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a) These terms of service specify the rules for the provision of services by the translator Karolina Kloc, e-mail address: karolinakloc.work@gmail.com, hereinafter referred to as the "Commissioned Party," on behalf of the natural or legal persons commissioning the Service , hereinafter referred to as the "Ordering Party."
b) The commissioned Services is to be performed personally by the Commissioned Party or its subcontractor, for whom the Commissioned Party shall be liable.
c) All services included in Services (hereinafter called as "Services", "Service" or "Commissions") provided by the Commissioned Party include translation, proofreading, localisation, and post-editing of texts as described in the section Services, which does not constitute a scope of commercial services within the meaning of the Civil law and is provided for information purposes only. The scope of the Services may be modified in accordance with the Commissioned Party capabilities, as well as in accordance with the Ordering Party's requirements.
d) The use of the services provided by the Commissioned Party shall be tantamount to accepting the provisions of these Terms and conditions and Privacy Policy.
e) The Services are not provided by a sworn translator within the meaning of the Act of 25 November 2004 on the Profession of Sworn Translator.
f) The services are provided as part of an unregistered business, in accordance with the provisions of the Act of 6 March 2018 – Entrepreneurs’ Law Act.
g) An unregistered business means that the Commissioned Party monthly income does not exceed half the gross minimum wage set for particular the calendar year.
h) The Commissioned Party does not hold a NIP or REGON number. In the event of issuing an invoice or fulfilling an order.
i) All obligations arising from consumer protection legislation are fulfilled by the Commissioned Party on the same terms as in the case of a registered business.
a) Ordering Party commissions the performance of the Service by sending to the Commissioned Party's e-mail address the material to be translated, corrected, post-edited or localised. If the scope of the Service, i.e., the inclusion or non-inclusion of specific parts of the text in the submitted material, is not specified in advance, it is assumed that the entire submitted material is subject to the Service.
b) Commissioned Party each time presents the conditions for the delivery of the Services on the basis of the material provided by the Ordering Party, i.e., he price for the performance of the Service and the period for the performance of the Service). This stage is non-binding for both parties.
c) If the Service is confirmed on the basis of only part of the text being presented, the validity of the confirmation for the remaining parts depends on the similarity of the material (including the length of the text) to the parts presented at the time of order confirmation; otherwise, the Commissioned Partyshall be entitled to refuse to carry out the remaining part of the order or to amend the terms of its performance.
d) All terms and conditions of the Service must be agreed upon prior to its confirmation, whilst any changes to the terms and conditions of the Service performance require the other Party’s acceptance.
e) An order shall be deemed binding upon the Commissioned Party receipt of confirmation from the Ordering Party, followed by the Commissioned Party’s final confirmation thereof. An email shall also be deemed to constitute written form. Failure to obtain unequivocal acceptance from each of the Parties shall mean that the order will not be carried out.
f) Materials for translation, proofreading, localisation or post-editing must be sent electronically.
g) If the material supplied is provided to the Commissioned Party in a non-editable format, the Commissioned Party reserves the right to provide a preliminary quote, and the final cost of the Service will be determined on the basis of the completed translation.
h) The billing unit is a billing page comprising 1,800 characters, including spaces, as counted in the source text, subject to cases where the Ordering Party provides the material referred to in point f) of this section.
i) The first page of the Service is counted as a full page, and each subsequent page is rounded to the nearest half-page, unless the Parties agree otherwise.
j) The Commissioned Party or shall not be responsible for the graphic design of the text, but shall endeavour to retain the original layout of the document.
a) The Commissioned Party undertakes to carry out the work in a professional manner, to the best of their knowledge and experience.
b) The Commissioned Party shall not be liable for failure to meet the agreed deadline for reasons beyond its control. The Commissioned Party is obliged to notify the Ordering Party immediately of any circumstances that hinder or prevent the timely completion of the order.
c) Should the circumstances referred to in the point b) of this section arise, the Commissioned Party shall use its best endeavours to offer the Ordering Party alternative solutions to ensure the order completion.
d) The final version of the Service should be sent as an attachment by email in *.doc or *.docx format, unless the Parties agree otherwise.
e) The Ordering Party may cancel the Order electronically by sending an email to the Commissioned Party’s address. In the event of cancellation of the Service, the Ordering Party will be charged for the costs arising directly from the volume of material translated or proofread up to the time the Commissioned Party receives the cancellation, but not less than 30% of the order value. The Ordering Party may not cancel the Service on the final day of its performance.
f) The date of sale shall be deemed to be the date on which the Service is delivered. Settlement shall be made on the basis of the Commissioned Party’s assessment, with a 7-day payment term, unless the Parties agree otherwise.
g) The Ordering Party may be asked to pay for the Service before it is provided, into the bank account specified by the Commissioned Party in an email.
h) The Ordering Party shall acquire the economic copyright to the translation in all fields of exploitation upon full payment to the Commissioned Party for the provision of the Service, unless the Parties have agreed otherwise.
a) The Ordering Party must lodge a complaint within 5 calendar days of receiving the completed Service from the Commissioned Party.
b) The Commissioned Party shall not be liable for errors arising from deficiencies in the source text (illogicality or illegibility of the text, factual errors), nor for situations where the characteristics of one of the languages (or both) make it impossible to produce an accurate translation.
c) The Commissioned Party shall not be liable for Services provided on an urgent or express basis, i.e. translations exceeding 6 pages per day, or texts exceeding 20 pages for proofreading. In such cases, complaints may only relate to serious factual errors.
d) The Ordering Party is responsible for ensuring that the final translation or proofread text is subject to linguistic or content-related verification before it is sent to print.
e) The Commissioned Party reserves the exclusive right to amend the Service that is the subject of the complaint.
f) The Parties shall endeavour to avoid disputes, and any disputes shall be resolved, in the first instance, by mutual agreement.
a) When commissioning the Service, the Ordering Party may reserve the right – or waive it – for the Commissioned Party to display the Ordering Party’s logo on the website in the Selected Projects section.
b) The Commissioned Party reserves the right to amend these Terms and Conditions.
c) If the Terms and Conditions of Service are amended whilst an order is being processed, only the provisions presented to the Contractor as applicable prior to the confirmation of the order shall apply.
d) Any amendments to these Terms and Conditions shall come into force on the date of their publication on this website.
e) These Terms and Conditions shall become binding on the Parties upon acceptance and confirmation of the Comission for execution.
