ASL Interpreter Independent Contractor Cooperation Agreement (Captioner Independent Contractor Cooperation Agreement below)

Definition of Independent Contractor (IC)

ONE INTERPRETING defines an Independent Contractor as an interpreter who operates as their own entity, occasionally providing interpreting services on a contractual basis, often for multiple agencies.

An IC provides for his/her own liability, disability, health insurance coverage, etc. All applicable federal and state taxes are the sole responsibility of the IC. As an IC, an interpreter may deduct legitimate business expenses such as mileage, parking costs, professional dues, certification fees, professional liability insurance premiums, etc. ALL INTERPRETERS ARE RESPONSIBLE FOR HOLDING AND MAINTAINING STATE LICENSURES IN THE STATE WHERE THEY ARE RENDERING INTERPRETING SERVICES. WHEN AN INTERPRETER REGISTERS TO WORK WITH ONE INTERPRETING, AN INTERPRETER AGREES THAT IT IS THE SOLE RESPONSIBILITY OF THE INTERPRETER TO HOLD AND MAINTAIN ALL STATE LICENSURES WHERE THE INTERPRETER IS RENDERING INTERPRETING SERVICES.

ONE INTERPRETING does not deduct any taxes from IC checks and corporations will not be sent IRS 1099 forms at the end of a calendar year. IC’s may not apply for workers’ compensation insurance or unemployment benefits on behalf of ONE INTERPRETING.

IC’s can work when and for whom they choose and generally provide services for two or more businesses at the same time. An IC is paid by the referral. Once a referral is accepted, he/she is obligated to complete the referral or is legally obligated to provide compensation for failure to complete it, unless the ONE Interpreting office is notified in advance of the inability to appear and perform the work.


Operations

At ONE INTERPRETING, we stay connected with our interpreters through communicating via mobile e-mail. When we receive an available referral, we send it out as a mass e-mail to our interpreters’ mobile e-mail addresses. We offer referrals on a first come, first serve basis. The first interpreters to respond to an e-mail detailing an available referral will typically be offered the referral first. However, we reserve the right to offer referrals to interpreters based on skill level, client request, location, etc. In order to receive e-mails containing available referrals from ONE INTERPRETING, please be sure your mobile e-mail service accepts e-mails from request@oneinterpreting.com and interpreters@oneinterpreting.com


Invoicing

It is necessary for IC’s to submit invoices to ONE INTERPRETING in order to be paid. We will have all your referrals logged into our database. When you accept your first referral with ONE INTERPRETING, you will be asked to create a Gmail account (if you already have a Gmail account, we can use that one if you prefer). We will then share your referrals with your Google calendar. This calendar will include all your referrals and the details for each referral. It will also include information about each payment you will receive from us. It is your responsibility to check this calendar for any referral and payment details, and serves as your invoice to us. Your calendar with referral and payment information will be accessible through any web browser and mobile device, allowing you easy access from any computer or mobile phone.

 

 

 

ON-SITE COMMUNITY INTERPRETING


Payment

ONE INTERPRETING pays IC interpreters through Direct Pay or via mailed check. In order to be paid through Direct Pay, you will need to fill out the Direct Pay Authorization information at the bottom of the registration page. Your payments will then be automatically deposited into your banking account. If you prefer to have checks mailed to your physical address, please indicate that in in your selection in the "Payment Authorization" section of the registration page.

IC interpreters are paid by the referral. For community referrals, the average hourly rate is based on the city and region an interpreter is working in, however this rate is negotiable. The amount of hours per referral is based on the number of hours a given referral requires. However, the customer pays a TWO hour minimum for every referral, regardless of the length of the referral. Our customers' standing policies are that there is no pay for travel. An interpreter should not assume a referral will pay for travel unless otherwise noted in the email sent out with the referral details. Occasionally a customer will reimburse for travel or mileage. However, if this is the case, it will be included in the e-mail sent out with the referral details. Customers do not pay additional for after-hours or weekends.

All overtime or any information affecting billing must be reported to ONE INTERPRETING within 24 hours of the referral via e-mail sent to interpreters@oneinterpreting.com.

