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General Terms and Conditions of services

Conditions of use – Responsibility

These conditions apply to all projects completed and delivered by Tradair to all its customers. Any order implies that the customer unreservedly and completely adheres to the present general conditions to the exclusion of any other document.

No particular condition can, except formal and written exception listed on the firm order form, prevail against the present general conditions.

The provision of any service by Tradair implies that the customer accepts these general terms and conditions, and relinquishes his own general terms and conditions of purchase. In the absence of express acceptance, no contrary condition may therefore be invoked against Tradair, regardless of the time when it could have been brought to its knowledge. The fact that Tradair does not prevail at a time of any of the present general conditions, cannot be interpreted as a renunciation to take a later advantage of any of the said conditions.

Quotes – Orders

All translation requests must be submitted with a written acceptance by the customer of the services offer provided by Tradair, or a written order of services which comprises the price agreed by the two parties.  

Each order of the client is preceded by a free quote, prepared by Tradair, on the basis of the documents to be translated or any information provided by the client.

The quote sent by Tradair to the customer, by electronic mail or by regular post, shall include:

The number of pages or words submitted to translation;

The source and target language;

The procedures for determining the price of the translation service.

The latter is either charged on a flat-rate basis, or based on the service provider’s (Tradair) fare in force on the day of the execution of the contract, including per source word (i.e., by number of words contained in the text to be translated) or per target word (i.e., by number of words contained in the translated text) according to the word count proposed by the Microsoft software Word (tools, statistics) or by the SDL Trados software;

The time of delivery of the translation service

The format of the document(s) to translate as well as the format of the target document(s);

The possible price increases applied in particular because of an emergency, specific terminological research, or any other request outside of the usual services supplied by the service provider.

To confirm an order, the customer must return the quote to Tradair without any changes made to this one, whether it be by email with the written expression of its consent when the quote was sent to him, or with the mention  « agreed and signed » when the quote was sent to him by regular post. In the absence of receipt of the acceptance of the quotation, Tradair reserves the right not to begin its service.

In the absence of confirmation of its order according to the modalities defined above within a period of one month from the date of sending of the quote, the latter will be deemed null and void.

Tradair reserves the possibility, after having informed the client, to increase the rates of services and/or not to respect the delivery date on the initial order confirmation of the client and this, in particular in the following cases:

The addition or modification of additional documents by the customer after the establishment of the quotation by Tradair, in which case Tradair reserves the right to adjust the tariff and/or the delivery time in function of the volume of additional text found or requested;

The absence of documents during the establishment of the quotation.

If the quote has had to be issued on simple communication of the approximate number of words and an extract from the content.

In the absence of express agreement of the Client of these new terms and conditions of delivery and/or billing, Tradair reserves the right not to begin its service.

Unless otherwise agreed indicated on the quotation, the costs incurred for the delivery of the service (travel, sending express mail, etc.) are the responsibility of the customer.

Any decision relating to discounts or the application of a sliding scale charge structure, according to a percentage or a package (to the page, to the line or to the hour), remains at the sole discretion of Tradair and this, only for the service which is the object. No discounts or rebates granted to the customer may under no circumstances give rise to any right that the client might assert in respect of any future services.

In situations where no prior estimate would have been sent to the customer by Tradair,  translation services will be invoiced in accordance with the base rate usually applied by Tradair.

Format

The translation is delivered by e-mail in Word format. On request and at the expense of the customer, it can be delivered by regular post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to an additional billing.

Obligations of the service provider (Tradair)

Tradair does its best to translate the documents the most faithfully regarding to the original, and in conformity with the custom of the profession.

It makes every effort to take into account and include in the translation the items of information provided by the Client (glossaries, plans, drawings, abbreviations). Tradair accepts no responsibility with regard to any inconsistency or ambiguity in the original text, the verification of the technical consistency of the final text remaining under the sole responsibility of the customer.

Obligations of the client

The Customer must undertake to make available to Tradair, the entirety of the texts to be translated and any technical information necessary to proper understanding of the text and, if applicable, the specific terminology required. In the event of failure of the customer to fulfill his obligation to inform the service provider (Tradair), the latter cannot be held responsible for any non-conformities or for exceeding the delivery time.

The customer has a period of seven (7) business days from the date of receipt of its translated or proofread documents to demonstrate by writing a potential disagreement regarding the quality of the service. After this deadline, the delivery will be considered as having been duly executed and no dispute shall be allowed. On that point, the customer agrees to consider as a proof of the delivery any acknowledgment of receipt by email or by regular post.

Delivery Times

Tradair guarantees the quality as well as a timely delivery. Subject to the receipt by Tradair of the entirety of the documents being the object of the translation service, the delivery time mentioned on the quote is applicable only to the condition that the Customer confirms his order within a period of three (3) business days from receipt of the quotation. Once past this time the delivery date can be subject to a revision on the basis of the workload of Tradair.

The requirements relating to time limits will be respected. In the event of a delay caused by Tradair, the customer will be informed without any delay. In the event of a delay being more than 2/3 of the total duration of the project in working days, and if Tradair is directly or exclusively responsible for this delay, the client may request a partial or full refund. Tradair will not be responsible, however, for delays caused by devices, servers, or media which are not directly controlled by Tradair.

