GENERAL TERMS AND CONDITIONS OF BUSINESS (THE “T&C”)

Article 1 General Provisions

1. These General Terms and Conditions of Business (the “T&C”) define the framework terms and conditions of cooperation between Skrivanek spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Warsaw (00-550), Plac Konstytucji 6/75, entered into the Register of Entrepreneurs of the National Court Register (KRS), kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division, under KRS No.: 0000024886, with NIP (Tax ID): 6342245400 and REGON (Business ID): 273716037, with its share capital amounting to PLN 150,040.00 (hereinafter referred to as the “SERVICE PROVIDER”) and the entities to which the SERVICE PROVIDER provides services, hereinafter jointly referred to as the “CUSTOMERS”, and separately as the “CUSTOMER”.
2. Pursuant to the provisions of these T&C, it is deemed that the effects of legal transactions performed via electronic mail, the SERVICE PROVIDER’s IT system or the forms of the SERVICE PROVIDER are on equal footing with the effects of legal transactions performed in a written form, unless mandatory laws require a written form under pain of nullity. If a declaration of will is made and sent to the other Party by electronic mail (“e-mail”), and an e-mail message is sent from an address other than the one specified in the contract concluded between the Parties, the effects reserved for declarations of will made in a written form are considered to be produced if the e-mail message includes an individual number assigned by the SERVICE PROVIDER upon sending the Terms of the Order, which is used as a password agreed between the Parties for electronic communication purposes.
3. If the distance contract is concluded with the CUSTOMER being a Consumer, the CUSTOMER shall lose the right to withdraw from the contract under Article 27 of the Consumer Rights Act of 30 May 2014 following the performance of the service by the SERVICE PROVIDER, pursuant to Article 38(1)(1) of that Act. If, at the express request of the CUSTOMER being a Consumer, the performance of the service is to commence before the expiry of the withdrawal period, then the CUSTOMER who exercises their right to withdraw is obliged to pay for the services provided until the CUSTOMER’s withdrawal from the contract.
4. Pursuant to these T&C, the SERVICE PROVIDER also provides services by electronic means. These T&C constitute regulations for the provision of services by electronic means within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on the Provision of Services by Electronic Means. In order to use the services provided by the SERVICE PROVIDER by electronic means, it is necessary to have access to the Internet, an Internet browser (Google Chrome, Firefox, Safari, etc.) and an e-mail account. The CUSTOMER is prohibited from providing illegal content. The SERVICE PROVIDER expressly warns that the use of electronic services carries potential risks, such as: (i) receiving unsolicited commercial information (spam); (ii) the risk of malicious software; (iii) the risk of security breaches to obtain personal and confidential information; (iv) the risk of spyware/eavesdropping software being installed; (v) infringement of proprietary copyrights.

Article 2 Definitions

1. Translation Services – services provided by the SERVICE PROVIDER as part of its business activity, including translation, certified translation, simultaneous interpreting, consecutive interpreting, online interpreting and certified interpreting.
2. Terminology – a list of expressions in at least two languages, including specialist vocabulary, phrases, abbreviations, etc., used and preferred by the CUSTOMER, the use of which in translations is required by the CUSTOMER and expected from the SERVICE PROVIDER; the CUSTOMER shall notify the SERVICE PROVIDER to this effect not later than at the time when the Terms of the Order are agreed.
3. Reference Materials – any documents and information provided to the SERVICE PROVIDER by the CUSTOMER, other than Terminology, which specify the content and vocabulary related to the translated document or the use of which is expected from the SERVICE PROVIDER by the CUSTOMER; the CUSTOMER shall notify the SERVICE PROVIDER to this effect not later than at the time when the Terms of the Order are agreed.
4. Translations for Publication – translations disseminated by the CUSTOMER among a wide target audience, in particular in the form of presentations, training materials, tender bids, internal documents, catalogues, package leaflets, manuals, materials published on the Internet or Intranet.
5. Post-Processing for Publication – additional services provided by the SERVICE PROVIDER for translations intended for publication, including proofreading and independent review of translations by another translator, proofreading by a native speaker, DTP processing and a pre-print proof.
6. Ancillary Services – other services which may be provided by the SERVICE PROVIDER in connection with the translation or interpreting services, in particular ensuring technical means for the provision of (simultaneous, consecutive and online) interpreting services and Terminology services.
7. Consumer – a natural person concluding a legal transaction with the SERVICE PROVIDER when the transaction is not directly related to the person’s business or professional activity, and a natural person concluding a contract directly related to the person’s business activity when the contract specifies that it has no professional implications for that person, resulting in particular from the profile of their business activity, which can be established based on the regulations on the Central Register and Information on Economic Activity (CEIDG).
8. Other Services – services provided by the SERVICE PROVIDER as part of its business activities, other than Translation Services, Post-Processing for Publication, Ancillary Services, including in particular, but not limited to: dubbing, voice-over, transcription, preparation of subtitles for video recordings, linguistic testing of websites and applications, testing of websites and applications, localisation of games and websites, WCAG audits of websites, editing of content in accordance with plain language principles, legal verification of food product labels, post-editing, machine translation, copywriting, graphic design services and data annotation.

