Terms and Conditions
Last Updated May 18, 2021
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.
By using our website PROLINGO.COM, and any or all services, platforms, and applications on our website, you are acknowledging that you have read and understand these Terms and Conditions and that you agree to be bound by them. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. User acknowledges that by reviewing these Terms and Conditions and then deciding to continue use of this website, you assume any and all risks, if any, that may exist in participating in any online platform or application. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Lessor hereby agrees to provide to Lessee functioning simultaneous interpretation equipment in accordance with the terms of this contract. Lessee hereby agrees to lease equipment in accordance with the terms of this contract. The term “Program” is defined as the event for which equipment is being leased. Lessor guarantees performance of equipment and continuity of operation under normal circumstances and conditions. Lessor can assume no responsibility for circumstances beyond its control, such as but not limited to power failure, surges, malfunctioning systems not supplied by Lessor, electrical interference etc. Pricing quoted in this contract are subject to change without further notice until both parties have approved and confirmed the execution of this contract.
Reservations are made on a first-come, first serve basis. A signed contract is required to guarantee availability of equipment, technicians and interpreters.
Lessor reserves the right to charge additional rental fees from Lessee at the same daily rental rate, if Lessee fails to return the leased equipment by the agreed upon date.
Damage and Equipment Replacement Costs
Security of the equipment shall be the responsibility of Lessee from the time of delivery until equipment is either returned or collected by Lessor. If on-site technical support is provided by Lessor, staff will make every effort to recover all receivers/equipment at the close of the event. Lessee agrees and accepts full responsibility for entire replacement costs of lost, stolen or damaged equipment. Damaged equipment is defined by mutilated beyond repair through negligence, program participants, employees and/or agents of Lessee. A list of replacement costs is available upon request. Lessor reserves the right to charge a fee if equipment is returned in a different condition than rented. This includes missing batteries and parts from the equipment. No numbering stickers or labels shall be affixed to any receivers. ProLingo property labels shall not be covered or removed.
Lessee agrees to indemnify Lessor and hold harmless Lessor from any claims for injury arising from the use of the equipment, including but not limited to cables and other devices used at the Program location. Lessor is not responsible for damages beyond Lessor’s control, including but not limited to fire, theft, labor actions, terrorism, delay of transportation, illness, equipment malfunction or Force Majeure.
Insurance for the full replacement value of the equipment is the responsibility of Lessor.
In case of Program cancellation or postponement, Lessee will notify Lessor immediately. In the event, that the Program is canceled or postponed after contract execution, Lessee agrees to pay Lessor the amount of 50% (Fifty) percent of the total contract value. If the Program is canceled or postponed less than 30 calendar days from the start of the Program, Lessee agrees to pay Lessor the amount of 100% (One Hundred) percent of the total contract value. If a dispute arises please refer to the Governing Laws/Dispute Resolution section.
Lessee is responsible for providing safe storage for the equipment during the term of the contract. Term of the contract is defined as the time Lessee takes possession/delivery of equipment to the pickup/return of equipment to Lessor. Lessee is responsible for ensuring that meeting rooms are locked and secure when the meeting is not in session. Lessee will be charged for all missing, damaged or vandalized equipment not caused by the specific negligence of Lessor’s technician.
Technical Labor Support
It is strongly recommended that Lessee employs Lessor’s technician(s) when equipment is rented. Lessor’s technicians are specially trained on audiovisual and simultaneous interpretation equipment as well as management of interpreter teams. Lessee will be responsible for entire rental fees if Lessee does not employ Lessor’s technician(s) and incurs operating problems with the rental equipment. A daily fee shall be charged for each technician present. The number of required technicians is based on the size of the Program, the amount of equipment and specific schedule requirements. Technician(s) wages shall be based on a 10-hour working day, including breaks for lunch and/or dinner Overtime is billed after the 10-hours working day at 1.5 times the daily rate divided by 10 unless otherwise agreed.
ProLingo agrees to provide the client with professional interpreters. An interpreter’s wages are based on a 6 to 8 hours working day (depending on pertinent language), including breaks for lunch and/or dinner. Daily cost of an event refers to at least two interpreters per room unless otherwise agreed. Overtime is billed after the 6 to 8 hours working day at 1.5 times the daily rate divided by the hourly rate unless otherwise agreed.
A per diem for each technician and/or interpreter is charged for each event and travel day. Lessee is responsible for all travel costs for technician(s) and interpreter(s), including but not limited to airfare, airport transfers, ground transportation, parking, meal per diem and hotel charges. Airfares for technician(s), interpreter(s) and project manager(s) will be invoiced at cost plus 5% (five) percent. Lessee is liable for penalties resulting in changes in the schedule, as it is our policy to travel at the lowest fare available at the time of contract acceptance. Single rooms for the technician(s) and interpreter(s) at the conference hotel are to be reserved and paid for by Lessee.
Installation and Dismantlement
Set up and dismantle charges are estimates and are based on the information available at the time the contract is written. Lessee agrees to make the meeting room(s) available to our technical staff for installation of all equipment during normal working hours the day prior to the commencement of the meeting(s), unless otherwise agreed upon. One installation and dismantling are included in the price for set up and strike. Unless otherwise specified, it is assumed that all equipment can remain onsite throughout the entire meeting. It is the responsibility of Lessee to ensure the meeting room(s) will not be required for any other purposes, i.e. dinners, receptions etc. until adequate time has been given for final dismantling and removal of equipment at the end of the program. If additional set-ups and/or breakdowns are required, additional charges will apply.
