Terms and Conditions

Language Provider Terms and conditions for the supply of interpreting services

1. Definitions

1 In these Terms of Business the following definitions apply:-

‘The Company’ means Habibi interpreting and translation Limited.

‘Client’ means the person, firm, and organisation, statutory or corporate body together with any subsidiary or associated units to whom the Interpreter is engaged.

‘Engagement’ means any use of the Interpreter’s service on a temporary basis.

‘Language Provider’ means the individual who is agreeing to undertake a commission of a linguistic nature on behalf of Habibi interpreting and Translation ltd

1.2 The headings contained in these Terms & Conditions are for convenience only and do not affect their interpretation.

2. PROFESSIONAL ABILITIES

The Company aims to establish a long-term, mutually beneficial relationship with its language providers. The language providers must only accept work which they consider to be within their professional abilities.

3. CONFIDENTIALITY

The language provider undertakes not to accept work directly from The Company clients without a prior written Purchase Order from The Company. You are bound by a Confidentiality Agreement to ensure privacy of the work undertaken and that you undertake not to disclose any information of any nature whatsoever, concerning The Company, its Clients, translation/interpreting work undertaken, which have been obtained during the provision of your services and in future without time limitation, to any third party.

4. Notification by the Company

The Company will contact a language provider by telephone to request the Service. The Company will provide the language provider with the correct time sheet and all the information required to provide the Services for the client.

5. Obligations on the Language Provider

5.1 The language provider will arrive at the Site five minutes before the time stated by the Company.

5.2 In the event that the language provider is unable to arrive at the Site five minutes before the time stated by the Company, the language provider shall contact the Company by telephone immediately and inform them of the situation.

5.3 If language provider arrives after the commencement time stated by the Company, and does not inform the Company of their lateness, the Company reserve the right to exercise its discretion to make a reasonable deduction in the payment to the language provider.

5.4 In the event that the language provider fails to arrive at the site to provide the Services requested by the Client, the Company reserves the right to withhold all outstanding payments to the language provider until the matter has been explained by the language provider to the reasonable satisfaction of the Company.

5.5 In the cases where the language provider refuses to, or cannot explain his/her absence from a case to the reasonable satisfaction of the Company, the Company reserve the right to make a reasonable deduction from any outstanding pay owed to the language provider.

Interpreting

5.6 The language provider agrees to provide the Services to the best of their ability and to aid and assist the Client in any way that they can.

Time Sheets

5.7 The language provider will take the correct job sheet to the Site, and will obtain the Client’s signature as proof of their attendance.

5.8 The language provider agrees to fill in all relevant parts of the time sheet in full and to the best of their knowledge.

5.9 The language provider must submit the completed time sheet, either by email, or by post to the Company within five days of the provision of the Services.

5.10 Failure by the language provider to send in the correct, fully completed, signed time sheet, within 5 working days of the provision of the Services, will result in the Company withholding all outstanding payments owing to the language provider until such time as the time sheet is received.

6. Payment

6.1 The Company undertakes to pay the language provider for the services provided in accordance with the rates and conditions stated in the language providers booking conformation. The Company reserve the right to change the rates stated in the language providers booking conformation at any time.

6.2 The Company undertakes to pay for reasonable travel expenses incurred by the Language provider where the language provider travels by car, at the standard rate expressed in the language providers booking conformation.

6.3 The Company agrees to pay for travel expenses incurred by the language provider where the language provider travels by public transport and can provide a receipt or a copy of the receipt as evidence of the expense incurred.

6.4 The Company is under no obligation to pay for 1st Class travel, private hire vehicles or taxis unless prior permission has been granted to the language provider to use these methods of travel by the Company.

6.5 The Company is under no obligation to remunerate an language provider for their travel expenses where the time sheet has not been correctly completed or where no receipt has been evidenced by the Company to affirm the incursion of the expense.

6.6 The Company has no liability in respect of any calculation of tax, National Insurance or any other deductions or contributions made from the money owed to a language provider.

6.7 Payment will be made by the Company within 30 days of receipt of the time sheet despite the exceptions made in Clause 5.10.

6.8 The company (Habibi interpreting & translation) will be providing qualified interpreters on a legal aid rate basis. The following legal aid rates apply:

– Interpreters based within a London borough £25.00 per hour

– Travel time charges would be 2/3 of the hourly rate for interpreting (£16.66)

– Mileage 45 pence per mile

– and translation and transcription from source language into English and vice versa 0.10 pence per word.

7. Liability

7.1 At no time during the contract is the language provider considered to be an employee of the Company. At all times the language provider is considered to be a self-employed individual with whom the Company is contracting for the provision of the Services.

7.2 The Language Provider will exercise reasonable skill and care in providing the Service to the Client within the reasonable provision of the Service.

