Translation- Post-editing- Proofreading
These general terms and conditions of service define the rights and obligations of Anaïs Gloaguen, acting under the name of French Flow, sole proprietorship active since 01/09/2023, SIREN 978 751 394, 97875139400013, principal activity (APE) 74.30Z - Translation (the "Service Provider"), on the one hand, and any individual or legal entity wishing to benefit from the Service Provider's services (the "Customer"), on the other.
1. Application of general terms and conditions - Enforceability
All orders placed imply the Customer's full and unreserved acceptance of these general terms and conditions of service, to the exclusion of any other document.
No special condition may prevail over these general terms and conditions of service, except in the case of a formal, written exception appearing on the order form, which has become firm and definitive.
Performance of any service by the Service Provider implies acceptance by the Customer of these general terms and conditions, and waiver of the Customer's own general terms and conditions of purchase. In the absence of express acceptance, any condition to the contrary shall be unenforceable against the Service Provider, regardless of when it may have been brought to the Service Provider's attention.
The fact that the Service Provider does not at any time invoke any of these general terms and conditions of service shall not be construed as a waiver of its right to invoke any of the said terms and conditions at a later date.
2. Placing orders / quotation
Each order placed by the Customer is generally preceded by a free quotation, drawn up by the Service Provider on the basis of the documents to be translated or information provided by the Customer.
The quotation sent by the Service Provider to the Customer, by e-mail or post, specifies in particular :
- The number of pages or words to be translated;
- The language of translation;
- How the price of the translation is to be determined. The latter is invoiced either on a flat-rate basis, or on the basis of time spent, or on the basis of the service provider's price list in force on the day the quotation is drawn up, in particular per source word (i.e. per word contained in the text to be translated) or per target word (i.e. per word contained in the translated text) according to the breakdown proposed by Trados - a CAT tool (or any other tool agreed by mutual agreement), per line or per page;
- The delivery deadline for the translation;
- The format of the documents to be translated, in the event of a request for a specific layout of the document delivered;
- Any price increases applied, in particular for urgent work, specific terminology research or any other request outside the scope of the usual services provided by the Service Provider.
In order to confirm a firm order, the Customer must return the quotation to the Service Provider unchanged, either by post or e-mail, signed and marked "Accepted" if the quotation is sent by post, or by e-mail with the Customer's consent if the quotation is sent by e-mail. Failing receipt of acceptance of the quotation, the Service Provider reserves the right not to commence the service.
If the order is not confirmed in accordance with the above terms within the period indicated on the quotation or, failing this, within 3 (three) months from the date of dispatch of the quotation, the latter shall be deemed null and void.
The Service Provider reserves the right, after having informed the Customer, to increase the rates for services and/or not to respect the delivery date shown on the Customer's initial order confirmation, in particular in the following cases:
- Modification or addition of supplementary documents by the Customer after the quotation has been drawn up by the Service Provider. In this case, the Service Provider reserves the right to adjust the price according to the volume of additional text to be processed;
- The absence of documents when the quotation was drawn up (if the quotation had to be drawn up simply on the basis of the approximate number of words and an extract of the content to be processed).
In the absence of the Customer's express agreement to these new delivery and/or invoicing conditions, the Service Provider reserves the right not to commence work.
Unless otherwise agreed in the quotation, all costs incurred in providing the service (travel, express mail, etc.) are to be borne by the Customer.
Any decision to grant a discount, reduction or sliding scale of charges, based on a percentage or flat rate (per page, per line or per hour), remains at the sole discretion of the Service Provider, and solely for the service concerned. Any discounts or rebates granted to the Customer shall in no case create an acquired right for subsequent services.
In the event that the Service Provider has not sent the Customer a quotation in advance, 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 Service Provider and the Customer in the exchange of e-mails. Any validation by the Customer of the deadline communicated by the Service Provider constitutes an order.
3. Proof
For the purposes of proving the existence of this acceptance of quotation, the Customer agrees to consider as equivalent to the original and as perfect proof, e-mail, copy and computer medium.
4. Down payment
Any order exceeding 1,000 (one thousand) euros (excluding VAT) may be subject to a request for a deposit, the percentage of which is specified on the quotation. In this case, performance of services will not commence until the deposit has been received.
5. Delivery time
Subject to receipt by the Service Provider of all the documents to be translated, the delivery date given in the quotation is only applicable if the Customer confirms his order in accordance with the conditions defined in article 2 above within 3 (three) working days of receipt of the quotation. 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 shall make every effort to ensure that the translation is as faithful as possible to the original, in accordance with the practices of the profession. The Service Provider shall make every effort to take into account and integrate into the translation any information provided by the Customer (glossaries, plans, drawings, abbreviations, etc.). The Service Provider declines all responsibility in the event of inconsistency or ambiguity in the original text; verification of the technical consistency of the final text is the sole responsibility of the Customer.
