Berlineo

§2 Provision of translation or website localisation services

1. When sending a text for translation and completing the order form , the Client should specify any additional information concerning the purpose of the translation, the intended recipients of the translation and the manner of its use in order to provide BERLINEO with a complete set of data to enable the translation to be adapted to theClient's requirements. Otherwise, the translation will be carried out in accordance with the good practices of the translation industry. The Client places an order in person or by e-mail, confirming online BERLINEO’s offer, which is tantamount to the conclusion of a contract. Regardless, BERLINEO shall be entitled to withdraw from the contract due to one or more of the reasons for rejection described in paragraph 6, and in the event of said withdrawal all claims for damages of the Client are excluded, to which the Client hereby expressly agrees.
2. The online order confirmation by the Client described in the preceding paragraph is understood as: 
   • a. making online payment via the available online payment systems after confirming that they have read these General Terms and Conditions for the provision of translation services in the case ofnew Clients or in the case ofunverified Clients .
3. Until the order has been confirmed or payment has been made by the Client, BERLINEO offers made by e-mail or in the traditional way are always noncommittal and non-binding.
4. In certain cases BERLINEO may make the conclusion of a contract and the execution of an order on the basis of an offer presented conditional on obtaining from the Client’s written authorisation to represent the legal entity, full or partial prepayment, also in the case of regular Clients and verified Clients
5. If the contract is concluded by e-mail or in person, BERLINEO undertakes to translate the editable text contained in the document sent by the Client into the designated target language in a professional manner and in accordance with the art of translation. Translations are carried out, depending on the meaning and nature of the original text, either literally or in a way that conveys the meaning and is in line with the cultural requirements of the language area. The inclusion in the translation of specific vocabulary introduced and used by the Client is possible after prior agreement with BERLINEO and only on the basis of provided reference materials, such as previous translations with the corresponding original texts, vocabulary lists, glossaries, which will be made available to BERLINEO by the Client upon order placement. Otherwise, professional and specialised terminology will be translated in accordance with generally accepted quality criteria and translation standards. Unless otherwise expressly stated, non-editable items with content are outside the scope of the order.
6. Delivery of the finished translation is made in one of the following ways:
   • a. The Client will receive an email containing a file with the finished translation as an attachment,
   • b. in the case of certified translations, their delivery is carried out at the Client' s expense via post, courier service or city courier service and in special cases the Client collects the translation in one of the BERLINEO offices ,
   • c. as otherwise agreed in advance between the Parties.
7. BERLINEO enables its Clients to also place orders in the traditional way. The Client can send a request for a price quote containing a document with the text to be translated to one of the e-mail addresses provided on the BERLINEO websites indicating the target language. In response to the request, BERLINEO will provide the Client with a price quote. If the order is confirmed by the Client, BERLINEO proceeds with the execution of the order.
8. If the file with the finished translation is downloaded from a postal programme and saved on the Client's hard disk or other data carrier, the Client shall be responsible for the security and correctness of the saving of the file and shall release BERLINEO from any liability for incorrectly saved files. In the event of any other pre-arranged form of delivery of the translation file or the certified translation, e.g. by courier service, BERLINEO shall not be liable for the actions and manner of delivery carried out by third parties. BERLINEO shall, however, use its best endeavours to adequately protect the documents containing the certified translation and/or the original documents of the Client forwarded to BERLINEO for the duration of the transport. .
9. In the event that the Client identifies obvious defects in the delivered work the Client shall immediately upon receipt inform BERLINEO in writing of the defects found with their indication. In the event of latent defects the Client is obliged to report them to BERLINEO immediately upon discovery. The period within which the Client may report defects to BERLINEO is provided by the relevant provisions of the Polish Civil Code.
10. If the translation has deficiencies or it deviates from the contractual arrangements, the Client shall set at least a 14-day deadline for corrections in the work. BERLINEO is exempted from correcting the work in the event that the Client is responsible for deficiencies or discrepancies, e.g. as a result of providing incorrect or incomplete supplementary information or sending incorrect source texts. BERLINEO shall also be exempted from making corrections to the work if the defect is the result of the work being carried out according to the instructions of the Client, which BERLINEO has questioned giving full reasons and has warned the Client of the foreseen consequences of their application. After the expiry of the deadline for corrections, the Client may withdraw from the contract or demand a price reduction, if BERLINEO has not complied with the timely correction of the deficiencies. The aforementioned claims are excluded in the event that the deficiencies and/or discrepancies only slightly reduce the value and usefulness of the work.
11. The Client may withdraw from the agreement at any time before the completion of the translation ordered. If the Client withdraws from the agreement in the scope of an assignment which has already been handed over to the translator or another subcontractor, a cancellation fee of 50.00 PLN net (in words: fifty PLN, 00/100 cents) will be charged. If work on the translation has started, in addition to the above-mentioned cancellation fee, the cost for the work done so far (in proportion to the degree of advancement of the translation work) will be charged, and the Client will receive that part of the work which has been done until the moment of withdrawal from the contract.
12. All materials and documents which the Client has shared with BERLINEO for the purpose of the order in question will be returned to the Client immediately upon completion of the order. The materials in electronic form which BERLINEO received for the proper execution of the work, together with the files containing the original text and the translation, are stored by BERLINEO and will only be removed upon the express written request of the Client.

