These General Contracting Conditions are a version translated into English for your convenience. In the event of any conflict among translations, the Spanish version will control.
Latest revision (original): December 21st, 2020
Depending on the requirements of each project, certain Specific Conditions may be agreed upon to replace, complement or modify these General Contracting Conditions. In case of contradiction, the terms of the Specific Conditions of the estimate accepted by the CLIENT will prevail.
In any way, the conditions, rates and deadlines stipulated both in these General Contracting Conditions and in the estimate will not be considered a commitment between EDUARDO VERA-PALOMINO and the CLIENT as long as the estimate has not been accepted as detailed in the corresponding section. The CLIENT declares to have read and understood the conditions of contract and proves to be a natural person of legal age with the capacity to enter into contracts.
1. DATA OF THE RESPONSIBLE
- Company name: EDUARDO VERA-PALOMINO
- Unique Taxpayer Registry (RUC): 10470052851
- Location: Ica 11003, Peru
- E-mail: email@example.com
- Profession or trade code: 12 – LITERARY AUTHOR, WRITER AND CRITIC
- Economic activities: Writer (ISIC 9000 – CREATIVE, ARTS AND ENTERTAINMENT ACTIVITIES) and translator (ISIC 7490 – OTHER PROFESSIONAL, SCIENTIFIC AND TECHNICAL ACTIVITIES N.E.C.)
2. CONTRACTING PROCESS
Before contacting EDUARDO VERA-PALOMINO, the CLIENT should read carefully the present General Contracting Conditions.
The process starts with the request for an estimate, either through the contact forms available at YACHAYPURIQ or through profiles on social networks of EDUARDO VERA-PALOMINO (LinkedIn and Skype) or freelancing marketplaces (Upwork and Workana), to evaluate the needs of the project, availability and deadlines.
The applications sent by the aforementioned freelancing marketplaces will be subject to the conditions established by them with regard to the management of communication with the CLIENT and payments.
Applications sent by forms or means other than those mentioned will not be considered.
Within a maximum period of 24 hours, the CLIENT will receive a response from EDUARDO VERA-PALOMINO, either to request additional information or to present an estimate (in the case of having the required information) in which it will be stated:
- The specific terms and conditions applicable.
- The rates (according to urgency) and the delivery date, which will be determined according to the characteristics and needs of the project.
- The date of validity of the estimate, after which EDUARDO VERA-PALOMINO will not be obliged to provide the service according to the terms mentioned therein. If you wish to hire the service after the date in question, you must request a new estimate which will include the updated conditions that apply.
Unless otherwise indicated in the corresponding estimate, only those estimates that the CLIENT has signed will be considered accepted and only from the moment that the income corresponding to the estimated amount is received. In order to start working, an advance payment of 50% of the amount set in the estimate is required. The rest will be paid upon delivery.
The making of the deposit implies the acceptance of the conditions indicated in the estimate and in the General Contracting Conditions included in this document, even if the CLIENT did not send EDUARDO VERA-PALOMINO a signed copy of the estimate in question.
If, after the acceptance of the estimate, the CLIENT wishes to bring forward the delivery date and this is possible by EDUARDO VERA-PALOMINO, the proportional surcharge will be specified to the CLIENT and, in case of conformity, the translation will be delivered on the new agreed delivery date.
The minimum fee for any service from YACHAYPURIQ is 40 US dollars (USD) and includes applicable taxes and commissions. The minimum delivery time for the shortest project is five days (120 hours) after payment is received. For an average book of 300 pages (80,000 words), the normal time frame is four months.
EDUARDO VERA-PALOMINO does not do hourly work.
3. PAYMENT METHOD AND INVOICING
The main payment method accepted is PayPal, in US dollars. If the CLIENT wishes to pay in soles and resides in Peruvian territory, she may agree with EDUARDO VERA-PALOMINO on other methods of payment. The agreed prices include taxes and other obligations.
As PayPal is an external service not controlled by EDUARDO VERA-PALOMINO and also due to the daily variation of the values of the local currencies, the applicable commissions for currency conversions will be assumed by the CLIENT.
After making the payment, the following proofs of payment will be sent:
- an electronic fee receipt in Spanish issued through the SUNAT application, which will be sent to the e-mail address provided by the CLIENT, and
- an electronic payment format generated by the PayPal application after making the respective payment.
Currently, EDUARDO VERA-PALOMINO does not send physical receipts.
According to Peruvian tax regulations, EDUARDO VERA-PALOMINO receives income as an independent worker that corresponds to fourth category income. Therefore, taxes are deducted from the total monthly income, as long as it is higher than a certain amount, so it may not appear detailed in the mentioned receipts. For more information, visit the website of the National Superintendency of Customs and Tax Administration (SUNAT) (in Spanish).
4. FORMATS AND LAYOUT
To contain costs and avoid having to layout the translated document, it is recommended that the CLIENT provide EDUARDO VERA-PALOMINO with documents in the following editable formats:
- Microsoft Office (DOCX, PPTX, and XLSX), and LibreOffice (ODT, ODP, and ODS).
- Google Documents, Spreadsheets and Slideshows.