All referrals are paid to the interpreter to the nearest quarter hour. If you are late to a referral or leave early without being released by the hiring party, you will be paid accordingly and the two hour minimum will not apply. (Ex; for a 3-5pm referral you arrive at 3:15, you would be paid for 1¾ hour).

ONE INTERPRETING makes payments to IC’s on the 15th and last day of every month, thirty days after a referral has been completed. In the event one of these days falls on a weekend or holiday, paychecks will be mailed on the closest business day (before or after) to the holiday or weekend.


Hourly Rate

As a professional Independent Contractor, ONE INTERPRETING has listed the average hourly rates IC's charge us based on an IC’s region, certification, experience, and degrees for your benefit. Currently, ONE INTERPRETING only uses nationally certified interpreters. A professional interpreter is expected to be knowledgeable about appropriate fees for his/her service based on certification, skill level, educational achievement, and market rates for the local area.

In the event that an IC interpreter finds himself or herself performing work for a referral that typically requires two interpreters, the ONE INTERPRETING office may give the IC interpreter the option to bill at time-and-a-half for interpreting the full length of the referral alone. This must be reported to ONE Interpreting office immediately either by phone or e-mail (interpreters@oneinterpreting.com). Depending on the situation, the office may ask if the IC feels comfortable doing the referral alone. It will then be the IC's choice whether or not to continue to interpret the entire length of the referral alone for time-and-a-half pay.


Below you will find the average rates IC's charge us for on-site community interpreting referrals:


ONE COMMUNITY INTERPRETING PAY SCALE

Base Pay ( 1 Certification Required)
$ base pay/hour (SEE TABLE BELOW)
Additional Certification Increase
$1/Certification
Additonal Degree Increase
$1/Degree
Additional Experience Increase
$1/10+ years of being certified
Additional Late Notice Rate (less than 24 hours advanced notice)
$10/Hour


.
* Accepted Certifications: RID CI, RID CT, RID SC:L, NAD IV, NAD V, NIC, NIC Advanced, NIC Master, OTC, CDI
* Accepted Degrees:
Bachelors, Masters, PhD
* Accepted Experience:
If your accepted certification was received over 10 years ago

 

SEE THE TABLE BELOW TO FIND YOUR AREA'S AVERAGE BASE PAY

STATE

METRO AREA
HOURLY RATE
AL
ALL AREAS
$40
AK
ALL AREAS
$38
AZ
ALL AREAS
$46
AR
ALL AREAS
$40
CA
FRESNO/ STOCKTON/ MODESTO
$43
CA
INLAND EMPIRE
$50
CA
LOS ANGELES
$60
CA
SACRAMENTO
$50
CA
SAN DIEGO
$55
CA
SAN FRANCISCO BAY METRO AREA
$69
CO
ALL AREAS
$50
CT
ALL AREAS
$67
DE
ALL AREAS
$50
DC
DC METRO AREA
$65
FL
GAINESVILLE/ OCALA
$40
FL
JACKSONVILLE
$40
FL
MIAMI
$50
FL
ORLANDO
$45
FL
TALLAHASSEE
$42
FL
TAMPA BAY
$45
GA
ALL AREAS
$50
HI
ALL AREAS
$50
ID
ALL AREAS
$40
IL
ALL AREAS
$45
IN
ALL AREAS
$45
IA
ALL AREAS
$40
KS
ALL AREAS
$45
KY
ALL AREAS
$43
LA
ALL AREAS
$43
ME
ALL AREAS
$40
MD
BALTIMORE METRO AREA
$50
MD
FREDERICK
$50
MA
ALL AREAS
$50
MI
ALL AREAS
$44
MN
ALL AREAS
$50
MS
ALL AREAS
$40
MO
ALL AREAS
$45
MT
ALL AREAS
$40
NE
ALL AREAS
$43
NV
LAS VEGAS
$45
NV
RENO/ LAKE TAHOE
$45
NH
ALL AREAS
$40
NJ
NYC METRO
$67
NJ
OUTSIDE NYC METRO AREA
$50
NM
ALL AREAS
$40
NY
ALBANY
$45
NY
HUDSON RIVER VALLEY
$65
NY
NYC
$67
NY
ROCHESTER/ BUFFALO
$47
NC
ALL AREAS
$50
ND
ALL AREAS
$40
OH
ALL AREAS
$43
OK
ALL AREAS
$43
OR
ALL AREAS
$48
PA
PITTSBURGH
$46
PA
PHILADELPHIA METRO
$50
PA
PITTSBURGH
$46
PA
OUTSIDE PITTSBURGH & PHILADELPHIA METRO AREAS
$43
PR
SAN JUAN
$40
RI
ALL AREAS
$45
SC
ALL AREAS
$40
SD
ALL AREAS
$40
TN
ALL AREAS
$40
TX
AUSTIN
$43
TX
DALLAS
$45
TX
EL PASO
$40
TX
HOUSTON
$40
TX
SAN ANTONIO
$40
UT
ALL AREAS
$40
VT
ALL AREAS
$40
VA
ALL AREAS OUTSIDE DC METRO
$42
WA
SEATTLE
$50
WA
SPOKANE
$45
WV
ALL AREAS
$40
WI
ALL AREAS
$45
WY
ALL AREAS
$40



