WHEREAS, TIN requests Interpreter to perform interpreting and/or translation services for it; and
WHEREAS, TIN and Interpreter desire to enter into an agreement which will define respective rights and duties as to all services to be performed; and
WHEREAS, Interpreter affirms that he or she understands all of the provisions contained in this Agreement, and in the case that he or she requires clarification as to one or more of the provisions contained herein, he or she has requested clarification or otherwise sought legal guidance.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows:
1. TERM OF AGREEMENT
This Agreement shall remain in full force and effect until such time as either party shall exercise their right to terminate this Agreement as set out in Section 18.
2. WORK TO BE PERFORMED
Having submitted proof of professional interpreter training, including Introduction to Community Interpreting, and/or other equivalent professional interpreter training, and being fluent in English and a second language, Interpreter agrees to act as an independent contractor and provide interpretation services through TIN for TIN’s customers. Interpreter is fluent in English and the language(s) as set out in EXHIBIT B , attached hereto and made a part hereof.
Interpreter understands and agrees to provide interpretation services as an independent contractor through TIN according to the following requirements and guidelines:
a. Interpreter will provide interpretation and/or translation services for such assignments accepted by Interpreter through TIN’s online scheduling system.
b. Interpreter will be punctual for all assignments accepted, onsite, virtual or over the phone.
c. Interpreter will complete, with accurate information, an Invoice Voucher form for each assignment accepted, either electronically (using your smartphone, Tablet or iPad), or in paper form, which is to be uploaded into the scheduling system by the 15th and last day of each month for payment.
d. Interpreter will receive a TIN ID badge that MUST be worn to all onsite appointments. The initial badge is free; thereafter, badge replacements are $10 each. SEE EXHIBIT G FOR INSTRUCTIONS ON SUBMITTING YOUR PICTURE FOR A BADGE.
e. Interpreter will comply with the code of conduct applicable to cross-cultural interpreters and translators as set forth in EXHIBIT A attached hereto - Interpreter Code of Ethics.
f. Interpreter will neither initiate nor agree to any personal contact (whether physical, social or sexual) with any patient, client or customer during or after the time of the interpreting assignment. Interpreter also agrees that he or she will not discuss or offer personal information to the patient, client or customer during the course of providing services under this agreement.
g. Interpreter agrees to have a criminal background check to be conducted by TIN annually.
3. PAYMENT AND TERMS
Payment - TIN shall pay Interpreter the rates negotiated with TIN. Enter those rates below.
Terms
a. For onsite interpreting, Interpreter will be paid for 2-hours minimum and in 15-minute increments thereafter. Your exceptions to the 2-hour minimum apply to contracting entities or providers that are limited to paying only a one-hour minimum to TIN.
b. Interpreter will be paid a minimum of one (1) hour for VRI appointments, and 30 minutes for OPI appointments. For VRI and OPI appointments, Interpreter will be paid per minute for the amount of time requested, and any amount of time over the amount of time requested, when applicable.
c. For onsite interpreting cancellations, Interpreter will be paid a 2-hour minimum if the appointment is cancelled by the customer less than twenty-four (24) hours in advance of the appointment start time.
d. For VRI and OPI interpreting cancellations, when the customer cancels an appointment in less than twenty-four (24) hours in advance of the appointment start time, Interpreter will be paid for the amount of time requested by customer.
e. Interpreter will be responsible for all of his or her own expenses incurred in connection with an assignment from TIN, unless a prior agreement is reached on a per appointment basis.
f. In order to qualify for payment from TIN, an Invoice/Voucher must be completed and signed by customer and submitted to TIN for each appointment.
g. Invoices will be paid within 10-15 business days of the end of the billing cycle.
4. BILLING
TIN shall bill its customers and receive all payments due for Interpreter’s services to TIN’s customers. Interpreter shall neither bill the customer directly nor collect payment directly from TIN’s customers.
5. DRUG & ALCOHOL AND TB TESTING REQUIREMENTS
All employees and contractors of Translation & Interpretation Network are required to comply with its policies and procedures concerning drug & alcohol use and TB testing.
