Terms of translation – DOM TŁUMACZEŃ SOWA
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Terms of translation

ORDER ACCEPTANCE, TERMS OF TRANSLATION DELIVERY AND CONFIDENTIALITY CLAUSE

  1. GENERAL OBLIGATIONS OF THE PARTIES
  2. The translator possesses the resources to complete and deliver (including postal costs) the order as well as to be available at all times (by e-mail, phone or otherwise as arranged by the Parties) during the completion of the order.

 

  1. The translator shall be obliged to provide documents confirming knowledge, qualifications and experience to allow the proper completion of the order.

 

  1. Particular purchase orders shall be provided to the Translator by e-mail or by e-sowa system along with the specification of terms and conditions. The Translator shall accept the order and send back the order confirmation (by e-mail or by e-sowa system). Failure to confirm to the order shall mean that the Translator has not accepted the order.

 

  1. The translator shall deliver the translation by e-sowa system and/or to the following e-mail address: biuro@e-sowa.eu (or otherwise as arranged by the parties).

 

  1. As the correct completion of the order requires specific skills and qualifications, the parties hereby agree that the translator shall not assign the order to any third party without prior consent of the agency expressed in writing.

 

  1. The translator shall keep the agency updated of the work in progress by e-mail or otherwise as arranged by the parties.

 

 

  1. REMUNERATION AND PAYMENT TERMS
  2. Quality

 

  1. The translator shall be fully liable for the quality, timeliness and correctness of the accepted order, assuring its consistence with the order specification as well as being void of any defects and typing errors, spelling mistakes, grammatical mistakes, punctuation errors, etc., preserving all linguistic rules of the target language and editing, i.e. using the required format, typesetting, word processors, etc.

 

  1. The quality of the translation shall be verified on the basis of the agency’s internal certified procedures.

 

  1. The parties hereby agree that if the delivered translation is defective, the translator shall not be entitled to remuneration or the remuneration shall be reduced accordingly.

 

  1. Should the translator deliver a defective translation or out of line with the order specification, the agency may send the translation back to the translator calling for corrections, provided that the agency still have time to do so, or the agency is convinced about that translator’s skills or availability to insert necessary amendments within the term required by the agency.

 

  1. Should the translator for the second time deliver a defective translation or out of line with the order specification, the agency shall not accept it, and the translator shall not receive remuneration. If the translator inserts corrections within the term specified by the agency, the translator shall be entitled to remuneration, except for the remuneration for extra work performed while making corrections.

 

  1. In default of the order deadline, the agency shall have the right not to accept the order.

 

  1. Insurance and responsibility

 

  1. Hereby, the translator declares to have taken out the public insurance policy for translators.

 

  1. In case damages have been inflicted by the translator due to failure or inappropriate completion of the order, the translator shall be held responsible correspondingly to the inflicted damage under the civil law procedure or in line with the procedures of the insurance company with which the Translator has taken out the public liability insurance policy.

 

  1. Payment

 

  1. The completed orders shall be settled at least once a month (on the last day of the month at the latest), in which translations were made, upon a VAT invoice issued by the translator.

 

  1. The translator shall receive remuneration by bank transfer within 30 days as of the invoice delivery date.

 

  1. The parties hereby agree to alternate the dates of payment, in each case upon negotiations. Should such an alternation be necessary, the negotiations shall be held before commencement of the completion of the order.

 

  1. The parties hereby give their consent to issue and accept VAT invoices without signatures. The invoices shall be sent via the e-sowa system.

 

 

  1. TRANSFERABILITY OF RIGHTS AND CONDITIONS
  2. In harmony with the Act of Copyright and Related Rights of February 4, 1994, in case a work has been created in the course of the completion of the order, the translator shall – without any additional statements or remuneration – transfer onto the agency all economic and derivative rights to the work for the price included in the translation rate. Furthermore, the agency shall have the right to perform the work and use it or its parts in Poland and abroad in all forms of exploitation.

 

  1. The translator shall be liable for any infringement of copyright or personal property of third parties committed in the completed order. Hereby, the translator represents that translations shall be free of any defects or third party claims in this respect.

 

 

  1. CONFIDENTIALITY CLAUSE
  2. The translator shall keep confidential all the information, which could cause damage to the agency and agency’s clients; i.e. the translator shall make all reasonable efforts to protect all and any information or documents including or related to confidential Information against loss or disclosure. Also, the translator shall immediately return to the agency all documents and other tangible assets or intellectual property containing, related to or referring to confidential Information, whether they have been prepared by the translator or other persons.

 

  1. This above provision shall not apply to information, which has become known to the public or was otherwise publicly disclosed through no fault of or as the result of actions taken by the translator. The translator shall make all efforts to notify the agency of any potential necessity to disclose confidential Information before any disclosure has been made, to enable the agency to seek a protective order for the Information and keep the Information confidential.

 

  1. The term Confidential Information shall mean all and any information related to the agency’s business, known or disclosed to the translator as the result of or by the acceptance of the order terms and conditions by the translator. Such confidential information might include technical or other information about services, processes, software, know-how, concepts and innovations, forms, trading methods, data, financial and accounting data, marketing data, customer data, customer lists as well as other information owned by the agency and disclosed to the translator in the course of order completion. confidential Information shall not include information published or otherwise forming a part of the public domain, or being available from commercial or other sources.

 

  1. The translator shall immediately disclose to the agency in writing all works protected by copyright, created or made by the translator subject to these terms and conditions. The translator hereby transfers all economic and other copyrights, titles and benefits resulting from these rights to the agency against received remuneration.

 

  1. Consequently, the translator shall not publish any materials including text or graphics related to the agency’s business or clients. The property rights, including copyright, to these materials shall remain with the agency.
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