Rules and Regulations
RULES AND REGULATIONS OF SERVICE PROVISION ON THE WEBSITE WWW.SUPERTLUMACZ.PL – APPLICABLE FROM 25.05.2018.
Article 1. DEFINITIONS
The terms used in these Rules and Regulations mean:
USER ACCOUNT – an individual panel maintained by SUPERTLUMACZ.PL and assigned to a given User, containing his/her data
SUPERTLUMACZ.PL – Futura Centrum Językowe Tomasz Muszyński with its registered office in Budziska (Kuźnia Raciborska, postal code 47-420) at ul. Główna 3, Business Activity Register kept by the Mayor of Kuźnia Raciborska EDG 927, REGON no. 020744156, NIP no. 639-181-82-73, being the Personal Data Controller
OBVIOUS CLERICAL ERROR – a minor distortion in the spelling of a word which does not make it impossible to recognise its meaning, the so-called “typo”.
GRAPHIC DESIGN – verification of the text in order to maintain its original layout on the page, as well as to maintain the original size and typeface
STYLISTIC PREPARATION – verification of the text in terms of its stylistic and punctuation correctness
RULES AND REGULATIONS – these rules and regulations
REGISTRATION – creating a User Account on the Website by sending an enquiry in the form of an e-mail message, contact form, text message, mail, in person or in another written form
WEBSITE – Internet website offering translations available under the domain of supertlumacz.pl
TARGET TEXT – a text translated from the Source Text in the target language
SOURCE TEXT – an original text in the Source Language intended for Translation
TRANSLATION – a translation of the Source Text into the Target Text, without stylistic preparation and graphic design, intended for personal use, in particular not for distribution, public performance and dissemination
USER – the entity that made the Registration
QUOTATION – the amount of SUPERTLUMACZ.PL remuneration for the performance of the Translation and the deadline for completing the Translation
TRANSLATION ORDER – conclusion of an agreement between SUPERTLUMACZ.PL and the User on the performance of a Translation according to the rules specified in the Quotation and in the Rules and Regulations
ARTICLE 2. USE OF THE WEBSITE
1. SUPERTLUMACZ.PL within the Website provides electronic translation services for Users in the scope of Polish and foreign languages.
2. Users may only be entities that are and are not consumers within the meaning of Article 221 of the Civil Code.
3. The use of the Website and the Ordering of Translations may only be made in compliance with the legal regulations and good practices applicable in the Republic of Poland. In particular, it is forbidden to send source texts to the Translator and to upload content that violates the rights of third parties, is racist, presents violence or incites violence or otherwise violates accepted moral and social standards.
4. In order to use the Website, it is necessary to install and correctly configure an Internet browser, Internet Explorer, version at least 10 or Mozilla Firefox, version at least 12, Google Chrome, version at least 66 and to accept cookies.
ARTICLE 3. USER ACCOUNT REGISTRATION
1. Use of the Website requires Registration.
2. Registration is free of charge.
3. One User may only have one User Account.
4. During the Registration process, non-consumers are required to provide the following data:
a) full name of the company (name and legal form) of the registered entity,
b) name and surname of a natural person performing the Registration on behalf of the registered entity,
c) registered office and address of the registered entity,
d) Tax Identification Number (NIP) of the registered entity,
e) e-mail address of the registered entity.
During the Registration process, users who are consumers are required to provide the following data:
a) name and surname of a natural person,
b) e-mail address of a natural person,
5. A Person performing the Registration declares that the data referred to in section 4 are correct and, moreover, that he/she is duly authorised to act on behalf of the Registered Entity.
CHANGING DATA AND SHARING OF USER ACCOUNTS
6. In the event of a change to the User data provided in the User Account, the User is obliged to update this data immediately.
7. Without SUPERTLUMACZ.PL’s consent, the User’s Account data may not be transferred or made available in any way to other entities, except to persons duly authorised by the User to act on the User’s behalf or to entities providing PAYMENTS TO SUPERTLUMACZ.PL
8. Payments to SUPERTLUMACZ.PL shall be made by:
a) bank transfer to the bank account of SUPERTLUMACZ.PL,
b) postal order to the bank account of SUPERTLUMACZ.PL,
c) payment via DotPay or eCard,
d) payment via PayPal services.
