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ISO 9001:2015, ISO 17100:2015, ISO 27001:2017 and ISO 18587 certified translation and localisation services

GLOBAL LANGUAGE SOLUTIONS IN THE FIELD OF SPECIALISED COMMERCIAL AND TECHNICAL TRANSLATIONS

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Regulations

§ 1

The subjective scope of the provision of services

These Regulations define the terms and conditions of cooperation between Omero Sp. z o.o., hereinafter referred to as the Agency, and an economic entity or natural person, hereinafter referred to as the Client, within the scope of the services provided by the Agency to the Client. “The Agency” and “the Client” shall hereinafter also be referred to as “the Parties”.

 § 2

The objective scope of the provision of services

1. The object of the services provided by the Agency is standard translation, certified translation and simultaneous, consecutive and certified interpretation, conference services, and all auxiliary services, in particular the graphic processing of the text, text editing, text correction, the preparation of the text for publication, the updating of the text, the preparation of terminology, the provision of interpretation equipment, and language consultation, taking into account the provisions of these Regulations.

2. The objective scope of the services commissioned to the Agency and the terms and conditions for their provision shall be set out in detail in the Order placed by the Client to the Agency.

 § 3

Rules for placing orders

1.  Before placing an Order, the Parties shall determine the scope, price, and manner of the provision of the service being the subject-matter of the Order and all other information necessary for the proper performance of this service.

2. The services shall be provided by the Agency on the basis of an Order for a particular service received from the Client.

3. The Client shall accept the Order by:

a) sending a signed and stamped Order form to the Agency in the form of a fax or scan by e-mail, or submitting it in person at the Agency’s registered office.

b) sending to the Agency a return confirmation by e-mail of a declaration of intent to accept the Order.

4. In order to comply with the terms and conditions for the provision of the service, the Client shall deliver the Order placed no later than by 4 p.m. on the day of setting out the terms and conditions for the provision of the service. In the event of a delay in the delivery of the Order, the Agency shall have the right to set out new terms and conditions for the provision of the service and submit them to the Client.

5. The Agency shall send to the Client a confirmation of acceptance of the Order in a form analogous to the acceptance of the Order by the Client, which shall equate to the Agency’s commencement of the fulfilment of the Order.

6. In the case of Consumers, confirmation of acceptance of the Order shall mean a waiver of the right to withdraw from the agreement and consent to immediate commencement of its fulfilment. 

§ 4

The terms and conditions for the provision of services

1. The Client undertakes to accept the completed Order and to pay the Agency the remuneration within the agreed time limit.

2. The confirmation of handing over and receipt of the completed Order to the Client shall be:

a) In the case of translations:

i. a signature of a Client’s staff member on any of the documents confirming the provision of the service (e.g. invoice, receipt, acknowledgement of receipt on the Order form, etc.),

ii.  a document confirming that the postal matter has been sent by post or courier to the address specified by the Client,

iii.  Confirmation of sending an e-mail (generated on devices used by the Agency) to the Client or to the address specified by the Client together with the attachments,

iv.  Confirmation of fax transmission to the fax number provided by the Client.

b) In the case of interpretation:

i.  a signature of a Client’s staff member on any of the documents confirming the provision of the service (e.g. invoice, receipt, acknowledgement of receipt on the Order form, etc.),

ii. the signing of the Interpreter’s Time Sheet by the Client or a person indicated by the Client.

3. The basis for payment for the performed service shall be an invoice or receipt issued by the Agency.

4. The Client shall have the right to make reservations (complaints) no later than 10 days after the date of issuing the subject-matter of the Order. After this period, this right shall expire. If the Client raises any objections to the subject-matter of the Order, the Agency shall be obliged to correct the subject-matter of the Order, in accordance with the Client’s instructions.

 § 5

Date of service performance

The date of the performance of the service shall be the date specified in the Order and confirmed by the Agency.

 § 6

Withdrawal, Exclusivity, Liability

1. The Client shall have the right to withdraw from the Order fulfilment on paying the Agency a compensation fee in the following amounts:

a)  If the Order included translation or another additional service provided by the Agency, excluding interpreting services:

i. the remuneration for the work actually performed, and the reimbursement of other costs incurred by the Agency in connection with the preparation for the provision of the ordered services; however, not less than 20% of the Order value.

ii. 100% of the Order value if the translation service or additional service provided in the express mode is cancelled, or after the lapse of 50% of the time provided for the completion of the Order.

b) If the Order included interpreting services:

i. 10% of the Order value if the Order is cancelled 3 days prior to the date of commencement of the interpretation;

ii. 50% of the Order value if the Order is cancelled 2 days prior to the date of commencement of the interpretation;

iii. 100% of the Order value if the Order is cancelled 1 day prior to the date of commencement of the interpretation or on the date of its commencement.

2.  The Client accepts that all arrangements concerning the Order to be fulfilled shall be made only through direct contact with the Agency. It is forbidden for the Client to make any arrangements concerning the Order directly with third parties, in particular with a translator/interpreter, a subcontractor of the Agency, etc.

3.  If the Client violates the prohibition specified in § 6 § (2), it shall be obliged to pay the Agency liquidated damages equal to 50% of the remuneration agreed for the fulfilment of the particular Order.

 § 7

The performance, non-performance, or improper performance of the service.

1.  The Service which is the subject-matter of the Order shall be regarded as having been duly performed if:

a)  it was performed at an appropriate professional level,

b)  it was delivered or was ready to be delivered within the agreed time limit.

2.  If the Client proves that the completed Order has defects, the Agency shall be obliged to immediately remedy them, within the time limit agreed with the Client.

