General conditions for the provision of services
Translation work

 

These general terms and conditions for the provision of services are intended to govern the contractual relationship between:

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Sanna HANSSEN, individual entrepreneur, carrying out her activity under the trade name "HANSEN Traduction", domiciled at 621, avenue abbé Paul Parguel, 34090 Montpellier (France) and holder of the SIREN number: 851 446 807 hereinafter "the Service Provider",_cc781905- 5cde-3194-bb3b-136bad5cf58d_

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and, on the other hand, any company, organization or individual wishing to use its translation services, hereinafter “the Client”.

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1. Object
These general terms and conditions for the provision of services relate to the sale of translation services, including services of translation, proofreading and revision of texts and content, hereinafter "the Service".

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2. Application of the general conditions - opposability
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, except formal and written exception appearing on the estimate become firm and final, prevail against the general conditions of provision of services.

The execution of any service by the Service Provider implies on the part of the Customer the acceptance of these general conditions, and the renunciation of its own general conditions of purchase. Any contrary condition will therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to its attention.

The fact that the Service Provider does not avail itself at any time of any of these general conditions for the provision of services, cannot be interpreted as a waiver of the right to subsequently avail itself of any of the said conditions.

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3. Placing of orders/quotes
Each Customer's order is preceded by a free estimate, drawn up by the Service Provider, on the basis of the documents provided and the information communicated by the Customer.

The estimate sent by the Service Provider to the Client, by e-mail or by post, specifies in particular:

•     The source contents or the number of words submitted for translation;
•     The language combination;
•     The methods for determining the price of the Service. The latter is invoiced either on a flat-rate basis, or on a time-spent basis (by the hour), or on the basis of the Service Provider's rate in force on the day the estimate is produced, in particular on the source word (i.e. say by words contained in the text to be translated) or by the target word (i.e. by words contained in the translated text) according to the count proposed by the Microsoft Word software (Tools > Statistics) or a Computer-Assisted Translation (CAT) software, by line or by page;
•     The completion time or delivery date of the Service;
•     The format of the documents to be delivered in the event of a specific layout request;
•     Any price increases applied in particular due to urgency, specific terminological research or any other request outside the usual services provided by the Service Provider.

To confirm his order in a firm and definitive manner, the Customer must return the estimate to the Service Provider without any modification, either by letter signed with the mention "good for agreement" when the estimate was sent to him by post, or by return of e-mail with the expression of his consent when the quote was sent to him by e-mail. Failing receipt of acceptance of the quote, the Service Provider reserves the right not to start the Service.

The delivery date will be confirmed by e-mail after receipt of the approval slip. In the absence of confirmation of his order according to the methods defined above within the period of validity indicated on the estimate or, failing this, within a period of one (1) month from the date of dispatch, the latter will be deemed null and void.

The Service Provider reserves the right, after having informed the Customer, to increase the prices of the Service and/or not to respect the delivery date specified during the order confirmation, and this, in particular in the following cases:
1.     The modification or addition by the Customer of texts to be translated, proofread or revised after the establishment of the estimate by the Service Provider, in which case the Service provider reserves the right to adjust the price according to the volume of text or the additional working time noted or requested.
2.     The absence of all or part of the source when establishing the estimate. If the estimate had to be made on simple communication of the approximate number of words and an extract of the content.
3.     The absence of clear instructions from the Customer specifying the scope of the overhaul project and its objectives for establishing the estimate.

In the absence of the Customer's express agreement on these new delivery and/or invoicing conditions, the Service Provider reserves the right not to start the Service.

Unless otherwise agreed on the quote, the costs incurred for the performance of the Service (travel, sending express mail, etc.) are the responsibility of the Customer.

Any decision to discount, reduce or apply decreasing rates, according to a percentage or a flat rate (per page, line or hour), remains at the sole discretion of the Service Provider, and this, only for the Service which is the subject of it. Any discounts or rebates granted to the Customer shall in no case give rise to an acquired right for subsequent services.

In the event that no prior estimate has been sent to the Client by the Service Provider, orders are placed by simple exchange of e-mails and the Services are invoiced in accordance with the base rate usually applied by the Service Provider or at any other agreed rate. between the latter and the Customer in the exchange of e-mails. Any validation by the Customer of the deadline communicated by the Service Provider shall constitute an order.

