Translator's Terms of Responsibility
This is to confirm that I am an independent contractor and will act as such for all services rendered to me by The Company. I understand that I am NOT an employee of The Company:
I am responsible for all the products and services provided by me, or the firm I represent.
The Company will NOT withhold any taxes from my fees but The Company will report my gross fees as required by Central, State and Local law. Therefore, I am responsible for all applicable taxes on my gross fees.
The Company may terminate the use of my service at any time without cause and without further obligation, except for the payment of due fees for services rendered by me prior to the date of termination.
I will NOT be covered under any of The Company's insurance policies (including/but not limited to: Disability, Workers' Compensation, Sick Pay, Holiday Entitlement, Unemployment, etc.).
By providing services to The Company, I am not violating any agreement between myself and another third party
After I have accepted the work, I will not re-discuss payment terms or rate, nor will I demand from The Company any advance other than agreed before.
I understand that WeRtranslations will process payments electronically via Paypal or Bank transfers 30 days after the end of the month when the work was delivered. If the Company's cients pay within 15 days, the Company will endeavour to pay translators earlier, on the closest payrun before the 30 days.
It is my responsibility to arrange a Paypal or bank account and provide WeRtranslations with correct payment details. I also understand and agree that I am responsible for paying any International transfer fees that I may incurr from my bank.
I will notify The Company immediately if my contact details (including postal, home or mobile telephone and e-mail) change.
Terms of Services
You agree to provide services in accordance with The Company's specifications, to complete all assignments previously accepted by me and to have my work reviewed by The Company and/or an independent third party.
You understand that by accepting any translation project from WeRtranslations, you will take all possible steps to ensure that the translated work is returned within the agreed submission deadline. In case you do not submit the translated work on time, The Company has full right to reduce any agreed payment according to the level of the damadge caused to The Compay and the client relationshipas a result of such delay. This could be 5% per working day of delay, or up to a maximum of 100% in case the client decides not to pay for the work as a result of it not being delivered on the agreed deadline. If you am aware that you will be unable to submit the translated work on time, you will inform The Company in writing immediately.
If it is determined that you have returned sub-standard or incomplete work, The Company has the right to withhold and/reduce payment according to the level of inaccuracy without any prior notice. If there is evidence that the quality of the translated work is below standard The Company has the right to terminate the use of my services with immediate effect. The Company will endeavour, where possible to provide feedback of such evidence as a cortesy.
You understand that by not providing an update of your work to the Company in due time in response to such requests, you might be putting the service at risk and as such, the Company has the right to seek another provider to fulfill the obligation you agreed to deliver on. That being the case, the Company will make reasonable attempts to contact you in writing and by phone to get an update and inform you of such intention. If failing to hear from you upon such attempts, the company has the right to proceed with contracting another provider for the service and any agreed payment with you will (for this specific service) will be rendered void.
You will submit all undertaken work - fully completed, at the time specified by The Company on the agreed completion day via email, or CRM as specified by The Company.
You are responsible for any loss of work due to my negligence, power failure, computer virus, theft or loss of my computer or any other technical cause.
In the event that any documents and/or all other types of materials prepared by me in the performance of my services for The Company, include material subject to copyright protection - such materials have been specially commissioned by The Company and they shall be deemed "work for hire". To the extent that any such materials do not qualify as "work for hire" under applicable law, and to the extent they include elements which are subject to copyright, patent, trade secret, or other proprietary rights protection, I hereby assign to The Company all right, title, and interest in and to all such materials. To the extent that I have any rights in the same, I hereby waive all enforcement of such rights.
Non-Solicitation of Customers, Customer Prospects, and Vendors
You covenant and agree that whilst rendering your services to the Company and for 6 months after the termination thereof, regardless of the reason for the termination of services, you will not, directly or indirectly, solicit or attempt to solicit any business from any of the Company’s Customers, Customer Prospects, or Vendors with whom you had Material Contact during the time you were rendering services to the Company.
