For the purpose of these Terms and Conditions “the Company”, “we”, “our” or “us” refers to Language Connect International Ltd (company no. 7364250 whose registered office is at 64 Southwark Bridge Road, London SE1 0AS) and “Client” or “you” represents the company, firm, body, organisation, or person contracting Language Connect to undertake service(s) on its behalf.
“Services” means interpreting and voice over services performed by us for you.
“Order” means a confirmed request by you for our Services.
“Linguist” shall mean any interpreter, voice over artiste or any other skilled language professional supplied by Language Connect to fulfil our provision of Services.
“Location” shall mean any specific location, venue or room in which Language Connect has quoted to supply equipment or linguists.
“Event” shall mean any event, assignment, recording session or other occasion for which
“Data Protection Legislation” means the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the GDPR and any other directly applicable European Union regulation relating to privacy.
“GDPR” means General Data Protection Regulation ((EU) 2016/679).
“UK Data Protection Legislation” means any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation.
Language Connect has quoted to supply equipment or linguists.
“In writing” shall mean via written communication delivered by post, fax or email.
1.1 By accepting or requesting any services or using information from Language Connect you accept and are deemed to accept these Terms and Conditions of Service, which apply to all dealings between us relating to the business described in the terms and override any terms proposed by you unless we have agreed such terms in writing as specified herein.
1.2 A quotation issued by Language Connect does not guarantee that Language Connect will have equipment or linguists available on the dates specified unless or until an order has been confirmed by the Client in writing and accepted by Language Connect. The quoted price shall be binding for a period of 30 calendar days. However additional services, e.g. set-up arrangements which require Language Connect’s personnel to work between 21.00 and 06.30 hours, changes or additions to the system being hired by the Client, changes to the Location or addition of a new Location and any other services not specified in the quotation may be subject to price increases.
Our standard terms of payment shall be:
2.1 Interpreting and voice over Services. The total invoice fee will be due from the Client within 14 days of the invoice date.
2.2 Late Payment. Language Connect reserves the right to charge interest on overdue accounts at the rate of 2% per month calculated on a daily basis from the due date of payment. Where the Client is in arrears with any due payments, Language Connect retains the right not to supply any further services notwithstanding any other agreements or contracts in force.
3. CANCELLATION CHARGES
3.1 Equipment Hire and Installation. In the event that the Client wishes to cancel or postpone an Order to hire or install equipment the following charges shall apply:- More than 1 week but less than 3 weeks before the date of the Event, 50% of the quoted fee. Less than 1 week before the date of the Event, 75% of the quoted fee. Less than 24 hours before the start of the Event, 100% of the quoted fee.
3.2 Interpreters or Voice over artistes. 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 before the start of the Event.
If the Client wishes to cancel an order for Services charged on a daily basis, the full fee specified in the quotation shall be payable when the cancellation is made less than 72 hours during working days before the start of the Event.
3.3 Any decision to waive all or part of the above cancellation fees shall be at the sole discretion of Language Connect.
4.1 At all Events including those where a Language Connect technician is present, the Client shall be responsible for the loss or damage to any equipment supplied. For insurance purposes the value of each receiver is £250, the value of each set of headphones or stethosets is £25, the value of each table microphone is £395 and the value of each radio or Infoport microphone is £1,195 (all excluding VAT) and these will be the amounts invoiced should the equipment not be returned within 10 days of the end of the Event.
4.2 Language Connect shall have no liability to the Client for any consequential or indirect loss or damage including loss of profits arising out of or in connection with the provision of any goods or services pursuant to this contract or arising out of any accident or damage, howsoever caused.
4.3 Language Connect’s liability for loss or damage arising out of a breach of this contract shall not in any case exceed the value of that contract.
4.4 Where Language Connect is responsible for facilitating the transportation of equipment to and from the site of an Event, we shall be responsible for any losses or damages to the equipment occurring during transit.
4.5 In the case of a material error or omission in work undertaken by the Company, we will, at our choice, either correct, re-record or re-provide any materials or resources or compensate the Client for the cost of any additional recording or provision up to the amount of our fee, in respect of that work, provided that such fee has been paid in accordance with the Company’s terms of business and provided the work has been used by the Client for the purpose indicated on the order. Any correction work or re-recording will be solely undertaken by us and the Client must refer questions of material error or omission to us within 10 working days of the delivery or assignment date.
5.1 We require a full brief from you prior to an Event which should include a complete set of documents (programme, agenda, script, minutes of previous meetings, reports, abstracts, speeches, etc) where available in each of the working languages as far in advance of the Event as possible, and in any case not later than 7 days before the date of the Event. It is your responsibility to produce this documentation and if it is not produced in good time, we and/or our linguists can accept no responsibility for the quality of the Services supplied. No complaints about the quality of interpreting or voicing will be acknowledged if these materials are not made available in advance of the assignment. You warrant that all documentation and information supplied by you to us will not cause Language Connect to breach the laws of any country.
