Effective from 1 January 2016

REGULATIONS AND GUIDELINES FOR THE IMPLEMENTATION OF WRITTEN TRANSLATIONS BY THE COMPANY EXCELLENCE KATARZYNA WIELEŃSKA, OPERATING UNDER THE BRAND EXCELLENCE TRANSLATIONS™,
hereinafter referred to as "EXCELLENCE"

§ 1
General provisions

  1. These Regulations define the terms and principles of providing translation services by the company Excellence Katarzyna Wieleńska, operating under the brand Excellence translations™, hereinafter referred to as "EXCELLENCE".
  2. Placing an order for the provision of translation services is the equivalent of the Customer's acceptance of the conditions of these Regulations.
  3. Excellence undertakes to make every effort to ensure the order is carried out in accordance with the conditions accepted by Excellence and the Customer. In addition, Excellence undertakes to provide translation services in a reliable manner and in accordance with the agreed and accepted deadline. 

 

§ 2
Conditions for placing orders 

  1. The condition for Excellence to provide translation is for the Customer to send texts/materials for translation:
  2. by e-mail to the address contact@excellencetranslations.com; 
  3. by the order form available at www.excellencetranslations.com;  
  4. by the FTP server;
  5. through the service cloud computing.
  6. Texts for translation should be files with the following extensions: .doc/ .docx, .ppt/.pptx, .odt., .pdf, .xls/.xlsx or any other agreed standard format and also in the correct technical condition without interference, data loss and errors that lead to incorrect operation of editors or preventing the normal use of correct formatting features without the need for data recovery operations, troubleshooting, workarounds and informal (unauthorized) amendments.
  7. Under a separate offer there is the possibility to order publishing, printing and graphics services (layout, graphics processing, DTP, copying, scanning, conversion and other file operations).
  8. Orders may be submitted in Polish or English.
  9. Sending the order form together with sending the documents or just sending the documents to be translated, providing the data required for the invoice and agreement on the deadline is tantamount to placing an order.
  10. Placing and cancelling an order for translation service must be made in writing.

 

§ 3
Order confirmation

Excellence undertakes to confirm receipt of an order (the documents to be translated and determine with the Customer the date of completing the translation.

Excellence undertakes to return the completed translation in electronic form to the address and in the manner agreed with the Customer.

The Customer receives the ready translation at the ordering address in the same format as the original text with the exception of: .doc/.docx when translating from scans, prints, PDFs, etc.; .doc/.docx/.xls/.xlsx/.ppt/.pptx for the files .doc/.docx/.xls/.xlsx/.ppt/.pptx. The Customer may not refuse to accept the translation and consider it as not delivered or delayed due to details of the format or formatting, if additional services of publishing, printing and graphics services were not ordered, (layout, graphics processing, DTP, copying, scanning, conversion and other file operations) which is possible for an additional charge.

  1. Graphic layout of documents created in any MS Office program is performed at no additional cost. Custom graphics, requiring work in software outside of MS Office or on files closed to editing is prepared under a separate offer.

It is possible to send translated documents by post or courier to the address established with the Customer.

  1. If the Customer does not confirm the receipt of the completed translation and does not remind about its delivery up to 24 hours after the order's deadline, Excellence assumes that the Customer has received the translation in an appropriate manner and within the prescribed deadline.

 

§ 4
Valuation

Translation services are provided by Excellence according to prices set each time with a given order.
A. Regular written translation:

  1. A standard page is 1500 characters with spaces of the resulting text.
  2. The rates given during the valuation apply for each commenced page.
  3. To the given rates is added 23% VAT.
  4. The minimum order is one standard page.
  5. It is unacceptable to subtract from the volume of the translated text spaces, punctuation marks, symbols, repeated words and non-translated words. Spaces, punctuation marks, symbols, repeated words and non-translated words are an integral part of the text and may not be used as the basis for the reduction of the translation price.
  6. Not included in the implementation period of the translations are Saturdays and Sundays, holidays and the day on which the order is submitted as well as the day of delivering the completed translation, with the exception of submitting a translation order for receipt on the "order date".
  7.  The Customer authorizes Excellence to issue a VAT invoice without the signature of the recipient.

