These Terms of Business are issued by Polished Translations (the trading name of Joanna Machnica) and are the basis on which Polished Translations executes translation and related work. They are subject to modification without notice.
In the event of any conflict between any part of the contract between Polished Translations and the Client, the documents constituting the agreement between the parties shall have priority in the following order:
The Chartered Institute of Linguists is a professional body of qualified linguists. To be admitted to any of its grades, members have to undergo stringent admissions criteria and, once admitted, they are governed by a Code of Professional Conduct, a copy of which is available on request. The Institute will investigate complaints about any alleged breaches of that Code and as a Member Joanna Machnica is bound by it. However, the Institute is not involved in the contract between her and the Client.
In this agreement, the following terms shall have the following meanings:
These Terms and Conditions are intended:
If the source language text is copyright, the Translation Provider shall only accept the Commission on the understanding that the Client
The Translation Provider accepts a Commission from the Client on the understanding that performance of the Translation Task will not infringe any third party rights. The Client undertakes to keep the Translation Provider harmless from any claim for infringement of copyright and/or other intellectual property rights in all cases.
The Client likewise undertakes to keep the Translation Provider harmless from any legal action including defamation which may arise as a result of the content of the original Source Material or its translation.
In the absence of any specific agreement, the fee to be charged shall be determined by the Translation Provider on the basis of the Client’s description of the Source Material, the purpose of the translation and any instructions given by the Client.
No fixed quotation shall be given until the Translation Provider has seen or heard all the Source Material and has received firm instructions from the Client.
Any fee quoted, estimated or agreed by the Translation Provider on the basis of the Client’s description of the task may be subject to amendment by agreement between the parties or withdrawal by the Translation Provider if, in the Translation Provider’s opinion on having seen or heard the Source Material, that description is materially inadequate or inaccurate.
Any quotation or estimate based on the Client’s description of the Source Material shall not be considered contractually binding, but given for guidance or information only.
The basis on which fees are calculated shall be agreed before work commences, as shall the charges to be made for any special requirements.
Unless specifically indicated to the contrary, the cost of a translation is based upon the number of words in the Source Material. There is a minimum charge of £25 unless agreed differently between the Client and the Translation Provider.
The contract shall come into force on receipt of the Client’s order, confirmation of a quotation or any other such confirmation by the Client for the Translation Provider to proceed with the Translation Task and on the commencement of the Translation Task by the Translation Provider.
If any changes are made in the text or the Client’s requirements vary at any time while the Translation Task is in progress, the Translation Provider’s fee, any applicable supplementary charges and the terms of delivery shall be adjusted in respect of the additional work.
Any fee agreed for a translation which is found to present latent special difficulties of which neither party could be reasonably aware at the time of offer and acceptance shall be renegotiated, always provided that the circumstances are made known to the other party as soon as reasonably practical after they become apparent.
A binding quotation once given after the Translation Provider has seen or heard the Source Material shall remain valid for a period of thirty days from the date on which it was given, after which time it may be subject to revision.
Costs of delivery of the Translation Task shall normally be borne by the Translation Provider. Where delivery requested by the Client involves expenditure greater than the cost normally incurred for delivery, the additional cost shall be chargeable to the Client.
Any delivery date or dates agreed between the Translation Provider and the Client shall become binding only after the Translation Provider has seen or heard all of the Source Material to be translated and has received complete instructions from the Client.
The date of delivery shall not be of the essence unless specifically agreed in writing.
The date of delivery may be subject to alteration if any amendment is made to the requirements after the Commission has been placed.
Unless otherwise agreed, the Translation Provider shall dispatch the translation in such a way that the Client can reasonably expect to receive it not later than the normal close of business at the Client’s premises on the date of delivery.
The Translation Provider shall not be held responsible for any loss, damage or late delivery of finished work due to the postal or telecommunication services or to force majeure.
The Translation Provider accepts no liability for the consequences of any delay in completion of the Translation Task caused by the Client and in this event any agreed deadlines or delivery schedules will automatically cease to be valid and new dates must be negotiated.
When the Client requires the Translation Provider to utilise a third party such as but not limited to a Notary Public or a Solicitor, the Translation Provider cannot be held responsible for any delay in delivery or non-performance of these third parties.
Payments in full to the Translation Provider shall be made within 30 days of the invoice date unless specifically agreed in writing by the Translation Provider, although in some circumstances payment or part payment may be requested prior to the commencement of the work.
For long assignments or texts, the Translation Provider may request initial payment and periodic partial payments on terms to be agreed.
Interest shall automatically be applied at the rate of 8% per annum over base rate (or such rate as is determined by stature, the latter prevailing) to all overdue sums from the date on which the first become due until they are paid in full.
Where delivery is in instalments and notice has been given that an interim payment is overdue, the Translation Provider shall have the right to stop work on the task in hand until the outstanding payment is made or other terms agreed.
This action shall be without prejudice to any sums due and without any liability whatsoever to the Client or any third party.
The Translation Provider accepts payment by cheque, electronic bank transfer and through PayPal™.
If a Translation Task is commissioned and subsequently cancelled, reduced in scope or frustrated by an act or omission on the part of the Client or any third party, cancellation fees shall apply. In the event of cancellation of the commission by the Client after it has been placed, the Client shall be liable for all work completed up to the cancellation date and for all other costs and expenses which may accrue as a result of such cancellation in addition to 50% of the agreed/estimated fee, unless otherwise agreed.
Neither the Translation Provider nor the Client shall be liable to the other or any third party for consequences which are the result of circumstances wholly beyond the control of either party.
