General Terms of Business for Commissioned Translation Work
- Translator shall mean Anne-Julie Dupart, 5M rue des Lilas, 35135 Rennes (France), the party providing a translation in the normal course of business.
- Client shall mean (Name, Address and country), the party commissioning a translation in the normal course of business.
- Translation task shall mean the preparation of a translation or any other translation-related task such as proofreading, editing, etc., which calls upon the translation skills of a translator, as well as copywriting.
- Proofreading (Swedish Korrekturläsning) shall mean the checking of grammar, syntax, spelling, punctuation, and consistency.
- Editing or revision (Swedish språkgranskning) shall mean the adjusting of vocabulary and sentences to fit readers’ needs.
- Source words (Swedish källord): words in the text to be translated
- Target words (Swedish målord): words in the translated text
- Source language (Swedish källspråk): language of the text to be translated (English or Swedish)
- Target language (Swedish målspråk): language of the translated text (French)
- Source document (Swedish källdokument): document to be translated
- Target document (Swedish måldokument): translated document
2. APPLICABILITY AND VALIDITY OF TERMS OF BUSINESS
All orders placed by the Client imply the Client’s full acceptance of these Terms of Business, without any reservation whatsoever and to the exclusion of any other document.
No special terms will take precedence over these Terms of Business unless expressly stated in writing on the final and binding purchase order.
The execution of any service by the Translator implies that the Client accepts these Terms of Business and waives his own general terms and conditions. Any other disposition, in the absence of manifest consent, will be ineffective against the Translator, regardless of the time at which he/she may have been made aware of it. Any condition to the contrary shall not be binding to the Translator unless expressly accepted by the Translator in writing, regardless of when the Translator becomes aware of the condition.
That the Translator does not exercise one or more of the provisions in these Terms of Business shall not be interpreted as a waiver of the Translator’s right to exercise any of the provisions in these Terms of Business at a later date.
The client’s terms of service are not in effect until approved in writing by the translator.
3. QUOTES AND ORDERS
Each order placed by the Client shall be preceded by a free quote issued by the Translator based on the documents to be translated or information provided by the Client.
The quote the Translator sends to the Client by regular mail or electronic mail 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 the Translator’s rates at the time the quote is prepared, such as the number of source words or number of target words, according the Statistics function in Microsoft Word, by line, page, or by hour.
- The date of delivery of the translation;
- The format of the translated documents in case a specific layout has been requested;
- Any special rates applied because of urgency, specific research, or any other service that goes beyond the services usually provided by the Translator.
To confirm an order, the Client must return the unaltered quote with the Client’s written approval and signature to the Translator by regular mail if the quote was sent to the Client by regular mail. If the Client received the quote by electronic mail, the Client may confirm the order by expressing this clear acceptance by return electronic mail. If the Translator does not receive the order confirmation, the Translator reserves the right not to commence work on the said project.
If confirmation of the order is not received within the time indicated on the quote or within one (1) month of the date the quote is sent by the means stipulated above, the quote shall be considered null and void.
The Translator reserves the right, after informing the Client, to charge an additional fee and/or to change the delivery date on the Client’s initial order in the following cases:
- Modification of documents or the addition of documents by the Client after the initial quote was prepared by the Translator, in which case the Translator reserves the right to adjust the rate based on the additional volume of work estimated or requested;
- Modification of documents or the addition of documents by the Client after delivery of the transaltion will be subject to a 100% increase in the invoice amount;
- If the documents were not provided 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, the Translator reserves the right not to commence work.
Unless otherwise stated on the quote, costs incurred during the provision of services (travel, courier or postal fees, etc.) are the responsibility of the Client.
Any decisions to offer a discount, reduction, or sliding fee scale based on a percentage or flat flee (per page, line or hour) are at the sole discretion of the Translator and only for the service to which they apply. Any discounts or reductions 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 commencement of work, orders shall be placed by e-mail exchange and translation services shall be invoiced at the base rate usually billed by the Translator. Any validation by the Client of the deadline communicated by the Translator shall constitute an order.
