General Terms and Conditions for the provision of Service (CGPS)
Translation & other linguistic_creative projects
These General Conditions for the Provision of Services set out the rights and obligations of Bruno Carlier - freelance translator / interpreter - SIRET identifier 500 328 851 00026 (the “Service Provider” or “Translator”), on the one hand, and any natural or legal person wishing to benefit from its services (the "Client"), on the other hand.
1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS - ENFORCEABILITY
Any order placed implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Service to the exclusion of any other document.
No particular condition may, except in the case of a formal and written exception appearing on a final and accepted quote, prevail over these General Terms and Conditions of Service.
The performance of any service by the Translator, also referred to in these General Terms and Conditions as “Service Provider”, implies the Client acceptance of these General Terms and Conditions, and the waiver of his own general purchasing conditions. Any contrary condition will therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to his attention.
The fact that the Service Provider does not avail itself at any time of any of these General Terms and Conditions for the Provision of Services may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
2. PLACING ORDERS / QUOTES
Each order from the Client is generally preceded by a free quotation, drawn up by the Service Provider, on the basis of the documents to be translated that have been provided or information communicated by the Client.
The quote sent by the Service Provider to the Customer, by email or post, shall specify in particular :
The number of words (or pages if applicable) submitted for translation;
The translation language [source language (-s) and target language (-s)];
The way the price of the translation service is determined. The latter being invoiced on the basis of the service provider's rate in force on the day the quote is made, in particular per source word (i.e. the number of words contained in the original text to be translated) according to the proposed breakdown from Microsoft Word software (Tools > Statistics) or alternatively by the Computer Assisted Translation (CAT) software used for this work;
The delivery date for the translation service;
The format of the documents to be translated in the event of a specific layout request for the delivered document;
Any price increases applied in particular because of urgency, specific terminological research or any other request that goes beyond the usual services provided by the Service Provider.
To confirm his order in a firm and definitive manner, the Customer must return to the Service Provider the corresponding estimate without any modification, either by post signed with the mention "Good for agreement" when the Purchase Order was sent to him by post, or by e-mail with the expression of his consent when the Order Form was sent to him by e-mail. If the Service Provider does not receive acceptance of the quotation, which constitutes an order, the Service Provider reserves the right not to start working.
In the absence of confirmation of his order according to the terms defined above within the period indicated on the Purchase Order or, failing this, within 1 (one) month from the date of dispatch of the quote, the latter shall be deemed null and void..
The Service Provider reserves the right, after having informed the Customer, to increase the price of the services and / or not to respect the delivery date appearing on the Customer's initial order confirmation, in particular in the following cases:
1. The modification or addition of extra documents by the Client after the Service Provider has issued the quotation. In this case, the Service Provider reserves the right to adjust the rate and the translation delivery date according to the additional volume of text to be processed that is observed or requested;
2. Lack of knowledge of the original documents to be translated when issuing the quotation (if the quotation had to be issued simply through communication of the approximate number of words and / or from an extract of the content to be processed).
In the absence of the Customer's express agreement on these new invoicing and / or delivery conditions, the Service Provider reserves the right not to start his service.
Unless otherwise agreed on the quotation, the costs incurred for the performance of the service (travel, sending of express mail, etc.) shall be borne by the Client.
Any decision to discount, reduce or apply sliding scale rates, based on a percentage or a fixed price (per word), remains at the sole discretion of the Service Provider, and only for the service subject to it. Any discounts or rebates that may be granted to the Customer shall under no circumstances 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 latter and the Customer in the exchange of e-mails. Any validation by the Customer of the deadline communicated by the Service Provider shall constitute an order.
For the purpose of proving the existence of this acceptance of quotation, the Client agrees to consider as equivalent to the original and as perfect proof, the electronic mail, the copy and the computer support.
Any order with an amount before tax exceeding 1000 (one thousand) euros may be subjected to a request for a deposit, the corresponding percentage of which being specified on the quotation. In this case, the performance of the services shall only begin after receipt of the advance payment. In the particular case of a first order, a deposit of at least 30 (thirty) percent will be requested before starting any translation service, unless otherwise specified in the quote validated by the client.
5. DELIVERY TIME
Subject to receipt by the Service Provider of all the documents that are the object of the translation service, the delivery deadline, given as an indication and mentioned on the quotation, is only applicable on the condition that the Client confirms his order in accordance with the terms and conditions defined in Article 2 above, within 3 (three) working days from receipt of the quotation. After this period, the delivery date may be revised depending on the workload of the Service Provider.
6. OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider shall strive to carry out the translation as closely as possible to the original version and in accordance with the practices of the profession. He makes every effort to take into account and integrate into the translation the informations provided by the Client (glossaries, plans, drawings, abbreviations, etc.). The Service Provider declines all responsibility in the event of inconsistency or ambiguity in the original text, the verification of the technical consistency of the final text being the sole responsibility of the Customer.
7. CLIENT'S OBLIGATIONS
The Client undertakes to make available to the Service Provider all the texts to be translated and any technical information necessary for his understanding and, where applicable, the specific terminology required. If the Client fails to comply with his obligation to inform the Service Provider, the latter cannot be held responsible for any non-conformities or for exceeding the deadlines.
The Client has a period of 10 (ten) working days from the 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 performed and no dispute can be accepted. To this end, the customer agrees to consider as proof of delivery any acknowledgment of receipt by post or email.
The Service Provider agrees to respect the confidentiality of the information brought to his attention before, during and after the performance of his service. The originals documents are returned to the Customer upon simple written request.
