Déborah Quesnot E.I.

English → French

Terms of Service

Translation work These general terms of service are intended to govern the contractual relationship between:

Déborah QUESNOT, independent English-French translator, SIRET 78893181400073 (the "Service Provider" or "Translator"),

on the one hand,

and any individual or legal entity wishing to benefit from her services (the "Client"),

on the other hand.

Article 1. Application of the general terms - Enforceability

Any order placed implies the Client's full and unreserved acceptance of these general terms of service, to the exclusion of any other document.

No special condition may, except by formal written exception on a firm and final purchase order, take precedence over these general terms of service.

The performance of any service by the Service Provider implies the Client's acceptance of these general terms, and their waiver of their own general purchasing conditions. Any contrary condition will therefore, absent express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to her attention.

The fact that the Service Provider does not, at any given time, invoke any of these general terms of service cannot be interpreted as a waiver of the right to invoke any of those terms at a later date.

Article 2. Placing orders/quotes

Each Client order is generally preceded by a free quote, prepared by the Service Provider, based on the documents to be translated or the information provided by the Client.

No quote will be prepared by the Service Provider before she has received clear and complete instructions from the Client regarding their needs. The Client is responsible for the information provided to the Service Provider.

Instructions given by the Client will be set out in writing in the quote sent by the Service Provider to the Client, by email or post.

This quote specifies in particular:

The subject and characteristics of the Service; The number of pages or words to be translated; The language of the document to be translated (source language) and the language of translation (target language); The method for determining the price of the translation service. This is invoiced either as a flat fee, on a time-spent basis, or on the basis of the Service Provider's rate in effect on the day the quote is prepared, notably per source word (i.e. words contained in the text to be translated) or per target word (i.e. words contained in the translated text) as counted by Microsoft Word (Tools > Word Count) or a computer-assisted translation (CAT) tool, or any other tool agreed by mutual consent, or else per line, per page, or per hour; The delivery time for the translation service; The format of the documents to be translated in the event of a request for specific formatting of the delivered document; Any price increases applied notably due to urgency, specific terminology research, or any other request beyond the services usually provided by the Service Provider. To confirm their order firmly and finally, the Client must return the quote to the Service Provider without any modification, either by signed post with the words "approved" when the quote was sent by post, or by email with an expression of consent when the quote was sent by email. Absent receipt of acceptance of the quote, the Service Provider reserves the right not to begin the service.

Absent confirmation of the order under the terms defined above within the period stated on the quote, or absent such a period, within 1 (one) month of the date the quote was sent, the quote is deemed void.

The Service Provider reserves the right, after informing the Client, to increase service rates and/or not to meet the delivery date stated on the Client's initial order confirmation, notably in the following cases:

The modification or addition of further documents by the Client after the quote has been prepared by the Service Provider. In this case, the Service Provider reserves the right to adjust the rate according to the volume of additional text observed or requested; The absence of documents when the quote was prepared, if the quote had to be prepared based on a simple estimate of word count and an excerpt of the content to be processed. The absence of clear instructions from the Client specifying the scope of the revision project and its objectives for the preparation of the quote. In such cases, a supplementary quote or a revised quote (which will cancel and replace the original quote) will be sent to the Client.

Absent the Client's express agreement to these new delivery and/or invoicing conditions, the Service Provider reserves the right not to begin or to interrupt the service.

Unless otherwise agreed on the quote, expenses incurred in performing the service (travel, express mail, etc.) are the Client's responsibility.

Any decision to grant a discount, reduction or degressive rate, whether as a percentage or a flat fee (per page, per line or per hour), remains at the Service Provider's sole discretion, and applies solely to the service in question. Any discounts or rebates granted to the Client shall in no way create an acquired right for future services.

Where no prior quote has been sent to the Client by the Service Provider, orders are placed by simple email exchange and translation services are invoiced in accordance with the Service Provider's usual base rate or any other rate agreed between the parties in that email exchange.

Any confirmation by the Client of the timeframe communicated by the Service Provider constitutes an order.

Article 3. Proof

For the purposes of proving the existence of this quote acceptance, the Client agrees to regard email, copies and electronic media as equivalent to the original and as conclusive proof.

Article 4. Deposit

Any order whose amount before tax exceeds 700 (seven hundred) euros may be subject to a deposit request, the percentage of which is stated on the quote. In such cases, performance of the services will not begin until the deposit has been received.

Article 5. Delivery time

Subject to the Service Provider's receipt of all documents subject to the translation service, the delivery time, given for information purposes and stated on the quote, applies only if the Client confirms their order under the terms defined in Article 2 above within 3 (three) working days of receiving the quote. After this period, the delivery date may be revised depending on the Service Provider's workload.

Article 6. Obligations of the Service Provider

The Service Provider strives to produce the translation with the greatest fidelity to the original and in accordance with professional practice. She makes every effort to take into account and incorporate into the translation any information provided by the Client (glossaries, plans, drawings, 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 Client's sole responsibility.

