General Terms & Conditions
This document governs all interpreting services provided by YELLOW HUB Srl (hereinafter YH), with registered and administrative offices in Via Napo Torriani 29, 20124 Milan, VAT No. 00824050967, acting as provider of language services, to its client company (hereinafter the “Client”).
Exceptions or amendments to the General Terms & Conditions herein will not be valid unless expressly accepted in writing by the parties. If any provision of this document should be considered invalid or ineffective, said invalidity or ineffectiveness does not affect validity of remaining provisions, which will continue to be fully effective.
Neither Party has the right to transfer this Agreement to a third Party without written consent of the other Party.
If the contractual obligations between the Client and Yellow Hub are governed by a specific Contract or Frame Agreement, the interpretation of this special Contract/Agreement will prevail and the “General Terms & Conditions” hereof will have residual validity.
For the purpose of Art. 1432 (Italian Civil Code), upon confirmation of the each order, the Client hereby specifically accepts the following provisions : 1.5. Changes to the contract 1.6. Project and service information; 1.8 Cancellation Policy; 1.9. Illegal content; 2. Discrepancies, faults and failings; 5.1. Joint and several liability; 5.2. The client’s right to withdraw; 5.4. Early termination clause; 7. Applicable law and jurisdiction and the Privacy Statement below
The “Contract” is executed when the Client accepts the quote or confirms the order in writing. These General Terms and Conditions are an integral part of the Contract.
YH quotes are based on the type of service, its purpose, the format of deliverables and any customization requested for the project by the client. CLICK HERE for YH SERVICES.
1.1 Reference person
Each party shall indicate the name of its contractual contact person authorized to manage communications between the parties for the success of the service
1.2 Order number and Client data
The Client shall provide YH with the necessary administrative data for executing th order: order number, cost center, description to be mentioned on the invoice, Ordering Client, Billing Client if different from the Ordering Client.
1.3 Quote
Quotes for Interpreting Services are based on the information provided by the Client. In order for YH to evaluate and quote the service mode that best suits the Client’s needs, the latter will clearly indicate the information that is needed to define the service, some of which is particularly important in the case of face-to-face interpreting services, namely:
Purpose of the service; work languages and their language combinations; number and profile of participants; number and profile of speakers; place and start date of the event; positioning of interpreters in relation to speakers and end users; date and time of expected start and end; number of days and hours expected, any extra hours, equipment (microphones, audio-receiver headphones and soundproof booths) or platforms for remote interpreting, authorization to record and use the interpreters’ oral production in streaming.
The Client shall also indicate in advance the following elements:
Information meetings expected duration (briefings) and any days not worked between two working days (jour chomé), the transfer time (manque à gagner) during which the interpreter will not be able to perform other services. These elements will be quoted at 50% of the agreed compensation for the service.
Based on this information, YH will be able to submit the relevant quote also indicating: number of interpreters needed, how the team of interpreters shall be arranged by language combination, travel and business expenses, cancellation policy provided for the service mode, elements to be quoted at 50%.
Quotes may be expressed in different units of measurement: days, hours, units or per project. YH’s quote for an Interpreting Service is binding upon acceptance of the relevant quote or order confirmation and is subject to the cancellation policy indicated on the invoice.
1.4 Quote validity
Each quote shows a validity date; YH cannot guarantee the same conditions in the case of projects confirmed after the date of validity on the quote.
1.5 Changes to the contract
The Client has the right to request that changes be made to the service (addition of language combinations, number of interpreters, change in the duration or place of performance of the service, etc.). YH will submit a new quote to the Client based on the requested changes, which must be approved.
YH has the right to withdraw from the contract if the changes involve significant variations of the service conditions that may jeopardize quality.
YH will not introduce any changes to the contract without the written permission of the Client. However, if the Client does not give its consent to solutions that are necessary for the quality of the service and that are a consequence of situations not foreseeable at the time of the quote, YH will not be able to provide a guarantee of quality for the Service.
1.6 Travel and Accommodation
Travels organized by the Client shall not compromise the personal health and safety of the interpreter thus compromising the quality of the service due to physical discomfort or stress. Conversely, YH is entitled not to execute the Service, or to withdraw from the contract if already executed, at any time, without any liability.
The quote for the interpreting service may include the interpreter’s travel and accommodation expenses or the Client may decide to provide them directly.
According to the general conditions of the interpreters’ associations, the interpreter shall comply with principles of reasonableness for booking travel and hotels:
1.7 Cancellation Policy
The cancellation of an interpreting service is subject to the following Cancellation Policy:
1.8 Illegal content
The Client is responsible for the contents of the Interpreting Service and shall indemnify YH against any damage or negative consequence they may suffer in connection with the same. YH reserves the right to refuse assignments where the material provided by the Client is deemed as illegal, immoral, inappropriate or detrimental to the rights of others.
