Terms Of Business
Terms of Business (for Translation Work)
These terms of business are issued by Yılmaz Düzen and they form the basis on which he executes translation and related work.
The Chartered Institute of Linguists and the Institute of Translation and Interpreting are world-class professional bodies of qualified linguists. To be admitted to any of their professional grades, members have to undergo stringent admissions criteria and, once admitted, they are governed by a Code of Professional Conduct. Both Institutes will investigate complaints about any alleged breaches of their respective Codes and as a Fellow, I am bound by the obligations they contain. Please note, however, that neither Institute is involved in the contract between the Translator and his Client.
These Terms of Business shall be interpreted in accordance with English law, to which both my client and I agree to submit in the event of any dispute.
In these Terms of Business:
- the Client is the person or corporate body that places a commission:
- the Translator (I/me/my) is the practitioner who accepts the commission;
- the commission is the assignment or work placed with the Translator by the Client and may comprise translation, transcription, subtitling, subbing, revising/editing translations, proofreading or any other similar or associated work;
- the source language is the language from which the text is to be translated;
- the target language is the language into which the text of the commission is to be translated; any text to be revised or edited will also be in the target language;
- for the purpose of translation and related work, requirements shall include the required layout, software, deadlines, target language, the purpose of the translation or related work (e.g. whether for publication or for information only), method of delivery and any special terminology to be used.
These Terms of Business are intended:
- as a basis for executing commissions and will be made available to my Clients on request
- to form the basis of a good working relationship between Clients and myself as Translator.
Having regard to my other commitments, I shall not be obliged to accept a commission if the Client asking for a quotation fails to place the work within 24 hours of receipt of the quotation.
Delivery date (s)
Delivery dates shall be binding only when I have had full sight of the material to be translated. They may be subject to alteration if any amendment is made to the requirements after the commission has been placed. The Client undertakes to deliver the commission promptly to me. I shall not be held responsible for any loss, damage or late delivery of finished work due to the postal or telecommunication services or to force majeure (see Clause 15).
Where reference is made to delivery times as "am" or "pm", am shall mean up to 12 noon, pm shall mean between 12 noon and 5.30pm.
- Fees/rates shall be agreed before work is commenced and I will only provide a quotation based on full sight of the commission.
- Fees/rates may be varied after work has commenced if it emerges that not all the relevant information has been provided and/or if there are any changes to the requirements.
- The basis on which fees are calculated shall be agreed before work commences, as shall the charges to be made for any special requirements (e.g. special delivery, courier charges).
- Payment shall be made within 30 days of date of invoice.
- Interest will be applied automatically at the rate of 8% over base rate (or such rate as is determined by statute, the latter prevailing) to all overdue sums from the date on which they first become due until they are paid in full, as per the Late Payment of Commercial Debts Regulations 2013.
- In the case of long commissions, I may require payment in instalments. When I have notified you that an interim payment is overdue I shall have the right to stop work on the task in hand until the outstanding payment is made or other terms agreed, without prejudice to any sums due and without any liability whatsoever to the Client or any third party.
- Cancellation fees shall apply if a commission is cancelled after work has commenced.
- In the event of cancellation of the commission by the Client after it has been placed, the Client shall be liable for all work completed up to the cancellation date and for all other costs and expenses which may accrue as a result of such cancellation in addition to 50% of the agreed fee based on the rate specified in 7.3, unless otherwise agreed.
- If a Client goes into liquidation (other than voluntary liquidation for the purposes of reconstruction) or has a Receiver appointed or becomes insolvent, bankrupt or enters into any arrangement with creditors, the Translator shall have the right to terminate a contract.
Intended use of translation
The intended use of the translation shall always be agreed and stated. The client shall not use the translation for any other purpose without my permission.
Original text copyright and translation rights
If the source language text is copyright, I shall only accept the commission on the understanding that the Client:
- has obtained the translation rights or
- will be using the translation only for private study.
- The Client shall hold the Translator harmless from any claim for infringement of copyright and/or translation rights and also from any legal action, which may arise from the contents of the original.
- If the source language text is copyright, I shall only accept the commission on the understanding that the Client:
Copyright in translation
- When it is agreed that copyright is to be assigned to the Client after translation, such copyright shall only be assigned when full payment for the commission has been received. Until such time, the copyright shall be owned by the Translator.
- Copyright may subsist in material in written or spoken form or recorded in electronic form.
- If I assign copyright and the translation is subsequently published, I expect the Client to acknowledge my work in the same way as for others involved in the publication, unless otherwise agreed.
- If my translation is in any way amended or altered without my written permission, I shall not be in any way liable for the amendments or their consequences.
- If I retain copyright, unless otherwise agreed in writing, any published text of the translation shall carry the statement © English text Yılmaz Düzen (Year date) as appropriate to the particular case.
- The Code of Professional Conduct (clause 6.5) of the Chartered Institute of Linguists requires me as the Translator to treat all work entrusted to me in complete confidentiality. In accordance with the requirements of that Code (clause 6.7), I will not make direct contact with my Client's clients without the express permission of my Client.
- As the Translator, I shall not make copies in addition to those required in the normal conduct of business and copies shall be for internal use only.
- As required by the Code of Professional Conduct (clause 6.5) of the Chartered Institute of Linguists, as the Translator, I shall ensure that the need for confidentiality is made known to any third parties (checkers, proofreaders, redactors, subtitle typists etc.) I shall employ. When necessary, I shall consult with colleagues about problems of terminology and other linguistic matters, but I shall ensure in all cases that there is no disclosure of confidential material.
- The Client shall not disclose to third parties any information relating to me or my business (e.g. fees, working methods, contact details of individuals (e.g. typists / proofreaders) executing work for me) and shall not contact my proofreaders, redactors etc. without my permission.
