Terms and Conditions

Terms and Conditions of the NGTV for Interpretation Services

 

Definitions

 

​These Terms and Conditions use the following definitions:

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Interpreter : a member of the NGTV, as well as all natural and legal entities they may use to complete an assignment and fulfill a contract;

Client: the party that enters into a contract with the interpreter;

Contract (for the assignment): the agreement that interpreter and client sign regarding the interpretation services;

Fee : the financial compensation (expenses excluded) that interpreter and client agree upon in exchange for the interpretation services; and 

Expenses: the costs the interpreter makes  in order to execute the assignment and contract, including costs for third parties the interpreter may contract. 

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Article 1 – Scope

 

1.1    All offers are made subject to the applicability of these general Terms and Conditions, which means all offers, both to the offer and its acceptance and to the contract thus concluded.

1.2    All offers are valid for one month, unless otherwise stated in the offer itself. 

1.3    Should the interpreter not have been in a position to truly glean what services and correlating preparations the client required, it is her right to amend prices and deadlines. 

1.4    The contract is established at the moment the client’s written acceptance of the offer reaches the interpreter; this written acceptance states that the client agrees with the applicability of the Terms and Conditions and that he, if necessary, declares his terms and conditions inapplicable to the contract. 

1.5    These Terms and Conditions apply to all assignments and possible follow-up assignments and contracts between the interpreter and the client.  

1.6    In case the client’s acceptance of the offer includes amendments to the original offer, the contract is not established as stated in 1.4 but rather comes into effect as soon as the interpreter agrees to the amendments in written form. 

1.7    The NGTV has the right to amend and update these Terms and Conditions, also the interpreter can declare her own terms and conditions applicable. An amdended and/or updated version of the Terms and Conditions is applicable to any contract established after the amendments are made. The current valid version of these Terms and Conditions is tob e found on www.ngtv.nl. 

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Article 2 – Amendments

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2.1    Amendments of the assignment and deviations from the Terms and Conditions are only valid once both contract parties agree to them in written form. 

2.2    If the client amends the assignment in no small way the interpreter reserves teh right to amend the fees, expenses and any deadlines, as well as the right to cancel the contract fully or in part without any obligation to compensate the client. 

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Article 3 – Termination of Contract

3.1    The client can terminate the contract any time. 

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3.2    If the client terminates the contract after the interpreter starts working on the assignment, the client is obligated to pay the interpreter for services rendered based on the agreed-upon fees, including any preparation and research work. 

 

3.3    If the client terminates the contract before the interpreter starts working on the assignment, the interpreter is entitled to compensation of:

• 75 % of  the agreed-upon fee, in case the termination happens more than two weeks before the assignment is due to commence; or 

• 100%  of the agreed-upon fee, in case the termination happens two weeks or less before the assignment is due to commence. 

 

This compensation is not necessary, if the interpreter can secure a different assignment for the same period of time. 

a. In all cases of contract termination the client is obligated to compensate the interpreter for already made expenses, including non-refundable payments to thrid parties, as well als travel and accomodation costs and expensens made for equipment. 

 

Article 4 – Execution of Assignment

 

4.1    The interpreter shall execute all assignments to the best of her abilities and use all available knowlegde and information in order dor provide the client with the best service possible. 

4.2    Unless explicitly stated otherwise in the contract the interpreter reserves the right to delegate the assignment in part or as a whole to a third party, without decreasing her responsibility and accountability regarding integrity and confidentiality. 

4.3    Where possible, the client shall, upon request or otherwise, provide substantive information on the work to be performed and shall provide information on the circumstances under which the work is to be performed.

4.4    The client shall provide necessary information, such as agenda, reports, presentations, manuscripts and in particular texts to be read, to the interpreter in preparation for the assignment as soon as available.

4.5    The interpreter does not guarantee the accuracy of the data and information provided by the client to the interpreter and is not liable for damages of any kind due to their use.

