These terms and conditions apply to each request for a quote from Day Translations, Inc. for provision of translation and interpretation services and to the provision of services following acceptance by the client of a quote from Day Translations, who shall agree on the following:
Unless expressly stated otherwise, in this Agreement the words below shall bear the following meaning:
1.1. "Services" shall refer to services referred to in Article 2 of this Agreement;
1.2. "Party" shall refer to a service provider or client that requests interpretation services or on whose behalf interpretation services are requested from Day Translations, Inc.
1.3. "Confidential Information" means any proprietary information, know-how or data disclosed in confidence by one party to the other party (and including, in the case of the Client, the Source Materials and the Deliverables), but does not include any information which (a) is in the public domain; (b) on receipt by the other party is already known by that party; (c) is at any time after the date of receipt by the other party, received in good faith by that party from a third party; (d) required by law to be disclosed by the other party;
1.4. "Contract" means a contract comprising these terms and conditions;
1.5. "Intellectual Property" includes all copyright, trademarks, designs, patents, domain names, concepts, know-how, trade secrets, logos and all other similar property and rights whether registered or unregistered;
1.6. "Quote" means a quote issued by Day Translations, Inc. to the Client;
1.7. "Services" means the services specified by Day Translations, Inc. to the Client;
1.8. "Source Materials" means the document(s) or information submitted by the Client to Day Translations, Inc. for interpretation;
1.9. "Deliverables" means the final deliverables produced as a result of the Services;
1.10. "Working Days," we work 24 hours a day, 7 days a week serving our valued clients.
1.11. "OPI" means Over the Phone Interpretation
1.12. "VRI" means Video Relay Interpretation
2.1. All services, including but not limited to: over-the-phone interpreting, video interpreting, and in-person interpreting, shall be done in the manner and form indicated and displayed on the Day Translations, Inc. website or the DayInterpreting portal. All services of alternate forms or means requested by the client must be agreed upon by the parties in writing and stipulated in detail in this document.
2.2. Each request for interpretation services made to Day Translations, Inc. and supply of Source Materials to Day Translations, Inc. is made subject to these terms and conditions.
2.3. No contract exists in respect of any request for interpretation services or in respect of any Source Materials that may be submitted to Day Translations, Inc. unless and until there is an accepted contract. Once there is an accepted contract, a 'Contract' is formed between the Client and Day Translations, Inc. in respect of the Services described in that Contract.
2.4. Day Translations, Inc. reserves the right todecline to provide any interpretation servicesif the Source Materials contain anymaterial which Day Translations, Inc. at its discretion(and without any obligation on DayTranslations, Inc. to review the Source Materialsfor appropriateness, legality or otherwise) considers tobe offensive, obscene, contrary to anylaw or otherwise considered byDay Translations, Inc. to be inappropriate.
3. PROVISION OF SERVICES
3.1. Subject to receipt of all applicable amounts due from the Client, Day Translations, Inc. will provide the services as specified in the contract and in accordance Day Translations Inc.'s standard practices and procedures including the practices and procedures as described in the contract issued to the Client.
3.2. Day Translations, Inc. has no responsibility toreview the quality of the Source Materialsfor any errors and has no liability toreview the Source Material for or to correct any errorsor omissions contained in any SourceMaterials regardless of the nature of sucherrors or omissions and regardless of the impact thatsuch errors or omissions may have on thequality of the Deliverables.
3.3. Day Translations, Inc. will issue the Deliverables to the Client in accordance with Day Translations Inc.' standard practices and procedures applicable at the time or as otherwise specified in the contract. Day Translations, Inc. will use reasonable endeavors to issue the Deliverables on or before the agreed delivery date/time, or where no specific delivery date/time is agreed within a reasonable time following receipt of the contract, but Day Translations, Inc. accepts no liability for any delay in meeting the applicable timing.
3.4. Due to the nature of phone and internet settings and connectivity, Day Translations, Inc will not be held responsible for external factors that are out of our control including, but not limited to, you and your third parties’ internet speed, ISP bandwidth, connectivity, power outages, etc. In case the interpreter is disconnected due to connectivity issues, you will receive a notification on the screen. You may opt to wait for the interpreter to get reconnected to the platform, or hang up at any time and call again. Please note that if you hang-up, you may be routed to a new interpreter.
4. USE OF SERVICES
4.1 The following uses of Day Translations, Inc.'s interpreting services are prohibited: the transmission of any material which constitutes an infringement of any patent, trademark, copyright or trade secret; the transfer of any information abroad in violation of any export law; a violation of Section 223 of the Communications Act of 1934, as amended, 47 U.S.C. Section 223, or other criminal prohibitions regarding the use of telephones to transmit obscene, harassing or other messages specified therein; or a violation of any other applicable statute or government regulation.
4.2 Customer agrees to indemnify Day Translations, Inc., its affiliates and their respective successors and to hold them harmless from any claim or action whatsoever arising from the use of interpreter services in any manner prohibited by this Section. Day Translations, Inc. shall not be liable for any indirect, incidental or consequential damages, or for lost profits or revenues of any kind, whether or not Day Translations, Inc. had knowledge that such damages might be incurred.
