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TERMS AND CONDITIONS

for the provision of translation services

TERMS AND CONDITIONS

ARTICLE I

INTRODUCTORY PROVISIONS

These Terms and Conditions are issued in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code. These Terms and Conditions govern, in particular, the relationship between the Contractor, the translation agency Profipřekladatel, and the Customer (a consumer or another legal entity) who places a binding order for any service provided by the Contractor in the field of translation, proofreading, interpreting, and other services provided by the Contractor. The terminology of individual Services is specified in Article II.
These T&C form an integral part of the contract concluded between the Contractor and the Customer, applying both to orders concluded without a written form, contracts concluded in written form, or contracts concluded via email communication.
Pursuant to Section 1751 of the Civil Code, any divergent arrangements within the contract shall take precedence over the wording of these Terms and Conditions.

ARTICLE II

DEFINITIONS

For the purposes of these Terms and Conditions:

"T&C" means the Terms and Conditions specified in Article I, paragraph 1;
"CC" means Act No. 89/2012 Coll., the Civil Code;
"Profipřekladatel" means PROFIPŘEKLADATEL, s.r.o., ID No. (IČO): 08424641, Tax ID No. (DIČ): 08424641, with its registered office at Pod Velkým hájem 1424/9, Prague 5, acting through its Managing Director Marek Auterský;
"Customer" means any natural or legal person who places a binding order for the services of Profipřekladatel;
"Service" means a translation, specialized translation, small-scale translation, large-scale translation, express translation, ultra-express translation, certified translation, proofreading, comprehensive proofreading, grammatical proofreading, stylistic proofreading, small-scale proofreading, large-scale proofreading, interpreting, standard interpreting, simultaneous interpreting, consecutive interpreting, telephone interpreting, certified interpreting (with a court stamp), interpreting abroad, tourist interpreting, or interpreting equipment;
"Standard Page" means a text with a length of 1,800 characters (including spaces);
"Translation" means a translation from or into a language according to the Customer's order. A Translation can also have the specific variations listed below;
"Specialized Translation" means a Translation of technical, engineering, medical, legal, and other specialized texts according to the Customer's order;
"Small-Scale Translation" means a Translation with a volume of up to twenty (20) Standard Pages;
"Large-Scale Translation" means a Translation with a volume exceeding twenty (20) Standard Pages;
"Express Translation" means a Translation of five (5) or more Standard Pages delivered within 24 hours of order acceptance;
"Ultra-Express Translation" means a Translation of one (1) or more Standard Pages delivered on the same day the order was accepted;
"Certified Translation" means a Translation certified by a translator appointed by a Regional or Municipal Court;
"Proofreading" means the correction of an already translated or written text. Proofreading can also have the specific variations listed below;
"Comprehensive Proofreading" means the complete proofreading of a document;
"Grammatical Proofreading" means the correction of grammatical errors (excluding stylistic modification of the text);
"Stylistic Proofreading" means the stylistic modification of the text to ensure it is cohesive and comprehensible;
"Small-Scale Proofreading" means the Proofreading of a document with a volume of up to twenty (20) Standard Pages;
"Large-Scale Proofreading" means the Proofreading of a document with a volume exceeding twenty (20) Standard Pages;
"Interpreting" means the interpreting of a spoken text by an interpreter from or into a language according to the Customer's order. Interpreting can also have the specific variations listed below;
"Standard Interpreting" means Interpreting performed by an interpreter who has not been appointed by a Regional or Municipal Court;
"Simultaneous Interpreting" means conference Interpreting involving two (2) or more interpreters who interpret simultaneously with the speaker;
"Consecutive Interpreting" means Interpreting where the interpreter translates the oral presentation of the speaker after the speaker pauses;
"Telephone Interpreting" means Interpreting performed by an interpreter via a phone call, Skype, or any other similar device;
"Certified Interpreting" means Interpreting performed by an interpreter appointed by a Regional or Municipal Court;
"Interpreting Abroad" means Interpreting performed outside the Czech Republic, where the Customer shall also cover per diems beyond the standard price and arrange transportation along with accommodation, unless agreed otherwise;
"Tourist Interpreting" means Interpreting for tourists, i.e., guided tours;
"Interpreting Equipment" means the rental, transport, and installation of technical equipment necessary for the ordered Interpreting.

