Regulations for the provision of translation services by Vertimas Matylda Kustra Translation Agency hereinafter referred to as Vertimas.
§ 1 General provisions
- Vertimas performs translation and interpreting as well as provides other relative services.
- Services provided by Vertimas are performed according to these Regulations.
§ 2 Placement and acceptance of orders
- The condition for performance of translation by Vertimas is Customer placing filled out translation order form. Order may be sent to Vertimas by post, e-mail or fax.
- Vertimas is not obliged to start translation work should it not receive correctly filled out order form from Customer. The exception is made in the case of translations to be performed for Customers who signed regular cooperation agreement with Vertimas – based on this agreement each sending of a text for translation will be deemed as order placement, without a requirement to fill out appropriate form, provided that the Customer passes all data necessary for translation service provision.
- Vertimas may undertake to perform services on a different basis than specified in these Regulations. Separate rules are specified through individual arrangements with Customer in form of a contract.
§ 3 Rules for performance of written translations
- Customer passes a text for translation as a soft copy or in form of a printed document. If a text given by the Customer is a hardly legible manuscript, Vertimas reserves the right to raise translation price – upon prior arrangement with customer.
- Vertimas hands translated text back to Customer either in standard MS Office file – or against Customer's special request in another format. Should it be necessary to save the translation in other software Vertimas reserves the right to raise service price depending on how time-consuming the work in particular software actually is – upon prior arrangement with Customer. In the case of authenticated translation the translated document is handed over in printed form.
- Completed authenticated translation is collected by the Customer at Vertimas office. Upon request from Contracting party Vertimas may send translation by post or courier services. When sent by courier services it is the Customer who bears delivery cost, unless it was specified otherwise. Vertimas may send authenticated translation to Customer by electronic mail or fax – depending on Customer's choice.
- Basis for accounting of non-authenticated written translation will be number of standard pages in a source document handed over for translation, provided that it was delivered either as a soft copy, or in a text format (MS Word for instance). In other cases (e.g. fax, document scans, manuscripts etc.) standard pages of a target document will be considered the account unit. In the case of non-authenticated translations one standard page is equivalent of 1800 characters with spaces. For authenticated translation – standard page equals 1125 characters with spaces.
- In the case of non-authenticated translation its size is rounded up or down to 0,5 standard page, as specified in § 3 sec. 4 of the Regulations, and for authenticated translations - to 1 standard page calculated in accordance with § 3 sec. 4 of the Regulations. The payment is calculated for each page which is commenced.
- Calculation of number of translation pages:
- MS Word: using word count function;
- MS Excel and PowerPoint: content to be transferred to MS Word and counted;
- other file formats: according to individual arrangements;
- sworn translations: according to principles provided for by respective Ordinance of the Minister of Justice.
- Upon receiving text to be translated Vertimas initially evaluates the size of translation and based on this arranges with Customer for the mode in which translation is to be provided. Following modes are distinguished:
- normal mode – translation of up to 6 standard pages per day;
- express mode - translation of 7 to 11 pages per day (price is by 40 percent higher than the normal mode translation price);
- super express mode - translation of 12 or more pages per day, as well as each translation performed on the same day it was ordered (price is 80 percent higher than the normal mode translation price).
When arranging mode and deadline for translation performance Saturdays, Sundays and other public holidays are not taken into account.
- Unless Customer in written order has specified exact time by which the translation should be delivered, it will be delivered by 17.00 on the day of order completion, which is specified by Customer in written order for service performance.
- Completion deadline for translation accepted after 15.00 o clock is calculated as of 9.00 the following working day.
- For translation provided in express and super express mode Vertimas reserves the right to divide the text between two or more translators which may result in vocabulary inconsistency.
- In the case of texts containing drawings, diagrams, charts etc., which Customer has not delivered in electronic version which enables document edit using MS Office package, Vertimas will not be obliged to recreate those elements in translated document. Upon arrangement with Customer Vertimas however could ensure such a way of translation layout so that Customer could match particular translation pieces with respective pieces of text representing part of a drawing, diagram, graph etc.
- In the case of authenticated translations the text for translation is delivered in print, in a single copy. Upon Orderer's request Vertimas may create more copies of authenticated translation for additional fee of 20 percent of translation price. Should Customer order additional copy of authenticated translation after seven days from translation completion date, Customer has a right to treat such additional copy as duplicate (the price then equals 50 percent of the translation price).
- Text for authenticated translation should be delivered to translator as original copy unless Customer does not have it. Otherwise translator annotates in translation that it was performed based on a copy.
- All non-authenticated translations are filed and kept by Vertimas for the period of at least 36 months.
- Customers ordering services at Vertimas undertake for 12 months from the date of the last order no to directly contact Vertimas translators who work for Customer unless the contact is officially made through Vertimas.
§ 4 Rules for provision of interpretation services
- In the case of consecutive interpretation, unit of account is one hour. Minimum fee for consecutive interpretation during one day is equal to two-hour rate. Each commenced hour of interpretation is counted as complete hour.
- For simultaneous interpretation unit of account is a four-hour block. Minimum fee for simultaneous interpretation during one day is equal to a 4-hour rate. Two interpreters take part in simultaneous translation. Exceptionally, if the time of simultaneous interpretation does not exceed two hours, Vertimas upon arrangement with Customer and translator may engage only one interpreter for this task.
