Introduction: These are the Terms and Conditions for Tamlyn Schafer, Freelance New Zealand Sign Language Interpreter.* All bookings confirmed verbally, by email or in writing will be subject to these terms and conditions and will be assumed as accepted by all parties, unless otherwise informed by email or in writing that a variant of these terms and conditions is to be negotiated.
Attention is drawn to the cancellation notice periods under point 5. (This refers to any fees which may be owed as result of cancelling an assignment once it is confirmed.)
a. The services provided by the Interpreter shall comprise the interpreting services agreed by email at the time when an assignment is accepted and/or those specified in these Terms and Conditions.
b. In the event that no Deaf sign language users are present for the assignment, the contract will be considered fulfilled, and the Interpreter shall not be obligated to continue with the interpretation unless it has been expressly agreed in writing that they will do so.
c. Where an Interpreter’s services have been contracted for in accordance with either of the means specified above, the Client shall be wholly liable for:
d. Where an assignment requires continuous interpreting for any period of more than one hour, a minimum of two Interpreters of equal skill and registration status shall be engaged to provide the interpreting service.
e. If the Interpreter has agreed to work alone, they shall be given adequate opportunity for breaks, ideally 10 minutes every 25 to 30 minutes. No demands shall be made on the Interpreter during rest periods or breaks.
f. If, in the course of an interpreting assignment, it is found that interpreting services will be required for an additional period after the period of work for which the Interpreter was initially contracted, the Interpreter may be invited, but not compelled, to: continue for a further agreed period on that same day, for an additional fee which will be advised at the time of the extension.
a. All assignments shall be confirmed by a written contract between the Client and the Interpreter, which shall include these Terms and Conditions and any variants explicitly agreed. A written agreement can be made via email.
b. If an interpreter is commissioned for an assignment and there is no time to enter into a written contract, the assignment shall be entered into on the basis of an oral contract only and these Terms of and Conditions shall be deemed to apply.
c. The Interpreter should be given the name of the parties involved in the interpretation at the time of booking (or as soon as possible afterwards) to avoid, or enable mitigation against, any conflicts of interest.
d. The Interpreter should be given the details of the assignment at the time of booking to enable them to evaluate their suitability and ability to meet the requirements of the booking. (SLIANZ Code of Conduct - “Interpreters only undertake work they can reasonably expect to perform competently and for which they are professionally qualified through training and credentials.”)
a. Quotations shall be confirmed by email outlining full costs (interpreting fee, travel, any other applicable costs) or expressed as an inclusive amount which are payable by the client.
b. All fees are to be paid in full no later than 14 days following receipt of the invoice.
c. Unpaid invoices will incur a late payment fee of $25.00 for every day that the invoice is late. This is to cover administration costs.
d. Fees shall be charged at a minimum of $190. Where the Interpreter has been invited to continue for a further period in extension of the initial contract, the interpreter will charge an hourly rate.
e. For assignments between the hours of 5pm and 8am or at weekends and public holidays, there will be a higher rate. This shall be agreed between the Interpreter and the Client in advance.
f. Where travel to and from the Interpreter’s normal place of residence to an assignment is longer than an hour return, travel time will be charged.
g. Where travel to and from the Interpreters normal place of residence to an assignment is further than 30km return, each km thereafter will be charged at the IRD reimbursement rate.
h. Charges for remote working will remain the same as face-to-face work.
a. Arrangements for travel and accommodation shall be the responsibility of either the Client or the Interpreter, as agreed before acceptance.
b. Travel arrangements shall ensure that the Interpreter arrives an agreed time before the start of the assignment and does not have to leave prematurely.
c. Where travel arrangements are made by the Client, these shall be such as to ensure that the Interpreter arrives sufficiently rested to fulfil the assignment to the expected standard.
d. Where the travel arrangements are made by the Interpreter, they shall seek to obtain travel and accommodation at a reasonable cost compatible with satisfactory performance of the assignment. Any expenditure incurred shall be reimbursed to the Interpreter within 14 days following receipt of the invoice.
