Łukasz Gos-Furmankiewicz (M.A. Law)
Freelance Polish Translator
Based in Warsaw, Poland
admin@towerofivory.net | +48 509 930 780 English | po polsku Terms of Service

Terms of Service

New version: 29 May 2014.

SERVICES: The Translator's services consist in translating, proofreading or editing text as work for hire. Publishing services (including typesetting, graphical processing, DTP), copy services (copying, pritinging, scanning, conversions, file processing) need to be sought separately from appropriate professionals. The Translator does not become an employee, consultant, advisor, manager, agent, partner, representative or assistant or fact-checker or acquire corresponding rights, obligations or responsibilities.

TRANSLATION, EDITING, PROOFREADING, TRANSLATION WITH EDITING, TRANSCREATION: Translation is a mirror or bridge between two languages. It aims to be a faithful reflection, not improvement. It is editing, or redaction, which aims to improve the logical structure, persuasive or aesthetic appeal, literary value or subject-matter correctness (e.g. mathematical operations, historical dates, program code, medical diagnosis) of a text. Unless specifically agreed, editing or proofreading a Client-provided translation does not aim to reflect any improvement on the original (or any verification of subject-matter correctness), other than the fact that translation does not copy spelling or punctuation mistakes. Translation with editing — which is a reasonable choice where the original does not play any significant role, but the translation is important — is available at a specific request for an additional price, includes correctness and appeal but does not not normally touch structure and never verifies subject-matter correctness. Transcreation is a very liberal and creative approach to translation, which means it always technically includes editing and largely escapes any errors or other flaws of the original. However, the order of presentation, and the author's other decisions are also typically respected rather than second-guessed by the Translator, which means it is not writing from scratch in the full sense. Transcreation does not generate new content (or verify old content) and should not serve as a means of pursuing improvement.

ORDERING: There is no formal procedure, but mutual acceptance and finality of the order must show clearly from the correspondence or conversation, even in long-term business-to-business relationships. Mere information about available deadlines and prices does not constitute a booking or binding offer. Quotations are valid only for details and background information — e.g. the volume and quality of the text to be translated, edited or proofread, desired deadline, any style guides, reference materials or other specific instructions — disclosed at the time of quoting. Any change at a later point may require a new quotation, including a different deadline or price, and in some cases the new requirements may be unavailable.

CHANGE: While there is some flexibility with regard to any matters the Client may have forgotten to inform the Translator about at an earlier time, or arrangements the Client may wish to change, any new or updated requirements cannot become binding without the Translator's consent. Such new requirements could be unavailable for example if they required out-of-pocket expenses out of proportion with the price of the order, any significant workload for which the Client did not offer adequate compensation, any glossary which the Translator believed to contain errors, any new text to be translated which the Translator did not feel comfortable translating.

CANCELLATION: The Client may cancel any order at any time without need for a reason, subject to payment for work already done and reimbursement of any out-of-pocket expenses and significant preparations, e.g. studying the Client's style guide, glossaries and other reference files, researching the field, purchasing books and publications. The Translator assumes no liability for any use of unfinished or unchecked texts.

CLIENT FILES: Because the Translator's work concentrates on texts rather than files, it is the Client's responsibility to make sure that any files provided by the Client are delivered to the Translator 1) at all, 2) immediately or within an agreed period of time, 3) in .doc, .odt, .pdf, .sdlxiff, .ppt or a different standard format agreed with the Translator, and 4) in good technical order, with no file corruption, data loss or errors leading to software malfunction, especially issues causing text editors to crash or making impossible the normal use of correct formatting (which is not rare with files saved by OCR software and may occur with other converters as well), and without need for any salvaging, recovery, troubleshooting, hacks and workarounds.

DELIVERY: By default, delivery will be to the same e-mail address from which the order came, in the same format as the original, except: .doc (or .odt or .txt if requested) when translating from scans, paper or PDF files or similar sources; .doc/.xls/.ppt (no -x) when translating from .docx/.xlsx/.pptx. The Translator's work cannot be rejected on a technicality referring to the format or formatting with the consequence of deeming it undelivered or late.

