        
El Mundo - Translations e-mail: info@elmundo.com.pl   El Mundo Rules EL MUNDO TRANSLATION AND BUSINESS SERVICE AGENCY
GENERAL RULES
These General Rules (“Rules”) determine the terms and conditions of the provision of services by Agencja T³umaczeñ i Obs³ugi Biznesu El Mundo (El Mundo Translation and Business Service Agency) (“Agency”) to any legal or natural entity (“Ordering Party”) against remuneration specified in the current Pricing Details (“Pricing Details”). 1. Scope of Service
1.1 The Agency offers the following services: a) translation, b) sworn translation, c) interpretation, d) auxiliary services: * proofreading, * document formatting, * graphics, 1.2 The Agency shall provide its services under a Translation Agreement (“Order”) or a Cooperation Agreement (“Agreement”) signed with its Clients. Within the meaning of these Rules, the Agreement shall be tantamount to the Order. 1.3 The scope of services to be provided by the Agency and the specific terms of their provision shall be defined in the Order. 2. Assignment and Quotation
2.1 The Agency accepts assignments that are given in person, in writing, by telephone, fax or e-mail. 2.2 Upon receipt of the Ordering Party’s inquiry, the Agency shall provide a free quotation in respect of the translation of the documents supplied and together with the Ordering Party it shall determine the terms and conditions of the assignment. 2.3 At the stage of defining the terms and conditions of the assignment the Ordering Party shall specify all the translation requirements (e.g. special graphic requirements, DTP, formatting, etc.). Any additional requests made by the Ordering Party in the course of carrying out the assignment may result in postponing the deadline or changing the financial terms of the assignment. 2.4 The Ordering Party shall ensure the editing and proofreading of texts intended for publication on its own unless such service is expressly specified in the Order. 2.5 At the moment of accepting the assignment, at the Ordering Party’s request the Agency shall make a quote based on the Pricing Details applicable as of the date of the assignment. Quotes for translations shall be made on the basis of the source text if submitted in the Microsoft Word format. With documents submitted in other formats, the Agency shall provide the rate per page of translated text, because it is not possible to make an accurate calculation of the number of characters in the source text. 2.6 The Agency shall take up work on the assignment provided that the Ordering Party confirms it in writing (by fax, e-mail, or – if the assignment is granted in person – by signing the Order form). The Agency shall not be bound by any assignments that are not confirmed in writing. 2.7 The assignment should be granted by 12.00 (noon) on a given business day. Assignments granted after that time shall be deemed to have been granted on the following business day. A business day is understood as any day of the week from Monday to Friday. Business days do not include Saturdays, Sundays and statutory holidays. 3. Delivery, Acceptance and Confirmation of Completed Assignments
3.1 The assignment shall be deemed to have been completed by the Agency if it is completed and delivered to the Ordering Party within the time limit and in the manner determined by the Parties/in the Order or if it is prepared for being collected by the Ordering Party within the time limit agreed upon by the Parties. 3.2 Depending on the arrangements made between the Agency and the Ordering Party, the completed translation shall be delivered to the Ordering Party in electronic format (by e-mail or on a CD) or in printed form. 3.3 The Ordering Party undertakes to collect the completed translation and pay the remuneration due to the Agency within the time limit and in the manner determined in the Order. 3.4 The acceptance and at the same time the completion of the translation shall be confirmed as follows: 3.4.1 If collected in person – by signing the Order form, the signature being affixed to it either by the Ordering Party or its authorised representative; 3.4.2 If delivered by e-mail – by means of e-mail confirmation specifying the date and time of the message sent; 3.4.3 If delivered by fax – by means of a successful transmission report specifying the date and time of completed transmission; 3.4.4 If delivered by mail or courier service – by means of a dispatch confirmation document. 4. Non-Fulfilment or Failure to Fulfil the Assignment and Force Majeure
4.1 The assignment shall be deemed to be inadequate if: 4.1.1 It does not meet the relevant professional standards; 4.1.2 It is not delivered or ready for delivery within the time limit agreed upon. 4.2 If the Ordering Party demonstrates that the assignment contains a defect or defects mentioned in Section 4.1, the Agency shall immediately remove such defects within the time limit agreed upon with the Ordering Party. 5. Lodging Complaints and Resolving Disputes
