Terms and Conditions
TERMS AND CONDITIONS FOR INTERPRETERS / TRANSLATORS REGISTERED AS ASSOCIATED PROVIDERS IN LINGOCALL S.A. (hereinafter referred to as THE PROFESSIONAL / PROFESSIONALS) PROVIDING THEIR ON DEMAND PROFESSIONAL REMOTE LINGUISTIC ASSISTANCE THROUGH PLATFORM WWW.LINGOCALL.COM PLATFORM.
"Agreement for on demand professional assistance services" or "General conditions for access to provide professional services within the platform of LINGOCALL"
First - The PROFESSIONAL is committed to providing on-demand assistance services to the users of LingoCall SA as required and according to their availability of time and capabilities and, LINGOCALL is committed to collecting the payments made by the users and remitting the same to the PROFESSIONALS.
This assistance consists in performing consecutive or simultaneous language interpretation as required by the users of the LINGOCALL platform.
Both parties agree that the services to be provided correspond exclusively to those of consecutive or simultaneous language interpretation and / or translation of contents, through the LINGOCALL platform, excluding minors. In other words, minors cannot provide their professional services through the LINGOCALL platform.
THE PROFESSIONAL makes available to the clients of LingoCall S.A. their knowledge and experience in the execution of the functions described in this agreement. Subject to agreement between both parties, the conditions of the services established in this Agreement, may be modified as necessary due to the interest of LingoCall S.A.
Second - Expected results: The PROFESSIONAL is expected to carry out his/her work in a responsible manner, efficiently executing the services requested by the users and accepting them, through its availability on the digital platform of LINGOCALL.
It is understood that this agreement does not constitute the direct contracting of the PROFESSIONAL by LINGOCALL S.A. as its direct employee. At no time should be interpreted that the PROFESSIONAL is a direct employee of LINGOCALL S.A. LINGOCALL S.A. provides the digital platform where the PROFESSIONAL can offer and provide his/her professional services according to his/her will, availability and schedule, when he/she decide and also, LINGOCALL provides the means to collect payments made by LingoCall users and transfer those payments to the professionals.
Third - The term of this Agreement is two months, counted from the day on which LingoCall S.A activates the PROFESSIONAL's registration, after the validation of his/her credentials and experience as a PROFESSIONAL.
Before the expiration date of this Agreement, any of the parties may at any time terminate it by virtue of the breach of the clauses herein established or by the occurrence of any cause that precludes the continuation thereof. Likewise, this agreement for professional services may be modified by LINGOCALL S.A. However, it is understood that the signing of this Agreement does not represent any promise of extension or renewal for THE PROFESSIONAL. In the event that the Agreement has not been completed by the deadline, it will be renewed automatically for two additional months.
Fourth - Payment and payment method:
Payment periods: The payment periods of the platform are biweekly, that is, they cover from Monday at 6 am Costa Rica time (Monday 12 am GMT) until two Monday after 5:59:59 am Costa Rica time (Sunday 11:59:59 UTC). The PROFESSIONAL can consult at any time the information of the current and previous payment period in the Balance Sheet section of the platform. Each payment period in the balance sheet section shows the following information: The start date of the period, the end date of the period, the services provided during that period by the PROFESSIONAL and the details of the same. The date on which the payment of that period was made to the PROFESSIONAL.
Payment Period Cut: Each beginning of the period at 6:00 am Costa Rica time (12:00 am GMT) it will be processed the balance of the payment period that has just passed, this is called the payment period cut. For each period, the total accumulated amount will be paid for the services performed within the dates stipulated by the cut made for the period. Once the cut of a payment period has been made, THE PROFESSIONALS should review the cut balance information in the corresponding balance screen for that period and upload an invoice charging LingoCall the total amount of the payment period. If they are PROFESSIONALS that pay taxes in Costa Rica, they must upload an invoice that complies with the following characteristics: It must be an XML file issued and signed under the electronic invoicing standards of the Ministry of Finance of Costa Rica version 4.2 or higher. The invoice must be in US dollars and the total amount of the invoice must be equal to the total amount to be paid that the PROFESSIONAL sees in the statement of account of the respective period. The electronic invoice must be issued in the name of LingoCall S.A - Legal Costa Rican Tax ID 3-101- 744785 as recipient of the invoice. The invoice must be previously accepted by the Ministry of Finance before being sent for the acceptance of LingoCall. If they are PROFESSIONALS with residence outside Costa Rica, they must upload an invoice that meets the following characteristics: The invoice must be a valid document in the legislation of the country of the PROFESSIONAL and preferably written in English or Spanish. The total amount of the invoice must be in US dollars and must be equal to the total amount to be paid that the PROFESSIONAL sees in the statement of account of the respective period. The PROFESSIONAL must scan the file and upload a PNG, JPEG, JPG image or a PDF file that represents it. The content of the image must be perfectly legible, no fuzzy or small texts will be accepted. The invoice must be issued in the name of LingoCall S.A - Legal Costa Rican Tax ID 3-101-744785 as the recipient of the invoice. The payment will be made once you have sent us a valid invoice and approved by the system for that cut of payment period.