§3 Provision of interpreting services, conference services and rental of conference equipment

1. BERLINEO provides interpreting services, including consecutive and simultaneous interpreting, as well as conference services and conference equipment rental. All quotations are made in the traditional manner on the basis of a request for quotation from the Client and on the basis of information such as: date and place of service, language combination, duration of service, number of interpreters and additionally, in the case of conference services and conference equipment rental, the amount of interpreting booths, the amount and type of sound equipment, number of participants, etc.
2. Offers for the services described in paragraph 1 are always prepared individually and are always time-limited according to the information contained in the offer.
3. The Client may withdraw from the contract for interpreting, conference equipment rental or conference services before the start of the service. In the event of withdrawal from the contract, theClient will be charged with the costs of preparation of the interpreters for the execution of the assignment as well as any cancellation costs for the booking of the conference room, the booking of hotel rooms and conference equipment in the amount of:
   • a. 25% of the value of the service in case of cancellation two weeks before the scheduled start of the service,
   • b. 50% of the value of the service in case of cancellation seven days before the scheduled start of the service,
   • c. 80% of the value of the service in case of cancellation less than seven days before the scheduled start of the service,
   • d. 90% of the value of the service in case of cancellation on the scheduled start date,
4. In the event of a change in the date of the service, the Client shall bear the cancellation costs for the booking of the conference room, the booking of hotel rooms and the conference equipment in accordance with paragraph 3, items a-d.
5. The issuing of headsets to conference participants is based on the attendance list provided to BERLINEO by the Client at least one day prior to the start of the performance or on the basis of ID cards shown by the participants to BERLINEO technical staff. In the event of failure to return all headsets or in the event of deliberate mechanical damage, the Client shall be liable .
6. In the case of an order for simultaneous interpreting services only, the Client is obliged to provide appropriate conference equipment required for the proper performance of the service in accordance with good practices in the execution of this type of interpreting assignments and appropriate work conditions for the interpreters. BERLINEO shall not be liable for the lack of conference equipment or conference equipment malfunction that may prevent the proper performance of the simultaneous interpreting service entrusted to BERLINEO .
7. BERLINEO hereby declares that two qualified simultaneous interpreters per language combination are required for a simultaneous interpreting assignment. Any deviation from this rule might be carried out at the express written request of the Client. The Client. shall be fully responsible for their consequences.
8. BERLINEO further states that, in certain cases, the provision of consecutive interpreting may require two interpreters per language combination. In the event of a deviation from the above at the express written request of the Client despite BERLINEO’s recommendations, the consequences shall be the sole responsibility of the Client.
9. One of the basic prerequisites for the proper implementation of both consecutive and simultaneous interpreting services is that the Client provides BERLINEO  with the necessary materials in a timely manner, such as the meeting/conference schedule, speakers’ presentations, speech content, specialized glossaries, and any other supporting materials so that the interpreters can prepare for the proper implementation of the service. If the necessary materials are not provided, BERLINEO is not responsible for any problems in the interpretation of specialised industry vocabulary.

§4 Remuneration and payment terms

1. Unless otherwise agreed,  BERLINEO’s  remuneration for the performance of a given order specified in the offer shall be payable, in the case of newand unverified Clients in advance by bank transfer to the designated bank account of BERLINEO, and in the case of old and verified Clients within 14 days from the date of receipt of the finished translation, localization or completion of the interpreting service or conference equipment rental service, unless  the Parties  have agreed on other terms and other payment terms.
2. In the event of delay in payment BERLINEO may demand from the Client to pay statutory interest in accordance with the applicable Polish law.
3. Settlement and payment shall be made in the currency of the VAT invoice and in accordance with the terms and conditions contained in the offer for the respective order.

