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Terms and conditions

Interpreter and Translator Agreement
Between Speak Your Language Pty Ltd
And (Contractor)

Speak Your Language contact details:
Australian Business Number (ABN): 39 133 571 301
Australian Company Number (ACN): 133 571 301
Postal Address: Suite 17, 80 – 82 Bathurst Street
Liverpool NSW 2170
Telephone Number: (02) 8734 3900
Facsimile Number: (02) 8734 3999
Email Address: enquiries@syl.com.au
service@syl.com.au

Company Policy
1. Code of Conduct
1.1 All Speak Your Language interpreters and translators should follow the professional Code of Conduct for interpreters and translators as to the AUSIT Professional Code of Ethics http://ausit.org/AUSIT/About/Ethics___Conduct/Code_of_Ethics/AUSIT/About/Code_of_Ethics.aspx during an assignment at all times.
1.2 The interpreters must also adhere to the client’s policies if applicable at any time.

2. Assignment Conditions
2.1 All assignment details must be recorded in a diary when provided to you over the phone or via email.
2.2 Interpreters must arrive at least 10 minutes prior to their assignment. In case of a late arrival a $10.00 fee may apply when the interpreter arrives within 10 minutes late.
2.3 No payment will be made to the interpreter if they arrive more than 15-20 minutes late to their appointment.
2.4 An assignment may have a special request which should be strictly followed.
2.5 If an assignment is rescheduled outside a 12 hour period payment for the original assignment is not applicable.
2.6 Interpreters must leave adequate time to complete the given assignment in case of any changes and allow sufficient time to continue to their next assignment. If running late it is a simple courtesy call to speak Your Language and inform one of the staff members of the situation.

3. Standard and After hours booking
Standard booking fall within the hours of 8:00am to 6:00pm Monday to Friday. After hours bookings fall outside of these business hours which are 6:00pm to 8:00am Monday to Friday, Weekends (Saturday and Sunday), and Public Holidays.

4. Tribunal and Court bookings
Interpreters must follow the dress code and be punctual and impartial of all assignments for tribunal and court bookings as they are of utmost importance.

5. Cancellation Policy
Advance cancellation, multiple days’ cancellation, 12 hours cancellations policies are adhered in case of cancellation of an assignment.

6. Payment Policy
6.1 The interpreter and/or translator will provide Speak Your Language with a tax invoice either fortnightly or at the end of each month.
6.2 Payments will be made within 14 days with the agreed rates as per the assignment type. Payments will be direct debited into the bank details that the interpreter and translator provide in the General Information above. (NB: Inform change of bank details immediately)
6.3 In case of failure to report change of Bank account details before a pay period, payment may be delayed.
6.4 All fees are GST inclusive, only GST registered interpreters and translators can claim these payments.
6.5 The interpreter and/or translator has the right to agree or disagree with the recommended rates provided by Speak Your Language Pty Ltd.

7. Superannuation
7.1 Superannuation payments will be made quarterly to your nominated superfund on the monthly basis as to the Australian Tax Office requirement.
7.2 It is the interpreters and translators responsibility to provide their superfund details upon request, failure to do so will result in administration fees.

8. Incident Report
The interpreter should report any serious incident occurred during the assignment immediately to one of the staff members at Speak Your Language.

9. Pre- Employment Police Check
Speak Your Language has a commitment to protect and not place at unreasonable risk vulnerable people, clients we work with, the Speak Your Language team and anyone who enters Speak Your Language workplace.

All Speak Your Language staff and contractors must undertake a police check prior to commencement of employment and every 3 years thereafter.

You must also advise Human Resources (HR) if during your employment or engagement with Speak Your Language you are charged with, or convicted of any criminal offence which is or reasonably may be regarded by Speak Your Language as relevant to your position, or to the inherent requirements of your position.

In conducting a police check, Speak Your Language aims to demonstrate due diligence, equity and fairness in its selection and appointment of current and prospective Speak Your Language people.

• Speak Your Language has an account with PRM group to generate police checks on its interpreters and/or translators prior to commencing employment.
The cost of $48.40 will apply to every police check conducted by Speak Your Language which can be paid directly to us prior to employment or can be paid via the first few jobs completed by the interpreter and/or translator.
• If the interpreter and/or translator has completed a police check which is still valid, then a certified copy is presented to Speak Your Language prior to employment.
• If the interpreter and/or translator wishes to have a police check completed independently, a certified copy of the police check completed must be presented to Speak Your Language prior to employment.

10. Working with Children Check
All Speak Your Language staff and interpreters and/or translators must undertake a working with children check prior to commencement of employment and every 5 years thereafter.

A child related worker is responsible for applying for his or her own Working With Children Check. An employer cannot apply on behalf of a worker. Application is a simple, two-step process:

Applicants complete an online form at www.kidsguardian.nsw.gov.au/check .
Once they have submitted the form, they will receive an application number. There is an online tutorial available from the News, training and events section of www.kidsguardian.nsw.gov.au to help applicants to fill in the online form.

