Kwintessential Ltd / British Sign Language Interpreter Terms and Conditions
1. Definitions
‘British Sign Language Interpreter' denotes the individual working on behalf of Kwintessential Ltd to provide the British Sign Language interpreting services.
‘Speaker’ shall mean the person making the original spoken or signed communication.
‘Client’ shall mean the party or intermediary engaging the services of Kwintessential Ltd.
‘Assignment’ shall mean any period for one specific purpose or event during which the British Sign Language Interpreter provides a service.
‘Circumstances’ shall mean any circumstances deriving from any cause, which is beyond the control of the British Sign Language Interpreter or Kwintessential Ltd.
2. Services Provided
2.1 The services provided by the British Sign Language Interpreter shall comprise services agreed in writing at the time when an assignment is accepted.
2.2 They shall not, without express agreement confirmed in writing at the time, include any additional services unless the British Sign Language Interpreter feels that the request is reasonable.
3. Contracts
3.1 All assignments shall be confirmed by Kwintessential Ltd in written form and agreed to, in writing, by the British Sign Language Interpreter. These Terms and Conditions underlie all assignments undertaken.
3.2 If a British Sign Language Interpreter is commissioned for an assignment and there is no time for Kwintessential to confirm the assignment in written form, then the assignment shall be entered into on the basis of oral agreement only and the Terms and Conditions shall be deemed to apply.
3.3 Where a British Sign Language Interpreter’s services have been agreed in accordance with the means specified above, Kwintessential Ltd shall be wholly liable for:
Remuneration of the British Sign Language Interpreter’s services, and
Reimbursement of any expenses incurred by the British Sign Language Interpreter in connection with assignments which have been agreed in writing and regardless of whether the interpreting services are in fact provided or not.
4. Teams
4.1 Where an assignment requires continuous British Sign Language Interpreting for any period of more than one hour, a team of a minimum of two British Sign Language Interpreters shall be engaged to provide the service.
4.2 As an exception to the above, one British Sign Language Interpreter alone may be responsible for all the interpreting services in the assignment if this is explicitly accepted by the British Sign Language Interpreter in writing.
4.3 Where three or more British Sign Language Interpreters are engaged for an assignment, one British Sign Language Interpreter shall be designated Team Leader.
4.4 The Team Leader shall be responsible for organizing the work of the interpreting Team and all liaisons with Kwintessential Ltd. Additional fees may be agreed in advance for this work.
4.5 No persons who are not members of the Team may be used as British Sign Language Interpreters to complement the Team.
5. Working Hours
5.1 A working day shall comprise no more than six hours during which British Sign Language Interpreter services will be required.
5.2 British Sign Language Interpreter’s shall be given a midday rest period of at least one hour.
5.3 If a British Sign Language Interpreter has agreed to work solo he/she shall be given adequate opportunity for breaks, ideally 10 minutes every 25 to 30 minutes.
5.4 No demands shall be made on the skills of the British Sign Language Interpreter during rest periods or breaks.
5.5 If, in the course of an assignment, it is found that the services will be required for an additional period after the period of work for which the British Sign Language Interpreter was initially contracted, the British Sign Language Interpreter may be invited, but not compelled, to:
continue for a further agreed period on that same day,
continue for a further agreed period on subsequent days.
5.6 If the British Sign Language Interpreter consents to the above, additional fees shall be paid in accordance with Clause 7.3.
5.7 A second British Sign Language Interpreter will be engaged for all assignments extending beyond a three hour period.
5.8 If services are required for a continuous period of more than 8 hours, a second Team shall be organised and the work shall be shared equally between the two teams.
6. Quotations for Fees
6.1 Fees quoted by an LSP, or on behalf of a team of British Sign Language Interpreters, in full knowledge of the contents and conditions of an assignment, shall be considered contractually binding and valid for acceptance for three months only.
6.2 Quotations shall be confirmed in writing and any VAT applicable, in addition to the fees, shall be stipulated.
7. Fees and Allowances
7.1 All fees and allowances shall be freely negotiated and paid in full no later than 30 days following receipt of the invoice.
7.2 Interest shall automatically be applied at 8% over base rate (or such rate as is determined by statute, the latter prevailing), to all overdue sums from the first date on which they become due until they are paid in full.
7.3 Fees shall be charged on the basis of a full day, or half day in the case of a period of three hours or less. Where the British Sign Language Interpreter has been invited to continue for a further period in extension of the initial contract, (see Clause 5.5), a supplementary fee shall be paid at an agreed hourly rate.
