TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS
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Scheduling requests can be made in several different ways. Scheduling requests can be sent to the following email: projects@mtlanguageservices.com, by calling our office at 406-920-0068, booked online at www.mtlanguageservices.com, or within the Interpret Manager Portal. Designated CLIENT staff, referred to as “REQUESTERSs”, are responsible for scheduling appointments within the Interpret Manager portal. Each REQUESTERS will need to sign in to the portal with their unique username and password. The REQUESTERS is expected to complete the appointment form thoroughly and to the best of their knowledge. The REQUESTERS should be mindful of quoting an accurate estimated duration of time needed. MTLS cannot guarantee that an interpreter will be available beyond the estimated duration.
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The purpose of this Master Service Agreement (“AGREEMENT”) is for Montana Language Services, LLC (“MTLS” or “CONTRACTOR”) to provide contracted language services (“SERVICES” or “DELIVERABLES”) to the CLIENT and its select staff and departments (“COVERED ENTITIES”). COVERED ENTITIES shall include whomever the CLIENT’s key stakeholders designate as such. These stakeholders have the authority to determine which COVERED ENTITIES or individuals (“AUTHORIZED USERS”) fall under the scope of this AGREEMENT for language services. The specific COVERED ENTITIES may vary based on the needs and decisions of CLIENT key stakeholders.
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Calls that exceed the scheduled duration can be rerouted at the discretion of the interpreter to another available interpreter. This may result in a transition from Video Remote Interpreting to Telephonic Interpreting. On-demand OPI and VRI call service rolls over to a national pool of interpreters who are subcontracted and not a direct member of the MTLS linguist team. However, these interpreters have undergone thorough vetting by subcontracted agencies. Montana Language Services is not liable for the performance of interpreters from this pool. For quality assurance, we kindly request that you provide feedback or notify us if there is any incident with your on-demand interpreter.
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Each separate COVERED ENTITY will incur a monthly service fee which includes the following member benefits for all of their AUTHORIZED USERS: On-Demand Interpret Manager App Access for all requestors: Please note that usage fees per call still apply. Unlimited Monthly Success Workshops for all authorized users: Each workshop includes a Certificate of Completion. Language Access Toolkit Posters: As part of your membership, you will receive industry-specific posters from our Language Access Toolkit. These posters serve as invaluable visual aids for your staff and can be displayed in front lobbies, promoting understanding and accessibility. 10 Translated Social Media Posts on our Channel: Expand your reach and connect with a broader Spanish-speaking audience. With your membership, you'll receive 10 free translated posts on our MTLS en Español Channel per calendar year.
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On-demand phone and video interpreting involves providing immediate interpretation services over the phone or video calling software, typically for short or unforeseen situations. A 5-minute minimum charge shall be charged per OTP/VRI call and at 1-minute increments thereafter, rounding up to the nearest minute. On-demand OPI and VRI call service rolls over to a national pool of interpreters who are subcontracted and not a direct member of the MTLS linguist team. They have, however, been thoroughly vetted by subcontracted agencies. Montana Language Services is not liable for the performance from this pool of interpreters. For quality assurance, please provide feedback or notify us if there is any incident with your on-demand interpreter. Rates are subject to variation on a per-project basis. Please refer to our full interpretation pricing packet as a guide for full pricing.
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Montana Language Services commits to take reasonable measures to protect the confidentiality of the CLIENT’s proprietary information, including any materials such as trade secrets, financial information, information relating to business, products, patent applications, litigation, customer lists, personal information or protected health information, to the extent that such materials are designated by the CLIENT as “Proprietary and Confidential.” Nevertheless, it is understood and agreed that: (a) In the course of its engagement by the CLIENT, Montana Language Services. will be entitled to provide copies of any such Confidential or Proprietary materials to any and all of Montana Language Services’ employees, agents, independent contractors, or other third party service providers, to the extent required, in Montana Language Services’ judgment, to complete the work contracted for by the CLIENT. (b) Montana Language Services shall have no responsibility for information that becomes available to the general public through no act or negligence on the part of Montana Language Services. Unless otherwise agreed in writing, the CLIENT’s proprietary and/or confidential materials shall not include, or be deemed to include, any terminological data or glossaries created or compiled by Montana Language Services in the course of work for the CLIENT. Such data and/or glossaries shall remain the property of Montana Language Services, and the company reserves the right to use them in any manner, including, but not limited to, the performance of services for third parties.
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Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its then-prevailing Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in the City of Bozeman, Montana, in accordance with the United States Arbitration Act. All parties consciously and voluntarily relinquish their right to pursue legal action in a courtroom or seek a trial by jury.