Article 3 Placing an Order and its Completion

1. The services provided by the SERVICE PROVIDER as part of its business activity and subject to the provisions of these T&C include: Translation Services, Post-Processing for Publication, Ancillary Services and Other Services (jointly referred to as the “Services”).
2. The scope of the Services commissioned to the SERVICE PROVIDER and the terms and conditions of their performance are specified in the Order submitted by the CUSTOMER (the “Order”).
3. The SERVICE PROVIDER agrees with the CUSTOMER, in person, in writing, using the means of distance communication (telephone, e-mail, IT system of the SERVICE PROVIDER) or by filling in an Order form available on the SERVICE PROVIDER’s website, the information that is necessary to present to the CUSTOMER the Terms of the Order, in particular:
a. the CUSTOMER presents to the SERVICE PROVIDER detailed information on the Service being the subject matter of the Translation Service, including in particular: the type of delivery (standard/express), materials to be translated and the target language, and in the case of interpreting – also the time and venue of the assignment, number of interpreters, number of meeting participants and topics of the meeting during which the interpreting Services are to be provided;
b. the CUSTOMER informs the SERVICE PROVIDER about the obligation to use Terminology;
c. the CUSTOMER informs the SERVICE PROVIDER that they intend to publish the translation or, in the case of Services other than Translation Services, that they intend to publish the effect/result/outcome of the Service (i.e. subtitles, dubbing, post-edited text, etc.);
d. the CUSTOMER informs the SERVICE PROVIDER that they need Auxiliary Services.
4. The SERVICE PROVIDER presents to the CUSTOMER the Terms of the Order, which include confirmation of the arrangements referred to in paragraph 3 and specify in particular:
a. a description of the Services quoted and their total price; in the case of the CUSTOMER being a Consumer, also information on the method and date of payment and delivery costs (if any);
b. a final date and method of completion of the Order;
c. information on the use of Terminology;
d. a method of delivery of the Service;
e. a full name of the contact person responsible for cooperation with the SERVICE PROVIDER on the Order and relevant methods of communication;
f. in the case of the CUSTOMER being a Consumer, the identity and contact details of the SERVICE PROVIDER in accordance with Article 12(1) item (2) and (3) of the Consumer Rights Act of 30 May 2014 (J. of Laws of 2014, item 827, as amended);
g. in the case of the CUSTOMER being a Consumer, a complaint procedure applied by the SERVICE PROVIDER and information on the possibility of using out-of-court methods of handling complaints and pursuing claims, as well as the rules that govern access to such procedures;
h. in the case of the CUSTOMER being a Consumer, information on the manner and final date of exercising the right of withdrawal pursuant to Article 27 of the Consumer Rights Act of 30 May 2014 (J. of Laws of 2014, item 827, as amended), as well as on the contract withdrawal form template, the obligation of the CUSTOMER being a Consumer to pay justified costs incurred by the SERVICE PROVIDER in connection with partial performance until the CUSTOMER’s withdrawal from the contract, and on the exclusion of the right of withdrawal without stating the reason pursuant to Article 38(1)(1) of that Act;
i. in the case of the CUSTOMER being a Consumer, information on the existence and content of the guarantees applicable to translation and interpreting services and the manner of their application by the SERVICE PROVIDER, as well as the SERVICE PROVIDER’s obligatory Code of Good Practice, available at: https://skrivanek.pl/kodeks-etyki/.
5. The Order shall be deemed placed upon the CUSTOMER’s acceptance of the Terms of the Order presented by the SERVICE PROVIDER according to paragraph 4 above. Placing an Order entails the obligation to pay the Remuneration subject to the generally applicable laws. The CUSTOMER may accept the Terms of the Order by doing one of the following:
a. by sending a return e-mail to the SERVICE PROVIDER with the CUSTOMER’s declaration of will stating their acceptance of the Terms of the Order received from the SERVICE PROVIDER;
b. by sending a return e-mail with a signed and scanned copy of the Terms of the Order received from the SERVICE PROVIDER;
c. by confirming the Order electronically by clicking on the confirmation link, generated and delivered to the CUSTOMER by the SERVICE PROVIDER via the IT system or by filling in the form available on the SERVICE PROVIDER’s website;
d. by signing a printout of the Terms of the Order in one of the SERVICE PROVIDER’s offices and in the presence of an employee of the SERVICE PROVIDER.
6. The provisions of paragraphs 1-3 and 5 above shall apply in particular to both translation and interpreting services, unless the provisions of Article 5 of the T&C stipulate otherwise.