3.  If the defects cannot be remedied, the Client shall have the right to demand liquidated damages equal to 25% of the net remuneration agreed for the completion of the particular Order, and, if the defects are material defects, which are found during the complaints procedure conducted in accordance with the procedure specified in §8 of the Regulations, the Client shall have the right to demand liquidated damages equal to 50% of the net remuneration agreed for the completion of the subject-matter of the Order.

4.  If the Agency fails to meet the deadline for the completion of the subject-matter of the Order, the Agency shall reduce the net remuneration for the completion of the subject-matter of the Order by 5% for each day of delay to the delivery of the subject-matter of the Order; in total not more, however, than the equivalent of 30% of the net remuneration agreed for the completion of the particular Order. In the event of a delay to the delivery of the subject-matter of the Order exceeding 10 days, the Client shall have the right to withdraw from the agreement without payment of remuneration to the Agency.

5.  The Agency shall be liable for damages resulting from the improper performance of the Order. In the event that the damage caused by the non-performance or improper performance of the subject-matter of the Order by the Agency exceeds the amount of the liquidated damages set out in the Regulations for a particular circumstance, the Client shall be entitled to claim compensation up to the full amount of the damages, excluding lost profits and limiting the scope of the Agency’s total liability related to the agreement to 150% of the net value of the agreement.

6.  Any Client who requires the performance of services in accelerated or express modes understands and accepts that such Orders may be performed by a group of subcontractors, which can affect the uniformity of terminology.

7.  The Agency shall not be held liable for any inconsistency in the terminology used in the translation with that used by the Client, if the Client, when setting the terms and conditions of the Order and placing the Order, fails to indicate or make available to the Agency the terminology used by the Client, in which case the translation shall be performed using the most-favoured vocabulary for the particular field.

8.  The Agency shall not be responsible for the preparation of a text for publication or for the lack of additional control and review processes in cases where:

a)  the Client fails to inform the Agency of the required use of the text for publication,

b)  the Client waives the additional processes provided for translations intended for publication. Such a withdrawal means that the Client understands and accepts the risks arising from the omission of the processes used in the case of translations intended for publication.

9.  The Parties shall not be liable towards each other for the improper performance or non-performance of their obligations if it is caused by force majeure events. Force majeure events within the meaning of these Regulations shall be considered to include strikes, blockades, computer-systems breakdown, power cuts, terrorist attacks, the occurrence of epidemics, or infectious diseases to the extent that they affect the proper functioning of the enterprise of the Party affected by the force majeure effects. The Party affected by force majeure events shall immediately notify the other Party of their occurrence and the estimated date of their termination.

 § 8

Complaints

1.  The Client shall be obliged to notify the Agency of any objections concerning the non-performance or improper performance of the subject-matter of the Order within 10 working days from the date of receipt of the completed subject-matter of the Order, provided that the failure to report the defects means that the Client has accepted the subject-matter of the Order without objections.

2.  Subject to the provisions of the law concerning consumers, after the expiry of the period referred to in sub-paragraph 1, any rights of the Client arising from the non-performance or improper performance of the subject-matter of the Order shall expire.

3.  The Client’s objections must be notified in writing and delivered to the Agency by e-mail, fax, post or in person. In addition, the Client shall be obliged to specify the circumstances, time and manner in which the defect was discovered and to describe the defect. In the case of interpretation, the notification of defects should in addition include an audio or audio-video recording.

4.  The Agency shall consider the complaint as soon as possible, not longer than 7 working days from the notification of the Client’s objections, as referred to in sub-paragraph 1.

5.  In the event of a dispute between the Client and the Agency as to the occurrence of defects in the completed Order, referred to in § 7 of the Regulations, the Parties undertake to resolve the dispute amicably, on the basis of an independent arbitrator chosen jointly by both Parties from a list of certified court interpreters/translators from the territorial jurisdiction of the District Court in Lublin.

6.  The amount of the liquidated damages under the provisions of § § 7(5) of the Regulations shall depend on the result of the assessment made by an independent arbitrator. The costs of the independent arbitrator’s making the assessment shall be covered by the Party who loses the dispute in the proceedings.

 § 9

Confidentiality

1. With the exception of public-domain material (press and Internet publications, legal Acts available to the public, etc.) and the applicable provisions of law, all documents and supporting material entrusted by the Client and the content of meetings translated by interpreters shall be treated as confidential, and shall not be disclosed in any way to any third parties. The Agency declares that all employees and subcontractors who will be involved in the handling of the Client’s orders have entered into an agreement with the Agency obliging them to maintain the confidentiality of all information provided by the Client. The above also applies to the information and data provided, even if the Parties have not concluded an agreement.

2. At the request of the Client, the Agency may provide a separate document constituting an obligation of confidentiality.

 § 10

Final provisions

1. The Regulations in force on the date of concluding the agreement constitute an element of the context of the concluded agreement from the date of placing the Order.

2. In special cases, the Agency, with the consent of the Client, may apply other rules of service provision than those specified in the Regulations, prepared in writing in order to be valid.

3. The Agency reserves the right to amend the Regulations.

4. To matters not governed by the provisions of these Regulations, the generally binding provisions of law shall apply.

5. The Parties to the agreement confirm that, in connection with the conclusion of the agreement and the performance of the efforts to conclude it, they are familiar with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (the GDPR, Official Journal of the European Union of 4 May 2016, L 119), the obligations to protect and secure the personal data which will be made available in connection with the implementation of this agreement and undertake to implement them and cooperate in their implementation, including the security and absolute protection of the data obtained, unless otherwise provided by law. The Client confirms that it has the knowledge that the performance of the agreement by the Agency may involve the use of the work of authorised cooperating entities, which may not deteriorate the standard of data and information protection.

6. Any disputes arising between the Parties shall be settled by the responsible court in Lublin.

7.  These Regulations shall be effective as of 1 January 2019.

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ent.1A 08001 Barcelona

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