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Terms and Conditions

Alexandra Carr-Malcolm RSLI / MVLP

BSL/English Interpreter


Terms & Conditions

BSL Interpretations Terms and Conditions for the current year

 

Definitions

•         'Interpreter' shall mean the person who performs the act of interpreting spoken or signed                                                                                      communication into another language.

 •         ‘Speaker’ shall mean the person making the original spoken or signed communication.

 •         ‘Client’ shall mean the party or intermediary engaging the services of the Interpreter and having responsibility for his/her remuneration.

 •         ‘Assignment’ shall mean any period or set of consecutive periods of interpreting for one specific purpose or event.

 •         ‘Circumstances’ shall mean any circumstances deriving from any cause, which is beyond the control of the Interpreter or the Client.



2. Services Provided

 2.1 The services provided by the Interpreter shall comprise the interpreting services agreed at the                  time when an assignment is accepted and/or those specified in these Terms and Conditions of Business.

 2.2 They shall not, without express agreement confirmed at the time, include any additional services.


3. Contracts

 3.1 All assignments shall be confirmed between the Client and the Interpreter, which shall include reference to these Terms and Conditions and any variants explicitly agreed and shall supersede any and all other Terms and Conditions

 3.2 If an interpreter is commissioned for an assignment and there is no time to enter into a written contract/confirmation, the assignment shall be entered into on the basis of an oral contract and these Terms and Conditions shall be deemed to apply and shall supersede any and all other Terms and Conditions.

 3.3 Where an Interpreter’s services have been contracted for in accordance with either of the means specified above, the Client shall be wholly liable for: Remuneration of the Interpreter’s services, and reimbursement of any expenses incurred by the Interpreter in connection with the assignment whether the interpreting services are in fact provided or not.


4. Teams

 4.1 Where an assignment requires continuous interpreting for any period of two hours or more, a team of a minimum of two Interpreters shall be engaged to provide the interpreting service.

 4.2 As an exception to the above, one Interpreter alone may be responsible for all the interpreting services in the assignment where conditions are deemed acceptable and only if this is explicitly accepted and agreed by the Interpreter.

 4.3 Where three or more Interpreters are engaged for an assignment, one Interpreter shall be designated Team Leader.

 4.4 The Team Leader shall be responsible for organising the work of the interpreting Team and all liaisons with the Client. Additional fees may be agreed in advance for this work.

 4.5 No persons who are not members of the Team may be used as Interpreters to complement the Team.


5. Working Hours

 5.1 Interpreters shall be given a midday rest period of at least one hour, but this shall be negotiable at time of booking,

 5.2 If an Interpreter has agreed to work solo (see clause 4.2) he/she shall be given adequate opportunity for breaks, this can be discussed at the time of booking.

 5.3 No demands shall be made on the skills of the Interpreter during rest periods or breaks.

 5.4 If, in the course of an interpreting assignment, it is found that interpreting services will be required for an additional period after the period of work for which the Interpreter was initially contracted, the Interpreter may be invited, but not compelled, to: Continue for a further agreed period on that same day, Continue for a further agreed period on subsequent days.

 5.5 If the Interpreter consents to the above, additional fees shall be paid in accordance with Clause 7.3. 2


6. Quotations for Fees

 6.1 Fees quoted by an Interpreter, or on behalf of a team of Interpreters, in full knowledge of the contents and conditions of an assignment, shall be considered contractually binding and valid for acceptance for three months only.

 6.2 Quotations shall be confirmed in writing by post or electronically e.g. via e-mail.


7. Fees and Allowance

 7.1 All fees and allowances shall be freely negotiated and paid in full no later than 28 days following receipt of the invoice. If the Client fails to pay within the allotted time-scale, this may result in, 

  • Further bookings being invoiced in advance.
  • Refusal to undertake any further assignments until all outstanding monies have been paid.
  • Interest being charged on the outstanding amount (see clause 7.2)
  • The Client being charged expenses for reclaiming outstanding monies, due to fees (see clause 7.2)

 7.2 Interest shall automatically be applied According to the 2011 EU directive for payments for goods and services to all overdue sums plus an administration fee at the interpreter’s normal hourly rate from the first date on which they become due and shall be re-applied every 5 working days until they are paid in full.For further information please go to: http://www.eubusiness.com/topics/finance/late-payment-directive/

 7.3 Fees shall be charged at a sessional rate. Where the Interpreter has been invited to continue for a further period in extension of the initial contract, (see Clause 5.5), a supplementary fee shall be paid at an agreed hourly rate.