Article 4 Completion of the Order

1. The Order shall be deemed accepted for completion upon confirmation by the SERVICE PROVIDER that it has received the CUSTOMER’s declaration of will submitted in accordance with Article 3(5) of the T&C, on the proviso that the Terms of the Order shall bind the SERVICE PROVIDER for 3 hours after their submission to the CUSTOMER in the case of a standard-delivery Order and for 1 hour in the case of an express-delivery Order. Following the expiry of this deadline, the SERVICE PROVIDER is entitled to present new Terms of the Order.
2. The CUSTOMER shall provide the SERVICE PROVIDER with the materials agreed with the SERVICE PROVIDER necessary for the performance of the Service in accordance with the Order, whereby in the case of Translation Services, the CUSTOMER shall provide the SERVICE PROVIDER with, in particular, the materials to be translated, Terminology (if required), unless the Customer has ordered a Terminology preparation service, and Reference Materials (if available). The CUSTOMER shall designate their representatives, authorised to cooperate with the SERVICE PROVIDER in the performance of Terminology Services and approve the Terminology; however, in the case of the CUSTOMER being a Consumer, this is necessary only if required by a specific nature of the Order.
3. The Order shall be deemed completed by the SERVICE PROVIDER if it delivers the result of the Service (e.g. written translation) to the CUSTOMER in the manner referred to in paragraph 4 below, so that the CUSTOMER is able to read it, and in the case of Services whose nature does not provide for the delivery of a result (such as interpreting), upon completion of the provision of such Services.
4. In the case of Services whose nature provides for the delivery of a result to the CUSTOMER, the SERVICE PROVIDER shall deliver the Order to the CUSTOMER by e-mail, post, courier service or personally (at the date and place agreed with the SERVICE PROVIDER) or in another manner agreed by the Parties in a document or in writing.
5. The CUSTOMER undertakes to pay the SERVICE PROVIDER its due remuneration within the time limit and in the manner specified in Article 7 of the T&C.
6. If materials are entrusted to the SERVICE PROVIDER for the purpose of performing the Service in the form of documents, such documents shall be returned upon completion of the Service or at another time agreed with the CUSTOMER, and the CUSTOMER is obliged to express reservations (if any) as to their completeness upon receipt of the Order. In the case of the CUSTOMER other than a Consumer, the obligation referred to in the preceding sentence is mandatory under pain of losing the right to invoke this circumstance at a later date.
7. The provisions of paragraphs 1-6 above shall in particular apply to both translation and interpreting services, unless the provisions of Article 5 of the T&C stipulate otherwise.

