General conditions for the provision of services recommended by the SFT - translation work

These general terms and conditions for the provision of services present the rights and obligations of Alice Salmon, which operates under the trade name: Alice Salmon Translating, SIRET no. 884 861 923 00016, the "Service Provider", on the one hand, and any individual or legal entity wishing to benefit from its services, the "Customer", on the other hand.

1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS - ENFORCEABILITY

Any order placed implies the Client's full and unreserved acceptance of these general terms and conditions for the provision of services to the exclusion of any other document.

No particular condition may, unless a formal and written exception appears on the order form that has become firm and definitive, take precedence over these general conditions for the provision of services.

The performance of any service by the Service Provider implies the Client's acceptance of these general terms and conditions, and the waiver of its own general terms and conditions of purchase. Any condition to the contrary will therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to its attention.

The fact that the Service Provider does not avail itself at any time of any one of these general conditions for the provision of services cannot be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.

2. PLACING OF ORDERS/QUOTES

Each order from the Client is generally preceded by a free quote, drawn up by the Service Provider on the basis of the documents to be translated provided or information communicated by the Client.

The quotation sent by the Service Provider to the Client, by post or e-mail, specifies in particular:

  • The number of pages or words to be translated;
  • The language of the translation;
  • How the price of the translation service is to be determined. The translation is invoiced either on a flat-rate basis, on a time-spent basis, or on the basis of the Service Provider's rate in force on the day the quotation is drawn up, in particular per source word (i.e. per word contained in the text to be translated) or per target word (i.e. per word contained in the translated text) according to the breakdown provided by the Microsoft Word software (or any other mutually agreed tool), per line or per page;
  • The delivery deadline for the translation service;
  • The format of the documents to be translated in the event of a specific layout request for the document delivered;
  • Any price increases that may be applied, in particular due to urgency, specific terminological research or any other request that goes beyond the usual services provided by the Service Provider.

In order to confirm his order in a firm and definitive manner, the Client must return the quotation to the Service Provider without any modification, either by post or by e-mail, signed with the mention "Good for agreement". If the Service Provider does not receive acceptance of the quote, the Service Provider reserves the right not to commence work.

If the order is not confirmed in accordance with the terms and conditions set out above within the period indicated on the quotation or, failing this, within 3 (three) months from the date on which the quotation was sent, the quotation shall be deemed to be null and void.

The Service Provider reserves the right, after having informed the Client, to increase the prices of the services and/or not to respect the delivery date indicated on the Client's initial order confirmation, in particular in the following cases:

  1. The modification or addition of additional documents by the Client after the Service Provider has drawn up the quotation. In this case, the Service Provider reserves the right to adjust the rate according to the volume of additional text to be processed that is observed or requested;
  2. The absence of documents when the quote was drawn up (if the quote had to be drawn up by simply communicating the approximate number of words and an extract of the content to be processed).

In the absence of the Client's express agreement to these new delivery and/or invoicing conditions, the Service Provider reserves the right not to commence work.

Unless otherwise agreed in the quotation, the costs incurred in the performance of the service (travel, express mail, etc.) shall be borne by the Client.

Any decision to discount, reduce or apply degressive rates, based on a percentage or a flat rate (per page or per hour), remains at the sole discretion of the Service Provider, and only for the service that is the subject of the discount, reduction or degressive rate. Any discounts or rebates granted to the Client shall in no case give rise to an acquired right for subsequent services.

In the event that no prior quotation has been sent to the Client by the Service Provider, orders are placed by simple exchange of e-mails and translation services are invoiced in accordance with the basic rate usually applied by the Service Provider or any other rate agreed between the Service Provider and the Client in the exchange of e-mails. Any written validation by the Client of the deadline communicated by the Service Provider is deemed to be an order.

3. PROOF

For the purposes of proof of the existence of this acceptance of a quotation, the Client agrees to consider as equivalent to the original and as perfect proof, the electronic mail, the copy and the computer support.

4. ACCOUNT

For any first project or amount exceeding 500 (one hundred) euros, 30% of the sum must be paid at the time of order, 30% on delivery and the balance on the due date.