§5 Copyright

1. If a work under copyright law is created in the performance of a translation service,  BERLINEO  shall transfer all of the author's economic rights to the  Client  on an exclusive basis relating to the translation in question to the extent of:
   • a. copying on any medium;
   • b. reproduction in whole or in part in all kinds of translated materials;
   • c. display or presentation at conferences, training meetings, gatherings;
   • d. use in publishing materials and in audio-visual and computer media of all kinds, and to sell, exchange or otherwise dispose of the work to third parties, in the form of lending and leasing without territorial, temporal, financial or thematic restrictions.
2. The transfer of copyrights shall take place upon full payment of the amount due to . BERLINEO for the translation in question.
3. BERLINEO transfers to the Client the right to exercise the dependent copyright and in particular to use the translation in whole or in part and to combine any such work with other works and to develop it by adding various elements, updating, modifying.
4. BERLINEO transfers to the Client the right to use the translations in the following areas (fields of exploitation):
   • a. fixing, copying, entering into the memory of computers and computer network servers;
   • b. reproduction by any technique, placing on the market;
   • c. public performance or reproduction, exhibition, display;
   • d. renting, leasing, lending for free use;
   • e. broadcasting by wire or wireless vision or sound by a terrestrial station, broadcasting by satellite;
   • f. computer transmission (broadband network, Internet) and authorisation to create and transmit compilations.
5. BERLINEO declares that the translations will not infringe copyright or any rights of third parties.

§6 Rules on data protection and confidentiality

1. Personal data protection is taken seriously in BERLINEO . We always comply with the provisions of the Data Protection Act. This paragraph describes the situations in which the data of our Clients are collected.
2. The personal data collected relates only to individuals who register via the registration forms available on BERLINEO websites and/or services for the purpose of entering into a contract for the provision of BERLINEO translation services. We only collect the personal data we need and we do so in a fair and lawful manner.
3. All data, including but not limited to personal data, company data, content of concluded contracts, patent applications, terms and conditions of cooperation, price lists, investment plans, etc. provided to BERLINEO for the purposes of the quotation or providing translation services shall be processed and secured in accordance with good information confidentiality practices and in compliance with the legal requirements concerning the principles of data processing and security in translation companies, including 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 (GDPR).
4. Due to BERLINEO’s business activity related to translation services, the processing of personal data in BERLINEO should be divided into two types:
   • a. processing of personal data collected directly by BERLINEO for the purpose of preparing offers for the provision of the translation services offered, the execution of the translation services ordered by customers and their billing, as well as handling any possible customer complaints,
   • b. processing of data (including, but not limited to, Personal Data, Confidential Data) contained in documents submitted to BERLINEO by clients for translation.
5. With regard to the processing of data obtained in connection with the performance of translation activities BERLINEO , all its employees and those to whom BERLINEO subcontracts the processing of the data, are obliged to keep all transmitted data confidential. This commitment is explicitly included in the form of provisions in the contracts concluded by the BERLINEO with employees and subcontractors.
6. For the effective implementation of data protection BERLINEO provides:
   
   • a. physical, technical and organisational measures appropriate to the risks and categories of data to be protected,
   • b. control and supervision of the processing of personal data,
   • c. monitoring of the protection measures applied.
7. Only BERLINEO  employees have access to the collected data of users and and Clients. This does not apply to documents to be translated or auxiliary materials provided by the  Client, to which both employees and relevant associates and subcontractors of  BERLINEO  responsible for the preparation of the translation services ordered by the  Client  have access.
8. When  BERLINEO  pages and/or websites are accessed, cookies are used. Cookies are small text files that BERLINEO websites and online services collect when you view them and store them on your local hard drive. These cookies store information that enables users to access content on BERLINEO. websites and services more quickly and in a more personalised way. Cookies also save information about you, your preferences and website settings. Cookies are used by BERLINEO also for statistical purposes. Each user can disable and/or delete cookies at any time. All web browsers offer the option to block cookies or delete them from the local drive. On the browser providers' websites, you will find detailed instructions on how to block and delete cookies.

§7 Force majeure

1. Force majeure shall be understood as a sudden event, beyond the control of both the Client and BERLINEOwhen, at the time of the conclusion of the contract, it was impossible to foresee this event and its consequences, which affected the ability of the Party to perform the contract, and when it was impossible to avoid the event itself or at least its consequences.
2. BERLINEO shall not be liable for malfunctions and delays caused by force majeure such as computer hardware failures, Internet and telephone line failures, failures as well as maintenance breaks of web-based software providers, power cuts etc., as well as delays caused by the Client.
3. BERLINEO shall not be liable for non-performance or improper performance of the service for reasons attributable to third parties (such as telecommunications network operators) or caused by force majeure.
4. BERLINEO undertakes to notify the Client of the occurrence of force majeure as soon as it occurs

§8 Final provisions

1. Amendments and additions to these General Terms and Conditions for the provision of translation services are effective for the future.
2. The General Terms and Conditions for the provision of translation services and the agreements concluded on the basis thereof are governed by Polish law.
3. In matters not regulated in these General Terms and Conditions for the provision of translation services , the relevant provisions of Polish law shall apply, in particular the Civil Code.
4. All disputes arising from these General Terms and Conditions for the provision of translation services or contracts concluded between BERLINEO and the Clients that cannot be resolved by mutual agreement shall be settled by the court with jurisdiction over BERLINEO.
5. In the event of any inconsistency between the Polish version of these General Terms and Conditions for the provision of translation services and their translation into another language, the Polish version shall in any event prevail.