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4. Proof 
For the purposes of proof of the existence of this quote acceptance, the Customer agrees to consider as equivalent to the original and as perfect proof, the electronic mail, the copy and the computer medium.

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5. Deposit
Any order whose amount excluding taxes exceeds one thousand (1,000) euros may be subject to a request for a deposit, the percentage of which will be specified on the estimate. In this case, the performance of the Service will only begin after receipt of the deposit.

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6. Completion time
Subject to receipt by the Service Provider of all the documents covered by the Service, the completion time mentioned on the estimate is only applicable on the condition that the Customer confirms his order before the expiry of the period of validity of the estimate, according to the terms defined in article 3 above. 

The delivery date, confirmed by e-mail after receipt of the approval form, is set according to the Service Provider's workload.

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7. Obligations of the Service Provider
The Service Provider strives to provide the Service in accordance with the Client's instructions and in accordance with the practices of the profession. It makes every effort to take into account and integrate into the Service the information provided by the Client (glossaries, visuals, abbreviations, etc.). The Service Provider declines all responsibility in the event of inconsistency or ambiguity in the original text, the verification of the technical consistency of the final text being the sole responsibility of the Client.

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8. Customer Obligations    
The Client undertakes to make available to the Service Provider all the texts to be translated, proofread or revise and all information necessary for the understanding of the source and the project and, where applicable, the specifications and all the documentation necessary for the performance of the Service. In the event of a breach by the Client of its obligation to inform the Service Provider, the latter cannot be held liable for any non-compliance or for exceeding deadlines.

The Customer has a period of ten (10) working days from receipt of the deliverables to express in writing any disagreement concerning the quality of the Service. After this period, the Service will be considered as having been duly performed and no dispute may be admitted. 

To this end, the Customer agrees to consider as proof of delivery any acknowledgment of receipt by post, email or cloud interface.

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9. Confidentiality
The Service Provider undertakes to respect the confidentiality of the information brought to its attention before, during or after the performance of the Service. The originals are returned to the Customer on simple written request.

The Service Provider cannot be held liable for interception or misappropriation of information during the transfer of data, in particular via the Internet. Consequently, it is up to the Client to inform, beforehand or when ordering, the Service Provider of the means of transfer that he wishes to see implemented in order to guarantee the confidentiality of any sensitive information.

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10. Protection of personal data
As part of the Service, the Service Provider collects personal data concerning the Client (title, surname, first name, company name, postal address, telephone number, email). This data is used to send the Customer, on the one hand, quotes, invoices and information necessary for the Service and, on the other hand, messages of a promotional nature on the Service Provider's services.

The data collected is subject to computer processing carried out by the Service Provider and is stored securely for the purpose of providing the Service, subject of these general conditions, and under legal and regulatory obligations.

The data processing and protection manager is Sanna HANSSEN – 621, avenue abbé Paul Parguel, 34090 Montpellier – sanna@hansentranslation.com. Access to personal data will be strictly limited to him. 

The information collected may possibly be communicated to a third party linked to the Service Provider's company by contract for the performance of subcontracted tasks (hereinafter, "the Subcontractor").

The Subcontractor is required to comply with these general conditions. It is up to the Service Provider to ensure that the Subcontractor presents the same sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the European data protection regulations.

In the event of a data breach, the Service Provider will inform the Client as soon as possible and, within 72 hours of becoming aware of it, will notify this breach to the National Commission for Computing and Liberties (CNIL)._cc781905-5cde- 3194-bb3b-136bad5cf58d_

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended by Law No. 2004-801 of August 6, 2004, and by European Regulation No. 2016/679/EU , the Customer has a right of access, rectification, erasure, and portability of the data concerning him, as well as the right to oppose the processing for legitimate reasons, rights which he can exercise in addressing the data controller at the postal or email address mentioned above, attaching valid proof of identity.

For more information and in the event of a complaint, the Customer may contact the National Commission for Computing and Liberties (www.cnil.fr).

Personal data is kept for three years after the end of the current year. If at the end of this period no commercial relationship is established, they will be erased from the Service Provider's servers.

However, once the Customer has placed an order, and even in the event of a request to delete an account, the Service Provider is required to keep the personal data appearing on the invoices and purchase orders for ten (10) years from their date of receipt. issue (article L-123-22 of the Commercial Code).