Drug and Alcohol Policy
It is TIN’s policy that the use, possession, manufacture, sale, transfer, purchase or being under the influence of illegal drugs by employees, contractors, or volunteers at anytime on company premises or while on company business is prohibited. The illicit use of any drug is prohibited. Employees, contractors or volunteers must not report for duty or be on company property while under the influence of, or have in their possession while on company property, any illegal drug. The abuse of alcohol will not be tolerated. Without the expressed consent of an officer of the company, the consumption or serving of alcoholic beverages will not be tolerated at anytime on the company premises.
Contractual employment with Translation & Interpretation Network is contingent upon TIN receiving a negative drug screen result directly from the medical facility. In the event of a positive drug screen result, any offers of hire or continuation of employment will be null and void. The cost of the required pre-employment and post-employment drug screening(s) is the financial responsibility of Interpreter. TIN will provide the location(s) of drug screening facilities and it is the Interpreter’s responsibility to inform the facility that the drug screen results must be faxed directly to TIN at 817-289-2775.
6. RELEASE OF INFORMATION
7. ONBOARDING DOCUMENTATION
Onboarding documents and instructional materials are attached hereto as exhibits and Interpreter agrees that he/she has read such documents and instructional materials and completed the required forms for the onboarding of Interpreter as a TIN contractor. All information given in such documentation is confidential and submitted securely on TIN’s website. Such exhibits attached to be read and completed are:
EXHIBIT A Interpreter Code of Ethics
EXHIBIT B Interpreter Profile
EXHIBIT C Form W-9
EXHIBIT D Direct Deposit Information for Bill.com
EXHIBIT E Required Drug and TB Testing
EXHIBIT F VRI and OPI Guidelines
EXHIBIT G Interpreter Photo Required (uploading required)
8. FEDERAL, STATE AND LOCAL PAYROLL TAXES
Neither federal, state, local income tax, nor payroll tax of any kind shall be withheld or paid by TIN on behalf of Interpreter. TIN shall issue an IRS Form 1099 to Interpreter by January 31st each year to reflect income over $600 earned under this Agreement during the previous year.
9. NO FRINGE BENEFITS
Because Interpreter is engaged as an independent contractor, Interpreter is not eligible for, and shall not participate in any employer pension, health, or other fringe benefit plan of TIN.
10. NOTICE TO INTERPRETERS REGARDING ITS TAX DUTIES AND LIABILITIES
Interpreter understands that the he or she is responsible to pay, according to law, income taxes. Interpreter further understands that Interpreter may be liable for self-employment (social security) tax, to be paid by Interpreter according to law.
11. TIN NOT RESPONSIBLE FOR WORKERS’ COMPENSATION
No workers’ compensation insurance shall be obtained by TIN concerning Interpreter or the employees of Interpreter. Interpreter shall comply with workers’ compensation laws concerning Interpreter and the employees of Interpreter.
12. SCHEDULING
TIN has made no representations to Interpreter as to any minimum amount of time for which Interpreter shall be scheduled or provided assignments and Interpreter is free to accept or reject any assignment offered by TIN. The requests of customers shall be honored whenever feasible.
13. TRADE SECRET, CONFIDENTIAL INFORMATION AND TIN’S PROPERTY
TIN agrees, from time to time and at TIN’s sole discretion, to provide Interpreter access to certain Confidential Information, including but not limited to the information described in this Agreement. Interpreter acknowledges that but for Interpreter entering into this Agreement, Interpreter’s access to Confidential Information would be denied, and TIN would not engage the services of Interpreter.