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In performing its services, Montana Language Services. endeavors to produce accurate, idiomatic TRANSLATIONS and INTERPRETATIONS of the highest quality. Notwithstanding the foregoing, the CLIENT understands and accepts that words and phrases in different languages rarely have an exact correlation, and that no liability is assumed by Montana Language Services for any actual or alleged lack of nuance or impact, in particular, and without limitation, as these may relate to expressiveness of a text or spoken word and its suitability for use by the CLIENT or its COVERED ENTITIES in any particular activities. Except as set forth above, Montana Language Services makes no warranties of any kind, whether express, implied, or statutory, including without limitation any warranties of merchantability, fitness for a particular purpose, or otherwise, except only as may be contained in such written certification that Montana Language Services may deliver to the CLIENT or its COVERED ENTITIES at the time of delivery of the DELIVERABLES. Montana Language Services shall be under no obligation to provide any such certification unless, and except only to the extent, as specifically agreed in the written confirmation of the CLIENT’s or its COVERED ENTITIES request delivered by Montana Language Services to the CLIENT or its COVERED ENTITIES. Montana Language Services shall under no circumstances be liable for any losses, claims, causes of action, expenses, judgments, or damages of any nature or kind, including without limitation special, direct, indirect, incidental or consequential damages or loss of profit or income (collectively, the “claims”), exceeding the lesser of the invoice amount or the replacement value of the work performed by Montana Language Services, and regardless of whether Montana Language Services has been advised of the possibility of such claims. This limitation shall apply whether such alleged claims may be due to errors or omissions of any kind whether due negligence, scheduling, third party service provider failure or any other cause. Notwithstanding the foregoing, under no circumstances shall Montana Language Services be liable for any delay in delivering or providing DELIVERABLES if such delay results, directly or indirectly, from (a) the failure or inability of the CLIENT or its COVERED ENTITIES to provide Montana Language Services, with the fee deposit, as well as complete and/or legible copies of any documents or other materials necessary for the provision of the DELIVERABLES, if applicable, (b) the failure of the CLIENT or its COVERED ENTITIES to timely comply with any other obligation or to timely provide any other materials or information needed for the preparation and/or provision of any DELIVERABLES, or (c) instances of force majeure or any other reason beyond the control of Montana Language Services.
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All MTLS linguists have been vetted and approved by MTLS for minimum qualifications and experience, matching the requirements of the specific service type. While MTLS provides certified interpreters whenever possible, please note that specialized certifications are only available for the certain languages.
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Scheduling requests: We request a minimum of 72 hours for on-site requests and 48 hours for phone (OPI) and video (VRI) services. If there are no on-site interpreters available for your appointment, we will notify you within 48 hours and give you the option to switch your method of service to VRI or OPI. All requests received with less than 1 business day’s notice will incur a 25% rush fee. While we strive to accommodate rush requests, we cannot guarantee their fulfillment, so we recommend considering our on-demand OPI and VRI service as backup.
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MTLS requires that the CLIENT give our interpreters notice if you need to reschedule or cancel an appointment. Appointments not canceled in advance of the cancellation period will incur a cancellation fee equal to the full booking fee. Changes to an appointment are subject to re-confirmation based on the interpreter(s) availability. No-shows by the CLIENT and/or any necessary party for the interpretation services will be treated as ‘cancellations without notice’ and are both subject to a full cancellation fee. If a REQUESTER is more than 15 minutes late without prior notice for a scheduled appointment, we will consider this a missed appointment, and the full cancellation fee will be charged. MTLS charges the following rescheduling/cancellation fees for confirmed appointments as follows: For bookings with durations under 5 hours: 100% charge of the booked scheduled duration if rescheduled or canceled within 2 full business days. For bookings with durations over 5 hours: 50% charge of the booked scheduled duration if rescheduled or canceled within 5 full business days. 100% charge of the booked scheduled duration if rescheduled or canceled within 2 full business days. For bookings with durations over 2 full working days: 50% charge of the booked scheduled duration if rescheduled or canceled within 10 full business days. 100% charge of the booked scheduled duration if rescheduled or canceled within 5 full business days. Late Interpreter or OTP/VRI call: If an MTLS interpreter is late to a scheduled assignment or does not answer on-time for their OTP/VRI call, the CLIENT must immediately contact MTLS Director Kendall Levinson at (406) 595-0423. If the interpreter continues to be late and/or does not show without notice at least two hours prior to the booked appointment, The CLIENT shall be awarded a 1-minute credit for every minute the interpreter is late or one no-cost session as a replacement for the missed appointment. The credit shall remain redeemable for that same invoicing period only. Credits will not be applied if the requestor does not notify MTLS staff of the lateness within 24 hours.