In these cases, the execution of the services will only begin after the down payment has been received.

5. DELIVERY TIME

Subject to receipt by the Service Provider of all the documents that are the subject of the translation service, the delivery time given as an indication and mentioned on the quotation is only applicable if the Client confirms his order in accordance with the terms and conditions defined in Article 2 above within 3 (three) working days of receipt of the quotation. After this period, the delivery date may be revised according to the Service Provider's workload.

6. OBLIGATIONS OF THE SERVICE PROVIDER

The Service Provider shall endeavour to produce the translation as faithfully as possible in relation to the original and in accordance with the practices of the profession. He shall make every effort to take into account and integrate into the translation the information provided by the Client (glossaries, plans, drawings, abbreviations, etc.). The Service Provider declines all responsibility in the event of any inconsistency or ambiguity in the original text, the verification of the technical consistency of the final text being the sole responsibility of the Client.

7. OBLIGATIONS OF THE CLIENT

The Client undertakes to provide the Service Provider with all the texts to be translated and any technical information necessary for their understanding and, where applicable, the specific terminology required. If the Client fails to inform the Service Provider, the Service Provider cannot be held responsible for any non-compliance or failure to meet deadlines.

The Client has a period of 10 (ten) working days from receipt of his translated or proofread documents to express in writing any disagreement concerning the quality of the service. After this period, the service is considered to have been duly executed and no dispute can be accepted. To this end, the client agrees to consider as proof of delivery any acknowledgement of receipt by post or e-mail.

8. CONFIDENTIALITY

The Service Provider undertakes to respect the confidentiality of any information brought to its attention before, during or after the performance of its service. Originals are returned to the Client upon written request.

The Service Provider cannot be held liable for any interception or misappropriation of information during the transfer of data, in particular via the Internet. Consequently, it is the Client's responsibility to inform the Service Provider, prior to or at the time of the order, of the means of transfer that it wishes to see implemented in order to guarantee the confidentiality of any sensitive information.

9. FORMAT

The translation is delivered by e-mail in Word format. On request, it can also be delivered in hard copy by post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.

10. LIABILITY

The Service Provider's liability is limited solely to the amount of the invoice concerned.

In no event shall the Service Provider be held liable for claims based on nuances of style.

It is specified that delivery times are only given as an indication, as failure to comply with them cannot, in principle, result in penalties for delay. In any event, the Service Provider shall not be held liable for any direct or indirect damage caused to the Client or third parties due to a delay in delivery caused by force majeure or a possible delivery problem.

11. CORRECTIONS AND PROOFREADING

In the event of disagreement on certain points of the service, the Service Provider reserves the right to correct this in cooperation with the Client.

If the translation is to be edited, the Service Provider must receive the print proof for proofreading.

Unless otherwise agreed in writing, any correction or proofreading shall be subject to an additional charge based on the applicable word rate or hourly rate.

12. PAYMENT METHODS

Unless special conditions are specified on the quotation, invoices are net, without discount and are payable within 30 (thirty) days end of month from the date of issue of the invoice.

In the event of payment by cheque or bank transfer from abroad, all exchange and bank charges are subject either to a fixed surcharge specified on the quotation or to full re-invoicing to the Client.

The translation remains the property of the translator until full payment has been received.

For professional clients only, it should be specified that in the event of late payment, orders in progress are automatically interrupted until full payment is made and the Client is liable, without prior formal notice being required, in accordance with Article L.441-5 of the French Commercial Code, for late payment interest calculated at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, applied to the amount of the invoice in question, as well as a fixed compensation for collection costs of 40 euros.

13. INTELLECTUAL PROPERTY

Before submitting a document for translation to the Service Provider, the Client must ensure that he has the right to do so. He must therefore be the author of the original document or have obtained prior written permission for translation from the copyright holder of the document.

Failing this, the Service Provider cannot in any way be held liable if all or part of the documents entrusted by the Client infringes the intellectual property right or any other right of a third party or any applicable regulation. In such a case, the Client shall be solely liable for any damages and financial consequences arising from his sole negligence.

