GENERAL TERMS AND CONDITIONS OF SERVICE

These General Terms and Conditions of Service set forth the rights and obligations of Sylvie André, Legal Translator and Court-Appointed Sworn Translator at the Caen Court of Appeal, operating as a sole trader (French tax number 403 064 579 00036) (the “Service Provider”), on the one hand, and any natural or legal person wishing to benefit from her services (the “Client”), on the other hand.

1. SCOPE AND ENFORCEABILITY OF THESE GENERAL TERMS AND CONDITIONS

The Client declares that they have read and agree to abide by these General Terms and Conditions of Service before they place any order by accepting the quote or offer made by the Service Provider.

Any order placed implies full and unconditional acceptance by the Client of these General Terms and Conditions of Service, which cannot be superseded by any other document.

No special terms or conditions may, unless expressly agreed in writing and signed by both the Client and the Service Provider on a firm and final purchase order, prevail over these General Terms and Conditions of Service.

The contract formed between the Service Provider and the Client relating to the Services consists of:

  • These General Terms and Conditions applicable to the Services;
  • Any specific terms and conditions outlined in the quote, which, once completed, specify in particular the description of the Services, the Client’s identity, and the agreed price.

This contract defines the entire contractual obligations of both parties. By signing this contract, the Client waives the right to use any other document (other general terms and conditions, purchase orders, etc.) to impose further contractual obligations on the Service Provider, unless expressly accepted by the Service Provider.

Any conflicting terms proposed by the Client shall be unenforceable against the Service Provider in the absence of express acceptance, regardless of when these conflicting terms are brought to the Service Provider’s attention.

The original French version of these General Terms and Conditions alone is legally binding. It prevails over any other version and cannot be superseded by any other terms.

The fact that the Service Provider does not invoke any of these General Terms and Conditions at a given time shall not be construed as a waiver of the right to invoke any of said terms at a later date.

2. QUOTES AND ORDER PLACEMENT

2.1 Issuance of a Quote

Each Client order is preceded by a free quote issued by the Service Provider, based on the documents to be translated or the information provided by the Client.

No quote will be issued by the Service Provider without first receiving clear and complete instructions from the Client regarding their requirements. The Client is solely responsible for the accuracy of the information provided.

The instructions given by the Client will be stated in writing in the quote sent by the Service Provider to the Client, either by email or postal mail.

The quote specifies in particular:

  • The aim and description of the Service;
  • The number of pages or words to be translated;
  • The source language and the target language;
  • The price for the translation service, which may be invoiced based on a flat rate, time spent, or according to the Service Provider’s current rates on the date the quote is issued. This may include rates per source word (as counted by Microsoft Word or another mutually agreed tool), per line, per page, or per hour;
  • The timeframe for completing the translation service;
  • The format of the documents to be translated if the translations must be delivered with a  specific layout;
  • Any additional charges, such as for urgent requests, specific terminological research, formatting, or any other service outside the usual scope of services provided by the Service Provider;
  • Additional expenses (e.g., postage, courier services, etc.).

2.2 Order Confirmation

To confirm their order on a firm and definitive basis, the Client must return the quote without making any changes to it. They may return the quote either by postal mail with their signature and the word  “Approved” or by email expressing their consent, depending on the method of communication used for the quote.

In the absence of confirmation, the Service Provider reserves the right not to commence the Service.

If the order is not confirmed in accordance with the above conditions within three (3) months from the date the quote is sent, the quote shall be deemed null and void.

The confirmed quote must be accompanied by these General Terms and Conditions of Service, signed and stamped by the Client. If the confirmation is sent by email, the email must clearly state the Client’s full and unconditional acceptance of these terms.

The Service Provider reserves the right, after informing the Client, to increase the prices for services and/or not to comply with the initial delivery date in the following cases:

  • If the Client changes or adds documents after the quote is issued. The Service Provider reserves the right to adjust the rate and deadline accordingly;
  • If the quote is based solely on an approximate word count or a sample because the documents to be translated are not available when the quote is drawn up

In such cases, an amended or additional quote (which cancels and replaces the initial quote) will be sent to the Client.

In the absence of express agreement by the Client regarding these new terms, the Service Provider reserves the right not to start or to suspend the Service.

Unless otherwise stated in the quote, expenses incurred for the performance of the Service (travel, express mail, etc.) shall be borne by the Client.

Any decision to grant discounts or reduced rates remains at the sole discretion of the Service Provider and applies only to the specific service in question. Any discounts granted shall not create an entitlement to future discounts.

If no prior quote is sent to the Client, translation services will be invoiced in accordance with the Service Provider’s standard rates.