Definitions
“Confidential Information” means any and all material, processes, information, data, financial models, and communications that relate to TIN and its Business or the business of its past, current, or prospective clients, including without limitation information relating to (i) the marketing and financial activities of TIN, (ii) the Products or Services of TIN, (iii) the costs, sources of supply, financial performance, and strategic plans of TIN, (iv) the identity and special needs of the clients of TIN, (v) the people and organizations with whom TIN has business relationships and those relationships, (vi) comparable information that TIN has received belonging to others or that was received by TIN with any understanding that it would not be disclosed including all information provided by clients and potential clients of TIN and all non- public personal information, and (vii) trade secrets of TIN and TIN’s past, current, or prospective clients. Confidential Information shall not include: (i) information that has entered the public domain, other than as a result of the a breach of any obligations of confidentiality; (ii) information received from a third party who is under no obligation of confidentiality with respect to such information; or (iii) information that Interpreter is ordered to disclose by a court of competent jurisdiction or a state or federal regulatory authority pursuant to applicable law; provided that prior to such ordered disclosure Interpreter will consult with TIN so that TIN may seek an appropriate protective order.
“Business” means providing any type of translation, interpretation or language-based service to any client or potential client of TIN, and the marketing, advertising or soliciting of such services to potential clients of TIN.
“Products or Services” means all products and services provided, planned, researched, developed, tested, manufactured, sold, licensed, leased, or otherwise distributed or put into use by TIN or any of its subsidiaries during the time period Interpreter is engaged by TIN.
Confidentiality Acknowledgements
Interpreter acknowledges and agrees that (i) this engagement with TIN affords Interpreter access to Confidential Information regarding TIN and its Business; (ii) the dissemination or use of Confidential Information in any manner inconsistent with protecting and furthering TIN, its Business, and its prospects would cause TIN great loss and irreparable harm; and (iii) one of the duties of Interpreter under this engagement is to prevent the dissemination or use of Confidential Information in any manner inconsistent with protecting and furthering TIN, its Business, and its prospects.
Interpreter further acknowledges that Interpreter understands that, from time to time, Interpreter may be required to sign additional confidentiality agreements or other agreements in order to comply with requirement set forth by TIN’s clients.
Confidentiality Covenants
Interpreter stipulates and agrees that all Confidential Information:
Shall not be copied, used, distributed, disclosed, disseminated, or communicated in any way or form by Interpreter, whether or not for Interpreter’s own benefit, to anyone other than TIN or authorized representatives of TIN, or for such other purpose which TIN may authorize in writing. If Interpreter is authorized by TIN to disclose certain Confidential Information, before Interpreter discloses copies, uses, distributes, or disseminates any Confidential Information under any of these circumstances, Interpreter shall have the disclosee execute a nondisclosure agreement approved by TIN;
Shall not be used by Interpreter for any purposes other than in furtherance of the business interests of TIN, without the express prior written permission of TIN; and
Shall be held by Interpreter in a fiduciary capacity, and in the strictest confidence, and shall be treated by Interpreter with a high degree of care to avoid disclosure to any third party. Interpreter shall be liable for the disclosure of Confidential Information in breach of this Agreement. The burden shall be upon Interpreter to show that such care was used.
TIN Ownership of Property; Return of TIN’s Property
All Confidential Information and all other documents, records, tapes, computers, computer software, and other media of every kind and description relating in whole or part to TIN’s Business, whether or not prepared by Interpreter and whether or not furnished by TIN to Interpreter (the “Documents”), is the sole and exclusive property of TIN and shall be returned to TIN immediately at the termination of Interpreter’s engagement or at TIN’s request, but in no event later than three (3) days after the date of termination of Interpreter’s engagement or receipt by Interpreter of a written request from TIN setting forth the Confidential Information or Documents to be returned. Interpreter shall not retain whole or partial duplicates or copies of Confidential Information or Documents. Interpreter shall verify in writing that Interpreter has not retained any Confidential Information or Documents in any computer memory, data storage apparatus, or other format, and Interpreter shall permit TIN to verify through inspection or otherwise that Interpreter has complied with the requirements of this Section.
All Confidential Information and Documents must be kept in Interpreter’s possession and may not to be given to any other person, unless for the specific performance of Interpreter’s duties and with notice from Interpreter to TIN and with TIN’s express authorization. Interpreter will not mutilate, destroy, or make copies of Confidential Information or Documents without first obtaining the permission of TIN. Interpreter must safeguard Confidential Information and Documents and is solely responsible for any damage or loss of same.
