Terms (and any additional or supplementary terms You agree to at the time You make a booking for TIS National Services);
g. any unauthorised use or disclosure by You or Your affiliates, representatives or agents of personal information (as defined in the Privacy Act) held or controlled in connection with the Terms; or
h. the use by those indemnified of any information provided by You, Your affiliates, representatives or agents (including in respect of any infringement of intellectual property rights in that information), irrespective of whether there was fault on the part of the person whose conduct gave rise to that liability or loss.
16.2. Without limiting clause 16.1, if You ask TIS National to provide a specific interpreter to fulfil Your booking contrary to TIS National’s Allocation Policy and TIS National agrees to that request, You agree:
a. that the Commonwealth has no liability associated with the appointment of the requested interpreter;
b. not to start any proceedings against the Commonwealth and if You do, the Commonwealth can rely on this clause 16.2 as evidence of Your agreement not to start proceedings;
c. that the indemnity in clause 16 extends to all proceedings, claims, demands, losses and detriment of any nature that may be brought or made against the Commonwealth associated with the appointment of the requested interpreter; and
d. to release and forever discharge the Commonwealth from all proceedings, claims, demands, losses and detriment of any nature, whether in tort or contract, which You have or may at any time have against the Commonwealth associated with the appointment of the requested interpreter.
16.3. Your liability to indemnify the Department will be reduced proportionately to the extent that any breach of the Terms by the Department or any negligent act or omission on the part of the Department contributed to the relevant liability or loss.
16.4. The right to be indemnified is in addition to, and not exclusive of, any other right, power or remedy provided by law.
17.1. If any part of these Terms are found to be void, invalid, unlawful or unenforceable, then that provision or part thereof will be deemed to be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the Agreement between You and the Department.
18.1. The failure by the Department to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any rights or provisions under these Terms will only be effective if it is in writing and signed by us.
19. Governing law
19.1. These Terms will be governed by and interpreted in accordance with the laws of the Australian Capital Territory and You irrevocably submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.
19.2. Without limiting clause 19.1, if You access TIS National Services in a jurisdiction other than Australian Capital Territory, You are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.