The Client agrees to consider e-mails, copies, and computer files as equivalent to the original and valid proof that the order was confirmed.
The prices of the services being sold are those which are in effect on the day the order is accepted. They are quoted in Euros and exclusive of tax. The Translator is not subject to VAT (VAT-exempt art. 293B from French Tax Code).
Any first order shall be subject to a 50 % deposit of the total quoted amount.
Any order exceeding Euro 1000.00 excluding tax may be subject to a deposit, the amount of which shall be clearly stipulated in the quote. Work shall begin only once the payment has cleared.
For long assignments or texts, the translator may request an initial payment and periodic partial payments on terms to be agreed. Where delivery is in instalments and notice has been given that an interim payment is overdue, the translator shall have the right to stop work on the task in hand until the outstanding payment is made.
No discount shall be granted for early paiement.
Any delivery dates agreed between the Translator and the Client shall become binding only once the Translator has received all the documents to be translated and if the Client has confirmed his/her order as specified in Paragraph 3 above within 3 (three) working days from the date of reception of the quote. After that time, the delivery date may be revised if so required by the Translator’s workload.
8. THE TRANSLATOR’S OBLIGATIONS / RIGHTS
The Translator agrees to provide a translation that is as faithful as possible to the original and that complies with professional standards. He/she shall do everything possible to take into account and include in the translation information provided by the Client (glossaries, drawings, diagrams, abbreviations). The Translator shall not be held liable for any inconsistencies or ambiguities in the source text, the verification of the final text’s technical coherence remaining the Client’s sole responsibility.
The Translator reserves the right to refuse to translate a document that is clearly illegal, or that may be subject to sanctions, because of its content, even for the Client’s private use.
9. THE CLIENT’S OBLIGATIONS
Before the translation process has started, the Client shall provide the Translator 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, any special style preferences and/or pertinent materials. If the Client fails to inform the Translator, the Translator shall not be held liable if the translation does not conform to the Client’s standards or if delivery is late.
The client has 10 working days from the time the translated documents are received to inform the Translator in writing of any disagreement concerning the quality of the translation. Once this period has expired, the service shall be considered duly completed and no claims may be made. The client agrees to consider postal or electronic mail receipts as proof of delivery. In the event of refusal of a translation that has been started or completed, the Client shall provide a reasonable and precise explanation.
The Client shall provide a complete, proofread and error-free source document, written by a human being. If the source document has been written by a person whose native language is not the language of the document, the Client shall answer any questions from the Translator as regards any potential inconsistencies in the source text and the time spent clarifying the source text may be charged by the Translator to the Client.
The Translator agrees to preserve the confidentiality of information the Translator becomes aware of before, during, and after providing services. Original documents shall be returned to the Client upon simple request.
The Translator 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 the Translator before the provision of services or at the time the order is placed of the means of transmission the Client would like the Translator to use to ensure the confidentiality of any sensitive information.
The Client acknowledges that proofreading or editing services might be carried out by Orane Desnos, as described in the Subcontracting Agreement binding Anne-Julie Dupart and Orane Desnos (available upon request).
11. DELIVERY FORMAT
Source and target documents shall be sent and delivered by electronic mail in Word, Excel, or PowerPoint format. Any other means of delivery or formats must be expressly agreed to by the parties and may result in additional fees.
The liability of the Translator on any grounds whatsoever shall be limited to the invoiced value of the work.
Under no circumstances shall the Translator be held liable for claims related to nuances of style, taste and individual preference.
The Translator shall not be liable for alterations made to her/his work by other persons.
It is expressly agreed that delivery deadlines are provided for information only and that missed deadlines shall not be considered grounds for penalties. The Translator shall not be held liable for direct or indirect harm to the Client or a third party resulting from late delivery due to force majeure or electronic mail, postal and other problems.
