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Terms & Conditions

Clearvoice Terms & Conditions article Clearvoice Terms & Conditions article

Terms and Conditions of working with Clear Voice

General Provision by Clear Voice:

(Clear Voice is the trading name of Migrant Help Trading limited and is known throughout these Terms and Conditions as ‘Clear Voice’)

By using Clear Voice, the client agrees to these Terms and Conditions. These terms include the data processor agreement for the purposes of UK data protection law.

  1. Clear Voice will endeavour to provide the most suitable interpreter in a timely manner.
  2. Clear Voice will send a Booking Confirmation Form to the client containing all the details about the face-to-face interpreting session when a suitable interpreter has been confirmed.
  3. If Clear Voice is unable to provide an interpreter/translator, it may outsource to a trusted second-tier provider. Clear Voice will remain the key point of contact for the client.
  4. Clear Voice will regularly review its performance and will work to the best of its ability to always ensure a high-quality service.
  5. Clear Voice records calls for quality and monitoring purposes of telephone interpreters. Calls are randomly sampled to assess the level of service provided by the interpreters, unless specified by our clients to not do so.
  6. Clear Voice will deal with any enquiries or complaints in a swift, impartial, and thorough manner.
  7. Clear Voice welcomes feedback and will always value client opinions and suggestions.
  8. Clear Voice accepts no responsibility or liability for any accidental loss or damage caused by the work of the interpreter or translator, or through loss of service due to matters beyond the control of Clear Voice.
  9. Clear Voice will always provide the client with a quote before undertaking any translation work and will only proceed once a quote has been agreed by the client. Once a translation is confirmed we will progress with the job and invoice on completion. Translations cannot be cancelled once translators have been engaged.

Allocation and Cancellation of Bookings:

  1. There are no cancellation fees or minimum charges for the Instant Telephone Interpreting Service. It is a pay-as-you-go service, and clients will only pay for what they use.
  2. Clear Voice will allocate a booking taking into account the information that is given to it by the client and their requirements.
  3. Clients will be charged for the full time requested on the booking, even if the session finishes early.
  4. For face-to-face bookings, the minimum charge is an hour. After each full hour, we charge in increments of 15 minutes, i.e. if a booking lasts for 2 hours and 10 minutes, we will charge for 2 hours and 15 minutes (the increment element). Clear Voice always work to keep an interpreter’s travel time to a minimum and allocate face-to-face sessions accordingly.
  5. A notice period of not less than one business day must be given by the client when cancelling a pre-booked appointment for face-to-face, telephone or video interpreting. The client will be liable to pay the full price of the booking when this notice period is not adhered to. A further charge will be made if the interpreter has already incurred expenses (e.g. travel ticket purchased).
  6. A 14-day cancellation policy applies to appointments with Sign Language and/or Deaf Relay interpreters. 50% of the quoted charge will be applied when an appointment is cancelled, or changes are made within 8 to 14 calendar days of the appointment date. The full quoted charge will be applied to cancellations or changes made within 7 or less calendar days of the appointment date.

Client’s Duties and Responsibilities:

  1. Once issued, the security of their unique PIN number(s) becomes the responsibility of the client.
  2. Clients must provide clear information about the nature of a booked session in a timely manner so that Clear Voice can inform the interpreter(s).
  3. Clients shall not request that interpreters undertake any duties other than those agreed at the time of booking. Any duties exceeding those that were originally requested must be agreed with Clear Voice prior to being carried out.
  4. Clients must not engage with interpreters directly or indirectly for interpreting duties other than through Clear Voice.
  5. Clients must take all reasonable steps to safeguard the health and safety of the interpreter.
  6. If a pre-booked session is overrun, it is both the client’s and the interpreter’s responsibility to agree the time it over-ran by.
  7. Clients should inform Clear Voice if they are aware of any legal or professional requirements or risks related to the service.
  8. Payment of invoices is due within 28 days from the date of issue. Clients must notify Clear Voice immediately of any errors in an invoice.
  9. Clients understand that rates can be reviewed.
  10. Clear Voice may, at its sole discretion, immediately terminate its service should the client’s conduct fail to conform to these duties and responsibilities.
  11. Clients may terminate the service and their contract at any time unless this is stated otherwise via a separate agreement or contract.