- If the interpretation time during a single day exceeds eight hours then 50 percent is added to basic hourly rate for extra hours of interpreter's work. The rate is higher by 50 percent also in the case of interpretation performed on the same day it was ordered, and also in the case of interpretation during night hours (after 20.00) as well as on Saturdays, Sundays and other public holidays.
- Interpreter's working time is calculated starting from the time which he/she was appointed at or the moment he/she actually appeared at in the place where interpretation service is to be provided till the time he/she is released from performance of his/her duties by Customer.
- In the case of interpretation performed outside interpreter's place of residence Customer undertakes to cover additional cost beside interpretation, that is interpreter's travel cost, accommodation cost, as well as the cost of interpreter's availability (the latter is understood as time devoted by interpreter to travel; hourly rate in this case equals 50 percent of interpretation rate). Should the interpretation time exceed two days while on each day interpreter is guaranteed 8 hours working time, Orderer will not bear the cost of interpreter's availability so long as the traveling time of interpreter to the place of interpretation service and back does not exceed eight hours.
- Upon placement of interpretation order, Customer shall notify Vertimas of a subject and nature of interpretation. In the case of interpretation concerning specialist area of knowledge Customer shall deliver materials which might be helpful for an interpreter to prepare for the task.
- As for simultaneous interpretation Customer delivers schedule of a conference and as far as it is possible a list of participants and written texts of lectures to be presented.
- Customers ordering services from Vertimas undertake not to contact Vertimas interpreters working for them for 12 months from the date of last interpreting order unless through Vertimas office.
§ 5 Order cancellation
- In the case of written translations Customer has a right to cancel ordered translation at any time. Customer is however obliged to pay for the part of translation, which the translator managed to complete until the moment it is cancelled according to the rate specified for translation mode. Order cancellation sent to Vertimas after the office working hours is taken into account as from the following working day.
- In the case of interpretation Customer has a right to cancel ordered translation without consequences:
- two working days before the date of service provision in Poland, if the duration time of such service does not exceed one working day,
- three working days before the date of service provision in Poland, with the duration of service envisaged for between two to seven days,
- seven working days before the date of service provision abroad, with such service provision scheduled to last one day, or service provision within the territory of Poland if the duration of such provision was envisaged for more than seven days,
- fourteen working days before the date of service provision abroad should the duration be envisaged for two or more days.
- In the case of order cancellation within a period shorter than specified in § 5, sec. 2, Orderer will pay contractual penalty equal to 30 percent of the price. Upon order cancellation on the date of its completion, Orderer will pay contractual penalty in the amount of 100 percent of its price.
- Order cancellation should be made in writing.
- Translator has a right to refuse to perform translation if the equipment delivered by Customer is out of order.
§ 6 Confidentiality
- Except for publicly available materials (press and Internet releases, universally available legal acts etc.), all documents and auxiliary materials entrusted with us by Customer as well as contents of meetings interpreted are treated as confidential and are under no circumstances disclosed to third parties.
- Upon Customer's request Vertimas may provide separate document in which it undertakes to keep secrecy.
- Vertimas will disclose confidential information only to its employees and subcontractors for the purpose of order fulfillment.
§ 7 Liability
- Pecuniary liability for any damages resultant from provision of faulty translation services by Vertimas shall be limited to the amount of net payment due (without VAT) for performance of the translation service.
- Vertimas will not be liable for delays or faults arisen by reason of circumstances beyond Vertimas control, such as Force Majeure, hardware breakdowns, Internet and telephone connection breakdowns or power outages.
- Liability for damages will not cover errors in translation performed in super express mode. Customer who orders translation in super express mode accepts the risk of translation errors occurrence. Vertimas is however obliged to immediate removal of any translation faults.
- In the case of texts for publication Customer is to edit and proofread the text on his/her own unless he/she has ordered this service from Vertimas.
- Vertimas will not be liable for substantive errors in translation resulted from errors in source document.
§ 8 Complaints
- Customer has a right to lodge a complaint regarding service provided within seven days after its completion. Complaint must be filed in writing and duly justified.
- Once the complaint is considered justified Vertimas verifies translation in question free of charge or – upon arrangement with Orderer – gives Customer a rebate in the amount adequate for the scale of errors made.
- Complaints for translation performed in super express mode will not be considered.
§ 9 Payment rules
- Payment for finished translation is effectuated against the invoice issued by Vertimas. Customer pays due amount by wire transfer to the account number given on the invoice. Payment date is specified on VAT invoice sent to Customer.
- Completed translation remains a property of Vertimas until the due amount is paid by Customer. Upon payment the Customer acquires author's economic rights to the translation.
- When payment date is exceeded Vertimas is entitled to contractual interest of 0,5% per each day of delay.
- Vertimas reserves the right to collect advance payment before the start of translation.
§ 10 Final provisions
- Information presented on Vertimas website shall not constitute an offer under Civil Code.
- Any disputes between the Parties as to the occurrence of defects in services performed by Vertimas which are provided in accordance with the Regulations will be settled out of court, and upon lack of agreement by court having jurisdiction over Vertimas seat.
- Customer expresses consent for its trademark to be used by Vertimas for marketing purposes unless other agreements provide otherwise.
- Vertimas reserves the right to change these Regulations. Notification of changes will be sent to Customer's address by post or electronic mail. Placement of order after receiving information on amendments will be considered an acceptance of the new Regulations.
- For matters not governed by these Regulations provisions of Civil Code shall apply as well as the Act on Copyright and Related Rights of February 4th 1994 (Dz.U. No. 24, item 83 with later amendments).
Vertimas Regulations has been effective since May 11th 2009.