Description of Services

ALTA is not responsible for proctoring tests. Proctoring procedures are at the Customer’s discretion. ALTA partners with ProctorU to proctor Listening & Speaking IVR and online tests for additional fees as per Addendum C.

1. AUTOMATED (IVR): LISTENING & SPEAKING ASSESSMENT– BILINGUAL MEDICAL ASSESSMENT – HEALTHCARE INSURANCE TERMINOLOGY ASSESSMENT – INTERPRETATION: ALTA shall provide automated (IVR) listening & speaking, bilingual medical, healthcare insurance terminology, and/or interpretation language assessments by telephone for individuals identified by Customer in the language(s) specified by Customer and offered by ALTA.
   a)  Customer will assign the test through the ALTA portal.
   b)  The testing candidate may call in at any time for their automated oral language evaluation.
   c)  The completed exam will be submitted to ALTA electronically for scoring.
   d)  ALTA will score each candidate’s performance according to specified grading criteria.
   e)  The results of all evaluations will be submitted by ALTA to Customer’s administrative contact by email.
   f)  ALTA will not discuss the testing results with the testing candidate.
2. ONLINE WRITING ASSESSMENT – TRANSLATION ASSESSMENT: ALTA shall provide online and/or paper writing and/or translation language assessments for individuals identified by Customer in the language(s) specified by Customer and offered by ALTA.
   a)  Customer will assign the test through the ALTA portal.
   b)  Customer will submit completed exams back to ALTA electronically through the ALTA online testing portal.
   c)  ALTA will score each candidate’s performance according to specified grading criteria.
   d)  The results of all evaluations will be submitted by ALTA to Customer’s administrative contact by email.
   e)  ALTA will not discuss the testing results with the testing candidate.
3. ONLINE MULTIPLE-CHOICE ASSESSMENTS: READING COMPREHENSION : ALTA shall provide online reading comprehension, listening comprehension, and /or medical terminology, for individuals identified by Customer in the language(s) specified by Customer and offered by ALTA. ALTA shall provide the online Code of Ethics test in English for individuals identified by Customer.
   a)  Customer will assign the test through the ALTA portal.
   b)  Customer will submit completed exams back to ALTA electronically through the ALTA online testing portal.
   c)  ALTA will score each candidate’s performance according to specified grading criteria.
   d)  The results of all evaluations will be submitted by ALTA to Customer’s administrative contact by email. 
   e)  ALTA will not discuss the testing results with the testing candidate.
4. LIVE AUDIO OR VIDEO INTERPRETATION ASSESSMENT: ALTA shall provide interpretation assessments for individuals identified by Customer in the language(s) specified by Customer and offered by ALTA.
   a)  Customer will arrange for the language evaluation testing date and times with ALTA. ALTA’s office hours are Monday through Friday, from 9:00am ET to 6:00pm ET.
   b)  Customer may change the schedule for the testing, without penalty, up to 6:00pm ET on the business day (i.e., Monday through Friday) prior to the test.
   c)  ALTA will provide a 15-minute period for each candidate to appear for his or her scheduled language evaluation test. Candidates are free to call in 5 minutes prior to and 10 minutes following the scheduled start time of their test. If candidate fails to appear by the 10-minute additional time period, Customer will be charged for the testing as if it had taken place and will be required to reschedule such candidate’s evaluation testing if it so desires.
   d)  ALTA will score each candidate’s performance according to specified grading criteria.
   e)  The results of all evaluations will be submitted by ALTA to Customer’s administrative contact by email.
   f)  ALTA will not discuss the testing results with the testing candidate.

Pricing Validity

Notwithstanding the foregoing, ALTA reserves the right to modify these prices at its sole discretion.