Article 5 Interpreting

1. In the case of interpreting, the Terms of the Order shall specify:
a. the date and venue of the interpreting assignment;
b. the type of interpreting;
c. the number of interpreters;
d. the interpreting languages;
e. the number of participants in the meeting;
f. information about the platform on which the online interpreting will take place (if applicable);
g. a full name of the person authorised by the SERVICE PROVIDER to contact the CUSTOMER;
h. the subject of the meeting and individual speeches;
i. the deadline for the delivery of reference materials for interpreters;
j. in the case of ordering the Ancillary Services in the form of delivery of interpreting equipment, the Order should contain information on the number of interpreting booths and receivers;
k. other information required by generally applicable laws.
2. In order to ensure the highest quality of interpreting, the CUSTOMER is obliged to provide the SERVICE PROVIDER, at least 3 days prior to the interpreting assignment date, with relevant reference materials such as texts of speeches, presentations, information about speakers, documents to be discussed, etc.
3. In the case of interpreting assignments, the interpreter is not obliged to perform any tasks other than interpreting such as, in particular, taking notes and minutes, translating, performing administrative or organisational tasks or showing the guests around. Moreover, the interpreter has the right to breaks during their working day (15 minutes for each three hours of the service) which the CUSTOMER should take into account.
4. If appropriate equipment is necessary for interpreting, the CUSTOMER is obliged to provide it to the SERVICE PROVIDER, unless it commissions the SERVICE PROVIDER with the Ancillary Service consisting in providing technical means for interpreting purposes. If the CUSTOMER orders the Ancillary Services referred to in the preceding sentence, the SERVICE PROVIDER shall ensure the presence of a person operating the equipment (a technician) during the preparation for and performance of the interpreting service, unless the Parties agree otherwise.
5. The CUSTOMER is obliged to provide interpreters, technicians and other staff of the SERVICE PROVIDER with access to the place of performance of the interpreting service before the planned date of its commencement, sufficiently in advance, as specified by the Parties.
6. If an interpreter, technician or other staff member of the SERVICE PROVIDER is not available at the venue where the interpreting service is to be performed, the Parties may agree that the CUSTOMER shall be obliged to provide such persons with transport, board and accommodation at the venue where the interpreting service is to be performed, The SERVICE PROVIDER shall include the information on the need to incur the costs referred to in this paragraph in the Terms of the Order.
7. In case of any remarks or reservations concerning an interpreting assignment, the CUSTOMER is obliged to notify the SERVICE PROVIDER to this effect by submitting a statement (in a written or electronic form), which should be delivered to the SERVICE PROVIDER not later than within 48 hours following the assignment completion, on the proviso that if the statement is not given within the prescribed time limit, the interpreting service shall be deemed completed in accordance with the Order, without any reservations from the CUSTOMER. The provisions of this paragraph shall not affect the rights of the CUSTOMERS being Consumers under generally applicable laws.
8. If the Ancillary Service in the form of delivery of interpreting equipment is ordered, the CUSTOMER is obliged to return the equipment in a non-deteriorated condition and is responsible for any damage caused to the SERVICE PROVIDER in connection with damage to or loss of such interpreting equipment, including the equipment entrusted to guests of/participants in the event.

Article 6 Machine Translation

1. The services offered by the SERVICE PROVIDER also include machine (automated) translation services (‘Machine Translation’). The SERVICE PROVIDER represents that, in principle, Machine Translation is performed by an automated computer system without verification by a qualified human translator. The SERVICE PROVIDER also offers a Machine Translation service with post-editing by a translator, to which, however, the provisions of this Article 6 do not apply.
2. The SERVICE PROVIDER represents that Machine Translation Services, in particular without post-editing, should not be used for the following texts: (i) industry-specific texts; (ii) texts that require field expertise or knowledge of a relevant industry context; (iii) scientific or technical texts; (iv) texts intended for publication; (v) texts in the case of which the use of specific Terminology is required for any reason or which require appropriate text formatting or for which the CUSTOMER has any other custom requirements.
3. In view of the foregoing, the SERVICE PROVIDER represents and the CUSTOMER acknowledges that Machine Translation Services, in particular without post-editing, are only suitable for internal use in order to get a general understanding of the text and not for texts which the CUSTOMER intends to publish or on which they intend to rely in a professional or business context.
4. The SERVICE PROVIDER represents that it does not give any warranty for Machine Translation Services. The Parties exclude the warranty for any defects in the output of Machine Translation Services, and the provisions of Article 8, 9 and 10 shall not apply to such translations. The exclusion of the warranty referred to in the preceding sentence shall not apply to contracts concluded with the CUSTOMERS being Consumers.
5. Where appropriate, THE SERVICE PROVIDER may use the Machine (automated) Translation Service as a process prior to a written translation so as to support a translator’s work as well as to optimize for cost and time of a written translation.