9. Payments to SUPERTLUMACZ.PL are accepted in the Polish currency PLN and the European Union currency EUR. In the case of a payment in a currency other than Polish, the payment is credited towards the required amount for the Translation after converting the payment made into the Polish currency on the basis of the exchange rate of the bank keeping SUPERTLUMACZ.PL’s bank account as of the day the bank account was credited.
10. If the bank account, DotPay, eCard or PayPal account belonging to SUPERTLUMACZ.PL is credited on working days after 3.00 p.m., on Saturday or Sunday or on a public holiday, the payment for the Translation is considered to have been made on the next working day before 3.00 p.m.
11. Making a payment to SUPERTLUMACZ.PL may only be used to remunerate SUPERTLUMACZ.PL for the Translation and the possibility of its return in whole or in part is excluded, except for situations specified in these Rules and Regulations.
12. If the User made a payment to SUPERTLUMACZ.PL via the DotPay or eCard service, the amount of the refund may be reduced by SUPERTLUMACZ.PL by the commission charged by the entity operating the DotPay or eCard service or the amount of the commission charged by the bank keeping SUPERTLUMACZ.PL’s account.
13. If SUPERTLUMACZ.PL receives a bank transfer confirmation on a working day, SUPERTLUMACZ.PL may, at its discretion, treat it as a credit to its bank account before 3:00 p.m. on that day. DELETION OF USER ACCOUNT
14. The agreement on the use of the Website is terminated by deleting the User Account.
15. SUPERTLUMACZ.PL at a written request of the User or a request sent from the e-mail address provided in the User Account shall delete the User Account.
16. The User Account is automatically deleted if the User has not ordered a Quotation or has not placed an Order for a Translation within 10 years.
17. SUPERTLUMACZ.PL reserves the right to delete the User Account in advance without giving any reason and informing the User about this fact.
Article 4. TRANSLATION
QUOTATION
1. Quotation is free of charge.
2. Quotation is made on an individual basis.
3. In order to obtain a Quotation, it is necessary to:
a) attach a computer file containing the Source Text at the Website or to in an e-mail message; In the case of personal contact, the Source Text must be made available in paper form or on a computer storage medium;
b) select or specify a language of the Source Text and a language of the Target Text from those available on the Website;
c) select or specify the branch of Translation compatible with the predominant part of the Source Text.
4. The Quotation includes the value added tax due, unless otherwise indicated.
5. The deadline for the completion of the Translation specified in the Quotation shall not be shorter than 1 working day, unless expressly agreed otherwise.
TRANSLATION ORDERS
6. Translation Ordering takes place at the moment of accepting the Quotation by the User, by making the Payment to SUPERTLUMACZ.PL for the Translation or by sending a correctly drafted Order to the e-mail address of the Website provided in the Quotation, bearing the personal signature of the ordering person on behalf of the non-consumer entity.
7. Orders sent on Saturdays, Sundays, public holidays and working days after 3:00 p.m. shall be deemed to have been placed on the next working day by 3:00 p.m., unless specified otherwise.
8. As of ordering the Translation, the obligation to pay for the Translation is effected in accordance with the payment deadline specified in the Quotation.
ORDER FULFILMENT
9. SUPERTLUMACZ.PL ensures that the translation is carried out by appropriately prepared professional translators.
10. The Translation is carried out by sending the User an e-mail with the Target Text in the form of a computer file or by other means – if the User and the Website agree so in advance.
11. SUPERTLUMACZ.PL provides the User with access to the computer file referred to in paragraph 10 for at least 30 days from the day of completing the Translation. The completed Translation may contain Obvious Clerical Errors; such errors do not constitute a defect of the Translation.
VAT INVOICES
12. No later than on the 15th day of the month following the month in which the Translation was completed, SUPERTLUMACZ.PL issues an electronic VAT invoice to the User who is not a consumer and sends it to the e-mail address stated in the User Account.
13. At the User’s request sent from the e-mail address given in the User Account, notified to SUPERTLUMACZ.PL before ordering the Translation or before issuing an invoice in electronic form, SUPERTLUMACZ.PL shall issue a VAT invoice in paper form instead of the electronic form and send it by mail to the User’s address given in the User Account.