In the case of a legal translation, the translation is provided solely for the purpose of comprehension. Any other use as it stands by the Client, without prior approval by a lawyer engaged by the Client and at its own expense, is at the Client’s exclusive risk and peril and shall in no case engage the Translator’s liability.
13. CORRECTIONS AND PROOFREADING
In the event of disagreements about certain aspects of the finished or unfinished translation, the Translator reserves the right to correct these aspects in cooperation with the Client. The Client shall then inform the Translator by sending the Translator a list of the changes by e-mail and shall make themselves available on the phone in order to clearly explain the disagreements.
Unless otherwise specified in writing, all corrections or proofreading will result in additional charges to be billed at the prevailing hourly rate.
The Translator is the main and last proofreader of the Translation. If the translation is to be printed or published, the Translator shall receive the final copies to proofread them before the document goes to print or is published, failing which, a 100% surcharge of the invoice value shall be applied.
If the Client wishes to have the final translation proofread by a third party, the third-party shall be a native French speaker and an expert in the French language. Otherwise, the Translator may refuse to take into account the third party’s possible comments.
Unless otherwise mentioned on the quote, payment in full, or minus any amount already paid on deposit, to the Translator shall be made upon receipt of the invoice no later than 30 calendar days from the date of invoice, by wire transfer or money transfer (VAT-exempt art. 293B from French Tax Code).
The translation remains the property of the Translator until payment has been received in full.
All wire transfer fees from abroad, and other charges incurred in remitting payment from abroad (including intermediary and correspondent bank charges) are payable by the Client. The Translator reserves the right to invoice the Client for any bank charges deducted from the payment.
In the event of late payments, orders in progress can be unilaterally interrupted until full payment is received. Interest at the rate of 10% per month, effective from the first calendar day following the payment deadline indicated on the invoice, will be charged on all overdue balances, without any formal notice being required.
The contract for the work is established between the Translator and the Client, and payment of the Translator’s fee is not contingent on the review, approval or payment of any third party.
The translator shall not accept any new work from the Client before having received full payment of previous contracts.
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 the Translator 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 this were to occur, the Client shall be held solely liable for any harm 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 the Translator. As a result, without harm to the Translator’s rights to the work, the Translator reserves the right to require that the Translator’s name be mentioned on any copies or publications of the translation, in compliance with French Intellectual Property Code (paragraph L.132-11).
Our services include compulsory review of final copy by the translator before printing or publishing, failing which a 100 % surcharge will apply, as the translator’s name appears in credits.
If work that is commissioned is subsequently cancelled after work has commenced, for whatever reason and notified in writing by the Client to the Translator, the Client shall pay the Translator the full contract sum for the work completed and half (fifty percent) for the uncompleted work.
17. COMPLAINTS AND DISPUTES
No claims will be considered after 15 days from the date of invoice.
In the event of a complaint or dispute of any nature whatsoever, the Translator and the Client agree to attempt to settle the complaint or dispute amicably as follows. As soon as the event from which the complaint or dispute arises occurs, either party may refer the matter to the Arbitration Commission of the Société Française des Traducteurs (SFT) by registered letter with return receipt. The parties agree to allow the Commission to attempt to arbitrate using the means it deems appropriate. The parties agree to do everything within their power to ensure that arbitration is successful. They agree to operate in good faith. They also agree not to take legal action in the four months following the referral of the dispute to the Commission. The parties agree that any attempt to resolve the matter through channels other than the Commission during this period may result in the rejection of the case by the Commission or in the incapacity to resolve the matter amicably and shall justify the payment to the other party of Euro 1,500.
The Translator has subscribed to Professional Liability insurance with Beazley Solutions Ltd.
19. GOVERNING LAW
This Agreement shall be governed, construed, and enforced in accordance with the laws of France. The parties submit to the exclusive jurisdiction of the French court to resolve any contractual dispute.