General conditions for the provision of services

Translation work

These general terms and conditions for the provision of services are intended to govern the contractual relationship between:

Birgit Kautz, owner and representative of GLOBEtranslations, whose registered office is located at 471 Route de Robert, 40140 Soustons (France), holder of the SIREN number: 49950 16 74 and hereinafter referred to as "the Translator",

and on the other hand, any company or individual wishing to use its services, hereinafter referred to as "the Client".

1. Application of the general conditions - opposability

Any order placed implies the Customer's full and unreserved acceptance of these general terms and conditions for the provision of services, to the exclusion of any other document.

No particular condition can, except formal and written exception appearing on the estimate become firm and final, prevail against the general conditions of provision of service.

The execution of any service by the Translator implies on the part of the Client the acceptance of these general conditions, and the renunciation of its own general conditions of purchase. Any contrary condition will therefore, in the absence of express acceptance, be unenforceable against the Translator, regardless of when it may have been brought to her attention.

The fact that the Translator does not take advantage at any time of any of these general conditions of service provision, cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.

2. Placing of orders/quotes

Each Client's order is preceded by a free estimate, drawn up by the Translator, on the basis of the documents to be translated provided or information communicated by the Client.

The estimate sent by the Translator to the Client, by e-mail or by post, specifies in particular:

• The number of pages or words submitted for translation,
• The language of translation,
• The methods for determining the price of the translation service. The latter is invoiced either on a flat-rate basis, or on a time-spent basis (by the hour), or on the basis of the service provider's rate in force on the day the estimate is made, in particular on the source word (i.e. say by words contained in the text to be translated) or by target word (i.e. by words contained in the translated text) according to the count proposed by Microsoft Word software (Tools > Statistics) or software Computer-Assisted Translation (CAT), per line, per page,
• The delivery time of the translation service,
• The format of the documents to be translated in the event of a request for a specific layout of the delivered document,
• Any price increases applied in particular due to urgency, specific terminological research or any other request outside the usual services provided by the Translator.

To confirm his order in a firm and definitive manner, the Client must return the estimate to the Translator without any modification, either by letter signed with the mention "good for agreement" when the estimate was sent to him by post, or by return of e-mail with the expression of his consent when the quote was sent to him by e-mail. Failing receipt of acceptance of the estimate, the Translator reserves the right not to begin her service.

In the absence of confirmation of his order according to the methods defined above within the period indicated in the estimate or, failing this, within one (1) month from the date of dispatch of the estimate, the latter will be deemed null and void.

The Translator reserves the right, after having informed the Client, to increase the service prices and/or not to respect the delivery date appearing on the Client's initial order confirmation, and this, in particular in the following cases:

1. The modification or addition of additional documents by the Client after the Translator has drawn up the estimate, in which case the Translator reserves the right to adjust the price according to the volume of additional text observed or requested.
2. The absence of documents when drawing up the estimate. If the estimate had to be made on simple communication of the approximate number of words and an extract of the content.

In the absence of express agreement from the Client on these new delivery and/or invoicing conditions, the Translator reserves the right not to begin her 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 discount, reduce or apply decreasing rates, according to a percentage or a flat rate (per page, line or hour), remains at the sole discretion of the Translator, and this, solely for the service which is the subject of it. Any discounts or rebates granted to the Customer shall in no case give rise to an acquired right for subsequent services.

In the event that no prior estimate has been sent to the Client by the Translator, orders are placed by simple exchange of e-mails and the translation services are invoiced in accordance with the base rate usually applied by the Translator or any other rate agreed between the latter and the Customer in an exchange of e-mails. Any validation by the Client of the deadline communicated by the Translator constitutes an order.

3. Evidence

For the purposes of proof of the existence of this quote acceptance, the Customer agrees to consider as equivalent to the original and as perfect proof, the electronic mail, the copy and the computer medium.

4. Deposit

Any order whose amount excluding taxes exceeds 1,000 (one thousand) euros may be subject to a request for a deposit, the percentage of which will be specified on the estimate. In this case, the performance of the services will only begin after receipt of the deposit.

5. Delivery time

Subject to receipt by the Translator of all the documents covered by the translation service, the delivery time mentioned on the estimate is only applicable on the condition that the Client confirms his order before the expiry of the period of validity appearing on the estimate, according to the terms defined in article 2 above.

After this time, the delivery date may be subject to revision depending on the Translator's workload.

6. Obligations of the Translator

The Translator strives to carry out the translation with the greatest fidelity to the original 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 Client (glossaries, plans, drawings, abbreviations, etc.). The Translator 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 Client.

7. Customer Obligations

The Client undertakes to provide the Translator with all the texts to be translated and any technical information necessary for understanding the text and, where applicable, the specific terminology required. In the event of the Client's failure to fulfill his obligation to inform the Translator, the latter cannot be held responsible for any non-compliance or for exceeding deadlines.

The Client has a period of ten (10) working days from receipt of his translated or proofread documents to express in writing any disagreement concerning the quality of the service. After this period, the service will be considered as having 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 e-mail.

8. Confidentiality

The Translator undertakes to respect the confidentiality of the information brought to her attention before, during or after the performance of her service. The originals are returned to the Customer on simple written request.

The responsibility of the Translator cannot be engaged due to interception or misappropriation of information during the transfer of data, in particular via the Internet. Consequently, it is up to the Client to inform the Translator, beforehand or when ordering, 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 her service, the Translator collects personal data concerning the Client (title, surname, first name, company name, postal address, telephone number, e-mail). These data are used to send the Client on the one hand quotes, invoices and information necessary for the service and on the other hand, messages of a promotional nature on the services of the Translator.