Responsibility and Liability
I shall carry out the translation with all reasonable skill and care and in accordance with the Code of Professional Conduct of the Chartered Institute of Linguists and the Institute of Translation and Interpreting. I shall endeavour to ensure that the translation is suitable for its agreed purpose and target readership.
In the event of my being unable to complete the work within the agreed time as a result of force majeure (i.e. fire, storm, tempest, flood or any other natural disaster, industrial dispute, civil commotion, acts of war, coup, terrorism or any other situation beyond my control), I shall notify the Client of the circumstances, which shall entitle the Client and me to withdraw from the contract for the work. The Client shall pay me for any work completed and I shall use my best endeavours to assist the Client to place the work elsewhere or take some other remedial action.
Any complaint by the Client about my work must be submitted to me within 14 days of receipt of the completed assignment.
Terms of Business (for Conference Interpreting Work)
Competence of the Interpreter
Interpreters accept only those assignments for which they have the necessary knowledge and experience.
Interpreters are subject to the strict confidentiality principles of their profession. Information, documents etc. they have access to as an interpreter shall not be given to, or shared with third parties without the consent of the conference organizer. Such confidentiality is not limited to the duration of their contract and will remain in effect even after the termination of the contract.
Professional References of the Interpretation Team
Interpretation Services Contract
Interpreters sign a contract with the conference organizer(s) or their intermediary specifying their remuneration as well as the terms and conditions of their work in accordance with the basic texts of TKTD/AIIC.
Interpreters interpret what they hear
Interpreters, under all conditions, interpret only what they hear. If they are intentionally forced to provide interpretation that is biased, incomplete and/or redundant, they shall refuse to work without being subject to sanctions of any kind.
Duration of Interpretation and Number of Interpreters Required
Interpreters do not and cannot be forced to work alone except under exceptional circumstances (such as short press conferences), which do not exceed 1 hour. Maximum duration of work for a team of at least two interpreters (including the whispered mode of interpretation) must not exceed 2 x 3 hours per day. Interpreters must have a lunch break of at least one hour. When total work exceeds 6 hours per day, a third interpreter or a fresh team of two interpreters is required. In case of a team of three interpreters, total work cannot exceed 9 hours. In conferences with two languages (for example, Turkish-English) at least two interpreters work in a single booth. In meetings with more than two languages, separate booths must be installed for each working language, including Turkish. In consecutive interpreting, the uninterrupted period of work for one interpreter must not exceed 1 hour and a total of 2 hours per day. Exceptions to this rule are accompanying (bilateral) interpretation assignments and protocol requirements.
Scope of Work
Interpreters are responsible for interpretation only and cannot in any way be forced to translate texts or do any work not specified in their contract. Interpreters will arrive at the conference site reasonably early.
Equal Pay for Equal Work
All interpreters employed for the same meeting by the same employer receive equal payment for their work.
Copyright and Fees
As foreseen in relevant national and international conventions and copyright laws, any audio/visual recording of interpretation and its broadcast on TV, radio, internet or any other media shall be subject to the consent of the interpreters and additional copyright fees. The sole exception to this rule is a conference that is organized specifically to inform the press and when interpreters are employed by broadcasting institutions. Entering booths to place microphones and/or recording devices is strictly forbidden even under these circumstances.
Conference organizers shall provide, within a reasonable period of time prior to the meeting, all documents (speeches, programs, presentations and other material) that will help interpreters with necessary technical and linguistic preparation. In addition, a meeting between the organizers and interpreters may be arranged if the subject matter is highly technical or politically sensitive or when deemed necessary by the conference organizer or the interpreters.
Audio Visual Recordings
Interpreters shall not be required to interpret audio/visual recordings, which they have not seen/heard before the meeting and for which a script has not been provided. For interpretation purposes, the sound of the audio/visual material must be transmitted directly to the interpreters through the interpretation system.
Booth and Technical Equipment Standards
Technical equipment and booths used in simultaneous interpretation must comply with Turkish and ISO Standards TS ISO 2603 and 4043; there must be one outgoing channel for each language; booths must provide a full view of the speaker, rostrum and audio/visual materials from a reasonable distance. If the location of the booth, technical equipment and other conditions are unsuitable, interpreters cannot be forced to work until adjustments are made to provide technically and visually acceptable conditions.
Travel and Accommodation
When working outside their domicile, interpreters are reimbursed for their travel (including airport transfers) and subsistence expenses by the conference organizer or they receive per diems to cover these expenses. Interpreters travel by air or, where this is not possible, by the most direct route to the conference venue. Interpreters stay at the conference hotel. If the conference venue is not a hotel, the interpreters must stay in single rooms at the same hotel with the participants or at a hotel that is of equivalent quality.
Travel and Rest Day Compensation
Travel day compensation is applicable if interpreters are required to travel from their domicile within working hours (09:00-18:00) the day before the conference or arrive at their domicile after midnight on the last day of the conference. They are entitled to paid rest days other than their travel day if work requires them to travel overseas, straining them physically or otherwise due to travel across time zones. Interpreters are also entitled to per diem and remuneration for each non-working day in between assignments when working away from their domicile.
Direct Contact between the Conference Organizer and the Interpreters
All intermediary parties signing contracts with interpreters are responsible for putting the interpreters in direct contact with the organizers of the meeting in order to ensure that interpretation is of the highest quality.
With the exception of force majeure, interpreters shall be entitled to receive cancellation fees in the event that the conference organizer terminates the contract unilaterally. If an interpreter is unable to work in a conference due to force majeure, s/he shall recommend, within a reasonable period of time prior to the conference so as not to cause any inconvenience to the conference organizer, another conference interpreter with the same qualifications and who accepts to work under the agreed-upon working conditions.