14. The VAT invoice shall include the User’s details provided in the User Account at the time of invoicing.
CANCELLATION OF ORDER
15. The User may cancel the ordered Translation until it is performed.
16. In the case of resignation from the ordered Translation before the commencement of the Translation, the User is entitled to a refund of half of the remuneration SUPERTLUMACZ.PL stated in the Quotation. The refund shall be made by making a transfer to the account from which the User made the Payment to the Website or by any other means indicated by the User in writing. The refund shall be reduced by the amount of the commission charged by DotPay, eCard or the bank holding the account of the Website as of the date of the refund.
17. If the User resigns from the ordered Translation after it has been submitted for performance, he/she is not entitled to a refund of any part of SUPERTLUMACZ.PL’s remuneration stated in the Quotation.
Article 5. COMPLAINTS ABOUT DEFECTS IN THE TRANSLATION
1. If the Translation has a defect, the User is entitled to file a complaint.
2. The complaint should be submitted in writing or sent by e-mail to kontakt@supertlumacz.pl within 14 days of the completion of the Translation under pain of losing the rights under the warranty for defects.
3. Such a complaint should contain a detailed description of the defect.
4. A complaint submitted in breach of the requirements set out in paragraphs 2 and 3 shall not be considered.
5. SUPERTLUMACZ.PL shall recognise the complaint within 14 days from the day of its receipt by sending a response to the User’s e-mail address recorded in the User Account. In particularly justified cases, when the processing of the complaint is difficult for objective reasons, e.g. due to the volume of the Translation, the deadline for processing the complaint may be extended to 30 days, about which the User will be informed before the expiry of the 14 days.
6. If the complaint is accepted, SUPERTLUMACZ.PL:
a) removes the defect within the time limit equal to the time limit for completing the Translation according to the Quotation, but not shorter than 2 days, or
b) lowers the amount of SUPERTLUMACZ.PL’s remuneration specified in the Quotation according to the extent and type of the defect.
7. A reduction in the amount of SUPERTLUMACZ.PL’s remuneration shall be made by refunding part or all of the Payment made by the User to the account from which the User made the Payment or in any other way indicated by the User in writing.
DELAY IN TRANSLATION
8. SUPERTLUMACZ.PL shall not be liable for any delay in the performance of the Translation, unless it has resulted from SUPERTLUMACZ.PL’s fault.
9. In the case of a delay for which SUPERTLUMACZ.PL is responsible, the User is entitled to a reduction in the amount of SUPERTLUMACZ.PL’s remuneration specified in the Quotation in the amount of 3% for each working day of delay, but not more than 50% provided that the delay is not longer than 16 working days.
10. The reduction of SUPERTLUMACZ.PL’s remuneration shall be made at the request of the User by sending an e-mail at the Website containing this request, and the Website shall, within 14 days, refund the money to the account from which the User made the Payment or to any other account of the User expressly indicated by the User. For Users who are not consumers, the refund shall be settled on the VAT invoice, by reducing the amount of the Quotation by the value indicated in Article 5(9).
11. If the delay for which SUPERTLUMACZ.PL is responsible exceeds 16 working days, the User is entitled to withdraw from the ordered Translation.
12. The User’s withdrawal declaration shall be submitted to SUPERTLUMACZ.PL in writing, within not longer than 14 days from the date on which the right of withdrawal arose, under pain of its loss.
Article 6. DISCLAIMER
1. SUPERTLUMACZ.PL shall not be liable in situations specified in Section 3 of the Act of 18 July 2002 on provision of electronic services (Journal of Laws. No. 144, item 1204, as amended.), as well as in the following cases:
a) use of the Website in a manner inconsistent with the Rules and Regulations, in particular provision of incomplete or false data during Registration, failure to update the User’s data, use of Internet browsers other than the required ones and upload of prohibited content to the Website,
b) use of the User’s Account by unauthorized persons,
c) non-performance or improper performance of the Translation caused by force majeure,
d) loss of the User’s data due to equipment or computer system failure or other circumstances beyond the control of SUPERTLUMACZ.PL,
e) a break in access to the Website caused by the necessity to carry out technical or maintenance work, as well as a break caused by other reasons, unless such reasons are attributed to SUPERTLUMACZ.PL’s fault, and the break lasts at least 14 days.