 7.4 Where travel to and from the Interpreter’s normal place of residence and an assignment cannot reasonably be completed within the same day as the assignment, travel time will be remunerated at the same rate as working time.

 7.5 Where travel to and from the Interpreter’s normal place of residence and an assignment involves a total of more than three hours, travel time will be remunerated at 50% of the agreed hourly rate.

 7.6 A supplementary fee for working unsociable hours shall be agreed between the Interpreter and the Client in advance, for assignments between the hours of 17:00 and 08:00 or at weekends or public holidays.

 7.7 Where an Interpreter is required, from the outset, to work longer than the working day a supplementary fee shall be negotiated at an agreed hourly rate.


8. Travel and Accommodation

 8.1 Arrangements for travel and accommodation shall be the responsibility of either the Client or the Interpreter, as agreed before acceptance.

 8.2 Travel arrangements shall ensure that the Interpreter arrives an agreed time before the start of the assignment and does not have to leave prematurely.

 8.3 Where travel arrangements are made by the Client, these shall be such as to ensure that the Interpreter arrives sufficiently rested to fulfil the assignment to the expected standard.

 8.4 Where the travel arrangements are made by the Interpreter, they shall seek to obtain travel and accommodation at a reasonable cost compatible with satisfactory performance of the assignment. Any expenditure incurred shall be reimbursed to the Interpreter within 28 days following receipt of invoice. If any such arrangements made by the Interpreter have to be varied or cancelled, any reimbursed sums recovered by the Interpreter shall be immediately repaid to the Client.


9. Cancellation

 9.1 If an accepted assignment is curtailed or cancelled either wholly or in part, or performance of the assignment is frustrated for reasons, which the Client or the Client’s principal are responsible, the Client shall be liable for payment of a cancellation fee according to Clause 9.4.

 9.2 Any expenditure incurred as agreed in the contract and any additional expenditure incurred as a result of the cancellation shall also be reimbursed.

 9.3 If, however, at the time of cancellation the Client is able to offer an alternative assignment of a similar type under comparable conditions and circumstances for all or part of the period of the original assignment, the Client’s liability to the Interpreter in respect of cancellation fees shall be reduced by the amount of the fees payable for the alternative assignment.

 9.4 Any cancellation fee shall be agreed between the parties prior to acceptance of the assignment and shall be determined in relation to the time between notification of cancellation and the start date, as follows:

                            7 days or less notice Full Fee

                            8 to 14 days notice Half Fee

                            15 or more days notice No Fee

9.4 Cancellations must be received by 5pm on a working day, or they will not be deemed as being received until 9am on the following working day.


10. Substitution of Interpreters

 10.1 Substitution shall only be permitted in with the Client. In such circumstances the Interpreter shall endeavour to find or signpost to a suitable substitute

 10.2 The Client shall reasonably accept this substitute, who shall be engaged on the same terms as the Interpreter had previously agreed.

 10.3 The Client shall notify any other parties as appropriate.

 10.4 Acceptance of the substitute by the Client shall discharge the Interpreter from any further liability.


11. Unavoidable Circumstances

 11.1 The Interpreter undertakes to notify the Client at the earliest possible opportunity if he/she is prevented from undertaking an assignment or if performance is frustrated by unavoidable circumstances.

 11.2 In giving such notice the Interpreter shall relinquish any right to: Remuneration for the uncompleted part of the assignment; the reimbursement of any expenses, except those already irrecoverably incurred, or necessarily incurred in returning the Interpreter to his/her normal place of residence by suitable means.