Data Protection

Data Processor Agreement in Accordance with UK GDPR Article 28

1.1 The Parties acknowledge that for the purposes of Data Protection Legislation in relation to the data processing services, [The sub-contractor (Clear Voice) is the data processor for the purposes of providing translation services] to the customer who acts as the controller of the personal data. This includes where the processor appoints sub-processors who must process the data only to the extent necessary to perform the agreed data processing services and only in accordance with written instructions set out in this agreement, including instructions regarding transfers of Personal Data outside the UK or to an international organisation unless such transfer is required by Law, in which case the sub-processor must inform the processor and in turn the controller of the personal data of that requirement before processing takes place, unless this is prohibited by Law on the grounds of public interest.

1.2 The sub-contractor must notify the controller immediately if it considers that carrying out any instructions would infringe Data Protection Legislation.

1.3 The sub-contractor must provide all reasonable assistance to the controller in the preparation of any Data Protection Impact Assessment (DPIA) prior to commencing any processing. Such assistance may, at the discretion of the controller, include:
(a) a systematic description of the envisaged processing operations and the purpose of the processing.
(b) an assessment of the necessity and proportionality of the processing operations in relation to the data processing service.
(c) an assessment of the risks to the rights and freedoms of Data Subjects; and
(d) the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of Personal Data.

1.4 The sub-contractor must, in relation to any Personal Data processed in connection with its obligations.
(a) process that Personal Data only in accordance with Annex A unless the sub-contractor is required to do otherwise by Law. If it is so required, the sub-contractor must promptly notify the controller before processing the Personal Data unless prohibited by Law.
(b) ensure that it has in place protective measures, which have been reviewed and approved by the controller as appropriate to protect against a data loss event having taken account of the:
(i) nature, scope, context, and purposes of processing the data to be protected.
(ii) likelihood and level of harm that might result from a Data Loss Event.
(iii) state of technological development; and
(iv) cost of implementing any measures.
(c) ensure that:
(i) when delivering the Data Processing Services the sub-contractor’s Staff only process Personal Data in accordance with Annex A.
(ii) it takes all reasonable steps to ensure the reliability and integrity of any sub-contractor’s Staff who have access to the Personal Data and ensure that they:
(A) are aware of and comply with the Sub-Contractor’s duties under this paragraph.
(B) are subject to appropriate confidentiality undertakings with the sub-contractor and any sub-processor.
(C) are informed of the confidential nature of the Personal Data and do not publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the controller or as otherwise permitted by this sub-contract.
(D) have undergone adequate training in the use, care, protection, and handling of Personal Data; and
(E) are aware of and trained in the policies and procedures.
(d) not transfer Personal Data outside of the EU or any other country considered adequate according to the UK data transfer regulations unless the prior written consent of the Head Provider controller has been obtained and the following conditions are fulfilled:
(i) the controller or the sub-contractor has provided appropriate safeguards in relation to the transfer as determined by the controller.
(ii) the Data Subject has enforceable rights and effective legal remedies.
(iii) the sub-contractor complies with its obligations under Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred (or, if it is not so bound, uses its best endeavours to assist the controllers in meeting their obligations); and
(iv) the sub-contractor complies with any reasonable instructions notified to it in advance by the controller with respect to the processing of the Personal Data.
(e) at the written direction of the controller, delete or return Personal Data (and any copies of it) to the controller on termination of the Data Processing Services and certify to the controller that it has done so within five operational days of any such instructions being issued, unless the Sub-Contractor is required by Law to retain the Personal Data.
(f) if the sub-contractor is required by any Law or Regulatory or Supervisory Body to retain any processor data that it would otherwise be required to destroy under this paragraph 2.4, notify the controller in writing of that retention giving details of the processor data that it must retain and the reasons for its retention; and
(g) co-operate fully with the controller during any handover arising from the cessation of any part of the data processing services and assist the controller to migrate processor data to the controller, or to a third party, provide all reasonable assistance with ensuring safe migration including ensuring the integrity of processor data and the nomination of a named point of contact.

