Translator and Interpreter Service Agreements

Translator Service Agreement

DEFINITIONS

1.1 ‘Sure Languages’ shall mean Sure Languages Limited, whose registered office and trading address is Generator, Quay House, Kings Wharf, Exeter, EX2 4AN, United Kingdom, with company registration number 06058494.
1.2 ‘Translator’ shall mean the party providing a translation or other assigned services in the normal course of business.
1.3 ‘Translation Task’, ‘Job’, ‘Work’ or ‘Project’ shall mean the execution of a translation or any other assigned task, such as revising, editing, proofreading, desktop publishing, etc., which calls upon the skills of the Translator.
1.4 ‘Client’ shall mean the party commissioning Sure Languages Limited to act as an agency to complete the translation in the normal course of business.
1.5 ‘Source Material’ or ‘Source Document’ shall be understood to mean any text or medium containing a communication which has to be translated, and may comprise text, sound or images.
1.6 ‘Purchase Order’ or ‘PO’ shall mean a document/email sent by Sure Languages to the Translator containing a PO number, service description, amount payable and delivery deadline.

PURCHASE ORDERS AND FEES

2.1 A job or project is not confirmed until a Purchase Order has been issued to and received by the Translator. The Translator must not start work on a job or project unless he/she is in receipt of a Purchase Order for that work, regardless of whether he/she has received source files and/or project instructions.
2.2 The fee to be payable to the Translator by Sure Languages shall be determined at the start of each job and confirmed in the Purchase Order, taking into account the purpose of the translation and any instructions given by Sure Languages. Any agreed fee may be subject to amendment by agreement between both parties, unless there is a breach of the terms of this agreement.
2.3. Costs of delivery of the translation shall normally be borne by the Translator (in most cases it will be electronic). Where delivery requested by Sure Languages involves expenditure greater than the cost normally incurred for delivery, the additional cost shall be chargeable to Sure Languages upon agreement. If the additional cost is incurred as a result of action or inaction by the Translator, it shall be borne by the Translator, unless otherwise agreed.
2.4 Other supplementary charges will be agreed by both parties, if applicable.
2.5 If any changes need to be made in the source text, as requested by Sure Languages, while the work is in progress, the Translator’s fee, any applicable supplementary charges and the terms of delivery shall be adjusted accordingly (if agreed by both parties) in respect of the additional work.

DELIVERY

3.1 Any delivery date or dates agreed between the Translator and Sure Languages shall become binding only after the Translator has accepted the job (verbally, by email, via Plunet, in person or in writing) and received a Purchase Order.
3.2 The Translator shall deliver the translation in such a way that Sure Languages can reasonably expect to receive it, which is by email unless agreed otherwise, on the date and time agreed in the Purchase Order.
3.3 If the Translator does not receive confirmation of receipt from Sure Languages with 1 hour, it is his/her responsibility to follow this up directly with Sure Languages by email (team@sure-languages.com) or by telephone (+44 330 223 5524).
3.4 If the Translator is unable to meet the agreed deadline as confirmed in the Purchase Order, he/she must notify Sure Languages Limited BEFORE the deadline passes and with as much advanced notice as possible (email team@sure-languages.com, telephone +44 330 223 5524. Failure to meet a deadline may result in a reduction to the amount payable in Clause 2.2 of this agreement.

PAYMENT

4.1 Payment to the Translator shall be made not later than 45 days from the date of invoice, by the method of Bank Transfer (UK and International) or PayPal. Our working currencies are GBP, USD and EUR, or as confirmed in the Purchase Order.
4.2 For long assignments or texts, the Translator may request an initial payment and periodic partial payments, on terms to be agreed by both parties.
4.3 Settlement of any invoice, part-invoice or other payment shall be made within the period stipulated in Clause 4.1, or within the timescales agreed between both parties.

COPYRIGHT AND TRANSLATION RIGHTS

5.1 The Translator only accepts work and a Purchase Order from Sure Languages on the understanding that carrying out the translation task will not infringe any third-party rights.
5.2 Sure Languages undertakes to keep the Translator harmless from any claim for infringement of copyright and/or other intellectual property rights in all cases.
5.3 Sure Languages undertakes to keep the Translator harmless from any legal action, including defamation which may arise as a result of the content of the original source material or its translation.

COPYRIGHT IN TRANSLATIONS

6.1 On receipt of payment for each translation assignment, copyright of the translation and the right to amend becomes the property of Sure Languages.
6.2 The translator may not use, sell or resell any translation or any part or record, including that which is contained in a translation memory.
6.3 The Translator may request to retain the copyright of their work; however this must be agreed in writing and by both parties.

CONFIDENTIALITY AND SAFE-KEEPING

7.1 All documents for translation shall be deemed to be confidential unless otherwise is expressly stated by Sure Languages.
7.2 The Translator shall exercise due discretion in respect of disclosure to any Third Party of any information contained in the Client’s original documents or translations thereof without the express authorisation of Sure Languages.
7.3 A third party may be consulted over specific translation terminology queries, provided that there is no disclosure of confidential material.
7.4 The Translator shall be responsible for the safe-keeping of the Client’s documents and copies of the translations, and shall ensure their secure disposal.