7. Customer's obligations
The Customer undertakes to make available to the Service Provider all texts to be translated and all technical information necessary for their understanding, as well as any specific terminology required. Should the Customer fail to inform the Service Provider, the latter cannot be held responsible for any non-conformities or missed deadlines.
The Customer has a period of 10 (ten) working days from receipt of the translated or proofread documents to express any disagreement with the quality of the service in writing. Once this period has elapsed, the service is considered to have been duly carried out, and no objection may be lodged. For this purpose, the customer agrees to consider as proof of delivery any acknowledgement of receipt by post, fax or e-mail.
8. Confidentiality
The Service Provider undertakes to respect the confidentiality of information brought to its knowledge before, during or after the performance of its services. Originals will be returned to the Customer upon written request.
The Service Provider cannot be held liable for any interception or misappropriation of information during data transfer, particularly via the Internet. Consequently, it is the Customer's responsibility to inform the Service Provider, prior to or at the time of the order, of the means of transfer he wishes to see implemented in order to guarantee the confidentiality of any sensitive information.
9. Format
Translations are delivered by e-mail in the original format. On request, it can be delivered in hard copy by post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.
10. Liability
The Service Provider's liability is limited solely to the amount of the invoice concerned.
Under no circumstances shall the Service Provider be held liable for claims arising from stylistic nuances.
Please note that delivery times are given as an indication only, and failure to comply with them will not, in principle, give rise to penalties for late delivery. In any event, the Service Provider may not be held liable for any direct or indirect damage caused to the Customer or to third parties as a result of a delay in delivery due to force majeure, or to any delivery problem.
11. Corrections and proofreading
In the event of disagreement on certain points of the translation, the Service Provider reserves the right to correct the translation in cooperation with the Customer.
If the translation is to be published, the Service Provider must receive the printer's proof for proofreading.
Unless otherwise agreed in writing, any correction or proofreading will be invoiced additionally at the current hourly rate.
12. Terms of payment
Unless otherwise specified on the quotation, invoices are net, without discount, and are payable within 30 (thirty) days of the invoice date.
In the event of payment by cheque or bank transfer from abroad, all exchange and bank charges are either subject to a flat-rate surcharge specified on the quotation, or billed in full to the customer.
The translation remains the property of the translator until full payment has been received.
For business customers only, it should be noted that in the event of late payment, orders in progress are automatically suspended until full payment has been made, and the Customer is liable, without prior formal notice being required, in accordance with article L.441-6 of the French Commercial Code, for late payment interest calculated at the rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, applied to the amount of the invoice in question, as well as a flat-rate indemnity for collection costs of 40 euros.
13. Intellectual property rights
In the case of services of a literary or artistic nature? efore submitting a document to the Service Provider for translation, the Customer must ensure that he has the right to do so. The Customer must therefore be the author of the original document or have obtained prior written authorization for translation from the document's copyright holder.
Failing this, the Service Provider cannot be held responsible in any way if all or part of the documents entrusted by the Customer infringe the intellectual property rights or any other rights of a third party, or any applicable regulations. In such a case, the customer shall be solely liable for any damages and financial consequences arising from his own negligence.
Furthermore, the Customer acknowledges that the translation produced by the Service Provider constitutes a new document, the copyright to which is held jointly 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 its economic rights over its work, the Service Provider reserves the right to demand that its name be mentioned on any copy or publication of its service, in accordance with article L.132-11 of the French Intellectual Property Code.
14. Cancellation
In the event of cancellation of an order in progress, for whatever reason, notified in writing to the Service Provider, the work already carried out will be invoiced to the Customer at the rate of 100% (one hundred percent) and the work remaining to be carried out at the rate of 50% (fifty percent).
15. Amicable settlement
The parties undertake, in the event of any dispute whatsoever and before any legal action is taken, to submit to an attempt at conciliation.
To this end, as soon as the disputed event occurs, the parties undertake to jointly refer the matter to the SFT Arbitration Committee by registered letter with a copy sent by registered letter to the other party.
The parties undertake to do their utmost to ensure that this conciliation has every chance of success. They undertake to act in good faith. They also undertake not to refer the matter to a judge for a period of 4 (four) months following referral to the Committee, and acknowledge that any referral made in contradiction with this obligation may be construed as a dismissal or, failing this, as 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 - Jurisdiction
These terms and conditions are governed by and shall be construed in accordance with French law. Failing amicable settlement in accordance with article 15 above, the parties hereby submit to the exclusive jurisdiction of the French courts to settle any dispute relating to the provision of the service and these general terms and conditions.
Version dated 07/18/2022 according to updated SFT recommendations
