Terms of Service
TERMS & CONDITIONS
I. Establishment of Contractual Relationship
1. These Terms and Conditions apply to contractual relationships in which Michaela Cocca - MAMATranslations (hereinafter the “Provider”) provide its services to the customer (hereinafter the “Customer”).
2. The Provider is a natural person registered in the Trades Register, whose business consists of translation and interpretation services.
3. As part of its business, the Provider executes for the Customer translation services and related language services specified in a contract between the Provider and the Customer.
II. Fundamental Provisions
1. Under the provisions of Sec. 1751 of Act No. 89/2012 Sb., the Civil Code, these Terms and Conditions are an integral part of the Contract on the provision of translation services and related language services concluded between the Customer and the Provider (hereinafter the “Contract”). The stipulations of the Contract shall prevail in the event of any discrepancy between the Terms and Conditions and the Contract.
2. The Contract between the Customer and the Provider is concluded:
2.1. When a written Contract is signed by both parties;
2.2. When the Provider submits a written offer (hereinafter the "Offer"), and the Customer accepts it in writing (hereinafter the "Acceptance of the Offer"); or
2.3. when the Customer submits a written order (hereinafter the "Order"), and the Provider confirms it in writing (hereinafter the “Confirmation of the Order”).
3. Any document pursuant to Art. 2(b) and 2(c) shall also be considered delivered when delivered by fax, e-mail, or similar electronic form of communication.
4. The Contract concluded as described in Art. 2(b) and 2(c) shall be considered concluded if both parties express in writing their agreement with all relevant details of the Contract, i.e. mainly with the content and the scope of the service, and with the deadline.
5. If the Contract does not contain any stipulation as to the price of the service, the price list, which is an integral part of this Contract, shall apply (hereinafter the “Price List”).
III. Provisions of Translation Services and Related Language Services
1. The Provider shall complete the Order according to the Customer’s specifications.
1.1. The completion of a translation shall mean a written translation of a text submitted by the Customer into a language and in the scope agreed upon by the parties pursuant to Section II, and by the agreed deadline.
1.2.The completion of related language services shall mean proofreading, which shall mean language, stylistic, and pre-press proofreading/editing of a text submitted by the Customer into a language and in the scope agreed upon by the parties pursuant to Section II, and by the agreed deadline.
2. Unless the parties agree otherwise, the provision of the service shall be considered complete when the translation is e-mailed to the address specified by the Customer in the Contract.
3. If within 24 hours of the agreed deadline, the Customer does not notify the Provider that it has not received the deliverable (the translated text), it shall be assumed that the deliverable has been delivered in a due manner and on time.
4. The deliverable shall also be considered submitted in a due manner and on time when the Provider, after being prompted by the Customer, delivers the text again and proves that it had been delivered by the agreed deadline.
5. If the parties agree on the delivery of a sworn translation, the deadline shall run from the moment of delivery of the original or a certified copy to the Provider.
6. The job pursuant to Art. 5 shall be deemed complete when the translated document and the sworn translation are physically delivered to the premises of the Customer or an address the Customer specified.
7. If the Customer declines to accept the job, the deliverable is considered delivered when it has been handed over to the mail service or courier service
IV. Rights and Responsibilities of the Parties
1. The Provider shall ensure the execution of the job with due professional care and, if applicable, in line with the expected use as specified by the Customer.
2. If the subject matter of the Contract contains technical and other special terms, abbreviations, etc. for which the customer requests a translation in accordance with the terminology used by the Customer, the Customer shall provide the Provider with a list of the relevant terminology used in the language combination or other relevant material, or specify in the Order a responsible person, who will be available to the translator for any consultation. If the Customer fails to do so, later complaints about the terminology used will not be taken into account.
3. If the Customer does not inform the Provider of the purpose for which the deliverable will be used, it shall be deemed that the purpose is not relevant to the deliverable, and any potential discrepancy in the execution of the deliverable and its purpose shall not constitute a flawed execution.
