Statute

TERMS AND CONDITIONS OF AVISTA TRANSLATIONS & CONSULTING TRANSLATION OFFICE

These Terms and Conditions (hereinafter the „Terms”) set out the rules for providing translation services and for using the websites of the company: Avista Translations & Consulting Agata Zakrzewska, based in Czarna Woda (83-262), Poland, at ul. Starogardzka 52 (hereinafter: AVISTA TRANSLATIONS & CONSULTING), as well as the rights and obligations of the Parties to the agreement for performance of the commissioned service.

§1
[General provisions]

1. AVISTA TRANSLATIONS & CONSULTING provides translation services in accordance with the Terms below.
2. By using the services of AVISTA TRANSLATIONS & CONSULTING, the Client accepts
these Terms in their entirety.
3. AVISTA TRANSLATIONS & CONSULTING reserves the right to make changes
to these Terms, as well as to the price list of services, which will be provided to the Client individually.
4. AVISTA TRANSLATIONS & CONSULTING is the owner of the website domain: www.avistatranslations.com.
5. AVISTA TRANSLATIONS & CONSULTING offers its Clients translation services, including written translations and interpreting in English, Dutch and Polish.
6. Any translation services entrusted to AVISTA TRANSLATIONS & CONSULTING are carried out directly by employees of AVISTA TRANSLATIONS & CONSULTING or by subcontractors – professional translators and proofreaders. AVISTA TRANSLATIONS & CONSULTING is not liable for the acts/omissions of Subcontractors. A Subcontractor performs the assignment professionally, with due diligence, and is individually liable to the Client for their own acts or omissions.
7. All prices contained in offers from AVISTA TRANSLATIONS & CONSULTING, whether sent by email or traditional post, are net prices. Each offer contains information on the amount of VAT, which must be added to the net prices offered. The settlement currency is PLN, EUR, USD or GBP, depending on the Client’s preference.
8. AVISTA TRANSLATIONS & CONSULTING is a registered VAT payer, therefore, as part of intra-Community supplies of translation services to entities based in the European Union that are registered VAT payers, VAT will not be charged. In such cases, the Client shall settle VAT in their own country in accordance with applicable law. The above does not apply to businesses based in Poland. In accordance with the reverse charge mechanism under Article 28b of the VAT Act.

§2

[Provision of written translation or interpreting services]

