ALISON SABEDORIA – FRENCH-ENGLISH TRANSLATOR GENERAL TERMS AND CONDITIONS
1. APPLICATION – OPPOSABILITY
Confirmation of an order implies adherence in full and without reserve to these terms and conditions herein to the exclusion of all other documents of this nature. No other specific condition, except if stated on the Purchase Order and formally agreed in writing by both parties, may override these general terms and conditions. The engagement of the Service Provider for any work implies acceptance on the part of the Client of these current general terms and conditions, and the renunciation of their own general terms and conditions. Any contrary condition shall therefore, if not expressly accepted beforehand, be inadmissible, irrespective of the moment at which it may have been brought to the Service Provider’s attention. The waiver or non-application by the Service Provider of any particular condition at any one time should not be taken to imply the non-application of that condition on any future occasion.
2. CONFIRMATION OF ORDER/QUOTE
Each order by the Client is to be preceded by a free quote, established by the Service Provider, based on the documents to be translated, or information thereon, as provided by the Client. In order to confirm the order as firm and binding, the client must return the quote to the Service Provider without modification, by post signed «accepted », or by return of e-mail with an expression of acceptance, if the quote was originally sent by this means. In no acceptance of the quote is received, the Service Provider reserves the right not to begin the work. In the absence of confirmation of the order by the above-mentioned means within three (3) months from the date of issue, the quote shall be deemed no longer valid. The Service Provider reserves the right, after having informed the client, to raise the price of the work and/or not to keep to the delivery date as stated on the Client’s initial Purchase Order, and in particular in the following circumstances :
- Modification or addition of documents by the client after the quote has been finalised by the Service Provider, in which case the Service Provider reserves the right to adjust the price according to the volume and/or quality of supplementary text found or required;
- Absence of full documents upon which to base the quote; if the quote has had to be established based on an approximate word count and a sample of text.
In the absence of agreement by the Client to these new terms of delivery or billing, the Service Provider reserves the right not to begin the work. Unless otherwise agreed on the quote, all expenses incurred directly in the course of the work (travel, urgent courier fees, etc.) will be charged to the client. All reductions or application of sliding-scale charges, whether based on percentage or quantity, remains at the sole discretion of the Service Provider, and applies only to the order in question. Reductions or rebates accorded to the Client should not in any case be taken as implying the right to such reductions or rebates on any future orders.
In order to furnish proof of acceptance of the quote, the Client shall consider as equivalent to the original and as perfectly valid proof: e-mail message, photocopy, computer file.
All orders in excess of 1,000 euros net (excluding tax) may be subject to the payment of an advance, the percentage of which shall be stated on the quote. In this case, the work will not be undertaken until this advance has been cleared. 5. DELIVERY TIME Once the Service Provider has received all the documents to be translated, the delivery time stated on the quote only applies on condition that the Client confirms the order by one of the means specified in item 2 above within 3 (three) working days of receipt of the quote. Beyond this, the delivery time may be subject to revision according to the workload of the Service Provider.
6. OBLIGATIONS OF SERVICE PROVIDER
The Service Provider undertakes to produce the translation as faithfully as possible to the original and in conformity with the norms of the profession. Every effort shall be made to take account of and integrate into the translation elements supplied by the Client (glossaries, plans, diagrams, abbreviations). The Service Provider cannot be held responsible for inconsistencies or ambiguities in the source text, or resulting from the use of supplementary material required by the Client; checking for technical conformity of the final text remains the sole responsibility of the Client.
7. OBLIGATIONS OF CLIENT
The Client undertakes to make available to the Service Provider the full texts to be translated along with all technical information necessary for understanding the text, and if relevant, the specific terminology required. Should the client not supply these as requested, the Service Provider cannot be held responsible for any possible non-compliance or delay in delivery. The client has a period of 10 (ten) working days from receipt of the translated or proofread documents within which to communicate in writing any disagreement concerning the quality of the work. Beyond this, the work shall be deemed to have been duly carried out and no objection can be raised. To this effect, the Client agrees to accept as proof of delivery all evidence of receipt by post or e-mail.