The 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 he wishes to see implemented in order to guarantee the confidentiality of any sensitive information.
9. PROTECTION OF PERSONAL DATA
As part of his service, the Translator collects personal data concerning the Client (civility, surname, first name, company name, postal address, telephone details, e-mail etc.). 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 carried out by the Translator and is kept securely for the purpose of carrying out the service, subject of these General Terms and Conditions, and by virtue of legal and regulatory obligations.
The data protection and processing manager is Mr Bruno CARLIER - 201, La Renardière - 76160 Fontaine-sous-Préaux - France - email@example.com. Access to personal data will be strictly limited. Furthermore, he undertakes to make every effort to effectively protect access to its databases through the use of adapted, high-performance and regularly updated computer protection tools.
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 ( hereinafter, the "Subcontractor"). In this case, the Client will have been informed of the said activities, as well as of the identity and contact details of the Subcontractor.
The Subcontractor is bound to comply with these General Terms and Conditions. It is the Translator's responsibility to ensure that the Subcontractor presents the same sufficient guarantees regarding the implementation of appropriate technical and organisational measures so that the data processing meets the requirements of the European Data Protection Regulation.
The Translator declares to keep a written record of all categories of processing activities carried out on behalf of the Client.
In the event of data breach, the Translator will inform the Client as soon as possible and, within 72 hours of becoming aware of the breach, will notify the National Data Protection Commission (french Data Protection Authority).
In accordance with Law no. 78-17 of 6 January 1978 relating to data processing, files and liberties, as amended by Law no. 2004-801 of 6 August 2004, and by European Regulation no. 2016/679/EU, the Customer has the right of access, rectification, deletion and portability of data concerning him/her, as well as the right to object to the data processing for legitimate reasons, which he/she may exercise by contacting the data controller at the postal or email address mentioned above, attaching a valid proof of his/her identity.
For more information and in the event of a complaint, the Customer may contact the National Data Protection Commission ( 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 is active, 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).
The translation is delivered by email in the same format as the source text as specified on the quote. Upon request, it can be delivered by post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional fees.
In any case, the Translator's liability is limited solely to the amount of the invoice concerned.
Under no circumstances shall the Translator be held responsible for claims based on stylistic nuances or changes made to his translation without his written authorisation.
It is specified that delivery times are given for information purposes only; their non-observance may not, in principle, result in penalties for delay. In any event, the Translator cannot be held liable for any direct or indirect damage caused to the Client or to third parties as a result of a delay in delivery, and particularly if it is linked to a case of force majeure or to a possible delivery issue.
12. CORRECTIONS AND PROOFREADINGS
In the event of disagreement on certain points of the service, the Service Provider reserves the right to correct it in cooperation with the Customer.
When the translation is to be edited, the Service Provider must receive the print proof for proofreading.
Unless otherwise stipulated in a written agreement, any correction or proofreading will be subject to an additional charge on the basis of the applicable rate.
13. TERMS OF PAYMENT
Unless special conditions are specified in the quotation, invoices are understood to be net, without discount, and are payable in full within 15 (fifteen) net days from their date of issue.
In the case of payment by cheque or bank transfer from abroad, and unless a specific agreement is mentioned on the quotation validated by the Client, all exchange and bank charges give rise either to a flat-rate surcharge specified on the quotation, or to a full re-invoicing to the Client.
The translation remains the property of the translator until full payment has been received.
As these General Terms and Conditions for the provision of services are the object of an agreement between the Translator and the Client, the payment of the amount of the service cannot be subject to the verification, the approval or the payment by any other party.
It should be specified, particularly for professional customers, that in the event of late payment, pending orders will be automatically interrupted until full payment and the Customer will be liable, without the need for prior formal notice, for late payment interests set at 10% per month from the first day following the deadline for payment and applied to the total amount excluding taxes of the invoice in question, to which will be added, in accordance with Article D.441-10 of the French Commercial Code, a flat-rate indemnity for recovery costs of 40 euros.
14. 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(s) of the document.
Failing this, the Service Provider cannot in any way be held responsible if all or part of the documents entrusted by the Client violate 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 responsible for any damage and financial consequences resulting 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 his economic rights over his work, the Service Provider reserves the right to require that his name be mentioned on any copy or publication of his service, in accordance with article L.132-11 of the Intellectual Property Code.
In the event of cancellation of an order in progress, for any reason whatsoever, notified in writing to the Service Provider, the Client shall be invoiced for 100% (one hundred percent) of the work already carried out and 50% (fifty percent) of the work remaining to be completed.
16. AMICABLE SETTLEMENT
The parties undertake, in the event of a dispute of any nature whatsoever and prior to any legal action, to submit to an attempt of conciliation.
The parties undertake to do their utmost to ensure that this conciliation has every chance of success. They undertake to demonstrate all the necessary good faith. They also undertake not to refer the matter to a judge during the 4 (four) months following the date on which the dispute is opened and accept that any referral made in contradiction with this obligation may be considered as a refusal to accept this obligation or, failing this, as an obstacle to any amicable settlement of the dispute which may justify the payment of an indemnity of 1,500 (one thousand five hundred) euros to the other party.
17. APPLICABLE LAW - COMPETENT JURISDICTION
These general conditions are subject to the French law and must be interpreted in accordance with it. In the absence of an amicable settlement in accordance with article 16 above, the parties hereby assign exclusive jurisdiction to the French courts to settle any dispute relating to the provision of the service and these General Terms and Conditions of Service.
Version from 01/01/2021