Transportation and Freight Charges
Transportation costs of equipment and personnel are estimates only and will be charged at cost plus 5%. These costs will be adjusted on the final invoice. Lessee is responsible for additional charges beyond Lessor’s control and/or advance knowledge, such as loading dock fees, exhibition service fees, union labor requirements or other venue specific charges. Lessee is also responsible for any freight or passenger air charges beyond advanced purchase rates which may be assessed due to changes in the schedule after tickets are purchased.
Distribution/Collection of Receivers
For rental of 50 receivers or over, it is Lessee’s responsibility to arrange for distribution and collection of receivers, unless otherwise specified in the contract. Instruction announcements at the beginning of each meeting on the use and return policy of receivers are strongly recommended. Lessor will make every effort to assist in collection and recovery of all receivers at the end of a meeting or conference, if technical staff is hired by Lessee. However, the replacement value of lost receivers will be charged to Lessee.
In order to ensure continuity of operation, standby equipment is provided free of charge for all equipment susceptible to technical breakdown.
Simultaneous interpretation can only function in a room equipped with a sound system. If the meeting room is not provided with this equipment, Lessor can provide such a sound system. All speakers at Lessee’s meetings must use a microphone in order for the interpreters to hear the proceedings, which will require an audio feed from the sound system used. Lessor cannot be held responsible for the quality of sound or the ability of interpreters to interpret accurately if Lessor does not provide the microphone(s) and PA system.
Lessee is responsible for contacting the on-site meeting planner or person responsible for logistical matters to arrange for delivery and installation of equipment. Lessee is responsible for allowing an average of 4 hours for set up and 2 hours for dismantlement.
Lessee will be responsible for any labor charges levied by the venue and will be charged in the final invoice.
Lessee will be responsible for any electricity or electrical connection charges levied by the venue and will be charged in the final invoice.
Lessee will be responsible for any audio and/or patching fees or concession charges levied by the venue and will be charged in the final invoice.
Tables/ Chairs/ Risers
Lessee will be responsible for tables/chairs/risers levied by the venue and will be charged in the final invoice.
Permission from the interpreter needs to be obtained before session can be recorded in order to comply with copyright laws. Lessor can provide an audio recording of Lessee’s meeting in any or all languages.
Governing Law, Dispute Resolution
Lessee agrees that all matters, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida. Lessee agrees to the personal jurisdiction or venue in the state and federal courts in Orange County, Florida and waive any objections to such jurisdiction or venue. The parties shall attempt, promptly and in good faith, to resolve any disputes. If the parties are unable to resolve the dispute, parties will agree to mediation. The parties and the mediator agree, the mediator may produce for the parties a non-binding recommendation of terms of settlement. This will not attempt to anticipate what a Court might order but will set out what the mediator suggests are appropriate settlement terms in all the circumstances. The prevailing party will be entitled to costs and attorney’s fees.
Lessee agrees to pay Lessor all rental fees and other costs stipulated in the contract. Prices quoted reflect specific job conditions. Any significant changes in requirements may alter individual prices per unit and/or have an impact on any discounts offered. Payments must be made in U.S. currency. Checks must be drawn from an U.S. bank. All intellectual property rights of written translation, captioning, or interpretation recordings remain with ProLingo until expressly transferred to the client. Royalty fees may apply.
After 30 days, unpaid invoices are Past Due. After 45 days, the account is marked delinquent and can be placed with collection service and reported to credit bureau. Balances unpaid after 60 days will be charged interest at the rate of 1.5% per month. Expenses incidental to collection, including but not limited to court costs, fees, expenses, and reasonable attorney(s) fees equal to 18% of the unpaid balance will also be charged to any account placed with our collection service. Lessee shall contact Lessor in writing for any dispute concerning an invoice within ten days of the date of the invoice. If disputes are not identified in writing, Lessee has accepted the invoice.
Lessee authorizes Lessor’s technicians or other personnel to make all arrangements with the facility for union labor, electrical services, sound systems, patching and furniture as they relate to the services being supplied under the contract. Lessee will be invoiced directly for all such charges
If Lessee has a concern, they must contact Lessor in writing before proceeding with any charge backs, credit returns or legal actions. Lessor will be given the opportunity to review the complaint and respond. Lessor reserves the right to deny any charge back on equipment used for an event. If Lessee issues a credit card charge
back or alleges, he/she does not authorize the credit card transaction, the credit card company will issue an inquiry. When the credit company investigates the claim, and if the credit card company’s decision is made in favor of Lessor, Lessee will be held liable for all legal fees, professional research, and discovery time associated with Lessor having to file an Inquiry / Retrieval Request to the credit card company. If a credit card dispute is decided in favor of Lessor and if Lessor suffers any loss of credit card business associated with a Lessee’s charge back request, Lessee will be liable for all legal fees and any credit card business Lessor is not able to process during this period of the dispute resolution.
Everything was well prepared by the ProLingo staff, so we were able to start our meeting promptly. The technician was great to work with and the interpreters were very professional and were positive and engaged even so we ran into some overtime. We will hire ProLingo for all our interpretation needs, no matter where our events take place.
- S. Chung, Harvard Club NYC