All Confidential Information created by Interpreter or by Interpreter and TIN, its employees, and/or its affiliates under or as a result of this Agreement, shall be the exclusive property of TIN, unless otherwise agreed to in writing by both TIN and Interpreter.
14. NON-SOLICITATION AND NON-DISPARAGEMENT
Interpreter agrees that some restrictions on Interpreter’s activities during and after the engagement are necessary to protect the goodwill, Confidential Information, trade secrets, and other legitimate interests of TIN:
Non-Solicitation and Non-Interference Covenants.
Interpreter agrees that so long as Interpreter is performing services for TIN and for a period of six (6) months after the engagement ends, unless otherwise agreed to by TIN, Interpreter will not (i) solicit, hire, or attempt to hire, directly or indirectly, for himself or any other person or organization, TIN’s employees, interpreters, contractors or consultants; (ii) solicit, provide services to, or work for or on behalf of any client of TIN to whom Interpreter provided services on behalf of TIN during Interpreter’s employment; (iii) encourage any competitor to hire any of TIN’s employees, interpreters, contractors or consultants; (iv) encourage TIN’s employees, interpreters, contractors or consultants to terminate their relationship with TIN; (v) directly or indirectly solicit or encourage any client, customer, or vendor of TIN to terminate their relationship with TIN. The Parties agree that the restrictions in this paragraph are reasonable and impose no greater restraint than is necessary to protect the goodwill or other business interests of TIN.
Non-Disparagement Covenants.
Interpreter agrees that while Interpreter is performing services for TIN and for a period of twenty-four (24) months after the engagement ends, Interpreter shall not willfully make false, misleading, or disparaging statements about TIN including, without limitation, its products or services, management, employees, and customers.
No Conflict of Interest Covenants.
Interpreter agrees that while he/she is performing services for TIN, Interpreter will not undertake any outside activity, whether or not competitive with the Business of TIN, that could reasonably be expected to give rise to a conflict of interest or otherwise interfere with Interpreter’s duties and obligations to TIN.
15. REMEDIES FOR BREACH
Interpreter acknowledges and agrees that the limitations contained herein are reasonable and necessary for the protection of TIN and its Business, and given the unique nature of the Confidential Information, the breach of this Agreement cannot be adequately remedied at law, as any such breach may allow Interpreter or third parties to cause damage to TIN and/or to unfairly compete with TIN. Therefore, in the event of a breach of this Agreement by Interpreter, TIN shall be entitled to pursue any and all available remedies whether at law or inequity, which shall include but not be limited to monetary damages, injunctive relief, recovery of any and all profits or remuneration made on the use or sale of any Confidential Information, contractual penalties or fines imposed by contracts with clients of TIN, and recovery of any associated attorney’s fees and legal costs, along with any other available remedies at law. Interpreter will notify TIN in writing immediately of any such unauthorized release or other breach of which he is aware.
16. NO PUBLICITY
Interpreter shall not disseminate any oral or written advertisement, endorsement or other marketing material relating to its engagement with TIN or this Agreement without the prior written approval of TIN. Interpreter will not make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of TIN. Interpreter will not use the name, mark, or logo of TIN or any of its clients in any advertisement or printed solicitation without first having prior written approval of TIN and its clients.
17. TERM OF AGREEMENT
This Agreement becomes effective upon signing by both parties. All of the provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
18. TERMINATION
a. Either party may terminate this Agreement after giving thirty (30) days written notice to the other of intent to terminate without cause. The parties shall deal with each other in good faith during the 30-day period after any notice of intent to terminate without cause has been given.
b. Either party may terminate this agreement effective immediately upon giving written notice of termination for cause. Reasonable cause shall include, but is not limited to:
c. TIN may terminate this agreement immediately upon written notice to Interpreter if:
19. NON-WAIVER
The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
20. NO AUTHORITY TO BIND TIN
Interpreter has no authority to enter into contract or agreements on behalf of TIN. This Agreement does not create a partnership between the parties.
