Allgemeine Geschäftsbedingungen

 

Zur Zeit nur auf Englisch und Französisch

General Terms of Sale recommended by the SFT

1. APPLICABILITY AND VALIDITY OF TERMS OF SALE

 

All orders placed imply the client's full acceptance of these Terms of Sale, without

any reservation whatsoever and to the exclusion of any other document.

No special terms will take precedence over these Terms of Sale unless expressly

stated in writing on the final and binding purchase order.

 

The execution of any service by the Service Provider implies the Client accepts these

Terms of Sale and waives his own general terms and conditions. Any other

disposition, in the absence of manifest consent, will be ineffective against the Service

Provider, regardless of the time at which he/she may have been made aware of it.

Any condition to the contrary shall not be binding to the Service Provider unless

expressly accepted by the Service Provider in writing, regardless of when the Service

Provider becomes aware of the condition. That the Service Provider does not

exercise one or more of the provisions in these Terms of Sale shall not be interpreted

as a waiver of the Service Provider's right to exercise any of the provisions in these

Terms of Sale at a later date.

 

2. QUOTES AND ORDERS

 

Each order placed by the Client shall be preceded by a free quote issued by the

Service Provider based on the documents to be translated or information provided by

the Client.

 

The quote the Service Provider sends to the Client by regular mail, electronic mail, or

fax shall include:

• The number of words or pages to be translated;

• The language pair (the document and its translation);

• The way in which the translation was priced. A translation is billed either at a flat

rate, at an hourly rate, or based on the Service Provider's rates at the time the quote

is prepared, such as the number of words in the text to be translated or number of

target words in the translated text, according to the Statistics function in Microsoft Word or Trados ( or any other mutually agreed upon tool).

• The date of delivery of the translation;

• The format of the translated documents in case a specific layout has been

requested;

• Any special rates applied because of urgency, specific research, or any other

service that goes beyond the services usually provided by the Service Provider.

 

To confirm an order, the Client must return the unaltered quote with the Client's

written approval and signature to the Service Provider by regular mail or fax if the

quote was sent to the Client by regular mail or fax. If the Client received the quote by

electronic mail, the Client may confirm the order by expressing this clear acceptance

by return electronic mail. If the Service Provider does not receive the order

confirmation, the Service Provider reserves the right not to commence work on the

project concerned.

If confirmation of the order is not received within three (3) months of the date the

quote is sent by the means stipulated above, the quote shall be considered null and

void.

 

The Service Provider reserves the right, after informing the Client, to charge an

additional fee and/or not to adhere to the delivery date on the Client's initial order in

the following cases:

 

a. Modification of documents or the addition of documents by the Client after the initial

quote was prepared by the Service Provider, in which case the Service Provider

reserves the right to adjust the rate based on the additional volume of work estimated

or requested;

b. If the documents were not provided in their entirety during the quote preparation process (if the initial quote was based on the Client's estimation of the number of words and an excerpt of the text).

 

In the absence of the Client's express acceptance of the new delivery and/or

invoicing conditions, the Service Provider reserves the right not to commence work.

Unless otherwise stated on the quote, costs incurred during the provision of services

(travel, courier or postal fees, etc.) Any decisions to offer a discount, reduction, or

sliding fee scale based on a percentage or flat flee (per page, line or hour) are at the

sole discretion of the Service Provider and only for the service to which they apply.

Any discounts or rebates offered to the Client shall not create a right vested in

interest concerning future services.

In the event that a quote is not sent to the Client before the commencement of work,

translation services shall be invoiced at the base rate usually billed by the Service

Provider or at any other rate agreed between the latter and the Client via e-mail.

 

3. PROOF

 

The Client agrees to consider faxes, e-mails, copies, and computer files as

equivalent to the original and valid proof that the order was confirmed.

 

 

4. DEPOSITS

 

Any order exceeding 500.00 (five hundred) Euro excluding tax may be subject to a deposit, the

amount of which shall be clearly stipulated in the quote. Work shall begin only once

the payment has cleared.