ARTICLE III

ORDERING SERVICES VIA EMAIL

The establishment of a contractual relationship via email between the Customer and the Contractor is detailed in this article of the T&C.
The Customer shall make a non-binding inquiry via email to info@profiprekladatel.cz, or at <-block _nghost-ng-c654975101="" class="ng-star-inserted">https://www.profiprekladatel.cz/poptavka, where they shall fill in all the necessary details, which serve the Contractor solely for the purpose of creating a price calculation.
For a non-binding inquiry, it is necessary to state in particular:
- a) the Customer's name;
- b) the Customer's email address;
- c) the Customer's telephone number for verification purposes by the Contractor;
- d) the type of order (translation, proofreading, certified translation, certified interpreting, escort interpreting, consecutive interpreting, simultaneous interpreting, interpreting equipment, or other services);
- e) the deadline for the completion of the Service;
- f) other essential information regarding the requested Service, or the source document on which the translation or proofreading is to be based.

(hereinafter referred to as the "Non-Binding Inquiry")

Upon fulfillment of the requirements of the Non-Binding Inquiry, the Contractor is able to compile a price calculation for the requested Service, which shall be sent to the Customer at the contact address provided in the Non-Binding Inquiry immediately after processing, and no later than one business day from the submission of such inquiry, typically on the same business day.
The Price Quote must contain in particular:
- a) the type of order;
- b) the delivery date of the Service;
- c) the price offer.

(hereinafter referred to as the "Price Quote")

For a contractual relationship to be established between the Contractor and the Customer, the Customer must clearly state that they accept the Price Quote. Acceptance of the Price Quote establishes a valid contractual relationship between the Contractor and the Customer.

ARTICLE IV

TRANSLATIONS

Essential Information for the Requested Translation

The Customer acknowledges that in order to produce the most accurate Translation possible, it is necessary to communicate the purpose for which the Translation will be used and other essential information concerning the Translation.
If the Customer fails to provide this information to Profipřekladatel in a timely manner, it shall be deemed that the Translation is intended for general use.
If the source text contains less common abbreviations, abbreviations used exclusively by the Customer, or highly specialized terminology, the Customer undertakes to provide the maximum possible cooperation that can be reasonably required from them so that the purpose of the ordered Translation is fulfilled.
An expectation regarding the graphic layout of the resulting Translation is also deemed essential information; if the Customer fails to properly and sufficiently specify the requirements for the resulting graphic layout of the Translation, the translation will be delivered in the standard graphic layout customary for translations.

(paragraphs 1-4 hereinafter collectively referred to as "Essential Translation Information")

For the avoidance of doubt, it is understood that if the Customer fails to provide the Essential Translation Information properly and on time, their right to file a claim (complaint) expires if they are not satisfied with the resulting Translation in terms of graphic layout, translation of highly specialized terminology, or less common abbreviations.
In the event that Profipřekladatel requests the Customer's cooperation and sets a deadline for its provision, the Customer undertakes to provide such cooperation. If the Customer fails to provide this cooperation within the deadline specified by Profipřekladatel, Profipřekladatel has the right to arrange substitute performance at the Customer's expense, or shall warn the Customer of the possibility of withdrawing from the contract; if the Customer fails to provide cooperation even after such a warning, Profipřekladatel has the right to withdraw from the contract.

Price of Translation

All prices for Translation are listed in the Price List, which forms an integral part of these T&C.
Prices in the Price List are stated excluding VAT.
The Translation prices listed in the Price List may not correspond to the final Price Quote, as the final Price Quote may be influenced by many other factors such as text complexity, the quality of the source document, above-standard requirements of the Customer, etc.
If the number of characters in the source document cannot be determined in advance, Profipřekladatel will make a preliminary estimate, which may deviate from the final reality. The Customer is notified of this fact, and by accepting the Price Quote, they also accept a potential increase in the final price compared to the price offer and undertake to pay it.

Delivery of Translation

Upon completion of the Translation, the Customer is obliged to take delivery of the translation without undue delay in the manner customary for the chosen method of Translation delivery.

Delivery via Postal Service Provider

If Profipřekladatel sends the completed Translation via a postal service provider, the Customer is obliged to take such measures as to ensure that the delivery of the Translation is not hindered in any way (clearly marked mailbox at the address, etc.).
If the Customer was not reached by the postal service provider, a Translation sent via a postal service provider is deemed to have been delivered on the third business day after dispatch; however, if it was sent to an address in another country, it is deemed delivered on the fifteenth business day after dispatch.