Every fifteen days LingoCall S.A. will cancel the corresponding fees for the professional services that the PROFESSIONAL has provided to the users of the LINGOCALL platform, the PROFESSIONAL will review his/her balance and cut for services rendered in his/her control panel to which he has access within the platform of LINGOCALL with his/her due username and password.
Payment method: Once the payment period has been cut and the PROFESSIONAL has uploaded a valid invoice approved by the system, LingoCall has a maximum of 3 business days to make the payment to the PROFESSIONAL from the moment the invoice is approved. Payment will be made as follows: For PROFESSIONALs residing in Costa Rica, a SINPE direct credit transfer will be made to the Costa Rican bank account that the PROFESSIONAL has registered in his/her configuration section within the platform. It is the responsibility of the PROFESSIONAL to keep this account data updated at all times, otherwise the payment will be made at the moment in which he/she has a valid bank account to make the transfer. For PROFESSIONALS residing outside of Costa Rica, a transfer will be made through the PayPal platform to the PayPal account that the PROFESSIONAL has registered in his/her platform configuration section. It is the responsibility of the PROFESSIONAL to keep this account updated at all times, otherwise the payment will be made at the time he/she has a valid PayPal account to make the transfer. The amount for which the PayPal transfer will be made will be the total payable stipulated in the information of the corresponding payment period. The costs of PayPal associated to the transfer of money or to drop the money to a bank account of the corresponding country where the PROFESSIONAL lives, are assumed by the same.
At the moment of activating the registration, the professional must indicate in which form he/she wishes to receive his/her payments, either by PayPal or electronic bank transfer, for this last case he/she must open an account in the National Bank of Costa Rica, if he/she prefers any other entity bank, it will be discounted the costs of transferring the total value of his/her billing, we clarify that the bank account for nationals in Costa Rica must be in behalf of the name of THE PROFESSIONAL. And the paypal.com account must be in behalf of the name of the PROFESSIONAL.
The local PROFESSIONAL residing in Costa Rica must declare taxable all the income generated under this agreement and exempts LINGOCALL from any responsibility before the General Taxation Office of Costa Rica for the omissions he/she incurs. If PROFESSIONAL resides outside of Costa Rica, he/she must do the corresponding before the tax authorities of his/her country of residence.
Fifth - Of the absence of employment relationship: Under no circumstance will this Agreement be understood as labor-related, for which reason LingoCall S.A. recognizes that this relationship does not generate labor rights such as notice, unemployment assistance, vacations and bonuses for THE PROFESSIONAL, so that he/she will not be entitled to demand any benefit of labor nature derived from the execution of this agreement.
Similarly, LingoCall S.A may not exercise any subordination acts, which could imply a labor relationship between the parties. LingoCall S.A. could not demand any exclusivity from THE PROFESSIONAL.
Sixth - PROFESSIONAL obligations. THE PROFESSIONAL will provide at his/her own risk the work tools required to provide his/her services through the LINGOCALL platform, such as having a computer (laptop or desktop) of at least 4 gigabytes of RAM with their corresponding camera, headphones and microphone, with a stable Internet connection and Windows 7 or higher, in which he/she can open and operate effectively and efficiently the Web application of LINGOCALL, in order to receive by this means the notifications and information about the works assigned to him/her by of the Users of LingoCall.
For the connection to the platform one of the compatible browsers must be used: Google Chrome or Mozilla Firefox, duly updated to the latest version. It requires a broadband connection, ADSL type, being also possible to use the computer connected to a mobile network, provided it is 4G and the connection is stable.
IMPORTANT! Care must be taken that the devices do NOT fall into suspension, as the PROFESSIONAL will lose the connection. Also, the connection should not be used simultaneously with download programs or P2P systems (such as Spotify or Torrent), which consume a large part of the bandwidth and saturate the line or occupy the speaker, hearing aid and camera systems of the device from where he/she is working.
LingoCall S.A. does not assume any responsibility for the payment of fixed or mobile internet services, maintenance and / or repair, purchase or lease of computer equipment, or any other expense related to the maintenance, operation and / or repair of the equipment, being the responsibility of the PROFESSIONAL to pay for those expenses.
