By Contracting Our Services, You are Agreeing to Our:
TERMS AND CONDITIONS FOR SPOT ON INTERPRETING SERVICES
Spot On Interpreting Services and you, the Customer, agree that the terms and conditions shown below will apply to Spot On Interpreting Services.
Use of Spot On Interpreters or Translators constitutes acceptance of all these terms and conditions (sometimes referred to as the Agreement).
1. Charges and Payments – Payments shall be made by credit card using encryption communications ensuring that credit card details are passed in a secure format. Credit card details shall be captured by Spot On Interpreting when the Customer submits an order for Service. In the case of an unsuccessful credit card validation, Customer shall be contacted by Spot On Interpreting for order confirmation and payment details prior to the delivery of the Service. If a vendor agreement is arranged, or payment is remitted after services have been rendered, payment may be made by check, cash, or money order no later than 45 calendar days after services have been rendered, otherwise a $25/week late fee will be assessed.
2. Use of Service – A. Unless otherwise agreed to, customer represents that the Service will be used for its own internal purposes and not for re-sale. B. The following uses of the Service are prohibited: the transmission of any message or other material which constitutes an infringement of any copyright, patent or trademark; an unauthorized disclosure of a trade secret; the transfer of any information or technology abroad in violation of any applicable export law or regulation; a violation of Section 223 of the Communications Act of 1934, as amended, 47 U.S.C. Section 223, or other criminal prohibitions regarding the use of telephones to transmit obscene, threatening, harassing or other messages specified therein; a libelous or slanderous statement; or a violation of any other applicable statute or government regulation. C. Customer agrees to defend and indemnify Spot On Interpreting, its affiliates and their respective successors and to hold them harmless from any claim or action whatsoever arising from the use of Service in any manner prohibited by this Section.
3. Privacy of Information and Communications – In providing the Service, Spot On Interpreting will make reasonable efforts to ensure the privacy of Customer’s information and communications. Under applicable law, Spot On Interpreting may be obligated to reveal information or communications which evidence or constitute criminal activity.
4. Disclaimer of Warranty – SPOT ON INTERPRETING MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INTERPRETATION OR TRANSLATION. SPOT ON INTERPRETING DOES NOT WARRANT THE AVAILABILITY OF INTERPRETERS FOR ALL LANGUAGE PAIRS AT ALL TIMES, AND SPOT ON INTERPRETING SPECIFICALLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER RECOGNIZES THAT OVER-THE-PHONE INTERPRETATIONS AND DOCUMENT TRANSLATIONS MAY NOT BE ENTIRELY ACCURATE IN ALL CASES.
5. Subcontracts – Spot On Interpreting may subcontract any or all of the Service to be performed but, subject to the exclusive remedies and limitations of liability set forth in these Terms and Conditions, it shall retain responsibility for the work that is subcontracted.
6. Force Majeure – Neither Spot On Interpreting, its affiliates nor their respective successors shall be liable in any way for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond Spot On Interpreting’s control, including but not limited to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, product or transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or any other cause beyond Spot On Interpreting’s control whether or not similar to the foregoing.
7. Supplement, Modification or Waiver – Any supplement, modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of Spot On Interpreting.
8. Waiver and Failure to Exercise Rights – The waiver by either party of any breach of this Agreement shall not operate as a waiver of subsequent breaches of the same or different kind. The failure of either party to exercise any rights under this Agreement in a particular instance shall not operate as a waiver of the party’s right to exercise the same or different rights in other instances.
9. Survival of Obligations – The obligations of the parties under this Agreement which by their nature would continue beyond the termination or cancellation of this Agreement shall survive such termination or cancellation.
10. No Third Party Beneficiaries – Neither this Agreement nor the provision of Service shall be construed to create any duty or obligation on the part of Spot On Interpreting to any third parties, including, without limitation, any persons participating in or the subject of conversations for which Service are provided. This Agreement does not provide any third party with any right, privilege, remedy, claim or cause of action against Spot On Interpreting, its affiliates or their respective successors.
11. Severability – If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect.
12. Choice of Law & Attorney’s Fees – The construction, interpretation and performance of this Agreement shall be governed by the domestic laws of the State of California. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement, or to interpret or enforce any rights of this agreement the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
TEAM INTERPRETNG POLICY: A team interpreter will be provided for any Sign Language job assignment that is over 2 hours in length unless otherwise negotiated in advance. The interpreter reserves the right to negotiate a team interpreter for assignments less than 2 hours in length should an particular assignment warrant a team. Should a team of two interpreters have been expected and/or warranted and is not provided, contractor reserves the right to either charge double for work performed or work half the scheduled time without the requisite team in order to prevent injury from occurring, whichever works best to the benefit of both contracting parties.
PERFORMING ARTS ASSIGNMENTS:
Performing Arts assignments will be negotiated on a per assignment, flat rate basis and will NOT be subject to regular hourly rates. All performing arts assignments will be teamed, and will require no less than two weeks of rehearsal unless otherwise negotiated – the preferred notice is 30 days for performance assignments.
TRAVEL TIME/MILEAGE: Travel that is over 50 miles round trip will be billed at ½ the interpreter’s hourly rate per hour of travel unless otherwise negotiated. Mileage will also be billed at the current federal mileage rate.
VIDEOTAPING AND USE OF WORK PRODUCT: All requests for videotaping of interpretation work product performed our interpreters must be contracted for in advance of the work assignment. In general, videotaping of work product will be acceptable IF the following conditions are met:
- Spot On Interpreting is provided an unedited copy of the entire videotaped work product within 15 days of the date of service for her records and future use.
- The entity videotaping the likeness of our interpreters will in no way profit from the use or reuse of the videotape made of the work product in the future.
- The videotape will not be used for any illicit or illegal purposes in the future.
Should these conditions not be met, videotaping of work product will not be permitted, or will incur an additional fee no less than $500.00 for the initial taping, and $500.00 per showing after the initial event.
Unless otherwise negotiated in advance, required notice for cancellation of interpretation services are as follows:
1-2 hours 48 weekday hours’ notice.
3-5 hours 72 weekday hours’ notice.
Over 6 hours 96 weekday hours’ notice.
Cancellation policy for multiple day assignments will be negotiated on a per assignment basis. Weekday hours are defined as 24 hours Monday through Friday. Should cancellation of assignment not fall within these deadlines, the time booked will be billed for in full.
All invoices are due no later than 45 calendar days from the date of invoice. If an invoice remains outstanding more than 45 days past the date of the invoice then an additional invoice will be submitted with a $25.00 late fee; for each additional 7 days the invoice remains outstanding, an additional $25.00 late fee will be incurred.
All payments will be made payable to: Spot On Interpreting.
AGREEMENT TO CONTRACT FOR SERVICES:
By contracting our services and indicating, in writing or via email, that you have read this agreement, you agree to contract for interpretation/translation services with Spot On Interpreting under the outlined terms of service. You understand that this agreement constitutes the full agreement under which both the service provider and requester are bound. This agreement may be terminated by either party with written thirty (30) day notice to the other party informing the other of intent to sever the contract.