Delivery via Email

If Profipřekladatel sends the completed Translation via email, the Customer is obliged to confirm the receipt of such Translation to Profipřekladatel. If they fail to do so by the second business day after the Translation was sent, it shall be indisputably deemed that the Translation was properly delivered.

Collection at the Branch

If the Customer collects the completed Translation in person, they are obliged to confirm collection by signing the delivery note.

Delivery of Translation in Parts

If the Translation is delivered in parts, the provisions of these T&C apply analogously to the delivery of the fully completed Translation.
In such a case, the right to payment for a part of the Translation arises on the day of delivery of each individual part.

Personal Delivery by Profipřekladatel

Personal delivery of the Translation by Profipřekladatel is possible upon prior agreement, whereby a surcharge will be calculated for this service according to the place of delivery. If the Customer cannot accept the Translation in person at the destination, they are obliged to ensure or authorize another person to represent them in this matter. In the event that neither the Customer nor their authorized person accepts the Translation, Profipřekladatel shall proceed in a manner similar to as if the Customer had chosen delivery via a postal service provider. The Customer is also obliged to reimburse all costs incurred with such delivery of the Translation.

Ownership Rights to the Translation

Ownership rights to the Translation pass to the Customer upon full payment of the price for the Translation. The price for the Translation is deemed paid when the funds are credited to the bank account of Profipřekladatel or deposited into the cash register of Profipřekladatel against a cash receipt.

Warranty and Claims regarding the Translation

Profipřekladatel provides a warranty on the translation for a period of two (2) months from the delivery of the Translation. For the avoidance of doubt, it is explicitly stated that the Customer is entitled to assert claims arising from defects with Profipřekladatel within a period of two (2) months from the day of delivery of the Translation.
A Translation is deemed defective if it contains semantic or grammatical errors, or a significant number of typos.
A Translation cannot be claimed as defective due to an inconsistency with its intended use if the Customer failed to communicate the Essential Translation Information to Profipřekladatel.
The Customer shall submit a claim to Profipřekladatel in writing. In such a claim, the Customer must state the reason for the claim and reference the specific parts they consider to be erroneous.
The Customer is obliged, first and foremost, to file the claim with Profipřekladatel, which will perform an inspection of the identified errors and notify the Customer of the status of the claim proceedings without undue delay. If the Customer commissions the correction of the Translation from another entity without the knowledge of Profipřekladatel, it shall be deemed that they breached the conditions of the claim proceedings; in such a case, they lose the right to any compensation for the modification by another entity as well as claims from defective performance.
In the event that a claim is recognized as justified, the Customer shall allow Profipřekladatel to rectify the translation into a defect-free state within a reasonable period corresponding to the scope of the corrected deficiencies. In such a case, Profipřekladatel shall provide a reasonable discount, which shall be at least 10%.
In the event that even after the modification of the erroneous parts of the Translation, the Customer does not consider the Translation to be defect-free, both Profipřekladatel and the Customer undertake to jointly select an independent certified translator appointed by a Municipal or Regional Court, who will review the translation in comparison with the source text and subsequently draw up an expert opinion.
In the event of an independent assessment by a certified court translator pursuant to paragraph 26, the advance payment for this expert opinion shall be paid by Profipřekladatel. In the event that the certified translator finds the translation to be defect-free, the costs of preparing the expert opinion shall be borne by the Customer.
In the case of poor legibility of the source document, the Customer's right to file a claim is void in the event of errors in the Translation.
In the event that a defective translation causes damage to the Customer, the liability of Profipřekladatel is limited up to the amount of the price of the Translation.

Withdrawal from the Translation Contract

The Customer is entitled to withdraw from the contract at any time during the production of the Translation.
Withdrawal from the contract must be made in writing.
In the event of withdrawal from the contract for the production of a Translation, the Customer is obliged to pay all costs incurred for the part of the Translation already completed. In the event that the Translation has already been fully completed, the Customer is obliged to pay the full price for such Translation.

ARTICLE V

INTERPRETING

Essential Information for the Requested Interpreting

The Customer acknowledges that for the most accurate Interpreting possible, it is necessary to communicate the purpose for which the interpreter will perform the Interpreting.
If the Customer fails to communicate the purpose for which the Interpreting is to be performed, it shall be deemed that the Interpreting will take place for a general purpose that does not require the selection of an interpreter specializing in a specific field.