1. The Client may submit an inquiry at any time via the form on the website or directly to the email address [email protected]. Based on the document sent for translation, its analysis, and the information provided by the Client, AVISTA TRANSLATIONS & CONSULTING presents an offer for the translation assignment in question via email and/or telephone conversation. The Client should provide any additional information regarding the intended purpose of the translation, its anticipated recipients, and how it will be used, in order to provide AVISTA TRANSLATIONS & CONSULTING with the complete data needed to tailor the translation to the Client’s requirements. Otherwise, the translation will be carried out in accordance with good practice in the translation industry. The Client places an order by way of written confirmation in the form of an email, which is equivalent to concluding an agreement for the provision of the translation service.
2. Online confirmation of an order by the Client, as described in the preceding paragraph, is understood as:
a) making an online payment via the available online payment systems after confirming that these Terms have been read, in the case of a new or unverified Client,
b) confirming the order by email after having read these Terms, in the case of a Client with whom an ongoing working relationship has been established.
3. Until the order is confirmed or payment is made by the Client, offers from AVISTA TRANSLATIONS & CONSULTING presented by email, telephone conversation, or by traditional means are always non-binding – they do not create an obligation to conclude an agreement.
4. In certain cases (i.e. where a Client delays confirming the order or making payment), AVISTA TRANSLATIONS & CONSULTING may make the conclusion of the agreement and performance of the order conditional, based on the offer presented, on obtaining from the Client written authorisation to represent the legal entity, full or partial prepayment, including in the case of a regular or verified Client.
5. The turnaround time for an order does not include Saturdays, Sundays, and statutory public holidays.
6. The turnaround time for an order is determined after a specific order and the materials for translation have been accepted.
7. Delivery deadlines for a specific order, presented by email and indicated by the Client, become binding once the change of the order’s status to „accepted for execution” is confirmed by email.
8. Delivery of the completed translation takes place in one of the following ways:
a) by electronic delivery, i.e. the Client will receive an email containing a file with the completed translation as an attachment. Electronic delivery is free of charge.
b) by courier delivery, at the Client’s explicit request. Delivery costs are not included in the quote. Delivery costs are in every case borne by the Client, who is informed of this in advance.
9. If the Client identifies any obvious defects in the delivered work, the Client shall promptly, upon receipt, inform AVISTA TRANSLATIONS & CONSULTING in writing of the defects found, specifying them. In the case of hidden defects, the Client is obliged to report them to AVISTA TRANSLATIONS & CONSULTING promptly upon their discovery. The time limit within which the Client may report defects to AVISTA TRANSLATIONS & CONSULTING is set out in the relevant provisions of the Polish Civil Code.
10. If the translation has deficiencies or deviates from the contractual arrangements, the Client shall set a deadline of at least 14 days for corrections to be made to the work. AVISTA TRANSLATIONS & CONSULTING is released from the obligation to make corrections to the work where the Client is responsible for the deficiencies or discrepancies, e.g. as a result of providing incorrect or incomplete supplementary information or sending incorrect source texts. AVISTA TRANSLATIONS & CONSULTING is also released from the obligation to make corrections where the defect arose from carrying out the work according to the Client’s instructions, which AVISTA TRANSLATIONS & CONSULTING had challenged, giving full justification, and had warned the Client of the anticipated consequences of following them. After the deadline for making corrections has passed, the Client may withdraw from the agreement or demand a price reduction, provided AVISTA TRANSLATIONS & CONSULTING has failed to remedy the deficiencies within the set time. The above claims are excluded where the deficiencies and/or discrepancies reduce the value and usefulness of the work only to a minor extent.
11. The Client may withdraw from the agreement at any time before completion of the ordered translation. If the Client withdraws from the agreement in respect of an order that has already been passed to the translator or another subcontractor, a cancellation fee of PLN 50.00 net (in words: fifty złoty, 00/100 grosz) will be charged. Where work on the translation has already begun, in addition to the above cancellation fee, a charge will be made for the work carried out to date (proportional to the degree of progress of the translation work), and the Client will receive the part of the work that had been completed up to the moment of withdrawal from the agreement.
12. All materials and documents that the Client has made available to AVISTA TRANSLATIONS & CONSULTING for the purposes of carrying out a given order will be returned to the Client promptly after the order is completed. Materials in electronic form that AVISTA TRANSLATIONS & CONSULTING has received for the purposes of properly performing the work, together with files containing the original text and the translation, are stored by AVISTA TRANSLATIONS & CONSULTING and will be deleted only at the Client’s explicit written request, which the Client may make within 14 days of the date of completion of the agreement binding the Parties.

§3
[Provision of interpreting services, conference and delegation support]

1. AVISTA TRANSLATIONS & CONSULTING also provides interpreting services, including consecutive and simultaneous interpreting, as well as conference and delegation support. For the services specified in the first sentence, all quotes are prepared in the traditional way, based on the Client’s inquiry addressed to AVISTA TRANSLATIONS & CONSULTING and on information such as: the date and place of service provision, the language combination, the duration of the service, and the number of participants, etc.
2. Offers for the services described in item 1 are always prepared individually and are always time-limited in accordance with the information contained in the offer.
3. The Client may withdraw from the agreement for interpreting, conference or delegation support before the service begins. In the event of withdrawal, the Client will be charged for the interpreter’s preparation for the assignment, as well as any cancellation costs for the reservation of the conference room and hotel rooms:
a) 25% of the value of the service in the event of cancellation two weeks before the planned start of the service,
b) 50% of the value of the service in the event of cancellation seven days before the planned start of the service,
c) 80% of the value of the service in the event of cancellation less than seven days before the planned start of the service,
d) 100% of the value of the service in the event of cancellation on the planned start date of the service.
4. In the event of a change to the date of the service, the Client shall bear the cancellation costs for the reservation of the conference room, hotel rooms, and conference equipment, in accordance with items a-d of item 3.
5. Where only a simultaneous interpreting service is ordered, the Client is obliged to provide the appropriate conference equipment required for the service to be properly performed, in accordance with good practice for this type of translation assignment, and appropriate working conditions for the interpreters. AVISTA TRANSLATIONS & CONSULTING is not liable for the absence or malfunction of conference equipment that may prevent the proper performance of the simultaneous interpreting service entrusted to AVISTA TRANSLATIONS & CONSULTING.
6. One of the basic conditions for the proper performance of interpreting services – both consecutive and simultaneous – is that the Client provides AVISTA TRANSLATIONS & CONSULTING, in good time, with the necessary materials, such as the meeting/conference agenda, speakers’ presentations, speech content, specialist glossaries and any other supporting materials, thanks to which the interpreters will be able to prepare for the proper performance of the service. If the necessary materials are not provided, AVISTA TRANSLATIONS & CONSULTING is not liable for any problems relating to the translation of specialist industry terminology.