7.3 The Language Provider will undertake to keep confidential all information and documents delivered by the Company or the Client and shall not disclose any such information or the contents of such documents to any 3rd part unless compelled to do so by law.

7.4 Except in the case of death or personal injury caused by the Company’s negligence, or as expressly provided in these terms, the Company shall not be liable to the language provider for any representation (unless fraudulent), or any implied warranty, condition or other term, for any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, cost, expenses or other claims which arise out of or in connection with the provision of the Services or their use by the Client.

7.5 The language provider will indemnify the Company against all liabilities, losses or costs that the Company may incur, in consequence of any claim that may be made against the Company in consequence of the content of any document translated or words interpreted by the language provider.

Client Terms and conditions for the supply of translation services

1. Definitions

1.1 In these Terms of Business the following definitions apply:- ‘The Company’ Habibi interpreting and translation Ltd.
‘Client’ means the person, firm, and organisation, statutory or corporate body together with any subsidiary or associated units to whom the Translator is engaged.

‘Engagement’ means any use of the Translator’s service on a temporary basis.

‘Language Provider’ means the individual whose services are supplied by Habibi interpreting and translation Ltd to the Client.

1.2 The headings contained in these Terms & Conditions are for convenience only and do not affect their interpretation.

2. The Contract

2.1 These terms constitute the contract between the Company and the Client for the supply of the Language Provider services by the Company to the Client and are deemed to be accepted by the Client by virtue of its request for engagement of the translator.

2.2 No variation or alteration to these Terms shall be valid unless approved by a Director of The Company in writing.

2.3 Unless otherwise agreed by a Director of The Company, these Terms prevail over any terms of business proffered by the Client.

3. Quotation and conclusion of agreement

3.1 if the Company has not had an opportunity to assess the nature of the entire document submitted by a client to be translated and/or otherwise edited, any quotation provided in this respect along with the fee and/or delivery time stated therein, shall be free of obligation and may at all times be withdrawn or modified.

3.2 The Client shall be deemed to have entered into an agreement at such time as he submits an order. The time at which such order is submitted shall be deemed to be when The Client sends an order for a translation to The Company or presents it to the latter. An order for a translation may be sent by post and e-mail.

3.3 To confirm the submission of the order by the Client, The Company shall send the client an e-mail to this effect. Failure to send this e-mail shall in no way bar the Client from entering into this agreement. The e- mail sent by the Company shall confirm that the latter has entered into the agreement in question.

4. Delivery time and deadline

4.1 The agreed delivery time is indicative, and The Company undertakes to do all in its power to comply with it. Should it appear that it will be impossible for it to ensure timely delivery due to exceptional circumstances, The Company undertakes to notify its client to this effect forth with.

4.2 In the unlikely event that the relevant deadline is missed The Company shall not be liable for any compensation.

4.3 Delivery shall be deemed to have occurred at such time as The Company effects despatch by e-mail or post.

5. Modification or withdrawal of order

5.1 If after an agreement is concluded, the Client makes changes of a limited nature, this to be determined solely at the discretion of The Company, the latter reserves the right to adjust any relevant delivery time and/or fee to accord with such modification.

5.2 The Company undertakes to e-mail the Client confirmation of any change made to an order; delivery time or fee after the relevant agreement has been concluded once it has assented to such change.

5.3 If the Client withdraws an order after it has been submitted, he shall be liable for payment of the agreed sum in full, unless The Company indicates that a discount may be granted. The extent of such
discount shall be determined solely at The Company’s discretion.

6. Proficient fulfilment of orders and confidentiality

6.1 The Company gives an undertaking to the Client that it will ensure that any order for a translation will be fulfilled to the best of its ability and expertise.

6.2 Subject to its responsibility for the proficient fulfilment of an order, The Company shall be entitled to engage the services of a third party, i.e., an independently operating proficient translator, for the fulfilment of such order. Based on its experience in and knowledge of the translation market, The Company undertakes to engage the services of one or more external translators for a specific order (or part thereof), to the best of its ability and expertise, having regard as far as possible to the nature of the order in question.

6.3 The Company undertakes to treat all information provided by the Client as confidential. Furthermore, The Company undertakes to alert any external translator whose services it engages, to his duty to ensure the confidential treatment of information and any documentation it may have obtained. Nevertheless, The Company cannot be held liable for the unlikely event that a third party may fail to comply with his duty of non-disclosure.

7. Standard and other fees, and payment

7.1 In principle, the standard fee shall be based on a rate per word and shall be calculated on the basis of the number of words in the document that has been translated (the target document), multiplied by the applicable rate per word, unless The Company comes to some other agreement with the Client. The applicable rates shall be sent out in the relevant quotation.

