General Terms and Conditions of Service – Translation Services
These general terms and conditions of service govern the contractual relationship between:
Tranchant Florian EI, conducting business under the trade name « La Croisée des Mots, » located at 41 rue des Bleuets, 62580 Vimy, France, and registered under the SIREN number: 929 186 344, hereinafter referred to as « the Service Provider, »
and, on the other hand, any company, organization, or individual wishing to use the translation services, hereinafter referred to as « the Client. »
1. Purpose
These general terms and conditions of service govern the sale of translation services, including translation, proofreading, and revision of texts and content, hereinafter referred to as « the Service. »
2. Application of the General Terms and Conditions — Binding Effect
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 may prevail against these general terms and conditions unless formally and in writing specified on the confirmed and final quote.
The Service Provider’s execution of any service implies the Client’s acceptance of these terms and the waiver of any conflicting terms or conditions. Any condition to the contrary shall be inapplicable to the Service Provider unless explicitly agreed to.
Failure of the Service Provider to invoke any of these general terms at a given moment shall not be interpreted as a waiver of the right to invoke them at a later time.
3. Order Placement / Quotes
Each Client order is preceded by a free quote provided by the Service Provider based on the documents and information provided by the Client.
The quote sent by the Service Provider to the Client specifies, among other things:
- The source content or volume (word count) of the texts to be translated;
- The language combination;
- The pricing structure of the Service (either flat rate, hourly, or based on the Service Provider’s current rate, including per word in the source or target language, or per line or page);
- The delivery deadline or date of completion of the Service;
- The format of documents if specific formatting is requested;
- Any price increases due to urgency, specialized terminology research, or other requests outside of standard services.
To confirm the order, the Client must return the quote without modifications, either by signed mail with the statement « approved » when sent by post or by email confirmation when sent electronically. Failure to confirm the quote will result in the Service Provider not commencing the Service.
The delivery date will be confirmed by email after receipt of the approval. If the quote is not confirmed according to the above procedure within the validity period indicated on the quote, or, in the absence of such a period, within one (1) month from its issuance, it will be deemed void.
The Service Provider reserves the right, after informing the Client, to increase the prices or not meet the delivery date, especially in cases such as:
- Modifications or additions by the Client to the texts after the quote has been issued.
- Lack of the full source material when the quote was established.
- Lack of clear instructions from the Client for the scope of the revision or its objectives.
Without the Client’s explicit agreement to these new conditions, the Service Provider reserves the right not to begin the Service.
4. Proof
For the purposes of proving the acceptance of the quote, the Client acknowledges that email, copies, and digital media are equivalent to the original and are sufficient evidence.
5. Deposit
For orders exceeding one hundred (100) euros excluding tax, a deposit may be requested. The percentage of the deposit will be specified in the quote. The Service will only begin after receipt of the deposit.
6. Completion Time
The completion time specified on the quote applies only if the Client confirms the order before the expiration of the validity period of the quote. The final delivery date will be confirmed by email after receipt of approval and will depend on the workload of the Service Provider.
7. Service Provider’s Obligations
The Service Provider undertakes to perform the Service in accordance with the Client’s instructions and the professional standards of the industry. The Service Provider will make reasonable efforts to incorporate all information provided by the Client into the Service (e.g., glossaries, visuals, abbreviations). The Service Provider is not responsible for inconsistencies or ambiguities in the original text, which remain the Client’s responsibility.
8. Client’s Obligations
The Client agrees to provide all necessary materials and information for the Service and, if applicable, the project specifications. Failure to provide necessary information may relieve the Service Provider of responsibility for any non-conformities or delays.
The Client has ten (10) business days from the delivery of the work to report any disagreements about the quality of the Service. After this period, the Service will be deemed satisfactorily completed.
9. Confidentiality
The Service Provider agrees to maintain confidentiality of all information disclosed before, during, or after the Service. Upon request, original documents will be returned to the Client.
The Service Provider is not responsible for any interception or misdirection of information during data transfers, such as via the internet.
10. Data Protection
In the course of providing the Service, the Service Provider collects personal data from the Client (e.g., name, address, contact information). This data is processed for purposes related to the Service and marketing communications.
The Service Provider ensures that personal data is securely stored and managed in compliance with applicable data protection laws. The Client may exercise rights under data protection laws, including the right to access, rectify, and delete personal data by contacting the Service Provider.
11. Format
Deliverables will be sent to the Client via email in the format specified in the quote, or if no format is specified, in the source format. Delivery can also be made by post upon request, at an additional cost.
12. Liability
The Service Provider’s liability is limited to the amount of the invoice for the Service. The Service Provider is not liable for claims based on stylistic differences or modifications to the deliverables made by the Client without written consent.
13. Revisions and Proofreading
In case of disagreement, the Service Provider reserves the right to correct the deliverables in cooperation with the Client. Any further revisions will be charged separately, based on the hourly rate.
14. Payment Terms
The Service will be invoiced and sent electronically in PDF format. Payment is due within thirty (30) days from the invoice date, unless otherwise specified. Any international transaction fees are the Client’s responsibility.
No discount is offered for early payment.
15. Intellectual Property
The Client ensures they have the right to submit any document for translation or revision. The Service Provider will not be responsible for any infringement of intellectual property rights.
16. Cancellation
Cancellation of an order during processing must be made in writing. The Client will be charged for the work completed, and 50% of the remaining work.
17. Dispute Resolution
In the event of a dispute, the parties agree to attempt to resolve the matter amicably before initiating judicial proceedings.
To this end, they may mutually agree to engage an independent mediator or a mediation organization specializing in inter-business relations, such as the Médiateur des entreprises (accessible via the official website: https://www.economie.gouv.fr/mediateur-des-entreprises).
The mediation request must be submitted in writing, with a copy sent to the other party. The mediation process should be conducted within a reasonable timeframe, generally four months, unless otherwise agreed by the parties.
During the mediation period, the parties agree not to bring the matter before a court, except in cases of manifest urgency or the necessity to safeguard their rights. Failure to comply with this clause may be considered a breach of the obligation to seek an amicable resolution.
18. Governing Law and Jurisdiction
These terms and conditions are governed by French law. Only the French version of these terms shall prevail in case of dispute. The competent courts in France will have exclusive jurisdiction for any legal action related to the Service.
Version of December 2, 2024
The French version of these terms is available on the website or in this PDF Document.