ONE INTERPRETING'S average base pay depends on what region and metropolitan area you work in. This information is listed in the table above. You must hold one of our accepted certifications to receive the base pay.  IC's typical charge us $1/hour increase for additional certifications, degrees, and having 10+ years of being certified. We view NIC certifications as a tiered series. For example, NIC Advanced is typically treated as obtaining 2 certifications- NIC and NIC Advance.   NIC Master is treated as obtaining 3 certifications- NIC, NIC Advanced, and NIC Master

An additional $10 per hour is typically paid for emergency referrals when less than 24 hours notice is given. You will be told if it is an emergency referral at the time you are called. At the completion of an emergency referral, please e-mail interpreters@oneinterpreting.com with the start and end time of the referral.

 

Cancellations

If a referral cancels, the interpreter will be compensated if they are given less than a 48 business hour notice. Since an IC is verbally contracted by the referral, he/she will be compensated for all replacement referrals he/she accepts.

If an IC accepts a referral, then later cancels and is unable to appear to interpret for the referral they already accepted, the IC is responsible for finding an interpreter that holds one of our accepted certifications to replace them.


No Shows

When waiting for a deaf or hard-of-hearing client to arrive, our customers require an IC interpreter to wait 15 minutes per 1 hour of the assigned time. The contact person may release the interpreter at their discretion. The interpreter must e-mail interpreters@oneinterpreting.com upon leaving the referral if payment in full is expected.


Extended referrals

When an referral runs over the scheduled time period, an interpreter may choose to stay or leave. If the decision is to stay, it is important to call ONE Interpreting within 24 hours to report any overtime so that we can bill the customer correctly. Failure to do this may result in a rejection of overtime charges.


Failure to Appear & Late Arrivals

Interpreters are responsible for getting to all referrals on time. We strongly urge interpreters to call the contact person in advance for directions and/or map the location before hand so as to plan the best way to get there on time. It is understandable that illnesses, emergencies and mishaps occur. When this is the case, please notify ONE INTERPRETING immediately by e-mailing interpreters@oneinterpreting.com. If you cannot fulfill a referral you have already committed to do, it is YOUR responsibility to find a replacement interpreter. The replacement interpreter must hold one our accepted certifications. Please inform us when you have secured a replacement for your referral.

Our customers expect IC's to arrive fifteen minutes before all referrals. Some interpreters habitually arrive after a scheduled start time. At the least this is unprofessional and at the most, highly disruptive to all parties involved. When ONE INTERPRETING is notified that an interpreter arrived disruptively late, ONE INTERPRETING will inform the interpreter of the complaint and assess a $25 late fee to the interpreter.

If an interpreter fails to appear for a referral, he/she will be expected to pay back the hourly rate for the duration of the missed referral. An interpreter may provide complimentary interpreting services for a similar referral to repay the amount lost and to restore good faith between ONE INTERPRETING and the interpreter.


Professional & Ethical Conduct

Interpreters are expected to adhere strictly to the RID Code of Professional Conduct and appropriate industry standard behavior. ONE INTERPRETING strictly enforces adherence to the Code of Professional Conduct. It is an interpreter’s responsibility to read, become familiar with, and follow the Code of Professional Conduct and industry standard behavior. ONE INTERPRETING will not refer work to interpreters that breach any tenet of the RID Code of Professional Conduct.