21. DECLARATION BY INDEPENDENT CONTRACTOR
Interpreter declares that Interpreter has complied with all federal, state and local laws regarding business permits and licenses that may be required to carry out the work to be performed under this Agreement.
22. HOW NOTICES SHALL BE GIVEN
Any notice given in connection with this Agreement shall be given in writing and shall be
delivered either by hand to the party or certified mail, return receipt requested, or by email. Any party may change its address stated herein by giving notice of the change in accordance with this paragraph.
23. ENTIRE AGREEMENT
This agreement and any exhibits or attachments hereto constitute the entire agreement between contracting parties concerning the subject matter hereof. It supersedes all agreements, discussions, representations, warranties, and covenants. There are no warranties, representations, covenants, or agreements, express or implied, between the parties except those expressly set forward in this agreement. By signing this contract, both parties acknowledge that they have read this contract, understood its terms, have had an opportunity to have legal counsel review this agreement, and have voluntarily accepted its provisions. If any provision of this agreement, or portion thereof, is held to be invalid or unenforceable, the remainder of the agreement shall nevertheless remain in full force.
24. AMENDMENTS
This Agreement may be supplemented, amended or revised only in writing by agreement of the parties.
25. SIGNATURE
Interpreter signs his/her name to this Agreement acknowledging that he/she has read this agreement in its entirely, including all the exhibits, and that Interpreter agrees to all the terms and conditions stated herein.
The Code of Ethics differentiates professional and non-professional interpreters. Ethics define the interpreter’s boundaries, protect the interpreter duties that do not belong to him/her, and establish the parameters through which the provider and client can expect the interpreter to work.
1. Confidentiality Interpreters will keep all material pertaining to the interview between the client and provider in strictest confidence. Any information given or shared in an interview between a client and the provider is not to be shared with any other person outside of the interview. Confidentiality is to be followed in all situations with the following exceptions: child abuse, elder abuse, or threats of suicide or homicide. In the state of Texas, all professionals must report any suspected child or elder abuse.
2. Accuracy Interpreters will faithfully render the message in such a way that all information is communicated accurately, according to meaning. There will be no adding, omitting, or changing of any portion of the communication by the interpreter during transmission.
3. Completeness Interpreters will faithfully render the message in its entirety, including expressions, gestures, tone, and inflections used by the speaker.
4. Professionalism Interpreters will conduct themselves in a professional manner: courteous, assertive, on time, prepared, well-dressed, and hold a positive attitude.
5. Continuing Education Interpreters will continue to develop their interpreting and related skills through self-education, seminars, professional organizations, and practice.
6. Representation Interpreters will not misrepresent their skills, qualifications, certifications, or area of expertise. Neither will they misrepresent the organization that they are working under. Thus, interpreters will not provide information or advice about agencies or programs outside their area of expertise or scope of responsibility.
7. Conflicts of Interest Interpreters will immediately disclose any conflict of interest as soon as it becomes evident. As such, interpreters will respond within ethical boundaries to all situations and will withdraw from any situation that would compromise them ethically.
8. Impartiality Interpreters will remain impartial, refraining from expression of any bias, personal opinion, recommendations or comments. Interpreters will allow clients to retain their right to make their own determinations without interference.
9. Acceptance of Assignments Interpreters will accept only assignments for which they are qualified based on training, certification, technical knowledge, linguistic ability, and cultural appropriateness.
10. Assignments and Compensation When interpreters receive an assignment through TIN, they will receive compensation through TIN. Interpreters should not request or accept compensation from the client or the provider. Independent interpreters should accept payment only from the contracting entity.
11. Conduct toward Clients and Providers Interpreters will exhibit an attitude of respect toward clients and providers at all times, portraying concern and care without displaying bias.
12. Conveying Cultural Information Interpreters will provide cultural information to the provider or client when appropriate, withholding assumptions or stereotypes, and allow the receiver to determine use of the information.
