INDEPENDENT CONSTRACTOR AND FEE FOR SERVICES AGREEMENT AGREEMENT is made between YOU ("Translator") and Lyudmila Dubinchik d/b/a Language Bridge, LLC, with a principal place of business at P.O. Box 30361, Colonial Station, Springfield, MA 01103-0361, (hereinafter called "LB") WHEREAS, Translator has the special skills, training, experience, knowledge and ability to perform the services that LB is in the business of providing; and WHEREAS, Translator seeks to be retained by LB and LB seeks to retain Translator under the terms and conditions set forth below; NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Independent Contractor. Translator will act as an independent contractor and not as an employee of LB in the performance of his/her duties under this Agreement. Translator will, therefore, be responsible for the payment of all federal, state and local taxes arising out of or related to Translator's work for LB. Translator shall at all times be able to decide whether or not to accept any assignment so offered by LB. 2. Duties and Responsibilities of Translator. Translator agrees to provide translation services for LB's clients during the term of this Agreement in accordance with the standards, customs and ethical principles established by the Medical Interpreting Standards of Practice and those articulated by the LB from time to time. Translator is free to secure her own clients and patrons, as long as the performance of services to such clients and patrons does not conflict with or preclude Translator's performance hereunder. 3. Licenses and Certification. Translator will secure all necessary business licenses that may be necessary at his/her sole expense prior to undertaking any work on LB's behalf. Translator further agrees to pursue any courses required to obtain or maintain certification in the area of medical translation and will not look to LB for reimbursement therefore. 4. Compensation. LB will pay Translator a fee for services rendered as follows: a. $20.00 / hour between the hours of 8:00 AM and 8:00 PM. b. $25.00 / hour between the hours of 8:00 PM and 8:00 AM. c. $25.00 / hour during the day on any generally recognized holiday. d. $25.00 / hour during the evening on any generally recognized holiday. Translator shall be paid a minimum of two hours and thereafter time shall accrue in units of 30 minutes each. This fee schedule may be modified or amended in writing by the parties as specifically set forth in Paragraph 10 below. Interpretation services performed over the phone will be paid at the rate of $1.00 per minute for the first 15 minutes and thereafter at the rate of $15.00 per each 30 minutes. The rate for the written translation may vary and shall be determined on an individual assignment basis. 5. Expenses. Translator shall be responsible for all miscellaneous supplies and expenses related to Translator's performance of services hereunder. 6. Location of Work. Translator will perform all services to LB's clients at such locations as LB or LB’s clients may, from time to time, designate or authorize. 7. Term. This Agreement will be for the term of one year, commencing on the date of execution and, unless earlier terminated pursuant to Paragraph 8 below and shall automatically renew for successive similar terms on the anniversary thereof. 8. Termination. LB may terminate this Agreement at any time for cause or based on Translator's failure to provide services hereunder in accordance with LB's standards or those of the Medical Interpreting Standards of Practice. LB may also terminate this Agreement based on Translator's failure or refusal to secure the business licenses, certification and/or insurance required by this Agreement. Any such termination must be effected by LB providing Translator with thirty (30) days written notice of the reason for termination at __________________or at such other address as Translator hereafter designates in writing. 9. Nondisclosure. Translator acknowledges and agrees that the names and addresses of LB's clients and will remain the exclusive property of LB and that such names and addresses are of a confidential nature and of great economic value to LB. During the term of this Agreement and for the period of one year immediately following its termination, Translator will not, directly or indirectly, divulge or disclose the names and addresses of LB's clients to any person, firm, association or company engaged in a business that provides medical translation services. During the term of this Agreement and for a period of one year following termination hereof, Translator further agrees not to, directly or indirectly, solicit, divert or take away any of LB's clients for whom Translator worked while associated with LB. Upon an event of termination of this Agreement, the Translator shall not accept any appointment to perform translation from or with whom they have accepted and performed translation services within the last sixty (60) days. Translator acknowledges and agrees that the names and information contained in the material being translated is personal and highly confidential. Translator will not, directly or indirectly, divulge or disclose any information so translated to any person, firm, association or company for any reason whatsoever. Further, the Interpreter shall not collect, save, or retain any information which is included or otherwise protected under the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPPA) regarding the appointment, with the exception of a notation as to the date, time and place of the appointment where the interpretation is to take place. After the interpretation service has been performed, the Interpreter shall return any and all paperwork, notes or other material generated, obtained or used in the interpretation to LB. 10. Miscellaneous Provisions In the event the Interpreter fails to provide the accepted assignment (no show for the appointment or late for the appointment) the Interpreter will be charged $300.00 which shall be immediately paid. In the event collection effort is required the Interpreter shall reimburse LB for all costs of collection including reasonable attorney fees. After completion of any assignment, all paperwork, forms, invoices, etc. shall be submitted to LB for payment no later than 45 days after the services have been performed. Should the Interpreter fail to submit the required documentation then any fees then due shall be subject up to a 50% discount at the discretion of LB. 11. Modification of This Agreement. No waiver or modification of this Agreement, in whole or in part, will be valid unless in writing and duly executed by each of the parties. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 12. Assignment. Neither LB nor Translator will assign their respective rights and obligations under this Agreement. 13. Severability. In the event that any paragraph or provision of this Agreement is held to be illegal, invalid or unenforceable by any court of competent jurisdiction, such holding will not affect the validity or enforceability of the remaining paragraphs or provisions. To the extent that any paragraph or provision is rendered unenforceable because it is overly broad, that paragraph or provision shall be limited to the extent required by applicable law and enforced as so limited. 14. Governing Law. This Agreement and the performance of services hereunder will be governed by the laws of the Commonwealth of Massachusetts. 14. Entire Agreement. This Agreement contains the complete agreement of the parties and will supersede any and all other agreements, understandings and representations by and between the parties hereto. IN WITNESS WHEREOF, the parties have signed this Agreement this (DAY) day of (MONTH), 2010 Lyudmila Dubinchik d/b/a Language Bridge, LLC _________________________________ Lyudmila Dubinchik _________________________________ [Interpreter's/Translator's Signature] I Agree  I Disagree      | Home | About Us | Our Services | Clients | Languages | Employment | FAQ | Contact Us | Privacy Policy | P.O. Box 30361 Colonial Station, Springfield MA 01103-0361  www.LBridge.com Phone: (413) 754-3488   Fax: (413) 567-1295  Email: info@lbridge.com Copyright © 2003- by Language Bridge, LLC. All Rights Reserved.