Article 7 Service Prices

1. The remuneration for the Order may be determined on a lump sum or cost estimate basis, taking into account the method of its calculation. The remuneration is determined by the SERVICE PROVIDER and communicated to the CUSTOMER along with the Terms of the Order.
2. The remuneration due to the SERVICE PROVIDER shall be paid by the CUSTOMER within 7 days after the Order completion date in accordance with Article 4(3) above, based on a VAT invoice or a bill issued by the SERVICE PROVIDER, unless the Parties make different arrangements as to the remuneration payment date. In particular, in the case of Orders placed electronically and Orders placed by natural persons, the SERVICE PROVIDER may make the acceptance of the Order conditional on the advance payment of the entire remuneration.
Article 8 Non-Performance or Improper Performance of the Service
1. An Order shall be considered improperly performed if it has not been performed with an appropriate degree of professionalism, in particular, in the case of Translation Services, if there are omissions, or critical factual or linguistic errors or material mistranslations in the target text. The SERVICE PROVIDER shall not be liable for any errors in the translation resulting from errors in the source text.
2. If the CUSTOMER proves that the Order is defective in accordance with paragraph 1 above, the SERVICE PROVIDER is obliged to immediately remove such a defect within the time limit agreed with the CUSTOMER, not shorter than half of the period through which the Order was performed by the SERVICE PROVIDER.
3. If the defects cannot be removed, the CUSTOMER shall have the right to claim a contractual indemnity amounting to 25% of the agreed net remuneration for completion of a specific Order. Should the defects prove to be material, which shall be determined in the complaint procedure, conducted as specified in Article 10(2) of the T&C, the CUSTOMER shall have the right to claim a contractual indemnity amounting to 50% of the agreed net remuneration for completion of a specific Order.
4. Should the Order completion or preparation of the translation for collection be delayed, the CUSTOMER shall have the right to claim from the SERVICE PROVIDER a contractual indemnity amounting to 0.5% of the agreed net remuneration for completion of a specific Order for each working day of delay, but not exceeding in total 25% of the agreed net remuneration for completion of a specific Order.
5. The SERVICE PROVIDER’s liability for damages in the case of the CUSTOMER other than a Consumer shall be limited to 50% of the Order value (VAT exclusive), except for Translations intended for publication, where the SERVICE PROVIDER’s liability for damages resulting from the improper performance of the Order shall be up to 100% of the Order value (VAT exclusive), provided that the CUSTOMER ordered the Services necessary to prepare the translation for publication, as listed in Article 2(5).
6. Damage for which the SERVICE PROVIDER is liable in relation to the CUSTOMERS other than Consumers shall only cover material losses actually incurred, excluding lost profits.
7. The contractual indemnities referred to in paragraphs 3 and 4 above shall be credited towards the damages referred to in paragraph 5 above.
8. In the case of express-delivery Translation Services, which may be performed by more than one translator and display some terminological or stylistic inconsistencies as a result, the SERVICE PROVIDER’s liability for internal incoherence/inconsistency of vocabulary/style and for failure to use consistent (uniform) vocabulary in accordance with the Terminology or Reference Materials is excluded.
9. The SERVICE PROVIDER shall not be liable for any inconsistency between the terminology used in the performance of the Service and the terminology used by the CUSTOMER in the event that the CUSTOMER orders the Service from the SERVICE PROVIDER without requiring that specific Terminology be used. If this is the case, the translations shall feature the most typical terminology used in a specific field or industry.
10. If the CUSTOMER has not informed the SERVICE PROVIDER about the intended use of the Service for publication and/or has not ordered any additional paid processes to prepare the translation for publication, the SERVICE PROVIDER shall not be liable for any damage caused by the lack thereof.
11. If the materials provided by the CUSTOMER in connection with the performance of the ordered Service are incomplete, inconsistent in terms of terminology, linguistically incorrect, not fully legible or organised, or have technical defects or other features that are inconsistent with the arrangements/assumptions made at the stage of pricing the Order (including, for example, a damaged file, poor-quality video recording, incorrect link to a website or other resource, application not working on a given operating system, etc.), the SERVICE PROVIDER may notify the CUSTOMER of defects in the materials and request the CUSTOMER to provide a corrected version, explanations or instructions immediately, but no later than within 1/10 of the period specified for the execution of the Order. If such explanations from the CUSTOMER are delayed, the deadline for the Order completion shall be automatically postponed in proportion to the delay. Should the revised version be not available, the SERVICE PROVIDER shall perform the service with due diligence; however, it shall be not responsible for providing the Service in full compliance with the assumptions made when the Order was placed.
12. In the case of contracts concluded with the CUSTOMERS being Consumers, to the extent described in paragraphs 8-11 above, the SERVICE PROVIDER is obliged to repair the damage resulting from non-performance or improper performance of an obligation resulting from circumstances for which the SERVICE PROVIDER is liable.
13. No Party shall be liable towards the other Party if non-performance or improper performance of their respective obligations results from force majeure circumstances. Force majeure events, within the meaning of the T&C, shall mean strikes, blockades, failures of computer systems, power losses, Internet outages, terrorist attacks or the occurrence of epidemics or communicable diseases to the extent to which they interfere with a correct operation of the enterprise, and which are beyond control of the affected Party. The Party affected by force majeure events should immediately notify the other Party of their occurrence and the estimated time that the force majeure event will last.