You understand that initiating or engaging in any discussions or communication with clients of The Company is a breach of The Company's policy, whether that is for clarification on the content you are translating, fees, payments, deadlines, or any other type of communication. By seeking to communicate with the Company's clients you understand that you are liable for any loss of business that might result from my attempts. If a client of The comapny initiates such a discussion, you will explain that you cannot discuss this with them and you will refer them to The Company. You understand that any poaching of clients will result in civil action, and the immediate cancellation of the use of services with The Company.
Duty of Confidentiality
You covenant and agree that whilst rendering services to the Company and for a period of 1 year following the termination of such services for any reason, you shall not directly or indirectly divulge or make use of any Confidential Information outside of the services you provide to the Comapny (so long as the information remains confidential). You shall not directly or indirectly misappropriate, divulge, or make use of Trade Secrets for an indefinite period of time, so long as the information remains a Trade Secret as defined by the GTSA and/or any other applicable law. You further agree that if you are questioned about information subject to this agreement by anyone not authorized to receive such information, you will notify the Company within 24 hours. You acknowledge that applicable law may impose longer duties of nondisclosure, especially for Trade Secrets, and that such longer periods are not shortened by this Agreement.
The Company considers confidentiality as an essential requirement in all aspects of its operations. You will not discuss the rates which you receive for services rendered with representatives from any organization other than The Company.
You understand that you will be exposed and have access in the course of my services, to sensitive and confidential matters. You agree to maintain strict confidentiality over all documents and materials which come to my attention through the course of my association with The Company either directly or indirectly. You agree that you shall not, during or at any time following the execution of this Agreement, use or disclose in any manner any confidential information forwarded to me by The Company.
You agree that all information forwarded to me by The Company is the property of The Company and that it is against The Company's policy and a violation of this agreement to attempt to contact directly any client, to whom you were referred by The Company, without prior written consent from The Company's management.
“Confidential Information” means information about the Company and its Customers, Customer Prospects, and/or Vendors that is not generally known outside of the Company, which you will learn of in connection with the Company. Confidential Information may include, without limitation: (1) the terms of this Agreement, except as necessary to inform a subsequent employer of the restrictive covenants contained herein and/or your attorney, spouse, or professional tax advisor only on the condition that any subsequent disclosure by any such person shall be considered a disclosure by you and a violation of this Agreement; (2) the Company’s business policies, finances, and business plans; (3) sales information relating to the Company’s product roll-outs; (4) customized software, marketing tools, and/or supplies that you will be provided access to by the Company and/or will create; (5) the identity of the Company’s Customers, Customer Prospects, and/or Vendors (including names, addresses, and telephone numbers of Customers, Customer Prospects, and/or Vendors); (6) any list(s) of the Company’s Customers, Customer Prospects, and/or Vendors; (7) the account terms and pricing upon which the Company obtains products and services from its Vendors; (8) the account terms and pricing of sales contracts between the Company and its Customers; (9) the proposed account terms and pricing of sales contracts between the Company and its Customer Prospects; (10) the names and addresses of the Company’s employees and other business contacts of the Company.
In the event of a dispute, this contract shall be governed by, enforced and construed in accordance with the laws of England and Wales. Both parties agree to submit to binding arbitration in England and Wales. Legal costs shall be paid as determined by the arbitrator.
1. This contract will remain in effect for 1 years after I last perform a service for The Company.
The Company is under no obligation to offer me particular projects or assignments, and I am under no obligation to accept particular projects or assignments.
This contract may only be modified in writing.
"This contract will be in full effect from the date it is signed,
and/or when I accept it by filling in the Agreement Form forwarded to me by The Company at the time of The Company's offer and submitting it by email to The Company
and/or when I check the box on The Company's website during the registration process."
Consent to Agreement
By completing and submitting to The Company the Acceptance Form forwarded to me by The Company at the time of their offer, I consent that I fully understand the provisions and consequences of this agreement and that I agree and will abide by the Terms and Conditions contained in this agreement.
The Company: WERTRANSLATIONS LTD
Head Office: 02 Marine Drive
UK Company No: SC562734