COMPLAINTS AND DISPUTES

8.1 Failure by the Translator to meet agreed order requirements as set out in the Purchase Order, or to provide a translation which is fit for purpose shall entitle Sure Languages to:
8.1.1 reduce the fee payable under Clause 2.2 by a sum equal to the reasonable cost necessary to remedy the deficiencies
8.1.2 cancel any further instalments of work being undertaken by the translator.
8.2 Any complaint in connection with a translation task shall be notified to the Translator by Sure Languages (or vice-versa) within 60 days of the date of delivery of the translation.
8.3 If the parties are unable to agree on any complaint or dispute, the matter may be subject to the jurisdiction of the Courts of England and Wales. In any event these terms shall be construed in accordance with English law.

RESPONSIBILITY AND LIABILITY

9.1 The translator shall refuse to undertake work offered by Sure Languages if he/she knows that the assignment is beyond his/her skills or competencies.
9.2 Translation work shall be carried out by the Translator using reasonable skill and care, ensuring it has no spelling mistakes, is grammatically correct, semantically accurate and an accurate representation of the source material. The translator shall use his/her best endeavours to do the work to the best of his/her ability, knowledge and belief, and consulting such authorities as is reasonably available to him/her at the time.
9.3 A translation or work must be fit for purpose and the target readership/audience, and be of high quality.
9.4 The Translator will make a separate back-up (such as CD-ROM, DVD, hard drive, pen drive, cloud storage) of his/her work in the event of loss of data.
9.5 The Translator agrees, upon demand, to indemnify Sure Languages and keep Sure Languages indemnified, from all losses, damages, injury, costs and expenses of whatever nature suffered by Sure Languages caused by or related to:
9.5.1 materials or drawings given to Sure Languages by the Translator in relation to the provision of the translation service provided by the Translator.
9.5.2 any breach of warranty given by the Translator in this Service Agreement.
9.5.3 any breach by the Translator of the terms of this Service Agreement
9.6 The Translator shall not sub-contract any project assigned to them by Sure Languages to any third party without Sure Languages’ knowledge and permission in writing.
9.7 Neither the Translator nor Sure Languages shall be liable to the other or any third party for consequences beyond the control of either party.

UNFAIR COMPETITION

10.1 The Translator shall not, for a period of 18 months from return of the last translation task arising from the introduction, approach the said third party for the purpose of soliciting work, nor work for the third party in any capacity involving translation, without Sure Languages’ written consent.

APPLICABILITY AND INTEGRITY

11.1 This service agreement shall also be subject to any detailed requirements or variants expressly specified in the Purchase Order relating to a particular translation task. No waiver of any breach of any condition in this document shall be considered as a waiver of any subsequent breach of the same or any other provision.

Accepting work from Sure Languages constitutes acceptance of the terms of this agreement.

Interpreter Service Agreement

DEFINITIONS

1.1 ‘Sure Languages’ shall mean Sure Languages Limited, whose registered office and trading address is Generator, Quay House, Kings Wharf, Exeter, EX2 4AN, United Kingdom, with company registration number 06058494.
1.2 ‘Interpreter’ shall mean the party providing interpreting services in the normal course of business.
1.3 ‘Interpreting Assignment’ shall mean the task at the specified location, which calls upon the language skills of an Interpreter.
1.4 ‘Client’ shall mean the party commissioning Sure Languages Limited to act as an agency to complete the assignment in the normal course of business.
1.5 ‘Purchase Order’ or ‘PO’ shall mean a document/email sent by Sure Languages to the Interpreter containing a PO number, service description, amount payable and delivery deadline.

PURCHASE ORDERS AND FEES

2.1 A job or project is not confirmed until a Purchase Order has been issued to and received by the Interpreter. The Interpreter must not start work on a job or project unless he/she is in receipt of a Purchase Order for that work, regardless of whether he/she has received source files and/or project/assignment instructions.
2.2 The fee to be charged shall be determined at the start of each job and agreed by Sure Languages Limited and the Interpreter in the Purchase Order, taking into account the purpose of the Assignment and any instructions given by Sure Languages Limited. Any agreed fee may be subject to amendment by agreement between both parties.
2.3 If the Interpreter fails to turn up or is late for the agreed interpreting Assignment, Sure Languages Limited reserves the right not to pay the Interpreter the full agreed Assignment fee.
2.4 Travel to and from the Interpreting Assignment location will be reimbursed, subject to the provision of receipts and prior confirmation of the mode with Sure Languages Limited. Travel Reimbursement payments will only be made for travel to and from the interpreting Assignment location from the Interpreter’s confirmed residence or place of stay.
2.5 If the Interpreter chooses to use his or her own vehicle, Sure Languages Limited will reimburse for expenses made subject to a route deemed to be reasonably direct.
2.6 Sure Languages will not be liable for any parking, speeding or other fines or any other fees incurred by the Interpreter.
2.7 Sure Languages Limited reserves the right to investigate and question any travel expenses if they deem them to be unreasonable or incorrect. In such cases, reimbursement will not be made until the matter is resolved and confirmed by Sure Languages Limited.
2.8 Other supplementary charges will be agreed by both parties, if applicable.

