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Rules and regulations

 

 

Effective from 1 September 2011



Regulations for the Provision of Translation Services by BIURO TŁUMACZEŃ VIVALANG G.D. Kucharczyk s.c. (hereinafter “VIVALANG”)


 

Art. 1
General


1. VIVALANG provides paid services such as text translation, interpreting and conference equipment rental in accordance with these Regulations, hereinafter referred to as “the Regulations”, as well as adopted good practices.

 Art. 2
Placing Orders
1. The Commissioning Party and VIVALANG shall personally, in writing or via other means of communication, agree on the scope of the Order and deadline for its execution. Pursuant to these arrangements, VIVALANG shall provide the Commissioning Party with a quote.
2. The Commissioning Party shall, without delay, confirm the receipt of the quote by e-mail or fax, and the quote shall remain valid until the end of the working day on which it is made. At the Commissioning Party’s request, VIVALANG may extend the quote validity term or may provide a new quote. However, the above does not apply to interpreting jobs for which the quote validity term is defined by VIVALANG on a one-time basis.
3. The order is placed by filling out and signing the relevant order form by a person authorized to represent the Commissioning Party. Sample order forms for text translation and interpreting are available on www.vivalang.pl.
4. The order form should be delivered to VIVALANG in person, by e-mail (scanned) or by fax. If the order form is sent by e-mail or fax, VIVALANG may, at any time, request the Commissioning Party to provide the original signed form under pain of refusal to execute the order.
5. If the Commissioning Party is a Regular Customer of VIVALANG’s, the order may be placed by confirming the quote and order details in a response e-mail.
6. VIVALANG shall start working on the order immediately after the receipt of a written order form, filled out in accordance with the quote specifications and signed by the person authorized to represent the Commissioning Party.
7. The orders shall be placed in Polish or in English.
8. VIVALANG may refuse to accept an order without providing reasons and the Commissioning Party shall be immediately notified of the refusal. VIVALANG shall not be liable for any losses the Commissioning Party may suffer due to non-acceptance of the order by VIVALANG.
9. VIVALANG shall not accept any materials that include illegal content or that the Commissioning Party is not authorised to deliver.
10. VIVALANG may undertake to provide services following principles other than those specified herein. Such separate principles shall be defined by VIVALANG through individual arrangements with the Commissioning Party in the form of an agreement.
11. VIVALANG reserves the right to subcontract the services to its subcontractors.


Art. 3
Confidentiality Clause

 
1. The Parties shall keep confidential all information obtained for the purpose of the proper completion of the order. VIVALANG shall make confidential information available only to its employees and subcontractors for the purpose of completing the order.


Art. 4
Pricing
1. VIVALANG shall calculate the price for the services based on the VIVALANG Pricelist, attached as Appendix 3 hereto, and the detailed payment rules for particular services specified in Art. 7 and Art. 8 hereof.
2. The price is submitted to the Commissioning Party as part of the quote which the Commissioning Party accepts by signing the order form.
3. The payment is made based on a VAT invoice issued by VIVALANG.
4. The Commissioning Party shall authorise VIVALANG to issue a VAT invoice without the signature of the invoice recipient.
5. The Commissioning Party shall pay all amounts due within 7 days following the issue of the invoice. Extended payment deadlines may be agreed between VIVALANG and the Commissioning Party by way of individual arrangements.
6. The prices included in the VIVALANG Pricelist are net of VAT.


Art. 5
Copyright

 
1. If no separate agreement for translation is concluded, the Commissioning Party shall acquire the copyright to the translation following the payment of the full amount due based on the VAT invoice issued by VIVALANG.


Art. 6
Text translation

 
1. The standard page in the case of regular (i.e. non-certified) translation is 1500 characters including spaces. The number of standard pages is calculated on the basis of the source text. If the documents submitted for translation are non-editable, which means that it is impossible to calculate the number of characters, the parties agree upon an individual method for defining the price. VIVALANG has the right to increase the price by costs incurred in executing any necessary DTP tasks. Each new page is a full page.
2. The standard page in the case of certified translation is 1125 characters including spaces. The number of standard pages is calculated on the basis of the completed translation.
3. Orders fall into one of the following categories:
a) ordinary – up to 6 standard pages per 24 hours;
b) urgent – from 7 to 12 standard pages per 24 hours (regular translation: price up by 25%, certified translation: price up by 50%);
c) express – more than 13 standard pages per 24 hours (regular translation: price up by 50%, certified translation: price up by 100%);
d) superexpress – translation completed on the day of ordering (regular translation: price up by 100%, certified translation: price up by 100%).

4. VIVALANG has the right to apply a higher surcharge rate in the case of urgent, express and superexpress orders.
5. The Commissioning Party is aware and accepts that urgent, express and superexpress orders may be completed by a team of translators and proofreaders, which may affect the consistency of terminology and quality of translation.
6. Translations completed on the day of ordering are priced on the basis of superexpress rates.
7. If an order involves translating more than 13 standard pages per 24 hours, the rates are determined on a case-by-case basis.
8. The time-period (number of days) for order completion shall exclude: Saturdays, statutory holidays, including Sundays, the day of accepting the order and the day of delivering the completed translation to the Commissioning Party.
9. The translation price includes the cost of one printed copy.
10. If the Commissioning Party does not specify the hour of submitting the completed translation as part of order details, it shall be assumed that the translation may be submitted at the latest by 3pm on the deadline day.
11. The price for regular text translation does not include the service of editing for publication or wide circulation. Texts intended for publication or wide circulation undergo additional proofreading that VIVALANG may perform for an additional charge. The Commissioning Party shall inform VIVALANG if the text submitted for translation is intended for publication or wide circulation in the target language version.
12. Well-founded complaints shall be handled by VIVALANG free of charge, provided they are made within 7 calendar days from the day that the completed translation is delivered to the Commissioning Party. Complaints shall be made in writing, or shall be otherwise null and void, and shall contain detailed information on the faults of the translation. Filing a complaint has no bearing whatsoever upon the payment date.
13. If the Commissioning Party chooses the service of regular translation even though the text submitted for translation is intended for publication or wide circulation, complaints regarding the quality of translation shall not be handled.
14. The Commissioning Party shall be entitled to cancel the order at any time. However, the Commissioning Party shall pay for any part of the order completed prior to cancelling and shall reimburse any expenses incurred by VIVALANG in connection with the cancelled order. Orders shall be cancelled in writing under pain of nullity.