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CLIENT acknowledges the advantages of receiving comprehensive solutions from a single service provider and agrees to work exclusively with Montana Language Services (MTLS) for their needs. In situations where MTLS cannot fulfill a particular job requirement, CLIENT agrees to collaborate with MTLS to identify suitable alternatives. CLIENT understands that MTLS's commitment to being their sole provider represents their dedication to delivering exceptional service and building a strong relationship with CLIENT.
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‘AUTHORIZED USERS’ refer to individuals or staff members associated with CLIENT's operations or covered entities. Specifically, these are the individuals whose email addresses are listed as "REQUESTORS" in the Interpret Manager portal. It is important to note that all AUTHORIZED USERS have the potential to generate charges that are billable to CLIENT in accordance with the terms outlined in this AGREEMENT but that only CLIENT and its COVERED ENTITIES possess the authority to add or designate individuals as AUTHORIZED USERS to their respective accounts.
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If the parties are unable to resolve the Dispute through negotiation, they agree to submit the Dispute to mediation. Mediation shall be conducted by a neutral mediator mutually agreed upon by both parties or appointed by a recognized mediation service if an agreement cannot be reached within 15 days. The costs of mediation shall be shared equally. Any settlement reached in mediation shall be binding.
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Translation of pertinent documents shall be negotiated on a per-project basis. A project quote will be provided at no cost. We require final approval of the quote before commencing any work on the project. In the event of cancellation after the quote has been approved, we reserve the right to charge for any work completed up until the point of cancellation. Translation of your text is priced per word and depends on the language combination, the subject matter, delivery time, industry-specific language, and the formatting complexity. For projects exceeding $500, a retainer ranging from 25% to 50% may be required upfront to begin work. Unlike machine translation, human translation is ideal for complex or sensitive written content. Professional human translators provide high-quality and accurate translations, taking into account cultural nuances and linguistic intricacies without sacrificing quality and accurately conveying the intended meaning and tone of the original source text, making it clear and easily understandable for the target audience. Because machine translation can produce errors and inaccuracies, potentially falling short of the CLIENT or a COVERED ENTITY’s expectations. Therefore, we strongly advise clients to use human translation services for critical or sensitive content where accuracy is paramount. However, if CLIENT or a COVERED ENTITY chooses to use machine translation, they assume all responsibility for the quality of the final product. Revision of Translation-Related DELIVERABLES. The CLIENT agrees to promptly review the translation-related DELIVERABLES upon receipt thereof and to notify the CONTRACTOR within [seven (7)] business days of any errors or omissions in such DELIVERABLES. MTLS agrees to rectify the following without charge within a reasonable period of time: outright mistranslation, omission, typo, grammatical mistake, or non-adherence to any approved glossary (“NON-SUBJECTIVE ERRORS”). The CONTRACTOR’s sole obligation with respect to such NON-SUBJECTIVE ERRORS is the obligation to correct the DELIVERABLES at no cost to the CLIENT, provided that the CLIENT gives notice of such errors to the CONTRACTOR within [seven (7)] business days of the CLIENT’S receipt of the DELIVERABLES. Failure to raise an objection within this period shall be considered as approval of the work as delivered. All changes requested by the CLIENT other than NON-SUBJECTIVE ERRORS or omissions will be subject to additional charges. The CONTRACTOR shall not be responsible for alterations to the CONTRACTOR’s work made by any other person acting on behalf of the CLIENT. Rates are subject to variation on a per-project basis and a separate project quote will be sent for individual pricing approval. A minimum service fee of $75 will be applied to all projects. Please refer to our full pricing packet as a guide for full pricing.
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This AGREEMENT may be amended, modified, or supplemented only by a written agreement executed by both parties. Any proposed amendments shall be presented in writing and shall detail the nature and purpose of the proposed changes. This Amendments and Changes Clause constitutes an integral part of this AGREEMENT and shall be construed in harmony with all other provisions contained herein. This Clause supersedes any prior oral or written agreements, representations, or understandings between the parties concerning the subject matter hereof.
