Terms of Service
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1.1 In the below conditions, Polish Translation, LLC, is referred to as "the Company"; the purchaser(s), including individuals or other legal entities who order the company's services, are referred to as "the Client(s)"; and any translation, interpreting, proofreading, and/or editing supplied by Polish Translation, LLC, is referred to as "the Service(s)".
1.2 These Terms and Conditions of Service are part of every order contract and are explicitly accepted by the Client at the time of submitting payment for the Service and are binding for the duration of the Service and afterwards for a reasonable period of time.
1.3 No terms different from these shall be binding on the Company unless explicitly agreed in writing by an authorized Company agent. Rendering void any individual clause of these Terms and Conditions of Service will not affect the remaining content, which shall be fully enforceable. These Terms and Conditions of Service shall override the Client's own terms and conditions, even if the Client's terms and conditions are contrary to those of the Company.
2. Nature of the Service
2.1 Translation is a literal transfer of a written text from one language (source) into another (target). The Service is performed by a translator reasonably applying generally accepted principles of grammar and vocabulary knowledge gained from one's own experience or from dictionaries, linguistic specialists, or other informed sources. The translator guarantees to apply all his/her reasonable efforts to provide a Service as accurate and idiomatically correct as the original text and human capacity allow. If the Client does not provide any supporting documentation or give specific instructions, any professional terminology occurring in the original texts will be translated using terms that are in common use, lexically justifiable, and generally comprehensible.
2.2 The Company's translators specialize in field-specific Service in accordance with their qualifications. Their expertise is restricted to a general understanding of the terms typically encountered in the given field. They are not experts, however, in terms of being able to conduct business or make any material decisions in that field the way a person currently working in that field would be able to, based on his/her professional knowledge.
2.3 A translation reflects the quality of the original texts. If the source material contains poor expression, ambiguous language, mistakes, incorrect, or missing information, the same inadequacies will be present in the translation since the Company's translators are not entitled to make alterations in the original texts on behalf of the Client.
3. Purpose of the Service
3.1 The Client shall clearly state whether the Service is intended for information or for publication. The Company assumes that its Service is intended for informative purposes unless stated otherwise. In cases where the Service is meant for publication, further amendments and verification may be needed at additional fees.
3.2 A Service done for a particular purpose may not be suitable for other purposes. If such cases arise, the Client shall request the Company's confirmation that its Service will meet the new purpose. If changes are necessary, they can be supplied at additional fees.
4. Client's Cooperation
4.1 The Client is obligated to submit all specific instructions and guidelines regarding the Service (e.g. specific vocabulary, names, format and layout, purpose of the Service, etc.) in writing at the time of requesting a quote, and no later than with the text for the Service.
4.2 At the time of placing an order, the Client shall provide the Company with any information at his/her disposal vital and necessary to perform the Service (e.g. glossaries, tables, special corporate terminology, abbreviation lists, etc.).
4.3 The Client warrants and is exclusively responsible for owning or licensing the copyrights to the text and any elements thereof subject to the Service. The Client warrants that the Service and its publication, distribution, sales, or any other use, shall not infringe upon any copyrights, trademark, patent, or other rights of a third party.
4.4 Where the Service requires texts to be submitted to the Client for approval, the Company shall not be liable for errors not corrected by the Client or changes made by the Client in texts so submitted.
4.5 The Company shall not be liable for any errors, delays, or violation of third party rights caused by the Client's failure to provide full cooperation.
5. Quotations and Acceptance
5.1 All quotations are based on the Client's leads and are subject to amendments and confirmation by the Company after the receipt of complete requirements and materials subject to Service. Names and numerical units are included in the word count. Written quotations shall remain open for acceptance for 15 days; after this period they shall lapse.
5.2 The Service shall be performed only after receiving the Client's written acceptance of the terms and pricing and after submission of payment for the Service. Each order, when accepted, constitutes a separate contract.
5.3 The quotations do not include taxes, shipping and mailing charges other than standard ground service for materials up to 3 ounces, or any other extraordinary charges incurred in connection with the Service by agreement with the Client (e.g. traveling expenses).
5.4 Interpretation is invoiced according to the amount of time spent on the task and is measured in fifteen-minute intervals. A minimum charge equivalent to thirty minutes' work applies.
5.5 The Company reserves the right to add extra charges due to arduousness of the original texts, which include cases where poor linguistic quality and/or poor print quality are present. The Company reserves the right to omit parts that are incomprehensible due to arduousness.
5.6 The Company reserves the right to apply an urgency surcharge on orders where the Service is required to be completed in a shorter time than normally accepted.