7.2 The Company shall supplement the aforementioned standard fee with a surcharge in the event that the document that is to be translated, requires additional work, is of an extraordinary or specialist nature, or if it needs to be translated very urgently (more urgently than The Company’s short standard delivery times), or if more expenses need to be incurred for any other purpose, (i.e. registered postal charge) which exceed what The Company could reasonably have expected.

7.3 The charges are invoiced to the Client on a weekly basis, unless otherwise agreed, and invoices are payable within thirty (30) days of the invoice date. Payment of invoices outside these terms will be subject to the remedies contained within the provisions of the Late Payment of Commercial Debts (Interest) Act1998.

7.4 Chargesare100% on receipt of invoice earned within 30 days unless otherwise agreed with The Company prior to commencement of The Contract or an assignment. After 30 days, non-payment of Charges will automatically accrue interest at the rate of 8% per annum over base rate, applicable to all overdue sums from the date they first became due to the date they are paid in full.

7.5 At any time after the passing of 30 days, Habibi interpreting and translation Ltd has the right to take legal action to recover the amount owed from The Client. Should this occur, The Company shall charge an administrative fee of £100 to The Client, to be added to the invoice. The Client shall also be responsible for any legal fees. Discounts on quoted prices will not be honoured and will be at the full rate not the discounted cost if the full invoiced amount is not paid within 30 days.

7.6 If an invoice becomes 60 days overdue, a letter requesting payment will be sent to The Client advising them of this, for which a £25 administrative charge will apply.

7.7 If an invoice becomes 90 days overdue, a letter requesting payment will be sent to The Client advising them of this, for which a £25 administrative charge will apply.

7.8 If Charges are not settled in full within 120 days of the original invoice date, Habibi interpreting, and translation fully reserves the right to automatically commence legal proceedings to recover outstanding fees from The Client. An administrative charge of £100 will be made and The Client shall also be liable for all interest charges and legal fees incurred.

7.9 Telephone interpreting minimum charge 30 minutes, face to face interpreting minimum charge 60 minutes

8. Complaints and disputes

8.1 The Client shall be required to notify The Company of any complaint about a translation as soon as possible. The submission of a complaint shall under no circumstances discharge the client from his duty to effect payment.

8.2 Should the Client raise any question about the accuracy or quality of a translation which clearly goes beyond any polemical dispute about the most appropriate or best translation of one or several words, The Company undertakes to comment on this through the relevant external translator.

Cancellation Policy:

If you cancel or postpone a video call within 24 hours of the time and date that it is scheduled to take place, you will be charged a cancellation fee equivalent to the minimum interpreting fee payable. A minimum charge of one hour’s attendance will apply for all attendances regardless of the actual duration of the attendance.

If a video call concludes before the end time stated in the booking request, you will be charged for the duration stated in the booking request. If a video call should go past the end time indicated on the booking request, you will be charged for the full duration of the call.

Cancellation Policy for Face-to-Face Interpretation:

If you cancel or postpone an attendance within 24 hours of the time and date that it is scheduled to take place, you will be charged a cancellation fee equivalent to the minimum interpreting fee payable. No travel time or travel expenses will be charged unless the interpreter has incurred travel expenses in advance for public transport. We will notify you when you inform us of the cancellation if such expenses have been incurred.

If you cancel an attendance while the interpreter is travelling to or has arrived at the location of the attendance, you will be charged a cancellation fee equivalent to the minimum interpreting fee payable, travel time, travel expenses or mileage incurred by the interpreter. A minimum charge of one hour’s attendance will apply for all attendances regardless of the actual duration of the attendance. For an attendance that is booked for duration of 2 to 3 hours, a minimum interpreting fee of 2 hours will be charged. For an all-day attendance that is booked for 3 hours or more, a minimum interpreting fee of three hours will be charged.

Telephone Interpretation Cancellation Policy:

If you cancel or postpone a telephonic attendance 24 hours before it is scheduled to take place, no cancellation fee will apply.

If you fail to inform us within 24 hours of the telephonic booking that you no longer require the telephonic attendance, you will be charged a minimum of 30 minutes telephonic attendance time and if the booking is for longer than 30 minutes you will be charged for the entire duration of the telephonic attendance booked. You must call the Bookings Team at Perfect Language Services directly, and not the interpreter to cancel any booking so that the cancellation fee does not apply.

A minimum charge of 30 minutes of telephone attendance will apply regardless of the duration requested at the time of booking the attendance. If a booking is made for longer than 30 minutes, you will be charged for the duration stated in the booking request regardless of how long the calls lasts on day of the booking.

If you call the Interpreter later than the start time on the booking request, you will still be invoiced from the start time in the booking request. If the call should go past the end time indicated on the booking request, you will be charged for the full duration of the call.

You should contact the interpreter using the contact number provided in this booking confirmation.

You must be always present during the telephonic attendance and the interpreter should not be left to interpret alone over the telephone with your client at any time. At no time should the interpreter be asked to contact your client directly at his or her expense.