The Service Provider undertakes to respect the confidentiality of all information conveyed beforehand, during the course of the work or subsequently, or contained in the documents supplied by the Client. The original documents can be returned to the Client upon request. The Service Provider cannot be held responsible for the interception or misappropriation of the information during the transfer of data, in particular via the internet. In consequence it is up to the Client to inform the Service Provider beforehand or when ordering, of whatever means of transfer might be required to ensure the confidentiality of all information of a sensitive nature. 9. FORMAT The translation will normally be delivered by e-mail in Word format. Delivery by other means (post, courier) and in other formats (PDF, paper, CD, etc.) is available on request. This must be specifically agreed between the parties and may be subject to an extra charge.
In all circumstances the liability of the Service Provider is limited to the value of the work as stated on the relevant invoice. The Service Provider can in no circumstances be held responsible for claims arising from slight differences of style. Delivery times are stated as estimated; overrunning does not constitute grounds for imposing late delivery penalties. In no circumstances can the Service Provider be held responsible for direct or indirect losses to the Client or to a third party, as a result of any delay in delivery due to force majeure, or caused by delays in a postal or courier service, e-mail or other means of delivery.
11. EDITING AND PROOFREADING
In the event of disagreement on any aspects of the work, the Service Provider reserves the right to correct the work in cooperation with the Client. When the work is to be published, the Service Provider shall receive a copy of the proofs to correct prior to printing. Unless agreed otherwise in writing, all editing or proofreading may be subject to an additional charge based on an hourly fee.
Unless specifically indicated on the quote, invoices are to be understood as net, excluding any advance, and payable within a maximum of 30 from receipt of invoice. In all circumstances the amount and time limit of payments as agreed between the parties remain independent of any delays in payment to the client by a third party. In the case of payment by cheque or bank transfer form abroad, any bank or exchange fees incurred may, at the Service Provider’s discretion, result in an additional charge added to the invoice or the issue of a new invoice. In the event of late payment, any other work currently in progress may be interrupted until the invoice is settled in full. A penalty may imposed for any outstanding amount unpaid after the due date, equal to the Central European Bank base rate applicable plus 10% (Article L.441-6, al 8, French Code de Commerce, as amended by Loi no 2008-776 of 04/08/2008). A fee of 40€ towards debt recovery (Decree no 2012-1115 of 02/10/2012, Art. L.441-3, L.441-6, D.441-5 of French Code du Commerce) may also be added. The translation remains the property of the translator, as do all associated rights of use and reproduction, until payment is received in full.
13. INTELLECTUAL PROPERTY
Before entrusting a document to the Service Provider for translation, the Client must ensure that (s)he is legally entitled to do so. (S)he should therefore be the author of the document or must already have obtained written authorisation for the translation of the document from the copyright or translation rights holder. The Service Provider can in no way be held responsible if all or part of the documents supplied by the Client infringe copyright or intellectual property law, or any other applicable law relating to the rights of a third party. In such an event, the Client will bear the full financial or other legal consequences which may arise out of her/his negligence. Furthermore, the Client recognises that the translation made by the Service Provider constitutes a new document, the copyright of which shall be held jointly by the author of the original document and the Service Provider. In consequence, in the case of translations of a literary or artistic nature, and without prejudice in regard of the value of the rights to her work, the Service Provider reserves the right to insist that her name be shown on all copies or all publications of the work, in accordance with the Code de la Propriété Intellectuelle (France), paragraph L.132-11.
In the event of cancellation in writing of an order, for whatever reason, once work has already begun, the work already carried out shall be invoiced to the Client at 100% (one hundred percent); the remaining work at 50% (fifty percent).
15. OUT-OF-COURT SETTLEMENT
Both parties undertake, in the case of litigation of whatever nature, to attempt to settle this litigation amicably and out of court. The parties undertake to do their utmost to ensure that this conciliation has the best possible chance of resolving the dispute.