Terms and Conditions Interpreting & Voiceover Services

Terms and Conditions Interpreting & Voiceover Services
Definitions:
For the purpose of these Terms and Conditions “the Company”, “Language Connect”, “we”, “our” or “us” refers to Language Connect International Ltd (company no. 7364250 whose registered office is at 5th Floor Voyager House Chicago Avenue, Manchester Airport, Manchester, England, M90 3DQ) 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 Language Connect has quoted to supply equipment or linguists.
                  “In writing” shall mean via written communication delivered by post, fax or email.

1. CONTRACT
                  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, 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.

2. PAYMENT
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. LIABILITY
                  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 Notwithstanding anything to the contrary in these Terms and Conditions or any Order, and to the maximum extent permitted by law, Language Connect shall have no liability to the Client for any: (i) loss of profit; (ii) loss of business; (iii) loss of revenue; or (iv) indirect or consequential loss; arising under or in connection with these Terms and Conditions, the Services and all Orders.
                  4.3 Subject to clause 4.2 and to the maximum extent permitted by law, Language Connect’s total aggregate liability in contract, tort (including negligence) or otherwise, however arising, under or in connection with these Terms and Conditions, the Services and all Orders, shall not exceed the price paid by the Client to the Company for the Services in the 12 months immediately prior to the liability arising.
                  4.4 Where Language Connect is responsible for facilitating the transportation of our 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 Subject to clauses 4.2 and 4.3, in the case of a material error or omission in work undertaken by the Company, we may re-record or re-provide any materials or resources in respect of that work, provided that the Client has complied with its obligations under these Terms and Conditions and all Orders. 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. LINGUISTS
                  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 fulfilment 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 (including without limitation, its right 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 and cease to provide any Services immediately without any liability to the Client 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.

9. RECORDING
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.

10. CONDITIONS
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. Each provision of these Terms and 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. JURISDICTION
The contract shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
These Terms and Conditions are subject to change without prior written notice.