terms and conditions and privacy policy

These General Terms and Conditions of Cooperation (hereinafter GTCC) determine the terms and conditions under which the Translator – Jagoda Maćkowiak, conducting business activity under the name: Jagoda Maćkowiak – tłumaczenia i projekty wnętrz [Jagoda Maćkowiak – translations and interior design], performs translation and interpreting services and related services for individual, business and institutional clients.

§ 1. Definitions

For the purposes of the GTCC, it is agreed that the following terms will have the following meanings:

1. Client – Consumer, Entrepreneur as well as Entrepreneur with Consumer Rights.
2. Consumer – an adult natural person performing a legal action with the Translator (including the conclusion of an agreement) not directly related to its business or professional activity.
3. Entrepreneur – natural person, legal person, or organizational unit without legal personality, to which the law grants the legal capacity, conducting a business or professional activity on its own behalf, making legal action with the Translator (including the conclusion of an agreement) directly related to its business or professional activity.
4. Entrepreneur with Consumer Rights – a natural person concluding an agreement with the Translator directly related to its business activity, when the content of the agreement indicates that it is not for a professional purpose for him/her, resulting in particular from the subject of its business activity, made available on the basis of the provisions of the Central Registration and Information on Business Activity [Centralna Ewidencja i Informacja o Działalności Gospodarczej (CEIDG)].
5. Translator – Jagoda Maćkowiak running the business activity under the name of Jagoda Maćkowiak – tłumaczenia i projekty wnętrz, entered in the Central Register and Information on Economic Activity with business address at Nowe Włóki 53, 11-001 Dywity, Warmian-Masurian Voivodeship, Poland, taxpayer identification number: 7393968698 [NIP], company registration number: 522160751 [REGON], email: info@jagodamackowiak.com, phone +48 530 842 296.

§ 2. General terms

1. The Translator provides paid services for translation, interpreting, transcreation, proofreading and related services in accordance with these GTCC and good practices generally accepted in the translation industry.
2. Information, scope of services and price list presented on the website https://jagodamackowiak.com are for informational purposes only, do not constitute an offer within the meaning of the Civil Code and may be subject to modifications.
3. The Translator does not provide certified translations within the meaning of the Act of 25 April 2004 on the profession of sworn translator [ustawa z dnia 25 kwietnia 2004 r. o zawodzie tłumacza przysięgłego].
4. The GTCC shall apply, unless the Parties concluded a separate agreement regulating the principles of cooperation.
5. The quote made by the Translator is free of charge.

§ 3. Placing Orders

1. The materials for translation and proofreading are sent by the Client to the Translator via email to the following address: info@jagodamackowiak.com as an attachment, indicating the due date and the scope of the service. On the basis of these materials received, the Translator provides the Client with a quote for the performance of the service. A negotiation of its conditions is possible.
2. If the Client accepts the offer and the quote presented by the Translator, including type of translation, price and completion date, he/she confirms electronically to the Translator’s email address his/her desire to conclude an agreement on the terms specified in these GTCC. A lack of such confirmation by the Client is considered as a resignation from the service.
3. The Translator informs the Client electronically at the Client’s email address about the acceptance of his/her order for execution and the conclusion of the agreement.

