1. Agreement

1.1 This Agreement shall come into effect either (1) when the Client signs the Agreement; (2) when the Client commences delivery of materials or services related to the interpreting or translating assignment; or (3) when the Service Provider provides any services under the Agreement, whichever is earliest.
1.2 This Agreement may be subject to any detailed requirements or variants expressly specified in the order relating to a particular task.
1.3 No waiver of any breach of any condition in this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision.
1.4 This Agreement shall apply to both services completed for payment and services completed pro-bono.

2. Applicable Law

These General Terms and Conditions of Business shall be governed by the laws of England, and the Client agrees to submit to the exclusive jurisdiction of the English courts. The Code of Professional Conduct of the National Register of Public Service Interpreters (NRPSI) is followed. https://www.nrpsi.org.uk

3. Definitions

In these General Terms and Conditions of Business:

• The Client is the person or corporate body that places a Commission.
• The Commission is the assignment or work placed with the Service Provider by the Client and may comprise interpreting, translating, or any other similar work or associated work to be agreed between the Client and the Service Provider.
• The Agreement is the contract entered into between the Client and the Service Provider in respect of the Commission and any requirements of the Commission.
• The Service Provider is the practitioner who accepts the Commission.
• Requirements for interpreting and translating work shall include any special terminology to be used and notified in advance to the Service Provider by the Client. The Client shall also provide the Service Provider with relevant documents, e.g., agenda, subject-matters/reports to be discussed during the conference/meeting, further background information (if available), any existing glossaries and lists, as well as an overview of participants and/or speakers, at the very latest one week prior to the assignment unless otherwise agreed.

4. Acceptance

4.1 Agreement Confirmation

A Commission shall not be considered as agreed and confirmed until a written confirmation is made between the Service Provider (the Interpreter or Translator) and the Client.

4.2 Third-Party Introductions

Where the Service Provider’s Client is an intermediary (e.g., an agency) and introduces the Service Provider to a third-party client, the Service Provider agrees not to directly solicit interpreting or translating work from that third party without the written consent of the intermediary for a period of 6 months from the date of the last assignment facilitated by the intermediary.

However, this restriction shall not apply in the following circumstances:

• The third-party client has had prior interactions with the Service Provider, independent of the intermediary’s introduction.
• The Service Provider obtains the third-party client’s contact information or work request through publicly available sources.
• The third-party client independently approaches the Service Provider for interpreting or translating services, without the intermediary’s involvement.
• The Service Provider’s contact with the third-party client arises as a result of general advertising or promotional activities.
• The third-party client is openly seeking interpreting or translating services on the market.
• The intermediary only occasionally engages the Service Provider’s services.

The intention of this clause is to ensure fair practices and protect the interests of the intermediary. The Service Provider must be able to demonstrate that at least one of the above exemptions applies to avoid any breach of this agreement. The courts generally do not favour restrictive trade practices, and this clause is intended as a fair compromise to maintain trust and professionalism within the industry.

5. Force Majeure

5.1 If unavoidably prevented from fulfilling the Commission, the Service Provider will notify the Client of the circumstances, which shall entitle the Client and Service Provider to withdraw from the agreement. The Client shall pay the Service Provider for any work completed and, in consultation with the Client, use reasonable endeavours to source a replacement Service Provider of equivalent competence and qualifications.
5.2 As a safeguard against hard disk failure or theft of computer equipment, the Service Provider will back up all relevant work externally.

6. Fees and Payments

6.1 Fees/rates shall be agreed before the Commission is commenced, and any quotation based on the Client’s description of the work shall only be binding once full details of the Commission and the requirements have been confirmed in writing. All payments will be made in British Pounds (GBP).
6.2 An estimate shall not be considered contractually binding, but given for guidance or information only.
6.3 The Service Provider will not provide free “test” interpreting or translating services.
6.4 Any fee quoted, estimated, or agreed by the Service Provider on the basis of the Client’s description of the task may be subject to amendment by agreement between the parties if, in the Service Provider’s opinion on having seen the material, that description is materially inadequate or inaccurate.
6.5 Other supplementary charges may also be applied, such as those arising from:

• Urgent work or work outside normal office hours in order to meet the Client’s deadline or other Requirements.
• Extensive terminological research or additional preparation time due to the complexity of the subject matter.