2.3 Right of Withdrawal (Professionals and Consumers)

  1. a) Professional clients do not have a right of withdrawal. Any order confirmed in writing is deemed firm and final.
  2. b) In accordance with Article L121-20-12 of the French Consumer Code, individual clients (“Consumers”) purchasing services remotely have a 14-day withdrawal period starting from the acceptance of the order.

To exercise this right, the Consumer must notify the Service Provider by email of their wish to do so in an unambiguous manner. Any amounts paid will be reimbursed unless exceptions apply.

If the Consumer wishes the Service to begin before the withdrawal period expires, they must submit an express written request. 

If the Consumer exercises their right of withdrawal after the Service has begun, they will owe the Service Provider an amount proportional to the work completed by the time of withdrawal.

3. EVIDENCE

For the purposes of proof, the Client agrees to consider fax, email, copies, and electronic media as equivalent to the original and as valid evidence.

4. DEPOSIT

Any order exceeding €1,000 (excl. tax) may be subject to a deposit, the percentage of which will be specified in the quote. Services will commence only after the deposit has been received.

5. DELIVERY TIMEFRAME

Subject to the Service Provider’s receipt of all documents for translation, the delivery deadline specified in the quote applies only if the Client confirms their order as specified in clause 2 above within three (3) business days from receipt of the quote. Otherwise, the delivery date may be revised depending on the Service Provider’s workload.

In certain cases, the time limit for confirming an order may be shortened or extended at the sole discretion of the Service Provider. This will be specified in the quote.

Delivery times are indicative and failure to meet them shall not result in any penalties or compensation.

6. THE SERVICE PROVIDER’S OBLIGATIONS

The Service Provider undertakes to deliver a translation that is as faithful as possible to the original and in accordance with professional standards. The Service Provider will take into account any Client-provided materials (glossaries, plans, designs, abbreviations, etc.). The Service Provider accepts no liability for inconsistencies or ambiguities in the source text. The Client is responsible for checking that the final text is coherent from a technical standpoint. 

7. THE CLIENT’S OBLIGATIONS

The Client shall provide all necessary documents for the translation. This includes any technical information required to understand the source texts and/or any specific terminology that must be followed. The Service Provider shall not be held liable for any non-compliance or missed deadlines if the Client fails to provide the required documents and technical information. 

The Client acknowledges that translations may vary in wording and this does not constitute non-compliance.

Any complaints regarding the quality of the translation must be made in writing within ten (10) business days of receipt. After this period, the translation is deemed accepted. The Client recognises postal and electronic confirmation of receipt as proof of delivery.

For sworn translations: When the Service Provider is required to produce a sworn translation for the Client, it is the Client’s responsibility to verify the conditions of acceptability and/or approval of the translated document by its intended recipient. Under no circumstances shall the Service Provider be held liable for the refusal of a translation by its recipient (public authorities, administrations, etc.), regardless of the reasons for such refusal or the consequences arising therefrom.

The Service Provider may, without being under any obligation to do so, offer the Client the possibility of bringing the translation into compliance with the recipient’s requirements. In such a case, the Service Provider will inform the Client of the additional time and costs involved in making the necessary adjustments, which shall be borne entirely by the Client.

If no modifications can ensure acceptance of the translation by its recipient, the Client shall not be entitled to any refund, provided that the Service has been duly performed by the Service Provider in accordance with the agreed quote.

8. CONFIDENTIALITY

The Service Provider undertakes to maintain the confidentiality of any information brought to their attention before, during, or after the performance of the Service. Original documents will be returned to the Client or they will be destroyed upon written request by the Client. Translated files will also be deleted upon written request by the Client (with the exception of sworn translations, which the Service Provider is required to retain).

The Service Provider cannot be held liable for any interception or misappropriation of information during data transfer, particularly via the Internet. It is therefore the Client’s responsibility to inform the Service Provider, prior to or at the time of placing the order, of any specific means of transfer they wish to implement to ensure the confidentiality of any sensitive information.

9. DELIVERY FORMAT

Services are delivered via email in Word or PDF format. Certified translations are sent as PDFs (upon request) and always followed by a hard copy. Any other format or delivery method requires prior written agreement and may incur additional costs.

10. LIABILITY

The Service Provider’s liability is limited to the amount of the invoice for the Service.

Under no circumstances shall the Service Provider accept claims based on stylistic preferences.

The Service Provider cannot be held liable for the non-performance or improper performance of its obligations when such non-performance is due to the Client, to an unforeseeable and insurmountable act of a third party to the contract (such as the Client’s end recipient), or to a case of force majeure as defined by the French Civil Code.

