CGP

GENERAL TERMS OF SERVICES

VJ traduction – Virginie JANVIER

1. APPLICABILITY AND VALIDITY OF TERMS OF SERVICE

All orders placed imply the client’s full acceptance of these Terms of Service, without any reservation whatsoever and to the exclusion of any other document. No special terms will take precedence over these Terms of Service unless expressly stated in writing on the final and binding purchase order. The execution of any service by VJ traduction – Virginie Janvier – implies the Client accepts the Terms of Service and waives his own general terms and conditions. Any other disposition, in the absence of manifest consent, will be ineffective against VJ traduction regardless of the time at which it may have been made aware of it.Any condition to the contrary shall not be binding to VJ traduction unless expressly accepted by VJ traduction in writing, regardless of when VJ Traduction becomes aware of the condition. That VJ traduction does not exercise one of VJ traduction‘s right to exercise any of the provisions in these Terms of Service at a later date.

2. QUOTES AND ORDERS

Each order placed by the Client shall be preceded by a free quote issued by VJ traduction based on the documents to be translated or information provided by the Client. The quote that VJ traduction 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 way in which the translation was priced. A translation is billed either at a flat rate, at an hourly rate, or based on VJ traduction’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 the Statistics function in Microsoft Word, by line, page, or by hour.

– The date of delivery of the translation

– The format of the source and target documents

– Any special rates applied because of urgency, specific research, or any other service that goes beyond the services usually provided by VJ traduction.

-To confirm an order, the client must return the unaltered quote with the Client’s written approval and signature to VJ traduction by regular mail, electronic mail or fax. If VJ traduction does not receive the order confirmation, VJ traduction reserves the right no to begin working on the project concerned. Without any confirmation of the order within three (3) working days from the sending of the estimate, the quote shall be considered null and void. VJ traduction 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:

– Modification of the documents or the addition of documents by the Client after the initial quote was prepared by VJ traduction, in which case VJ traduction reserves the right to adjust the rate based on the additional volume of work estimated or requested.

– If the documents were not furnished 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, VJ traduction reserves the right not to begin working. Unless otherwise stated on the quote, costs incurred during the provision of services (travel, postal fees, etc…) are payable by the Client. The decision to offer a discount, reduction, or sliding fee scale based on a percentage or flat fee (per page, line or hour) are at the sole discretion of VJ traduction and only for the service to which they apply. The 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 beginning of the work, translation services shall be invoiced at the base rate usually billed by VJ traduction.

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. DEPOSIT

Any order exceeding 300, 00 (three hundred) euros excluding tax may be subject to a deposit, the amount of which shall be clearly stipulated in the quote. The work shall begin only once the payment has cleared.

5. DELIVERY

Any delivery date or dates agreed between VJ traduction and the Client shall become binding only once VJ traduction has received all the documents to be translated and if the Client has confirmed his/her order as specified in the Paragraph 2 above within 3 (three) working days from the receipt of the quote. After that time, the delivery date may be revised if so required by VJ traduction’s workload.

6. VJ TRADUCTION’S OBLIGATIONS

VJ traduction agrees to provide a translation that is as faithful as possible to the original and that complies with professional standards. She shall do everything possible to take into account and include in the translation information provided by the Client (glossaries, diagrams, abbreviations). VJ traduction shall not be held liable for any inconsistencies or ambiguities in the source text, the verification of the technical coherence of the final text remaining the Client’s sole responsibility.

7. CLIENT’S OBLIGATIONS

The client shall provide VJ traduction 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 VJ traduction, the translator shall not be held liable if the translation does not conform to the Client’s standards or if the delivery is late. The Client has 5 (five) working days from the time the translated documents are received to inform VJ traduction in writing of any disagreement concerning the quality of the translation. Once the 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

VJ traduction agrees to preserve the confidentiality of information, before, during and after providing services. Original documents shall be returned to the Client upon simple request. VJ traduction 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 VJ traduction, before the provision of services or at the time the order is placed, about the means of transmission the Client would like VJ traduction to use to ensure the confidentiality of any sensitive information.

9. FORMAT

By default, the translation will be delivered by electronic mail in Word format. VJ traduction is not obliged to do the making up of the document except the respect of the paragraphs.

10. RESPONSABILITY

The liability of VJ traduction shall be limited to the amount of the invoice. Under no circumstances shall VJ traduction 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 cause penalties for delay. VJ traduction shall not be held liable for direct or indirect damage to the Client or a third party resulting from a delay of delivery due to act of God, or fax transmission, electronic mail and postal problems.

11. CORRECTIONS AND PROOFREADINGS

In the event of disagreements about certain aspects of the translation, VJ traduction reserves the right to correct these aspects in cooperation with the Client. If the translation is to be published, VJ traduction 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 TERMS

Unless otherwise mentioned on the quote, payment in full to VJ traduction shall be made no later than 30 days from the date of the invoice. In the case of payments by bank transfer from abroad, all banking fees will be specified on the quote or 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 based on “the interest rate applied by the European Central Bank increased by 7 points of percentage “with a minimum of 25 euros, and without any formal notice being required. Translations remain the property of VJ traduction 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 VJ traduction 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 it occurs, the Client shall be held solely liable for any damage 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 VJ traduction. As a result, for literary or artistic translation, and without damage to VJ traduction’s rights to the work, VJ traduction reserves the right to require that VJ traduction’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

In case of cancellation of an order that VJ traduction has already begun translating, for whatever reason and notified in writing by the Client to VJ traduction, the client shall pay VJ traduction 100% (hundred percent) for the work already completed and 50% (half percent) for the uncompleted work.

15. COMPLAINTS AND DISPUTES

In the event of a complaint or a dispute of any nature whatsoever, VJ traduction and the Client agree to attempt to settle the complaint or dispute amicably. The enclosed general terms of sale and services provided by VJ traduction are ruled by the French law to the exclusion of any other. In the event of a dispute which cannot be solved amicably, the only competent court is the court of Besançon (France).