1.5 Subject to paragraph 2.6, the sub-contractor must notify the controller immediately if, in relation any personal data processed in connection with its obligations:
(a) receives a Data Subject Access Request (or purported Data Subject Access Request).
(b) receives a request to rectify, block or erase any Personal Data.
(c) receives any other request, complaint or communication relating to obligations under Data Protection Legislation owed by the Sub-Contractor to the controller.
(d) receives any communication from the Information Commissioner or any other Regulatory or Supervisory Body (including any communication concerned with the systems on which Personal Data is processed.
(e) receives a request from any third party for disclosure of Personal Data where compliance with such request is required or purported to be required by Law.
(f) becomes aware of or reasonably suspects a data loss event; or
(g) becomes aware of or reasonably suspects that it has in any way caused the controller to breach Data Protection Legislation.

1.6 The sub-contractor’s obligation to notify under paragraph 2.5 includes the provision of further information to the controller in phases, as details become available.

1.7 The sub-contractor must provide whatever co-operation the controller reasonably requires to remedy any issue notified to the controller under paragraphs 2.5 and 2.6 as soon as reasonably practicable.

1.8 Taking into account the nature of the processing, the sub-contractor must provide the controller with full assistance in relation to either Party’s obligations under Data Protection Legislation and any complaint, communication or request made under paragraph 2.5 (and insofar as possible within the timescales reasonably required by the controller including by promptly providing:
(a) the controller with full details and copies of the complaint, communication or request;
(b) such assistance as is reasonably requested by the controller to enable the controller to comply with a Data Subject Access Request within the relevant timescales set out in Data Protection Legislation;
(c) assistance as requested by the controller following any data loss event.
(d) assistance as requested by the controller with respect to any request from the Information Commissioner’s Office, or any consultation by the controller with the Information Commissioner’s Office.

1.9 Without prejudice to the generality of this agreement, the sub-contractor must allow for audits of its delivery of the Data Processing Services by the controller, or either’s designated auditor.

1.10 For the avoidance of doubt the provisions of agreement apply to the delivery of any data processing services required to enable the principal contractual service.

1.11 Without prejudice to this agreement before allowing any sub-processor to process any Personal Data related to this agreement, the sub-contractor must:
(a) notify the controller in writing of the intended sub-processor and processing.
(b) obtain the written consent of the controller to appoint the sub-processor.
(c) carry out appropriate due diligence of the sub-processor and ensure this is documented.
(d) enter into a binding written agreement with the sub-processor which, as far as practicable, includes equivalent terms to those set out in this agreement; and
(e) provide the controller with such information regarding the sub-processor as may be reasonably require.

1.12 The sub-contractor must create and maintain a record of all categories of data processing activities carried out under this agreement.
(a) the categories of processing carried out under this agreement.
(b) where applicable, transfers of Personal Data to a third country or an international organisation, including the identification of that third country or international organisation and, where relevant, the documentation of suitable safeguards.
(c) a general description of the protective measures taken to ensure the security and integrity of the Personal Data processed under this agreement; and
(d) a log recording the processing of the processor data by or on behalf of the sub-contractor.

1.13 The sub-contractor warrants and undertakes that it will deliver the services in accordance with all Data Protection Legislation and this Sub-Contract and in particular that it has in place protective measures that are sufficient to ensure that the delivery of the services complies with Data Protection Legislation and ensures that the rights of Data Subjects are protected.

1.14 The sub-contractor must comply at all times with those obligations set out at Article 32 of the UK GDPR and equivalent provisions implemented into Law by DPA 2018.

1.15 The sub-contractor must assist the controller in ensuring compliance with the obligations set out at Article 32 to 36 of the UK GDPR and equivalent provisions implemented into Law, taking into account the nature of processing and the information available to the sub-contractor.

1.16 The sub-contractor must take prompt and proper remedial action regarding any data loss event.

1.17 The sub-contractor must assist the controller by taking appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligations to respond to requests for exercising rights granted to individuals by data protection legislation.

Data Processing Required to Provide the Contractual Services

Processing, Personal Data and Data Subjects

  1. The sub-contractor must comply with any further written instructions with respect to processing on behalf of the controller.
  2. Any such further instructions will be incorporated into this Annex.
Subject matter of the service to be provided under this agreementPersonal and Special Category information about adults
Duration of the processingIn accordance with the contractual agreement
Nature and purposes of the processingTo provide translation services to clients of the customer
Type and categories of Personal DataName, address, contact details, date of birth, gender, and personal circumstances