OBCHODNÍ PODMÍNKY PROFIPŘEKLADATEL, S.R.O.
- The following General Terms and Conditions have been issued in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll. The following Terms and Conditions shall regulate in particular the relations between the Contractor, the translation agency Profipřekladatel, and the Client or any other legal entity placing a binding order for translation, proofreading, interpreting or other services provided by the Contractor. The terminology of the individual services is specified in Article II.
- The following General Terms and Conditions form an integral part of the contract concluded between the Company and the Client, both for orders not concluded in writing and for contracts concluded in writing or by e-mail.
- Deviating provisions in the contract shall prevail over the wording of these Terms and Conditions in accordance with Article 1751 of the Civil Code.
- In these Terms and Conditions, "GTCs" means the General Terms and Conditions referred to in Article I(1);
- "CC" in these GTCs means Act No. 89/2012 Coll., the Civil Code;
- "Profipřekladatel" in these GTCs means PROFIPŘEKLADATEL, s.r.o., CIN: 08424641, VAT number: 08424641, with its registered office at Pod Velkým hájem 1424/9, Prague 5, represented by Marek Auterský;
- "Client" in these GTCs means any natural person or legal entity that has placed a binding order for the services of Profipřekladatel;
- "Service" in these GTCs means translation, specialised translation, small translation, large translation, express translation, ultra-express translation, sworn translation, proofreading, general proofreading, grammatical proofreading, stylistic proofreading, small proofreading, large proofreading, interpreting, standard interpreting, simultaneous interpreting, consecutive interpreting, telephone interpreting, sworn interpreting, interpreting abroad, tourist interpreting, interpreting technology;
- A "Standard Page" in these GTCs means a text of 1800 characters;
- "Translation" in these GTCs means a translation from or into the language ordered by the Client. Translation includes the following versions;
- "Specialised Translation" in these GTCs means the translation of technical, engineering, medical, legal and other specialised texts as ordered by the Client;
- "Small(-Scale) Translation" in these GTCs means a translation of up to twenty (20) standard pages;
- "Large(-Scale) Translation" in these GTCs means a translation exceeding twenty (20) standard pages;
- "Express Translation" in these GTCs means a translation of five (5) or more standard pages delivered within 24 hours of acceptance of an order;
- "Ultra-Express Translation" in these GTCs means a translation of one (1) or more Standard Pages delivered on the same day as acceptance of the Order;
- "Sworn Translation" in these GTCs means a translation certified by a translator appointed by a Regional or Municipal Court;
- "Proofreading" in these GTCs means proofreading a text that has already been translated or written. Proofreading also includes the following versions;
- "Comprehensive Proofreading" in these GTCs means the comprehensive proofreading of a document;
- "Grammatical Proofreading" in these GTCs means the correction of grammatical errors (not including stylistic editing of the text);
- "Stylistic Proofreading" in these GTCs means the stylistic editing of the text to make it coherent and understandable;
- "Small(-Scale) Proofreading" in these GTCs means the proofreading of a document of up to twenty (20) standard pages;
- "Large(-Scale) Proofreading" in these GTCs means the proofreading of a document of more than twenty (20) standard pages;
- "Interpretation" in these GTCs means interpreting a spoken text by an interpreter from or into a language ordered by the Client. The interpretation shall also include the following variations
- "Standard Interpretation" in these GTCs means interpretation by an interpreter who has not been appointed by the County or Municipal Court;
- "Simultaneous Interpretation" in these GTCs means conference interpreting by two (2) or more interpreters interpreting simultaneously with the speaker;
- "Consecutive Interpretation" in these GTCs means interpretation by an interpreter who translates the speaker's oral utterances after the speaker has paused;
- "Interpretation by Telephone" in these GTCs means interpretation by an interpreter over a telephone, Skype or any other similar device;
- "Sworn Interpretation" in these GTCs means interpretation by an interpreter appointed by the County or Municipal Court;
- "Interpreting Abroad" in these GTCs means interpreting abroad; the Client shall also bear the cost of the subsistence allowance in addition to the fee and shall provide transport together with accommodation unless otherwise agreed;
- "Tourist Interpretation" in these GTCs means interpretation for tourists, i.e., guided tours;
- "Interpreting Equipment" in these GTCs means hiring, transporting and installing the technical equipment required for the interpretation ordered.
