1. SUBJECT OF THE ORDER AND TRANSLATOR’S LIABILITY
1. SOWA TRANSLATIONS HOUSE (AGENCY) hereby orders and the TRANSLATOR (VENDOR) accepts the order for translation in accordance with the agreed specifications via the Internet.
2. The TRANSLATOR hereby declares that they are a specialist in the field, has the indispensable knowledge, qualifications and technical resources allowing the completion and delivery of this translation order. The TRANSLATOR shall also be responsible for the accuracy, quality and punctuality of the order completion.
3. The TRANSLATOR declares that their technical resources, equipment and software come from legitimate sources and that they have all the relevant licences required for their use.
4. The TRANSLATOR undertakes to complete this translation order personally and in accordance with applicable law. They shall be particularly responsible for any violation of personal rights of any third party or for infringing copyright of other authors.
5. As a specialist, the TRANSLATOR is obliged to deliver a translation free from any faults, including typos and other mistakes such as spelling, grammatical, punctuation, misinterpretation, etc. They should also observe all linguistic principles governing the target language. The completed translation should be properly edited, taking into account the required format, layout, software editors, technological solutions for translation content processing, etc.
2. ORDER DELIVERY METHOD AND INFORMATION SECURITY
1. The AGENCY declares that it is certified in the field of information security management system as compliant with the international ISO/IEC 27001 standard.
2. Therefore, the AGENCY has launched and administers a secured e-sowa.eu B2B platform, dedicated to the management of orders and services, in relation to both its vendors and clients.
3. The TRANSLATOR is required to communicate with the AGENCY via the above e-sowa.eu platform. This platform shall be used by the TRANSLATOR to download the files for translation and to upload the translated files and any other files and information connected with the order. In exceptional circumstances, the TRANSLATOR shall contact the AGENCY at firstname.lastname@example.org or otherwise in accordance with prior arrangements.
3. QUALITY CONTROL, DEFECTIVE ORDER COMPLETION AND WARRANTY
1. The AGENCY declares that it is certified in the field of quality management system as compliant with the following international standards:
ISO 9001 Quality Management System
PN-EN 15038 Translation Services – Service Requirements
DIN 2345 Translation Contracts
2. In view of the above, the AGENCY declares that having received a completed translation from the TRANSLATOR and before providing it to the client, the AGENCY carries out a quality control in line with the recommendations of the above standards.
3. If the TRANSLATOR has provided a defective translation or a translation inconsistent with the AGENCY’s instructions, the AGENCY may demand that the TRANSLATOR rectify any defects within a specified time limit. Upon ineffective expiry of the indicated time limit, the AGENCY may withdraw from the contract or may hire another person to correct the translation or to translate the text again at the TRANSLATOR’s expense and risk.
4. Should it be impossible to rectify the defects or should the overview of the situation give grounds to conclude that the TRANSLATOR will not be able to rectify them in due time, the AGENCY may withdraw from the contract if such defects are serious. If the identified defects are not serious, the AGENCY may claim a reduction in remuneration in proportion to the defects found. The same applies should the TRANSLATOR fail to rectify the defects within the time limit specified by the AGENCY.
5. If the AGENCY provided the TRANSLATOR with any material, the AGENCY may – in the event of withdrawal from the contract or hiring another person to complete the order – demand that such material be returned and the commenced (unfinished) translation provided.
6. The TRANSLATOR shall cover the completed translation by a 1-year warranty.
7. The TRANSLATOR who has failed to perform the work or has performed it incorrectly through its own fault, thus causing damage to the AGENCY, shall be financially responsible proportionally to the damage caused.
4. ORDER COMPLETION DEADLINE
1. Should the TRANSLATOR be in delay with beginning or finishing the order processing so much that it is unlikely for the translation to be completed on time, the AGENCY may, without setting an additional time limit, withdraw from the contract even before the deadline.
2. Should the TRANSLATOR fail to meet the deadline for translation delivery, the AGENCY may withdraw from the contract and refuse to accept the ordered translation.