4.6    The interpreter shall treat all material and information made available by the client as confidential. 

4.7    The interpreter is independent and impartial during the execution of the agreed-upon services. The client may not infringe upon those or give instructions in this regard.

 

Article 5 – Intellectual Poperty of the interpreter

 

5.1    The interpreter shall interpret spoken words orally. 

 

5.2    No recordings – audio, video or otherwise – shall be made of the interpreting services without the explicit consent of the interpreter.

 

5.3    Any use of the interpreter's work for purposes other than those stipulated in the agreement is subject to Dutch intellectual property law and requires the prior consent of the interpreter as well as the payment of a fee to be agreed upon in advance.

 

5.4    The client shall indemnify the interpreter against claims by third parties for alleged infringement of property, patent, copyright or other intellectual property rights, however called, in connection with the performance of the agreement.
 

 

Article 6 – Fees and payment conditions

 

6.1    For the performance of the agreement, the client shall owe the fee plus expenses and turnover tax. The interpreter may charge an advance before the start of and during the work.

6.2    Work may, if the performance of the agreement extends over a period longer than one month, be charged on an interim basis.

 

6.3    For work performed between 8 pm and 7 am , in the weekends or on public holidays, a 50% surcharge will be applied to the fee.

 

6.4    For emergency assignments a surcharge of 50% will be applied to the fee. 

 

6.5    Unless otherwise agreed, invoices must be paid within 14 days of the invoice date at the latest. This is a strict deadline. After expiry of that period, the client shall be in default immediately and without further notice of default, in which case the client shall owe statutory (commercial) interest on the invoice amount from the date of default until the moment of full payment.

 

6.6     If the interpreter proceeds with extrajudicial measures in the event of default by the client, the costs thereof shall be borne by the client. These costs shall be the costs over the principal sum in accordance with the most recent Decree for the reimbursement of extrajudicial collection costs, without prejudice to the interpreter's right to compensation for any legal costs and other damages. 

 

6.7    The client shall not be entitled to set off the amount he owes to the interpreter. Objections to the amount of the invoice do not suspend the payment obligation. 
 

Article 7 – Cancellation of Contract

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7.1    The agreement shall be dissolved without judicial intervention following a written statement at the time when the principal is declared bankrupt, applies for a provisional suspension of payments, or a request of the principal, natural person, is granted by the court to declare the debt rescheduling scheme applicable, or loses the power of disposition of his assets or parts thereof due to attachment, receivership or otherwise, unless the receiver or trustee acknowledges the obligations arising from this agreement as a debt of the estate.

 

7.2    Due to dissolution, mutually existing claims shall become immediately due and payable. The client shall be liable for damages suffered by the interpreter, including loss of profit.

 

Article 8 – Force majeure

 

8.1    In these general terms and conditions, force majeure means, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, which are beyond the interpreter's control, but which prevent the interpreter from fulfilling his obligations under the agreement or its preparation. This includes in any case, but is not limited to: fire, accident, illness, strikes, riots, war, government measures, transport restrictions and terrorist threats.

8.2    During force majeure, the interpreter's obligations shall be suspended. If fulfilment of the interpreter's obligations by the interpreter is not possible due to force majeure, both parties are authorised to dissolve the agreement without any obligation for compensation in that case.

8.3    If the interpreter has already partly fulfilled his obligations when force majeure sets in, or can only partly fulfil his obligations, the client shall owe the fee for this work as well as all out-of-pocket expenses incurred. In such a case, both parties shall be authorised to partially dissolve the agreement, for the unperformed part, without there being any obligation to pay compensation in such a case.

 

8.4    If the circumstances mentioned in Article 8.1 prevent the interpreter from returning home at the end of the agreed date or period, the client shall owe the interpreter the associated additional expenses, such as travel and accommodation costs.

 

Article 9 – Liability and compensation

 

9.1    The interpreter shall only be liable for damages which are the direct and demonstrable result of a shortcoming attributable to the interpreter. The interpreter shall not be liable for consequential damages under any title whatsoever, including in any case trading losses, delay damages and loss of profit. 