(paragraphs 1-2 hereinafter collectively referred to as "Essential Interpreting Information")

If the Customer fails to communicate the Essential Interpreting Information, it shall be deemed that the Interpreting will take place for a general purpose that does not require the selection of an interpreter specializing in a specific field.

Price of Interpreting

All prices for Interpreting are listed in the Price List, which forms an integral part of these T&C.
Prices in the Price List are stated excluding VAT.
The Interpreting prices listed in the Price List may not correspond to the final Price Quote, as the final Price Quote may be influenced by many other factors such as the complexity of the Interpreting, the location of interpreting, above-standard requirements of the Customer, etc.
If the duration of the Interpreting cannot be determined in advance, Profipřekladatel will make a preliminary estimate, which may deviate from reality. The Customer is notified of this fact, and by accepting the Price Quote, they also accept a potential increase in the final price compared to the price offer and undertake to pay it.

Materials for Interpreting

If it is necessary to study reference materials in advance for the interpreter to prepare for any interpreting task, the Customer undertakes to provide these materials no later than three (3) business days before the planned Interpreting; if the Interpreting is of a larger scale requiring the study of multiple materials, the Customer undertakes to provide such materials no later than seven (7) business days before the planned Interpreting.
Provided reference materials are considered confidential and will be treated as such.

Refusal of Interpreting by the Interpreter

The interpreter is entitled to refuse Interpreting in the event that the conditions for Interpreting are hindered in any way, meaning in particular that the standard conditions for dignified Interpreting are not secured.
In such a case, the interpreter shall notify Profipřekladatel of this situation.

Other Costs Associated with Interpreting

Unless agreed otherwise, the transportation of the interpreter to the place of Interpreting shall be covered by the Customer.
For each hour lost traveling to and from the interpreting location, a special surcharge may be charged.

Sending an Interpreter for Interpreting Abroad

The assignment of an interpreter for Interpreting abroad shall be governed by a separate contract, to which these T&C do not apply.

Claims Regarding Interpreting

The Customer is obliged to confirm to Profipřekladatel immediately after the end of the Interpreting that the Interpreting took place properly; if they fail to do so no later than three hours after the Interpreting was performed, it shall be deemed that the Interpreting took place properly and without defects.
Interpreting is deemed defective if it was not performed in accordance with the order. In such a case, the Customer is obliged to notify Profipřekladatel by telephone within three hours of the defective Interpreting and to assert this claim in writing no later than within two (2) business days.
Interpreting cannot be claimed as defective if the Essential Interpreting Information was not communicated.
In the event that defective Interpreting causes damage to the Customer, the liability of Profipřekladatel is limited up to the amount of the price of the Interpreting.
For Interpreting claims not regulated by this article, the T&C for Translations shall apply analogously.

Withdrawal from the Interpreting Contract

The Customer is entitled to withdraw from the Interpreting contract.
Withdrawal from the contract must be made in writing.
In the event of withdrawal from the contract within a period of:
- a) More than 48 hours before the planned Interpreting, the Customer is obliged to pay 25% of the Interpreting price;
- b) Less than 48 hours but more than 24 hours, the Customer is obliged to pay 50% of the Interpreting price;
- c) Less than 24 hours, but not on the same day as the Interpreting, the Customer is obliged to pay 80% of the Interpreting price;
- d) On the day of Interpreting, 100% of the Interpreting price.
In the event of withdrawal pursuant to paragraph 22 of this article, an invoice for Interpreting will be issued to the Customer under the same regime in which it would be issued if the Interpreting had taken place; if the interpreter incurred any costs with preparation for the Interpreting, these will be charged to the Customer in full.

ARTICLE VI

PROOFREADING

All provisions of the T&C for Translations shall apply analogously to Proofreading.

ARTICLE VII

PAYMENT TERMS

Basis for Payments

For all payments of the price for performed services, a tax document (invoice) shall be used as the basis.

Due Date

Unless specified otherwise, the due date is 14 days from the issuance of the tax document.

Contractual Penalty

In the event of default by the Customer with the payment of the tax document, the Customer is obliged to pay a contractual penalty in the amount of 0.1% of the outstanding amount for each day of delay.