Article 9 Deadlines for Notification of Defects in Services

1. The CUSTOMER shall be obliged to notify the SERVICE PROVIDER of any defects in the completed Order in writing immediately after their discovery, but no later than within 30 consecutive calendar days from the date of delivery of the result of the Service (e.g. written translation) to the CUSTOMER, and in relation to Services which by their nature do not provide for the delivery of a result (such as interpreting), within the time limit specified in Article 5(7) (i.e. no later than 48 hours after the completion of the Service). The CUSTOMER is obliged to specify the circumstances, time and method of discovering a defect and description of the defect. With respect to interpreting assignments, the defect notice should be provided with the audio or audiovisual recording.
2. If defects are reported in violation of paragraph 1 above, all rights of the CUSTOMER and the liability of the SERVICE PROVIDER, including liability for damages related to the occurrence of defects in the performed Services, shall expire. The provisions of the preceding sentence shall not apply to contracts concluded with the CUSTOMERS being Consumers.
3. If the reported defect may cause damage to the CUSTOMER other than the Consumer in excess of 1000 PLN, the CUSTOMER is obliged to additionally report the damage to the insurer named by the SERVICE PROVIDER, provide all assistance in the procedure before the SERVICE PROVIDER’s insurer, and immediately submit all information necessary in the claim adjustment procedure and in disputes (if any) between the CUSTOMER and the insurer. If the above obligations are not fulfilled, the claim for compensation shall expire.

