GENERAL TERMS AND CONDITIONS OF SERVICE DELIVERY
These general terms and conditions of service delivery provide the rights and obligations of Germain Alemany, translator, SIRET 794 439 489 (the 'service provider'),
firstly,
and any natural or legal person wishing to benefit from his services (the 'customer'),
on the other hand.
1. APPLICATION OF THESE GENERAL TERMS - OPPOSABILITY
Any order placed implies the full and unreserved acceptance of the customer to these general conditions of service delivery, in exclusion of any other document.
No special condition may, except formal and written exception appearing on the order form, firm and definitive, prevail over these general conditions of service delivery.
The performance of any service by the service provider implies on the part of the customer the acceptance of these terms and conditions, and the waiver of its own general conditions of purchase. Any condition to the contrary will therefore be, in the absence of express acceptance, unenforceable against the service provider, regardless of when it was brought to its attention.
The fact that the service provider does not prevail at a time of any of these general terms and conditions of service delivery, can not be interpreted as waiving the right to use any of these conditions at a later date.
2. ORDERING / ESTIMATE REQUEST
Each order from the customer is usually preceded by a free estimate, drawn up by the service provider, based on the documents to be translated or on information provided by the client.
The quote sent by the service provider to the customer, by post, fax or e-mail, specifies in particular:
- The number of pages or words subject to translation;
- The language of translation;
- The methods for determining the price of the translation service. The latter is billed either in a lump sum manner, or in the past time, or again on the basis of the tariff of the provider in force on the day of the realization of the estimate, in particular with the word source number (that is to say by words contained in the text to be translated) or to the target word nuber (that is to say by words contained in the final translated text) according to the count proposed by SDL Trados Studio software (or any other tool agreed upon by mutual agreement), line or page;
- The delivery time of the translation service;
- The format of the documents to be translated, in case of request for specific layout of the delivered document;
- Any price increases applied in particular due to urgency, specific terminological researches or any other request out of the usual services provided by the service provider.
To confirm his order firmly and definitively, the customer must return to the service provider the estimate without any modification, either by mail or fax signed with the mention 'oK for agreement' when the quote was sent to him by fax or by post or by e-mail with the expression of his consent when the estimate was sent to him by e-mail. Failing receipt of the acceptance of the quote, the service provider reserves himself the right not to start his work.
In the absence of confirmation of the order, according to the modalities defined above within the time indicated on the estimate or failing this within a period of 3 (three) months from the date of dispatch of the estimate, the estimate shall be considered null and void.
The service provider reserves himself the right, after having informed the customer, to increase the rates of the services and/or to not respect the delivery date appearing on the initial confirmation of customer's order, and this, in particular in the following cases:
- Modification or addition of additional documents by the customer after the quote has been drawn up by the service provider. In this case, the service provider reserves the right to adjust the rate according to the volume of additional text to be processed, or requested;
- Absence of documents when drawing up the estimate (if the quote had to be done simply by communicating the approximate number of words and an extract of the content to be processed).
In the absence of express agreement of the customer on these new conditions of delivery and/or billing, the service provider reserves the right not to start its service. Unless otherwise agreed on the quote, the costs incurred for the performance of the service (travel, sending express mail, etc.) are the responsibility of the Customer.
Any decision to remit, reduce or apply decreasing rates, according to a percentage or a flat rate (on the page, line or time of work), remains at the sole discretion of the service provider, and this, only for the service which is the object. Any discounts or rebates that may be granted to the customer can not, in any case, give rise to a right acquired for subsequent services.
In the event that no prior estimate has been sent to the customer by the service provider, orders are placed by simple exchange of emails and translation services are billed in accordance with the basic rate usually applied by the service provider or any other agreed price between the latter and the customer in the exchange of e-mails. Any validation by the customer of the deadline communicated by the provider is worth order.
3. PROOF
For the purpose of proving the existence of this acceptance of an estimate, the client agrees to consider as equivalent to the original and as perfect evidence, the fax, the electronic mail, the copy or the computer support.
4. ADVANCE PAYMENT
Any order whose amount, excluding taxes, exceeds 1,000 (one thousand) euros may be subject to a deposit request whose percentage is specified on the quote. In this case, the performance of the services begins only after receipt of the deposit.
In the case of a long-term service provision or involving several partial deliveries, the service will be subject to partial payments, defined by mutual agreement.