Terms of payment

Except where other special conditions apply and are specified on the quotation, invoices are understood to be net, without any discount, and payable 30 days from their date of issue.

In case of delay or default of payment, the entirety of the debt can be collected immediately and strictly without notice or other formalities. Tradair reserves the right to ask for interests calculated according to the official rate of the Banque de France in force on the effective date when these delays in payment occur. Tradair reserves in particular the right to apply a rate of interest in the event of delay of payment which is equivalent to three times the minimum of the amount of the legal interest rate, plus a lump sum allowance of EUR 40 (invoices addressed to professionals).

The expenses incurred for the settlement of disputes in respect of payment must be reimbursed by the client.

In the case of payment by check or bank transfer from abroad, the entirety of the costs of foreign exchange or banking will give rise either to a lump sum increase specified on the quotation, or to a full chargeback to the Customer.

In the event of delay of payment, the current orders may be interrupted in full right until the complete payment and the customer will be liable, without a prior notice to be necessary, interests of delay calculated at the rate of three times the legal rate of interest in effect applied to the amount of the invoice considered.

The translation remains the property of the translator until the complete payment.

Any order which amount excluding tax exceeds 800 (eight cents) euros may be subject to a deposit request which percentage will be indicated on the quotation. In this case, the execution of the services will only begin after reception of the deposit.

Cancellation

In the event of the cancellation of an order underway, whatever the cause, given in writing to Tradair, the work that has already been done will be billed to the customer at 100% (one hundred percent) and the work still to be completed at 50% (fifty per cent).

Quality

The customer may inform Tradair of a specific intended use for the translations. For technical texts, reference documents such as schematics, diagrams, and/or a glossary will be provided by the customer for a better understanding of the documents.

In situations where the subject of the translation is not explicitly stated, Tradair will carry out  the translation for information and understanding purposes according to classic standards of quality within the norm for the industry. Tradair will endeavor to deliver a faithful and idiomatic translation of the original texts, however, Tradair accepts no responsibility for any reason whatsoever for translations which are not satisfactory from a stylistic point of view, especially for advertising and promotional material. In case of dissatisfaction, claims will only be taken into consideration within seven days from the delivery, sent with the original documents, documents which are the object of the dispute and a letter of explanation. Beyond seven days, all work will be considered as accepted.

In the event of disagreement on certain points of the service, Tradair reserves the right to correct it in cooperation with the Customer. When the translation must be subject to an edition, Tradair will receive the pages for proofreading. If there are no contrary written clauses, any review or proofreading is subject to additional billing on the basis of the hourly rate charged.

Intellectual Property 

Before submitting a document for translation to Tradair, 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 prior written permission for translation from the document copyright holder.

In default thereof, Tradair will in no way be held responsible 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 regulations. If applicable, the Customer would assume the responsibility for possible damages and financial consequences which would arise from his own negligence.

Furthermore, the Client acknowledges that the translation obtained by Tradair constitutes a new document which copyright is held both by the author of the original document and Tradair. Therefore, where a translation is of a literary or artistic nature, the service provider (Tradair) has the right to require, as provided under France’s Intellectual Property Code (paragraph L.132-11), that her name be shown on any copies or publications of the translation, this being without prejudice to the service provider’s economic rights.

Responsibility

The responsibility of Tradair is limited only to the amount of the invoice concerned, in particular in the case of error making the document unusable. In no way can Tradair be held responsible for claims motivated by shades of style.

It is specified that the given delivery times are indicative only, their non-observance may not be a cause of penalties for delay. In every instance, the responsibility of the service provider (Tradair) would not be committed because of direct or indirect damages caused to the client or to third parties as a result of a delay in delivery due in particular to the cases of force majeure, nor to any delays in delivery due to modem, electronic mail and other postal means which are not directly controlled by Tradair. Tradair cannot be held responsible for damages caused by viruses. Tradair ensures the safety of its files by the use of an antivirus, regularly updated. The customer is, for his part, required to perform a final review of the transferred files. In the event of failure to apply this control by the client, Tradair declines any claim for damages.

Disputes – Conciliation Procedure

The Parties undertake, in the case of a dispute of any nature whatsoever, to attempt a friendly settlement of this dispute in the following manner. From the date of the occurrence of the dispute, the most diligent party will seize the Arbitration Commission of the SFT by registered letter with an acknowledgment of receipt with a copy by registered letter with an acknowledgment of receipt to the other party. The parties entrust the said Commission for attempting a  mediation according to the modalities decided by it, leading to a transaction. The Parties undertake to do their utmost to ensure that this conciliation has all the chances to succeed. They undertake to demonstrate all necessary good faith. They also undertake not to refer to a judge during the four months following the referral to the Commission and admit that any referral made in contradiction with this obligation will result in the rejection of the case, or in the incapacity to resolve the matter amicably and shall justify the payment to the other party of a penalty amounting to EUR 1 500.

Applicable Law – Competent jurisdiction

The present general terms and conditions are subject to French law and must be interpreted in accordance with the latter. If no amicable agreement is reached in accordance with the article above, the parties attribute exclusive jurisdiction to the French courts to solve any dispute relating to the service and to the present general conditions.