Applicants take their application number and proof of their identity to a NSW Motor Registry, Government Access Centre, or Service NSW office. Find a location at www.service.nsw.gov.au/service-centre. Proof of identity for the Working With Children Check is the same as for a NSW photo driver licence. If they are in paid work, they must also pay an $80 fee for a five year clearance.

Once the worker receives a clearance, he or she will be issued with a Working With Children Check number. The worker must provide this number to Speak Your Language, along with their surname and date of birth for online verification.

General Principles and Code of Practice

1. Engagement
1.1 The interpreter and/or translator is engaged by Speak Your Language as an independent contractor and nothing in this Agreement constitutes the interpreter and/or translator as an agent, employee, director or partner of Speak Your Language.
1.2 The interpreter and/or translator will start providing the Services from the date this form has been submitted and shall continue until the interpreter and/or translator satisfactorily completes performance of the Services or unless terminated earlier in accordance with (clause 1.4) below.
1.3 Speak Your Language wishes to engage the interpreter and/or translator to provide translation and interpretation services as set out in Schedule A of this Agreement below.
1.4 During the operation of this Agreement and for a period of 3 months after the termination of this Agreement, the interpreter and/or translator must not, without the prior written agreement of Speak Your Language, provide any services to or for any person or entity who is known to the interpreter or translator through Speak Your Language or which has an interest which is directly or indirectly in competition with the activities of Speak Your Language and the Business.

2. Standards of Conduct
2.1 Interpreters and translators shall be polite and courteous at all times.
2.2 Interpreters and translators shall be unobtrusive, but firm and dignified, at all times.
2.3 It is the interpreters’ responsibility to facilitate the communication between the parties.
2.4 Interpreters shall encourage speakers to address each other directly.
2.5 Interpreters and translators shall explain their role to those unaccustomed to working with them.

3. Conflict of Interest
3.1 Interpreters and translators must not offer to provide services where a conflict exists or is likely to arise in the provision of relevant services
3.2 If, during the performance of an assignment conflict arises, or appears likely to arise, the interpreter and translator must:
a. immediately verbally notify the client and notify Speak Your Language in writing
b. make full written disclosure of all relevant information relating to the conflict; and
c. Take such steps as the client or Speak Your Language may reasonably require resolving or otherwise dealing with the conflict, including ceasing to provide services.

4. Objectivity
4.1 A professional detachment is required for interpreting and translation assignments in all situations.
4.2 If objectivity is threatened, interpreters and translators shall withdraw from the assignment.

5. Accuracy
5.1 Clear Transmission
– Interpreters shall take all reasonable care to be clear and accurate.
– In a law court, simultaneous interpreting for clients shall be whispered.
– A short general conversation with the client prior to an assignment may be necessary to ensure interpreter and client clearly understand each other’s speech.
5.2 Truth
– Interpreters shall interpret word for word during the assignment.
– Interpreters shall convey the whole message, including any vulgar remarks, as well as non-verbal cues.
– Interpreters and translators should not alter, make additions to, or neglect anything from their assigned work.
5.3 Certification
– Translators shall provide certification that their translation is true and accurate. Certification shall include the translator’s name, details of NAATI accreditation/ recognition, language and language direction, and be signed and dated.

6. Reliability
6.1 Interpreters and translators shall undertake appropriate preparations for all translating and interpreting assignments.
6.2 Interpreters and translators shall complete all assignments they have accepted.
6.3 Interpreters and translators shall adhere to appointment times and deadlines, or in emergencies advise Speak Your Language promptly.

7. Infamous Conduct
7.1 Interpreters and translators shall refrain from behavior which their colleagues would reasonably regard as unprofessional.

8. Honesty and Integrity
8.1 Interpreters and translators shall maintain their integrity and independence at all times
8.2 Interpreters and translators shall not allow personal or other interests to prejudice or influence their work.
8.3 Interpreters and translators shall not exercise power or influence over the client.
8.4 Interpreters and translators shall not accept gratuities or other benefits.
8.5 Interpreters and translators shall not accept for personal gain any fees, favors, commissions or the like from any person, firm, corporation or government agency, including another interpreter or translator, in connection with recommending to a client any person, business agency, substance, material matters, process or service.

9. Accountability
9.1 Interpreters and translators in the employment of another interpreting and translating agency shall exercise the same diligence as in all professional contexts in the performance of their duties.

10. Disclosure of Information
Interpreters and translators shall not disclose information acquired during the course of their assignment.
10.1 Interpreters and translators shall not without the prior written consent of Speak Your Language use the company’s name in any advertising or promotional literature or publish any articles relating to Speak Your Language
10.2 Information shared in interpreting and translating assignments is strictly confidential.
10.3 Interpreters and translators must not, without the prior consent of Speak Your Language or the client, as the case may be, disclose any confidential information of Speak Your Language or the client to a third party.
10.4 Disclosure of information may be permissible with clients’ agreement or when disclosure is mandated by law.
10.5 Information gained by interpreters and translators from consultation between clients and their legal representatives is protected under the common law rule of legal professional privilege.
10.6 Translated documents at all times remain the property of the translator and shall not be shown or released to a third party without the express permission of the client, or by order of a court law.
10.7 Interpreters and translators shall not sub-contract work to interpreting and translating colleagues without permission from Speak Your Language.