7.4 Where travel to and from the British Sign Language Interpreter’s normal place of residence and an assignment cannot reasonably be completed within the same day as the assignment, travel time will be remunerated at the same rate as working time.
7.5 Where travel to and from the British Sign Language Interpreter’s normal place of residence and an assignment involves a total of more than four hours, travel time will be remunerated at 50% of the agreed hourly rate.
7.6 A supplementary fee for working unsociable hours shall be agreed between the British Sign Language Interpreter and Kwintessential in advance, for assignments between the hours of 19:00 and 08:00 or at weekends or public holidays.
7.7 Where a British Sign Language Interpreter is required, from the outset, to work longer than the working day a supplementary fee shall be negotiated at an agreed hourly rate.
8. Travel and Accommodation
8.1 Arrangements for travel and accommodation shall be the responsibility of either Kwintessential or the British Sign Language Interpreter, as agreed before acceptance.
8.2 Travel arrangements shall ensure that the British Sign Language Interpreter arrives an agreed time before the start of the assignment and does not have to leave prematurely.
8.3 Where travel arrangements are made by Kwintessential, these shall be such as to ensure that the British Sign Language Interpreter arrives sufficiently rested to fulfil the assignment to the expected standard.
8.4 Where travel arrangements are made by the British Sign Language Interpreter, they shall seek to obtain travel and accommodation at a reasonable cost compatible with satisfactory performance of the assignment. Costs should be communicated to Kwintessential Ltd. and agreed accordingly prior to any bookings being confirmed. Any expenditure incurred shall be reimbursed to the British Sign Language Interpreter within 30 days following receipt of invoice. If any such arrangements made by the British Sign Language Interpreter have to be varied or cancelled, any reimbursed sums recovered by the British Sign Language Interpreter shall be immediately repaid to Kwintessential.
9. Cancellation
9.1 If an accepted assignment is curtailed or cancelled either wholly or in part, or performance of the assignment is frustrated for reasons, which Kwintessential Ltd or Kwintessential’s Clients’ are responsible; Kwintessential Ltd shall be liable for payment of a cancellation fee according to Clause 9.4.
9.2 Any expenditure incurred as agreed in the contract and any additional expenditure incurred as a result of the cancellation shall also be reimbursed.
9.3 If, however, at the time of cancellation Kwintessential Ltd is able to offer an alternative assignment of a similar type under comparable conditions and circumstances for all or part of the period of the original assignment, Kwintessential Ltd’s liability to the British Sign Language Interpreter in respect of cancellation fees shall be reduced by the amount of the fees payable for the alternative assignment.
9.4 Any cancellation fee shall be agreed between the parties prior to acceptance of the assignment and shall be determined in relation to the time between notification of cancellation and the start date, as follows:
7 days or less notice Full Fee
8 to 14 days notice Half Fee
15 or more days notice No Fee
10. Substitution of British Sign Language Interpreters
10.1 Substitution shall only be permitted in agreement with Kwintessential. In such circumstances the British Sign Language Interpreter shall endeavour to find a suitable substitute (with the substitute meeting all of the qualification requirements, coupled with suitable experience).
10.2 Kwintessential Ltd shall reasonably accept this substitute, who shall be engaged on the same terms as the British Sign Language Interpreter had previously agreed.
10.3 Kwintessential Ltd shall notify any other parties as appropriate.
10.4 Acceptance of the substitute by Kwintessential Ltd shall discharge the British Sign Language Interpreter from any further liability.
11. Unavoidable Circumstances
11.1 The British Sign Language Interpreter undertakes to notify Kwintessential Ltd at the earliest possible opportunity if he/she is prevented from undertaking an assignment or if performance is frustrated by unavoidable circumstances.
11.2 In giving such notice the British Sign Language Interpreter shall relinquish any right to:
Remuneration for the uncompleted part of the assignment;
The reimbursement of any expenses, except those already irrecoverably incurred, or necessarily incurred in returning the British Sign Language Interpreter to his/her normal place of residence by suitable means.
12. Preparation Materials
12.1 Kwintessential Ltd shall provide the British Sign Language Interpreter with relevant information and preparatory materials in the form of background documentation, (See Clause 12.4), in good time; preferably two weeks in advance of an assignment in order to ensure provision of a quality service.
12.2 If it is not possible to provide preparatory materials, and the British Sign Language Interpreter requests such, Kwintessential Ltd shall arrange for a briefing meeting.
