Terms of reference
Terms of reference: The Company – refers to PoliLingua Ltd.
I. Employment Status
1. 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.
2. I am responsible for all the products and services provided by me, or the firm I represent.
3. 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.
4. I possess all applicable stationary, equipment, and other requirements for functioning in this capacity.
5. 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.)
6. 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.
7. By providing services to The Company, I am not violating any agreement between myself and another third party.
8. 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.
9. I understand that PoliLingua will process payments by Cheque or electronically via Paypal or Moneybookers. It is my responsibility to provide The Company with correct payment details.
10. I will notify The Company immediately if my contact details (including postal, home or mobile telephone, bank account and e-mail) change.
II. Services & Grievance policy
1. I 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.
2. I understand that by accepting the present translation project, I will take all the possible steps to ensure that the translated work is returned within the agreed submission deadline. In case I do not submit the translated work on time, The Company has full right to reduce any agreed payment of 5% per working day of delay up to a maximum of 100%. If I am aware that I will be unable to submit the translated work on time, I will inform The Company in writing immediately.
3. I understand that only under extreme circumstances and by previous written agreement with The Company, deadlines can be extended.
4. If it is determined that I 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 contract with me.
5. I understand that during an assignment I shall report to a representative of The Company and provide summaries of my services upon request.
6. I will submit all undertaken work – fully completed, at the time specified by The Company on the agreed completion day via email to a representative of The Company.
7. When working on a computer, I will keep a hard copy on separate computers, CDs or flash drives to avoid any loss of work done. I will also retain one soft copy of my completed work for up to 15 days after the date of submission. I am 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.
8. In the event The Company authorises me to liaise with the client for clarification purposes I will not initiate or engage any discussion of fees, payments or salaries with the client. If the client initiates such a discussion, I will explain that I cannot discuss this with them and I will refer them to The Company. I understand that any poaching of clients will result in civil action, and the immediate cancellation of the contract with The Company.
III. Confidentiality and Ownership of Information
1. The Company considers confidentiality as an essential requirement in all aspects of its operations. I will not discuss the rates which I receive for services rendered with representatives from any organization other than The Company.
2. I understand that I will be exposed and have access in the course of my services, to sensitive and confidential matters. I 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. I agree that I 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.
3. I 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 I was referred by The Company, without prior written consent from The Company's management.
4. I agree not to induce or attempt to influence, directly or indirectly, any employee and or contractor working for The Company to terminate his/her employment or association with The Company.
5. 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.
6. I understand that violation of this confidentiality agreement will result in disciplinary action which may include legal ramifications. If at any time I witness an employee or another contractor discussing confidential material, I will report the matter to a manager or director at The Company.
1. In the event of a dispute, this contract shall be governed by, enforced and construed in accordance with the laws of USA. Both parties agree to submit to binding arbitration. Legal costs shall be paid as determined by the arbitrator.
2. This contract will remain in effect for 2 years after I last perform a service for The Company.
3. 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.
4. This contract may only be modified in writing.
5. This contract will be in full effect from the date when I submit my Resume and other information 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: PoliLingua Ltd.
PO Box 470981, Broadview Hts, Ohio 44147-0981, USA