Global Lingua Net (Service Provider)
1. GENERAL CONDITIONS – OPPOSABILITY
Each order shall imply the full and unconditional acceptance, without reservations, by the Client of the present general conditions of sale, with the exclusion of any other documentation.
No special conditions may, unless otherwise stated definitively in writing on the order, act as a claim against the conditions of sale.
Each assignment carried out by the Service Provider for the Client shall imply the acceptance of the present general conditions, and as a waiver on their own general conditions of sale. Any contrary condition shall be, in the absence of express agreement, invoked against the Service Provider, regardless of when it has been brought to their knowledge.
The fact that the Service Provider does not prevail at some point in any of these conditions of sale shall be construed as a waiver to take later advantage of any of those conditions.
2. PROCUREMENT OF ORDERS/ QUOTES
Each Client order shall be preceded by a free quote, drawn up by the Service Provider, on the basis of documents provided to be translated or on information given by the Client.
The quote shall be sent to the Client by the Service Provider, via post, fax or email, outlining the following information:
- Number of words for translation;
- Language of translation;
- The means of determining rates for translation services. Rates shall be fixed, either on the basis of a price agreed for a previous assignment or on the basis of a price (from the Service Provider) in place on the day the quote is drawn up, notably by source word (i.e. by words contained in the text to be translated) or by target word (i.e. by words contained in the translated text, if the number of source words cannot be calculated) from the count proposed by Microsoft Word software (Tools, Statistics, ‘Word Count’);
- Deadline for delivery of the translation;
- Format of documents to be translated, for layout, as specified by the Client;
- Any final increases in price applied due to urgency, specific terminological research or any other request outside of the scope of usual assignments carried out by the Service Provider.
Orders must be definitively confirmed. Clients must return the quote to the Service Provider without any modification, either by post or fax, signed with “as agreed” when the quote has been sent by fax or by post, either by a return email expressing their agreement when the quote has been sent to them by email. In the absence of receipt of acceptance of the quote, the Service Provider shall not begin work on the assignment.
In the event that there is no confirmation of the order according to the terms defined above in a time period of 2 (two) months starting from the date of sending the quote, it shall be deemed void. The Service Provider reserves the right, after having informed the Client, to increase any rates and/or change the delivery date as outlined in the initial confirmation of the order from the Client under the following circumstances:
- Modifications or the addition of supplementary documents by the Client after the quote has been drawn up by the Service Provider and accepted by the Client, in which case the Service Provider reserves the right to adjust the rate depending on the volume of the supplementary text;
- The absence of documents at the time of drawing up the quote. If the quote has been drawn up on simple communication of the approximate number of words or an extract of the text to be translated.
In the event that there is no express agreement by the Client on these new delivery conditions and/or invoicing, the Service Provider reserves the right to delay commencement of the assignment.
Unless expressly indicated in the quote, any expenses incurred in carrying out the assignment (transfers, couriers, etc.) shall rest with the Client.
Any decision to offer a discount, reduction or application of prices on a sliding scale, according to a percentage or a fixed rate (per word, line or page), shall remain at the discretion of the Service Provider and shall be in place only for this assignment. Final discounts or deductions agreed for the Client shall not be carried forward for any future assignments.
In the event that no prior quote has been drawn up for the Client by the Service Provider, translation assignments shall be billed in such a way that conforms to a base price normally applied by the Service Provider.
On validation of acceptance of a quote, the Client shall consider as equivalent to the original and as complete validation faxes, emails, copies and electronic/ media storage devices.
Any order of which the amount after tax is 1000 euros or more shall be subject to a request for a deposit of which the percentage shall be specified in the quote. In this case, no work on the assignment shall begin until there is receipt of the deposit.
5. DELIVERY TIME
Subject to receipt by the Service Provider of all documents relevant to the translation assignment, the delivery time mentioned in the quote shall only be applicable on the condition that the Client confirms their order according to the terms defined in article 2 above in a time period of 3 (three) working days starting from the date of receipt of the quote. Should this time period lapse, the date of delivery may be revised, dependent on the workload of the Service Provider.
6. SERVICE PROVIDER OBLIGATIONS
The Service Provider shall endeavour to carry out the translation with the highest levels of fidelity to the original and shall conform to the standards of the profession. The Service Provider shall make every effort to accommodate and integrate into the translation the information provided by the Client (glossaries, plans, images and graphics, abbreviations,). The Service Provider shall bear no responsibility for incoherence or ambiguity within the source text. Checking of technical coherence of the final text shall remain the sole responsibility of the Client.
