These general terms and conditions are drawn up in French in their original version, which alone is authoritative and shall prevail over any other version translated into a foreign language.
These general terms and conditions of service set out the rights and obligations of BRAINSLATE, translation service, SIRET number 98003476300014, the “Service Provider”, on the one hand, and any individual or legal entity wishing to benefit from its services, the “Customer”, on the other hand.
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, prevail against these general terms and conditions, except formal and written exception appearing on the final quote.
The performance of any service by the Service Provider implies that the Customer accepts these general terms and conditions and renounces its own general terms and conditions of purchase. In the absence of express acceptance, any contrary condition will therefore be unenforceable against the Service Provider, regardless of when it may have been brought to the Service Provider’s attention.
The fact that the Service Provider does not at any time invoke any of these general terms and conditions for the provision of services may not be interpreted as a waiver of the right to invoke any of the said terms and conditions at a later date.
Each order placed by the Customer is generally preceded by a free quotation drawn up by the Service Provider on the basis of the documents to be translated or information provided by the Customer.
The quotation sent by the Service Provider to the Customer, by post or e-mail, shall specify in particular:
In order to confirm the order firmly and definitively, the Customer must return the quotation to the Service Provider unchanged, either by post, signed and marked “approved” if the quotation is sent by post, or by e-mail, with the Customer’s consent if the quotation is sent by e-mail. If acceptance of the quotation is not received, the Service Provider reserves the right not to proceed with the service.
If the order is not confirmed in the manner set out above within the period indicated on the quotation or, failing this, within 3 (three) months from the date on which the quotation is sent, the quotation will be considered null and void.
The Service Provider reserves the right, after informing the Customer, to increase the prices of the services and/or not to respect the delivery date indicated on the Customer’s initial order confirmation, in particular in the following cases:
In the absence of the Customer’s express agreement to these new delivery and/or invoicing conditions, the Service Provider reserves the right not to proceed with the service.
Unless otherwise agreed in the quotation, all costs incurred in providing the service (travel, express mail, etc.) shall be charged to the Customer.
Any decision to grant a discount, reduction or application of sliding-scale rates, based on a percentage or a fixed price (per page, per line or per hour), remains at the sole discretion of the Service Provider, and solely for the service which is the subject of the discount, reduction or application. Any discounts or rebates that may be granted to the Customer shall under no circumstances create a vested right for subsequent services.
In the event that the Service Provider does not send the Customer a quotation in advance, orders are placed by a simple exchange of e-mails and translation services are invoiced in accordance with the basic rate usually applied by the Service Provider or any other rate agreed between the Service Provider and the Customer in the exchange of e-mails. Any validation by the Customer of the deadline communicated by the Service Provider constitutes an order.
For the purposes of proving the existence of this acceptance of quotation, the Customer agrees to consider as equivalent to the original and as perfect proof, the electronic mail, the copy and the computer support.
Any order exceeding 1,000 (one thousand) euros excluding VAT may be subject to a request for a deposit, the percentage of which is specified on the quotation. In this case, performance of the services will not start until the deposit has been received.
Subject to the Service Provider’s receipt of all the documents to be translated, the delivery deadline given as an indication and mentioned in the quotation shall only apply if the Customer confirms the order in accordance with the terms and conditions set out in Article 2 above within 3 (three) working days of receipt of the quotation. After this period, the delivery date may be revised depending on the Service Provider’s workload.
The Service Provider shall ensure that the translation is as faithful as possible to the original and in accordance with the practices of the profession. The Service Provider shall make every effort to take into account and incorporate into the translation any information provided by the Customer (glossaries, plans, drawings, abbreviations, etc.). The Service Provider accepts no responsibility for any inconsistencies or ambiguities in the original text, as the Customer is solely responsible for verifying the technical consistency of the final text.
The Customer undertakes to provide the Service Provider with all the texts to be translated and all the technical information required to understand them and, where applicable, the specific terminology required. If the Customer fails to inform the Service Provider, the latter cannot be held responsible for any non-conformities or missed deadlines.