4. When the translator chooses as he or she sees fit one of several expressions and/or phrases that have the same meaning, this choice shall not constitute a flawed execution. This shall not apply if the Customer when concluding the Contract, specifies expressions, abbreviations, phrases, etc. that are to be used, provided that their meaning does not conflict with the content of the translated text or interpreted speech.
5. The Provider shall not be in default concerning the execution of its obligation as long as the Customer is in default concerning the payment for services provided in the past. In such a case, the deadline for the service shall start running as of the moment the Customer settles the due claims of the Provider.
6. The Customer shall inform the Provider about all facts relevant to the provision of the service without unnecessary delay.
7. The Provider shall not be liable for potential legal and other consequences connected to the violation of copyrights that takes place when the job ordered by the Customer is executed.
8. The Provider shall keep confidential all data it becomes aware of in connection with the provision of services from the documents that are subject to the service performance.
V. Flawed Execution and Claims
1. The execution shall be deemed flawed if it was not executed pursuant to the Contract, in particular, if it does not correspond to the purpose of which the Provider was informed, and if it was not executed with the stylistic, semantic or grammar quality adequate for the content and the character of the translated text and interpreted speech.
2. The Customer shall notify any flaws or failings to the Provider and make the respective claims in writing (by sending an e-mail). The written complaint must state the reason and describe the nature of the flaws. The Customer shall underline or otherwise mark the flaws in the document.
3. If the Provider acknowledges the flaws or failings, it shall grant the Customer an adequate discount or, in the case of translation, correct or complete the text, depending on what the parties negotiate. If the Provider removes all flaws within the period agreed upon in the complaint with the Customer, the Customer shall not be entitled to a penalty.
4. If the parties do not agree on the amount of the discount or on how to resolve the claim, they will abide by the expert opinion of an independent arbitrator appointed upon mutual agreement of the parties and chosen from the list of sworn translators and interpreters registered with the relevant court.
5. The costs of the expert opinion issued by the independent arbitrator pursuant to Art. 3 of this Section shall be covered by the Provider and by the Customer in an advance payment with each party paying 50%. The final allocation of the costs to the parties shall be determined according to the opinion of the arbitrator on the validity of the claim.
6. The discount on the acknowledged defects shall be determined by the mutual agreement of the parties. If the parties fail to reach an agreement, the discount will be determined by the expert opinion of an independent arbitrator appointed upon mutual agreement of the parties and chosen from the list of sworn translators and interpreters registered with the relevant court.
7. The Customer shall notify the Provider of any flawed execution no later than 15 days after the performance. Any flaws or failing notified after this period shall be disregarded.
8. The Provider shall be liable for flaws or failings up to the total price of the job.
VI. Price
1. The price calculation of the Order is based on the valid Price List of the Provider and the method of price calculation.
2. The price of the Order shall be calculated based on the number of words in the source text. If the text is sent in a format from which the price cannot be determined, the preliminary price of the Order is calculated. The final price for such a document shall then be calculated based on the number of words in the target language.
3. Before concluding the Contract, the Provider shall submit to the Customer a preliminary price calculation of the Order.
4. The Provider is entitled to provide the Customer with an individual discount or other advantages at its sole discretion. The actual amount of the discount is usually confirmed in partial offers prepared for the Customer by the Provider. All discounts shall be agreed between the Provider and the Customer in writing.
5. The prices quoted in the Offer are final as the Provides is not a VAT payer.
6. The Provider shall be entitled to unilaterally amend the Price List as long as it informs the Customer in writing (or by e-mail or fax) no later than 5 business days before the new Price List comes into effect.
VII. Terms of Payment
1. After the provision of the service, the Provider shall issue a tax document (invoice) for the job, which will be due on the date stated on this document. The Customer shall pay the invoice on time. If the Customer is in default for the payment of the invoice, a penalty of 0.05% of the amount due shall accrue for every day of the default. This does not prejudice the right to seek damages.