12. Preparation Materials

 12.1 The Client shall provide the Interpreter with relevant information and preparatory materials in the form of background documentation, (See Clause 12.4), in good time; preferably two weeks in advance of an assignment in order to ensure provision of a quality service.

 12.2 If it is not possible to provide preparatory materials, and the Interpreter requests such, the Client shall arrange for a briefing meeting.

 12.3 Attendance by the Interpreter at such a meeting shall be paid as working time.

 12.4 Preparatory materials shall include such items as: Programs, agendas, Minutes, reports; Briefing papers, speaker’s notes, motions; Names of participants; Maps, photographs, diagrams and other visual materials; Slides or other materials which will be read out or referred to by participants in the course of an assignment; Lyrics, scripts, copies of any videos or scripts of films to be shown or any other performance materials shall be supplied to the Interpreter by the Client not less than 24 hours in advance.

 12.5 The Interpreter outside the context of the assignment shall not disclose information contained within preparatory materials. The Interpreter shall be responsible for their safekeeping and immediate return to the Client at the end of the assignment.


13. Working Conditions

 13.1 For BSL to English interpretation, the Client is to ensure that speakers are well lit and in clear sight of the Interpreter or made visible by means of an image providing a clear and detailed view of the speaker’s face and body movements sufficient for the Interpreter’s requirements. This may require the provision of audio/visual equipment, which shall include a microphone and television monitor, for the sole use of the Interpreter.

 13.2 For English to BSL interpretation the Client is to ensure that the Interpreter is positioned so that they are sufficiently near to the speaker to be able to hear and can be clearly seen by consumers of the service. This may require the provision of additional lighting and audio equipment in the form of a ‘fold-back’ speaker, for the sole use of the Interpreter. If this is not possible, the Client shall ensure that the speaker’s voice or film/video sound track is in any case clearly conveyed directly to the Interpreter without interfering noise.


14. Recordings

 14.1 No record of an Interpreter’s work shall be made without the Interpreter’s prior consent, except where such recording is inherent within legal proceedings. Recordings, which are intended for broadcast or publication, may incur an additional fee and a clear signed agreement from all parties concerned.


15. Complaints and Disputes

 15.1 Any complaint or dispute in connection with interpreting work carried out shall be notified to the Interpreter by the Client (or vice-versa) not later than one month from the final day of an assignment.

 15.2 If the parties are unable to agree, the matter may be referred to NRCPD

 15.3 If a dispute cannot be resolved amicably between the parties, or if either party refuses to accept the decision of NRCPD, the parties shall be subject to the jurisdiction of the Courts of England and Wales.

 15.4 In any event these Terms and Conditions shall be construed in accordance with English law.


16. Responsibility and Liability

 16.1 The Interpreter shall use his or her best endeavours to interpret to the best of his or her ability, knowledge and belief.

 16.2 No guarantee can be given as to the absolute accuracy of any interpretation.

 16.3 In the event of a dispute or complaint about the work, the liability of the Interpreter shall be limited to the value invoiced by the Interpreter.

 16.4 Consequential damages and liability are expressly excluded.


17. Unfair Competition

 17.1 Where the Client acts as an intermediary and introduces the Interpreter to a third party by way of business, the Interpreter shall not, for a period of 6 months, approach the said third party for the purpose of soliciting work, nor work for the third party in any interpreting capacity, without the Client’s written consent.

However, this shall not apply where:

  • The third party has had previous dealings with the Interpreter;
  • The Interpreter acts on the basis of information in the public domain;
  • The Client has failed to pay the Interpreter;
  • The approach from the third party is independent of the relationship with the intermediary;
  • The approach to the third party arises as the result of broad-band advertising or
  • The third party is seeking interpreters on the open market.


18. Applicability and Integrity

 18.1 These Terms and Conditions of Business shall be subject to any detailed arrangements or any variants expressly specified in the order relating to a particular interpreting task. No waiver of any breach of conditions in this document shall be considered as a waiver of any subsequent breach of the same or any other provision.