The Customer has 10 (ten) working days from reception of the translated or reviewed documents to express any disagreement with the quality of the service in writing. Once this period has elapsed, the service shall be considered to have been performed properly and no complaint may be admitted. To this end, the customer agrees to consider as proof of delivery any acknowledgement of receipt by post or e-mail.
The Service Provider commits to respecting the confidentiality of information brought to its attention before, during or after the performance of its services. Original documents will be returned to the Customer upon written request.
The Service Provider shall not be held liable for any interception or misappropriation of information during data transfer, in particular via the Internet. Consequently, it is the Customer’s responsibility to inform the Service Provider, prior to or at the time of the order, of the means of transfer it wishes to be used in order to guarantee the confidentiality of any sensitive information.
The translation is delivered by e-mail in Word format. On request, it can be delivered in hard copy by post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.
The Service Provider’s liability is limited solely to the amount of the invoice concerned.
Under no circumstances shall the Service Provider be held liable for claims arising from stylistic nuances.
Please note that delivery times are given as an indication only, and failure to comply with them will not, in principle, result in penalties for late delivery. In any event, the Service Provider may not be held liable for any direct or indirect damage caused to the Customer or to third parties as a result of a delay in delivery due, in particular, to force majeure or to any delivery problem.
In case of disagreement on certain points of the service, the Service Provider reserves the right to correct the translation in cooperation with the Customer.
If the translation is to be published, the Service Provider must receive the printed version for proofreading.
Unless otherwise agreed in writing, any correction or proofreading will be invoiced additionally at the current hourly rate.
Unless otherwise specified in the quotation, invoices are net, without discount and are payable within 30 (thirty) days from the issue date of the invoice.
In the event of payment by cheque or bank transfer from abroad, all exchange and bank charges will be subject either to a fixed surcharge specified on the quotation, or to full re-invoicing to the Customer.
The translation remains the property of the translator until full payment has been received.
It should be noted, with regard to business customers only, that in the case of late payment, orders in progress are automatically suspended until full payment has been made and the Customer is liable, without prior formal notice being required, in accordance with article L.441-6 of the French Commercial Code, for late payment interest calculated at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, applied to the amount of the invoice in question, as well as a fixed indemnity for collection costs of 40 euros.
Before submitting a document for translation to the Service Provider, the Customer must ensure that it has the right to do so. The Customer must therefore be the author of the original document or have obtained prior written authorisation for translation from the document’s copyright holder.
Otherwise, the Service Provider may not be held liable in any way if all or part of the documents entrusted by the Customer infringe the intellectual property rights or any other rights of a third party or any applicable regulations. In such a case, the Customer shall be solely liable for any damages and financial consequences arising from its negligence alone.
Furthermore, the Customer acknowledges that the translation produced by the Service Provider constitutes a new document, the copyright to which is held jointly by the author of the original document and the Service Provider. Consequently, in the case of services of a literary or artistic nature, and without prejudice to its economic rights in its work, the Service Provider reserves the right to demand that its name be mentioned on any copy or publication of its service, in accordance with Article L.132-11 of the French Intellectual Property Code.
In case of cancellation of an order in progress, for whatever reason, notified in writing to the Service Provider, the work already carried out will be invoiced to the Customer at the rate of 100% (one hundred per cent) and the work remaining to be carried out at the rate of 50% (fifty per cent).
The parties commit themselves, in the event of a dispute of any nature whatsoever and before taking any legal action, to submit to an attempt at conciliation.
To this end, as soon as the disputed event occurs, the parties undertake to communicate via registered letter.
The parties commit to do their utmost to ensure that this conciliation has every chance of success. They undertake to act in good faith.
In accordance with Article L.612-1 of the French Consumer Code, the consumer, subject to article L.612.2 of the French Consumer Code, has the right to submit a request in order to reach an amicable settlement via mediation, within a period of less than one year from the date of his/her written complaint to the professional.
PALSMA FREYA EI has designated, by registered membership under number 51864/VM/2311 the SAS Médiation Solution as consumer ombudsman.
To refer a matter to the ombudsman, the consumer must make his or her request:
Regardless of the means of referral used, the request must imperatively contain :
These general terms and conditions are subject to French law and must be interpreted in accordance with that 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 provision of the service and these general terms and conditions.