HAVE YOU ORDERED OUR SERVICES BY E-MAIL?
- The conclusion of a contractual relationship via e-mail between the Client and the Contractor is described in detail in this article of the General Terms and Conditions.
- The Client sends a non-binding enquiry by e-mail to firstname.lastname@example.org, or https://www.profiprekladatel.cz/poptavka, providing all the necessary information, which the Contractor uses solely to prepare a price quotation.
- The following information is required for the non-binding request:
- a) The name of the Client;
- b) The e-mail address of the Client;
- c) The Client's telephone number for verification by the Company;
- d) The type of the Order (translation, proofreading, sworn translation, court interpreting, escort interpreting, consecutive interpreting, simultaneous interpreting, interpreting equipment or other services);
- e) The deadline for the provision of the Service;
- f) Any other relevant information concerning the requested Service or the source document for translation or proofreading.
- (hereinafter referred to as the "Non-Binding Inquiry").
- If the requirements of the Non-Binding Inquiry are met, the Company may prepare a price quotation for the requested Service, which shall be sent to the Client at the contact details provided by the Client in the Non-Binding Inquiry as soon as it has been processed, but no later than one working day from the date of sending the Non-Binding Inquiry, and usually on the same working day.
- The quotation must include in particular:
a) The nature of the Order;
b) The date of delivery of the Services;
c) The price quoted.
(hereinafter referred to as the "Offer").
- In order to establish a contractual relationship between the Contractor and the Client, the Client must clearly state that he accepts the Offer. Acceptance of the Offer shall establish a valid contractual relationship between the Contractor and the Client.
TRANSLATIONS - IMPORTANT INFORMATION
Essential information about the requested translation
- The Client acknowledges that for the translation to be as accurate as possible, it is necessary to specify the purpose of the translation and provide other basic information about the translation.
- If the Client fails to provide this information to Profipřekladatel on time, the Translation shall be deemed to be for a general purpose.
- If the source text on which the translation is based contains lesser-known abbreviations, abbreviations used exclusively by the Client or highly technical terminology, the Client undertakes to provide the maximum cooperation that can reasonably be required to fulfil the purpose of the ordered translation.
- If the Client does not correctly and sufficiently specify the requirements for the resulting graphic design of the translation, the translation will be delivered to the Client in the standard graphic design used for translations.
- (Paragraphs 1-4 shall hereinafter be referred to as "Essential Information for the Translation")
- For the avoidance of doubt, if the Client fails to provide the Essential Information for the Translation in a proper and timely manner, the Client's right to make a claim shall lapse if the Client is not satisfied with the resulting Translation in terms of graphic design and translation of highly technical terminology or lesser-known abbreviations.
- If Profipřekladatel requests cooperation from the Client and sets a deadline for the Client to provide such cooperation, the Client shall be obliged to provide such cooperation. If the Client fails to provide such assistance within the time limit set by Profipřekladatel, the agency (Profipřekladatel) shall be entitled to provide a substitute service at the expense of the Client or to notify the Client of the possibility of withdrawing from the contract; if the Client fails to provide such assistance, Profipřekladatel shall be entitled to withdraw from the contract.
Price of the translation
- All prices for translations are specified in the Price List, which is an integral part of these General Terms and Conditions.
- The prices stated in the Price List are exclusive of VAT.
- The prices quoted in the Price List for translation may not correspond to the final Offer (Quotation), as many other factors, such as the complexity of the text, the quality of the source document, additional requirements of the Client, etc., may influence the final Quotation.
- If the number of characters in the source document cannot be determined in advance, Profipřekladatel will make a preliminary estimate, which may be modified. The Client will be informed of this fact, and by accepting the Quotation, the Client agrees to and undertakes to pay any increase in the final price compared to the Quotation.
Delivery of the Translation
- Once the Translation has been completed, the Client shall accept delivery of the Translation without undue delay in the manner customary for the chosen method of delivery thereof.
