General Conditions of Business

 

This document defines the general terms and conditions of cooperation between POZENA Spółka z ograniczoną odpowiedzialnością Sp.k., with its registered office in Poznań, hereinafter referred to as the Contractor, and legal entities or natural persons, hereinafter referred to as the Commissioning Party, with respect to translation services provided by the Contractor to the Commissioning Party.

 

Scope of services covered

 

1.   The object of the services provided by the Contractor is to perform:

1.1.       ordinary translation,

1.2.       sworn translations,

1.3.       additional services such as proofreading, copywriting, typesetting & DTP, printing and courier services,

1.4.       interpretation,

1.5.       website translations,

1.6.       audiovisual translation,

1.7.       language training,

1.8.       language audits,

1.9.       Artificial Intelligence training support services, data annotation and natural language programming,

1.10.    other language services, monolingual and multilingual, and related services

 

2.   The scope and type of services commissioned to the Contractor and the manner of their implementation, including price, mode and deadline, will be presented to the Contracting Authority in each case in the "Tender" document prepared on the basis of the request for quotation submitted by the Contracting Authority.

 

Rules for placing orders

 

3.   The Ordering Party submits a request for quotation to the Contractor - by means of a contact form or a text conversation available on the POZENA.com website , e-mail: info@pozena.com, personal contact, telephone contact: 61 610 4600 or 22 3773 000, or postal contact: Andersia Business Centre, Plac Andersa 7, 61-894 Poznań.

 

4.   On the basis of the data provided by the Principal, the Contractor shall prepare a quotation, including:

4.1.       type of assignment,

4.2.       price,

4.3.       the manner in which the order is carried out,

4.4.       the date of execution of the order or the duration of the order,

4.5.       name of the commissioning person,

4.6.       in the case of a subject other than translation, the place of performance,

4.7.       In addition, the offer may include the terms of the project, the expiry date of the offer and the amount and timing of the advance payment.

 

5.   The execution of the translation by the Contractor shall be conditional upon the confirmation of the order covered by the tender by the Commissioning Party - either by e-mail (documentary form) or in plain writing.

 

6.   The Commissioning Party warrants that it is legally authorised to represent a legal person or an organisational unit with legal capacity to place an order for translation services.

 

7.   The Employer shall provide the Contractor with all the necessary information for the proper performance of the service.

 

Basic service conditions

 

8.   The offer presented to the Contracting Authority may include alternative ways of delivering the project and/or optional additional elements.

 

9.   In the case of ordinary translation, the offer may, where justified, allow the Principal to choose the following products:

 

9.1. Proofreading ('premium') translation - compliant with the international industry quality standard ISO 17100, the recommended minimum for all documents critical to the Client and any material intended for publication. The translated text is analysed by an independent proofreader, including a professional translator. The analysis includes a comparison of the source text with the target text in terms of terminological consistency, linguistic register and style, and also aims to provide a reasonable safeguard against so-called human error.

 

9.2. Translation without verification ("standard") - basic option, applicable to draft documents, internal materials and other less critical for the Client. The translation is performed by a professional translator. By accepting the offer in this translation option, the Client thereby formally confirms that, for the sake of a lower price, he/she consciously gives up professional verification of the translation required by the international industry standard ISO 17100. The Client thereby declares his/her understanding that the lack of verification of the translation, despite the Contractor's attempts to follow all the rules of the art, may lead to errors in the art and that, in order to ensure optimal translation quality, he/she will perform the verification on his/her own.

 

9.3. Economic translation - professional machine translation using modern world language systems, then subjected to so-called "light post-editing" by a professional translator in the formal role of post-editor, in accordance with the international industry standard ISO 18587. Economic translation is characterised by a very favourable price and the shortest possible deadline. It is used professionally in cases of very large documents, or as a pre-translation to select essential passages for further translation by another mode, or the need to meet very short deadlines (e.g. several hundred pages per day). At the Ordering Party's request, the offer of economic translation may be accompanied by a sample of this mode of translation, which the Contractor may decide to make free of charge, which will help the Ordering Party to familiarise himself with the nature of this modern product and to assess its suitability for his own needs. By ordering an economic translation, the Ordering Party confirms its understanding of its features and specific applications.

 

10.In the case of an interpreting service, the Contractor shall indicate the language combinations, place and time of the order.

 

11.The Contractor may make the execution of the order conditional on prepayment, of which he shall inform the Principal in the tender sent, specifying the amount and date of payment. The payment date shall be the date on which the payment is credited to the Contractor's bank account.

 

12.Upon acceptance of the tender by the Employer, the Contractor shall perform the service specified in the tender, in accordance with the terms and conditions presented and within the agreed timeframe.

 

13.In the case of texts containing drawings, diagrams, charts, etc., which have not been provided by the Principal in an editable electronic version using Microsoft Office, the Contractor is not obliged to reproduce these elements in the text of the translation.

 

14.The Contractor shall provide the Commissioning Party with the translation text saved in a Word file or - at the Commissioning Party's request - in a text or Excel file. Should it be necessary to save the translation in another programme, the Contractor reserves the right to increase the price of the service depending on the time-consuming nature of work in a given programme - upon prior agreement with the Commissioning Party.