§ 4. Translations

1. The basis for the calculation of a translation volume is the number of billing pages in the source text. One billing page for translation contains 1800 characters including blanks. The volume of translation is rounded up to the nearest billing page. If the number of characters in the source text cannot be determined, e.g. in the case of non-editable materials, the number of billing pages shall be determined on the basis of the target text.
2. The translation services can be provided in the standard mode (translations up to 6 billing pages within one working day) and in the express mode (translations over 6 billing pages within one working day). The price of a translation in the express mode is 50% higher than the price of a translation in the standard mode.
3. The order deadline is calculated starting from the moment of the order confirmation. While determining the deadline for the delivery of a translation, Saturdays, Sundays and other public holidays are not counted, unless otherwise agreed upon.
4. The final price of a translation depends on the number of pages, type, subject matter and level of complexity of the text, its format and readability, as well as on the translation mode. In the case of texts containing drawings, diagrams, charts, tables, etc., the Translator shall determine with the Client whether the translation needs to be a faithful reproduction of the source text.
5. The price of a translation does not include the preparation of the text for publication, any work related to the formatting of the document, nor an additional proofreading.
6. A finished translation is sent to the Client in the same format as the source text via email, unless otherwise agreed upon.
7. By default, the order is transmitted to the Client by 5:00 p.m. CET in the translation delivery day, unless otherwise agreed upon. The exact delivery date is agreed with the Client.
8. The day of reception of the translation by the Client is considered by the Parties to be the day of transmission of the translation to the Client by the Translator via electronic mail to the Client’s email address.
9. In the case of a delivery by postal mail, the shipping costs shall be paid by the Client, and the delivery day shall be considered the service provision day.
10. The Client is obliged to provide the Translator with information within the scope necessary for the performance of the translation (including the provision of materials, studies, or documents necessary for the performance of the translation). If the performance of the translation requires any other cooperation of the Client, the Client undertakes close cooperation with the Translator.
11. As long as the translation has not been completed, the Client may withdraw from the agreement at any time by paying the Translator the agreed remuneration. In such case, the Client may deduct the amount that the Translator saved due to failure to complete the translation (the Client covers the costs arising from the volume of text translated up to the moment of withdrawal). In order to be effective, the withdrawal must be done in a documentary form (e.g. email).

§ 5. Interpreting

1. The Client shall order the interpreting service by phone or in writing an email to: info@jagodamackowiak.com.
2. The Client informs about the subject matter and the character of interpreting, and, in the case of specialized interpreting, he/she provides materials which will help the Translator to prepare for the task.
3. The Translator and the Client agree on the date and the estimated cost of performing the interpreting service. The quote is sent by email to the Client’s email address.
4. The base unit for the interpreting services is a block of 4 hours. The minimum rate for interpreting on one day equals the rate for 4 hours. The cost of a full hour is applied at the beginning of each hour of the interpreting service. The settlement shall be based on the actual duration of the interpreting service, which is to be calculated starting from the time when the Translator reports for work until the time the Client releases the Translator from performing the service, including the breaks between the parts of interpreting.
5. The interpreting service is considered as performed once the interpreting service is finished.
6. The remuneration for the Translator’s work on Sundays and holidays or late at night (22:00-6:00) shall be equal to 200% of the basic interpreting rate.
7. In case of a long distance interpreting, the Client shall cover any additional costs, i.e. the fees related to the traveling, accommodation and meals of the Translator.
8. The interpreting service may be cancelled without fees no later than 2 working days before the scheduled start of the service. The cancellation shall be effected by email or by telephone. In the case of a cancellation of the interpreting service later than 2 working days before the scheduled commencement of the service, the Translator may demand that the Client covers a part of the remuneration corresponding to her activities taken hitherto. In this case the Client is obliged to pay the remuneration due to the cancellation of the interpreting service.

§ 6. Payments

1. The Client is liable to pay the remuneration on the basis of a VAT invoice issued after completion of the translation/service. The payments are made by wire transfer to the account number indicated on the invoice. The Client agrees that the invoice will be delivered via email to the Client’s email address.
2. The remuneration of the Translator will be paid within 14 days counting from the date of issue of the VAT invoice. A longer payment term is possible upon signing an agreement on permanent cooperation or in case of individual arrangements between the Parties.
3. The Translator reserves the right to collect an advance payment before the commencement of the service. The advance payment will be credited towards the Translator’s remuneration.
4. The Translator reserves the right to charge the whole fee in advance (payment before the translation/service).
5. If, as a result of completing the order by the Translator, a work within the meaning of the Act on Copyright and Related Rights [Ustawa o prawie autorskim i prawach pokrewnych] is created, and the Client wishes to purchase the copyrights to this work, it is necessary to conclude a separate agreement on the transfer of copyrights between the Parties in writing, failing this will render the copyright claim invalid.