If the Client goes into liquidation (other than voluntary liquidation for the purposes of reconstruction) or has a Receiver appointed or becomes insolvent, bankrupt or enters into any arrangement with creditors, the Translation Provider shall have the right to terminate a contract.
The Translation Provider shall notify the Client as soon as is reasonably practical of any circumstances likely to prejudice the Translation Provider’s ability to comply with the terms of the Client’s order, and assist the Client as far as reasonably practical to identify an alternative solution.
In the absence of a specific written agreement to the contrary, the copyright for the translation remains the property of the Translation Provider.
If the Translation Provider retains copyright, unless otherwise agreed in writing, any published text of the translation shall carry the statement: ‘© Polish text by Joanna Machnica (Year date)’, as appropriate to the particular case.
If the Translation Provider assigns the copyright and the translation is subsequently printed for distribution, the Client shall acknowledge the Translation Provider’s work in the same weight and style of type as used for acknowledgement of the printer and/or others involved in production of the finished document, by the following statement: ‘Polish translation by Joanna Machnica’, as appropriate to the particular case.
All translations are subject to the Translation Provider’s right of integrity. If a translation is in any way amended or altered without the written permission of the Translation Provider, the Translation Provider shall not be in any way liable for amendments made or their consequences. If the Translation Provider retains the copyright in a translation, or if a translation is to be used for legal purposes, no amendment or alteration may be made to a translation without the Translation Provider’s written permission. The right of integrity may be specifically waived in advance by the Translation Provider in writing.
All documents or any other property supplied to the Translation Provider will be held or dealt with by the Translation Provider at the Client’s risk and the Translation Provider will not be responsible for the consequential loss or damage thereto.
The Translation Provider reserves the right to destroy or otherwise dispose of any document or other property of the Client which has been in their custody for more than twelve (12) months following completion of the Translation Task to which it relates.
A translation reflects the quality of the Source Material. In the material to be translated where concepts are poorly expressed, where the wrong choice of language has been made, where typographical mistakes are present, where the text is incomplete or factually incorrect, in all or any of these instances the same inadequacies may show up in the translation. The Translation Provider is not entitled to take any decisions on behalf of the Client to make such modifications as might improve the text in translation or elucidate passages of the original text but may notify the Client of such inaccuracies. The Translation Provider will not therefore accept any criticism of any translation where these considerations may be at issue.
In the event that a more specific knowledge of sector-specific terminology is required for the proper translation of a particular piece of written material, for example but not by way of limitation, such knowledge as would only be available to a particular Client company or organisation, it cannot be assumed that the Translation Provider possesses such knowledge. In such a case it is incumbent on the Client to provide such instruction to the Translation Provider as may be necessary for the proper translation of the material in the form of individual glossaries or any other aid to translation. Unless the Client provides individual glossaries or any other aid to translation and instructs the Translation Provider to use it for the job at hand, the Translation Provider shall translate specialized terms using the appropriate dictionaries and other sources of information on the subject matter.
Where the Client has specified a particular use for the Translation Task and subsequently desires to use the translation for a purpose other than that for which it was originally supplied, the Client should obtain confirmation from the Translation Provider that the translation is suitable for the new purpose. The Translation Provider accepts no liability where a translation is used for a purpose other than that for which it was originally supplied and reserves the right to make further charges for any amendments which the translation may require.
Where the contract for a Translation Task provides for proofs or text to be submitted to the Client for approval, the Translation Provider shall not be liable for any errors not corrected by the Client or any amendments or modifications made by the Client in the proofs or texts so submitted.
If a translation is required urgently, it will not be possible to revise the text and check the translation and the Client will have no grounds for complaint of the quality of the translation.
The parties acknowledge that translation is not an exact science and no two translators will translate any text in the same way as each other.
The Translation Provider shall keep strictly confidential all information received in connection with any translation assignment or enquiry. Nevertheless, a third party may be consulted over subject-related and specific terminology queries, provided that there is no disclosure of confidential material.
For specific project security requirements the Translation Provider can additionally provide specific Confidentiality Agreements.
Each party shall ensure that in the performance of its obligations under these Terms and Conditions it will at all times comply with the relevant provisions of the Data Protection Act 1998.
The Translation Provider acknowledges that if any data needs to be processed in the course of providing the Translation Task, it shall be done only on Client instructions.
Failure by the Translation Provider to meet agreed order requirements or to provide a translation which is fit for its stated purpose shall entitle the Client to:
Such entitlement shall only apply after the Translation Provider has been given one opportunity to bring the work up to the required standard. This entitlement shall not apply unless the Translation Provider has been notified in writing of all alleged defects.
Any complaint in connection with a Translation Task shall be notified to the Translation Provider by the Client (or vice-versa) within one month of the date of delivery of the translation.
If a dispute cannot be resolved between the Translation Provider and the Client, the matter shall be referred to the Chartered Institute of Linguists for arbitration. Any dispute about the quality of translations shall be submitted to the Chartered Institute of Linguists for independent assessment.
The Translation Provider shall carry out the translation with reasonable skill and care and in accordance with the Code of Professional Conduct of the Institute of Linguists.
The Translation Provider shall endeavour to ensure that the translation is suitable for its agreed purpose and target readership.
The liability of the Translation Provider on any grounds whatsoever shall be limited to the invoiced value of the Translation Task commissioned.
These terms and conditions shall be interpreted in accordance with English law and the Translation Provider and the Client irrevocably submit to the exclusive jurisdiction of the English Courts.
The Translation Provider shall not be liable for any failure in the performance of any obligations under this contract caused by factors outside their control.
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