THE PROFESSIONAL must inform LingoCall S.A. about the specifications of the equipment that will be used to provide the service and demonstrate what is the minimum stable speed of his/her Internet connection that will be used to provide his/her services. LingoCall S.A. reserves the right to ask the PROFESSIONAL for a photograph or video that demonstrates the good condition of the equipment, the suitability of the work space (lighting, ventilation, privacy) and other tools to adequately provide the services, including the correct personal presentation.
The PROFESSIONAL must, in the case of being a resident of Costa Rica, supply during his/her registration process, his / her affiliate number as an independent worker to the Costa Rican Social Security Fund (CCSS) and keep such payment obligation up to date. Likewise, he/she must send monthly proof of payment of said obligation by email to firstname.lastname@example.org. LingoCall reserves the right to inactivate the PROFESSIONAL so that he/she does not receive more interpretation assignments if he/she is not up to date with said payment obligation.
Seventh - Service Verification. The services provided by THE PROFESSIONAL will be qualified by the user of LINGOCALL application, who are the people who request the services described above, in terms of their quality. This rating will be registered and publicly visible to LINGOCALL users through a rating system of performance based on stars and additional comments.
In the event that THE PROFESSIONAL has executed his/her services in an incomplete, defective, unpunctual manner or has not done them entirely for reasons attributable to him/her responsibility, LINGOCALL will pay THE PROFESSIONAL only the services provided in accordance with this agreement.
Eighth - Liability for damages: THE PROFESSIONAL takes full responsibility and indemnifies LingoCall SA, shareholders, their representatives and employees or workers in general, for any damage or loss or expense incurred in the execution of this agreement, including non-compliance of confidentiality clauses and rules of good performance and behavior. Any payment that for any reason LingoCall S.A. had to do for these ends, will be deducted from the amounts pending cancellation to the PROFESSIONAL.
Ninth - Early Termination and Contractual Resolution: The parties may terminate this agreement at any time and without any liability on their part. Unilaterally, LINGOCALL will be able to take it as fully resolved without liability in the event that the services of the PROFESSIONAL prove to be deficient, defective, incomplete, present unjustified delays at the moment of interpretation, no use of suitable language is used, when the PROFESSIONAL s rated with three or fewer stars on 3 occasions, or in case of non-compliance with any of the other stipulations agreed between the parties in this agreement. In such event LingoCall S.A. will cancel the PROFESSIONAL only the services effectively rendered to satisfaction, without prejudice to exercise the corresponding legal actions for the collection of damages and losses caused by the PROFESSIONAL. Additionally LingoCall S.A. reserves the right to dissolve this agreement unilaterally by its own will, with the sole obligation to cancel the obligations pending up to that moment.
Tenth - Limitations to the right of the PROFESSIONAL. The PROFESSIONAL may not assign, transfer, or subcontract the rights conferred by this agreement and any act in that sense will be absolutely void, unless he/she gets the prior written approval of LingoCall S.A.
Eleventh - Registration: Any of the parties may protocolize this contract without appearance of the other, running on their own the expenses that such act demands.
Twelfth - Notifications: LingoCall SA provides as a means to receive notifications the email address email@example.com - The PROFESSIONAL indicates as a means to receive notifications the email given by the same when filling out and sending the registration form on the digital platform of LINGOCALL.
Requirements for Space and Presentation: The PROFESSIONAL must maintain an impeccable personal presentation at all times when providing services. The PROFESSIONAL must at all times provide services from an organized and clean space and provide services with a white background and without illustrations or ornaments of any kind to their backs at all times.
Thirteenth. Confidentiality. The PROFESSIONAL understands that as part of the performance of his/her functions he/she will have access to or generate important information that is considered confidential and owned by the users of the LINGOCALL platform. He/she understands that has been informed that Lingocall.com could sign with third parties agreements and contracts through which it has committed to maintain the confidentiality of documents or information that has been provided to LINGOCALL S.A. or that it provides and to which he/she can have access because of his/her activities. FOR THE ABOVE, THE PROFESSIONAL COMMITS TO:
1. Respect the provisions of the Law of Protection of Undisclosed Information.
2. Respect the policies and regulations of Lingocall.com in relation to confidential information and intellectual property that are described below.
3. Maintain strict confidentiality on any document or information supported on any medium, to which he/she has access as a result of the provision of his/her professional services through the LingoCall platform, in such a way that he/she will refrain from disclosing to third parties directly or Indirectly, without the prior consent of LingoCall, any information of which he/she has had knowledge due to his/her connection with this activity.