Delivery by the postal service provider
- If Profipřekladatel sends the completed Translation via a postal service, the Client is obliged to take such measures so that the delivery of the Translation is not hindered in any way (clear markings of the post box at their address, etc.).
- If the Client cannot be reached by the postal service provider, the Translation sent using this method shall be deemed to have been delivered on the third working day after its dispatch; if it was sent to an address in another country, the deadline shall be the fifteenth working day after it was sent.
Delivery by e-mail
- If Profipřekladatel sends a completed Translation by e-mail, the Client shall acknowledge receipt of such Translation to Profipřekladatel. If they fail to do so even on the second working day after the sending of the Translation, it shall be deemed undisputed that the Translation has been duly delivered.
Pickup at the office
- If the Client collects the completed Translation in person, they shall confirm its receipt by signing the delivery note.
Delivery of the Translation in parts
- If the Translation is delivered in parts, the provisions of these GTC shall apply mutatis mutandis as if the Translation had been delivered in its entirety.
- In such a case, the entitlement to payment for a part of the Translation shall commence on the date of delivery of each such part.
Personal delivery by Profipřekladatel
- Profipřekladatel may deliver the Translation in person by prior arrangement, subject to a surcharge depending on the place of delivery. If the Client cannot personally accept the Translation at the place of destination, they are obliged to arrange or appoint another person to represent them in this matter. If neither the Client nor the person authorised by the Client accepts the Translation, Profipřekladel shall proceed in the same way as if the Client had decided to have the Translation delivered by a postal service provider. Moreover, the Client shall be obliged to cover all costs incurred in connection with such delivery of the Translation.
Ownership of the Translation
- The title to the Translation shall pass to the Client only upon payment in full of the price for the Translation. The price for the Translation shall be deemed to have been paid when the funds are credited to the bank account of Profipřekladatel or deposited against a receipt in Profipřekladatel's cash register.
Guarantee and Complaints
- For the avoidance of any doubts, it is expressly stated that the Client shall be entitled to make claims against Profipřekladatel for defects within two (2) months from the date of delivery of the Translation.
- The Translation shall be considered defective if it contains errors of meaning or grammar or numerous typing errors.
- The Translation may not be claimed as being unsuitable for its intended use if the Client has not provided Profipřekladatel with the Essential Information concerning the Translation.
- The Client shall submit the claim to Profipřekladatel in writing. In such a complaint, the Client must state the reason for the complaint and refer to the specific points they consider to be incorrect.
- In the first instance, the Client is obliged to file a complaint with the Profipřekladatel agency, which will check the identified errors and inform the Client without undue delay about the status of the complaint procedure. If the Customer outsources the rectification of the Translation to another entity without informing the Profipřekladatel agency first, the Client is deemed to have violated the terms of the complaint procedure and in such a case, loses the right to any compensation for the rectification by another entity as well as the claim for defective performance.
- If the complaint is found to be justified, the Client shall allow Profipřekladatel to correct the translation within a reasonable time, depending on the extent of the defects to be corrected. In this case, Profipřekladatel shall grant an appropriate discount, but at least 10%.
- If the Client still considers the Translation to be erroneous even after the correction of its defects, Profipřekladatel and the Client shall jointly select an independent sworn interpreter appointed by the Municipal or Regional Court to review the Translation and compare it with the source text and subsequently prepare an opinion.
- If an independent assessment by a sworn interpreter is requested in accordance with clause 26, Profipřekladatel will cover the advance payment for such an assessment. If the sworn interpreter finds the translation to be faultless, the cost of the opinion shall be borne by the Client.
- If the source document is illegible, the Client may not claim any errors in the Translation.
- If the Client suffers damage due to a faulty translation, Profipřekladatel shall be liable for the price of the Translation only.
- Withdrawal from the Translation Contract
- The Client is entitled to withdraw from the contract at any time during the translation preparation.
- Withdrawal from the contract must be made in writing.
- If the Client withdraws from the Translation Contract, they are obliged to pay for all costs incurred for the already completed part thereof. If the Translation has already been completed in full, the Client shall be obliged to pay the full price for such Translation.
INTERPRETATION - IMPORTANT INFORMATION
Essential information about the requested Interpretation
- The Client acknowledges that to ensure the most accurate Interpretation, it is necessary to disclose the purpose, which the Interpreter shall meet during the process of the Interpretation.