Article 7. Obligations of the Client

The Client undertakes to provide the Service Provider with all texts to be translated and any technical information necessary to understand them and, where applicable, any specific terminology required. In the event the Client fails to inform the Service Provider, the Service Provider cannot be held liable for any resulting non-conformities or delays.

The Client acknowledges that the translation service may result in varied wording choices. These cannot constitute a non-conformity of the Services.

The Client has 10 (ten) working days from receipt of their translated or proofread documents to raise, in writing, any disagreement regarding the quality of the service. After this period, the service is deemed to have been duly performed and no dispute may be admitted. To this end, the Client agrees to regard any acknowledgment of receipt by post or email as proof of delivery.

Article 8. Confidentiality

The Service Provider undertakes to respect the confidentiality of information brought to her attention before, during or after performance of her service. Originals are returned to the Client upon simple written request.

The Service Provider's liability cannot be engaged due to interception or misappropriation of information during data transfer, notably via the internet. It is therefore the Client's responsibility to inform the Service Provider, prior to or when placing the order, of the transfer methods they wish to see used in order to guarantee the confidentiality of any sensitive information.

Article 9. Format

The translation is delivered electronically in the format of the source text as specified on the quote. Upon request, it may be delivered in printed form sent by post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.

Article 10. Liability

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 based on stylistic nuances or modifications made to the Service's deliverables without her written authorization.

It is specified that delivery times are given for information purposes only, and failure to meet them cannot, in principle, result in penalties for delay. In any event, the Service Provider's liability cannot be engaged for direct or indirect damages caused to the Client or to third parties due to a delivery delay, notably due to a case of force majeure or a possible shipping issue.

Article 11. 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.

Where the Service's deliverables are to be published, the Service Provider will receive the printer's proof for proofreading.

Unless otherwise agreed in writing, any correction or proofreading is subject to additional invoicing based on the hourly rate in effect.

Article 12. Payment terms

Any service will be the subject of an invoice issued and sent electronically in PDF format. The Client accepts the electronic invoice as standing in for the original invoice. Unless otherwise specified on the quote, invoices are understood to be net, without discount, and payable within 30 (thirty) days of the invoice date.

Payment by cheque is not accepted.

In the event of payment by bank transfer from abroad, all exchange and banking fees will either be subject to a flat-rate surcharge specified on the quote, or be re-invoiced in full to the Client.

The translation remains the property of the Service Provider until full payment of the sums due has been received.

With respect to a professional client, it is specified that in the event of late payment, orders in progress are automatically suspended until payment is made in full, and the Client is liable, without prior formal notice being necessary, 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 (ten) percentage points, applied to the amount of the invoice concerned, as well as a flat-rate compensation for collection costs of 40 (forty) euros.

Under no circumstances may payments be suspended or offset in any way without the Service Provider's prior written consent.

Article 13. Intellectual property

Before submitting a document for translation to the Service Provider, the Client must ensure they have the right to do so. They must therefore be the author of the original document or have obtained the prior written authorization to translate it from the holder of the document's copyright.

Failing this, the Service Provider cannot in any way be held liable if all or part of the documents entrusted by the Client should infringe the intellectual property rights or any other right of a third party, or any applicable regulation. In such a case, the Client alone would bear any resulting damages and financial consequences arising from their own negligence.

Furthermore, the Client acknowledges that the translation produced by the Service Provider constitutes a new document whose copyright is jointly held by the author of the original document and the Service Provider. Accordingly, in the case of services of a literary or artistic nature, and without prejudice to her economic rights over her work, the Service Provider reserves the right to require that her name be mentioned on any copy or publication of her service, in accordance with Article L.132-11 of the French Intellectual Property Code.

The Client shall refrain from any use outside the conditions set and authorized by the Service Provider.

In all cases, the Client shall refrain from any use of the translation produced by the Service Provider or of any element belonging to the Service Provider, such as the Service Provider's translation memory, as part of a translation software or a solution based on artificial intelligence technology, notably in order to supplement the data on which it operates.

Any violation of the Service Provider's intellectual property rights or, more broadly, of the provisions of this article, constitutes infringement, punishable both civilly and criminally, and/or a breach of contract that may engage the Client's liability.

Furthermore, the Client undertakes not to use the translation obtained from the Service Provider to train or teach any machine translation engine or any other generative artificial intelligence technology or other similar system, technology or process.

Article 14. Cancellation

In the event of cancellation of an order in progress, whatever the cause, notified in writing to the Service Provider, the work already completed is invoiced to the Client at 100% (one hundred percent) and the remaining work to be completed at 50% (fifty percent).

For Services invoiced by the hour, any hour begun must be paid in full in the event of order cancellation.

Article 15. Amicable settlement

The parties undertake, in the event of any dispute whatsoever and before any legal action, to attempt conciliation.

The parties undertake to do their utmost to give this conciliation every chance of succeeding. They undertake to act in good faith throughout.

Article 16. Governing law - Competent jurisdiction

These general terms are governed by French law and must be interpreted in accordance with it, to the exclusion of all other law.

Absent 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 service and these general terms.

In the event of translation, only the French version of the C.G.P.S. shall be authoritative.