Soliciting

Independent Contractors may not solicit work independently from a ONE customer within one year of last contact with that customer and with ONE INTERPRETING. Violators of this ethical trust will face litigation. Interpreters are not limited to working exclusively for ONE INTERPRETING, but requests for interpreting services from ONE hearing or deaf customers must be directed to us and channeled through our normal scheduling procedure.

Interpreters acknowledge that ONE INTERPRETING’s list of customers, procedures for doing business, financial affairs, etc. are valuable and unique assets of this business. An interpreter agrees that he/she will not, either during or after termination of service with ONE INTERPRETING, disclose any such information, or other confidential information, gained by virtue of association with ONE INTERPRETING, to any person, firm or other entity for any reason whatsoever without the permission of ONE INTERPRETING.


Teamed referrals

During a teamed referral the “support” interpreter is expected to remain in the room and fully attentive to the entire interpreting task, as is the professional industry standard.

Arriving 15 minutes ahead of an referral allows time for meeting with the deaf and hearing clients, as well as becoming acquainted with your team interpreter to plan the work strategy such as feeding preferences, alternating preference, room & seating arrangements, etc.


Dress & Grooming

ONE INTERPRETING expects interpreters to dress appropriately and professionally. As a general rule, an interpreter’s attire should be comparable to that of the moderator of the event being interpreted. Jeans, T-shirts, shorts and other casual clothes are rarely appropriate. If an referral is in a casual setting, the interpreter will be informed at the time he/she accepts the referral.

 

 

VIDEO REMOTE INTERPRETING (VRI)

Hardware & Software

Orientation will be available if necessary to coordinate the functions with the various hardware and sofware systems.

 

Payment

ONE INTERPRETING pays IC interpreters through Direct Pay. In order to be paid, you will need to fill out the Direct Pay Authorization information at the bottom of the registration page. Your payments will then be automatically deposited into your banking account. If you prefer to have checks mailed to your physical address, please indicate that in in your selection in the "Payment Authorization" section of the registration page.

IC interpreters are paid by the referral. For VRI referrals, the average hourly rate is $20/half hour. Every referral will pay a minimum of a half an hour. There is no two hour minimum for VRI interpreting.

All overtime, time-and-a-half, or any information affecting billing must be reported to ONE INTERPRETING within 24 hours of the referral via e-mail sent to interpreters@oneinterpreting.com.

If you login late to a referral or leave early without being released by the hiring party, you will be paid accordingly.

ONE INTERPRETING makes payments to IC’s on the 15th and last day of every month, thirty days after a referral has been completed. In the event one of these days falls on a weekend or holiday, paychecks will be mailed on the closest business day (before or after) to the holiday or weekend.


Hourly Rate

Currently, the average rate ONE INTERPRETING is charged by IC's is $20/half hour for VRI referrals. We only use nationally certified interpreters.

In the event that an IC interpreter finds himself or herself performing work for a referral that typically requires two interpreters, the ONE INTERPRETING office may give the IC interpreter the option to bill at time-and-a-half for interpreting the full length of the referral alone. This must be reported to ONE Interpreting office immediately either by phone or e-mail (interpreters@oneinterpreting.com). Depending on the situation, the office may ask if the IC feels comfortable doing the referral alone. It will then be the IC's choice whether or not to continue to interpret the entire length of the referral alone for time-and-a-half pay.


Below you will find average rates IC's charge us:


ONE VRI PAY SCALE

Base Pay ( 1 Certification Required)
$20/half hour
Additional Certification Increase per half hour
$.25/Certification
Additonal Degree Increase per half hour
$.25/Degree
Additional Certified Experience Increase per half hour
$.25/10+ years of being certified




* Accepted Certifications: RID CI, RID CT, RID SC:L, NAD IV, NAD V, NIC, NIC Advanced, NIC Master, OTC, CDI
* Accepted Degrees:
Bachelors, Masters, PhD
* Accepted Experience:
If your accepted certification was received over 10 years ago


ONE INTERPRETING'S VRI average base pay is $20/half hour. You ust hold one of our accepted certifications to obtain this pay. We offer a $.25/half hour increase for additional certifications, degrees, and having 10+ years of being certified. We view NIC certifications as a tiered series. For example, NIC Advanced is typically viewed as obtaining 2 certifications- NIC and NIC Advanced.  NIC Master is typically treated as obtaining 3 certifications- NIC, NIC Advanced, and NIC Master.