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Prescheduled Onsite Consecutive Interpreting Prescheduled onsite consecutive interpreting involves providing interpretation services for in-person meetings or events, where the interpreter listens to the speaker, takes notes, and then delivers the interpretation in the target language during pauses in the speech. Prescheduled Phone (OPI) & Video (VRI) Consecutive Interpreting Prescheduled phone and video consecutive interpreting involves providing interpretation services over the phone or video conferencing software, where the interpreter listens to the speaker and then delivers the interpretation in the target language during pauses in the speech. Prescheduled Onsite & Remote Simultaneous Conference Interpreting Real-time interpretation of spoken or signed language, enabling effective communication between multilingual participants and audiences in large conferences or events, either in person or remotely. A 1-hour minimum charge will be applied for all pre-scheduled interpretation services. Interpretation services lasting longer than 1 hour shall be charged in 15-minute increments thereafter. For any onsite interpretation service, the mileage of the interpreter shall be charged at the federal mileage rate (currently 62.5 cents per mile). For projects requiring round-trip travel greater than 500 miles, travel expenses related to any overnight stay and/or air travel shall be negotiated on a case-by-case basis before the confirmation of any appointment. The CONTRACTOR, unfortunately, cannot guarantee the availability of on-site interpreters for all locations and all languages at all times. We request a minimum of 72 hours for on-site requests and 48 hours for phone (OPI) and video (VRI) services. If there are no onsite interpreters available for your appointment, we will notify you within 48 hours and offer the option to switch to VRI or OPI. All requests received with less than 1 business day’s notice will incur a 25% rush fee. While we strive to accommodate rush requests, we cannot guarantee their fulfillment, so we recommend considering our on-demand OPI and VRI service as backup. No cancellation fees apply if MTLS is unable to locate an on-site interpreter for your appointment. Rates are subject to variation on a per-project basis.
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The CLIENT must provide their own phone/internet equipment in-house and/or use the Interpret Manager portal (www.mtlanguageservices.interpretmanager.com) to schedule and initiate video calls to interpreters provided by MTLS. If the client chooses to use a third-party video software, they must select the “third-party platform” communication type when scheduling and provide their own link to their chosen video software. For video-remote interpretation, the client is expected to ensure clear audio quality of all speakers in the room as well as a reliable internet connection. MTLS interpreters agree to take assignments from a quiet location with high audio quality and a reliable internet connection. MTLS outsources the technology used for phone and video interpreting within the Interpret Manager portal. The CLIENT understands and agrees that unscheduled interruptions in service or other technical difficulties can occur.
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The CONTRACTOR unfortunately cannot guarantee the availability of on-site interpreters for all locations and all languages at all times. We will make every effort to find an interpreter, and if no one is available in your location for the language requested we will inform you at least 48 hours before the appointment and offer you the option to change your request to phone or video interpretation. No cancellation fees apply if MTLS is unable to locate an on-site interpreter.
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The client agrees to provide a 25% deposit of the total project cost before work commences. This deposit is non-refundable. The CONTRACTOR commits to submitting biweekly invoices to the client for work completed during that billing cycle. Each invoice will include a breakdown of services rendered, unit cost, and quantity used. All fees are invoiced monthly on the 1st and 15th of the month and are based on the usage by any and all AUTHORIZED USERS or REQUESTERS. Payment for all fees is due within fifteen (15) calendar days of the invoice date (Net 15). A $25 late fee will incur if payment is not received within 5 days from the payment due date, followed by $2.00/day for every late payment thereafter. Unpaid late fees will accrue and roll over to subsequent invoices. If your account has an open balance of more than 45 days, MTLS reserves the right to refuse service. By selecting credit card or ACH payments, the invoice amount will be automatically withdrawn within five (5) days of the invoice date. For all credit card payments the CLIENT will be charged a credit card processing fee of 3%. No fee will be charged on wire transfer or ACH transfers or for enrolling in ACH autopay. With ACH autopay, Montana Language Services will automatically withdraw funds from CLIENT’s pre-approved bank account within two (2) business days of the invoice date.
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The CONTRACTOR may provide personal contact information for linguists to be contacted for onsite interpretation calls. Interpreters have signed a non-competition and non-solicitation agreement with MTLS, prohibiting them from entering into a separate service agreement with MTLS’s CLIENTS or its COVERED ENTITIES. The CLIENT is kindly requested to respect this non-solicitation agreement and refrain from interfering with CONTRACTOR’s business relationships with its linguists. CLIENT agrees to not contact any interpreter of MTLS for services outside of this Contract.
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These Terms and Conditions shall be governed in all respects by the laws of the United States of America, and by the laws of the State of Montana as such laws are applied to agreements entered into and to be performed entirely within the State of Montana between residents thereof.
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This AGREEMENT may be terminated at any time by any of the parties for any reason with thirty (30) days’ written notice to the other party. Termination shall not relieve the CLIENT of payment of outstanding invoices, late fees, or cancellation fees, if applicable. CONTRACTOR shall not be obligated to complete any services post-termination. The CONTRACTOR will provide the client with the status of any on-going translation services at the time of termination.
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For all language services, the CLIENT shall pay the CONTRACTOR according to the full pricing packet and agrees to the following terms and conditions relating thereto. Prices shall be subject to change upon written notice to the CLIENT.
For any additional questions or more information, please feel free to reach out to us at admin@mtlanguageservices.com
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