12.3 Attendance by the British Sign Language Interpreter at such a meeting shall be paid as working time.
12.4 Preparatory materials shall include such items as:
programs, agendas, Minutes, reports;
briefing papers, speakers notes, motions;
maps, photographs, diagrams and other visual materials;
slides or other materials which will be read out or referred to by participants in the course of an assignment;
Lyrics, scripts, copies of any videos or scripts of films to be shown or any other performance materials shall be supplied to the British Sign Language Interpreter by Kwintessential Ltd not less than 24 hours in advance.
12.5 The British Sign Language Interpreter outside the context of the assignment shall not disclose information contained within preparatory materials. The British Sign Language Interpreter shall be responsible for their safekeeping and immediate return to Kwintessential Ltd at the end of the assignment.
12.6 British Sign Language Interpreter’s are required to protect any information that is confidential to Kwintessential Ltd’s Clients. This obligation continues after any assignment with Kwintessential Ltd has ended. As such, information should be destroyed in a manner acceptable under current Data Protection legislation immediately as soon as use of the information is no longer necessary.
13. Working Conditions
13.1 For British Sign Language to English interpretation, Kwintessential Ltd is to ensure that their Client’s are fully aware of the need to place speakers in an area which is well lit and in clear sight of the British Sign Language Interpreter or made visible by means of an image providing a clear and detailed view of the speaker’s face and body movements sufficient for the British Sign Language Interpreter’s requirements. This may require the provision of audio/visual equipment, which shall include a microphone and television monitor, for the sole use of the British Sign Language Interpreter.
13.2 For English to British Sign Language interpretation Kwintessential Ltd is to ensure that the British Sign Language Interpreter is positioned so that they are sufficiently near to the speaker to be able to hear and can be clearly seen by the service users. This may require the provision of additional lighting and audio equipment in the form of a ‘fold-back’ speaker, for the sole use of the British Sign Language Interpreter.
If this is not possible, Kwintessential Ltd shall ensure that their Client clearly conveys the speaker’s voice or film/video sound track directly to the British Sign Language Interpreter without interfering noise.
14. Recordings
14.1 No record of a British Sign Language Interpreter’s work shall be made without the British Sign Language Interpreter’s prior consent, except where such recording is inherent within legal proceedings. Recordings, which are intended for broadcast or publication, may incur an additional fee.
15. Complaints and Disputes
15.1 Any complaint or dispute in connection with interpreting work carried out shall be notified to the British Sign Language Interpreter by Kwintessential Ltd (or vice-versa) not later than one month from the final day of an assignment.
15.2 If the parties are unable to agree, the matter may be referred to the Chair of the Standards Panel of the Association of Sign Language Interpreters where applicable, or alternatively to the Managing Director of Kwintessential Ltd. If possible, such referral should be made no later than six weeks from the date on which the original complaint was made.
15.3 If a dispute cannot be resolved amicably between the parties, or if either party refuses to accept the decision of the Standards Panel or the Managing Director of Kwintessential (where applicable), the parties shall be subject to the jurisdiction of the Courts of England and Wales.
15.4 In any event these Terms and Conditions shall be construed in accordance with English law.
16. Responsibility and Liability
16.1 The communication service shall be carried out by the British Sign Language Interpreter using reasonable skill and care and in accordance with the provisions and spirit of the Chair of the Standards Panel of the Association of Sign Language Interpreters.
16.2 The British Sign Language Interpreter shall use his or her best endeavours to deliver the services for which they have been assigned to the best of their ability, knowledge and belief.
16.3 No guarantee can be given as to the absolute accuracy of any interpretation.
16.4 In the event of a dispute or complaint about the work, the liability of the British Sign Language Interpreter shall be limited to the value invoiced by the LSP.
16.5 Consequential damages and liability are expressly excluded.
17. Unfair Competition
17.1 Where Kwintessential Ltd acts as an intermediary and introduces the British Sign Language Interpreter to a third party by way of business, the British Sign Language Interpreter shall not, for a period of 12 months, approach the said third party for the purpose of soliciting work, nor work for the third party in any capacity whatsoever, without Kwintessential Ltd’s written consent.
However, this shall not apply where
the third party has had previous dealings with the British Sign Language Interpreter;
Kwintessential Ltd has failed to pay the British Sign Language Interpreter;
the approach to the third party arises as the result of broad-band advertising
17.2 Individuals found to be circumventing the agency relationship in this manner will be removed from the Kwintessential British Sign Language Interpreter database with immediate effect and any pay outstanding may be withheld.
18. Applicability and Integrity
18.1 These Terms and Conditions of Business shall be construed jointly with the Association of Sign Language British Sign Language Interpreter s Code of Professional Conduct in order to be complete and effective.
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