Art. 1. Application of general terms and conditions – Enforceability
The placing of any order implies the Client’s complete and unreserved acceptance of these general terms and conditions of sale to the exclusion of any other document. No specific condition, other than formal exceptions which are set out in writing on a purchase order that has become definitive, will override these general terms and conditions of sale.
The performance of any service by the Service Provider implies that the Client has accepted these general terms and conditions and waived its own general terms and conditions of purchase. Any conflicting condition will therefore, unless it has been expressly accepted, be unenforceable against the Service Provider, regardless of when it may have been brought to the Service Provider’s attention.
If the Service Provider refrains from applying any of these general terms and conditions of sale on a particular occasion, this may not be interpreted as a waiver of her right to apply any of the said terms and conditions at a later date.
Art. 2. Placement of orders / Quotations
Every Client order will be preceded by a quotation, which is drawn up by the Service Provider on the basis either of the documents for translation as supplied or of the information communicated by the Client.
The quotation sent by the Service Provider to the Client by post or email will specify in particular:
- The number of pages or words submitted for translation;
- The language of translation;
- The method by which the price of the translation service has been calculated. The translation service will be charged for on a fixed price basis, or on a time basis, or on the basis of the Service Provider’s charge rate in force on the day on which the quotation is issued, in particular per source word (i.e. the words in the text to be translated), per target word (i.e. the words in the translated text), per line or per page, according to the count given by the program Microsoft Word (Tools – Word Count);
- The delivery time for the translation service;
- The format of the documents to be translated if a specific layout is requested for the document;
- Any surcharges applied, in particular due to urgency, specific terminological research or any other request which lies outside the usual services provided by the Service Provider.
To confirm the order definitively, the Client must return the quotation to the Service Provider without modification. If the quotation was sent to the Client by post, the Client must sign it, adding the handwritten words ‘in confirmation of agreement’ next to the signature, and then return it by post; if the quotation was sent by email, it must be returned by email together with a message confirming the Client’s agreement. If confirmation of acceptance of the quotation is not received, the Service Provider reserves the right not to start work.
If an order is not confirmed according to the methods set out above within three (3) months from the date on which the quotation was sent, the quotation will be deemed to have lapsed.
The Service Provider reserves the right, after informing the Client, to increase her price for her services and/or not to adhere to the delivery date shown on the Client’s initial order confirmation, inter alia in the following circumstances:
- The modification of the documents or the addition of further documents by the Client after the quotation has been issued by the Service Provider, in which case the Service Provider reserves the right to adjust the price according to the volume of additional text found or requested;
- The absence of the documents at the time when the quotation was being drawn up, as a result of which the quotation had to be drawn up purely on the basis of an indication of the approximate number of words and an excerpt from the content.
If the Client does not expressly agree to these new delivery and/or invoicing conditions, the Service Provider reserves the right not to start work. Unless otherwise indicated in the quotation, any costs incurred for the provision of the service (travel, use of express postal services, etc.) will be payable by the Client.
The use of any reduction or volume discount, either on a percentage or a fixed basis (per page, per line or per hour), is a matter for the sole discretion of the Service Provider, and will apply only to the service in respect of which it is offered. Any reductions or discounts which are granted to the Client will not under any circumstances give rise to an acquired right for subsequent services.
In the event that a quotation has not been sent to the Client by the Service Provider beforehand, the translation services will be charged for in accordance with the basic tariff usually applied by the Service Provider.
Art. 3. Proof
For the purposes of proof that a quotation was accepted, the Client agrees that email, copies and electronic medium will be deemed to be equivalent to the original and to constitute perfectly adequate proof.
Art. 4. Down payment
Any order for which the price net of tax exceeds 1,000 euros may be subject to a request for a down payment, the percentage of which will be specified in the quotation. In this case, work will not start until the down payment has been received.
Art. 5. Delivery time
Subject to receipt by the Service Provider of all the documents to be translated, the delivery time mentioned in the quotation will only apply on condition that the Client confirms its order according to the methods set out in Article 2 above within three (3) working days of receipt of the quotation. After this time, the delivery date may be subject to revision depending on the Service Provider’s workload.