Article 10 Complaints

1. The SERVICE PROVIDER shall consider the notification referred to in Article 9(1) of the T&C within 14 days of its receipt. In the event of a dispute between the Parties regarding defects in the completed Order referred to in Article 8 of the T&C, in the case of CUSTOMERS who are not Consumers, the Parties undertake to resolve the dispute amicably on the basis of an opinion presented by an independent arbitrator with appropriate qualifications, selected jointly by both Parties from a list of court experts.
2. The amount of the contractual indemnity under the provisions of Article 8(3) of the T&C depends on the arbiter’s findings.
3. The costs of the independent arbiter’s opinion shall be borne by the Party that loses the dispute in the complaint procedure.
4. In the case of CUSTOMERS other than Consumers, the Parties exclude the possibility of judicial redress due to the unsatisfactory quality of the Service for the duration of the complaint procedure.
Article 11 Exclusivity and Liability. Withdrawal from the Contract
1. The CUSTOMER undertakes to make all arrangements concerning the Order exclusively by way of direct contacts with the SERVICE PROVIDER only. It is forbidden for the CUSTOMER to conduct any talks or make any arrangements concerning the Order directly with third parties, in particular translators/interpreters, proofreaders, graphic designers, engineers and subcontractors of the SERVICE PROVIDER, etc. When communicating in matters related to the Order, the CUSTOMER shall each time use the identification number assigned by the SERVICE PROVIDER.
2. The CUSTOMER other than a Consumer undertakes that, for a period of 12 months after concluding the contract with the SERVICE PROVIDER, it will not, directly or indirectly (through its affiliates or other entities acting upon its instructions or otherwise) undertake any activities in order to establish cooperation with translators/interpreters, graphic designers, engineers, proofreaders, employees, partners or subcontractors used by the SERVICE PROVIDER in the performance of the Order, or that are known to cooperate with the SERVICE PROVIDER on a continuous basis; in particular the CUSTOMER shall not commission such persons to provide services, bypassing the SERVICE PROVIDER or induce such persons to terminate or amend contracts concluded with the SERVICE PROVIDER, or undertake any other activities aimed at or resulting in establishing cooperation between the CUSTOMER and the person who cooperates with the SERVICE PROVIDER on a continuous basis.
3. If the CUSTOMER other than a Consumer violates any of the prohibitions specified in Article 11(1) and (2) of the T&C, it shall be obliged to pay to the SERVICE PROVIDER a contractual indemnity of 100,000.00 PLN for each infringement. The SERVICE PROVIDER reserves the right to claim damages in excess of the stipulated contractual indemnity.
4. The CUSTOMER other than a Consumer has the right to withdraw from the Order within the time limits specified below, against payment to the SERVICE PROVIDER of a compensation for loss of contract in the following amounts:
4.1st in the case of an Order for consecutive or simultaneous interpreting services, or other services similar in nature to interpreting services, when the withdrawal occurred:
4.1.1st 3 days before the agreed Service delivery date – 30% of the SERVICE PROVIDER’s agreed remuneration for a specific Order;
4.1.2nd 2 days before the agreed Service delivery date – 50% of the SERVICE PROVIDER’s agreed remuneration for a specific Order;
4.1.3rd 1 day before the agreed Service delivery date – 75% of the SERVICE PROVIDER’s agreed remuneration for a specific Order;
4.1.4th on the Service delivery date – 100% of the SERVICE PROVIDER’s agreed remuneration for a specific Order.
The compensation for loss of contract referred to in item 4.1.1, 4.1.2 and 4.1.3 should be increased by the costs incurred by the SERVICE PROVIDER for the purpose of the Order completion up to the date at which the CUSTOMER submitted a statement of withdrawal, in particular the costs of room an equipment rental, if the SERVICE PROVIDER has already incurred such costs.
4.2nd if the Order includes the provision of Services other than those specified in item 4.1, including in particular the provision of written translations, the CUSTOMER may withdraw from the Order against payment of a withdrawal fee in the amount corresponding to the value of the Service performed according to its progress at the time of receipt by the SERVICE PROVIDER of the CUSTOMER’s statement of withdrawal from the Order, but not less than 25% of the remuneration agreed for the performance of the Order.
5. The CUSTOMER being a Consumer has the right to withdraw from the Order before it is completed. In the event of withdrawal from a Service which the SERVICE PROVIDER has already commenced (including, in particular, but not limited to: translation, transcription, review /proofreading of a translation, preparation of subtitles) the CUSTOMER shall be obliged to pay the SERVICE PROVIDER remuneration corresponding to the value of the Service performed according to its progress at the time of receipt by the SERVICE PROVIDER of the statement of withdrawal, in the case of interpreting or other similar Services. The CUSTOMER shall be obliged to reimburse the SERVICE PROVIDER for the costs incurred by the SERVICE PROVIDER in connection with the performance of the Order until the moment of receipt of the statement of withdrawal, in both cases not less than 10% of the remuneration agreed for the performance of the Order (withdrawal fee). The provisions of the preceding sentence shall not apply to a situation where the CUSTOMER exercises the statutory right of withdrawal pursuant to Article 27 of the Consumer Rights Act of 30 May 2014. If this is the case, the CUSTOMER is obliged to pay for the services provided until the withdrawal date, if the CUSTOMER demanded the commencement of the Service provision before the expiry of the time limit to withdraw in accordance with Article 1(3) of the T&C.
6. Pursuant to Article 38(1)(1) of the Consumer Rights Act of 30 May 2014 (J. of Laws of 2014, item 827, as amended), the SERVICE PROVIDER hereby informs the CUSTOMER being a Consumer that withdrawal from the contract concluded on the basis of an Order submitted in accordance with these T&C within 14 days without stating a reason pursuant to Article 35 of that Act shall not be possible if the ordered Service has already been performed by the SERVICE PROVIDER.
7. In the case of the CUSTOMER other than a Consumer, the SERVICE PROVIDER has the right to withdraw from performance of an Order against simultaneous payment to the CUSTOMER of the compensation for loss contract equal to 25% of the remuneration agreed for completion of an Order from which it has withdrawn, but not later than before half of the time agreed for completion of the Order.
8. The statement of withdrawal concerning the Order should be submitted simultaneously with the payment of the compensation for loss of contract. The compensation for loss of contract may be deducted from the amounts to be refunded as a result of settlement.

