Accession contract (public offer) on the provision of translation services
1. General provisions
1.1. LIMITED LIABILITY COMPANY “BUREAU OF TRANSLATION “MAKROGLOBAL”, represented by director Kateryna Mykolaivna Shagun, acting on the basis of the Charter (hereinafter – the “Executor”), guided by Articles 633 and 641 of the Civil Code of Ukraine, provides a public offer (hereinafter – the “Public Offer”) to the Contractor’s customers who wish to receive services and conclude the Agreement on the provision of translation services (hereinafter – the “Agreement”)
1.2. Payment of the Contractor’s services by non-cash transfer of funds on the basis of an invoice issued by the Contractor, including using an electronic means of payment, is considered as joining the Agreement (acceptance).
1.3. Within the framework of this Agreement, the Contractor and the Customer will be identified as “Party”, and collectively – as “Parties”.
2. Subject of the contract
2.1. The Contractor undertakes to provide translation services under the conditions specified in this contract, which include the written translation of texts of various nature and complexity from one language to another (the original language of the document and the language of the translation are specified by the Customer when sending the Document to the Contractor).
2.2. Translation services can be provided for any language specified by the client.
2.3. If necessary, the executor can independently decide on the involvement of other persons to perform services on the basis of cooperation. These can be professional translators, philologists, legal entities and individuals.
3. Contract conclusion procedure, cost of services
3.1. The contract is considered to be concluded from the moment of acceptance of the proposal for the provision of translation services (Public Offer) by the Customer.
3.2. The Customer sends the Order to the Contractor’s email addressmacroglobal@UkrainianN o t a r ynetN o t a r y
3.3. The order must contain: the text that needs to be translated, the language into which it is translated, the nature of the translation (with or without notarization of the translator’s signature/ urgent or not/ with the translation attached to the original or without, etc.).
3.4. The executor sends a response to the Customer within a reasonable period of time indicating the deadline for the translation and its (estimated) cost.
3.5. The cost of the Services and the term of their provision is determined individually according to the complexity of the text / the total number of characters with spaces in the text / the language from which and into which the translation is carried out / the urgency of providing the services / the cost of the services of the involved persons (if necessary).
The cost of the finished translation may differ from the estimated cost specified by the Customer within 10%.
4. Payment and service acceptance procedure
4.1. Payment for translation services is made by the Customer on the basis of partial prepayment in the following order:
– 50% of the estimated cost of the Services shall be paid by the Customer within 3 (three) calendar days from the moment of receipt of the invoice.
Full payment for the Contractor’s services is made by the Customer within 3 (three) calendar days from the moment the Parties sign the Act of services provided on the basis of the Contractor’s account.
4.2. The Contractor begins providing services under the Agreement and agreements to it only after the advance payment has been credited to the Contractor’s bank account.
4.3. Documents confirming the provision of services under the Agreement are the Act of services provided signed by both Parties. The contractor sends the Act of services rendered to the Customer by e-mail together with the text of the translation for approval.
In the event that the Customer did not sign the Act within 2 (two) days from the moment of its receipt and did not provide a written reasoned refusal to sign the Act within 2 (two) days from the moment of receipt of the Act, the Services are considered to be provided by the Contractor in full and are subject to payment.
5. Rights and obligations of the parties
5.1. Rights of the Performer:
5.1.1. Require the Customer to provide all necessary information and materials for translation services.
5.1.2. Determine the order and methods of providing translation services, in accordance with the quality requirements and the requirements of the Customer.
5.1.3. Receive remuneration for translation services provided in accordance with the terms of the contract.
5.1.4. Refuse the Customer to provide the Services in case of non-payment or incomplete payment for the Services within the established terms, in accordance with clause 4.1. of this Agreement, untimely ordering of the Service and inability to provide the Service within the terms stipulated by the Customer, as well as in case of violation of the terms of this Agreement.
5.2. The performer undertakes:
5.2.1. Provide the Services ordered by the Customer, subject to their payment by the Customer, in accordance with the terms of this Agreement.
5.2.2. Upon prior approval, confirm the completed translation of documents with a notarized certification of the translator’s signature or certification with the seal of the translation bureau.
5.2.3. At the Customer’s request, provide full and timely information on the progress of translation services.
5.3. Rights of the Customer:
5.3.1. The Customer has the right to require the Contractor to perform translation services in accordance with the terms of the contract and established quality standards.
5.3.2. The Customer has the right to receive from the Contractor complete and accurate information regarding the performance of translation services and the status of the works.
5.4. The customer undertakes:
5.4.1. To provide the Contractor with reliable information and materials necessary for the performance of translation services in a timely manner;
5.4.2. To pay for the translation services provided by the Contractor in the manner, amount and term provided for in this Agreement.