B. Written certified translations ("sworn")

  1. A standard certified translation page is 1125 characters with spaces of the resulting text.
  2. The principles for providing written certified translations are governed by the regulation of the Minister of Justice. Certified translations are subject to specific legal requirements and practice in the field of their methodologies, form, appearance, descriptions, comments, tampering prevention and registration. Each written certified translation bears the stamp and annotation of a sworn translator with the date and repertory number.
  3. The Customer should provide the original document, if he has it. In cases where providing the originals is not possible, the Customer can provide materials for translation in the form of scans. In this case the sworn translator places an annotation about making the translation from a copy.
  4. The text of a written certified translation is provided to the Customer as a one copy print. Additional copies of a written certified translation may be provided at the request of the Customer for an additional fee on the basis of a prior agreement of the parties.
  5. A customer may obtain the written certified translation personally, by post (a registered letter with acknowledgment of receipt) or courier service. In the event of sending the translation by courier service, the Customer bears the delivery costs. Exceptions are made for regular Customers who have signed with Excellence separate agreements for ongoing cooperation.
  6. The rates given during the valuation apply for each commenced page.
  7. To the given rates is added 23% VAT.
  8. The minimum order is one standard page.
  9. It is unacceptable to subtract from the volume of the translated text spaces, punctuation marks, symbols, repeated words and non-translated words. Spaces, punctuation marks, symbols, repeated words and non-translated words are an integral part of the text and may not be used as the basis for the reduction of the translation price.
  10. Not included in the implementation period of the translations are Saturdays and Sundays, holidays and the day on which the order is submitted as well as the day the delivering the finished translation, with the exception of submitting a translation order for receipt on the "order date".
  11. The Customer authorizes Excellence to issue a VAT invoice without the signature of the recipient.

 

§ 5
Modes of providing written translations

  1. Orders are executed in the following modes:
  2. Normal mode - to 10 standard pages per day;
  3. Urgent mode - from 11 to 15 standard pages per day (regular translations - price increased by 25%; certified translations - price increased by 50%);
  4. Express mode - over 16 standard pages per day (regular translations - price increased by 50%; certified translations - price increased by 100%);
  5. Super express mode - realization on the day of submitting the order or "ad hoc" translation as soon as possible, given the volume of material to be translated (the price is determined individually for all types of translation).
  6. A realistic deadline for the performance of service in each case is dependent on the specificity, the complexity of the text and the language combinations, and is determined each time with the Customer.
  7. Excellence reserves the right to change the deadline for implementing the translation order without giving a reason, after informing the Customer of the new deadline for fulfilling the order.
  8. In the event of urgent, express and super express mode, the Customer understands and accepts that the service can be performed by a team of translators and verifiers (in place of one translator and one verifier), which may have an impact on the consistency of the terminology and the quality of the translation itself.
  9. The price of regular written translation does not cover the preparation of the text for widespread dissemination or for publication. Texts intended for widespread distribution or for publication are subject to additional editing that Excellence can perform for the Customer for an additional fee. In the case of texts intended for widespread distribution or for publication, the Customer shall inform Excellence of this fact.
  10. If the Customer decides to select regular translation in the case of texts intended for widespread distribution or for publication, complaints regarding the quality of the translation will not be considered.
  11. Translation of texts for publication (also on websites and Internet portals) is not performed in urgent, express and super express modes.

 
§ 6
Cancellation of orders

  1. The cancellation of a translation order must always be in a written form, which means that it is sent via email to Excellence by the person authorised to cancel the order.
  2. If the Customer cancels the translation order he will be charged the costs arising directly from the quantity of text translated to the moment of receiving the cancellation of the order as well as the costs arising from the need to consult the reference materials, guides style, extensive instructions supplied by the Customer in addition to the purchase of required books and publications. 
  3. Excellence accepts no responsibility for the Customer's use of unfinished and non-verified translations.

 

§ 7
Modes of executing written translations

  1. Excellence provides services in the field of translation and other related services such as editing and proofreading, verification of the translations, certified translations and authentication of text translations by sworn translators.
  2. Translations are carried out with the utmost care on the basis of the principles of sound profession, i.e. according to the following rule and stages: translation, verification and Customer verification, editing according to the instructions received from the Customer. In accordance with the agreement, the Customer receives the agreed upon version of the translation.
  3. At the time of placing the translation order the Customer shall provide Excellence information and documents needed to prepare the translation. These include: glossaries, terminology used by the Customer, illustrations, guides style, abbreviations, terms and specialized vocabulary used inside the Customer's organization.
  4. If the Customer does not provide reference materials, glossaries, supporting documentation nor gives specific instructions, specialist terminology will be translated as commonly used, described in specialist dictionaries, lexically justifiable and generally comprehensible, to the best knowledge and practice of a professional translator.
  5. Excellence is not liable for errors and delays due to a lack of or delayed delivery of reference materials or guidelines.