5. INTERPRETING CHARGES AND PAYMENT
5.1 You should purchase credits in advance and use them to avail of DayInterpreting services. Charges are set forth in the "Prepaid Credits" section of your dashboard. The rates are subject to change from time to time. Both OPI and VRI calls are charged per minute, with one-minute increments; there is no minimum applied. If you run out of credits during a call, you will be prompted and if you fail to purchase more credits the call will be disconnected. You may enable the Auto-Recharge function under “Payment Settings” on your dashboard. This will automatically charge the credit card on file for the predetermined amount so your calls do not drop when the balance is low. The current rates for OPI and VRI can be found here (*please insert the link to rate sheet here*)
5.2 Payments shall be made through Paypal or by credit card using encryption communication ensuring privacy and security.
5.3 If you enter into a contract with DayInterpreting, rates and payment terms are as set forth in your contract.
5.4 If you add a third-party number to the call using your dashboard or if you ask our interpreter to add a third-party, you will be charged extra. Our standard third-party rates are $0.25/minute for each additional third party. Please note: there are a limit of two (2) third parties allowed for VRI at this time.
5.5 You will be charged for the whole minute if usage is anything less than a whole. Charges will begin as soon as you are connected with an interpreter, until the time you hang up; including any time spent on briefing or trying to connect with the third party. Third-party charges will begin from the time they are added to the call.
5.6. If a call is initiated as a VRI call, it will be charged at the VRI rate regardless of whether you or the third parties switch your cameras to the on/off setting during the call.
5.7. If the purchaser is not satisfied, the purchaser may contact customer support to express any concerns and refunds are at the discretion of Day Translations, Inc.
6. INTELLECTUAL PROPERTY
6.1. Nothing in this Contract transfers to Day Translations, Inc., ownership of any Intellectual Property in the Source Materials or the Deliverables.
6.2. All Intellectual Property in the processes, methodology and know-how used by Day Translations, Inc. in its performance of a Contract are and will remain the property of Day Translations, Inc. Nothing in any Contract transfers to the Client any of Day Translations, Inc.'s Intellectual Property.
7. CONFIDENTIAL INFORMATION
7.1. Both parties recognize and acknowledge the confidential nature of the Confidential Information.
7.2. Neither party may disclose any Confidential Information other than:
(a) to its directors, employees, contractors or subcontractors to the extent necessary in the performance of the Contract;
(b) with the express prior written consent of the other party; or
(c) to its professional advisers.
8.1. This Agreement shall enter into force with immediate effect and shall be valid until the complete fulfillment of contractual obligations.
8.2. Entire agreement: Each Contract constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of that Contract.
8.3. Amendments: Except as specifically provided, no amendment to a Contract will be effective unless it is in writing and signed by both parties.
9.1. For all VRI calls, calls are limited to two (2) third parties in addition to the caller and the interpreter.
9.2. Simultaneous is not currently available through the DayInterpreting Platform; all interpretation will be done using the Consecutive method only. Contact us if you require this service.
9.3. OPI services may be accessed through the platform or via the 800 number listed in your dashboard. VRI services are only available through the dashboard on the web.
Day Translations, Inc. pledges to maintain the utmost respect and confidentiality for all of its client's documents. Accordingly, Day Translations and all affiliates will use your personal information only for the following purposes:
DAY TRANSLATIONS, INC.'S PURPOSE IN COLLECTING PERSONAL INFORMATION
Day Translations, Inc. collects your personal information only for the purpose of invoicing you on your translation and sending you the final document. Day Translations, Inc. does not store any of your personal information or redistribute it to any outside parties. Day Translations, Inc. only uses personal information to:
-- Contact You
-- Deliver the services you request
-- Develop and communicate special offers
-- Provide customer service
WHAT INFORMATION DAY TRANSLATIONS, INC. COLLECTS AND HOW IT IS COLLECTED
-- The information Day Translations, Inc. collects may include:
-- Contact information, phone numbers, service preferences, billing information, and other information provided when you do business with Day Translations, Inc.
-- Your location and industry.
-- A voice recording of your interpretation, if you have "call recording" enabled in your account.
HOW DAY TRANSLATIONS, INC. USES PERSONAL INFORMATION
-- Day Translations, Inc. does not sell or rent personal information to others.
-- Day Translations, Inc. does not disclose personal information to non-Affiliates except in the instance that you request Day Translations, Inc. to do so.
DAY TRANSLATIONS, INC. TAKES REASONABLE STEPS TO PROTECT YOUR PERSONAL INFORMATION
Day Translations, Inc. maintains a database of only your contact information and your original documents and translated documents solely for the purpose of saving your files in case you need to refer back to them and for our accounting purposes.
MODIFICATIONS TO DAY TRANSLATIONS, INC.'S PRIVACY POLICIES
Day Translations, Inc. reserves the right to change its privacy policies at any time, except as may be prohibited by law.
Day Translations, Inc. will post revisions online. Use of Day Translations, Inc.'s services after posted changes means that you consent to the privacy policies as changed.
If you have any queries or complaints, please contact Day Translations, Inc. in writing or via email at the address below:
Day Translations, Inc.
415 Madison Avenue 15th floor
New York, NY 10017, US