 

Cancellations

If a referral cancels, the interpreter will be compensated if they are given less than a 24 business hour notice. Since an IC is verbally contracted by the referral, he/she will be compensated for all replacement referrals he/she accepts.

If an IC accepts a referral, then later cancels and is unable to appear to interpret for the referral they already accepted, the IC is responsible for finding an interpreter that holds one of our accepted certifications to replace them.


No Shows

When waiting for a customer to login, our customers require an IC interpreter to wait for the entire duration of the scheduled referral before logging off. The interpreter must e-mail interpreters@oneinterpreting.com and send a chat message to customer support after 15 minutes if nobody has connected. If nobody connected the entire session, email interpreters@oneinterpreting.com and let us know of the no show.


Extended referrals

When an referral runs over the scheduled time period, an interpreter may choose to stay or leave. If the decision is to stay, please inform ONE Interpreting within 24 hours to report any overtime so that we can bill the customer correctly. Failure to do this may result in a rejection of overtime charges.


Failure to Appear & Late Arrivals

Interpreters are responsible for logging to all referrals on time. If you are not logged in after 15 minutes when a referral is scheduled to start, your pay will be reduced, regardless of technical issues that may have arisen. It is understandable that illnesses, emergencies and mishaps occur. When this is the case, please notify ONE INTERPRETING immediately by e-mailing interpreters@oneinterpreting.com so we can attempt to locate a replacement for you. Please inform us if you have secured a replacement for your referral.

Interpreters are expected to login fifteen minutes before all referrals. When ONE INTERPRETING is notified that an interpreter arrived disruptively late, ONE INTERPRETING will remove the interpreter from the VRI database and will not be eligible to receive any future VRI referrals.

If an interpreter fails to appear for a referral, he/she will be expected to provide complimentary interpreting services for a similar referral to restore good faith between ONE INTERPRETING and the interpreter.


Professional & Ethical Conduct

Interpreters are expected to adhere strictly to the RID Code of Professional Conduct. ONE INTERPRETING strictly enforces adherence to the Code of Professional Conduct. It is an interpreter’s responsibility to read, become familiar with, and follow the Code of Professional Conduct. ONE INTERPRETING will not use interpreters that breach any tenet of the RID Code of Professional Conduct.

Soliciting & Contacting Customers

Independent Contractors may not make contact with or solicit work independently from a ONE INTERPRETING customer ever. Violators of this ethical trust will face litigation. Interpreters are not limited to working exclusively for ONE INTERPRETING, but requests for interpreting services from ONE hearing or deaf customers must be directed to us and channeled through our normal scheduling procedure.

Interpreters acknowledge that ONE INTERPRETING follows the uniform trade secret act. An interpreter agrees that he/she will not, either during or after termination of service with ONE INTERPRETING, disclose any such information, or other confidential information, gained by virtue of association with ONE INTERPRETING, to any person, firm or other entity for any reason whatsoever without the permission of ONE INTERPRETING.

 

Dress & Grooming

ONE INTERPRETING expects interpreters to dress appropriately at all times when working for ONE INTERPRETING. As a general rule, an interpreter’s attire should be comparable to that of the moderator of the event being interpreted. Most of the time, an interpreter is only visible from the waist up. Thus, it is important to dress appropriately from the waist up. However jeans, shorts and other casual attire below the waist may be worn. If a referral is in a casual setting, the interpreter will be informed at the time he/she accepts the referral.

Thank you!