The nature of such charges shall be agreed in advance and shall be at least 50% of the Commission fee/rate. The Service Provider reserves the right to decline work if an agreement is not reached in these instances.
6.6 If it emerges after the Commission has commenced that not all the relevant information has been provided and/or if there are any changes to the requirements, the Service Provider may vary the fees/rates accordingly.
6.7 All work must be paid for, and payment shall be made as soon as possible, but no later than within 30 days of the date of the invoice issued by the Service Provider to the Client.
6.8 In the case of long commissions, the Service Provider may require payment in instalments.
6.9 Should the Service Provider request it, payment shall be made upfront before the commencement of the work.
6.10 Settlement of any invoice, part-invoice, or other payment shall be made by the due date agreed between the parties or, in the absence of such agreement, within the period stipulated in clause 6.7.
6.11 Where delivery is in instalments and notice has been given that an interim payment is overdue, the Service Provider shall have the right to stop working on the Commission at hand until the outstanding payment is made or other terms are agreed.
6.12 The Service Provider reserves the right to add interest at the rate of three per cent (3%) above the base rate of Barclays Bank calculated on a daily basis from the date when such payment fell due until the date of payment.
6.13 This action shall be without prejudice to any sums due and without any liability whatsoever to the Client or any Third Party.
6.14 For translation services, the fee will be calculated based on the hourly rate used for face-to-face legal interpreting, with a minimum charge equivalent to 3 hours of work. This rate ensures consistent pricing across both interpreting and translating services.

7. Travel and Accommodation

7.1 If the job is located more than 50 miles away from London, and the interpreter is required to stay for multiple days, the Client shall cover the interpreter’s transport, accommodation, and meals. This includes lunch and dinner, with the interpreter responsible for sourcing breakfast independently. All arrangements for these expenses must be negotiated and agreed upon beforehand.
7.2 The interpreter travels exclusively by public transport. In the event of a delay caused by a strike, industrial action, or any other situation outside of the interpreter’s control, the interpreter is allowed to arrive up to one hour late. After one hour, the Client has the right to cancel the booking but must inform the interpreter before doing so. If the interpreter is not informed on time and only notified at the venue that the booking was cancelled due to lateness beyond one hour, caused by circumstances outside of the interpreter’s control, the interpreter shall have the right to charge 50% of the total Commission.
7.3 If the Client requests the interpreter to travel abroad, return flight tickets, accommodation, lunch, and dinner must be covered by the Client. These arrangements must be negotiated and agreed upon beforehand.

8. Cancellation

8.1 If a Commission is commissioned and subsequently cancelled, reduced in scope, or frustrated by an act or omission on the part of the Client or any Third Party, the Client shall, except in the circumstances described in clause 8.4, pay the Service Provider the full fee unless otherwise agreed in advance.
8.2 The work completed shall be made available to the Client.
8.3 If a Client goes into liquidation (other than voluntary liquidation for the purposes of reconstruction), or has a receiver appointed, or becomes insolvent, bankrupt, or enters into any arrangement with creditors, the Service Provider shall have the right to terminate the contract.
8.4 Neither the Service Provider nor the Client shall be liable to the other or any Third Party for consequences that are the result of circumstances wholly beyond the control of either party.
8.5 The Service Provider shall notify the Client as soon as is reasonably practical of any circumstances likely to prejudice the Service Provider’s ability to comply with the terms of the Client’s order and assist the Client as far as reasonably practical to identify an alternative solution.

9. Copyright

9.1 In Translating

• In the absence of a specific written agreement to the contrary, copyright in the Commission remains the property of the Service Provider.
• Copyright may subsist in material in written or spoken form or recorded in electronic form.
• When it is agreed that copyright is to be assigned to the Client after translation, such copyright shall only be assigned when full payment for the Commission has been received. Until such time, the copyright shall be owned by the Service Provider.
• If the translation is to be incorporated in a translation memory, the Service Provider shall license the use of the translation for this purpose.
• If the translation is in any way amended or altered without the Service Provider’s written permission, the Service Provider shall not be in any way liable for the amendments made or their consequences.
• If the Service Provider assigns copyright and the translation is subsequently published, the Service Provider expects the Client to acknowledge its work in the same way as for others involved in the publication, unless otherwise agreed (for example, in the case of promotional material).

