General Terms and Conditions of Service
- Translation services -
These general terms and conditions are written in French in their original version, which alone is authentic and prevails over any other version translated into a foreign language.
These general terms and conditions of service set out the rights and obligations of Mr Thomas Crespellière (Quetzal Traduction), SIRET 880 158 373 00014 (the “Service Provider”), on the one hand, and any natural or legal person willing to benefit from his services (the “Client”), on the other hand.
1. APPLICATION OF THE GENERAL CONDITIONS – ENFORCEABILITY
Any order placed implies the Client’s full and unreserved acceptance of these general terms and conditions of service to the exclusion of any other document.
No special conditions will take precedence over the present general terms and conditions of service unless expressly stated in writing on the final and binding purchase order.
The performance of any service by the Service Provider implies the acceptance by the Client of these general conditions, and the waiver of its own general conditions of purchase. Any other condition shall, 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 at any time invoke any of these general terms and conditions of service shall not be construed as a waiver of the right to invoke any of the said terms at a later date.
2. ORDERS AND QUOTATIONS
Each order placed by the Client shall be preceded by a free quotation issued by the Service Provider, based on the documents to be translated or the information provided by the Client.
The quotation sent by the Service Provider to the Client by regular or electronic mail specifies in particular:
- The number of pages or words submitted for translation;
- The translation language;
- The way in which the translation service was priced. The latter is invoiced either on a flat-rate basis, on an hourly rate basis, or on the basis of the Service Provider’s rate 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 Analyze File Report in RWS Group’s SDL Trados Studio software (or any other mutually agreed upon tools), per line, page or hour.
- The delivery time of the translation service;
- The format of the documents to be translated in case of a specific layout request of the delivered document;
- Any price increases applied in particular due to urgency, specific terminological research or any other request that goes beyond the services usually provided by the Service Provider.
To confirm an order, the Client must return the unaltered quotation to the Service Provider, either by regular mail with his/her written approval and signature if the quotation was originally sent by regular mail, or by e-mail with an expression of consent if the quotation was sent by e-mail. If the Service Provider does not receive the order confirmation, he reserves the right not to commence the service.
If confirmation of the order is not received in accordance with the procedures set out above within the period specified on the quotation, or, failing that, within thirty (30) days of the date of the quotation, the latter shall be deemed null and void.
The Service Provider reserves the right, after informing the Client, to increase the rates for services and/or not to respect the delivery date indicated on the Client’s initial order confirmation, in particular in the following cases:
- The modification or addition of documents by the Client after the quotation 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, as noted or requested;
- The absence of documents during the quotation preparation process (if the initial quotation was based on the Client’s estimation of the number of words and an excerpt of the content to be processed).
In the absence of the Client’s express acceptance of these new delivery and/or invoicing conditions, the Service Provider reserves the right not to commence the service.
Unless otherwise stated in the quotation, the costs incurred during the provision of the service (travels, sending of express mail, etc.) shall be borne by the Client.
Any decisions to offer a discount, reduction or to apply sliding scale rates, based on a percentage or flat-rate (per page, line, hour or work), will be at the sole discretion of the Service Provider and only for the service to which they apply. Any discounts or rebates applied to the Client shall not, in any case, create a vested right concerning future services.
In the event that the Service Provider has not sent a prior quotation to the Client, orders shall be placed by e-mail and translation services shall be invoiced at the standard rate used by the Service Provider or at any other rate agreed upon by the latter and the Client in the exchange of e-mails. Any acceptance by the Client of the delivery time notified by the Service Provider constitutes an order.
The Client agrees to consider e-mails, copies, and computer files as equivalent to the original and valid proof that the quote was accepted.
Any first order, as well as any order exceeding 1,000 (one thousand) euros excluding tax is subject to a deposit request, the amount of which shall be clearly stipulated in the quotation. In this case, work shall begin only after the deposit has been received.
5. DELIVERY TIME
Any delivery time given for information purposes and indicated on the quotation shall become binding only once the Service Provider has received all the documents to be translated and if the Client has confirmed his order in accordance with the terms and conditions defined in Article 2 above. The delivery date may be revised according to the Service Provider’s workload and will be confirmed upon receipt of the signed quotation.
6. SERVICE PROVIDER’S OBLIGATIONS
The Service Provider agrees to provide a translation that is as faithful as possible to the original and that complies with the professional standards. He shall do everything possible to take into account and include in the translation information provided by the Client (glossaries, diagrams, drawings, abbreviations, etc.). The Service Provider shall not be held liable for any inconsistencies or ambiguities in the source text, the verification of the final text’s technical coherence remaining the Client’s sole responsibility.