1.9 Registration and Disclosure
As a general rule, interpreting services are provided for immediate and direct use by end users. Any recordings, as well as any broadcasting of the interpreter’s voice on radio, television, the internet or other means, require the prior written consent of YH.
If the interpreting service is recorded and made available to the public or disseminated, the Client shall display on communication media used (especially if intended for the web), a declaration in which it is explicitly stated that it is an interpreting service, (possibly specifying whether simultaneous, chuchotage, consecutive), and make clear that the purpose of the interpreting service cannot be a faithful reproduction word by word of the speakers words.
1.10 Specific risks pursuant to art. 26 D.Lgs. 81/08, paragraph 2).
YH also disclaims liability pursuant to Article 26 of Legislative Decree 81/08 paragraph 2). In the event that f the Client has not made YH aware of the safety statement on the specific risks existing in the location where the Service will take place and on the prevention and emergency measures taken by the Client, YH is entitled to withdraw from the Contract/terminate the Service.
1.11 Resources
YH reserves the right to engage international resources, if needs be, for the execution of Interpreting Services. All resources are carefully selected , qualified and accredited in compliance with YH Procedure for Qualification and accreditation of interpreters, certified ISO 9001:2015 and ISO 18841:2018 to ensure they meet YH quality standards, share YH commitment to experience and competence and respect YH data protection and non-disclosure regulations.
YH guarantees that the Services provided will be performed professionally and monitored with a risk-averse approach at every stage of the Interpreting Project. YH’s quality assurance on the Services delivered is service-specific and therefore depends on the Service mode provided and on the compliance with the Client’s requirements as specified in the order confirmation.
YH disclaims liability for discrepancies, faults and failings due to incorrect or incomplete information from the Client or errors contained in original reference documents and instructions supplied by the Client. Unless otherwise provided for by the Client, YH interpreters will adopt the terminology most commonly used in the relevant domain.
The Client shall inform YH in writing about discrepancies, faults and failings in the services provided, within the terms established by law pursuant to Art. 2226 of the Italian Civil Code. Claims for discrepancies, faults and failings shall be documented in writing with clear indication of any alleged fault or discrepancy. Yellow Hub shall possibly provide substitute resources to execute the service.
YH’s liability for any contractual or non-contractual reason including any direct and/or indirect damage suffered by the Client or third parties, may not exceed an amount equal to the compensation indicated in the quote for the project.
YH undertakes to keep confidential both the contents of the Interpreting Service, if requested, and any reference material provided by the Client. YH and the Client mutually agree to keep all information and documentation exchanged strictly confidential – whether such information concerns production, technology, commercial, governance, financial or HR management – and to use it for the sole purpose of executing the contract.
Information already in the public domain at the time of disclosure, or that subsequently becomes so for reasons which are not within YH responsibility, or information whose disclosure is provided for by law or required by a public authority, shall be exempted from this non-disclosure clause.
YH ensures that both its in-house staff and its interpreters are committed to confidentiality through specific non-disclosure obligations imposed by YH on them.
In accordance with European Regulation 679/2016 YH has implemented suitable technical and organisational measures to ensure compliance with EU regulations
In compliance with its principles of transparency, YH confirms that the only data concerning the client are registered and maintained for contractual, administrative and project-related purposes and they are processed for the sole purpose of executing the services assigned to YH, in order to monitor client satisfaction, claims and provide information on new services.
Yellow Hub SRL, in the person of its Legal Representative, is the Data Controller responsible for the protection of personal data.
Please refer to YH’s Privacy Statement below for additional information and acceptance.
5.1. Joint and several liability
If the Ordering Client decides, after having confirmed an order, that the Services shall be billed to another company or branch, (Billing Client) with a different VAT number and company name, the Ordering Client upon order confirmation shall provide YH with the Billing Company’s administrative data and the reference data of the legal representative of the Billing Client, or the person of the Billing Client who is authorized to confirm the order. If these data have not yet been supplied to YH before the start of the Interpreting Service. YH is entitled not to execute the contract. Should the Interpreting Service already been performed and the relevant invoice issued in the name of the Billing client and the relevant invoice be overdue, after a first reminder is sent by certified email, the Ordering Client shall be deemed jointly and severally liable for payment, and hence shall take full responsibility for the Billing Client’s obligations to settle the invoice.
5.2. The client’s right to withdraw
In the event of withdrawing from the contract unilaterally and without just cause, the Client shall be obliged to pay all the expenses and fees due to YH and accrued until receipt of the written declaration of withdrawal pursuant to Art. 227 of the Italian Civil Code.
