1.1 In these Terms of Business the following definitions apply:
'The Language Provider' means UK Translation Services, registered in England as no: 10145109. Registered Office: UK Translation Services, 19 St Christopher's Way, Pride Park, Derby, DE24 8JY.
'Assignment' means the period during which the Interpreter is supplied to render service to the Client;
'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 whose services are supplied by UK Translation Services Ltd to the Client.
1.2 The headings contained in these Terms & Conditions are for convenience only and do not affect their interpretation.
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 Interpreter.
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.
3.1 The Client agrees to pay the hourly charges of The Company as confirmed before the Assignment. The charges are comprised mainly of the Language Provider remuneration and the company's commission but also include travel expenses and where applicable any parking fees paid by the interpreter. VAT is payable on the entirety of these charges. All payments must be in UK pounds.
3.2 Any increase to these charges is at The Company's discretion.
3.3 The charges are invoiced to the Client on a weekly basis, unless otherwise agreed, and are payable within 30 days. Payment of invoices outside these terms will be subject to the remedies contained within the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
3.4 Where Legal Aid applies, the liability to pay is not on Legal Aid but on the client who is wholly responsible for making the payment.
3.5 Please note that the price quoted on the booking confirmation is the final price the Client will be expected to pay, regardless of the language provider's location. However, if the assignment takes longer than the original quoted amount, e.g, 6 hours instead of 4 hours, then the Client is liable to pay an additional fee.
3.6 Charges are 100% on receipt of invoice and within 30 days. 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.
3.7 If Legal Aid applies, we can wait up to 6 months for payment only, if already agreed with the Client. After 6 months has elapsed, the Client is expected to make the full payment along with any surcharges that should apply.
3.8 At any time after the passing of 30 days, UK Translation Services reserves the right to take legal action in order 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.
3.9 If an invoice becomes a further 30 days overdue, a letter requesting payment will be sent to The Client advising them of this, for which a £25 administration charge will apply.
4.0 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.
4.1 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.
4.2 If Charges are not settled in full within 120 days of the original invoice date, UK Translation Services fully reserves the right to automatically commence legal proceedings in order 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.
4.3 Discounts on quoted prices will only apply if invoices are paid in full within 30 days. Charges that are not paid within these 30 days will be at the full rate and not the discounted cost.
4. Timesheets4.1 At the end of each assignment the Client shall sign The Company's timesheet verifying the hours attended by the Language Provider during that Assignment.
4.2 Signature of the timesheet by the Client indicates satisfaction with the services provided by the Language Provider and confirmation of the number of hours attended. Failure to sign the timesheet does not absolve the Client's obligation to pay the charges in respect of the hours attended.
5. RemunerationThe Company assumes responsibility for payment of the Language Provider remuneration.
6. UK TRANSLATION SERVICES LIABILITIES6.1 Whilst every effort is made by The Company to give satisfaction to the Client by ensuring high standards of skills, integrity and reliability from Language Provider and further to provide them in accordance with the Client's booking details, The Company is not liable for any expense, delay or damage arising from any failure to provide any Language Provider for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Language Provider.
6.2 UK Translation Services shall incur no liability to The Client for negligent misrepresentation made orally or in writing, either directly or indirectly, by The Company or its representatives prior to the Contract. The Client shall not be permitted to rescind The Contract based on grounds such as these.
6.3 The Company shall assume limited liability on any grounds whatsoever based solely on the invoiced value of the work.
6.4 Language Providers are engaged by The Company under contract for services. They are not the employees of The Company.
7. CLIENT LIABILITIES7.1 Should a booking be delayed for any reason, which is outside the control of either the Interpreter or The Company, then the Client shall still be liable for charges in respect of the originally agreed commencement of the booking.
7.2 Unless The Company states otherwise, The Client agrees (to include any associated companies of The Client) that they will refrain either directly or indirectly from approaching, soliciting or employing the Interpreter who undertook the work under the Contract within 18 months from the termination of the said Contract. Should the Client be found to be in breach of this clause, they agree to pay The Company an amount equal to both the aggregate remuneration paid by The Company to The Interpreter for the year preceding the date on which The Client employed The Interpreter, and the equivalent of one full year's pro-rated pay for any money paid to the Interpreter by The Client.
7.3 Under no circumstances should the interpreter approach the client. If this ever occurs, the client must inform us immediately.
7.4 In the event UK Translation Services is required to provide interpreting and other services to The Client on The Client's own or any other premises, The Client shall allocate suitably experienced staff to take responsibility for UK Translation Services' activities. They should also provide access to premises, interpretation equipment and other facilities which is considered reasonable. Provide all necessary information for The Interpreter to adequately produce the work and ensure that all information is complete and accurate. Take responsibility for all safety and security precautions at the premises during the provision of services.
7.5 UK Translation Services shall reserve the right to charge The Client for any additional costs resulting from hazardous conditions or materials encountered at the premises during the assignment.
7.6 The Company shall not be obliged to continue the provision of services where The Company considers this would compromise The Contract as a breach of warranty, illegal act or safety hazard.
8. LANGUAGE PROVIDERSIn the event of sickness or injury or absence of a Language Provider prior to or during an assignment, we will use our best endeavours to supply a replacement, but no liability is accepted by us for failing to do so.
9. ASSIGNMENT DETAILSPrior to each assignment The Company will send the client a booking confirmation, usually by email, containing details of the venue for meeting / hearing requiring interpretation, start time, expected duration and other relevant details. Acceptance of the booking confirms all details are correct and The Company will take no responsibility for incorrect details after this acceptance.
10. Cancellation10.1 If the Client wishes to cancel or postpone an order for Services charged on an hourly basis, the full fee specified in the quotation shall be payable when the cancellation is made less than 24 hours during working days or otherwise before the start of the Event.
10.2 If the Client wishes to cancel an order for Services charged on a hourly basis, half of the full fee specified in the quotation shall be payable when the cancellation is made less than 48 hours during working days before the start of the Assignment.
10.3 If the Client wishes to cancel an order for Services charged on an hourly basis more than 48 hours during working days no charge will apply.
10.4 If for whatever reason we have to cancel your booking, we will endeavour to give you as much prior notice as possible either by phone, email, text, fax or any other appropriate method of communication. No charges will be incurred by the client.
11. LawThese Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.