PAYMENT

3.1 Payment to the Interpreter shall be made not later than 45 days from the date of invoice, by the method of Bank Transfer (UK and International) or PayPal. Our working currencies are GBP, USD and EUR, or as confirmed in the Purchase Order.
3.2 For long assignments or texts, the Translator may request an initial payment and periodic partial payments, on terms to be agreed by both parties.
3.3 Settlement of any invoice, part-invoice or other payment shall be made within the period stipulated in Clause 3.1, or within the timescales agreed between both parties.

CANCELLATION

4.1 The Interpreter is entitled to a full payment if the Interpreting Assignment is cancelled three (3) working days or less before the Interpreting start date, excluding travel time.
4.2 The Interpreter is entitled to a fifty percent (50%) payment if the Interpreting Assignment is cancelled four to six (4-6) working days or less before the Interpreting start date, excluding travel time.
4.3 Accommodation and travel expenses will not be reimbursed unless pre-booked and expressly confirmed by Sure Languages Limited.
4.4 The Interpreter is not entitled to any payment for any cancellation made outside of six (6) working days.

CONFIDENTIALITY

5.1 The Interpreter will treat all information as confidential unless otherwise is expressly stated by Sure Languages Limited. The Interpreter shall exercise due discretion in respect of disclosure to any Third Party of any information obtained during an interpreting Assignment.

COMPLAINTS AND DISPUTES

6.1 Failure by the Interpreter to meet agreed order requirements or to provide a service which is fit for its stated purpose shall entitle Sure Languages Limited to:
6.1.1 reduce the fee payable for work done by a sum equal to the reasonable cost necessary to remedy the deficiencies, and/or
6.1.2 cancel any further Assignment being undertaken by the Interpreter.
6.2 Any complaint in connection with an interpreting Assignment shall be notified to the Interpreter by Sure Languages Limited (or vice-versa) as soon as it becomes known. If the parties are unable to agree, the matter may be subject to the jurisdiction of the Courts of England and Wales. In any event these terms shall be construed in accordance with English law.

RESPONSIBILITY AND LIABILITY

7.1 The Interpreter will notify Sure Languages as soon as is reasonably possible if he or she will be late or unable to attend an Assignment for whatever reason. Interpreters should call +44 330 223 5524 and must also email if calling out of working hours.
7.2 The Interpreter shall refuse to undertake work from Sure Languages Limited if he/she knows that the Assignment is beyond his/her skills or competencies.
7.3 The Assignment shall be carried out by the Interpreter using reasonable skill and care. The Interpreter shall use his/her best endeavours to do the work to the best of his/her ability, knowledge and belief.
7.4 The Interpreter shall interpret accurately, professionally and in an impartial manner at all times. Interpreters shall not express personal opinion, reaction or give advice. Interpreters shall not discuss fees with the Client.
7.5 The Interpreter shall be responsible for the safe-keeping of any Client documentation, and shall ensure they are returned or securely disposed as instructed by either the Client or Sure Languages Limited.
7.6 The Interpreter shall not sub-contract any project assigned to them by Sure Languages Limited to any third party without Sure Languages Limited knowledge and permission in writing.
7.7 The Translator agrees, upon demand, to indemnify Sure Languages Limited and keep Sure Languages Limited indemnified, from all losses, damages, injury, costs and expenses of whatever nature suffered by Sure Languages Limited to extend that the same are caused by or related to:
– to the provision of the Interpreting service provided by the Interpreter.
– any breach of warranty given by the Interpreter in this Service Agreement.
– any breach by the Interpreter of the terms of this Service Agreement
7.8 Neither the Interpreter nor Sure Languages Limited shall be liable to the other or any third party for consequences which are the result of circumstances wholly beyond the control of either party. The Interpreter shall notify Sure Languages Limited as soon as is reasonably practical of any circumstances likely to prejudice the Interpreter’s ability to comply with the terms of Sure Languages Limited order, and assist Sure Languages Limited as far as reasonably practical to identify an alternative solution.

UNFAIR COMPETITION

8.1 The Interpreter shall not, for a period of 18 months from the last Interpreting Assignment, approach the Client or third party for the purpose of soliciting work, nor work for the Client or third party in any capacity involving translation or interpreting, without Sure Languages Limited written consent. Similarly, when on an Assignment, the Interpreter is a representative of Sure Languages and must not promote his or her services/company.

APPLICABILITY AND INTEGRITY

9.1 This service agreement shall also be subject to any detailed requirements or variants expressly specified in the Interpreting Order relating to a particular Interpreting task. No waiver of any breach of any condition in this document shall be considered as a waiver of any subsequent breach of the same or any other provision.

Accepting work from Sure Languages constitutes acceptance of the terms of this agreement.