5. NO COOPERATION ON THE PART OF TRANSLATOR
1. The TRANSLATOR shall cooperate with the AGENCY. In the absence of such cooperation, the AGENCY may specify a reasonable time limit for the TRANSLATOR with the sanction that it shall have the right to withdraw from the contract upon ineffective expiry of such a limit.
2. THE TRANSLATOR shall keep the AGENCY informed about the course of order processing, including in particular any obstacles that may affect the order quality and completion date.
6. ORDER SETTLEMENT
1. A source word or a target page containing 1800 characters with spaces (for non-certified translations) shall be used as the unit of account. The number of words and characters shall be counted in MS Word using the “Word Count” function or in other word counting tools. The total number of characters with spaces shall be divided by 1800 and the quotient shall be rounded to two decimal places.
2. 1 settlement page for certified translations is 1125 characters with spaces. The number of characters shall be counted in MS Word using the “Word Count” function or in other word counting tools. The total number of characters with spaces shall be divided by 1125. Each started document page shall be counted as a full page.
3. The rate per word or page of translation has been agreed upon with the TRANSLATOR and specified in the TRANSLATOR’s profile on the e-sowa.eu platform. The above-mentioned arrangements shall form an integral part hereof.
4. The TRANSLATOR shall incur the costs of access to/preparation of source/reference materials and technical aids necessary to complete the order. The TRANSLATOR shall also incur the costs of delivering the translation to the AGENCY, including the costs of mail, courier services, etc.
5. The TRANSLATOR shall issue and deliver to the AGENCY an invoice on the date of order completion.
6. The invoice shall be paid within 30 days from the date of delivery thereof.
7. ENTRUSTING PERSONAL DATA PROCESSING
1. In connection with the order, the AGENCY, pursuant to article 31 of the Personal Data Protection Act of 29 August 1997 (i.e. Dz. U. [Journal of Laws] of 1997 No. 133, item 883, as amended), hereinafter referred to as the ACT, hereby entrusts the TRANSLATOR with personal data processing necessary to complete the translation order correctly. The scope of the processed personal data includes personal data files collected by means of all systems, programs and documents submitted and made available to the TRANSLATOR for the purpose of proper service performance.
2. THE TRANSLATOR undertakes to process the entrusted personal data only within the scope and for the purpose of completing the present translation order.
3. THE TRANSLATOR declares that it shall keep confidential the personal data and the way this personal data is secured, to which they have or shall have access in connection with the order processing, both during and after such processing. THE TRANSLATOR shall comply with the personal data protection procedures applied by the AGENCY. The TRANSLATOR declares in particular that they shall not use the personal data contained in the AGENCY’s personal data files without authorisation.
4. The entrusted personal data shall be processed by the TRANSLATOR in its registered office. After the order has been completed, the TRANSLATOR shall immediately delete/return to the AGENCY all personal data entrusted, including deleting it effectively from their electronic data carriers.
5. THE TRANSLATOR shall process the personal data in accordance with the ACT, using IT equipment and systems ensuring high levels of security, in accordance with the Ordinance by the Minister of the Interior and Administration of 29 April 2004 on the personal data processing documentation and the technical and organisational conditions that must be met by IT equipment and systems used for personal data processing (Dz. U. of 2004 No. 100, item 1024).
6. All decisions concerning the processing of personal data, which differ from the arrangements contained in this translation order, shall be communicated to the other party in writing, otherwise they shall be deemed null and void.
7. THE AGENCY shall have the right to check whether the TRANSLATOR complies in terms of personal data processing with the AGREEMENT FOR ENTRUSTING and the ACT. After the checks have been carried out, a report shall be drawn up and one copy shall be delivered to the TRANSLATOR.
8. In the event of violation of the provisions hereof by the TRANSLATOR, the AGENCY may withdraw from the contract with immediate effect and initiate legal proceedings against the TRANSLATOR.