§4
[Remuneration and payment terms]

1. Unless otherwise agreed, remuneration owed to AVISTA TRANSLATIONS & CONSULTING for the performance of a given order specified in an offer is payable, in the case of a new or unverified Client, in advance by bank transfer to the account indicated by AVISTA TRANSLATIONS & CONSULTING, and in the case of a regular or verified Client, within a period individually agreed with the specific Client from the date of receipt of the completed translation, localisation, or completion of the interpreting service, unless the Parties have agreed other terms and payment deadlines.
2. The payment referred to in item 1 above is made by the Client on the basis of a VAT invoice issued by AVISTA TRANSLATIONS & CONSULTING.
3. Settlement and payment are made in the currency in which the VAT invoice was issued, and in accordance with the terms set out in the offer for the given order.
4. AVISTA TRANSLATIONS & CONSULTING reserves the right to agree individual settlement and payment terms with the Client in connection with the performance of an urgent translation service.
5. In the event of late payment, AVISTA TRANSLATIONS & CONSULTING may demand from the Client payment of statutory interest for delay in accordance with the applicable provisions of the Civil Code.

§5
[Copyright]

1. If a work within the meaning of copyright law arises in the course of performing the translation service, AVISTA TRANSLATIONS & CONSULTING transfers to the Client, on an exclusive basis, all economic copyright relating to the given translation with respect to:
a) copying on any medium,
b) copying in whole or in part in any type of translated materials,
c) exhibiting or presenting during conferences, training meetings, gatherings,
d) use in publishing materials and in all kinds of audio-visual and computer media, and sale or exchange and other forms of disposal of the work to third parties, in the form of lending and leasing, without territorial, time-related, financial or thematic restrictions.
2. The transfer of economic copyright takes effect upon full settlement of the amount owed to AVISTA TRANSLATIONS & CONSULTING for the performance of the given translation.
3. AVISTA TRANSLATIONS & CONSULTING transfers to the Client the right to use derivative copyright, in particular the right to use the translation in whole or in part and to combine any such work with other works and to develop it by adding various elements, updating it, or modifying it.
4. AVISTA TRANSLATIONS & CONSULTING grants the Client the right to use the translations in the following fields of exploitation:
a) recording, copying, storing in the memory of computers and computer network servers,
b) reproduction by any technique, placing on the market,
c) public performance or reproduction, exhibition, display,
d) rental, leasing, lending for non-commercial use,
e) broadcasting by wired or wireless vision or sound via a terrestrial station, broadcasting via satellite,
f) computer transmission (broadband network, the Internet) and permission to create and broadcast compilations.
5. AVISTA TRANSLATIONS & CONSULTING represents that the translations will not infringe copyright or any rights of third parties.

§6
[Data protection and confidentiality rules]

1. Personal data protection is taken seriously at AVISTA TRANSLATIONS & CONSULTING. We always comply with the provisions of personal data protection legislation.
This section describes the situations in which the data of our Clients is collected.
2. Data recorded and stored is collected solely for the purposes of fulfilling orders, issuing VAT invoices, handling any subsequent complaints, and for our customer service needs.
3. Access to the collected data of users and Clients is granted exclusively to employees of AVISTA TRANSLATIONS & CONSULTING. This does not apply to documents for translation or supporting materials provided by the Client, to which both employees and the relevant associates and subcontractors of AVISTA TRANSLATIONS & CONSULTING responsible for preparing the translation services ordered by the Client have access.
4. Where an individual agreement has been signed, the client may work with only one translator, and only that person will have access to the client’s documentation.
5. Cookies are used while browsing the AVISTA TRANSLATIONS & CONSULTING websites and/or online services. Cookies are small text files that AVISTA TRANSLATIONS & CONSULTING’s websites and online services collect while they are being browsed and save on the user’s local hard drive. These files collect information that enables users faster and more personalised access to the content contained on AVISTA TRANSLATIONS & CONSULTING’s websites and online services. Cookies also store information about the user, their preferences, and site settings. Cookies are also used by AVISTA TRANSLATIONS & CONSULTING for statistical purposes. Any user may disable and/or delete cookies at any time. All web browsers offer the option to block cookies or delete them from the local drive. Detailed instructions on how to block and delete cookies can be found on browser providers’ websites.