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9.2    The interpreter shall not be liable for any damages incurred by the client or third parties as a result of or as a consequence of this agreement or its execution. The client shall indemnify the interpreter against any claims in this respect by third parties, except for intentional or deliberate recklessness on the part of the interpreter. This exclusion and indemnification shall also apply to any third parties involved by the interpreter in this agreement or its execution.

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9.3    In all cases, the interpreter's liability shall be limited to the amount of the declared fee, or at least to the maximum cover provided by the insurance to the interpreter in the case in question, excluding any excess.

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9.4    This shall also apply in case of improper functioning of equipment, software, data files, registers or other items used by the interpreter in the performance of the contract. 

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9.5    The interpreter shall not be liable for damage or loss of documents, information or data carriers made available for the purpose of the contract, except in the case of wilful intent or gross negligence. Nor shall the interpreter be liable for damages arising from the use of information technology and modern means of telecommunication, including the loss of confidentiality as a result of government measures in this respect. 
 

Article 10 – Technical Equipment

 

10.1 The technical equipment should be in accordance with the ISO Standards applicable to simultaneous interpreting, namely: 2603:2016 (permanent equipment), 4043:2016 (mobile equipment), 20108:2017 (quality and transmission of sound and images) and 20109:2016 (technical equipment).

10.2 The interpreter should have a direct view of the speaker(s) and visual aids, such as a projection screen.

 

10.3 All audio equipment and visual aids that may be used in interpreting should be available within direct reach of the interpreter. The interpreter is in no way responsible for the condition, quality or operation of technical facilities.

 

10.4 The interpreter shall assess on site whether the technical facilities function adequately and comply with the ISO Standards mentioned in 13.1. If, based on his assessment, this is not the case, he shall not be obliged to interpret (simultaneously) during the entire period of inadequate functioning.

 

10.5 The client is responsible for providing and collecting mobile technical equipment, such as headphones and microphones. Damage to or loss of all technical equipment is at the client's risk.

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Article 11 – Working conditions

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11.1 The client shall ensure normal and proper conditions under which the interpreting services are to be provided at his or another location. In any case, the client shall ensure that the conditions meet the requirements imposed on them by legislation within the framework of working conditions.

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Article 12 – Dispute Settlement

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12.1 A dispute shall be deemed to exist as soon as one of the parties so declares.

 

12.2 The client shall notify the interpreter in writing of complaints about the interpreter's work within a reasonable time after its performance. Complaints by the client shall not release the latter from his payment obligation.

12.3 If the complaint is not resolved, then the dispute shall be submitted in writing to the Disputes Committee of the NGTV, at the latest within twelve months after submission of the complaint. The dispute may then take place in accordance with the Dispute Rules of the NGTV, which include binding advice.

 

12.4 If the client brings the dispute before the Disputes Committee of the NGTV, the interpreter shall be bound by that choice.
The interpreter, who wishes to submit the dispute to the Dispute Committee of the NGTV, shall give the client a period of five weeks in writing to state in writing that the client so desires, or that the client chooses settlement of the dispute by the court that is competent according to law.

If the interpreter has not received a written choice from the client within five weeks of the request, the interpreter shall be entitled to submit the dispute to the competent court.

 

Article 13 – Applicable law

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13.1 The legal relationship between the client and the interpreter shall be governed by Dutch law.

13.2 A dispute in respect of a specific legal claim must be brought before the Disputes Committee of the NGTV or the competent Dutch court within twelve months after the legal claim arose and became known to the claiming party, without prejudice to the possibility of earlier lapse or prescription in accordance with the law.

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Location
These Terms and Conditions are deposited at the Amsterdam Trade Register (Kamer vam Koophandel) under the number 40516076.
The last version deposited is always legally valid, or the version deposited when the contract was concluded.