e. If any such arrangements made by the Interpreter have to be varied or cancelled, any reimbursed sums recovered by the Interpreter shall be immediately repaid to the Client.
a. If an accepted assignment is curtailed or cancelled either wholly or in part, or performance of the assignment is frustrated for reasons, which the Client or the Client’s principal are responsible, the Client shall be liable for payment of a cancellation fee.
b. If a client does not attend within 30 mins of the booking time and no contact is made then the interpreter will regard the booking as cancelled and the full fee will be expected.
c. Any expenditure incurred as agreed in the contract and any additional expenditure incurred as a result of the cancellation shall also be reimbursed.
d. 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:
a. The Interpreter undertakes to notify the Client at the earliest possible opportunity if they are prevented from undertaking an assignment or if performance is frustrated by unavoidable circumstances. In such circumstances the Interpreter shall endeavor to find a suitable substitute, and this shall discharge the Interpreter from any further liability.
a. The Client shall provide the Interpreter with relevant information and preparatory materials, preferably two weeks in advance of an assignment in order to ensure provision of a quality service (as per Code of Conduct).
b. Preparatory materials shall include such items as:
a. For NZSL to English interpretation, the Client is to ensure that speakers are well lit and in clear sight of the 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 Interpreter’s requirements.
b. For English to NZSL interpretation the Client is to ensure that the Interpreter is positioned so that they are sufficiently near to the speaker to be able to hear and see the speaker and can be clearly seen by consumers of the service.
c. The interpreter will be given safety information as soon as possible and appropriate PPE provided if necessary. If standards do not meet the appropriate standards the interpreter reserves the right to withdraw from the booking and the client will be charged.
a. No record of an Interpreter’s work shall be made without the Interpreter’s prior consent when offered the assignment, except where such recording is inherent within legal proceedings.
b. Recordings, which are intended for streaming (live or pre-recorded), sharing internally or external, broadcast or publication, may incur an additional fee.
c. Recordings for internal use may be consented to, without altering the agreed contract, if they are made for reference purposes, in the same way meeting minutes are produced. Recordings made without the Interpreters explicit consent will be deemed a breach of contract and of copyright.
a. Any complaint or dispute in connection with interpreting work carried out shall be notified to the Interpreter by the Client (or vice-versa) not later than 5 working days after the final day of an assignment in writing.
a. The interpreting task shall be carried out by the Interpreter using reasonable skill and care.
b. The Interpreter shall interpret to the best of his or her ability, knowledge and belief.
c. No guarantee can be given as to the absolute accuracy of any interpretation.
d. In the event of a dispute or complaint about the standards of the interpreter, their liability shall be limited to the value invoiced by the Interpreter.
e. Consequential damages and liability are expressly excluded.
a. Where the Client acts as an intermediary and introduces the Interpreter to a third party by way of business, the Interpreter shall not, for a period of 6 months, approach the said third party for the purpose of soliciting work, nor work for the third party in any interpreting capacity, without the Client’s written consent.
b. However, this shall not apply where: the third party has had previous dealings with the Interpreter, the Interpreter acts on the basis of information in the public domain, the Client has failed to pay the Interpreter, the approach from the third party is independent of the relationship with the intermediary, the approach to the third party arises as the result of broad-band advertising, or the third party is seeking interpreters on the open market.
Interpreter shall mean the person who performs the act of interpreting spoken, written, or signed communication into another language.
Speaker shall mean the person making the original spoken or signed communication.
Client shall mean the party or intermediary engaging the services of the Interpreter and having responsibility for his/her remuneration.
Assignment shall mean any period or set of consecutive periods of interpreting for one specific purpose or event.
Circumstances shall mean any circumstances deriving from any cause, which are beyond the control of the Interpreter or the Client.
Code of Conduct shall mean the SLIANZ Code of Ethics and Conduct and the professional conduct of the Interpreter(s) shall be expected to be in accordance with this Code of Conduct.
The End.
