Terms and conditions

General Conditions of cooperation – rules and regulations

1. Subject-related scope

The current General Conditions of Cooperation – Rules and Regulations, hereafter referred to as Rules and Regulations, specify framework conditions of cooperation between the mTłumaczenia.pl group (mTlumaczenia.pl, ul. Kościuszki 34, 50-012 Wrocław, Tax ID: 897-174-88-86; Zespół Tłumaczy Nr 1, al. Woj. Polskiego 56/4, 70-476 Szczecin, Tax ID: 8512734583; Język i Komunikacja, ul. Wspólna 50A, lok. 21, 00-684 Warsaw, Tax ID: 524-288-05-27; Carnati, ul. Półwiejska 17/41, 61-885 Poznań, Tax ID: 599-245-24-16), hereafter referred to as the Contractor, and economic entities or natural persons, hereafter referred to as the Ordering Party, within the scope of services provided by the Contractor to the Ordering Party.

2. Subject-matter scope of services

The subject of services provided by the Contractor within the framework of economic activity conducted by them, and subject to the provisions of the current Rules and Regulations, consists among others in preparing translations (translations of texts, sworn translations, simultaneous interpretations, consecutive interpretations), hereafter referred to as the Order.

3. Ordering, deadline and performance of the service

1. The Parties shall agree on the conditions of provision of the service in writing or with the use of remote communication means (telephone, e-mail) and subsequently, the Ordering Party shall place the order in person in writing or via electronic means (e-mail). The Order shall include clear information on placing the order, on order conditions specified in advance (deadline and estimated price, additional conditions) as well as contact details of the Ordering Party. Orders delivered in person or by mail shall contain the Ordering Party’s legible signature and company stamp. In the case of orders sent by e-mail, they shall be sent from the Ordering Party’s company e-mail address.
2. The order is considered accepted for performance at the moment of delivering the Order, i.e. the material for translation together with details specified above, to the Contractor (in person, by mail or e-mail). The Order shall be delivered on a working day by 3:30 p.m. In the case of later delivery of the material for translation together with order details, the following day is considered the day of placing the Order. According to the present Rules and Regulations, a working day shall be any day when the Contractor provides their services, excluding Saturday, Sunday, public or bank holidays.
3. In the case of failure to comply by the Ordering Party with the provisions of § 3 section 1 concerning the deadline for delivering the completed Order to the Contractor, the Contractor shall specify a new deadline for the performance of the Order.
4. The Contractor undertakes to perform the accepted Order with due diligence.
5. The Order is considered performed by the Contractor when they perform/deliver the Order to the Ordering Party respecting the deadline and using the means agreed in the Order or when the Order is ready to be collected by the Ordering Party on the agreed time.
6. The Ordering Party undertakes to accept the performed Order and pay the Contractor the remuneration respecting the deadline and method agreed by the Parties.
7. With reference to the translations of texts, confirmation of collecting the performed Order, equivalent to the confirmation of its performance, is constituted by:
7.1. collecting the Order in person together with the invoice;
7.2. shipping confirmation – for Orders delivered by mail or courier;
7.3. confirmation of sending the e-mail (date and time) – for Orders delivered via electronic means.

4. Price of the service

1. Remuneration for performed Orders is specified by the Contractor based on the estimated cost calculation, prepared according to the Price List in force on the day of placing the Order, which the Ordering Party shall read and accept while signing the Order. The price is estimated and may vary from the final price (when the number of pages of the source text differs from the number of pages of its translation).
2. For the translations of texts, the final price is specified based on the number of characters in the final translation. 1 standard page of translated text contains 1800 characters, including spaces and punctuation marks. When it comes to sworn translations, 1 standard page of translated text contains 1125 characters including spaces and punctuation marks. Minimum pricing unit is 1 page.