6. Liability of the parties
6.1. In the event of a breach of the Agreement, the Party bears the responsibility defined by the current legislation of Ukraine. A breach of the Agreement is its non-fulfillment or improper fulfillment, i.e. fulfillment in violation of the conditions defined by the content of this Agreement
6.2. The Party is not responsible for the violation of the Agreement, if it was not caused by its fault (intentionally or carelessly).
6.3. In case of non-fulfillment or improper fulfillment by the Contractor of the terms of this Agreement, the Contractor undertakes to correct the improperly performed translation and editing at his own expense. Translation and editing of the translation, which led to a significant change in the content of the document, is inappropriate. Stylistic, orthographic, clerical (technical) and synonymous defects that do not change the content of the text are not considered improper execution.
6.4. For violation of the payment terms, the Customer is obliged to pay the Contractor a penalty in the amount of double the accounting rate of the National Bank of Ukraine from the value of the actually provided and unpaid Services, within the period specified by this Agreement, for each day of delay and for the entire period of such delay. In the event that the Customer violates the payment terms by more than 10 (ten) working days, the Contractor has the right to demand payment of a fine in the amount of 10% (ten percent) of the value of the Services actually provided, accepted by the Customer, but unpaid.
7. Confidentiality
7.1. Both parties agree to maintain the confidentiality of all Source Documentation relating to this Agreement.
7.2. The Parties undertake not to disclose any confidential information to third parties without the prior written consent of the other Party.
8. Force majeure
8.1. The Contractor and the Customer are released from responsibility for failure to fulfill or delay in fulfilling any obligations under this contract in the event of force majeure (force majeure) circumstances that make it impossible to fulfill the obligations under this contract and which they could not foresee or avoid by applying available measures.
8.2. Circumstances of force majeure include, but are not limited to, natural disasters (floods, earthquakes, fires, etc.), hostilities, military operations, terrorist acts, blockades, economic sanctions, as well as any actions or unknown circumstances that prevent or make impossible the fulfillment of obligations under this contract.
8.3. In case of occurrence of force majeure circumstances, the party facing such circumstances shall notify the other party within a reasonable period of time from the moment of force majeure and shall try to do everything possible to overcome the consequences of these circumstances.
9. Personal data
9.1. By agreeing to the terms of the Public Offer, the Customer consents to the collection, processing and transfer of his personal data (in particular, e-mail addresses, contact telephone numbers, first and last name, date of birth, etc.) to the Contractor and other third parties engaged by the Contractor for the performance of this Agreement, within the limits necessary to fulfill the obligations under this Agreement.
9.2. The parties are obliged, in accordance with the legislation of Ukraine on the protection of personal data, to guarantee that personal data will be properly protected from any illegal processing and illegal access to them. They undertake to take all necessary measures to prevent the disclosure of personal data by employees or any other authorized persons to whom such data was transferred or which became their knowledge in connection with the performance of duties under this Agreement.
10. Term of validity of the contract
10.1. Beginning of the contract:
10.1.1. The validity of this contract begins from the moment the Customer accepts the terms of this contract, which occurs by accepting the Contractor’s Public Offer.
10.2. Validity period:
10.2.1. The Agreement is valid until the Parties fully fulfill their obligations under the Agreement
10.3. Termination of the contract:
10.3.1. The parties have the right to terminate this agreement by mutual consent at any time.
10.3.2. The Agreement may be terminated by any of the Parties unilaterally. In the case of premature termination of the contract at the initiative of one of the parties, the initiating party shall reimburse the other party for the costs incurred by it in connection with the performance of this contract.
10.3.3. Termination of the contract does not release the Parties from the fulfillment of obligations already accumulated at that time and responsibility for violation of the terms of the contract.
11. Other conditions
11.1. Breach of contract:
11.1.1. In case of violation of any of the conditions of this contract by one of the Parties, the other Party has the right to demand compensation for damages caused by such a violation, in the manner determined by the current legislation.
11.2. Jurisdiction:
11.2.1. This Agreement and all issues arising in connection with its execution or termination are subject to interpretation and resolution in accordance with the current legislation of Ukraine, and court jurisdiction over any disputes arising in connection with this Agreement belongs exclusively to the courts of Ukraine.
12. Details of the Contractor
MACROGLOBAL TRANSLATION BUREAU LLC
Ukraine, 01024, Kyiv, str. Velika Vasylkivska, building 17, room 3A
EDRPOU code 41937431
R/y UA063052990000026001005008269 in JSC CB “PRIVATBANK”
Phone: 38 (044) 227 01 24
E-mail: macroglobal@ukr.net