Art. 6. Service Provider’s obligations
The Service Provider will endeavour to carry out the translation in a manner that is faithful to the original and in accordance with the practices of the profession. She will make every effort to take into account and incorporate into the translation any information provided by the Client (glossaries, plans, drawings, abbreviations). The Service Provider declines any liability in the event of any incoherence or ambiguity in the original text; responsibility for verifying the technical coherence of the final text lies solely with the Client.
Art. 7. Client’s obligations
The Client undertakes to make available to the Service Provider all of the texts to be translated along with any technical information necessary for understanding the text and, where applicable, any specific terminology required. If the Client breaches its obligation to provide the Service Provider with any necessary information, the latter cannot be held responsible for any shortcomings in the translation or for failure to adhere to the agreed delivery time.
The Client has a period of ten (10) working days from receipt of the translated or proofread documents to express in writing any disagreement concerning the quality of the service. After this period, the service will be deemed to have been duly performed and no complaints will be accepted. To this end, the Client agrees to consider as proof of delivery any acknowledgement of receipt by post or email.
Art. 8. Confidentiality
The Service Provider undertakes to maintain confidentiality with regard to any information brought to her knowledge before, during and after the performance of her service. The originals of all documents will be returned to the Client on request.
The Service Provider will not be liable for any interception or misappropriation of information during the transfer of data, in particular via the Internet. Consequently, the Client should inform the Service Provider, before or at the time of ordering, of the means of transfer that it wishes to be used in order to safeguard the confidentiality of any sensitive information.
Art. 9. Format
The translation will be delivered by email in Microsoft Word format. On request, it can be delivered by post. Any other means of transfer or any other format must be expressly agreed between the parties and may give rise to a surcharge.
Art. 10. Liability
The Service Provider’s liability will be limited under all circumstances to the amount of the invoice concerned. Under no circumstances will the Service Provider be liable for complaints concerning stylistic nuances.
The delivery times are provided for information purposes only, and failure to adhere to them will not give rise to late delivery penalties. Under no circumstances will the Service Provider be liable for direct or indirect damage incurred by the Client or third parties as a result of a delay in delivery due in particular to force majeure, or to delays associated with email, postal or other means of transmission.
Art. 11. Corrections and proofreading
In the event of disagreement regarding specific aspects of the service, the Service Provider reserves the right to make corrections in consultation with the Client.
If the translation is to be published, the Service Provider will receive the printing proof for proofreading.
In the absence of any written provision to the contrary, any correction or proofreading will be subject to additional invoicing based on the hourly rate in force.
Art. 12. Payment terms
Unless specific terms are stipulated in the quotation, invoices will be issued net and without discounts and are payable in cash, i.e. within ten (10) days of the date of issue of the invoice.
In the event of payment by cheque or bank transfer from abroad, any exchange or bank charges will give rise either to a fixed surcharge specified in the quotation, or to the invoice being reissued to the Client.
In the event of late payment, current orders may be put on hold as of right until payment in full and the Client will be liable, without prior notice, for late payment interest of 1% (one percent) per calendar month or 12% (twelve percent), whichever is the greater, calculated on the amount of the invoice in question.
The translation will remain the property of the translator until payment in full of the amounts due.
Art. 13. Intellectual property
Before submitting a document for translation to the Service Provider, the Client must ensure that it has the right to do so. It must therefore be the author of the original document or have obtained prior written authorisation for translation from the document’s copyright holder.
Should it fail to do so, the Service Provider will not be liable in any way if any or all of the documents provided by the Client are found to infringe the intellectual property rights or any other right of a third party or any applicable regulation. Where applicable, the Client alone will assume responsibility for any damages and any financial consequences arising solely from its negligence.
Moreover, the Client acknowledges that the translation obtained from the Service Provider constitutes a new document whose copyright is held jointly by the author of the original document and the Service Provider. Consequently, for work of a literary or artistic nature, and without prejudice to her economic rights to her work, the Service Provider reserves the right to require that her name be mentioned on any copy or any publication of the translation provided.
Art. 14. Cancellation
If the Service Provider is notified in writing that an order in progress has been cancelled for any reason, the Client will be invoiced 100% (one hundred percent) of the charge for the work already done and 50% (fifty percent) of the charge for the work remaining to be done.
Art. 15. Penalty clause
In the event of legal proceedings, the Client must pay 10% (ten percent) of the outstanding amount.
Art. 16. Settlement of disputes
In the event of any dispute, the French-speaking courts of Brussels will have sole jurisdiction in accordance with the laws on the use of languages.