 

15.In the case of certified translations, the text of the translation is provided to the Commissioning Party on a hard copy, in one copy. At the Client's request, the Contractor may make more copies of the certified translation ("copies") for an additional charge, accepted by the Client.

 

16.The offer of a certified translation, at the express request of the Client, may include, alternatively or simultaneously, an electronic form with the translator's qualified signature (pdf file), instead of or in addition to the paper form with the translator's seal. By accepting a tender for this product, the Contracting Authority confirms its understanding of the differences and similarities between these versions and their uses.

 

17.The Contractor's remuneration depends on the number of hours, workload and complexity of the translation or other service.

 

18.In the case of interpreting services provided at a physical location indicated by the Client, fees related to travel, accommodation and meals of the person or persons performing the order may be added to the price of the service at the Contractor's discretion.

 

19.The Contractor may specify the remuneration for each commenced hour of interpreting. Each commenced hour of interpreting shall be counted as a whole.

 

20.In the case of interpreting, the interpreter's working time is calculated from the time he/she is scheduled for and reports at the place of interpreting until he/she is released from his/her duties by the Client.

 

21.When placing an order for interpreting, the Commissioning Party shall inform the Contractor about the subject matter and nature of the interpreting. In the case of interpreting on specialised topics, the Commissioning Party undertakes to provide materials that will help the interpreter prepare for the interpretation.

 

22.In the case of simultaneous interpreting, prior to the commencement of interpreting, the Client shall provide the Contractor with a conference programme including a timetable.

 

23.The Contractor shall not be obliged to provide interpreting services for a period longer than the time stated in the tender and paid for by the Client. For the removal of doubts: that is to say, the Contractor, at the end of the ordered period, may discontinue the interpreting service and consider the product fully and correctly performed.

 

24.The Contractor may specify in its offer the conditions for possible further provision of interpreting services in this situation of expiry of the time indicated in the offer, stating the amount of additional time available and the commercial conditions for the use of the additional time, which the Client accepts together with the offer.

 

25.The contractor undertakes to perform the services with the utmost care.

 

 

Acceptance of the subject matter of the contract and payment

 

26.The Principal undertakes to accept the completed order and to pay to the Contractor the remuneration agreed by the Contractor on the date agreed in the order and, in the absence of such agreement, upon completion of the order.

 

27.In the absence of any other arrangement, the translation shall be deemed completed and delivered when the file is sent to the e-mail address provided by the Client.

 

28.Payment for the service provided is based on a VAT invoice or receipt issued by the Contractor.

 

29.An invoice shall be deemed to have been delivered when it is received by the Principal or, in the case of an electronic invoice, when it is sent to the e-mail address of the person acting on behalf of the Principal.

 

30.The Employer undertakes to pay the remuneration to the Contractor's bank account by the date indicated on the VAT invoice or specified in the tender.

 

31.The date of payment shall be the date on which the amount is credited to the Contractor's bank account.

 

32.In the event of cancellation of an assignment after its acceptance by the Principal, the Principal will be obliged to pay remuneration proportional to the execution of part of the assignment and an amount not exceeding PLN 500 as compensation for lost benefits.

 

33.If an order is cancelled within 24 hours prior to the commencement of the interpreting assignment, the Client shall be obliged to pay the agreed remuneration in full.

 

 

Liability of the Contractor

 

34.A completed contract shall be deemed to have been improperly executed if it has not been executed to an appropriate professional standard or if it has not been handed over within the agreed deadline.

 

35.If the Principal demonstrates that the completed assignment suffers from a defect, the Contractor shall immediately rectify the defect and inform the Principal of the expected date of rectification.

 

36.The Contractor shall provide the Client with a 3-month guarantee, under which the Contractor undertakes to correct any translation errors indicated or to address any comments made.

 

37.In the case of entrepreneurs (excluding natural persons engaged in business activities unrelated to the subject matter of the order), liability for improper performance is limited to a period of three months from the execution of the order.

 

38.In the case of entrepreneurs (excluding natural persons carrying out business activity not related to the subject of the order), the financial liability for physical defects shall be limited to the amount corresponding to half of the Contractor's remuneration when ordering a translation in the "premium" option and excluded when choosing the "standard" option and the "economy" option of the service.

 

39.The Contractor's liability is excluded if the defect arose from a cause inherent in the material supplied by the Principal.

 

40.The Contractor shall not be liable for delays and defects resulting from causes beyond his control, such as acts of God, computer equipment failures, Internet and telephone line failures, power cuts, etc.

 

 

Confidentiality clause

 

41.The Contractor undertakes to keep confidential all information given and made available to him for the proper execution of the order.

 

42.Information may only be shared with employees and subcontractors working directly on the order in question.

 

43.Final provisions

 

44.In matters not regulated, the provisions of the Civil Code apply.

 

45.In the event of disputes, the competent court shall have jurisdiction over the Contractor's registered office.