§7
[Force majeure]

1. Force majeure should be understood as a sudden event, beyond the control of both the Client and AVISTA TRANSLATIONS & CONSULTING, where at the time the agreement was concluded it was impossible to foresee such an event and its consequences, which affected the Party’s ability to perform the agreement, and where it was impossible to avoid the event itself or at least its consequences.
2. AVISTA TRANSLATIONS & CONSULTING is not liable for faults and delays arising as a result of force majeure, such as computer hardware failures, internet and telephone line failures, failures as well as maintenance breaks by providers of web-based software, power outages, etc., as well as delays caused through the fault of the Client.
3. AVISTA TRANSLATIONS & CONSULTING is not liable to Clients for failure to perform or improper performance of a service due to reasons attributable to third parties (such as telecommunications network operators) or caused by force majeure events.
4. Where a Party invokes the occurrence of force majeure, it shall immediately notify the other Party by email, and in any event no later than within 7 days. This notice shall specify the type of event, its effects on the fulfilment of obligations under the Agreement, and the measures taken to mitigate these consequences.
5. A Party that has given notice of the occurrence of a force majeure event is obliged to continue performing its obligations under the Agreement to the extent possible, and is also obliged to take all steps aimed at performing the subject matter of the Agreement that are not prevented by the force majeure event.
6. Obligations that a Party is unable to perform as a result of force majeure are suspended for the duration of the force majeure event, i.e. during the force majeure event, the above obligations are not performed and the deadlines for their performance are extended by the duration of the force majeure event.
7. Where a force majeure event continues for longer than 3 months from the time it is established to have occurred, either Party may withdraw from the Agreement in whole or in the part affected by the force majeure event, within 30 days of the expiry of the 3-month period of the force majeure event invoked by that Party.

§8
[Complaints procedure]

1. Using, in any way, a translation performed by AVISTA TRANSLATIONS & CONSULTING before payment has been made – including passing on or making the translation available to third parties – is deemed to constitute acceptance of the translation without reservation.
2. The Client has the right to submit a complaint regarding the translation service performed within 7 days from the date of its performance.
3. A complaint is only considered if the payment deadline for the completed translation has not been exceeded.
4. A complaint should be submitted by traditional post or by email correspondence.
5. A complaint should contain a detailed written description of the objections, with specific indications of the errors and justification for them. Comments may also be legibly marked on the text of the translation, with indications of errors, e.g. highlighted sections of text.
6. Comments should be specific and precise, and should relate solely to errors arising through the fault of the translator.
7. If a complaint is deemed valid by AVISTA TRANSLATIONS & CONSULTING, AVISTA TRANSLATIONS & CONSULTING is obliged to remove any defects in the translation free of charge and without delay, while allowing sufficient time to consider them properly.
8. AVISTA TRANSLATIONS & CONSULTING reserves the exclusive right to make corrections to the text subject to the complaint.
9. Complaints regarding translations performed on an urgent basis are not accepted.
10. The submission of a complaint by the Client does not constitute grounds for refusing to pay the amount owed for the service performed by AVISTA TRANSLATIONS & CONSULTING, nor may it in any way reduce or delay such payment.

§9
[Liability]

1. AVISTA TRANSLATIONS & CONSULTING is not liable for substantive errors in the translation arising from ambiguities or errors in the original text.
2. The liability for damages of AVISTA TRANSLATIONS & CONSULTING does not cover errors in translations performed on an urgent basis.
3. A Client ordering a translation on an urgent basis accepts the risk of errors occurring in the translation.

§10
[Final provisions]

1. Changes and additions to these Terms take effect for the future.
2. These Terms and any agreements concluded on their basis are governed by Polish law.
3. In matters not regulated by these Terms, the relevant provisions of Polish law shall apply, in particular the Civil Code and the Act on the Provision of Electronic Services.
4. Any disputes arising from these Terms or from agreements concluded between AVISTA TRANSLATIONS & CONSULTING and the Client, which cannot be resolved by mutual agreement, will be settled by the court having local jurisdiction over AVISTA TRANSLATIONS & CONSULTING.
5. In the event of any discrepancy between the Polish version of these Terms and their translation into another language, the Polish version shall in every case be the binding version.