§ 7. Complaints

1. The Client has the right to lodge a complaint related to the provided translation/service. A complaint may be submitted in any form, such as e-mail or postal mail.
2. The Client should notify the Translator of any defects in the received translation/performed service within 14 days from the date of receiving the translation/performance of the service. If the Client does not inform the Translator of the objections within 14 days from the day of receiving the translation/performance of the service, it shall be deemed that the service has been performed in accordance with the order, without any reservations on the part of the Client. The provisions of this paragraph do not affect the rights of the Client being a Consumer resulting from the generally applicable law.
3. A complaint should include at least the name and surname of the Client, his/her address, the date of conclusion of the agreement and a detailed description of objections/undue performance of the services, indicating specific errors, their justification and their place of occurrence, as well as the Client’s request. Errors in translation resulting from linguistic and logical errors in the source text shall not be considered. The style of the text is not subject to the complaint.
4. The Translator will respond to the complaint submitted by the Client immediately, no later than within 14 days after receiving a complete complaint, by the same means of communication as these used to submit the complaint. After considering the complaint, the Translator will inform the Client about further procedure. If the complaint is justified, the Translator will inform the Client about the proposed method of processing the complaint. In the case of a complaint regarding the translation service, the Translator undertakes undertakes the removal of errors in the translation and free of charge (the time of correcting the errors depends on the length and the nature of the text).
5. Submitting a complaint does not change the terms and deadlines for payment for the translation/service, nor does it constitute grounds for payment refusal.

§ 8. Liability

1. The liability of the Translator is excluded if the defect in the translation was due to a cause within the material provided by the Client, in particular the Translator is not responsible for the errors in translation resulting from the linguistic errors, logical errors and inaccuracies occurring in the materials, studies and documents provided by the Client.
2. By ordering a translation in the express mode, the Client accepts the risk of errors occurring in the translation. The Translator undertakes to remove the errors in the translation made in the express mode at his own expense.
3. The liability of the Translator for a non-performance or an improper performance of the contractual obligations resulting from the contract is limited to the amount of the remuneration received. This does not apply to agreements concluded with Clients who are Consumers or Entrepreneurs with Consumer Rights.
4. The damage, for which reparation the Translator is liable in relation to the Clients who are not Consumers or Entrepreneurs with Consumer Rights, includes only the actual material damage, excluding the lost profits.
5. The Parties are not liable for a non-performance or an improper performance of the agreement being a direct consequence of the circumstances that are the result of force majeure. The force majeure is an event that is sudden, unforeseen and independent of the Parties’ will, whose consequences are impossible to prevent, making it impossible to perform the agreement in a whole or in part, permanently or for a certain period of time, which cannot be prevented or counteracted with due diligence (in particular: war, flood, fire, acts of terror, strikes, computer system failures, epidemics, etc.). In case of force majeure, the affected Party shall immediately inform the other Party of its occurrence. In such a situation, the Parties shall immediately agree on the course of further action.

§ 9. Confidentiality and protection of personal data

1. All documents and information provided by the Client, as well as the contents of interpreted meetings, shall be treated as confidential and shall not be made available to third parties, except for commonly available materials (such as press and Internet publications, generally available legal acts, etc.). The Translator undertakes to keep them secret and not to use them for purposes other than those connected with the performance of the agreement.
2. The access to the materials provided by the Client shall be granted only to the employees and subcontractors working with the Translator on a specific order.
3. The Client may enter into a separate confidentiality obligation with the Client or provide an additional confidentiality declaration in writing.
4. Under the same conditions, the Client is committed to maintain the confidentiality of the information obtained from the Translator

§ 10. Withdrawal from the contract by the Consumer/Entrepreneur with Consumer Rights