Art. 7
Interpreting
1. Along with the completed order form, the Commissioning Party shall provide VIVALANG with the conference agenda including the subject matter and the schedule.
2. No later than 5 working days prior to the planned first day of the conference, the Commissioning Party shall provide VIVALANG with all available reference materials so as to enable the interpreters to become acquainted with the subject matter and prepare specialist terminology. Reference materials should include the following in the first instance: names of the speakers as well as titles of the papers and presentations.
3. If the said agenda and reference materials are not delivered within the indicated deadline, complaints relating to quality of interpreting shall not be handled.
4. The Commissioning Party shall inform VIVALANG about any intention to make a recording of the interpreters at work no later than 5 working days prior to the planned first day of the conference. VIVALANG may demand an additional charge under the transfer of copyright to such a recording.
5. The interpreter’s working time shall be counted from the hour that the job is commenced to the hour when it is finished, as specified in the order form. Should the actual working time exceed the number of hours specified in the order form, the interpreter’s working time shall be counted from the hour of commencing the job, as specified in the order form, to the hour the interpreter is released by the Commissioning Party.
6. Interpreting shall be settled on a half-day unit (4 hours) basis. The minimum price charged for an interpreting job completed within one day is the half-day charge.
7. Interpreting jobs that require travel on the part of the interpreter shall be settled on a full-day unit (8 hours) basis. The minimum price charged for one day of such an interpreting job is the full-day charge.
8. The Commissioning Party shall provide VIVALANG interpreters and technicians with bottled mineral water and a full meal.
9. In the case of interpreting jobs that require travel, the Commissioning Party shall cover the costs of travel, accommodation in single rooms, meals for VIVALANG interpreters and technicians, unless otherwise specified in an Agreement or the order form.
10. In the case of an interpreting job exceeding eight hours, the charge for the succeeding hours (from the 9th to the 12th hour) shall be the half-day charge irrespective of the actual number of excess hours.
11. In the case of jobs performed on Sundays and statutory holidays or late at night, the charge shall be increased by 100%.
12. The Commissioning Party may cancel the order without any consequences no later than 7 working days prior to the planned first day of the conference.
13. Should the Commissioning Party cancel the order later than stipulated in Art. 7.12 above, the Commissioning Party shall pay a contractual penalty of:
a) 50% of the value of the order if the order is cancelled between 6 and 2 working days prior to the planned first day of the conference;
b) 100% of the value of the order if the order is cancelled 1 working day prior to the planned first day of the conference;
14. VIVALANG may demand advance payment of 30% of the order value. In such case, VIVALANG shall start working on the order upon receiving the completed written order form and the advance payment towards the order price. The advance shall be paid in cash or by transfer to the bank account indicated on the advance invoice.
15. The Commissioning Party shall be liable for all and any losses suffered by VIVALANG for the fault of the Commissioning Party or the conference participants, relating to loss of or damage to the conference equipment provided by VIVALANG.
16. The interpreter has the right to refuse to perform the job if the equipment provided by the Commissioning Party is defective.
17. Well-founded complaints shall be handled by VIVALANG immediately, provided they are made within 7 calendar days from the day of completing the order. Complaints shall be made in writing, or will otherwise be null and void, and shall contain detailed information on the faults of the interpretation. Filing a complaint has no bearing whatsoever upon the payment date.


Art. 8
Final provisions

 
1. The information on the VIVALANG website does not constitute an offer within the meaning of the Civil Code.
2. The VIVALANG Pricelist and these Regulations do not constitute an offer within the meaning of the Civil Code.
3. The damages for any losses due to the provision of the services by VIVALANG shall not exceed the net amount (excluding VAT) due to VIVALANG for the given service.
4. The place of concluding agreements between VIVALANG and the Commissioning Parties shall be VIVALANG’s registered office.
5. Any disputes between the parties regarding faults in the services provided by VIVALANG in accordance with these Regulations shall be settled amicably, and in the case of failure to reach an agreement they shall be resolved by the competent court having jurisdiction over VIVALANG’s registered office.
6. In the case of disputes between VIVALANG and the Commissioning Party, Polish law shall apply.
7. The Commissioning Party consents to VIVALANG's use of the Commissioning Party's trademark for marketing purposes and in order to inform other entities about collaboration with the Commissioning Party also for marketing purposes, unless otherwise stipulated in other agreements.
8. The Commissioning Party shall not seek contact as regards translation or interpretation services with translators and interpreters employed or subcontracted by VIVALANG without VIVALANG’s intermediation for 24 months following the last order completed for the Commissioning Party by VIVALANG.
9. The Commissioning Party shall indemnify and hold VIVALANG harmless from any claims of third parties arising out of the Commissioning Party’s breach of any legal provisions, and in particular from settling any claims thereunder.
10. VIVALANG reserves the right to amend these Regulations and the Pricelist. Information on the amendments shall be sent to the Commissioning Party’s address via post or electronic mail. Placing an order after the receipt of information on such amendment shall be regarded as acceptance of the amended Regulations.
11. In all matters not settled herein, the relevant legal regulations shall apply.

 
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