9.2 In Interpreting

• The interpretation is the intellectual property of the Service Provider and is therefore covered by copyright law. Before recording the Service Provider’s work, the Service Provider’s written consent must be sought. It is up to the Service Provider to refuse such consent. Generally, the recording of the Service Provider’s work is only acceptable for internal use (such as the creation of minutes) and not for publication. It must be borne in mind that a Service Provider’s interpreting work is made for the moment and is influenced by many aspects of the working situation (background noise, sound quality, speaker’s gestures, etc.). Voice-over artists offer their services for any other recordings. If the Service Provider consents to the recording of his or her voice, a recording fee becomes applicable.

9.3 Online and Published Materials

• Any texts, pictures, videos, and related materials published on the website, on social media, or otherwise are the intellectual property of the Service Provider and are therefore covered by copyright law. Before copying the Service Provider’s work, the Service Provider’s written consent must be sought. It is up to the Service Provider to refuse such consent.
• The Service Provider reserves the right to request damages of £15,000 or more for any unauthorised use of their work, including materials published on the Service Provider’s website and social media, and reserves their right to initiate legal action.

10. Confidentiality

10.1 The Code of Professional Conduct of the National Register of Public Service Interpreters (NRPSI) requires Service Providers who are NRPSI members to treat all work performed by them and any information given to them as confidential.
10.2 The Service Provider shall at all times exercise due discretion in respect of disclosure to any Third Party of any information contained in the Client’s documents or related to the interpreting or translating assignment, and shall not disclose it to Third Parties without the express authorisation of the Client. Furthermore, the Service Provider shall process all personal data in accordance with the provisions of the General Data Protection Regulation. Further information on this can be found in the Service Provider’s Privacy Policy.
10.3 The Client shall not, without the express written consent of the Service Provider, disclose to third parties any information relating to his/her fees.
10.4 The Service Provider shall be responsible for the safe-keeping of the Client’s documents and copies of the Commission, and shall, where necessary, ensure their secure disposal.
10.5 The Service Provider will not make copies in addition to those required in the normal conduct of business, and copies shall be for internal use only. Only such copies shall be retained as are required for professional indemnity insurance.

11. Insurance

The interpreter is insured with AXA Insurance with liability coverage of up to £100,000 in the event that something goes wrong due to the interpreter’s or translator’s actions. However, such occurrences are extremely rare, not expected, and highly unlikely to ever happen.

12. Complaints

12.1 Any complaint by the Client about the Service Provider’s work shall be submitted to the Service Provider within 30 days of delivery of the Commission.
12.2 Failure by the Service Provider to meet agreed order requirements or to provide a Commission that is fit for its stated purpose shall entitle the Client to:

• Reduce, with the Service Provider’s consent, the fee payable for work done by a sum equal to the reasonable cost necessary to remedy the deficiencies; and/or
• Cancel any further instalments of work being undertaken by the Service Provider. Such entitlement shall only apply after the Service Provider has been given a reasonable opportunity to bring the work up to the required standard.

12.3 The entitlement referred to in clause 12.2 shall not apply unless the Service Provider has been notified in writing of all alleged defects.
12.4 If the Client is not satisfied with the Service Provider’s response to a complaint, the Client may escalate the complaint directly to the National Register of Public Service Interpreters (NRPSI) by visiting https://www.nrpsi.org.uk

13. Liability

13.1 The Commission shall be carried out by the Service Provider using reasonable skill and care and in accordance with the provisions and spirit of the Code of Professional Conduct of the National Register of Public Service Interpreters (NRPSI).
13.2 Time and expense permitting, the Service Provider shall use reasonable commercial endeavours to do the work to the best of his ability, knowledge, and belief, and consult such authorities as are reasonably available to him at the time.
13.3 Subject to clause 13.4, a Commission shall be fit for its stated purpose and target audience, and the level of quality specified.
13.4 Unless specified otherwise, Commissions shall be deemed to be of “for information” quality only.
13.5 Neither party shall, under any circumstances whatsoever, be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory misrepresentation, or otherwise, for any:

• Loss of profit;
• Loss of goodwill;
• Loss of business;
• Loss of business opportunity;
• Loss of anticipated saving;
• Loss or corruption of data or information; or
• Special, indirect or consequential damage, suffered by the other party that arises under or in connection with the Agreement.

13.6 Without prejudice to clause 13.5, the Service Provider’s total liability arising under or in connection with the Agreement, whether in contract, tort (including negligence) or restitution, or for breach of statutory misrepresentation, or otherwise, shall in all circumstances be limited to the amount of the cost of the Commission being undertaken when the liability arises.