POST-DELIVERY CHANGES: Any changes relating to the Client's preference or consistency with the Client's style guides, reference materials and other instructions, or style or aesthetic or persuasive appeal — as opposed to actual, objective errors — should be requested immediately after delivery but no later than 14 days. Any significant workload not occasioned by an objectively verifiable and significant error or deviation from arrangements made with the Client may require an additional fee and a deadline subject to the Translator's availability. The Translator should always be contacted in order to fix any actual mistranslation or serious language issue, free of charge, which cannot be replaced by a request for reimbursement of any own or third-party fees or costs.

PAYMENT: Default is 14 days. Longer deadlines can usually be negotiated but may require advance payment (usually 20%) if the deadline is to be longer than 20th day of next month. Invoices will conform to the minimum requirements imposed by Polish business and tax law and cannot be rejected on any ground which does not have impact on the Client's legal or tax situation. Any formal or other objections — including any change in the Client's name, address and other invoicing information — need to be brought up without delay after receiving the invoice. Resolving an issue or accommodating a request does not restart the deadline.

NO LIABILITY FOR IMPERFECTIONS OF THE ORIGINAL OR CLIENT INSTRUCTIONS: The Translator shall not be liable for any ambiguities or defects attributable to the original or to the Client's instructions, requirements or decisions or reference or information provided by the Client. The Translator shall not be responsible for advising the Client regarding the Client's own decisions, including glossaries, style guides and reference materials. The Translator shall not be liable for any consequences of the Client's own actions, decisions, choices or risks, including but not limited to where precautions are forgotten, ignored, or omitted in order to enable a financial or time saving or increase security by restricting the circulation of documents. Any such decisions need to be considered with the understanding that while any gain from such a risk will be the Client's, so will also be any loss. Any decision to skip proofreading (editing, revising, review etc.) or relevant legal, tax, medical or other professional advice or service shall therefore be the Client's own responsibility, including even any damage or loss attributable to defects in the Translator's work but avoidable or reparable without omitting such precautions.

LIABILITY CAP: (Not applicable to consumers.) The total aggregate value of the Translator's liability under contract, tort, product liability or any other ground and with regard to general, special, direct, indirect, consequential, incidental, exemplary or any other type of damages may not exceed the price agreed and paid for the corresponding assignment.

LAW & COURTS: These Terms of Service, the Translator's services and any related matters shall be governed by Polish law, excluding conflict-of-law rules, and subject to the exclusive jurisdiction of Polish courts. The Parties shall first make a good-faith attempt to resolve any differences amicably, in a reasonable, mutually respectful, fast and cost-effective manner.

CONFIDENTIALITY, INTELLECTUAL PROPERTY AND PERSONAL DATA: The Client's confidentiality and intellectual property will be respected (including virus/malware protection). General descriptions of the Translator's work without giving away any details which could identify the Client will not be considered a violation of confidentiality or intellectual property, but the Translator will ask the Client's consent before using any actual extracts from the original and the corresponding translation unless the text is in public domain or otherwise public knowledge. Where the Translator's work becomes intellectual property of the Client, such a transfer shall not interfere with the Translator's personal style or workshop. In so far as permitted by the law, the Client remains the administrator of any personal data such as may appear in any Client-provided material while automatically authorizing the Translator to use such data to the extent required to perform the Translator's work for that Client. Likewise the Translator authorizes the Client with regard to the Translator's data.

ATTRIBUTION: Attribution (credit) may be omitted unless specifically reserved by the Translator. However, it may not be given falsely to another person. Any use of the Translator's name, surname or image requires the Translator's permission, especially for commercial or promotional purposes.

'SWORN' TRANSLATIONS: Certified ('sworn') translations are governed by certain special rules concerning their methodology, form, appearance, descriptions and comments, protection against tampering, and registration.