- Vector graphics (SVG, CDR — Corel Draw, and AI — Adobe Illustrator).
- Multilingual PO and POT files (used in WordPress.org plugins and themes).
- Other editable formats (TXT, RTF, HTML, MD…).
If the CLIENT does not have the original material in editable format, a surcharge for transcription or conversion between formats will be charged, which will be established in the estimate. PDF documents and non-vector images (JPG, PNG, TIFF, etc.) are not editable files.
For PDF files, it is usually not possible to maintain the correct formatting because the length of the text varies according to the language (a text in Spanish takes, on average, 20% more space than its English version). In that case, unless the CLIENT wishes to hire the layout service as well, EDUARDO VERA-PALOMINO will simply resend the text (usually in Word) without layout and the CLIENT will be in charge of its layout.
The CLIENT must provide the writing and corporate identity guides, glossaries and terminology bases and other stylistic indications before starting the translation process. EDUARDO VERA-PALOMINO commits itself to follow the guidelines given by the CLIENT to elaborate an appropriate text for the public and the intended purposes, while written according to the conventions of the Spanish language.
If the CLIENT request to change terminology after the delivery of the translation, it will be considered as a modification and, therefore, will carry a surcharge.
Any modification requested by the CLIENT after the acceptance of the estimate — for example, changes in the original documents, request for the use of different terminology not previously provided, additional layout request, or change of deadlines, will imply an additional charge, which will be specified each time according to the case. Any request based on style preferences will also be considered as a modification if it concerns subjective issues rather than objective linguistic errors.
Therefore, confirmation from the CLIENT will be expected before proceeding.
Since this is a service that consumes time and resources according to the indications of the CLIENT, she may request a refund of the amount paid only in the following cases.
- For the uncompleted stages of the work, in which case, the CLIENT will receive the part already completed.
- For a translation, for the entire payment made if it is objectively proven that the result is of poor quality, for example: if a proofreader or editor so informs, because of excessive errors that contravene the rules of careful writing or because of omission of essential details of the original content. In this case, the CLIENT may also require EDUARDO VERA-PALOMINO to make the relevant modifications at no additional cost.
Stylistic conventions that the CLIENT has not indicated before formalizing the contract will not be considered indicators of good or bad quality.
EDUARDO VERA-PALOMINO undertakes to respect the confidentiality of the documents sent by the CLIENT and not to disclose any information to third parties, both during and after the provision of the translation.
9. TRANSFER OF RIGHTS
Once the project has been carried out, delivered and accepted, the rights of reproduction, distribution and exploitation are assigned to the CLIENT for the purposes it deems appropriate, unless the license to use the original material stipulates other terms.
10. LIMITATION OF RESPONSABILITY
EDUARDO VERA-PALOMINO will do everything possible and necessary to guarantee the quality of the final product and the satisfaction of the CLIENT, as well as to attend to her doubts, complaints and queries.
The CLIENT declares and guarantees that it has the rights to use and order adaptations of the material to be translated, and that she will legitimately use the final product. Therefore, unless the cause is related to the quality of the work delivered, EDUARDO VERA-PALOMINO declines any responsibility for damages or claims made against the CLIENT by third parties as a result of the services provided or the use of the final material.
YACHAYPURIQ has versions in Spanish and English, and the services can be formalized in both languages. However, in case of discrepancy or contradiction between the translations of these general conditions, the Peruvian Spanish version shall prevail.
12. APPLICABLE LAW AND JURISDICTION
These General Contracting Conditions is governed by the laws of the Republic of Peru, and any dispute shall be submitted to the courts and tribunals of the judicial district of Ica, Peru, unless applicable law provides otherwise.
Let your vision of love, freedom and dreams be shared in the world's second mother tongue.
I’ll be happy to help you with anything you need!
Before contacting me, I suggest you review the characteristics of the translation service and the General Contracting Conditions to assess whether the conditions correspond to your expectations. If you have any questions or doubts, you can also send them through this form or directly to firstname.lastname@example.org. I’m also available on LinkedIn and Skype.
To better understand your needs and make a fair estimate, please send the original material and detail the following information:
- What exactly do you need? Translating something from scratch or editing machine translation results? Do you require a final text with layout or is a text document sufficient? What is the file type of the original material?
- Who is your translation for? The whole of the Spanish-speaking world or just a given region? What is the age range and educational level of your audience? Are there any additional relevant socio-demographic characteristics?
- What values are you looking to convey? What style and corporate identity guidelines should I follow for that purpose? (Includes use of anglicisms, inclusive writing, local slang, vocabulary from previous translations, bibliographic reference formats, and other stylistic preferences)
- Do you have a deadline to meet?
You can attach here a file of up to 25 MB with the original material. If the file is rejected by this form, I suggest uploading it in a ZIP file, sharing it through a platform like Google Drive or Microsoft OneDrive, or sending me your request by e-mail.
In accordance with the provisions of the Consumer Protection and Defense Code, Eduardo Vera-Palomino has a Virtual Complaints Book at your disposal. Access it by clicking on the book icon and use it to register a complaint or claim.