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Terms and Conditions PDF Print E-mail

§ 1 General Provisions

1. The Specialist Translation and Interpreting Agency ATOMINIUM offers interpreting and translation services, as well as related services such as editing, proof-reading, review of correctness of translations made by third parties, certification of translations by a sworn translator and rendering of translation as graphic files (e.g. with Adobe Acrobat, QuarkXPress, Adobe PhotoShop etc. )

2. ATOMINIUM performs its services pursuant to these Terms and Conditions and to the Price List.

§ 2 Order Placement and Acceptance

1. In order to contract services from ATOMINIUM, the Commissioning Party should submit a filled-in Order Form for translation/ interpreting services, signed by a person authorised to represent the Commissioning Party. The Order Form may be submitted by the Commissioning Party personally at the offices of ATOMINIUM, mailed or faxed. In the latter instance, the Commissioning Party is obliged to deliver the original Order Form to ATOMINIUM upon request.

2. The first Order Form sent by the Commissioning Party to ATOMINIUM shall be accompanied by an authorisation to issue invoices without the signature of a person authorised for the collection of invoices. If such authorisation is faxed, the Commissioning Party is obliged to deliver the original to ATOMINIUM in up to 7 days time. If the authorisation is issued for an unspecified period of time, the Commissioning Party shall not be obliged to submit new authorisations for every subsequent order.

3. ATOMINIUM is not obliged to commence translation work without a correctly filled Order Form received from the Commissioning Party. An exception is made for the Commissioning Parties who entered with ATOMINIUM into a regular partnership agreement, pursuant to which every instance of sending a text for translation is equivalent to placing an order, without the need to fill in an appropriate form, provided that the Commissioning Party delivers all information necessary to perform a translation.

4. If, after receiving an Order Form, ATOMINIUM fails to deliver until the end of the same day any information on its inability to perform the order, (in the instance of orders received after 3 p.m. - by 3 p.m. on the subsequent day), the order shall be considered as accepted. Upon request of the Commissioning Party, ATOMINIUM shall deliver a written confirmation on accepting the order.

5. Upon the request of the Commissioning Party, prior to the commencement of work on the translation, ATOMINIUM shall deliver to the Commissioning Party information concerning the price of the service concerned, with the reservation that such price is always a unit price (of one standard page of translation or one hour of interpreting). ATOMINIUM may provide an initial estimate of the size of translation and submit a cost estimate, but the final price of the service is always based on the actual number of pages of translation or the actual duration of the interpreting service, which are known only after the service is performed.

§ 3 Terms and Conditions of Translation Services

1. The Commissioning Party shall deliver input texts as computer files or printouts. If the input text is hand-written and difficult to read, ATOMINIUM reserves the right - subject to consultation with the Commissioning Party - to increase the translation price by 30–50%.

2. ATOMINIUM shall deliver the output text to the Commissioning Party stored as Word for Windows, TXT or an Excel file if requested. If some other file format is required, ATOMINIUM reserves the right to increase the price of the service depending on the extra time necessary to work in the requested format, subject to consultation with the Commissioning Party. Certified (sworn) translations are delivered as printouts.

3. Certified translations must be collected personally by the Commissioning Party at the offices of ATOMINIUM. On request, ATOMINIUM may deliver texts by mail or by courier mail. Costs of courier mail shall be incurred by the Commissioning Party. Non-certified translations may be e-mailed or faxed, as requested by the Commissioning Party.

4. Translation size shall be calculated by the number of standard output pages or target words. The size of one non-certified translation page is 1800 characters (including spaces), while the size of one certified page is 1125 characters (including spaces).

5. The size of non-certified translations is rounded up to 0.5 standard page, and the size of certified translations - to 1 standard page. Minimum charge for small projects is a price for one page or 300 target words.

6. After the receipt of the input text, ATOMINIUM shall estimate its size and, based on the estimate, shall agree the urgency degree with the Commissioning Party. The following rates may be applied:

a) standard - translation of up to 5 standard pages or 1250 target words per day;

b) express - translation of 5,5 to 10 standard pages per day (price increased by 50%);

c) super express - exceeding 10 pages per day and all translations performed on the day of commission (price increased by 100%).

Saturdays, Sundays and other holidays are not included when negotiating the mode and deadline of translation services.

7. For express or super-express translations, ATOMINIUM reserves the right to divide the text between two or more translators, which may result in terminology discrepancies.

8. ATOMINIUM is not obliged to reproduce in the text of the translation any drawings, graphs, diagrams etc. which are not provided by the Commissioning Party as items suitable for editing by Microsoft Office. However, in consultation with the Commissioning Party, ATOMINIUM shall arrive at a manner of recording the translation which will enable the Commissioning Party to ascribe unambiguously all fragments of translation concerned to relevant fragments of the text which are a part of a drawing, graph or diagram etc.

9. Output texts of certified translations shall be delivered to the Commissioning Party as printouts in one copy. Upon request of the latter, ATOMINIUM may provide more copies of certified translations at the additional fee of 20% of the translation service. If the Commissioning Party orders any additional copies of a certified translation 7 days after the date of delivery, such an extra copy may be treated as a certified copy (with a fee of 50% of the translation price).

10. The text for certified translation should be delivered to the translator as an original, if available. Otherwise, it will be marked by the translator as "Translation of a Copy".

11. ATOMINIUM makes backup copies of all non-certified translations and stores them for at least 12 months.

§ 4 Terms and Conditions of Interpreting Services

1. Consecutive interpreting services are calculated on an hourly rate. The minimum day fee for consecutive interpreting is equal to a 2-hour rate. Every commenced hour is counted as a full hour.