2. The Provider shall be entitled to include several services for the same Customer in one tax document, in particular in the case of a high frequency of jobs, which may then be billed monthly.
3. In the case of larger Orders or for other substantial reasons, the Provider is entitled to issue an advance invoice to the Customer, which shall be due on the date stated on the invoice.
VIII. Cancellation of a Job
1. The Customer shall be entitled to cancel the job if the service has not yet been provided. The Customer shall notify the Provider of the cancellation of the job in writing.
2. In the event of job cancellation, the Customer shall pay the Provider a cancellation fee corresponding to the completed part of the job, i.e. fee corresponding to translations, proofreading and editing, corrections, transcriptions, and/or graphic layouts.
IX. Final Provisions
1. These Terms and Conditions become binding for the contractual parties when a Contract, of which they are an integral part, is concluded.
2. The rights and obligations not expressly regulated in these Terms and Conditions shall be governed by the applicable provisions of Act No. 89/2012 Sb., the Civil Code, and other applicable legal regulations.
3. The Contracting Parties agree that the Terms and Conditions may be unilaterally changed or amended by the Provider. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions. The current version of the valid and effective Terms and Conditions is available on the Provider’s website. Any changes or amendments to the Terms and Conditions shall become effective on the date they are issued and published on the Provider’s website.
4. The Customer shall be informed of any change and/or amendments of the Terms and Conditions in any of the appropriate ways, in particular:
4.1. Publication on the Provider’s website, www.mamatranslations.eu;
4.2. Announcing the publication of the new version of the Terms and Conditions to the customer’s e-mail address;
4.3. Sending a new version of the Terms and Conditions to the customer’s e-mail address;
4.4. Sending the new version of the Terms and Conditions in paper form to the correspondence address of the Customer; the choice of the method of notification is the responsibility of the Provider.
5. The Customer has the right to refuse the change or amendment to these Terms and Conditions, if such a change and/or amendment affects the already concluded Contract and to terminate the Contract by written notice by the date of entry into force of the changed and/or amended Terms and Conditions if informed about the change or amendment at least 14 days before such changes and/or amendments to the Terms and Conditions become effective, or within 14 days from the notification on the change or amendment, if the Customer was informed of the change or amendment to the Terms and Conditions within a shorter period or after the change and/or amendment of the Terms and Conditions came into effect. If the customer does not exercise this right within the specified period, the content of the changed or supplemented Terms and Conditions shall be considered as agreed by the Customer.
6. If any provision of these Terms and Conditions is or becomes invalid, unenforceable, or contestable, such invalidity, unenforceability, or contestability shall not result in the invalidity, unenforceability, or contestability of the remaining provisions of the Terms and Conditions.
7. The Contracting Parties exclude the application of the provisions of Sec. 557 of Act No. 89/2012 Sb., the Civil Code.
8. The text of these Terms and Conditions shall be binding for the Contracting Parties.
9. These Terms and Conditions shall come into force and effect on June 1, 2019.
PERSONAL DATA PROTECTION
I. Introductory Provisions
1. These Rules on personal data protection (hereinafter “Rules”) have been adopted by Michaela Cocca – MAMATranslations with registered office at Zahradní 245, Klášterec nad Ohří, 431 51, Czech Republic, Company registration no.: 86947265, VAT: CZ8459222783 (hereinafter the “Provider”).
2. These rules regulate the principles of processing the personal data of (i) persons who request or order translation and related language services, or the representatives of these persons (hereinafter the "customers"), and (ii) users of the website at www.mamatranslations.eu (hereinafter the "users" and the "website").
3. When processing personal data, the Provider acts as the controller and thus determines the purpose for which and means by which personal data will be processed.
II. Scope of Processed Data
1. These rules apply exclusively to handling the personal data of natural persons.
2. Data concerning the customer. The Provider processes personal data that the customer provides in their order. Personal data may pertain directly to the customer or third parties. Furthermore, the Provider processes personal data which the customer provides during the term of the contract concluded with the Provider. This data refers, in particular, to the customer’s name, surname, telephone number and e-mail address, or other contact details.