11. Competence
11.1 Interpreters and translators shall specify their NAATI level and direction in the language for which they are accredited or recognized. Interpreters and translators must provide their NAATI ID card to Speak Your Language prior to employment.
11.2 Interpreters and translators shall only accept work they are competent to perform.
11.3 Interpreters and translators are liable for all assignments they have accepted both verbally and electronically.
11.4 Interpreters and translators shall ascertain beforehand what will be required of them in future assignments and make necessary preparation.
11.5 In the course of an assignment, if it becomes apparent to interpreters and translators that expertise beyond their competence is required, they shall inform Speak Your Language staff members immediately and offer to withdraw from the assignment.

12. Freelancer and NAATI accredited interpreters and translators
12.1 Interpreters and translators shall be responsible for the quality of their work, whether as freelance practitioners or NAATI accredited practitioners.
12.2 Freelancer and NAATI accredited interpreters and translators shall abide by the AUSIT Code of Ethics.
12.3 If the Code of Ethics and an employing agency’s directions are in conflict, interpreters and translators shall abide by the Code of Ethics and, if necessary, withdraw from the assignment.

13. Professional solidarity
Interpreters and translators shall respect their fellow professionals.
13.1 Interpreters and translators shall promote and enhance the integrity of the profession by fostering trust and mutual respect between colleagues.
13.2 Interpreters and translators shall refrain from making comments distressing to the reputation of a colleague.
13.3 Interpreters and translators shall respect each other’s opinion and support other colleagues when needed.

14. Termination of the Agreement
14.1 Speak Your Language may terminate the Contractor’s engagement at any time for any reason (or no reason) by giving the interpreter and/ or translator ten days verbal or written notice.
14.2 Speak Your Language will only be liable to pay the amount for the assignments completed before termination.
14.3 Where there has been a termination, the interpreter and translator will not be entitled to any compensation for loss of prospective profits.
14.4 Where the interpreter and/or translator fail to perform any services according to this agreement, Speak Your Language has the right to terminate the contract.
14.5 Speak Your Language may also, by written notice, terminate this agreement immediately if the interpreter and / or translator:
– commits a material breach of its obligations under this agreement
– is convicted of a criminal offence
– Fails to respond to a contact request by Speak Your Language within a period of six months from the date of such request.
– Fails to attend accepted assignments more than twice and fails to arrive to scheduled appointments on time.

15. Warranties and Indemnification
15.1 The interpreter and/or translator shall perform the Services in accordance with the standards prevailing in the translation and interpretation industry and the interpreter and/or translator shall obtain all permits or permissions required to comply with such laws, rules or regulations.
15.2 The translated and interpreted materials shall be original, clear, and presentable in accordance with generally applicable standards in the translation and interpretation industry.
15.3 The Materials will not contain libelous, injurious, or unlawful materials and will not violate or in any way infringe upon the personal or proprietary rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and non-disclosure rights, or any trademark, copyright, or patent, nor will they contain any format, instruction, or information that is inaccurate or injurious to any person, computer system, or machine
15.4 To the extent permitted by law, the interpreter and/or translator indemnifies and holds the Principal against all expenses, losses, damages, penalties and costs that the Principal may sustain or incur as a direct or indirect result of:
– any breach of this Agreement by the interpreter and/or translator;
– any act or omission (including negligent acts or omissions) of the interpreter and/or translator;
– any claim or demand against the Principal in relation to any tax, levy, registration or insurance by law to be paid by the interpreter and/or translator;
– any claim by, or injury to, the interpreter and/or translator; or
– Any damage to or caused by, material belonging to the Principal which are used by the interpreter and/or translator.

16. Insurance
16.1 The interpreter and/or translator must maintain all necessary statutory workers’ compensation insurance (and otherwise comply with all statutory workers’ compensation requirements).
16.2 The interpreter and/or translator must provide Speak Your Language with evidence of the currency of any insurance it is required to obtain (in accordance with sub clause 16.1 above) on or prior to submitting its first tax invoice to Speak Your Language under this Agreement and otherwise on request by Speak Your Language, so that at all times Speak Your Language holds evidence that all such insurance is current.
16.3 Speak Your Language shall not be liable for injury or death occurring to the interpreter and/or translator or any of its employees or other assistants in the course of performing this Agreement.

17. Terms and conditions updates
Speak your language reserves the rights to make any further amendments to the agreement if required and it’s the contractor sole responsibly to check the updated version by clicking on our terms and conditions.

Terms and Conditions was last modified: June 29th, 2016 by Speak Your Language
Translation & Interpreting Services Sydney, Melbourne, Adelaide, Canberra, Brisbane, Perth.

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