9. If there is a violation of the Personal Data Protection Act of 29 August 1997 (i.e. Dz. U. of 1997 No. 133, item 883, as amended) for reasons attributable to the TRANSLATOR, in consequence of which the AGENCY as the PERSONAL DATA CONTROLLER shall be fined or required to pay compensation, the TRANSLATOR agrees to reimburse the losses suffered on this account.
1. The TRANSLATOR shall immediately disclose to the AGENCY in writing any work protected by copyright, including software, any innovations and technical improvements, regardless of whether they have been patented or not (be it a procedure, process, device, object, project, software, text or other asset) created or made by the TRANSLATOR independently or jointly during the TRANSLATOR’s employment by the Agency for the purpose of order completion.
2. All work and results generated in the course of order processing that may be subject to copyright (including texts, software, trademarks and others), innovations or improvements shall be the exclusive property of the AGENCY (or its client), with the exception of situations where the AGENCY has otherwise decided in writing, and the TRANSLATOR as part of the remuneration (at the moment of payment) shall transfer to the AGENCY all the author’s economic rights authorising it to use and dispose of them in the fields of exploitation listed in article 50 of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text, Dz. U. of 1994 No. 24, item 83, as amended) within the scope of any fixation techniques along with the AGENCY’s right to independently exercise the derivative rights.
Separate fields of exploitation shall be in particular:
1) With respect to fixation and reproduction of work – production of copies of work using a specific technique, including printing, reprography, magnetic recording and digital technology;
2) With respect to trading the original or copies of work – marketing, lending or rental of the original or copies;
3) With respect to distribution of work in a manner other than specified in section 2 – public performance, display, screening, playing, broadcasting and re-broadcasting, and public sharing in such a way that anyone can have access to it at a place and time individually chosen by them.
3. The TRANSLATOR may in no way appropriate or keep the content created within the scope of the order.
4. Both during the order processing and thereafter, the TRANSLATOR undertakes to fully cooperate in taking necessary steps and measures aimed at obtaining by the TRANSLATOR or confirming the ownership status arising from such rights.
5. The TRANSLATOR may not publish any material containing the content created within the scope of the order. THE AGENCY shall retain ownership of such material, including copyright.
9. CONFIDENTIALITY CLAUSE
1. the TRANSLATOR shall keep confidential all information the disclosure of which could cause damage to the AGENCY and its client.
2. The TRANSLATOR shall take all necessary precautions in order to protect the information and documents containing or related to confidential information from loss or disclosure. Should the TRANSLATOR give up the order, they shall immediately return to the AGENCY all documents or other property (including all carriers regardless of the form of fixation) containing, related or referring to confidential information, regardless of whether such documents or property were prepared by the TRANSLATOR or by other persons. However, this clause shall not apply to the information which the TRANSLATOR is obliged to disclose under applicable law, or the information which became public knowledge, or was disclosed otherwise, through no fault or action taken by the TRANSLATOR. Should the TRANSLATOR have reasons to believe that they may be ordered to disclose confidential information under applicable law, they shall inform the AGENCY accordingly to make it possible for the AGENCY to protect such information and keep it confidential.
3. For the purpose of this order, the term “Confidential Information” shall mean all information in any way related to the AGENCY’s or its client’s operations, known or disclosed to the TRANSLATOR in consequence, as a result or through signing a contract or agreement with the TRANSLATOR, which contain technical or other information about services, processes, programs, knowledge, concepts and innovations, formulas, commercial methods, any financial and accounting data, marketing data, client info, client databases and other AGENCY’s information acquired by the TRANSLATOR during the contract period. Confidential information shall not contain elements which have been published or are otherwise public knowledge, or which can be accessed freely from commercial or other sources.
10. FINAL PROVISIONS
1. Provisions of the Polish Civil Code shall apply to all matters not governed by these Terms.
2. Any disputes shall be resolved amicably, otherwise the matter shall be referred to the court of law competent for the registered office of the AGENCY.