3. Data concerning children. Only a person 15 years of age or older can order goods and conclude a contract with the Provider. In case of a contract concluded on behalf of a younger person, consent pursuant to these Rules must be approved by the legal guardian.
4. Given the amount of personal data obtained from the customer, the Provider cannot control its origin. If the customer provides personal data about third parties, including its own employees, or if this data is contained in documents received in relation to translations or interpreting, the customer is only authorized to provide this data upon fulfillment of the conditions stipulated by applicable legal regulations, including obtaining consent to process personal data, if applicable. The customer is also obliged to ensure the currency of such data and to inform the Provider immediately of any changes concerning personal data, which are relevant to its processing.
III. Purpose of Processing Personal Data
1. Handling the order – fulfillment of the contract concluded between the Provider and customer. In this case, the Provider mainly uses personal data to the extent of the customer’s name and surname, address, e-mail address, telephone number, and invoicing data. Personal data is thus used to ensure translations and related language services. Furthermore, personal data is processed to invoice or handle complaints from the customer. Processing the given personal data for the said purpose is therefore necessary.
2. The Provider only performs further processing of personal data beyond the stipulated deadline if necessary for its legitimate interests or to fulfill the obligations arising from legal regulations by which the Provider is bound.
IV. Persons with Access to Personal Data
1. Personal data is firstly processed by the Provider and its employees. All persons who have access to personal data on the part of the Provider are bound by a duty of nondisclosure; this obligation remains in effect even after the termination of their employment or other relationship with the Provider.
2. The Provider is authorized to entrust the processing of personal data to other parties, called processors. A processor refers to any entity that processes personal data for the controller based exclusively on its instructions. A processor cannot expand the purpose and scope of processing personal data stipulated by the Provider. All processors are bound by a nondisclosure and to fulfill the obligations arising from applicable legal regulations when processing personal data. Processors include, in particular:
A. External translators, reviewers, or other persons who participate in performing the services offered by the Provider;
B. Providers of certain information systems and other software used by the Provider; or
C. Providers or couriers and transport services.
V. Period of Data Processing
1. To handle the order and for the performance of the contract, personal data is processed for the term of the contract and a subsequent period of 10 years after its termination. The 10-year period commences on the termination of service provision or complete settlement of mutual rights and obligations, depending on which occurs later. The said period is stipulated with regard to the potential submission of any claim arising from or related to the concluded contract.
2. The liquidation of system backups in which personal data may be stored after the expiry of stipulated deadlines is set at maximally 31 days, after which the personal data therein will also be erased.
3. The Provider only performs further processing of personal data beyond the above deadlines if necessary to fulfill its obligations or to exercise rights arising from legal regulations that apply to the Provider
VI. Rights Related to Personal Data Processing
1. In connection to personal data processing, the customer or any third party whose personal data is affected has the right to request the Provider for:
a. Information about the personal data that the Provider processes, and the purpose and nature of processing personal data, including information about the potential recipients of personal data apart from the Provider.
b. Access to the data which the Provider has at its disposal. If this right is exercised, the Provider will confirm whether and what specific personal data is processed and potentially make this data available with information about its processing.
c. Correction of personal data if it is in any way inaccurate or incomplete. The Provider can only handle your order correctly, and communicate with you if the data is up to date.
d. Explanation and elimination of deficiencies (e.g. blocking, correction, completion or liquidation of personal data), if you believe the Provider has processed personal data in breach of the protection of your privacy and private life or contrary to legal regulations.
e. Erasure of personal data (right to be forgotten) or restriction of processing, if these are necessary for the said purposes or if the Provider no longer has legal grounds on which to process personal data, including cases when you do not consent to further processing. Within the framework of fulfilling the said conditions, the Provider will entirely or partly erase your data, and justify why it was not erased completely, if applicable.