 

§ 8
Complaints

  1. Complaints are taken into account when submitted in writing under pain of nullity, within a non-extendable deadline of 7 days from the date the Customer receives the translation. In the case where a complaint is not submitted within the given deadline, it is considered that the translation is accepted as free from defects.
  2. In the event of a justifiable complaint we reserve the exclusive right to correct such translation.
  3. If the translation contains defects resulting from difficult legibility, incomplete or incomplete text patterns or with erroneous or incorrect terminology given by the Customer, Excellence is not responsible for these defects.
  4. The Customer is responsible for the accurate and objective determination of possible defects by identification and justification of non-compliance with the appropriate rules of grammar and style, indication of factual errors, non-compliance with the original, non-compliance with the style guide, reference materials and other instructions as well as questions of style, aesthetics or related to the persuasive power of the text.
  5. The deadline for the removal of defects in the translation is determined individually together with the Customer.
  6. In the case when the first attempt to remove defects fails, Excellence has the right to re-introduce amendments to the translation based on the subsequent description of the deficiency in the translation prepared by the Customer.
  7. In the case where the second attempt to remove defects fails, the Customer has the right to reduce the agreed fee.
  8. The complaint will not be recognized in the case of:
  9. changes inconsistent with the previous agreements between the Customer and Excellence;
  10. the introduction of changes containing factual or language errors;
  11. making a change of sense in the source text (adding or deleting fragments, interpreting the source text, adapting it to the particularities of the Polish market or the company's marketing policy);
  12. request to totally change the style of the source text (e.g. written in difficult technical language, difficult legibility);
  13. application by Excellence of correct terminology, compatible with the dictionary, unless the Customer has requested his own, preferred terminology;
  14. introduction of synonyms, paraphrases and stylistic changes "from good to good";
  15. the use of words in the text (allegedly) ambiguous.
  16. Complaints regarding completed orders in the modes super express, express and urgent are not accepted, while at the express request of the Customer such translations may be corrected in the framework of the price for the service rendered. By ordering a translation in the modes super express, express and urgent the Customer assumes the risk of translation flaws, inconsistencies, etc.
  17. Excellence is not liable for factual errors in translation resulting from errors in the source text or the fault of the Customer.
  18. The condition for recognizing a complaint is not exceeding the payment date for the service rendered.
  19. Excellence's financial responsibility for services provided to the Customer shall be limited to the maximum net remuneration for the service provided.
  20. Excellence is obliged to pay compensation only if negligence or intentional error is proven. Damages arising as a result of serious negligence do not include damage resulting from force majeure, failure of computer equipment, Internet and telephone connections, problems with sending e-mails, interruptions in the supply of electricity and the damage caused by viruses.

 

§ 9
Terms of payment

  1. Invoices for ordered translations will be issued directly after the service performed by Excellence.
  2. Payment for the commissioned translation will be made in the form of a transfer to the bank account of Excellence indicated on the invoice within 7 days from the date the Customer receives the invoice.
  3. Interest will be charged by Excellence for late payments according to the statutory rates.
  4. In the case of individual customers, payment is made in advance at the time of placing the order.
  5. The Customer acquires copyrights to the translation only after the payment for the service has been rendered. In the case of literary and scientific translations intended for publication, the Customer is required to sign a separate agreement for the acquisition of property rights to the material.
  6. The translation remains the property of Excellence until receipt of full payment. Before that time the Customer does not have the right to use the translation. 
  7. The Customer undertakes to inform Excellence of all circumstances that could have an impact on making payment for the completed translation. The Customer is also obliged to inform Excellence of the fact regarding a decision to initiate bankruptcy proceedings in relation to its assets or declaring bankruptcy.

 
§ 10
Confidentiality clause

  1. Excellence and all persons performing translation on its behalf, undertake to safeguard the confidentiality of all information concerning the translated texts.
  2. At the Customer's request, Excellence undertakes to return all materials and documents received from the Customer when placing an order.


§ 11
Final provisions

  1. Any information and the Regulations posted on the website www.excellencetranslations.com do not constitute an offer within the meaning of the Civil Code.
  2. The principles for the provision of services by Excellence are governed by Polish law and the exclusive jurisdiction of Polish courts.
  3. The Parties will resolve any difference of views primarily in an amicable manner, according to the criteria of common sense, mutual respect, speed and cost savings, and in the absence of agreement - by the court competent for the registered office of Excellence.
  4. The Customer consents to Excellence using its trademark for marketing purposes and for informing the other entities of the fact of cooperation with the Customer also for marketing purposes, unless other agreements concluded between Excellence and the Customer state otherwise.
  5. The Customer agrees to not make business contacts regarding translation with translators providing services for Excellence as employees or subcontractors without the mediation of Excellence for a period of 36 months after completion of the Customer's last translation by Excellence.
  6. The Customer is obliged to secure Excellence against all claims of third parties arising as a result of the Customer's violation of legal provisions and especially to cover any claims arising in this respect.
  7. In matters not covered by this agreement the provisions of the Civil Code apply.