7. CLIENT OBLIGATIONS
The Client shall undertake to provide the Service Provider with all texts to be translated and all technical information necessary for the complete comprehension of the text and, if applicable, specific terminology required. In the event that the Client fails to fulfil their obligation to provide the Service Provider with all necessary information, the Service Provider shall bear no responsibility for any eventual non-conformities or any overrunning of the allotted time period.
The Client shall have 7 (seven) working days from receipt of the translated or proofread documents to raise any issues (in writing) concerning the quality of the assignment. After this period, the assignment shall be considered as having been duly executed and no further issues shall be considered. To this effect, the client shall agree to consider as proof of delivery any acknowledgment of receipt by post, fax or email.
The Service Provider shall endeavour to respect the confidentiality of all information seen by them before, during or after carrying out the assignment. The originals shall be returned to the Client on request.
Liability shall sit with the Service Provider as a result of interception or misuse of information when transferring data, including the Internet. Thus, it shall be the responsibility of the Client to inform, prior to or on request, the Service Provider of the means of delivery to be implemented to ensure the confidentiality of all sensitive information.
Translations shall be delivered by email in Word format. On request, they may be delivered by fax or by courier, accompanied by a CD. Any other method of delivery or format shall be expressly agreed between both parties and may be subject to additional charges.
Should the case arise, Service Provider liability shall be limited to the amount of the charges concerned.
The Service Provider shall under no circumstances be held responsible for any claims motivated by stylistic nuance.
It shall be specified that delivery times are indicative; their non-observance may lead to penalties for delays. In any event, the Service Provider's liability shall not be incurred as a result of direct or indirect damages caused to the Client or any third party due to a delay in delivery due, in particular, to cases of force majeure, or any delay in delivery by e-mail or fax.
11. CORRECTIONS AND REVISIONS
In the case of there being a lack of agreement on certain points of the assignment, the Service Provider shall reserve the right to correct them in cooperation with the Client.
Should the translation be subject to editing, the Service Provider shall receive printing proofs for review.
Unless expressed otherwise in writing, any correction or revision shall be subject to a supplementary charge on the basis of prices already in place.
12. METHODS OF PAYMENT
Except under conditions expressly specified in the quote, invoices shall be understood to be net, without any discount and payable within 30 (thirty) days from the issuing of the invoice. In the case of payment by cheque or bank transfer originating from abroad, all banking or exchange charges shall entail either a fixed rate increase, specified in the quote, or an additional charge to the Client.
In the case of a delay in payment, any orders currently in progress shall be halted until complete payment has been made and the client shall be liable, without any prior notice, to pay interest calculated at the rate of one and half times the statutory rate of interest in force applied to the amount of the invoice in question.
The translation shall remain the property of the Service Provider until full payment has been received.
13. INTELLECTUAL PROPERTY
Before submitting a document for translation to the Service Provider, the Client must ensure that they have full rights to have the document translated. Permission must be obtained from the author of the original document prior to translation.
Failure to obtain permission shall mean that the Service Provider shall not be held responsible if all or part of the documents provided by Client infringe intellectual property rights or any other third-party rights or other applicable regulations. Where appropriate, the Client shall accept only eventual damages and the financial consequences which may result from such negligence.
Furthermore, the Client shall acknowledge that the translation by the Service Provider shall constitute a new document of which the rights of the author shall be equally shared by both the author of the original document and the Service Provider. Thus, in the case of assignments of a literary or artistic nature, and without prejudice to the rights of their work, the Service Provider shall reserve the right to request that their name be included on all publications of the assignment, conforming to the Intellectual Property Code, paragraph L.132-11.
In the event of cancellation of an assignment already in progress, for whatever reason, and with the Service Provider having been informed in writing, any work already completed shall be billed to the Client at 100% (one hundred per cent) and the remaining work to be completed shall be billed at 50% (fifty per cent).
15. CONCILIATION AND ARBITRATION
In the event of any issues regarding the interpretation or execution of these terms, all parties shall endeavour for conciliation outside of the courts. The parties shall endeavour to do their utmost for a successful resolution during this conciliation. They shall endeavour to act in good faith at all times. Should conciliation fail, all parties may call for arbitration.