- If the Client does not disclose the purpose, which the Interpretation shall fulfil, it is assumed that the Interpretation will be carried out for the usual purpose, which does not require the selection of an interpreter specialised in a particular field.
(Paragraphs 1-2 shall hereafter be referred to as "Essential Information for the Interpretation")
- If the Client does not disclose the Essential Information for the Interpretation, the Interpretation shall be deemed to take place in a customary way that does not require an interpreter specialised in a particular field.
Price of the Interpretation
- All prices for Interpretation are specified in the Price List, which is an integral part of these General Terms and Conditions.
- The prices stated in the Price List are exclusive of VAT.
- The prices quoted in the Price List for Interpretation may not correspond to the final Offer (Quotation), as many other factors, such as the complexity of the text, the location where the Interpretation takes place, additional requirements of the Client, etc., may influence the final Quotation.
- If the Interpretation length cannot be determined in advance, Profipřekladatel will make a preliminary estimate, which may be modified. The Client will be informed of this fact, and by accepting the Quotation, the Client agrees to and undertakes to pay any increase in the final price compared to the Quotation.
- Interpretation documents
- If the Interpretation requires advance study of materials used by the Interpreter for preparation, the Client agrees to provide such materials no later than (3) business days prior to the scheduled Interpretation; if a larger-scale Interpretation shall be scheduled requiring the study of multiple materials, the Client agrees to provide such materials no later than seven (7) business days prior to the scheduled Interpretation.
- The documents provided shall be considered confidential and treated as such.
Refusal of interpretation by the Interpreter
- The Interpreter has the right to refuse to interpret if the interpreting conditions are hindered in any way, especially if the usual conditions for dignified interpreting are not provided.
- In such a case, the Interpreter shall inform the Profipřekladatel agency.
Other costs related to interpreting
- Unless otherwise agreed, the transport of the Interpreter to the place of interpreting shall be borne by the Client.
- A separate fee may be charged for each missed hour of travel to and from the place of interpreting.
Sending an interpreter to Interpret abroad
- The assignment of an Interpreter for interpretation abroad is subject to a separate contract to which these GTC do not apply.
Complaints about interpreting
- The Client is obliged to immediately confirm to the Profipřekladatel agency that the interpreting has been carried out correctly; if the Client fails to do so within three hours after the interpreting, the interpreting shall be deemed to have been carried out correctly and flawlessly.
- The interpretation shall be deemed defective if it does not comply with the order. In such a case, the Client shall notify the Profipřekladatel agency of the faulty interpretation by telephone within three hours and submit the claim in writing within two (2) working days at the latest.
- An interpretation cannot be claimed if the information necessary for the interpretation has not been provided.
- If the Client suffers damage due to a faulty interpretation, the Profipřekladatel agency shall be liable to the extent of the price of the interpretation.
- Cases concerning claims for interpretation not covered by this article shall be governed by the GTC for Translations mutatis mutandis.
- Withdrawal from the Interpretation Contract
- The Client is entitled to withdraw from the Interpretation Contract.
- The withdrawal must be made in writing.
- Should the withdrawal be made within the following period:
a) Of more than 48 hours before the scheduled Interpretation, the Client is obliged to pay 25% of the price of the Interpretation;
b) Shorter than 48 hours, but longer than 24 hours, the Client is obliged to pay 50% of the price of the Interpretation;
c) Shorter than 24 hours, but not on the same day of the Interpretation, the Client shall pay 80% of the price of the Interpretation;
d) On the day of the Interpretation, the Client shall pay 100% of the Interpretation price.
- Should the Interpretation be cancelled pursuant to paragraph 22 of this clause, the Client is invoiced for the Interpretation as it would have been if the Interpretation had taken place; if the Interpreter has incurred any costs in preparation for the Interpretation, these will be invoiced to the Client in full.
PROOFREADING - IMPORTANT INFORMATION
- All provisions of the GTCs for Translations shall apply mutatis mutandis to Proofreading.
- A tax receipt shall be used as the basis for all payments of the price for services rendered.
- Unless otherwise stated, the due date is 14 days from the issuance of the tax document.
