Executive Multilingual Services - World Wide Translation and Interpretation Services

Business Conduct

CODE OF BUSINESS CONDUCT
This Code of Business Conduct was last updated on [February 28th, 2005]

THIS CODE OF BUSINESS CONDUCT CONTAINS INFORMATION ABOUT YOUR PRIVACY RIGHTS AND HOW EXECUTIVE MULTILINGUAL SERVICES STRIVES TO PROTECT YOUR PRIVACY. BY USING OUR SERVICES, YOU SIGNIFY THAT YOU AGREE WITH THESE TERMS.

As an EMPLOYER of translators and Interpreters, we will uphold the below standards in conducting my business. The Executive Multilingual Services (EMS) further commits itself to the following fair practices in dealing with translators and interpreters.
We will clarify all aspects of my contractual relationship with translators and/or interpreters and state my expectations regarding the assignment(s) from the outset, preferably in writing.
We will strictly adhere to the agreed terms of this relationship, including the payment deadline and will not capriciously change the job specifications after the translator(s) and/or interpreter(s) work has begun.
We will not require translators or interpreters to do unpaid work against the prospect of a paid assignment; if we fail to resolve the problem, we will seek an arbitrator.
We will deal directly with the translator(s) and/or interpreter(s) in the event of any dispute about an assignment; if we fail to resolve the problem, we will seek an arbitrator.
We will not use the translators' and/or interpreters’ credentials in bidding for a job or promoting EMS without the translators' and/or interpreters’ consent or without the bona fide intention to use the translators' and/or interpreters’ services.

In the case of translations intended for publication or performance, I will grant translators recognition of the kind traditionally granted authors, including mention of their names on the title page and jacket of the published translation or in the theater program and in the advertising of the work. In the case of commercially published or produced works, I acknowledge the translators' rights to approve or reject any substantial changes in the translated text, or, alternatively, to have their names removed from the work without prejudice to the agreed payment.

All affiliates acknowledge that EMS is bound by the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended ("FIPPA"). During and after the term of this Agreement, all affiliates will respect the letter and spirit of FIPPA. Without limiting the foregoing and for greater certainty you: (i) shall maintain, and where necessary, implement the necessary security mechanisms and procedures to ensure against the direct or indirect unauthorized access, use, disclosure, alteration, loss or destruction of any Personal Information provided by EMS or otherwise obtained by you in the course of your performance of the Services hereunder; (ii) shall, when requested by EMS, co-operate with the fulfillment of EMS disclosure duties under FIPPA; and (iii) shall, within 30 (thirty) days following the completion of each assignment made pursuant to this Agreement, return or destroy all Personal Information and Confidential Information of EMS, including copies existing of any format, to EMS, or, where the Personal Information is an electronic format, delete such information in such manner that the information cannot be recovered and, where appropriate, provide EMS with a “Certificate of Destruction” certifying that all Personal Information and Confidential Information of EMS in your possession relating to the assignment has been destroyed.

For the purposes of this section, “Personal Information” has the same definition as in subsection 2(1) of FIPPA, and includes all individual’s name, address, age, date of birth, sex, and religion, whether recorded in printed form, on film, by electronic means or otherwise and disclosed to you pursuant to this Agreement. Each of the parties acknowledges that in the event of any conflict between section and the balance of this Agreement, this section will prevail.

Affiliates of EMS agree and acknowledge that all Assignments contributed to or created by Affiliates in the course of providing the Services should be the sole and exclusive property of EMS Affiliates hereby expressly and irrevocably grant, assign and transfer to EMS all rights, including without limitation, all copyright, rights and patents, trade secrets and other intellectual property rights, title and interest in and to any and all the Assignments resulting form the Services (the “Rights”), and shall ensure that each person providing Services hereunder waives any moral rights in such works. Affiliates agree to confirm such ownership in writing and to execute any Assignments reasonably by EMS

Translators
EMS affiliates shall be bound by the strictest secrecy, which must be observed towards all persons and with regard to all information disclosed in the course of the practice of the profession at any Assignment. Affiliates shall refrain from deriving any personal gain whatsoever from confidential information they may have acquired in the exercise of their duties as translators.