Article 12 Confidentiality Clause

The SERVICE PROVIDER undertakes to keep confidential all information provided and made available to it by the CUSTOMER for the purpose of preparing the Terms of the Order referred to in Article 3(4) and/or proper performance of the Order. Such information may be disclosed exclusively to the employees, associates and sub-contractors who are directly involved in preparing the Terms of the Order and completing the Order. The SERVICE PROVIDER hereby declares that all subcontractors involved in completion of the CUSTOMER’s orders have concluded a confidentiality agreement with regard to any and all information of the CUSTOMERS, as required by the SERVICE PROVIDER’s quality assurance system according to EN ISO 9001:2015 and information safety management system according to ISO 27001:2013.

Article 13 Personal Data

1. The Parties undertake to process personal data obtained in connection with their mutual cooperation in accordance with the provisions of the applicable personal data protection legislation, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR), in particular to process such data in a reliable and transparent manner and ensure adequate protection of data integrity and confidentiality.
2. The CUSTOMER declares that they are authorised to provide the SERVICE PROVIDER with personal data in connection with the provision of Services.
3. The SERVICE PROVIDER’s rules for personal data processing are available on the SERVICE PROVIDER’s website at: https://skrivanek.pl/en/about-us/standards/privacy-policy/ and constitute an integral part of these T&C.

Article 14 Final Provisions

1. To issues not regulated herein the relevant provisions of the Civil Code and the Consumer Rights Act of 30 May 2014 (J. of Laws of 2014, item 827, as amended) shall apply, whereas in the case of the CUSTOMERS other than Consumers, the Parties agree to exclude any other rights of the CUSTOMER concerning non-performance or improper performance of the Order, apart from those granted herein.
2. The T&C shall bind the Parties upon placing an Order within the meaning of these T&C.
3. The provisions of the T&C may be amended by and between the Parties exclusively in a document form, under pain of nullity, subject to the provisions of paragraph 4.
4. Subject to paragraph 5 below, the SERVICE PROVIDER reserves the right to amend the T&C. The amended T&C shall apply only to Orders placed after the date on which the amendments come into force. Orders accepted for fulfilment by the SERVICE PROVIDER before that date shall be fulfilled in accordance with the existing T&C.
5. Where the T&C are part of the main agreement, i.e. in particular: a cooperation agreement, framework agreement or other long-term agreement of this type, concluded by the SERVICE PROVIDER with the CUSTOMER, the SERVICE PROVIDER may amend the T&C by notifying the CUSTOMER at least in writing no later than 2 weeks before the planned effective date of the amendment. However, an amendment to the T&C entitles the CUSTOMER to submit a statement of termination of the main agreement with effect from the effective date of the new T&C, with the proviso that Orders accepted for fulfilment by the SERVICE PROVIDER during the period of validity of the existing T&C shall be fulfilled on the existing terms. The CUSTOMER’s statement shall be made in writing within 7 days of receiving information about the amendment to the T&C. If the CUSTOMER is a Consumer, the amendment to the T&C referred to in this paragraph may be made by the SERVICE PROVIDER only for important reasons, in particular in the event of a change in legal regulations, market conditions, the scope of services provided or technology.
6. These T&C are effective as of 1 October 2025.