 

5. DELIVERY

 

Any delivery date or dates agreed between the Service Provider and the Client shall

become binding only once the Service Provider has received all the documents to be

translated and if the Client has confirmed his/her order as specified in Paragraph 2

above within 3 (three) working days from the date of reception of the quote. After that

time, the delivery date may be revised if so required by the Service Provider's workload.

 

 

6. THE SERVICE PROVIDER’S OBLIGATION

 

The Service Provider agrees to provide a translation that is as faithful as possible to

the original and that complies with professional standards. He/she shall do everything

possible to take into account and include in the translation information provided by

the Client (glossaries, drawings, diagrams, abbreviations). 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. THE CLIENT’S OBLIGATIONS

 

The Client shall provide the Service Provider with all of the texts to be translated and

all of the technical information required to understand the text and, if necessary, the

specific terminology required. If the Client fails to inform the Service Provider, the

Service Provider shall not be held liable if the translation does not conform to the

Client's standards or if delivery is late.

The client has 10 (ten) working days from the time the translated documents are received

to inform the Service Provider in writing of 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. The client agrees to consider postal, fax, or

electronic mail receipts as proof of delivery.

 

8. CONFIDENTIALITY

 

The Service Provider agrees to preserve the confidentiality of the information he/she was made aware of before, during, and after providing services. Original documents shall be returned to the Client upon simple 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, the Client must inform the Service Provider before the provision

of services or at the time the order is placed of the means of transmission the Client

would like the Service Provider to use to ensure the confidentiality of any sensitive

information.

 

9. FORMAT

 

Translations are delivered by electronic mail in Word format. On request, translations

may be delivered in paper by regular mail. Any other means of delivery or formats must be expressly agreed to by the parties and may result in additional fees.

 

10. RESPONSIBILITY

 

The liability of the Service Provider on any grounds whatsoever 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 deadlines are provided for information only and

that missed deadlines shall not be considered grounds for penalties. In any event, the Service Provider shall not 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 due, in particular, to force majeure, or to any delivery problem.

 

11. CORRECTIONS and PROOFREADING

 

In the event of disagreements about certain aspects of the translation, the Service

Provider reserves the right to correct these aspects in cooperation with the Client.

If the translation is to be published, the Service Provider shall receive the printer's

proofs to proofread them before the document goes to print.

Unless otherwise specified in writing, all corrections will result in additional charges to

be billed at the prevailing hourly rate.

 

12. PAYMENT

 

Unless otherwise mentioned on the quote, payment in full to the Service Provider

shall be made no later than 30 (thirty) days from the date of invoice.

In the case of payments by check or wire from abroad, all forex and banking fees will

be specified on the quote or be billed to the Client.

In the event of late payments, orders in progress can be unilaterally interrupted until

full payment is received and the Client will be liable for late payment penalties of one

and a half time the prevailing base legal interest rate applied to the entire sum in

question, without any formal notice being required.

Translations remain the property of the Service Provider until payment has been

received in full.

 

13. COPYRIGHT

 

Before undertaking to have a document translated, 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 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.

Furthermore, the Client acknowledges that the translation is a new document, whose

copyright is 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 the Service Provider's name be mentioned on any copies or publications

of the translation, in compliance with France’s Intellectual Property Code (paragraph

L.132-11).

 

14. CANCELLATION

 

If work that is commissioned is subsequently cancelled after work has commenced,

for whatever reason and notified in writing by the Client to the Service Provider, the

Client shall pay the Service Provider the full contract sum for the work completed and

half (fifty percent) for the uncompleted work.

 

15. COMPLAINTS and DISPUTES

 

In the event of a complaint or dispute of any nature whatsoever, the Service Provider

and the Client agree to attempt to settle the complaint or dispute amicably. The parties promise to do their utmost to ensure that this conciliation has every chance of success and agree to act in good faith.

 

16. APPLICABLE LAW - JURISDICTION

 

These General Terms and Conditions are governed by and must be interpreted in accordance with French law. In the absence of an amicable settlement in accordance with article 15 above, the parties grant exclusive jurisdiction to the French courts to settle any dispute relating to the service provided and these general terms and conditions.