Terms and Conditions

1.  About these Terms and Conditions
   • These general terms and conditions (“Terms and Conditions”) are attached to and made a part of the quotation delivered to the person or entity requesting services (the “Customer”) by ALTA Language Services, Inc. (“ALTA”).
2. Services to be Provided
   • ALTA will provide Customer with any language testing Service(s) as set forth above. It is understood that Customer will determine the services to be provided and will request the services when necessary. The term “Services” in these Terms and Conditions means all the services described above.
3. Fees and Billing Procedures
   • Customer will pay ALTA the testing fees as listed above and, if using ProctorU services, the additional proctoring fees specified above. Customer shall pay ALTA for Services rendered no later than thirty (30) days after receipt of an invoice from ALTA.
4. Relationship of the Parties
   • In performing the responsibilities hereunder, ALTA is acting as an independent contractor, and nothing contained herein shall be construed to create a partnership, agency, joint venture, or employer/employee relationship between the Parties. ALTA will be solely responsible for all employment and income taxes with respect to its compensation. Neither Party has the authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, the other Party or to bind such other Party in any way. Each Party shall be responsible for its own social security, withholding, and other applicable tax obligations.
5. Indemnification
   • Each party (the “Indemnifying Party”) hereby agrees to save, defend, indemnify and hold harmless the other party and its officers, directors, employees, consultants and agents (each an “Indemnified Party”) from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expense and attorneys’ fees (“Losses”), to which the Indemnified Party may become subject as a result of any claim, demand, action or other proceeding by any Third Party to the extent such Losses arise directly or indirectly out of activities performed by the Indemnifying Party pursuant to these Terms and Conditions, except to the extent such Losses result from the gross negligence or willful misconduct of any Indemnified Party. In the event an Indemnified Party seeks indemnification under this Section 5, it shall inform the Indemnifying Party of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.
6. Limitation of Liability
   • ALTA shall not be liable for any indirect, special, punitive, or consequential damages which arise under or relate to these Terms and Conditions, including but not limited to lost profits. ALTA’s aggregate liability under these Terms and Conditions shall be limited to the amount of fees paid by Customer hereunder. Except as represented in these Terms and Conditions, the Services are provided AS IS, without warranty.
7. Confidential Information
   • ALTA acknowledges that any and all proprietary information supplied to ALTA by or on behalf of Customer shall be treated as confidential and shall not be disclosed to any third party for any purpose except in connection with the provision of the Services provided hereunder. ALTA shall take appropriate actions by instruction or agreement with each of its employees, contractors, agents and representatives to keep such information confidential.
8. Prohibition of Use of Personal Identifiable Information for Unauthorized Purposes
   • a)  Definition of Personal Identifiable Information: For the purposes of these Terms and Conditions, “Personal Identifiable Information” or “PII” shall include, but is not limited to, any and all data that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. This specifically includes voice recordings and any other biometric data.
   • b)  Prohibition of Use Outside Scope of Terms and Conditions: Customer shall not use, or permit to be used, any PII, including voice recordings, provided under these Terms and Conditions for any purposes outside the expressly defined scope of work in these Terms and Conditions. This includes, but is not limited to, the use of such PII in the training, development, testing, or improvement of artificial intelligence (AI) systems or algorithms, except where such use is explicitly agreed upon in a separate written Terms and Conditions.
   • c)  Requirement for Explicit Consent: In cases where Customer wishes to utilize PII, including voice recordings, for purposes beyond the agreed-upon scope, including for the training of AI systems, explicit written consent must be obtained from ALTA. ALTA shall be solely responsible for obtaining such consent from the relevant individuals.
   • d)  Responsibility and Liability: Customer acknowledges full responsibility and liability for any unauthorized use of PII, including voice recordings. Such unauthorized use may result in immediate termination of these Terms and Conditions and may subject Customer to legal penalties and damages.
   • e)  Notification of Breach: Customer agrees to promptly notify the Company in the event of any breach of this clause, including any unauthorized use of PII.
   • f)  Survival: This clause shall survive the termination of these Terms and Conditions and shall be binding upon Customer and their successors, assigns, and legal representatives.
9. Deletion of Personal Identifiable Information of Individuals Associated with Customer
   • Upon written request of an individual associated with Customer and whose information is stored in ALTA’s servers and databases (testing candidate, etc.), with or without Customer’s knowledge of such request, ALTA is authorized to delete this individual’s Personal Identifiable Information (PII) from its records, unless applicable law requires storage of such PII. PII incudes a person’s name, email address, phone number or any other information that would, directly or indirectly, identify an individual. PII maintained in the system is not shared with agencies, organizations, or individuals external to ALTA.
10. Entire Terms and Conditions; Modification
    • These Terms and Conditions represent the entire Terms and Conditions between the Parties with respect to the subject matter hereof and supersedes all other prior or contemporaneous negotiations and agreements, written or verbal, between the Parties relating to the matters contemplated hereby.
11. Use of Logo
    • Customer hereby grants to ALTA the express right to use Customer’s company logo in marketing, sales, public relations materials and other communications solely to identify Customer as an ALTA customer.
12. Notices
    • All notices or communications required or permitted to be given hereunder shall be in writing and shall be effective when transmitted, with machine generated transmittal confirmation, if sent by fax to (a) Customer at its address or fax number in its correspondence to ALTA, or (b) ALTA at its address or fax number shown on its correspondence to the Customer. A notice shall be deemed effective if sent by email to (a) Customer at its email address shown in its correspondence, or (b) ALTA, at its email address shown in its correspondence to the Customer, and such notice shall be deemed to be received on the day it was sent.
13. Waiver
    • No failure or delay by any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver thereof and any written waiver in one or more instances shall not be deemed to be a further or continuing waiver of any such right, power or privilege.
14. Successors and Assigns
    • Subject to the immediately succeeding sentence, these Terms and Conditions shall inure to the benefit of and be binding upon the Parties and their successors and assigns. Neither ALTA nor Customer may assign or otherwise transfer its interest hereunder without the prior written consent of the other Party.
15. Severability
    • If any provision of these Terms and Conditions shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect, and the Parties hereto shall continue to be bound thereby.
16. Headings
    • The section headings in these Terms and Conditions are for conveniences only; they form no part of these Terms and Conditions and shall not affect its interpretation.
17. Governing Law
    • These Terms and Conditions shall be construed, and its validity determined by the laws of the State of Georgia. Any suits, claims or causes of action arising from these Terms and Conditions shall be brought in a court in Fulton County, Georgia and all objections to venue and personal jurisdiction in such forum are waived. Should any litigation, including appellate proceedings, be required by ALTA to obtain payment of the Service Fee or any other fees or expenses provided for herein, Customer shall be obligated to pay ALTA’s reasonable attorneys’ fees actually incurred, interest, and other costs incident to collection.