1. The Client being a Consumer/Entrepreneur with Consumer Rights, who has concluded a distance contract with the Translator, may withdraw from it within 14 days, without giving the reason and without incurring the costs, except for the costs indicated in paragraph 10 below. This right is not granted in the case mentioned in paragraph 11 below.
2. The Consumer/Entrepreneur with Consumer Rights may withdraw by submitting to the Translator a statement of withdrawal from the contract. This statement can be submitted in any form, e.g. via email or post mail.
3. The statement may be submitted (it is not required) using the withdrawal form model included as annex no. 2 to the Consumer Rights Act of 30 May 2014 [ustawa o prawach konsumenta z dnia 30 maja 2014 r.] or the model form attached to the GTCC.
4. To respect the time limit, it is sufficient to send the statement before the end of this limit.
5. The period for withdrawal from the contract starts from the date of conclusion of the contract.
6. In the case of withdrawal from the contract, the contract is considered as not concluded.
7. The Translator is obliged to immediately, no later than 14 days from the date of receiving the withdrawal notice by the Consumer/Entrepreneur with Consumer Rights, return to the Consumer/Entrepreneur with Consumer Rights all payments made by him/her.
8. The Translator shall refund the payment using the same method of payment used by the Consumer/Entrepreneur with Consumer Rights, unless the Consumer/Entrepreneur with Consumer Rights has expressly agreed to a different method of refund that does not involve any costs for him/her.
9. If, at an express request of the Consumer/Entrepreneur with Consumer Rights, the performance of the service is to commence before the end of the withdrawal period, the Translator shall require the Consumer/Entrepreneur with Consumer Rights to make an express statement containing such request in accordance with the article 15 paragraph 3 of the Consumer Rights Act of 30 May 2014 [ustawa z dnia 30 maja 2014 r. o prawach konsumenta].
10. If the Consumer/Entrepreneur with Consumer Rights exercises the right to withdraw from the contract after making the demand referred to in paragraph 9 above, he/she is obliged to pay for the services performed until the moment of withdrawal. The amount of payment is calculated in proportion to the scope of service performance, taking into account the contractually agreed price or remuneration.
11. The right of withdrawal from the contract concluded at a distance is not entitled to the Consumer/Entrepreneur with Consumer Rights in reference to the contracts: (1) for the provision of services, if the Translator has performed the service entirely with the express consent of the Consumer/Entrepreneur with Consumer Rights, who has been informed before the commencement of the performance that after completing the performance by the Translator he/she will lose the right to withdraw; (3) in which the subject of performance is a non-refabricated object, manufactured according to the specifications of the Consumer/Entrepreneur with Consumer Rights or serving to meet his individualized needs; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer/Entrepreneur with Consumer Rights before the deadline for withdrawal and after the Translator has informed him/her about the loss of the right to withdraw from the contract.

§ 11. Out-of-court complaint handling and assertion of claims procedures by the Consumer

1. A Client being a Consumer has the right to use the out-of-court complaint handling and assertion of claims procedures. A detailed information on the possibility of using the out-of-court complaint handling and assertion of claims procedures and the rules of access to these procedures are available in the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include protection of the consumer, Provincial Inspectorates of Trade Inspection [Wojewódzki Inspektorat Inspekcji Handlowej] and at the address of the Office of Competition and Consumer Protection [Urząd Ochrony Konkurencji i Konsumentów]: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php, http://polubowne.uokik.gov.pl/.
2. A Client being a Consumer can also use the ODR European Union online platform, which is available at: http://ec.europa.eu/consumers/odr/. The ODR platform serves to resolve the disputes between Consumers and entrepreneurs seeking the out-of-court settlement of disputes relating to contractual obligations arising from an online sales contract or contracts for the provision of services and allows the submission of the complaints and assertion of claims related to the contract.

§ 12. Final provisions

1. The information on the processing of the Client’s personal data can be found in the Privacy Policy available at: https://jagodamackowiak.com/en/terms-and-privacy/..
2. The Translator reserves the right to make changes to the present GTCC. The agreements concluded prior to the amendment of the GTCC shall be governed by the GTCC in the version valid on the date of conclusion of the contract.
3. The law applicable to the evaluation of mutual rights and obligations arising from the contract is the Polish law.
4. The parties undertake to amicably resolve any disputes that may arise from the contract. If amicable settlement of a dispute is impossible, any possible disputes between the Translator and the Entrepreneur which may arise in connection with the conclusion or performance of the contract shall be settled by a common court of law competent for the seat of the Translator.
5. The current version of these GTCC is available on the website https://jagodamackowiak.com and at the seat of the Translator.
6. The GTCC are valid from 2nd June 2022.