GENERAL TERMS OF SALE
I. Applicability and Validity of Terms of Sale
All orders placed imply the Client's full acceptance of these Terms of Sale to the exclusion of any other document, without any reservation.
Each order placed by the Client shall be preceded by a free quote issued by the Service Provider based on the documents to be translated or information provided by the Client.
The quote includes:
III. Acceptance of the quote
To firmly and definitively confirm an order, the Client must accept the quote. A quote cannot be accepted orally.
If the service provider does not receive the order confirmation, the Service Provider reserves the right not to commence work on the project concerned.
If confirmation of the order is not received within one (1) month, the quote shall be considered null and void.
The service Provider reserves the right, after informing the Client, to charge an additional fee and/or not to adhere to the delivery date on the initial quote in the following cases:
The Service Provider reserves all rights relating to any decision concerning discounts, reductions, or decreased rates for large projects, by a fixed rate or a percentage. Any decision of this nature applies solely to the concerned quote and shall not entitle the Client to claim the same rights or rates for future services.
Concerning proof of the acceptation of the quote, 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 one thousand (1000) Euros excluding taxes may be subject to a deposit of fifty percent (50%). This being the case, work shall begin only once the payment has been cleared.
Any delivery date or dates mentioned on the quote shall become binding only once the Service Provider has received all the documents to be translated and if the Client has confirmed his/her order as specified in paragraph III above within the timeframe given at the time the quote is sent. After that time, the delivery date may be revised depending on the Service Provider's workload.
VII. 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 any 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.
VIII. The Client's obligation
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 the delivery is late.
The Client has seven (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. Any other means of delivery or format must be expressly agreed to by the parties and may result in additional fees.
The Service Provider's liability is strictly limited to the amount of the related invoice.
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 purposes 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.
XII. Corrections and Proofreading
In the event of disagreements about certain aspects of the translation, the Service Provider reserves the right to correct the aspects in cooperation with the Client. Unless otherwise specified in writing, all corrections will result in additional charges to be billed at the prevailing rate.
Unless otherwise specified on the quote:
In the event of payments from abroad, all conversion and banking fees are the Client's full responsibility.
Translations remain the property of the Service Provider until payment has been received in full.
Before submitting a document for translation, 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 prior written permission from the party holding the copyrights.
If these conditions have not been ensured by the Client, the Service Provider may under no circumstances be held responsible or in any way liable if all or a portion of the documents to be translated infringe the Intellectual Property rights or any third-party rights, or violate any applicable law or regulation. In such case, the Client alone will be liable for any compensation due and the financial consequences of his/her own negligence.
Furthermore, the Client acknowledges that the translation is a new document and that the related copyright is held jointly by the author of the original document and the Service Provider. Consequently, if the translation is of a literary or artistic nature, the Service Provider reserves the right to require, under France's Intellectual Property Code (Paragraph L.132-11), that the Service Provider's name be mentioned on any copies or publications of the translation.
In the event the Client has given written notice to cancel an order in progress after having confirmed an order, the Client is to pay the full amount of the work already completed and half (fifty percent) of the uncompleted amount.
XVI. Complaints and Disputes
In the event of a complaint or a dispute, the parties agree to attempt to resolve the matter amicably. The Parties agree to do everything within their power to find a solution together. The Party agrees to notify the other party of any complaint or dispute by registered mail and to not bring the matter before a court for four (4) months. Any measures taken against this obligation will be considered non receivable or at the least, will be considered an obstacle for the amicable settlement resulting in the payment of one thousand five hundred (1 500) Euros to the other party.
Note: This is a free translation of the original French Terms of Sale (Conditions Générales de Vente). In the event of litigation, only the French version shall be considered binding under French Law.
© Libby Rose Geisler 2014