4. Not to use the information provided to him/her as confidential for any purpose other than evaluating it, examining it or using it in any way to make decisions in interpreting or translation projects that the LINGOCALL platform assign, being unable to use it for any other purpose.
5. To maintain this limitation throughout his/her life, regardless of whether or not he/she is linked to LingoCall. He/she can only obviate this limitation in case the information has been previously made public by any means, in the case of express authorization or for the purpose of making the superior interest of the community prevail when requested by the national authorities, provided prior notification to LingoCall of said situation.
6. Cooperate with LingoCall for the maintenance of this policy and in any procedure related to the protection of intellectual property rights of the company and its users.
Regarding the calls: All contact or professional relationship obtained through the platform must remain within the same, that is, the PROFESSIONAL is not allowed to share personal contact information with any of the participants of the calls; either in the process of reception, entry, in the course or once the call is finished. In the same way, the PROFESSIONAL is not allowed to contact any of the members of the calls by their own means, either for personal or professional reasons.
Guidelines for receiving calls: The PROFESSIONAL will receive offers of services as long as he/she would be available within the calls screen of the platform. The offers of services shown to the PROFESSIONAL are searched based on their specialized language combinations set at the section of account configuration of the platform. Once inside the calls screen, the platform will offer the PROFESSIONAL the best match service available at the moment and the PROFESSIONAL has 15 seconds to accept or reject the service. If the PROFESSIONAL has not responded once the 15 seconds have passed, the system will take it as a rejection of it. When the PROFESSIONAL rejects a service offer, the system proceeds to look for the next best match service available at the moment for the PROFESSIONAL. When the PROFESSIONAL accepts a service, it is put on hold while the user requesting the service accepts or rejects the offer of the PROFESSIONAL. If the user accepts the offer of the PROFESSIONAL, automatically both the user and the PROFESSIONAL enter the call. If the user rejects the offer of the PROFESSIONAL, the system proceeds to look for the next best match service available at the moment for the PROFESSIONAL.
Guidelines for entering into the calls: Once the PROFESSIONAL has accepted the service offer and the user has accepted the offer of the PROFESSIONAL for that service, the system proceeds to enter the two parties in the call. When entering, the PROFESSIONAL must grant camera and microphone permissions to the platform if they have not previously done to allow audio and video transmission. In case the user or the PROFESSIONAL fails to enter the call due to technical or connection problems, the system automatically cancels the call. It is important that the PROFESSIONAL presents himself with respect to his/her role at the beginning of a video conference or service to be rendered. A clear introduction can eliminate inappropriate expectations. We have defined this introduction that should always be done in both parts of the call. Once inside the call it is the responsibility of the PROFESSIONAL, to receive the user as the following formal salutation:
PROFESSIONAL => USER
Hello Mr. (User´s Last name). My name is (Interpreter´s name), I am an official LingoCall interpreter identified with the number LC ####. I will translate everything you say confidentially. What is the name of the person you want to communicate with?
PROFESSIONAL => THIRD PARTY (User Contact) (in the respective language of the third party)
Hello, Mr./Mrs. (User´s Last Name) wants to talk to you. My name is (Interpreter´s name). I am an official LingoCall interpreter identified with the number LC ####. I will translate everything you say confidentially and you will not have to pay anything for it. Do you wish to continue?
And additionally, analyze with the user the nature of the call and the topic thereof in order to guarantee the best possible interpretation quality. Guide the user in the process of inviting the third party to enter the call, if necessary.
Guidelines during the course of calls: During the course of the call, the PROFESSIONAL is responsible for ensuring the quality of the interpretation and ensuring the veracity and confidentiality of it. During the course of the call the PROFESSIONAL must maintain the professionalism due. The PROFESSIONAL is not allowed to share personal contact information with any of the participants during the call.
Call termination guidelines: The PROFESSIONAL cannot terminate the call under any circumstances, the only authorized to terminate the call is the requesting USER. It is the responsibility of the PROFESSIONAL to remain in the call until its completion. It is the responsibility of the PROFESSIONAL to maintain the confidentiality of the information processed during the call after the end of the call. Otherwise the PROFESSIONAL could face criminal charges by the applicant of the service as well as by LingoCall S.A. Once the call is finished, the PROFESSIONAL will have the opportunity to give a rating to both the applicant and the quality of the call by selecting from one to five stars and optionally add a comment. In the same way, the user will have the option to give a rating to the PROFESSIONAL for the quality of his/her services.