7. CLIENT’S OBLIGATIONS
The Client undertakes to provide the Service Provider with all of the texts to be translated and any technical information necessary for their understanding and, where applicable, the specific terminology required. If the Client fails to inform the Service Provider, the latter shall not be held liable for any non-compliance or if delivery is late.
The Client has a period of 10 (ten) working days from receipt of the translated or proofread documents to express in writing any disagreement concerning the quality of the translation. Once this period has expired, the service shall be considered duly completed and no claims may be made. For this purpose, the Client agrees to consider postal or electronic mail receipts as proof of delivery.
The Service Provider undertakes to respect the confidentiality of the information which is brought to his attention before, during, and after providing services. Original documents shall be returned to the Client upon written request.
The Service Provider shall not be held liable in the event that information is intercepted or used by a third party during the transfer of data, especially on the internet. Therefore, before the provision of service or at the time the order is placed, the Client must inform the Service Provider of the means of transmission to be used in order to ensure the confidentiality of any sensitive information.
9. DATA PROTECTION
As part of his services, the Service Provider collects personal data about the Client (title, first name, surname, company name, postal address, telephone number, e-mail address, and any other information provided in the contact form, including a detailed description of the project). These data are used to send to the Client, on the one hand, quotations, invoices, and information required for the service and, on the other hand, promotional messages about the Service Provider’s services, and to keep statistics on the requests received by the website www.quetzaltraduction.com. Some personal data are mandatory, other optional, to access or benefit from certain services on the website www.quetzaltraduction.com, such as newsletters or contact forms. The mandatory or optional nature of the data is indicated at the time of collection by an asterisk. In the absence of communication of the mandatory personal data, the Service Provider will not be able to respond to the Client’s request.
The data collected are subject to computer processing by the Service Provider and are securely stored for the purpose of providing the service, which is the subject of these general terms and conditions, and in accordance with legal and regulatory obligations.
The data controller is Mr. Crespellière Thomas – 10 rue de l’abondance, 69003 Lyon, France | +33 681 63 49 60 | firstname.lastname@example.org.
. Access to personal data will be strictly limited to him.
The information collected may be communicated to a third party bound by a contract to the Service Provider’s company in order to perform subcontracted tasks (hereinafter, “the Subcontractor”).
The Subcontractor shall comply with these general terms and conditions. In order to ensure that the processing complies with the requirements of the European Data Protection Regulation, the Service Provider must confirm that the Subcontractor provides adequate guarantees regarding the implementation of appropriate technical and organizational measures.
The Service Provider declares that he keeps a written record of all categories of processing activities carried out on behalf of the Client.
In the event of a data breach, the Service Provider shall inform the Client as soon as possible and, within 72 hours of becoming aware of it, shall notify the breach to the French Data Protection Authority.
In accordance with Law no. 78-17 of 6 January 1978 relating to the French Data Protection Act, as amended by Law no. 2004-801 of 6 August 2004, and by European Regulation no. 2016/679/EU, the Client has the right, for any legitimate reason, to access, rectify, erase, port and object to processing of his/her personal information. He/She may exercise this right by writing to the data controller at the postal or e-mail address mentioned above, enclosing valid proof of his/her identity.
For more information and in the event of a complaint, the Client may contact the French Data Protection Authority (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 established, the data will be deleted from the Service Provider’s servers.
However, from the moment the Client has placed an order, and even in case of an account deletion request, the Service Provider is required to retain the personal data that appear on invoices and purchase orders for 10 years from their date of issue (Article L.123-22 of the French Commercial Code).
The translation is delivered by e-mail in the source document format (or any other format agreed between the parties). Any other means of delivery or format must be expressly agreed by both parties and may result in additional fees.
The Service Provider’s liability shall be limited to the invoiced value of the work.
Under no circumstances shall the Service Provider be held liable for claims related to nuances of style.
It is expressly agreed that delivery times are provided for information only and that their non-observance shall not be considered grounds for penalties. In any event, the Service Provider shall not be held liable for direct or indirect harm caused to the Client or to third parties resulting from late delivery due to force majeure or to a possible delivery problem.
12. CORRECTIONS AND PROOFREADING
In the event of disagreements about certain aspects of the service, the Service Provider reserves the right to correct these aspects in cooperation with the Client, within the limit of two corrections after review by the Client.
If the translation is to be published, the Service Provider shall receive the printer’s proofs for review.
Unless otherwise agreed in writing, any correction or proofreading in addition to those included in the translation service will result in an additional invoice at the prevailing hourly rate.
Unless otherwise mentioned in the quotation, invoices are net, without discount and shall be paid in full no later than 30 (thirty) calendar days from the date of the invoice.
In the event of payment by check or bank transfer from abroad, all exchange and bank fees will be either subject to a flat-rate increase mentioned in the quotation, or invoiced again in full to the Client.