Furthermore, the Client acknowledges that the translation produced by the Service Provider constitutes a new document whose copyright is jointly owned by the author of the original document and the Service Provider. Consequently, in the case of services of a literary or artistic nature, and without prejudice to its economic rights over its work, the Service Provider reserves the right to require that its name be mentioned on any copy or publication of its service, in accordance with article L.132-11 of the Intellectual Property Code.

14. CANCELLATION

In the event of cancellation of an order in progress, for whatever reason, notified in writing to the Service Provider, the Client shall be invoiced for 100% (one hundred percent) of the work already carried out and 30% (thirty percent) of the work remaining to be carried out.

15. AMICABLE SETTLEMENT

The parties undertake, in the event of a dispute of any nature whatsoever and before any legal action, to submit to an attempt at conciliation.

To this end, as of the occurrence of the disputed fact, the parties undertake to jointly refer the matter to the SFT Arbitration Committee by LRAR with a copy by LRAR to the other party.

The parties undertake to do their utmost to ensure that this conciliation has every chance of succeeding. They undertake to show all necessary good faith. They also undertake not to refer the matter to a judge during the 4 (four) months following the referral to the Committee and acknowledge that any referral made in contradiction with this obligation may be considered as an obstacle to any amicable settlement of the dispute and justifies the payment to the other party of an indemnity of 1,500 (one thousand five hundred) euros.

16. APPLICABLE LAW - COMPETENT JURISDICTION

These general conditions are subject to French law and must be interpreted in accordance with it. In the absence of an amicable settlement in accordance with article 15 above, the parties hereby grant exclusive jurisdiction to the French courts to settle any dispute relating to the provision of services and these general conditions.

17. PERSONAL DATA

As part of her service, the Translator collects personal data about the Client (title, surname, first name, company name, postal address, telephone number, e-mail). This data is used to send the Client, on the one hand, quotes, invoices and information necessary for the service and, on the other hand, promotional messages about the Translator's services.

The data collected is subject to computer processing by the Translator and is kept securely for the purpose of carrying out the service, which is the subject of these general terms and conditions, and by virtue of legal and regulatory obligations.

The person responsible for data processing and protection is Mrs Alice Salmon - postal address: 53 Rue Bertrand de Born 34 080 Montpellier - e-mail: alicesalmon.translating@gmail.com . Access to personal data will be strictly limited to her.

The information collected may possibly be communicated to a third party linked to the Translator's company by contract for the performance of sub-contracted tasks (hereafter, "the Subcontractor"). In this case, the Client will have been informed of the said activities, as well as of the Subcontractor's identity and contact details.

The Subcontractor is obliged to comply with these general terms and conditions. It is the Translator's responsibility to ensure that the Subcontractor provides the same sufficient guarantees as regards the implementation of appropriate technical and organisational measures to ensure that the processing meets the requirements of the European Data Protection Regulation.

The Translator declares that she keeps a written record of all categories of processing activities carried out on behalf of the Client.

In the event of a data breach, the Translator shall inform the Client as soon as possible and, within 72 hours of becoming aware of it, shall notify the breach to the Commission Nationale de l'Informatique et des Libertés (French Data Protection Authority).

In accordance with Law no. 78-17 of 6 January 1978 relating to data processing, data files and liberties, as amended by Law no. 2004-801 of 6 August 2004, and by European Regulation no. 2016/679/EU, the Client has the right to access, rectify, erase, and make available data concerning him/her, as well as the right to object to the processing for legitimate reasons, rights which he/she may exercise by contacting the data controller at the postal or email address mentioned above, enclosing valid proof of his/her identity.

For further information and in the event of a complaint, the Customer may contact the Commission Nationale de l'Informatique et des Libertés (www.cnil.fr).

Personal data is kept for five years after the end of the current year. If at the end of this period no business relationship has been established, they will be deleted from the Translator's servers.

However, once the Client has placed an order, and even in the event of a request for deletion of an account, the Translator is obliged to keep the personal data appearing on invoices and order forms for 10 years from their date of issue (article L-123-22 of the French Commercial Code).

In the event of disputes, the French version of General conditions for the provision of services is authoritative.