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11. Size
The deliverables of the Service are communicated in the cloud specified by the Customer, sent to the Customer by e-mail in the format specified in the quote, or failing that, from the source. On request, delivery can be made by courier. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.

12. Liability
In any event, the Service Provider's liability is limited solely to the amount of the invoice for the Service.

Under no circumstances can the Service Provider be held liable for complaints motivated by nuances of style or changes made to the deliverables of the Service without its written authorization.

It is specified that delivery times are only given as an indication, failure to observe them cannot, in principle, lead to penalties for delay. In any event, the Service Provider cannot be held liable for direct or indirect damage caused to the Customer or to third parties due to a delay in delivery, due in particular to a case of force majeure or a possible problem of 'forwarding.

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13. Corrections and proofreading
In the event of disagreement on certain points of the Service, the Service Provider reserves the right to correct it in cooperation with the Client.

When the deliverables of the Service must be edited, the Service Provider will receive the printing proof for proofreading.

Unless otherwise provided in writing, any correction or proofreading is subject to additional invoicing on the basis of the current hourly rate.

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14. Terms of payment
Unless otherwise specified, the entire invoice for the Service must be paid within thirty (30) days net from its date of issue. 

A request for a deposit, the percentage of which will be specified on the estimate, is possible in the case of projects of more than 40,000 words and for which the estimated delivery time exceeds one (1) month.

In the event of payment by check or bank transfer from abroad, all exchange and bank charges are the responsibility of the Customer and may therefore give rise either to a fixed increase specified on the estimate, or to a re-invoicing. integral to the Customer. 
The deliverables of the Service remain the property of the Service Provider until receipt of full payment. 

These general conditions for the provision of services being the subject of an agreement concluded between the Service Provider and the Client, the payment of the Service cannot be subject to the verification, approval or payment of any other party.

It should be specified with regard to professional customers only, that in the event of late payment, orders in progress will be automatically interrupted until full payment and the Customer will be liable, without a prior formal notice being necessary, late payment interest set at ten percent (10%) per month from the first day following the payment deadline and applied to the total amount excluding tax of the invoice in question, to which will be added, in accordance with the Article D.441-10 of the Commercial Code, a lump sum indemnity for recovery costs of forty (40) euros.

The Service Provider will not accept any new order from the Customer before having received full payment of the sums due.

15. Intellectual Property
Before submitting a document for translation, proofreading or revision to the Service Provider, the Client must ensure that he has the right to do so. He must therefore be the author of the original document or have obtained the prior written authorization of the holder of the copyright of the document.

Failing this, the Service Provider cannot in any way be held liable if all or part of the documents entrusted by the Client were to infringe the intellectual property right or any other right of a third party or any applicable regulation. If necessary, the Customer alone would assume any damages and financial consequences that would result from his sole negligence.

Furthermore, the Client acknowledges that a translation constitutes a new document whose copyright is jointly owned by the author of the original document and the Service Provider. Consequently, in the event 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 require that its name be mentioned on any copy or any publication of the deliverables of the Service, in accordance with the Intellectual Property Code, paragraph L.132-11.

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16. Cancellation
Any cancellation of an order in progress, whatever the cause, must be notified in writing to the Service Provider. The work already done will be invoiced to the Customer at one hundred percent (100%) and the work remaining to be done at fifty percent (50%).

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17. Friendly settlement
The parties undertake, in the event of a dispute of any nature whatsoever, to attempt an amicable settlement of this dispute as follows. As of the occurrence of the disputed event, the parties jointly seize the SFT Arbitration Committee by registered letter, with a copy by registered letter to each party. The parties entrust the said committee with attempting a conciliation according to the methods decided by it. The parties undertake to do their best to ensure that this conciliation has every chance of succeeding and to demonstrate all the necessary good faith.

They also undertake not to seize a judge during the four months following the referral to the Committee and admit that any referral made in contradiction with this obligation may be analyzed in an end of inadmissibility or failing that, in an obstacle any amicable settlement of the dispute and will justify the payment to the other party of an indemnity of 1,500 (one thousand five hundred) euros.

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18. Applicable law and competent jurisdiction
These general conditions are subject to French law and must be interpreted in accordance with it. In the absence of an amicable settlement in accordance with article 17 above, the parties assign exclusive jurisdiction to the French commercial courts to settle any dispute relating to the Service and these general conditions.

Version of 03/10/2021