5.1 The Ordering Party shall notify the Agency in written form of any defects found in the translation immediately upon ascertaining them, however not later than within 7 business days from the day of collecting the completed translation. 5.2 All the rights of the Ordering Party in respect of defects shall expire after the lapse of the term specified in Section 5.1. 5.3 Any disputes that may arise between the Parties as to the occurrence of any defects referred to in Article 5 of the Rules shall be resolved by a civilian court competent for the Agency. Any agreements signed with external Ordering Parties shall be subject to the jurisdiction of Polish courts. 6. Economic Copyrights and Confidentiality
6.1 Economic copyrights to the completed translation shall be transferred to the Ordering Party on condition that it has paid the full amount due on the basis of an invoice issued by the Agency. The Agency hereby transfers to the Ordering Party the economic copyrights with respect to the following fields of use: bringing the translation into circulation, lending the translation, public use of the translation, making the translation publicly available, publication of the translation. 6.2 The Agency undertakes to maintain confidentiality of all information, documents and materials obtained from the Ordering Party (“Confidential Information”) in order to carry out the assignment properly. Confidential Information may be disclosed only to the Agency’s employees and subcontractors directly engaged in a given assignment. The Agency represents that all the translators participating in the assignments granted by the Ordering Party have signed the relevant confidentiality clause. 6.3 The provisions of Section 6.2 shall not apply to information, materials and documents that were available to the public (e.g. such as those published in the press or on the Internet, legal acts that were available to the public) at the moment when the Agency accepted the assignment. 6.4 At the Ordering Party’s request the Agency may provide the confidentiality clause signed by its translators and staff engaged in the assignment. 7. Withdrawal of Service and Withdrawal of Assignment
7.1 The Agency shall be entitled to withdraw its service by paying compensation constituting 25% of the agreed remuneration for such service to the Ordering Party. 7.2 If the Ordering Party withdraws its assignment that is already in progress, it shall pay remuneration for work actually completed until the moment of such withdrawal, however not less than 25% of the agreed remuneration for the whole assignment and to reimburse the Agency for any other expenses incurred by it in connection with any preparations made for carrying out the assignment. 8. Final Provisions
8.1 These Rules are effective from 1 July 2009. 8.2 The Agency reserves itself the right to amend these Rules. In order to be valid and effective, any amendment to the Rules shall be made in writing and the amended Rules shall be sent to the Ordering Party’s address given in the Order at least seven days before their entry into force. Amendments to the Rules shall not require any annex to the agreement between the Agency and the Ordering Party. By virtue of the amendment, the Ordering Party shall be entitled to make a declaration of terminating the agreement with the Agency by notice which shall become effective as of the day of the entry into force of the amended Rules. However, the assignments accepted by the Agency under the previously existing Rules shall be fulfilled on the terms and conditions of such Rules. The Ordering Party should make its declaration in writing within seven days of receipt of the amended Rules. If the Ordering Party does not respond to the amended Rules within seven days of their receipt, the amended Rules shall be deemed to have been accepted by the Ordering Party. 8.3 The prices of the Agency’s services shall be determined on the basis of the Pricing Details applicable as of the day of granting a given assignment. The Agency reserves itself the right to amend the Pricing Details. In order to be valid and effective, the amended Pricing Details should be sent to the Ordering Party’s address given in the Order at least seven days before their entry into force. By virtue of the amendment, the Ordering Party shall be entitled to make a declaration of terminating the agreement with the Agency by notice which shall become effective as of the day of the entry into force of the amended Pricing Details. However, the assignments accepted by the Agency under the previously existing Pricing Details shall be fulfilled on the terms and conditions of such Pricing Details. The Ordering Party should make its declaration in writing within seven days of receipt of the amended Pricing Details. If the Ordering Party does not respond to the amended Pricing Details within seven days of their receipt, the amended Pricing Details shall be deemed to have been accepted by the Ordering Party. 8.4 In matters not regulated in these Rules, the relevant provisions of the Polish Civil Code shall apply. The Parties unanimously agree that all the other rights of the Ordering Party resulting from any failure to fulfil or the improper fulfilment of the assignment, except those granted under these Rules, are hereby excluded. If the Ordering Party is a foreign entity, the obligations shall be governed by Polish law. 8.5 These Rules shall become binding on the Parties upon signing the Order.
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