ONE INTERPRETING values our interpreters to the highest degree. Without you, the interpreter, our business would not exist. Thank you for choosing to work for ONE INTERPRETING and welcome to our team! Please do not hesitate to contact us with any issues, concerns, or questions at interpreters@oneinterpreting.com

 

 


 

Deafnet LLC dba ONE Interpreting

CAPTIONER Independent Contractor Cooperation Agreement

 

This Independent Contractor Agreement is made between Contractor ("Contractor") and ONE Interpreting (“ONE”). In this document “Client” refers to ONE’s customer/client. (ONE and Contractor are individually "Party" and collectively "Parties"). Parties enter this Agreement based on the following representations:

  1. ONE is in the business of becoming familiar with persons in certain entities (Client” or “Clients”) which may request ONE to refer captioning services for short term projects (“Project” or “Projects”). Clients periodically contact ONE, explain the general requirements of its Project and request ONE to refer individual(s) who have the appropriate education, training and experience to independently and skillfully perform that particular Project.
  2. Contractor possesses appropriate education, training, certifications and/or experience to complete specified Project. When and if a Project is referred to Contractor, Contractor shall only accept a referral after he/she/they sufficiently analyze(s) the Project to verify its requirements are consistent with the skills of Contractor.
  3. Contractor may contact Client to verify a Project’s parameters are consistent with Contractor’s skills. Contractor may perform Projects where Client requests Contractor to represent Contractor’s Client, who is the person requiring translation.
  4. Parties will only sign this Agreement when ONE has determined primarily from Contractor’s representations that Contractor meets the standards of skills required to perform certain Client Projects. Then, ONE shall place Contractor on a list from which ONE may make Project referrals. ONE shall attempt to make referrals to Contractor consistent with Contractor’s expertise. Verification of Credentials is required by ONE annually. All costs associated with acquiring or renewing required credentials shall be borne by Contractor. Any changes to Contractor’s credentials must be reported in writing to ONE immediately.
  5. Contractor represents that Contractor shall comply with the National Verbatim Reporters Association Code of Ethics and/or the National Court Reporters Association Code of Professional Ethics as well as all reasonable requests of Client for whom Contractor is performing service. Contractor is under no obligation to accept any project offered by ONE, and ONE is under no obligation to offer any project to Contractor.

 

The Parties agree:

ARTICLE 1 – CAPTIONING SERVICES

1.1 STANDARD OF PERFORMANCE. Contractor represents he/she/they has/have the qualifications and skills necessary to perform services under this Agreement in a competent and professional manner, consistent with industry rules, regulations, standards and laws independently and without direction or control of ONE or Client. However, to satisfy the end result of this Agreement, Contractor must satisfy Client’s needs for his/her Project.

1.2 CERTIFICATION OR REGISTRATION. Contractor possesses and shall maintain certifications or registrations related to services as they were represented prior to execution of this Agreement. ONE may request Contractor submit proof periodically of Contractor's current status for all certifications, registrations, licenses, payment of applicable fees or related educational or CEU (continuing education units) that may be related to offered projects.

1.3 EXPENSES AND TAXES. Contractor agrees to pay all fees, fines, taxes, and all other costs and expenses of doing business related to Contractor's services. ONE will not withhold any taxes from Contractor’s compensation. If the Internal Revenue Service or any other Federal or State governmental agency inquires about Contractor's independent contractor status, Contractor agrees to inform ONE and allow ONE to participate in any discussion or negotiation with such agency.

1.4 AVAILABILITY. Contractor, at Contractor's sole discretion, will determine whether they are available to accept a Client referral. If Contractor accepts a Client referral, ONE shall schedule Contractor for the time and place required by Client. Contractor agrees to complete each scheduled Project Contractor accepts for the entire session(s). If Contractor's availability status changes, Contractor shall find a replacement Contractor who has qualified with ONE. If Contractor is unable to locate a replacement, then Contractor shall notify ONE.

1.5 NON-EXCLUSIVITY. ONE understands Contractor performs services for other persons or entities. Accordingly, Contractor will only accept a referral for times that Contractor is available and when accepted Contractor understands that Contractor has a contractual obligation to perform those services.

1.6 TOOLS, MATERIALS, EQUIPMENT AND PREMISES. Contractor shall supply all tools, materials and equipment required to perform a Project. Contractor agrees not to use ONE offices or other resources for any purpose, including, without limitation, personal or private purposes.

1.7 DETAILS AND MEANS OF PERFORMANCE. Contractor has complete and sole discretion and skills to perform the manner and means of how the Project is professionally performed.

1.8 BACKGROUND CHECK. Contractor grants ONE the right to request and conduct a background check on Contractor, shall cooperate in performing the background check and agrees to provide any release, waiver or consent ONE required, including a scan of the Megan’s Law database.