- If the Client delays payment of the tax document, they are obliged to pay a contractual penalty of 0.1% of the amount due for each day of the delay.
- All available out-of-court means shall be used to settle disputes arising from the contractual relationship between Profipřekladatel and the Client.
- In the first instance, the Client agrees to allow an independent translator or interpreter to evaluate any service for as long as necessary. If the Client is not satisfied with assessing the quality of the service provided by the independent translator or interpreter, both parties shall consult an interpreter appointed by the Municipal or Regional Court. If the Client is not satisfied with the opinion on the quality of the service provided by the interpreter appointed by the Municipal or Regional Court, the Client may apply to the Czech Trade Inspection for an out-of-court settlement or to the competent Municipal Court at the seat of the Profipřekladatel agency.
BAN ON REACHING TRANSLATORS, PROOFREADERS OR INTERPRETERS
- The Client undertakes not to contact the translator, interpreter or proofreader contacted by Profipřekladatel in connection with the Service provided by the above-mentioned means without the written consent of the agency.
- Should an arrangement be made between the Client and the translator, interpreter or proofreader without the consent of Profipřekladatel, the Client is liable to pay a contractual penalty of CZK 10,000 for each Order commissioned by such translator or interpreter.
- Profipřekladatel declares that all processed personal data will be kept strictly confidential. Profipřekladatel shall handle such data in accordance with national and European Union legislation applicable in the field of data protection.
- Profipřekladatel collects, stores and uses personal data within the meaning of Section 6 of Act No. 101/2000 Coll. on the Protection of Personal Data or Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as "GDPR"). The individual purposes for which Profipřekladatel processes data are defined below.
- Profipřekladatel issues this statement primarily to adequately inform Clients, as natural persons, about the following: what purpose, what data, for how long and who has access to this data.
- Profipřekladatel is entitled to process only personal data from the address and identification data category, mainly name, surname, telephone number, e-mail address, address of residence or registered office, etc.
- Profipřekladatel shall process the data for the period necessary to ensure all rights and obligations arising from the mutual legal transaction, at least for the period of order processing, as well as for the period for which Profipřekladatel is obliged to keep the personal data according to generally binding legal regulations or for the period for which you have given your consent to the agency.
- In addition, Profipřekladatel shall retain your personal data in particular on the basis of a legitimate interest, which means, for example, the effective defence in the event of a dispute, the processing period in such a case is four (4) years from the expiry of the transmission of the Order and this period shall be extended by the period for which the dispute is conducted. Profipřekladatel wishes to provide its Clients with better and better services and, if necessary, new and better services, and wishes to prevent any obstruction of such activities, such as the prevention of fraudulent orders, etc. In addition, Profipřekladatel wants to fulfil other legal obligations, such as providing information to law enforcement authorities and other public authorities that may have a legitimate interest in obtaining information that Profipřekladatel has learned in its business activities.
- Profipřekladatel shall process personal data both manually and automatically. The agency is authorised to process certain information automatically, such as compiling statistical information on current contracts.
- Profipřekladatel stores personal data on the basis of the consent given by the Client in the executed Order. If such an order has not been executed, Profipřekladatel shall immediately remove the personal data from its records.
- Profipřekladatel will never pass on the Client's personal data to a third party.
- The Client also has the right to request the deletion of their personal data.
- The Client also has the right to request that the processing of personal data be restricted.
- Clients may lodge a complaint with the Office for Personal Data Protection if they doubt how their personal data is handled.
PROVISIONS CONCERNING THE GTCs
- The present GTCs are valid and effective as of 1 December 2018.
- Profipřekladatel reserves the right to amend the GTCs. The new version of the GTCs must be published on the website http://www.profiprekladatel.cz, and their old version shall be archived.
- Should any of the provisions of the present GTCs be found invalid, the remaining terms remain valid and effective. Profipřekladatel and the Client undertake to replace the invalid provisions with new valid ones that are as close as possible to the original meaning in the event of a dispute. Until the invalid provisions are replaced by valid legal provisions, the relationship between Profipřekladatel and the Client shall be governed by the legal provisions that most closely correspond to the actual intention of the parties as expressed in these GTC.