Subjective scope of services

These Terms and Conditions specify the rules for providing services within the scope of translation and interpreting provided by SWORNS.PL Ewa Tyszko with its registered office in Warsaw, ul. Igańska 12/4, NIP: 8512563213, REGON:811949021, , hereinafter referred to as the “Contractor”, and business entities or natural persons, hereinafter referred to as the “Ordering Party”, within the scope of the services provided by the Contractor to the Ordering Party.

The Contractor and the Ordering Party are hereinafter referred to as the “Parties”.

§1

Subjective scope of services

1. The subject of the services provided by the Contractor is translation and interpreting, both regular and certified, as well as other related services, including but not limited to editing and proofreading, preparation of glossaries, graphic processing of texts and provision of interpretation equipment, hereinafter referred to as the “Order”.

§2

Order and the rules for submission and deadlines

1. The Parties specify the terms and conditions of Order completion, personally, in writing, by phone or by e-mail, and then the Ordering Party accepts it personally, in writing or via e-mail.
2. If the Order is accepted via e-mail, the Order must be sent from the Ordering Party’s corporate e-mail. If the Order is accepted personally, in writing, it must include a legible signature of the Ordering Party and a company stamp.
3. Orders are accepted on a given business day, by 3:00 p.m. If the Order is accepted later, the terms and conditions of the Order, in particular, the deadline and the price may change.
4. A business day is any day when the Contractor provides their services, excluding Saturdays, Sundays, public holidays or non-working days.
5. The Order deadline is the deadline specified in the Order and confirmed by the Contractor.

                                                            §3

Confidentiality:

1. The Contractor undertakes to maintain the confidentiality of all information provided to and shared with them by the Ordering Party, for the purposes of completing the Order. All information concerning the order may be shared only with employees and sub-contractors working directly on the completion of a given Order.
2. Both Parties undertake to maintain the confidentiality of the terms and conditions and the prices of the Order.

                                                               §4

Exclusivity, liability and rescission of an agreement

1. The Contractor is not liable to the Ordering Parties for failure to complete or improper completion of a service for reasons related to third parties (such as telecommunication network operators, courier companies) or resulting from force majeure.
2. The Contractor is not liable for substantive errors in a translation, if they result from the source (original) text.
3. Orders completed on an expedited basis may be completed by a group of translators, which may affect the terminology. This means that there may be differences in the vocabulary used in the translated text.
4. If the Ordering Party does not provide the Contractor with the required terminology to be used in a translation or an interpretation, the most common vocabulary for a given area will be used, and the Contractor will be released from liability for failure to use corporate terminology.
5. The Ordering Party should inform the Contractor if a file is intended for publication.
6. The Contractor shall not be liable for a lack of additional processes, such as proofreading, editing, independent review by another translator or proofreading of production files, should the Ordering Party abandon them and the translated is intended for publication.
7. If the Order for a written translation in cancelled, the Ordering Party will be charged with the costs arising directly from the portion of a text translated until the Contractor receives the Order cancellation.

Cancellation must be delivered in written form, via e-mail. The Ordering Party cannot cancel the Order on the last day of its completion. The Ordering Party receives a completed written translation within 24 hours of receiving the Order cancellation

• If the Order for interpreting is cancelled, the Ordering Party will be charged the following fees:

- 20% of the Order value, if it is cancelled 3 days before the Order is completed

- 50% of the Order value, if it is cancelled 2 days before the Order is completed,

- 100% of the Order value, if it is cancelled 1 day before the Order is completed or on the day of completion.

                                                            §5

Complaints, failure to perform or improper performance of the services

1. The Ordering Party is obliged to notify the Contractor in writing (via email or in person) about errors in the completed Order, within 7 days of delivering the service. If errors in a completed Order are not communicated within the specified deadline, the Order shall be deemed to be completed without reservation.
2. The Ordering Party is obliged to provide a list of reservations in a completed written translation. The reservations should be submitted in writing, via email, in Polish or the target language.
3. If the errors in the Order cannot be removed, the Ordering Party shall be entitled to request a contractual penalty of 25% of the Order.
4. The Contractor shall process a complaint as soon as possible, within 7 business days.
5. The Contractor is obliged to remove an error specified by the Ordering Party immediately, within the deadline agreed with the Ordering Party, however, no later than within 50% of the time during which the Order was completed.
6. If the Contractor fails to submit a translation within the specified deadline, the Ordering Party may charge the Contractor with a contractual penalty of 3% of the Order net value for each day of delay, however, not higher than 25% of the value of the whole Order net value.
7.  If a dispute arises between the Parties concerning errors in a completed Order, the Parties shall be obliged to settle the dispute amicably, based on an opinion presented by an independent arbitrator, selected by both Parties from the list of court certified experts-translators, registered or residing within the jurisdiction of the Regional Court in Warsaw.

                                                            §6

Payment

1. The payment deadline and method are agreed with the Ordering Party every time.
2. The Ordering Party is obliged to request a VAT invoice while placing the Order.
3. The Contractor is entitled to collect the whole remuneration in advance if the Ordering Party is a natural person.
4. The Contractor is entitled to collect the remuneration in whole or in part in advance if
   the Ordering Party is a legal person placing an order for the first time.

Final Provisions

1. The Terms and Conditions may be updated by the Contractor at any time.
2. The Parties to the agreement confirm that – in relation to the Agreement and completion of efforts to conclude it – they know Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, arising from regulations, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119), the obligations to protect and secure personal data that will be shared in relation to the performance of this Agreement, and undertake to comply with them and cooperate to fulfil them, including the safety and absolute protection of the data they acquire, unless regulations state otherwise.
3. The Contractor, upon the Ordering Party’s consent, may use rules for performing a service other than those specified in the Terms and Conditions, under pain of nullity.
4. All disputes arising between the Parties shall be settled by a competent court in Warsaw.
5. The Terms and Conditions become effective as of 15 January 2023.