2. Simultaneous interpreting services are calculated by 4-hour modules. The minimum fee for simultaneous interpreting per day is equal to a 4-hour rate. Simultaneous interpreting involves two interpreters. Exceptionally, if the duration of simultaneous interpreting does not exceed 2 hours, ATOMINIUM may, subject to consultation with the Commissioning Party, arrange for the service to be performed by one interpreter only.

3. If the duration of interpreting in one day exceeds 8 hours, the basic fee for additional hours of interpreter's work is increased by 50%. The 50% increase applies also to interpreting services performed on the day of commission and performed by night (after 8 p.m. ), on Saturdays, Sundays and other holidays.

4. The interpreter's working time is calculated starting from the hour for which the service was ordered and at which the interpreter appeared at the place of service performance, and ending with the hour at which the interpreter was released from duty by the Commissioning Party.

5. For interpreting services performed outside Kraków, the Commissioning Party shall cover costs additional to the cost of interpreting, that is the cost of interpreter's travel, accommodation and standby for service (the latter term means the cost of travelling time for the interpreter; the hourly rate in this instance amounts to 50% of the rate for interpreting services). If the time of interpreting service exceeds two days, and the interpreter has 8 hours of work guaranteed on each of these days, the Commissioning Party shall not cover the standby costs, provided that the interpreter's travelling time to the place of performance and back does not exceed eight hours.

6. While placing an order for interpreting services, the Commissioning Party shall provide ATOMINIUM with information on the topical range and character of interpreting services. For interpreting services concerning a specialist subject range, the Commissioning Party shall provide materials for the interpreter to serve as background for his/her work.

7. In the instance of simultaneous interpreting, the Commissioning Party shall deliver a conference programme in advance of performing the service, and - if possible - the list of participants and texts of their speeches.

§ 5 Order Cancellation

1. With respect to translations, the Commissioning Party is entitled to cancel ordered services at any moment. However, he is also obliged to pay for the part of translation rendered as output text by the moment of cancellation.

2. a) With respect to interpreting services planned to take no more than one day, the Commissioning Party may cancel the order without any consequences at the latest one working day in advance of the date of performing the service. If the interpreting service is cancelled on the day of its performance, the Commissioning Party shall incur the cost amounting to 50% of the estimated order value (increased by any possible extra costs for services performed outside Kraków, see § 4.5).

b) With respect to interpreting services planned to take between two and seven days, the Commissioning Party is entitled to cancel the order without any consequences three working days before the commencement of the interpreting service at the latest. If the order is cancelled at a later date, the Commissioning Party shall incur the cost amounting to 50% of the estimated order value.

c) With respect to interpreting services which are planned to take more than seven days, the Commissioning Party is entitled to cancel the order without any consequences seven working days prior to the commencement of the interpreting service at the latest. If the order is cancelled at a later date, the Commissioning Party shall incur the cost amounting to 30% of the estimated order value.

3. Orders shall be cancelled in writing.

§ 6 Secrecy

1. ATOMINIUM promises to keep secret all and any information obtained in relation to the performed translation/interpreting services, with particular emphasis on the contents of translated texts.

§ 7 Liability

1. ATOMINIUM shall be liable for the delivered translations up to the cost of the performed service.

2. ATOMINIUM shall not be liable for delays and defects due to reasons out of ATOMINIUM's control, such as force majeure, computer equipment failures, failures of Internet and telephone connections as well as power failure.

3. With respect to texts for publication, it is estimated that the Commissioning Party should edit and proof-read the texts at his own discretion, unless he commissions such services with ATOMINIUM.

4. ATOMINIUM is not liable for errors in translations concerning its subject matter, which appear in consequence of errors present in the input text.

§ 8 Complaints

1. The Commissioning Party is entitled to submit complaints concerning the delivered service in up to seven days following its performance. Complaints shall be submitted in writing and duly justified.

2. If complaints are accepted as justified, ATOMINIUM shall verify the translation free of charge, or - subject to consultation with the Commissioning Party - shall offer the latter a price reduction in the amount adequate to the gravity of the committed errors.

3. Any complaints on super-express translations shall not be accepted.

§ 9 Terms of Payment

1. Payments for delivered translations/interpreting services shall be based on invoices issued by ATOMINIUM. The Commissioning Party shall pay in cash at the offices of ATOMINIUM or shall transfer the amount receivable to the bank account specified on the invoice. The payment deadline is the seventh day following the date of the invoice.

2. The translations shall remain the property of ATOMINIUM until the Commissioning Party pays due fees. The Commissioning Party acquires copyright to translations at the moment of making the payment.

3. If an invoice is mailed to the Commissioning Party, the latter is obliged to mail back a legibly signed copy of the invoice, unless he has authorised ATOMINIUM to issue invoices without a signature of an authorised recipient.

4. In the event of delay in payment for this order, interest at the quadrupled lombard rate shall be accrued.

5. ATOMINIUM reserves the right to collect advance payment prior to commencing translation.

§ 10 Final Provisions

1. ATOMINIUM may undertake to perform services on terms and conditions different than the ones specified in these Regulations or Price List. In such instance, the terms and conditions shall be negotiated as a separate agreement between ATOMINIUM and the Commissioning Party.

2. Issues not regulated by these Regulations shall be governed by the provisions of the Civil Code and of the Act on Copyright and Related Rights of February 4th , 1994 . (Journal of Law No 24, item 83 with subsequent amendments.)

All and any possible disputes between ATOMINIUM and the Commissioning Party shall be solved by a competent court in Kraków. The Parties have jointly agreed on the competence of the Polish law and have subjected themselves to the jurisdiction of Polish courts.
 

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