ARTICLE IV

DISPUTE RESOLUTION

All available out-of-court means shall be used to resolve disputes arising from the contractual relationship between Profipřekladatel and the Customer.
In the first place, the Customer undertakes to tolerate, for the time strictly necessary, the assessment of any service by an independent translator or interpreter. In the event that the Customer is not satisfied with the quality assessment of the service by an independent translator or interpreter, they shall jointly turn to a certified court translator appointed by a Municipal or Regional Court. In the event that the Customer is not satisfied with the quality assessment of the service by a certified court translator appointed by a Municipal or Regional Court, they may turn to an out-of-court settlement via the Czech Trade Inspection Authority (ČOI), or to the court of general jurisdiction with subject-matter and territorial competence at the registered office of Profipřekladatel.

ARTICLE V

PROHIBITION OF CONTACTING TRANSLATORS, PROOFREADERS, OR INTERPRETERS

The Customer undertakes that, without the prior written consent of Profipřekladatel, they will not contact any translator, interpreter, or proofreader whose contact details they obtained from Profipřekladatel in connection with a service performed through the aforementioned.
In the event that an arrangement is made between the Customer and a translator, interpreter, or proofreader without the consent of Profipřekladatel, the Customer is obliged to pay a contractual penalty in the amount of CZK 10,000 for each order they have compiled by such a translator, interpreter, or proofreader.

ARTICLE V

PERSONAL DATA PROTECTION POLICY

Profipřekladatel declares that all personal data processed by Profipřekladatel is strictly confidential. Profipřekladatel handles it in accordance with national legal regulations as well as European Union regulations applicable in the field of personal 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 24 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 the "GDPR"). The individual purposes for which Profipřekladatel processes data are further defined below.
Profipřekladatel issues this statement primarily for the purpose of sufficiently informing Customers as natural persons regarding the purpose, type of data, duration of processing, and who will have access to this data.

Processed Data

Profipřekladatel is entitled to process only personal data from the category of address and identification data, which includes in particular first name, surname, telephone contact, email contact, residential address, or registered office address, etc.
Profipřekladatel processes data for the period strictly necessary to ensure all rights and obligations arising from mutual legal transactions, at a minimum for the duration of processing the order, and further for the period for which Profipřekladatel is obliged to retain personal data according to generally binding legal regulations, or for the period for which you have granted consent to Profipřekladatel.
Profipřekladatel further retains your personal data primarily on the basis of a legitimate interest, which means, for example, effective defense in the event of a dispute; the processing period in such a case is 4 years from the expiry of the order delivery, and this period is extended by the duration for which any potential dispute is conducted. Profipřekladatel wishes to constantly provide higher quality services to its Customers and potentially offer new and better services, and wishes to prevent the frustration of such activities, such as preventing fraudulent orders, etc. Furthermore, Profipřekladatel wishes to fulfill other legal obligations, which include, for example, providing information to law enforcement authorities and other public authorities that may have a legitimate interest in obtaining information that Profipřekladatel became aware of within its business activity.
Personal data is processed by Profipřekladatel both manually and automatically. Profipřekladatel is entitled to process certain information automatically, for example, to create statistical information about orders that have already taken place.
Profipřekladatel stores personal data on the basis of the consent provided by the Customer in their order that was executed. In the event that such an order was not executed, Profipřekladatel shall immediately remove the personal data from its records.
Profipřekladatel will never transfer the Customer's personal data to a third party.
The Customer also has the right to request the erasure of their personal data.
The Customer also has the right to request the restriction of processing of their personal data.
In the event that the Customer has doubts about how their personal data is handled, they may file a complaint with the Office for Personal Data Protection (ÚOOÚ).

ARTICLE V

PROVISIONS REGARDING THE T&C

These T&C are valid and effective from December 1, 2018.
Profipřekladatel reserves the right to amend these T&C. The new wording of the T&C must be posted on the website <-block _nghost-ng-c654975101="" class="ng-star-inserted">http://www.profiprekladatel.cz; the old wording of the T&C will be archived.
In the event that any provision of these T&C is found to be invalid, the remaining provisions remain valid and effective. For any potential dispute, both Profipřekladatel and the Customer undertake to replace the invalid provisions with new valid arrangements whose content is as close as possible to the original meaning. Until the invalid provisions are replaced by valid legal arrangements, the provisions of the law closest in content to the actual will of the parties, as expressed in these T&C, shall apply between Profipřekladatel and the Customer.

OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. (IČ): 000 20 869, internet address: <-block _nghost-ng-c654975101="" class="ng-star-inserted">https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract/service contract. The online dispute resolution platform located at the internet address <-block _nghost-ng-c654975101="" class="ng-star-inserted">http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a contract.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: <-block _nghost-ng-c654975101="" class="ng-star-inserted">http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.