1. APPLICABILITY AND VALIDITY OF TERMS OF SALE
All orders placed imply the Client’s full acceptance of these Terms and Conditions, without any reservation whatsoever and to the exclusion of any other document. No special terms will take precedence over these Terms and Conditions unless expressly stated in writing on the final and binding purchase order. The execution of any service by the Service Provider implies the Client accepts these Terms and conditions and waives his own general terms and conditions. Any other disposition, in the absence of manifest consent, will be ineffective against the Service Provider, regardless of the time at which he/she may have been made aware of it. Any condition to the contrary shall not be binding to the Service Provider unless expressly accepted by the Service Provider in writing, regardless of when the Service Provider becomes aware of the condition. That the Service Provider does not exercise one or more of the provisions in these Terms and Conditions shall not be interpreted as a waiver of the Service Provider’s right to exercise any of the provisions in these Terms and Conditions at a later date.
The Client agrees to consider faxes, e-mails, copies, and computer files as equivalent to the original and valid proof that the order was confirmed.
Any order exceeding Euro 1,000.00 excluding tax may be subject to a deposit, the amount of which shall be clearly stipulated in the quote. Work shall begin only once this payment has cleared.
4. THE SERVICE PROVIDER’S OBLIGATIONS
The Service Provider agrees to provide a translation that is as faithful as possible to the original and that complies with professional standards. He/she shall do everything possible to take into account and include in the translation information provided by the Client (glossaries, drawings, diagrams, abbreviations). The Service Provider shall not be held liable for any inconsistencies or ambiguities in the source text, the verification of the final text’s technical coherence remaining the Client’s sole responsibility.
5. THE CLIENT’S OBLIGATIONS
The Client shall provide the Service Provider with all of the texts to be translated and all of the technical information required to understand the text and, if necessary, the specific terminology required. If the Client fails to inform the Service Provider, the Service Provider shall not be held liable if the translation does not conform to the Client’s standards or if delivery is late.
The client has 7 working days from the time the translated documents are received to inform the Service Provider in writing of any disagreement concerning the quality of the translation. Once this period has expired, the service shall be considered duly completed and no claims may be made. The client agrees to consider postal, fax, or electronic mail receipts as proof of delivery.
The Service Provider agrees to preserve the confidentiality of information the Service Provider becomes aware of before, during, and after providing services. Original documents shall be returned to the Client upon simple request. The Service Provider shall not be held liable in the event that information is intercepted or used by a third party during the transfer of data, especially on the Internet. Therefore, the Client must inform the Service Provider before the provision of services or at the time the order is placed of the means of transmission the Client would like the Service Provider to use to ensure the confidentiality of any sensitive information.
Translations are delivered by electronic mail in Word format. On request, translations may be delivered by fax, by regular mail, on a PC floppy disk. Any other means of delivery or formats must be expressly agreed to by the parties and may result in additional fees.
The liability of the Service Provider on any grounds whatsoever shall be limited to the invoiced value of the work. Under no circumstances shall the Service Provider be held liable for claims related to nuances of style. It is expressly agreed that delivery deadlines are provided for information only and that missed deadlines shall not be considered grounds for penalties. The Service Provider shall not be held liable for direct or indirect harm to the Client or a third party resulting from late delivery due to force majeure or fax transmission, electronic mail, postal and other problems.
9. CORRECTIONS and PROOFREADING
In the event of disagreements about certain aspects of the translation, the Service Provider reserves the right to correct these aspects in cooperation with the Client. If the translation is to be published, the Service Provider shall receive the printer’s proofs to proofread them before the document goes to print. Unless otherwise specified in writing, all corrections will result in additional charges to be billed at the prevailing hourly rate.
Unless otherwise mentioned on the quote, payment in full to the Service Provider shall be made no later than 30 days from the date of invoice, in compliance with the applicable European laws. In the case of payments by cheque or wire transfer from abroad, all foreign exchange and banking fees will be specified on the quote or be on-billed to the Client. In the event of late payments, orders in progress can be unilaterally interrupted until full payment is received and the Client will be liable for late payment penalties of ten (10) times the prevailing base legal interest rate applied to the entire sum in question, without any formal notice being required.
Translations remain the property of the Service Provider until payment has been received in full.
Before undertaking to have a document translated, the Client must ensure that this does not infringe on any third-party rights. Therefore, the Client must be the author of the original document or have obtained written permission to have the document translated from the party holding the copyrights to the document. If these conditions have not been ensured by the Client, under no circumstances shall the Service Provider be held liable if all or a portion of the documents to be translated were to infringe on the rights of a third party or violate any applicable regulations. If this were to occur, the Client shall be held solely liable for any harm or financial consequences resulting from the Client’s negligence. Furthermore, the Client acknowledges that the translation is a new document, whose copyright is held jointly by the author of the original document and the Service Provider. As a result, for literary or artistic translation, and without harm to the Service Provider’s rights to the work, the Service Provider reserves the right to require that the Service Provider’s name be mentioned on any copies or publications of the translation, in compliance with France’s Intellectual Property Code (paragraph L.132-11).
If work that is commissioned is subsequently cancelled after work has commenced, for whatever reason and notified in writing by the Client to the Service Provider, the Client shall pay the Service Provider the full contract sum for the work completed and half (fifty percent) for the uncompleted work.