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): July 30th, 2021
Latest revision (translation): July 30th, 2021
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 the CLIENT and EDUARDO VERA-PALOMINO 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: Evera@shinydreamer.xyz
- 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 information, either sending an e-mail, through the contact forms available at SHINY DREAMER or through profiles on social networks of EDUARDO VERA-PALOMINO (Skype) or freelancing marketplaces (Upwork), to evaluate the needs of the project, availability and deadlines.
The applications sent through 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.
EDUARDO VERA-PALOMINO reserves the right to consider applications sent by forms or means other than those mentioned above.
The CLIENT will receive a response from EDUARDO VERA-PALOMINO within a maximum period of 24 hours (except Saturdays and Sundays, Lima time/UTC−5, in which case it will be delivered during office hours on the following Monday), 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 that may apply.
- 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 the CLIENT wishes to hire the service after the date in question, she 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 in which the reception of the income corresponding to the estimated amount is confirmed. In order to start working, an advance minimum payment of 50% of the amount set in the estimate is required. The remainder will be paid before the deadline or upon delivery.
The making of the deposit implies the acceptance of the conditions indicated in the estimate and in the General Contracting Conditions, even if the CLIENT did not send EDUARDO VERA-PALOMINO a signed copy of the estimate.
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 project will be delivered on the new agreed delivery date.
EDUARDO VERA-PALOMINO does not do hourly work.
3. PAYMENT METHOD AND INVOICING
The main payment method accepted is PayPal, in euros (EUR) or in US dollars (USD), by deposit at the address: https://paypal.me/yachaypuriq
If the CLIENT wishes to pay in soles (PEN) and resides in Peruvian territory, she may agree with EDUARDO VERA-PALOMINO on other methods of payment (virtual wallet or bank transfer).
In all cases, 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 exchange rates of the local currencies, the applicable commissions for currency conversions will be assumed by the CLIENT.
After payment and delivery of the work, an electronic fee receipt in Spanish issued through the application of the National Superintendency of Customs and Tax Administration (SUNAT) will be sent to the e-mail address provided by the CLIENT. 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; foreign source income will be added to this category. 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.
4. FORMATS AND LAYOUT
It is recommended that the CLIENT provide EDUARDO VERA-PALOMINO with documents in the following editable formats:
- Microsoft Office (DOCX, PPTX, XLSX), and LibreOffice (ODT, ODP, ODS).
- Google Documents, Spreadsheets and Slideshows.
- Vector graphics (SVG, CDR — Corel Draw, AI — Adobe Illustrator).
- Multilingual PO and POT files.
- 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.
Transcription jobs do not require editable files, but the content to be transcribed must be audible/legible. The following formats are accepted: MP3, MP4, WAV, WMA, OGG, AVI, WMV, 3GP, PDF, BMP, JPG, and PNG.
The CLIENT must provide the writing and corporate identity guides, glossaries and terminology bases and other stylistic indications before starting the project. EDUARDO VERA-PALOMINO commits itself to follow the guidelines given by the CLIENT to elaborate an appropriate work for the public and the intended purposes, while written according to the conventions of the Spanish language.
The request for any terminology, stylistic or other changes after the delivery of the project 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.
7. CONFLICT RESOLUTION AND DEVOLUTIONS
In accordance with the provisions of the Consumer Protection and Defense Code, EDUARDO VERA-PALOMINO has a Virtual Complaints Book at the disposal of the CLIENT, where she can register any complaint or claim regarding the quality of the service or attention received.
The formulation of this complaint or claim does not prevent the CLIENT from resorting to other means of dispute resolution (for example, to request a refund and open a dispute on the PayPal platform if used for payment of the service), nor is it a prerequisite for filing a complaint with the National Institute for the Defense of Free Competition and the Protection of Intellectual Property (Indecopi).
EDUARDO VERA-PALOMINO shall respond to the claim within a period of no more than thirty (30) calendar days, and may extend the period for up to thirty (30) more days after notifying the CLIENT.
About the return policy, 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 without her consent 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 or derived work stipulates other terms.
In the case of editorial translations, EDUARDO VERA-PALOMINO may retain the applicable rights.
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 she has the rights to use and order adaptations of the source material, 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.
In SHINY DREAMER it is possible to formalize the contracting of services in Spanish and English. For the convenience of the CLIENT, the pages that have an English version are presented:
- These General Contracting Conditions
- Legal Notice
- ARCO Rights
- Complaints Book
In case of discrepancy or contradiction between the translations of these conditions, the Peruvian Spanish versions 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.
Header image: Crop businesswoman working with documents in office by Sora Shimazaki is used under the Pexels license; desaturated from original.