The data collected is subject to computer processing by the Translator and is stored securely for the purpose of providing the service, subject of these general conditions, and under legal and regulatory obligations.

The data processing and protection manager is Ms. Birgit Kautz, 471 Route de Robert, 40140 Soustons, France, e-mail:info@globetranslations.fr. Access to personal data will be strictly limited.

The information collected may possibly be communicated to a third party, linked to the Translator's company by contract for the execution of subcontracted tasks (hereinafter "the subcontractor"). In this case, the Customer will have been informed of these activities, as well as the identity and contact details of the Subcontractor.

The Subcontractor is required to comply with these general conditions. It is up to the Translator to ensure that the Subcontractor presents the same sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the European data protection regulations.

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 a data breach, the Translator will inform the Client as soon as possible, and within 72 hours of becoming aware of it, will notify this breach to the Commission Nationale de l'Informatique et des Libertés.

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended by Law No. 2004-801 of August 6, 2004, and by European Regulation No. 2016/679 /EU, the Customer has a right of access, rectification, erasure, and portability of the data concerning him, as well as the right to oppose the processing for legitimate reasons, rights which he can exercise in contacting the data controller at the postal or e-mail address mentioned above, attaching valid proof of identity.

For more information and in the event of a complaint, the Customer may contact the National Commission for Computing and Liberties (www.cnil.fr).

Personal data is kept for five (5) years after the end of the current year. If at the end of this period no commercial relationship has been established, 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 to delete an account, the Translator is required to keep the personal data appearing on the invoices and purchase orders for ten (10) years from their date of publication. issue (article L-123-22 of the Commercial Code).

10. Size

The translation is delivered by e-mail in the format of the source text. On request, it can be delivered by courier. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.

11. Liability

The Translator is only liable in the event of gross negligence and willful misconduct. The liability is limited to the amount of the agreed fees. Liability for consequential damages is excluded.

Under no circumstances can the Translator be held responsible for complaints based on nuances of style or changes made to her translation without her written authorization.

It is specified that delivery times are only given as an indication, failure to observe them cannot, in principle, lead to penalties for delay. In any case, the Translator cannot be held liable for direct or indirect damage caused to the Client or to third parties due to a delay in delivery, due in particular to a case of force majeure or a possible problem of 'forwarding.

12. Corrections and proofreading

In case of disagreement on certain points of the service, the Translator reserves the right to correct it in cooperation with the Client.

When the translation needs to be edited, the Translator will receive the print proof for proofreading.

Unless otherwise provided in writing, any correction or proofreading is subject to additional invoicing on the basis of the current hourly rate.

13. Terms of payment

Unless otherwise specified, the entire invoice must be paid within thirty (30) days net from its date of issue.

In the event of payment by check or bank transfer from abroad, all exchange and bank charges are the responsibility of the Customer and may therefore give rise either to a fixed increase specified on the estimate, or to full re-invoicing. client.

The translation remains the property of the Translator until full payment has been received.

As these general terms and conditions of service provision are the subject of an agreement concluded between the Translator and the Client, the payment of the amount of the service cannot be subject to verification, approval or payment by any other party.

It should be specified with regard to professional customers only, that in the event of late payment, orders in progress will be automatically interrupted until full payment and the Customer will be liable, without a prior formal notice being necessary, late payment interest set at 10% per month from the first day following the payment deadline and applied to the total amount excluding tax of the invoice in question, to which will be added, in accordance with article D.441 -5 of the Commercial Code, a lump sum compensation for recovery costs of 40 euros.

14. Intellectual Property

Before submitting a document for translation to the Translator, 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 authorization for translation from the document's copyright holder.

Failing this, the Translator cannot in any way be held responsible if all or part of the documents entrusted by the Client were to infringe intellectual property rights or any other third-party rights or any applicable regulations. If necessary, the Customer alone would assume any damages and financial consequences that would result from his sole negligence.

Furthermore, the Client acknowledges that the translation obtained by the Translator constitutes a new document whose copyright is jointly held by the author of the original document and the Translator. Consequently, in the event of a service of a literary or artistic nature, and without prejudice to her economic rights in her work, the Translator reserves the right to demand that her name be mentioned on any copy or any publication of her service, in accordance with the Intellectual Property Code, paragraph L.132-11.

15. Cancellation

In the event of cancellation of an order in progress, whatever the cause, notified in writing to the Translator, the work already carried out will be invoiced to the Client at 100% (one hundred percent) and the remaining work at perform at 50% (fifty percent).

16. Friendly settlement

The parties undertake, in the event of a dispute of any nature whatsoever and before any legal action, to submit to an attempt at conciliation.

To do this, from the occurrence of the disputed event, the parties agree to jointly seize the arbitration committee of the SFT by registered letter with a copy by registered letter to the other party.

The parties undertake to do their best to ensure that this conciliation has every chance of succeeding. They undertake to demonstrate all the necessary good faith. They also undertake not to seize a judge during the 4 (four) months following the referral to the committee and to admit that any referral made in contradiction with this obligation can be analyzed in an end of inadmissibility or failing , in an obstacle to any amicable settlement of the dispute and justifies the payment to the other party of an indemnity of 1,500 (one thousand five hundred) euros.

17. Applicable law and competent jurisdiction

These general conditions are subject to 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 assign exclusive jurisdiction to the French courts to settle any dispute relating to the provision of services and these general conditions.

Version dated 17/10/2020, inspired by the model made available by the French Society of Translators on its website www.sft.fr.