5. Failure to perform or improper performance of the service

1. Performed Order is considered improperly executed when:
1.1. it was not performed according to appropriate professional standards,
1.2. it was not delivered or was not ready to be collected on the agreed deadline.
2. The Ordering Party is obliged to notify the Contractor about the defects in the performed Order in writing immediately after noticing them.
3. When the Ordering Party proves that the performed Order contains one of the defects specified in section 1, the Contractor is obliged to remove them immediately, by the deadline specified with the Ordering Party.
4. If the defects specified in section 1.1 are impossible to be removed, the Ordering Party has the right to claim contractual penalty in the amount of 25% of the remuneration agreed for the performance of a given Order, and if the defects represent the characteristics of material defects, which shall be stated in the course of complaint procedure conducted following the mode specified in § 7 of Rules and Regulations, the Ordering Party has the right to claim contractual penalty in the amount of 50% – 100% of remuneration agreed for the performance of a given Order.
5. In the case of delay in performing the Order (section 1.2), the Ordering Party is entitled to claim contractual penalty from the Contractor in the amount of 1% of remuneration specified for the performance of a given Service for each working day of delay, however in total no more than the contractual penalty in the amount of 25% of remuneration agreed for the performance of a given Order.
6. The liability for any damages connected with the Order is limited maximum to the remuneration due for the performance of the Order.
7. The Ordering Party understands and accepts that Orders performed following the express mode may be prepared by a team of translators and editors, which may influence the cohesion of applied terminology.
8. Contractor’s liability for the lack of cohesion in the vocabulary used in their translation compared to the vocabulary applied by the Ordering Party is excluded, as translations are performed based on the rule of applying the most popular terminology for a given field. What is more, the Contractor’s liability for the lack of cultural adjustment of the translation to the reality of the environment of its target language is excluded as well.
9. Contractor’s liability for the lack of additional control processes applied by the Contractor for translations intended for publication or multiple copying when the service of the translation of text ordered from the Contractor does not include additional service of proofreading of the text for publication is excluded.
10. Contractor shall not bear the liability for content discrepancies or errors resulting from the original text supplied by the Ordering Party.
11. The Parties shall not bear mutual liability for the improper performance or failure to perform their obligations when it has resulted from the circumstances of force majeure incidents. According to present Rules and Regulations, force majeure incidents include: strikes, blockages, failure of computer systems, power outages, terrorist attacks, the occurrence of an epidemic or infectious diseases at a level influencing the difficulties in proper operations of the enterprise of the Party affected by the results of force majeure. The Party affected by the results of force majeure incidents shall notify the other Party immediately about their occurrence and estimated time of them coming to their end.

6. Complaint dispute

1. In the case of a dispute between the Parties concerning defects in the performed Order, referred to in § 5 of Rules and Regulations, the Parties undertake to solve the dispute in question amicably, basing on the expert’s opinion presented by an independent arbitrator, selected jointly by both Parties from the list of Polish expert court translators.
2. The amount of contractual penalty resulting from the provisions of § 5 section 4 of Rules and Regulations depends on the results of the assessment performed by the arbitrator.
3. The Party that loses the dispute within the complaint procedure shall be obliged to cover the costs of preparing the opinion by the independent arbitrator.

7. Exclusivity and liability, termination of the contract

1. The Ordering Party undertakes that any agreements concerning the Order under performance shall be made only as a result of direct contacts exclusively with the Contractor. The Ordering Party is not allowed to conduct any discussions or make any arrangements concerning the Order directly with third parties, in particular the translator, Contractor’s sub-contractor etc.
2. In the case of failure to comply with the provisions of section 1, the Ordering Party shall be obliged to pay the Contractor contractual penalty in the amount of 50% of the remuneration agreed for the performance of a given Order.
3. The Ordering Party undertakes not to establish any contact with the Contractor’s translators working for the Ordering Party for twelve months from the date of the last Order.
4. The Ordering Party has the right to withdraw from the performance of the Order upon paying the Contractor compensation in the following amounts:
4.1. When the Order referred to the performance of interpretation, simultaneous or consecutive, the amount equivalent to the costs incurred by the Contractor in connection with the performance of the Order, in particular the costs of hiring interpreters, renting the venue and equipment if the Contractor has incurred them or is obliged to pay them according to the agreement signed in advance. The failure to pay the total amount of compensation makes it null and void.
4.2. When the Order referred to the translation of texts – compensation in the amount equivalent to the value of translation already prepared, according to its advancement at the moment when the translator receives the notification about the Ordering Party’s withdrawal from the performance of the Order. The Contractor shall deliver partially finished translation to the Ordering Party.

8. Confidentiality

The Contractor undertakes to keep confidential any information provided or shared with them by the Ordering Party for the appropriate performance of the Order. Such information can be made available exclusively to employees and subcontractors working directly on the performance of a given order.

9. Final Provisions

1. To any matters not settled in the present Rules and Regulations, appropriate provisions of Polish Civil Code shall apply, while the Parties jointly agree to exclude any other rights of the Ordering Party resulting from the failure to perform and/or improper performance of the Order, apart from those which have been granted by the present Rules and Regulations. Provisions of the present section are not fully binding for the Ordering Party, acting as a consumer according to the provisions of the Civil Code.
2. The Rules and Regulations shall become binding for the Parties upon signing the Order.
3. Provisions of the Rules and Regulations may be modified between the Parties exclusively in writing upon pain of nullity.
4. The current Rules and Regulations are valid from 27.01.2009.