ARTICLE 2 – INVOICE, COLLECTION AND PAYMENT

2.0 Contractor agrees to log into ONE's web portal with credentials provided by ONE and review the Payroll section to confirm ONE's records match Contractor's records for work scheduled to be paid.

2.1 If discrepancies are found, Contractor agrees to contact ONE in order to remedy said discrepancies before payment is made.

2.2 ONE makes every effort to process payroll on the 15th and last day of each month, one (1) month after services were rendered. If that date falls on a holiday or weekend, it gets pushed to the next business day. Exceptions may exist due to special and/or severe unforeseen circumstances that are out of ONE’s control. Contractor and ONE understand in their industry there are invoices for services performed that will not be paid for various reasons which are not known at the time captioning services are requested and performed.

ARTICLE 3 – SCHEDULING

3.0 After Contractor and ONE have exchanged Client’s information so Contractor may and does make an informed referral acceptance, ONE shall schedule Contractor to perform the Project at the time, date and location Client requested. Contractor agrees that when such scheduling occurs, Contractor is contractually bound to perform those services.

3.1 Normally, ONE shall confirm acceptance of a Project in writing or email which contains the Project’s place, date, time, name and address of facility to perform services, name of the Client’s contact person and Contractor’s Client’s name. Any and all other details must be obtained and negotiated, if appropriate, with Client.

ARTICLE 4 – INDEPENDENT CONTRACTOR

4.0 Contractor agrees they are an independent contractor performing services on Projects through their sole proprietorship or other business referenced on their IRS Form W-9. Contractor agrees that no employee-employer, partnership, joint venture, agency or other form of relationship exists between the Contractor and the ONE, except a business to business or independent contractor relationship. Contractor agrees it is not and will not become an employee, partner, agent, or principal of ONE. Contractor is not entitled to rights and/or benefits of ONE employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement, or any other employment benefit. Contractor is responsible for providing—at his or her own expense—disability or unemployment and other insurance, workers' compensation, training, permits and licenses for Contractor and for Contractor's employees and subcontractors.

4.1 Contractor is solely responsible for, and shall pay all applicable state and federal taxes. Contractor may desire to seek counsel in order to verify that it has accommodated all applicable tax laws. ONE cannot and will not provide any advice to Contractor.

ARTICLE 5 - TERM AND TERMINATION

5.0 Each referred Project shall become effective and contractually binding upon Contractor completing its due diligence in regard to the details of a Project, accepting a Referral and scheduling. The Project performance begins when Contractor commences the services agreed to be performed. The Project terminates upon Contractor completing those services. An early termination of a Project may occur by a breach of contract or mutual agreement of Contractor and the Contractor’s client.

5.1 This agreement, when signed by Parties, is an agreement to list Contractor as a qualified captioner. This agreement commences effective on the date in the first paragraph of this contract. This agreement may be terminated annually by either party giving written notice to the other party on or before the anniversary date of the signing of this agreement. Any such notice by either party to terminate does not allow Contractor to fail to perform an accepted Project; however, in the sole discretion of ONE, ONE may terminate the Project.

5.2 Upon termination, ONE will pay the Contractor for services performed to the satisfaction of ONE to the date of termination, consistent with Section 2.2.

 

ARTICLE – 6 – MISCELLANEOUS PROVISIONS

6.0 REPRESENTATIONS AND WARRANTIES. Contractor represents and warrants the following statements are true:

  1. NO LITIGATION. No suit, action, arbitration, or legal, administrative, or other proceeding or governmental investigation is pending or threatened against or affecting Contractor, Contractor's business or financial condition, or the services to be performed under this agreement.
  2. COMPLIANCE WITH LAWS. Contractor (1) is in compliance and shall comply with all laws, rules and regulations applicable to Contractor's business; (2) shall not engage in unlawful harassment, including sexual harassment, with respect to any persons with whom Contractor may interact within the performance of this agreement; (3) is authorized to enter into this Agreement and legally perform the services pursuant to state and federal laws.