2. The level of SUPERTLUMACZ.PL’s liability for the ordered Translation is limited to the value given in the Quotation for that Translation. Article 7. PRIVACY POLICY 1. SUPERTLUMACZ.PL informs that:
a) it is the controller of the personal data provided by the User,
b) in order to perform the Agreement it will perform the translation services, and during their performance it will process the User’s personal data for this purpose,
2. SUPERTLUMACZ.PL shall process the User’s data:
a) for the purposes of its translation activity, performance of Quotations, processing of complaints, consideration of claims, prevention of abuse, performance of obligations arising from the applicable law, tax law, as well as archiving,
b) for the purpose of transferring marketing and information materials for its own and Trusted Partners’ services and products. A list of Trusted Partners can be found on the website under the “Trusted Partners” tab,
c) contact, transactional, location data and statements made using automated data processing methods. Client’s data may be sourced differently. As a consequence, the User will be able to receive the tailored offers of products and services offered by SUPERTLUMACZ.PL
d) for the period necessary to perform the Agreement to which the Client is a party or activities related to services that are or were provided to the Client, and then for a period of 10 years counted from the day on which the Agreement is terminated or another period appropriate for the limitation of prospective claims,
e) depending on the case, after the expiry of the above periods SUPERTLUMACZ.PL shall make the Client’s data anonymous,
f) may, for the purpose of the performance of the Agreement and fulfilment of statutory rights and obligations, transfer the Client’s personal data to entities and institutions collecting and providing information and institutions authorized to collect data in connection with the translation activity conducted by SUPERTLUMACZ.PL to entities to which SUPERTLUMACZ.PL entrusts data processing in connection with agreements concluded by SUPERTLUMACZ.PL on the provision of services to SUPERTLUMACZ.PL,
g) User’s and representative data, including personal data, may be disclosed to entities (including entities seated outside the territory of the Republic of Poland or outside the territory of the EU) to which SUPERTLUMACZ.PL entrusts the processing of data for the performance of agreements on the provision of services for its benefit,
h) the Client has the right to access and rectify his/her data and to transfer them, and may also demand their deletion, restriction or object to their processing. The client also has the right to lodge a complaint with a supervisory authority regarding the protection of his or her data.
3. The User may change or revoke all given consents related to the processing of his/her personal data by SUPERTLUMACZ.PL. The amendment or revocation should be in writing.
4. The User agrees to receive from SUPERTLUMACZ.PL, by mail, e-mail and SMS text messages, information on news and promotions offered on the Website and on events concerning the User and connected with his/her use of the Website, in particular connected with the ordered Translation. Article
8. CONFIDENTIALITY
1. SUPERTLUMACZ.PL undertakes to keep confidential the information on:
a) the User’s organisation of work and method of conducting business activity – constituting a company secret, if it came into its possession,
b) the agreed remuneration for the performance of the Translation,
c) the content of each text offered for translation, as well as the completed Translation, unless it is publicly available,
Article 9. FINAL PROVISIONS
1. SUPERTLUMACZ.PL shall be entitled to amend the Rules and Regulations, provided that it notifies the User of such an amendment within a period of at least 14 days, unless applicable laws provide otherwise.
2. Any amendments to the Rules and Regulations shall come into force upon the expiry of the deadline indicated by SUPERTLUMACZ.PL in a notification of amendments to the Regulations sent to the User’s e-mail address provided in the User Account.
3. The User may refuse to accept an amendment to the Rules and Regulations not later than by the day before the amendment comes into force.
4. If the User refuses to accept the amendment to the Rules and Regulations,
a) the performance of previously ordered Translations shall continue in accordance with the existing terms and conditions,
b) the User may not order new Translations,
c) after the completion of previously ordered Translations, the User Account shall be deleted.
5. In matters not regulated by the Rules and Regulations, the relevant provisions of Polish law shall apply.
6. The court exclusively competent to adjudicate disputes between SUPERTLUMACZ.PL and the User shall be the court having material jurisdiction over the registered office of SUPERTLUMACZ.PL.
7. The Rules and Regulations shall enter into force on 25 May 2018.