I (TRANSLATOR) affiliate of EMS; I stand between two languages and act as a bridge to convey the free passage of ideas from one side to the other. Because my knowledge, skill, and discretion are essential to intellectual commerce, I commit myself to the highest standards of performance, ethical behavior, and sound business practice.

I will endeavor to translate with utmost accuracy and fidelity, so that I convey to the readers of the translation the same meaning and spirit the original conveyed to me. I acknowledge that level of excellence requires:

1. Mastery of the target language equivalent to that of an educated “native speaker”;
2. Up-to-date knowledge of the source language and the subject area sufficient to understand the message;
3. Continued efforts to improve my professional skills and to broaden and deepen my knowledge.

I will be truthful about my qualifications and business and will not accept any assignment for which I am not fully qualified, without the express consent of my client.
I will safeguard the interests of my clients as my own and divulge no confidential information.
I will derive no personal profit or financial gain from confidential information I receive in my professional capacity.
I will clarify all aspects of my contractual relationship with my client, preferably in writing, prior to performing any assignment and will strictly adhere to the agreed terms.
I will notify my clients of any unresolved difficulties I may encounter in the performance of the assignment.
I will respect and refrain from interfering with the business relationship that exists between my client and my client's client.

Interpreters
EMS affiliates shall be bound by the strictest secrecy, which must be observed towards all persons and with regard to all information disclosed in the course of the practice of the profession at any gathering not open to the public. Affiliates shall refrain from deriving any personal gain whatsoever from confidential information they may have acquired in the exercise of their duties as interpreters.

I (INTERPRETER) will endeavor to interpret with utmost accuracy and fidelity, so that I convey the message and keep the same meaning and spirit. I acknowledge that level of excellence requires:
1. Post-secondary education in both pair languages.
2. Up-to-date knowledge of the source and target language.
3. Continued efforts to improve my professional skills and to broaden and deepen my knowledge.

I will safeguard the interests of my clients as my own and divulge no confidential information.
I will derive no personal profit or financial gain from confidential information I receive in my professional capacity.
I will clarify all aspects of my contractual relationship with my client, preferably in writing, prior to performing any assignment and will strictly adhere to the agreed terms.
I shall not accept any assignment for which I am not qualified. Acceptance of an assignment shall imply a moral undertaking on my part to work with all due professionalism.
Any affiliate of EMS recruiting other interpreters, be they affilliates of EMS or not, shall give the same undertaking.
Affiliates shall not accept more than one assignment for the same period of time.
For any professional purpose, affiliates may publicise their credentials and affiliates of EMS, either as individuals or as part of any grouping or region to which they belong.
Affiliates shall refrain from any utterance or action prejudicial to the interests of EMS or its other affiliates. Any complaint arising out of the conduct of any other affiliate or any disagreement regarding any decision taken by EMS shall be pursued and settled with EMS itself.
Any problem pertaining to the profession which arises between two or more EMS affiliates, may be referred to an arbitrator.

Conference Interpreters - Working Conditions
With a view to ensuring the best quality of interpretation, affiliates of EMS:

shall endeavour always to secure satisfactory conditions of sound, visibility and comfort, having particular regard to the Professional Standards as adopted by EMS as well as any technical standards drawn up or approved by it.
shall not, as a general rule, when interpreting simultaneously in a booth, work either alone or without the availability of a colleague to relieve them should the need arise.
shall try to ensure that teams of conference interpreters are formed in such a way as to avoid the systematic use of relay.
shall not agree to undertake simultaneous interpretation without a booth and where the quality of interpretation work is not thereby impaired.
shall require that working documents and texts to be read out at the conference be sent to them in advance.
shall request a briefing session whenever appropriate.
shall not perform any other duties except that of conference interpreter at conferences for which they have been taken on as interpreters.
Affiliates of EMS shall neither accept nor, a fortiori, offer for themselves or for other conference interpreters recruited through them, be they affiliates of EMS or not, any working conditions contrary to those laid down in this Code of Business Conduct.

AMENDMENT PROCEDURE
This Code of Business Conduct may be modified by a decision of The Management, provided a legal opinion has been sought on the proposals.

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