f. Portability of automatically processed personal data obtained based on your consent or in connection with the performance of the contract from the Provider to another entity, where the Provider will transfer your personal data in the commonly used format to you or another controller based on your instructions.
f.i. In connection to the application of rights when processing personal data, information about the required action may be recorded using a log, e.g. the change or erasure of personal data. The Provider stores this log based on its legitimate interest for a period of 5 years from taking the respective action, to prove that it was carried out based on your request.
f.ii. In addition to the rights mentioned above, you always have the option to address a complaint to the Office for Personal Data Protection if you suspect a breach of obligations during personal data processing
VII. Security
1. The Provider handles personal data in full accord with valid legal regulations, including the General Data Protection Regulation (GDPR). When processing personal data, the Provider places considerable emphasis on the technical and organizational security of processed data.
2. All personal data in electronic form is stored in databases and systems, which can only be accessed by the persons who need to handle personal data directly for the purposes specified in these Rules, and only to the extent absolutely necessary. Access to this data is protected by adequate means. Personal data security is regularly tested, and protection is continuously improved.
CONTACT. You may contact the Provider with any comments regarding personal data processing or to exercise your rights by e -mail at info@mamatranslations.eu
EFFECTIVENESS. These Rules become valid and effective on June 6, 2019
PROTECTION OF CONFIDENTIAL INFORMATION
1. The Provider shall keep confidential all confidential Information to which the it gains access in connection with the execution of this Contract or with the preparation thereof.
2. Confidential Information for the purposes of this Contract shall include:
a. All information the Provider becomes aware of in connection with the execution of jobs for the Customer or the preparation thereof, even if the execution does not take place, be it:
a.i. From source texts, instructions, glossaries, translation memories, mutual written, electronic or oral communication, etc.;
a.ii. From the results of contractual cooperation, e.g. from translation, translation memories, proofreading, editing, etc.;
b. Facts related to the Customer’s clients, employees, and suppliers, their activities and relationship with the Customer;
c. Facts constituting a trade secret related to the Customer’s business;
d. Other information and facts that the Customer wants to protect as confidential and marks them as such, or when it is obvious that these are treated as confidential.
3. Information is not considered confidential if:
a. It was generally known or available before the communication;
b. The Customer published it (submission of confidential information by the Customer to the Provider shall not be considered publication);
c. The circumstances of its publication make it obvious that it shall not be considered confidential;
d. The Provider obtained it from a third party as long as the third party did not obtain it illegally and/or in a way conflicting with good practice and/or due to a violation of confidentiality agreed upon in a contract with the party to which the information applies.
Rights and Responsibilities
1. The Provider shall only use the confidential information obtained from the Customer for the execution of jobs for the Customer or for the preparation thereof.
2. The Provider shall not share the confidential information with a third party without the prior written approval of the Customer, with the exception of cases detailed in points 3) and 4) below.
3. The Provider shall be entitled to share confidential information only with its employees and cooperating suppliers bound by confidentiality and shall be fully liable for compliance with this confidentiality on their part to the extent to which it itself is bound to comply with it.
4. The Provider is entitled to share confidential information obtained from the Customer with a third party based on the legislation, court decision, or decree issued by another public administration body. In such case, the Provider will deliver to the Customer beforehand a written notification specifying the confidential information to be shared and a copy of the request issued by the public administration body.
5. The Provider shall adopt adequate technical and organization measures for effective protection of confidential information, mainly from loss, theft, unauthorized access, use, publication, or other forms of distribution.
6. In the event of unauthorized use of the confidential information, the Provider shall notify the Customer in writing immediately upon ascertaining such unauthorized use. The Provider shall also adopt measures to prevent other cases of unauthorized use of confidential information.
7. Throughout the validity of this Contract, the Customer shall be entitled to request that the Provider destroy all data containing confidential information.
8. The Provider shall comply with the request pursuant to Art. 7) no later than five days after its delivery. The Provider shall prepare a written protocol on the destruction of the data and deliver it to the Customer without unnecessary delay.
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