Regarding PROFESSIONAL language combinations: The PROFESSIONAL will be able to manage his/her offer of specialized languages at any time from the configuration screen within the platform. The PROFESSIONAL can add new specialized languages to his/her offer based on the languages and specializations enabled in the platform at the time of the update. The PROFESSIONAL can activate or deactivate the specialized languages associated with his/her account at any time. It is the responsibility of the PROFESSIONAL to keep up to date his/her offer of specialized languages at all times to ensure the best match of the service offers with his/her experience and knowledge.
Fourteenth. Confidentiality and Good Practices for PROFESSIONALS. Agreement of confidentiality and non-disclosure and good practices for PROFESSIONALS offering their professional services through the LINGOCALL platform. All PROFESSIONALS accept the following commitment of confidentiality at the moment of their registration at LINGOCALL platform, assuming that they have read it fully and agree with the obligations described here:
Through this agreement, the PROFESSIONAL ensures that he/she registers on the LINGOCALL platform, and undertakes not to disclose, reveal or use for his/her own benefit or that of third parties, in any way, data, information, rates, secrets, methods, systems and in general any element to which he/she has access under the professional services that the PROFESSIONAL performs through the LINGOCALL platform. Likewise, he/she undertakes not to establish direct contact with any of the users of LINGOCALL S.A. to those who have had direct access to the performance of his/her professional services through the LINGOCALL platform.
The obligations will take effect from the acceptance of the professional service assignment by the LINGOCALL platform and the acceptance of it by the PROFESSIONAL and will be in force for life from the provision of the service or its disconnection from being registered at lingocall.com. Also, the files must be destroyed / deleted once the work is finished and delivered, as well as any written or digital document where annotations have been made about the professional service itself. All PROFESSIONALS must comply with this Code of Good Practices, which aims to promote appropriate professional practices and good practices in the field of translation and language interpretation offered through the Lingocall.com platform.
Article 1 - PROFESSIONAL CONDUCT: The PROFESSIONAL will guide his/her conduct by parameters of honesty, dignity, independence and impartiality and will refrain from any behavior that could undermine the prestige of LINGOCALL, the profession and himself/herself. The PROFESSIONAL will prevent their personal or other interests from harming or influencing their work. In the event that there were possible conflicts of interest, he/she will communicate it frankly to LINGOCALL and will refrain from carrying out the assignment if necessary. The PROFESSIONAL will remain impartial with respect to the original text and / or content of the conversations that he/she interprets into the video conference calls. In particular, he/she will avoid introducing his/her own or others' ideological and moral positions in his/her interpretation of the original text / conversation in the target language. If he/she does not feel empowered to avoid this ideological and moral influence caused by the original text / conversation, or it causes insurmountable objections of this type, he/she will refrain from providing the professional service.
Article 2 - CONFIDENTIALITY: In order to safeguard the trust granted by the users of LINGOCALL, the PROFESSIONAL will refrain from revealing the confidential information that may come to his/her knowledge in the provision of his/her services through the Lingocall.com platform, except as required judicial, as well as not to use it for his/her own benefit or that of third parties.
The information cannot be considered confidential when: It is disclosed by the client or comes to the public knowledge without the intervention of the interpreter / translator provider; the client expressly authorizes the PROFESSIONAL to use it for legitimate purposes that do not conflict with the interests of the client and that do not violate the applicable legislation. The PROFESSIONAL may be released from the obligation of confidentiality when there are well-founded reasons related to the prevention of criminal acts, and whenever a judge rules, without prejudice to the duties and obligations prescribed by law.
Article 3 - QUALITY: The PROFESSIONAL will only accept those works that he/she can develop in conditions that guarantee the quality of the result within the agreed term, such as a thorough knowledge of the languages to be used in the professional service, an adequate knowledge of the topic and the domain of the tools of the profession.
The PROFESSIONAL must not participate as a translator interpreter to interpret and/or translate commissions referring to languages that he/she knows superficially. The exercise of the profession implies a written or oral command of the languages offered, including the mother tongue, which will be the preferred language of destination.
The PROFESSIONAL will reproduce as faithfully as possible the content and format of the text or the original conversation in the target language, taking into account the cultural differences.
PROFESSIONAL´s professional accreditations will not include misleading or unprovable attributions and will not proceed in any way to diminish the prestige of the profession. In particular, the PROFESSIONAL will not hold any accreditation that does not correspond to him/her, nor criticize in an unjustified manner, to attract clients, translations or interpretations made by other members of the profession.
The parties have personally read this agreement, being duly aware of all the clauses that comprise it, we declare to know the meaning and significance of it. In full agreement, it is accepted by the parties when choosing the ACCEPT option provided by the system at the time the PROFESSIONAL registers on the Lingocall.com platform.