5.3. Statutory interest on late payment
If payments are overdue for more than 90 days from the date of payment indicated on the invoice, YH reserves the right to charge the Client with statutory interest on late payments and bank or legal charges pursuant to the Italian Legislative Decree No. 231 of 9 October 2002, as amended.
5.4. Early termination clause
In the event there is an ongoing contract with the Client and the Client has late payments exceeding 90 days, YH will send a written reminder by certified mail. If the Client fails to settle the outstanding invoice/s within 7 (seven) days, the ongoing contract/s will be automatically terminated, pursuant to Art. 1456 of the Italian Civil Code and the Client is committed to pay for the portion of the work already executed thus far.
6.1. Code of Ethics
YH operates in compliance with a Code of Ethics based on principles of loyalty and fairness towards all its stakeholders. The principles of the YH Code of Ethics govern the business relation between the Client and YH. To acknowledge our Code of Ethics, please refer to our website www.yellowhub.it
6.2. Reference standards
YH is certified ISO 18441 for interpreting services. It is also certified ISO 9001:2015 for its Quality Management System, ISO 17100:2017 for the processes related to the execution of translation services, ISO 13485: 2016 A11:2021 for the regulated management of multilingual documents for pharma and medical devices manufacturers and distributors UNI PDR 125 for gender equality and thus
advocates professional growth of its resources and contributes to combat violence and harassment in the community in which it operates. YH is also certified for having implemented the Management Model for Organizations, ex Decree Law 231/2001 whose scope is that of ensuring the administrative liability.
The Contract and the General Terms & Conditions herein are governed by the Italian Civil Code and by the Italian law.
For the resolution of disputes about the interpretation or execution of the obligations arising from or in any way connected with the Contract and the General Terms & Conditions herein , the Parties accept hereby the jurisdiction of the Italian Law and of the Court of Milan.
(Article 13, GDPR 2016/679)
Yellow Hub Srl, based in Milan, Via Napo Torriani 29, respects your privacy concerns. Hence, YH hereby wishes to inform you for what purposes your personal data are used, how they are protected and requests that you give your consent hereby.
Your personal data may be processed for the following purposes:
Processing scope
Yellow Hub’s data processing scope covers: collection, registration, organization, storage, modification, extraction, portability, limitation, cancellation and destruction of your data.
Processing method
Your data will be processed either in hard copy or in electronic form, depending on the purpose for which they are processed by Yellow Hub who is committed to respect the obligations of fairness, lawfulness and transparency imposed by the Regulation to protect your privacy rights.
The databases in which your personal data are stored meet the security requirements pursuant to articles 24 and 25 of the EU Regulation. Access to the databases by Yellow Hub staff is regulated by our Privacy Policy. Access is enabled depending on the tasks and responsibilities of the staff members and is tracked by our computer system.
Nature of personal data
The following data may be subject to processing:
Personal and business contact information (such as name, surname, company role, company name, postal address, e-mail address, telephone and fax number), and other personal information we may need to customize a service (in particular, to organize a training courses for specific needs, for example your level of knowledge of a language and your objectives).
Mandatory nature of personal data collection
Processing your data is necessary to fulfil contractual, legal, administrative and fiscal obligations. Failure to communicate or the incorrect provision of your personal data may affect the Data Controller’s ability to comply with the contractual agreements or the obligations pursuant to current legislation provisions.
Scope of communication and dissemination of data
Your data will not be disseminated externally. Yellow Hub may only communicate your data to:
In this regard, please note that Yellow Hub accepts no liability for the use of your personal data by a resource of Yellow Hub in the event that you consent to the same resource to use your personal data after the conclusion of the service under contract with Yellow Hub.
Yellow Hub requests its resources to sign a binding non-disclosure contract for the use of your personal data during the service and to destroy your personal data at the end of the service
Any further communication will take place only with your explicit consent.
Maximum retention period
Your data collected for mandatory purposes will be stored by Yellow Hub for the period of time provided for by current legislation; instead, data collected for other purposes will be stored and used until you revoke your consent.
Rights of the data subject
You can exercise your rights of access (Article 15), rectification (Article 16), erasure/’right to be forgotten’ (Article 17), restriction of processing (Article 18), and data portability (Article 20) under the EU regulation, by contacting the Data Controller or the Data Processor (privacy.gdpr@yellowhub.it).
Revoking consent
In accordance with the available choices and as required by current regulation, you may revoke your previous consent or raise objections to the processing of your data at any time, for legitimate reasons and without charges, by contacting the Data Controller or the Data Processor (privacy.gdpr@yellowhub.it): the preferences expressed by you will be applied.
The Data Controller is Yellow Hub, in the person of its legal representative.