6.1 The deadline date means the date on which the Client needs the Service to be returned to him/her by midnight of that date (e.g. a delivery date of January 5, 2013, means that the translated documents will be sent to the Client on January 5, 2013, by midnight Central Standard time).
6.2 The delivery date is the Company's good-faith estimate return date, prior to the client's deadline date. The Company guarantees that it shall use all reasonable efforts to meet the stated delivery date. However, the Company shall not be held liable in the event of delayed delivery, which in no case shall be considered a breach of contract.
6.3 Delivery date is subject to amendment if any changes in the requirements are subsequently made by the Client.
6.4 Compliance with the delivery date of the translation is determined by the date on which the translation or edited text is sent to the Customer. Any delays thereafter are beyond the Company's control.
6.5 The product of the Service shall be delivered to the Client by email as a Microsoft Word attachment and/or in a text format if not requested otherwise.
7. Limited Liability
7.1 The Company uses only qualified translators and every attempt is made to ensure the accuracy of the Service; therefore, the Company shall not be liable for any incidental, consequential, or other damages or losses whatsoever caused by imprecision in transferring the meaning from one language to another.
7.2 If errors in the Service arise from the translator's fault, the Company's liability shall, in no case, exceed the value of the invoice for the Service.
7.3 The Company assumes no liability for damage or loss of material sent to the Company by the Client, who shall retain backup files and copies for himself/herself.
7.4 The Client shall be responsible for indemnifying, defending, and keeping the Company and its assigns harmless from any claims, costs, or expenses, including legal fees, resulting from the Client's use of the Company's Service and expenses arising out of any libelous matter translated for the Client, or any acknowledgement of copyright, patent, design, or other third party right. The Client shall be responsible for keeping the Company harmless from any claim for infringement of copyright and/or translation rights and/or claims based on the content of the original text or its translation.
7.5 The Company shall not be liable for errors inherent in the original texts, which in translation will be transferred from the original texts into the translation.
7.6 In the event of circumstances beyond the Company's control (force majeure), the Company shall not be held liable for any failure to meet any obligation under these Terms and Conditions of Service. In the event of force majeure, the Company may renegotiate the delivery date and the costs of translation.
8. Company's Rights
8.1 The company reserves the right to engage the services of third parties without the Client's consent whenever the business operations justify it. The business relationship remains exclusively between the Company and its Client.
8.2 The Company reserves the right to provide the Service on "as is" and "as available" basis and without any expressed or implied warranties of any kind.
8.3 If any party breaches the contract, the other party shall have the right to terminate the Service immediately.
8.4 The Company reserves the right to refuse its Service when the matter is, in its opinion, of an illegal, offensive, obscene, or libelous nature.
9.1 Any objections regarding the Service should be reported in writing within seven calendar days from the Service delivery date. Only disputes in writing regarding material deficiencies, accompanied with the serviced texts, will be honored. Discrepancies arising from incompleteness, poor level of readability, or mistakes in the original text content provided for Service (e.g. poor copy) or from the failure to follow Client's guidelines/instructions, if said guidelines/instructions were not delivered in writing with the order, will not be honored.
9.2 Only orders fully paid will be subject to disputes.
9.3 Material errors arising exclusively from the Company's fault shall be corrected within a reasonable timeframe at the Company's cost, the value of which shall not exceed the amount of the invoice for the order being disputed.
9.4 Any remarks regarding the Service, demands for subsequent improvements, or comments must be submitted to the Company in writing.
10.1 All orders must be prepaid. Large jobs can be divided into sections and spread over time, but each section must be prepaid. 10.2 Payment can be made by bank transfer, certified check or money order, credit card (Visa, MasterCard, American Express, Discover), or PayPal.
11.1 The copyright of a translation becomes the property of the Client once he/she meets all his/her obligations towards the Company. Copyright of an incomplete translation remains the property of the Company.
12. Governing Law
12.1 The business relationship between the Client and the Company under these Terms and Conditions of Service is governed by the United States law and is subject to the jurisdiction of the United States court system.
13. Confidentiality and Security
13.1 The Company shall keep any information contained in the Client's original texts confidential unless it must be revealed for officially authorized purposes.
13.2 The Company shall use its best judgment to ensure the safekeeping of the Client's original documents/copies for at least twelve months after the delivery date, and will securely dispose of said documents after this time.
13.3 The Company may insure the documents in transit on the Client's request and at the Client's expense.
14.1 Should the Client cancel the Service for any reason after it has been commenced, the Company shall retain the value of the translation completed plus 10% of the remainder of the invoice for administrative purposes. The balance shall be refunded to the Client along with the Service completed prior to cancellation.