Last updated on 1st of September 2022
1. General Provisions
These General Terms and Conditions for Sale of Services (hereinafter referred to as the “T&C”) are applicable to the Services provided by Estelle Franceschi, holder of SIRET number 879 386 175 000 19 (hereinafter, the “Translator”). These T&C shall govern all quotations, orders, invoices and, more generally, all commercial relations between the Translator and the Client relating to translation, proofreading or editing services (hereinafter the “Services”). The fact that the Client orders and/or benefits from the Services implies full, complete and unconditional acceptance of the T&C, to the exclusion of any general terms and conditions of purchase or any other document issued by the Client, unless special express and written conditions are agreed between the Client and the Translator.
2. Purchase order/ Quotation
Each order for Service(s) shall be preceded by a free quotation made by any written means (including by e-mail) by the Translator, based on the documents and information provided by the Client. The Translator’s quotation shall specify, in particular, the price of the Service, its delivery date, and the deadline for acceptance of the quotation by the Client.
To confirm the order in a firm and definitive manner, the Client must return to the Translator by any written means (including by e-mail), the corresponding quotation dated and signed without any modification with the handwritten mention “Bon pour accord”, before the acceptance deadline appearing in the quotation. After this deadline, the quotation automatically becomes null and void. For the purposes of proving the existence of this acceptance of the quotation, the Client agrees to consider the e-mail, copy and computer medium as equivalent to the original and as perfect evidence.
Any modification of the order (e.g. modification or addition of Services) subsequent to the acceptance of the quotation by the Client requires an amendment to the initial quotation, modifying the financial, invoicing and delivery conditions of the order. If the Client fails to sign said amendment, the Translator reserves the right to suspend the performance of the order until the Client accepts the new quotation and these new conditions.
3. Deposit
For certified translations, all approved orders are subject to a minimum deposit of 50% (amount specified on the quotation), or, depending on the case, to the payment of the full amount of the order. In such case, the performance of the Service will begin only after receipt of the deposit or the amount due. The balance, if any, will be paid once the Service has been delivered or performed.
For non-certified translations, any order for which the amount exceeds 300 (three hundred) euros may be subject to a request for a deposit, the percentage of which is specified on the quotation. In this case, the execution of the services shall not begin until the deposit has been received.
4. Corrections and proofreading
In the event of disagreement on certain points of the Service, the Translator reserves the right to correct it in cooperation with the Client.
Unless otherwise agreed in writing, any correction or proofreading shall be invoiced additionally on the basis of the current hourly rate.
5. Obligations of the Translator
The Translator shall use her best efforts to perform her Services in accordance with the professional standards. The Translator shall make every effort to integrate into the translation the information provided by the Client (e.g. glossary). The Translator accepts no liability for any inconsistency or ambiguity in the original text, as the verification of the technical consistency of the final translation is the sole responsibility of the Client.
6. Obligations of the Client
The Client shall provide the Translator with all the texts to be translated, as well as all the information/documents necessary for the performance of the Service and, where applicable, the terminology specifically required. Should the Client fail to inform the Translator, the latter shall not be held responsible for any non-conformity or failure to meet the agreed deadlines.
The Client shall have a period of 10 (ten) working days from receipt of the translated or proofread documents to express in writing any disagreement with the quality of the Service. After this period, the Service is considered to have been duly performed 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.
7. Confidentiality
The Translator shall keep confidential the information provided to her knowledge prior to, during or after the performance of the Service.
The Translator shall not be held responsible for the interception or misappropriation of information during the transfer of data, notably via the Internet.
Therefore, if stricter confidentiality obligations are to be observed in the processing of certain documents, the Client shall notify related instructions to the Translator when placing the order and, if necessary, provide to the latter the programs, codes and passwords to be used.
8. Liability
In any event, the Translator’s liability shall be limited exclusively to the amount actually paid by the Client for the Service performed and mentioned in the relevant invoice. The Translator shall not be liable for the content of the documents provided for the Services, whether they are the property of the Client or not, in the event of a complaint by the Client based exclusively on stylistic nuances, or in the event of delay or non-performance of the Services due to a case of force majeure, as usually accepted by French courts.
9. Terms of payment
Unless special conditions are expressly provided for in the quotation, invoices are exclusive of tax, without discount and payable on receipt. In the event of payment by bank transfer from abroad, all exchange or bank charges shall be borne by the Client. In the event of late payment, orders in progress may be automatically suspended until full payment has been made and the Client shall be liable, without prior formal notice being required, in accordance with Article 441-6 of the French Commercial Code, for late payment penalties calculated at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, applied to the total amount of the invoice concerned, excluding tax, as well as a flat-rate indemnity for collection costs of 40 euros.
The translation shall remain the property of the Translator until full payment of the relevant invoice.
10. Intellectual Property Rights
Under no circumstances shall the Translator be held liable if all or part of the documents provided by the Client infringe the intellectual property rights or any other rights of third parties or any other applicable laws or regulations.
11. Cancellation
In the event of cancellation of an order in progress for any reason whatsoever, notified in writing to the Translator, the Client shall be invoiced for the work already carried out at 100% and for the work remaining to be carried out at 50% of the total amount of the order, excluding VAT.
12. Protection of personal data
The Translator shall protect the personal data (hereinafter the “Data”) of the Client, which are processed in the context of the performance of its order(s), in compliance with applicable regulations on personal data protection and, in particular, the General Data Protection Regulation (EU Regulation 2016/679) and the French “Data Protection Act” of January 6, 1978 as amended.
The Client is hereby informed and agrees that the Translator collects and processes Data concerning the Client and its collaborators (in particular name, first name, postal address, e-mail address, telephone number) for the purpose of managing the commercial relationship with the Client, including in particular prospecting, invoicing and delivery of the Services to the Client, management of related payments (including unpaid invoices), associated accounting as well as handling of complaints and disputes.
Such Data are only transferred to third party partners or service providers who are required to intervene in the context of the above-mentioned purposes (for example, accounting management or maintenance of the applications used) or authorized third parties and authorities empowered by virtue of the legislative and/or regulatory provisions.
The Client has the right to access to its Data, to obtain their rectification, portability and deletion and request limitation of their processing. The Client may also object on legitimate grounds to the processing of its Data. The Client or one of its collaborators may exercise these rights by sending an e-mail to the Translator at info@eftraduction.com together with a valid copy of a signed identity document.
The Translator retains the Client’s Data for a period not exceeding 3 years after the end of the contractual relationship or, if no contractual relationship has been entered into, after the last contact made at the Client’s request, and if required for evidentiary purposes, for the duration of the applicable limitation periods.
13. Applicable Law – Dispute Resolution
These General Terms and Conditions for Sale of Services are governed by French law. Failing an amicable settlement, any dispute relating to the interpretation and execution of these T&C shall be submitted to the Commercial Court of Versailles (France).