5. DELIVERY TIME
Subject to receipt by the service provider of all documents covered by the translation service, the delivery period, given as an indication and mentioned on the quotation is only applicable if the customer confirms his order according to the terms defined in article 2 above, within a period of 3 (three) working days from receipt of the estimate. 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 endeavors to carry out the translation with the greatest fidelity compared to the original text and in accordance with the practices of the profession. It makes every effort to take into account and integrate into the translation the information provided by the customer (glossaries, plans, drawings, abbreviations, etc.). The service provider declines any responsibility in the event of inconsistency or ambiguity of the original text, the verification of the technical coherence of the final text being the sole responsibility of the customer.
7. CUSTOMER OBLIGATIONS
The customer undertakes to make available to the service provider all the texts to be translated and any technical information necessary for their understanding and, where appropriate, the specific terminology required. In case of failure of the customer to inform the service provider, the latter can not be held responsible for any non-compliance or exceeding the deadlines.
The customer has a period of 10 (ten) working days from the receipt of its translated or re-read documents to express in writing any disagreement concerning the quality of the service. After this period, the service is considered as having been duly executed and no dispute can be admitted, for this purpose. The customer admits to consider as proof of delivery any acknowledgment of receipt by post, fax or email.
8. PRIVACY
The service provider undertakes to respect the confidentiality of the information brought to its attention before, during or after the performance of its service. The originals are returned to the customer upon written request.
The liability of the service provider can not be engaged because of an interception or a diversion of information during the transfer of data, particularly via the Internet. Therefore, it is up to the customer to inform, before or during the order, the service provider of the means of transfer that he wishes to see implemented in order to guarantee the confidentiality of any sensitive information.
9. FORMAT
The translation is delivered by email in Word format. On request, it can be delivered by fax or printed paper sent by post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.
10. RESPONSIBILITY
The liability of the service provider is limited only to the amount of the invoice concerned.
In any case, the service provider can not be held responsible for claims motivated by nuances of style.
It is specified that delivery times are only indicative, their non-compliance can not, in principle, lead to penalties for delay. In any case, the liability of the service provider can not be engaged because of direct or indirect damage caused to the customer or to third parties due to a delay in delivery due in particular to a case of force majeure, or to a possible problem of routing.
11. CORRECTIONS AND READINGS
In case of disagreement on certain points of the service, the service provider reserves the right to correct this in cooperation with the customer.
When the translation is to be published, the service provider must receive printer's proofs to proofread before publication.
Unless otherwise agreed in writing, any correction or proofreading is billed additionally on the basis of the current hourly rate.
12. PAYMENT TERMS
Unless otherwise specified in the specifications, the invoices are net, without discount and are payable within 30 (thirty) days from the date of issue of the invoice.
In the case of payment by check or bank transfer from abroad, the full exchange and bank fees give rise either to a flat-rate increase specified on the quote, or to a full billing to the customer.
The translation remains the property of the translator until full payment.
13. INTELLECTUAL PROPERTY
Before submitting a copyrighted document for translation to the service provider, the customer must ensure that he has the right to do so. It must therefore be the author of the original document or have obtained the prior written permission for translation from the copyright holder of the document.
Otherwise, the service provider can not in any way be held responsible if all or part of the documents entrusted by the customer violating the intellectual property right or any other right of a third party or any applicable regulations. In such a case, the customer alone would assume the possible damages and the financial consequences that would result from his negligence alone.
In addition, the customer acknowledges that the translation produced by the service provider constitutes a new document whose copyrights are co-owned by the author of the original document and the service provider. Accordingly, in the case of services of a literary or artistic nature, and without prejudice to his economic rights in his work, the service provider reserves the right to require that his name be mentioned on any copy or publication of his performance, in accordance with the article L.132-11 of the French intellectual property code.
14. CANCELLATION
In the event of cancellation of an order in progress, whatever the cause, served in writing to the service provider, the work already done is invoiced to the client up to 100% (one hundred percent) and the remaining work to carry out 50% (fifty percent).
15. AMICABLE SETTLEMENT
The parties undertake, in the event of litigation of any nature whatsoever and before any action in court, to submit to an attempt at conciliation.
The parties undertake to do their utmost to ensure that this conciliation is likely to succeed. They undertake to show all the necessary good faith. They undertake also not to seize a judge during the 4 (four) months following the beginning of the conciliation and admit that any seizure operated in contradiction to this obligation can be analyzed as a plea of inadmissibility or to default, in an obstacle to any amicable settlement of the dispute and justifies the payment to the other party of compensation 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 a friendly settlement pursuant to the article #15 above, the parties assign exclusive jurisdiction to the French courts to settle any dispute over the service delivery and the present terms and conditions.
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+33 7 68 52 74 00 
+33 9 89 15 74 84 
contact@germain-alemany.fr