The translation remains the property of the translator until payment has been received in full.
It should be noted that, with regard to professional clients only, in the event of late payment, orders in progress can be unilaterally interrupted until full payment is received. The Client will be liable, without any prior formal notice being required, in accordance with Article L.441-6 of the French Commercial Code, for late payment penalties of 15% per month, applied to the amount of the invoice in question, as well as a flat rate compensation for recovery costs of 40 euros. The late payment penalties and the flat-rate compensation will be applied from the day after the due date of the invoice and are not subject to VAT. These penalties and indemnities are due in full even in case of partial payment of the invoice on the due date, regardless of the length of the delay.
14. INTELLECTUAL PROPERTY
Before requesting the translation of a document, the Client must ensure that this does not infringe on any third party rights. Therefore, the Client must be the author of the original document or have obtained prior written permission to have the document translated from the party holding the copyrights to the document.
If these conditions have not been ensured by the Client, under no circumstances shall the Service Provider be held liable if all or a portion of the documents to be translated were to infringe on the rights of a third party or violate any applicable regulations. If this were to occur, the Client shall be held solely liable for any harm or financial consequences resulting from the Client’s negligence.
In addition, the Client acknowledges that the translation produced by the Service Provider is a new document whose copyrights are held jointly by the author of the original document and the Service Provider. As a result, for literary or artistic translation, and without harm to the Service Provider’s rights to the work, the Service Provider reserves the right to require that his name be mentioned on any copies or publications of the translation, in compliance with Article L.132-11 of the French Intellectual Property Code.
Should the Client cancel an existing order, for whatever reason, by written notice to the Service Provider, the Client shall be charged 100% (one hundred percent) for the work already done and 50% (fifty percent) for the work remaining to be done.
16. LEGAL COMPLIANCE GUARANTEE
Consumers shall benefit from a period of two years from the date on which the digital content or service was delivered in order to obtain the implementation of the legal compliance guarantee in the event of a lack of conformity. During a period of one year starting from the delivery date, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal compliance guarantee implies an obligation to provide all updates necessary to maintain the compliance of the digital content or service.
The legal guarantee of compliance entitles the consumer to have the digital content or digital service brought into conformity without undue delay following his/her request, free of charge and without any major inconvenience to him/her.
The consumer may be granted a price reduction by keeping the digital content or the digital service. He or she may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or the digital service, if:
1° The professional refuses to bring the digital content or service into compliance;
2° The compliance of the digital content or digital service is unjustifiably delayed;
3° The digital content or digital service cannot be brought into compliance without incurring costs for the consumer;
4° Bringing the digital content or digital service into compliance causes major inconvenience to the consumer;
5° The non-compliance of the digital content or digital service persists despite the professional’s unsuccessful attempt to ensure compliance.
The consumer is also entitled to a price reduction or to terminate the contract in cases where the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not require a fee to be paid.
Any period during which the digital content or digital service is unavailable in order to be brought back into compliance will suspend the guarantee that was still in force until the digital content or digital service is brought back into compliance.
The rights mentioned above are governed by articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
Any professional who obstructs in bad faith the implementation of the legal compliance guarantee is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.
17. AMICABLE SETTLEMENT
ln the event of a complaint or dispute of any nature whatsoever, and prior to any legal action, the parties agree to attempt to settle the complaint or dispute amicably.
The parties undertake to do their utmost to ensure that this conciliation is successful. They both undertake to act in good faith.
Should an amicable settlement not be reached, the Customer and the Service Provider may request a contractual mediation, in particular with the Business Ombudsman: https://www.economie.gouv.fr/mediateur-des-entreprises
Consumer-Clients or Non-Professional Clients
In the event of a dispute between the Customer and the company, both shall endeavour to resolve it amicably (the Client shall send a written complaint to the professional or, where appropriate, to the professional’s Customer Relations Department).
In the event of failure to reach an amicable settlement or in the absence of a response from the professional within a reasonable period of one (1) month, the Consumer-Client as defined in Article L.133-4 of the French Consumer Code may, if a disagreement remains, refer the matter free of charge to the competent ombudsman on the list of ombudsmen drawn up by the Evaluation and Monitoring Commission for Consumer ADR (Commission d’évaluation et de contrôle de la médiation de la consommation) pursuant to Article L.615-1 of the French Consumer Code, in particular:
19. APPLICABLE LAW - COMPETENT JURISDICTION
These general terms shall be governed by and construed in accordance with the French law. In the absence of an amicable settlement, in compliance with Article 17 above, the parties grant exclusive jurisdiction to the French courts to resolve any dispute relating to the provision of the service and these general terms and conditions.