6.1 INDEMNITY. Contractor hereby defends, holds harmless and indemnifies ONE, its officers, directors, shareholders and other representatives and associates from all claims and expenses, including attorney fees and costs, resulting from (1) Contractor’s act or omissions related to Project and/or this Agreement, (2) Contractor's negligent or intentional acts or omissions during the term of this Agreement and/or Project, (3) or both, except to the extent a claim or loss is due to the active negligence or willful misconduct of an indemnified party.

6.2 LIMITATIONS OF LIABILITY. ONE will not be liable to Contractor for any indirect, special, or consequential damages, including lost profits or revenue, arising from or relating to this agreement, regardless if ONE was advised of the possibility of such loss or damage. ONE's liability for direct damages arising from or related to this agreement shall not exceed the amounts paid to Contractor by the ONE under this agreement.

6.3 INSURANCE. Contractor shall purchase and maintain at Contractor's expense commercial/business, automobile liability, errors and omissions, or any other type of insurance Contractor deems appropriate. Contractor shall add ONE to all liability insurance policies as an additional insured and provide ONE proof of such additional insured upon ONE’s request.

6.4 DEFAULT AND REMEDIES.

  1. DEFAULT. A default exists under this agreement if 1) Contractor made or makes a material misrepresentation; 2) Contractor fails to perform a material provision of Agreement and is incapable of curing such failure or does not cure the failure within thirty (30) days following notice; 3) either party files bankruptcy or becomes insolvent; or 4) Contractor sells its business.
  2. NOTICE. Contractor will notify ONE immediately if Contractor defaults.
  3. REMEDIES. In the event of default and if Parties fail to settle such between themselves, then non-defaulting party shall: i) first, file for non-binding mediation at such mediation service as it desires; ii) if mediation fails to settle the dispute, then either Party may file for binding arbitration at such arbitration service as it desires; or iii) in lieu of either i) or ii) or in lieu of ii) may terminate this Agreement and/or Project.

6.5 CONFIDENTIAL INFORMATION.

(1) Contractor agrees that information regarding ONE’s methods and procedures, billing and payment, Contractor list and individual names, contact information and personal data, Client list and individual contact names and data, and other information that is marked or identified as Confidential or is obviously not public information is hereby all agreed as “Confidential Information”. Contractor shall hold Confidential Information in strict confidence and only used by Contractor and its personnel who may be performing Project in strictest confidence and not disclosed to any third party without the prior written consent of ONE. Contractor agrees that all Confidential Information is a trade secret and owned by ONE. ONE authorizes Contractor to use Confidential Information only for purposes related to performing this Agreement and a Project.

(2) Contractor understands and agrees any default under this section may result in irreparable damage for which no adequate remedy may be available. Accordingly, in those cases, ONE may pursue injunctive or other equitable relief as a remedy, including, without limitation, action under the Uniform Trade Secrets Act.

(3) Contractor agrees that during the term of this Agreement and for a period of twelve (12) months immediately following the termination of this contact with ONE for any reason, Contractor will not directly solicit, induce, recruit, encourage, or take away any of ONE's clients or contractor’s nor will Contractor solicit, induce, recruit or encourage ONE clients or contractors to leave or end their contract with ONE.

6.6 WAIVER, Any action, inaction or failure to enforce any right or provision of this Agreement is not a waiver of ONEs rights, and will not prevent it from enforcing rights on any future occasion.

6.7 SURVIVAL. All rights and duties in this agreement will survive the expiration or termination of this agreement, except those that relate to the present performance of the Project unless a default or other claim of any nature involves such performance.

6.8 SEVERABILITY. If any part of this agreement is held unenforceable, such part shall be severed from this agreement and all other parts shall remain enforceable.

6.9 ATTORNEY FEES. If any action at law or in equity is pursued to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees and reasonable costs, in addition to any other relief to which such party may be entitled. If, for any dispute or claim to which this provision applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney's fees, even if they would be available to that party in that action.

6.10 ENTIRE AGREEMENT. This agreement constitutes the entire and final understanding of the parties regarding this matter, and supersedes and terminates any and all prior or contemporaneous negotiations, representations, understandings, discussions, offers, proposals or agreements between the parties, whether written or oral, express or implied, relating in any way to this matter.

 

Parties execute this Agreement to be effective as of the date the new contractor form is submitted on www.oneinterpreting.com by Contractor.