In any event, the Service Provider shall not be held liable for any direct or indirect damages caused to the Client or to third parties as a result of delays in delivery, particularly those due to force majeure, or due to delays in transmission by fax, modem, email, or other postal or electronic means.

11. REVISIONS AND PROOFREADING

In the event of disagreement regarding aspects of the Service, the Service Provider reserves the right to revise the work with the Client’s cooperation.

Proofreading or revisions are subject to additional charges unless otherwise agreed in writing.

12. PAYMENT TERMS

Unless otherwise specified in the quote, invoices are issued net, without discount, and are payable within thirty (30) days from their date of issue.

Payment by cheque is not accepted.

For bank transfers originating from abroad, all currency conversion or bank fees shall either be subject to a flat-rate surcharge specified in the quote or be fully re-invoiced to the Client.

The deliverable containing the translation remains the property of the Service Provider until full payment of the service price has been received.

In the event of late payment, the Service Provider may suspend all ongoing orders and/or take further action.

For Professional Clients, it is specified that in the event of late payment, ongoing orders will be automatically suspended until full payment is made. In addition, without the need for prior formal notice, the Client shall be liable, in accordance with Article L.441-10 of the French Commercial Code, for a late payment interest charge of ten (10) percent more than the current ECB rate in respect of the amount of the invoice as well as a fixed recovery fee of forty (40) euros.

Under no circumstances may payments be suspended or be subject to any offsetting without the prior written agreement of the Service Provider.

13. INTELLECTUAL PROPERTY

Before submitting any document for translation to the Service Provider, the Client must ensure that they hold the necessary rights and shall indemnify the Service Provider against any claims in this regard. The Client must therefore either be the author of the original document or have obtained prior written permission to translate it from the copyright holder.

Failing this, the Service Provider shall not, under any circumstances, be held liable if all or part of the documents entrusted by the Client infringe upon intellectual property rights, third-party rights, or any applicable regulations. In such cases, the Client shall bear sole responsibility for any damages and financial consequences resulting from their negligence.

Furthermore, the Client acknowledges that the translation provided by the Service Provider constitutes a new document, the copyright of which is co-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 the Service Provider’s ownership of their work, the Service Provider reserves the right to require that their name be mentioned on any copy or publication of their work, in accordance with Article L 132–11 of the French Intellectual Property Code.

The Client is prohibited from any use of the translation beyond the conditions agreed upon with the Service Provider.

The Client is also strictly prohibited from using the translation produced by the Service Provider or any materials belonging to the Service Provider, such as their translation memories, within any translation software or solution that uses artificial intelligence technologies, in particular for the purpose of enriching the data on which such technologies operate.

Any violation of the Service Provider’s intellectual property rights, or more generally of the provisions of this article, constitutes an infringement punishable under both civil and criminal law, and/or a contractual breach for which the Client may be held liable.

Additionally, the Client agrees not to use the translation provided by the Service Provider for the development, training, or enhancement of any machine translation engine, generative artificial intelligence technology, or any other similar system, technology or process.

14. CANCELLATION

If an order is cancelled after work on the Service has begun, completed work will be billed at 100%, and remaining work at 50%. For services billed per hour, the actual time spent on such services shall be billed fully.

15. APPLICABLE LAW

These General Terms and Conditions of Service, as well as the Services provided by the Service Provider, are governed in all respects by French law and must be interpreted accordingly, to the exclusion of any other jurisdiction of law.

In the event of a dispute relating to these General Terms and Conditions and the obligations they govern, particularly the Services, the parties agree to first seek an amicable resolution within thirty (30) days from the date of written notification by one party to the other, as follows: from the occurrence of the dispute, the party that initiates the dispute shall refer the matter to the Arbitration Commission of the Société Française des Traducteurs by registered letter with acknowledgment of receipt (LRAR), with a copy sent by LRAR to the other party.

The parties entrust the Commission with the task of attempting to reach a settlement. The parties agree to make every effort to ensure the success of this arbitration process and to act in good faith throughout. They further undertake not to bring the matter before a court for a period of four (4) months following referral to the Commission. Any legal action brought in violation of this obligation shall be deemed inadmissible or, failing that, considered an impediment to any amicable settlement, and will justify the payment of €1,500 by the offending party to the other.

Any dispute not resolved amicably within the timeframe set above may be submitted by either party to the Commercial Court within the jurisdiction of the Service Provider’s registered office, to which the parties grant exclusive competence unless other legal provisions prevent them from doing so.

In the event of any translation, only the French version of these General Terms and Conditions of Service shall be deemed enforceable.