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General Terms and Conditions
General Terms and Conditions for Translation Services
1. Scope of Application
1.1 Unless otherwise specifically agreed in writing, these Terms and Conditions shall apply to all agreements entered into by Le Mot et l’Esprit and the Client concerning translation services, including any other services and additional services provided.
2. Offer and Acceptance
2.1 When requesting Le Mot et l’Esprit to prepare an offer, the Client shall supply a finalised text for translation and specify the purpose and the target group, for which it is intended.
2.2 When requesting Le Mot et l’Esprit to prepare an offer, the Client shall also provide all such information, as may be of importance to the completion of the translation work, including (a) specification of the delivery format (electronic, printed, diskette, etc.) and (b) information concerning particular security requirements in terms of storage of source text and translation.
2.3 Where the Client requires Le Mot et l’Esprit to use software programs other than those normally used in the translation business, the Client shall make such programs available of Le Mot et l’Esprit for the duration of the translation work.
2.4 Le Mot et l’Esprit will then submit a quotation based on their reading of the complete text. The quotation shall include the first proof.
2.5 Le Mot et l’Esprit’s offer shall apply for a period of 30 days from the date of mailing. After this date, the offer shall not be binding on Le Mot et l’Esprit. Le Mot et l’Esprit shall consider the offer to be accepted upon receipt of the Client’s signature/written acceptance.
2.6 The transaction shall be governed by the agreement entered into by the parties and by Le Mot et l’Esprit’s General Terms and Conditions. Any subsequent alterations, including additions and additional agreements, shall be subject to Le Mot et l’Esprit’s express written acceptance.
3.1 Unless otherwise agreed, Le Mot et l’Esprit’s fee shall be based on the source text. Wherever possible, Le Mot et l’Esprit will make an electronic count of the number of words, lines etc. using a recognised software program. Work outside normal working hours (9 a.m. to 5 p.m.) shall be subject to an extra charge of up to 100 per cent.
3.2 Any order whose amount before tax exceeds 500 euros will be subject to an advance payment set at 35% of the total quoted price. In such cases, the translation services will start only once the advance payment has been received.
4.1 Unless otherwise agreed, Le Mot et l’Esprit’s fee shall be payable by cheque or bank transfer against delivery of the translated text to the Client and no later than thirty (30) days net after the date of invoicing.
4.2 Failure by the Client to make punctual payment shall entitle Le Mot et l’Esprit, upon written demand, to charge three (3) per cent interest per month or fraction thereof from the due date and until payment is made .
5. The translation may be used exclusively for the purpose(s) and to the extent agreed, unless the parties have specifically agreed otherwise. Any other use shall require a separate agreement.
5.2 Major publications shall state the Translator’s name (ie. Le Mot et l’Esprit) according to good practice.
5.3 If the translation is published in a book, periodical, brochure or manual, the Translator’s name (ie. Le Mot et l’Esprit) shall appear on the title page or in the colophon, unless otherwise agreed.
5.4 The Client shall not be entitled to make amendments in or additions to the translation without Le Mot et l’Esprit’s prior acceptance. This provision shall also apply to headlines and captions for photographs or illustrations.
6.1 Le Mot et l’Esprit shall maintain confidentiality regarding all matters that may come to their knowledge in the course of the assignment, unless such information is generally available to the public.
6.2 The duty of confidentiality shall not apply where Le Mot et l’Esprit is required by law to disclose confidential information.
7. Client Duties
7.1 The Client shall, to the extent possible, provide Le Mot et l’Esprit with all such additional material, as may be necessary for performing the assignment.
7.2 In order to facilitate the translation, the Client shall provide Le Mot et l’Esprit with the name(s) of one or more persons whom Le Mot et l’Esprit may contact for queries regarding the wording and/or contents of the text.
8.1 A cancellation fee of at least 25 per cent of the agreed price shall become payable if the Client cancels a translation before Le Mot et l’Esprit has started the assignment. If Le Mot et l’Esprit has started working on the translation, Le Mot et l’Esprit shall also be paid, as a minimum, the fee for the translation work performed prior to cancellation or for hours spent on preliminary work. Any translation work performed up to the point of cancellation will be delivered to the Client “as is” without any liability on the part of Le Mot et l’Esprit.
9. Le Mot et l’Esprit’s Liability for Errors and Omissions
9.1 Any errors or omissions discovered in the translation must be reported to Le Mot et l’Esprit immediately upon discovery and no later than ten (10) days from delivery of the translation to the Client.
9.2 Le Mot et l’Esprit’s liability for errors and omissions shall terminate definitively ten (10) days from delivery of the translation to the Client.
9.3 Liability shall under no circumstances exceed the maximum amount of Le Mot et l’Esprit’s professional liability insurance coverage or include claims for damages that are not covered by such liability insurance.
10. Force Majeure
10.1 If Le Mot et l’Esprit is unable to perform their duties due to circumstances beyond their control, such as industrial disputes, operational problems, fire, water damage or other similar force majeure events, Le Mot et l’Esprit’s duties shall be suspended for the duration of such circumstances.
10.2 Le Mot et l’Esprit shall inform the Client without delay of any such circumstances and provide an estimate of their duration.
10.3 Le Mot et l’Esprit shall not be liable for any damages resulting from delay.
11. Venue and Governing Law
11.1 Any dispute arising directly or indirectly out of the agreement entered into by the parties shall come under the jurisdiction of the French court system.
11.2 These Terms and Conditions and the legal relations between Le Mot et l’Esprit and the Client shall be governed by French law.
12. Partial Invalidity
12.1 Should one or more provisions of these Terms and Conditions or of any other agreement entered into by Le Mot et l’Esprit and the Client become invalid, the remaining provisions shall remain in full force and effect. The parties shall be obliged to substitute any such invalid provision with a legally valid provision, which most closely approximates the financial intents of the invalid provision.