5.2 In the event of sickness or injury or absence of a Linguist 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.
5.3 Unless otherwise specified in our quotation, interpreters’ fees cover work between 09.00 and 18.00 with short breaks in the morning and afternoon, and a break of at least one hour for lunch.
Work done at any other times or under any other conditions may be subject to extra fees, and must be agreed with us either in advance or at the time of the Event or with our personnel on site.
6. ASSIGNMENT LOCATION
Unless otherwise agreed in writing, it is your responsibility to ensure that:
(i) Access to the Location is made available to Language Connect in sufficient time to enable installation and testing of the equipment to take place.
(ii) The Location is properly set out for the installation of our equipment, with any platforms or tables in position.
(iii) All equipment, once installed, may remain in place and that, for the period of hire, the Location will not be required for purposes (e.g. dinners, dances, receptions, etc) which would entail the equipment being dismantled and reinstalled.
(iv) Precautions will be taken by the Client to ensure the security of the Location and of Language Connect’s equipment whilst there.
(v) Adequate time is made available at the conclusion of the proceedings for dismantling and removal of the equipment.
7. FORCE MAJEURE
Language Connect shall not be held liable to the Client if fulfillment of its obligations under the contract is prevented or hindered by force majeure. For the purposes of this condition, force majeure shall mean any circumstance beyond the control of Language Connect.
8. DEFAULT OR BREACH
Without prejudice to Language Connect’s rights to arrears of charges due under this contract or for other sums due or for damages for breach of this contract, Language Connect may cancel the Order on the occurrence of any of the following circumstances:
(i) If the Client shall be in breach of any of the Terms and Conditions herein.
(ii) If the Client shall do or cause to be done anything which may prejudice or endanger our property rights in hired equipment.
(iii) If the Client shall have a bankruptcy order made against them.
(iv) If the Client shall be liquidated or have a petition for winding up presented against them or pass a resolution for voluntary winding up.
(v) If the Client shall have a receiver or administrative receiver appointed.
(vi) If the Client shall convene a meeting of creditors or make a deed of assignment or otherwise compound with its creditors.
(vii) If any steps be taken to levy a distress or execution or if a distress or execution shall be threatened to be levied against any of the chattels of or in possession of the Client.
(viii) If the Client shall abandon the equipment; whereupon our consent to the Client’s possession of the equipment shall be determined immediately and we may take possession of the equipment wherever it may be and for this purpose we are licensed to enter into and upon any premises occupied by or under the control of the Client, any receiver or administrative receiver appointed in connection with the Client’s affairs or any creditor of the Client. The consequences of any such default or breach shall be that the Client shall be liable for any costs and expenses incurred by Language Connect in locating, repossessing, recovering or restoring the equipment or any other payments due under these Terms and Conditions.
Please advise us beforehand should you require a recording which includes interpretation as this may be subject to a normal copyright waiver fee and would need to be agreed in advance.
These Terms and Conditions shall be deemed to be incorporated into all contracts made by Language Connect and all applicable work undertaken by Language Connect shall be deemed to be carried out pursuant to a contract incorporating these Terms and Conditions of Service. Each provision of these conditions is to be construed as a separate provision applying and taking precedence even if for any reason one or another of the said provisions is held inapplicable or unreasonable in any circumstances.
11. DATA PROTECTION AND DATA PROCESSING
11.1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 15 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation. In this Clause 11, Applicable Laws means (for so long as and to the extent that they apply to the Company) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
11.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and the Company is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
11.3 Without prejudice to the generality of Clause 11.1, the Client will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to the Client for the duration and purposes of these Terms and Conditions.
11.4 Without prejudice to the generality of Clause 11.1, the Company shall, in relation to any Personal Data processed in connection with the performance by the Company of its obligations under these Terms and Conditions:
(a) process that Personal Data only on the written instructions of the Client unless the Company is required by Applicable Laws to otherwise process that Personal Data. Where the Company is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Company shall promptly notify the Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Company from so notifying the Client;
(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Client, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
(d) only transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Client has been obtained where the following conditions are fulfilled:
i. the Client or the Company has provided appropriate safeguards in relation to the transfer;
ii. the Data Subject (as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies;
iii. the Company complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
iv. the Company complies with reasonable instructions notified to it in advance by the Client with respect to the processing of the Personal Data;
(e) assist the Client, at the Client’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify the Client without undue delay on becoming aware of a Personal Data breach;
(g) at the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(h) maintain complete and accurate records and information to demonstrate its compliance with this Clause 11.
11.5 The Client consents to the Company appointing freelance linguists and interpreters as a third-party processor of Personal Data under the Contract. The Company confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this Clause 11. As between the Client and the Company, the Company shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this Clause 11.5
11.6 Either party may, at any time on not less than 30 days’ notice, revise this Clause 11 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to these Terms and Conditions).
The contract shall be governed and construed in accordance with English law and shall be subject to the jurisdiction of the English courts.
These Terms and Conditions are subject to change without prior written notice. This version was published on 4th June 2018.