Gender(Required) Prefer to work in DFW? Prefer to work in Dallas? Prefer to work in Fort Worth? Prefer to work in Austin? Prefer to work in Houston? Check appropriate box for federal tax classification of the person whose name is entered above.(Required) Please accept Bill.com invitation from Translation & Interpretation Network, LLC to start receiving electronic payments directly to your bank account. This is our preferred method for making payments, and it is free to sign up.
This way, you are paid on time, and all invoice details will be available online in your account for quick and anywhere access, helping you cut down on paperwork. Please finish completing the profile by putting in your bank information for direct deposit or else it will come as check payment.Check payment takes longer. If do not complete the profile, the payment is delayed due to incompletion.
Translation & Interpretation Network requires all their contract interpreters to complete TB test and 5-Panel drug test. Please complete these at your choice of location or your primary care doctor.
Below is an updated list of vaccination requirements for our medical customers. These are in addition to the TB and Drug test, which all of our hospital customers require.
If we do not have these shots on file, you will be blocked from medical customers. Once you have the immunizations, please send me your vaccination information and I will add it to your file. I will then provide you with any additional information and instructions that you need, and open those appointments for you to consider.
Before going out and getting these vaccinations, please check your records! The MMR never expires. The Tdap expires every 10 years. If you have already had chickenpox, or believe you had the vaccination, your doctor can do a blood titer test to prove your immunity.
The MMR vaccine requires two doses of MMR vaccine if born in/after 1957; one dose if born prior to 1957. If you believe you have had the vaccination, but do not have the records, your doctor can do a blood titer test to prove your immunity to mumps, measles, and rubella.
1. TIN VRI Greeting Happy and polite! Smile, your tone makes a huge impression.
Interpreter: Good morning / Good afternoon! Thank you for calling TIN. My name is _ _ _ _ and I will be your (language) interpreter.
2. TIN VRI Closing If there is any uncertainty about whether the call is finished, politely ask:
Interpreter: “This is the interpreter. Will that be all?"
If provider says yes…interpreter should say:
“Thank you for using our services." (In the language of the LEP).
And then in English - “Thank you for using our services. Interpreter disconnecting.” and hang up.
3. TIN VRI Protocols and Best Practices Our clients expect and deserve a pleasant greeting. Remember to use greetings, a polite tone, enunciate
clearly, and state the language you speak.
Interpreter: Good morning / Good afternoon! Thank you for calling TIN. My name is _ _ _ _ and I will be your (language) interpreter.
A. Pre-session: After your greeting, providers expect the pre-session to be delivered in the language of the LEP to include the following: “My name is _ _ _ _ and I will be your interpreter. I will interpret everything that is said and keep it confidential. In order to guarantee accuracy, please speak in complete sentences.” (Please adhere to this script. There is no need to deliver this in the third person or in a different order.)
B. Identifying yourself as the interpreter (also known as THIRD Person intervention) - Clients expect that you will be transparent as an interpreter and will CLEARLY identify yourself if you are not speaking for the LEP. When you ask for repetition, clarification, or need to intervene as the interpreter, you will say, “This is the interpreter speaking....” or “The interpreter will ask Mr. XXX for shorter segments”. This practice ensures transparency and clearly differentiates you, the interpreter from the LEP and the provider.
C. Monitor the flow of conversation. The interpreter is responsible for ensuring that all parties on the video call communicate efficiently. This may include but is not limited to:
(Remember, you are not part of the conversation, you are the bridge for communication. If the patient/client/student does not answer when you are interpreting a question from the provider, wait for the provider to ask the patient if s/he heard. If the patient or provider asks: “What?” - interpret the word “What?” Do not respond. You are not part of the conversation.)
D. Customer Service
E. The Perfect Call
4. Video Remote Interpreting Requirements
To comply with the requirement of Section 2.d. of this Agreement, Interpreter must provide a photo for his/her official TIN badge to be visibly worn for all onsite appointments.
Guidelines for headshot photo:
EXAMPLES:
