1. General provisions
1.1. Public Agreement about texts/documents translation services (hereinafter - Agreement) shall be considered as a regulatory document of physical entity-entrepreneur Volodymyr Nemontov ("ProLingvoLab" Translating Company) acting pursuant to the Certificate of state registration (hereinafter - Contractor) and a client (hereinafter - Customer), hereinafter collectively referred to as the Parties, and individually - the Party, which sets out rights, obligations, and principles of cooperation between the Parties.
1.2. Contractual arrangements between the Customer and the Contractor are made with a written order, including an electronic order by means of filling out the on-line Order Form on the website www.prolingvolab.com
or sending an e-mail at firstname.lastname@example.org
. 2. Subject of the Agreement
Subject of the Agreement is the provision of written translation texts/document services (hereinafter - Order) in accordance with the provisions established in the Agreement. 3. Rights and Obligations of the Parties
3.1. The Contractor undertakes to fulfil the Order in the necessary language within the deadline and shall deliver it to the Customer via e-mail or other method as previously agreed in accordance with the Terms herein.
3.2. After receiving on-line Order Form the Customer in accordance with the Clause 1.2 of the Agreement, the Contractor sends e-mail to the Customer with specified Order deadline and its price.
3.3. Upon the request of services, the Customer shall inform the Contractor on:
3.3.1 any specific stylistic characteristics related to the Order, for example, final use of the Order, identifying whether the Order is going to be printed, used for promotional and/or PR purposes, published on the internet, requests regarding the layout of the text, text format, etc.
3.3.2 and shall submit to the Contractor all documents and information necessary to provide adequate and precise completion of the Order, for instance, specific terminology, key to abbreviations used in the original language, or by submitting other materials to the Contractor, or appoint a person that shall be responsible for the consultations on the document to be translated, its characteristics, nuances, etc.
3.4. Should the Customer fail to meet Clauses 3.3.1 and 3.3.2 of the Agreement, the Contractor shall not guarantee the compliance of the translation to any requests made by the Customer (i.e. subjective choice of terminology, text interpretation) or the final use of the Order, and shall not be responsible for deficiencies, inaccuracies, faults, and the arising complaints shall not be reviewed.
3.5. Delivering of the accomplished works via e-mail by the Contractor to the Customer is a fact of provision of services.
3.6. The Contractor shall be obliged to deliver, and the Customer shall be obliged to confirm the acceptance of the Order by sending e-mail to email@example.com, acknowledging that it was received in time.
3.7. Should the Customer fail to fulfil the obligation established by Clause 3.6 of the Agreement without any notification about the Order by e-mail within 24 (twenty-four) hours after receiving the Order, the Contractor shall presume that the Customer has duly received the Order and has no objections regarding deadlines and the arrangement. In this case the Customer shall not be entitled to raise any objections regarding the Order received.
3.8. The deadline shall not be considered as missed if the Contractor repeatedly - after the notification of the Customer - sends the Order and proves that it was already sent within the term and in line with arrangements established in the Order Form.
3.9. Should the Contractor fail to meet the deadline of the Order without a justifiable reason, the Parties shall agree upon a discount in the amount of 5 % (five) of the Order price for every delayed business day.
3.10. If no claims are received on behalf of the Customer within 5 (five) business days after the delivery of the Order to the Customer, and the Customer refuses to accept a duly fulfilled Order without a justifiable reason agreed by both Parties, the delivered Order shall be considered as fulfilled and the arising complaints shall not be reviewed.
3.11. The Contractor shall not disclose any information related to the subject of the Order, and shall keep all records regarding materials received from the Customer, especially confidential information.
3.12. The Contractor shall hold copyrights on accomplished works. 4. Price for the translation services
4.1. Contractor's price for the services is based on the price list for the services of language translation at the web address www.prolingvolab.com/translation.html
. Price is specified in US dollars (USD) for one word or one standard document.
4.2. The Contractor is entitled to give a discount to the whole Order. The amount of a discount depends on the total volume of the Order.
4.3. Depending on the complexity of the Order (text), the Contractor is entitled to apply an extra charge in the amount of up to 30%.
4.4. Depending on the urgency of the Order, the Contractor is entitled to apply an extra charge in the amount of from 20 up to 100%.
4.5. Once the Customer has made 100% payment the Contractor shall begin the translation. 5. Claims
5.1. The Order shall be deemed as non-conforming if it has failed to comply with provisions established by the Order Form, or has lack of adequate grammar, stylistics, and semantics.
5.2. If such non-conformities, described in Clause 5.1 of the Agreement, are not identified, it shall be deemed that the Order is duly fulfilled in accordance with the requests of the Customer.
5.3. Claims shall be submitted in writing (including via e-mail). Claims shall be justified, identifying the type of non-conformity and, if possible, the number of them.
5.4. Claims regarding non-conforming services shall be submitted promptly, but no later than within 5 (five) business days from the receipt of Contractor's services, after identifying the non-conformity. Otherwise, claims shall not be reviewed.
5.5. Should the Contractor recognize the claim of the Customer as justified, the Contractor shall provide the necessary revision of the completed Order at one's own expense. In this case, the Customer shall be entitled to receive a discount up to 10% of the price of the Order.
5.6. In case of a dispute between the Parties over a claim of the Customer submitted within the term, both Parties shall settle the dispute in line with the out-of-court procedure with the help of a competent and independent expert's opinion. The expert shall be selected from the list of sworn translators at the particular notary and agreed by both Parties. The amount of the discount shall be based on the expert's opinion or mutually agreed by the Parties. 6. Responsibility of the Parties
6.1. The Parties shall not be liable for non-fulfilment of the liabilities of the agreement, if such non-fulfilment is due to force-majeure or unforeseen circumstances which the affected Party (or both Parties) could not foresee, prevent and affect, and for which the Parties shall not be responsible.
6.2. If the text of the translation is going to be printed, or in any other way published or distributed, the Customer shall be obliged to inform the Contractor about it. In case the Customer has failed to note to the Contractor that the translation is planned to be printed, the Customer has no rights to make a claim and request a compensation of losses due to defects discovered in the Order.
6.3. When using means of communication by the Parties, the Contractor shall not be responsible for losses incurred by harmful interference in post-office services, electronic or other means of communication, or technical devices which provide the particular services for the Contractor.
6.4. The Contractor shall not be responsible for delays in delivery of the Order, disappearance of mails, transmission errors or distortions due to lack or a breakdown of communication equipment (including computer viruses), differences between time zones, interruptions in electricity supply in the region of the Customer, or due to any other circumstances outside the Contractor's will and control.
6.5. In all cases the responsibility of the Contractor shall not exceed the amount of money paid by the Customer to the Contractor within the framework of the particular Order. 7. Final Provisions
7.1. All disputes, disagreements or claims arising from the Contract concluded by the Parties and related to its breach, termination or invalidity, the Parties shall settle in line with the Terms and Conditions hereof by means of negotiations. Should the Parties fail to do so, all disputes shall be solved in accordance with the regulatory enactments of Ukraine.
7.2. The Terms of the Agreement shall be binding for the Parties.
7.3. Pursuant to the Law of Ukraine "On Personal Data Protection", which regulates the legal relations related to the protection and processing of personal data, and aims to protect the fundamental rights and freedoms of man and citizen, the Customer agrees and permits the Contractor to process personal data of the Customer. The purpose of the processing of personal data of the Customer is to ensure the implementation of relations in the sphere of services pursuant to the Agreement.
7.4. The Contractor shall draw up and determine cooperation provisions stated in the Agreement. If the Terms and Conditions are amended during the particular Order, the Parties shall observe the Terms and Conditions effective upon the moment of making payment for the Order.
7.5. The Customer shall be entitled to become acquainted with the Terms and Conditions of the Agreement published on the Contractor's website www.prolingvolab.com at any time.
7.6. Regarding other issues not covered by the Agreement, the Parties shall act in accordance with the regulatory enactments of Ukraine.
Requisites of the Contractor ("ProLingvoLab" Translating Company):
Physical entity - entrepreneur Volodymyr Nemontov
Address: 23 Serpnia Prov. 8, Apt. 6, Kharkiv, 61103, Ukraine
Account: 26003419317 in Raiffeisen Bank Aval
MFO (sort code): 380805
Tax status: taxpayer on a regular basis