These terms and conditions for the provision of services set out the rights and obligations of Caroline VILLE (Lem’Olistic, or Caroline VILLE EI, self-employed individual registered under SIREN number797442449) (the “Service Provider”),
on the one hand,
and any natural or legal person wishing to benefit from its services (the “Client”),
on the other hand.
Any order placed implies the Client’s full and unreserved acceptance of these general terms and conditions of service to the exclusion of any other document.
No special conditions may, except in the case of a formal written exception appearing on the purchase order that has become firm and final, take precedence over these general terms and conditions of service.
The performance of any service by the Service Provider implies the Customer’s acceptance of these general terms and conditions and waiver of its own general terms and conditions of purchase. Any contrary condition shall therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to their attention.
The fact that the Service Provider does not invoke any of these general terms and conditions of service at any given time shall not be interpreted as a waiver of the right to invoke any of said terms and conditions at a later date.
Each order from the Client is generally preceded by a free quote, prepared by the Service Provider, based on the documents to be translated provided or the information communicated by the Client.
The quote sent by the Service Provider to the Client by email, specifies in particular:
To confirm their order definitively, the Client must return the quote to the Service Provider without any modifications, by email with an expression of their consent.
If the acceptance of the quote is not received, the Service Provider reserves the right not to commence its service.
If the order is not confirmed in accordance with the terms and conditions set out above within the time limit indicated on the quote or, failing that, within a period of 3 (three) months from the date the quote was sent, the quote shall be deemed null and void.
The Service Provider reserves the right, after informing the Customer, to increase the rates for the services and/or not to comply with the delivery date indicated on the Customer’s initial order confirmation, particularly in the following cases:
À défaut d’accord exprès du Client sur ces nouvelles conditions de livraison et/ou de facturation, le Prestataire se réserve le droit de ne pas débuter sa prestation.
Unless otherwise specified in the quote, the costs incurred in providing the service (travel, express mail, etc.) shall be borne by the Client.
Any decision to grant discounts, reductions, or apply sliding-scale rates, whether based on a percentage or a flat rate (per page, per line, or per hour), remains at the sole discretion of the Service Provider, and only for the service to which it applies. Any discounts or rebates granted to the Client shall in no way give rise to an acquired right for subsequent services.
In the event that no prior quote has been sent to the Client by the Service Provider, orders are placed by simple exchange of emails and translation services are invoiced in accordance with the basic rate usually applied by the Service Provider or any other rate agreed between the latter and the Client in the exchange of emails. Any confirmation by the Client of the deadline communicated by the Service Provider constitutes an order.
For the purposes of proving the existence of this acceptance of the quote, the Client agrees to consider the email, copy, and electronic media as equivalent to the original and as perfect proof.
Any first order and/or any order whose amount excluding tax exceeds 1,000 (one thousand) euros may be subject to a deposit request, the percentage of which is specified on the quote.
In this case, the services will only begin once the deposit has been received.
Subject to receipt by the Service Provider of all the documents to be translated, the delivery time, given as an indication and mentioned on the quote, is only applicable if the Client confirms their order in accordance with the terms defined in Article 2 above within three (3) working days of receiving the quote. After this period, the delivery date may be revised depending on the Service Provider's workload.
The Service Provider shall endeavour to produce a translation that is as faithful as possible to the original and in accordance with professional standards. The Service Provider shall make 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 shall not be held liable for any inconsistencies or ambiguities in the original text, as the Client is solely responsible for verifying the technical consistency of the final text.
The Client undertakes to provide the Service Provider with all the texts to be translated and any technical information necessary for their understanding and, where applicable, the specific terminology required. 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 failure to meet deadlines.
The Client has a period of 10 (ten) working days from receipt of the translated or proofread documents to express in writing any disagreement regarding the quality of the service. After this period, the service is considered to have been duly performed and no dispute may be accepted. To this end, the Client agrees to consider any acknowledgment of receipt by email as proof of delivery.
The Service Provider undertakes to respect the confidentiality of any information brought to its attention before, during, or after the performance of its service.
The Service Provider cannot be held liable for any interception or misappropriation of information during the transfer of data, particularly via the Internet. Consequently, it is the Client’s responsibility to inform the Service Provider, either in advance or at the time of ordering, of the means of transfer it wishes to use in order to guarantee the confidentiality of any sensitive information.
The translation is delivered by email in Word, PPT, or Excel format. Any other means of transfer or format must be expressly agreed upon by the parties and may be subject to additional charges.
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 complaints based on stylistic nuances.
It is specified that delivery times are given for information purposes only and that failure to meet them shall not, in principle, give rise to penalties for delay.
In any event, the Service Provider shall not be held liable for any direct or indirect damage caused to the Client or to third parties as a result of a delay in delivery due, in particular, to a case of force majeure or a possible delivery problem.
In the event of disagreement on certain aspects of the service, the Service Provider reserves the right to correct it in cooperation with the Client.
When the translation is to be edited, the Service Provider must receive the proof for proofreading.
Unless otherwise specified in writing, any corrections or proofreading will be invoiced separately at the current hourly rate.
Unless otherwise specified in the quote, invoices are net, without discount, and payable within 30 (thirty) days of the invoice date.
In the event of payment by check or bank transfer from abroad, all exchange and bank charges will either be subject to a flat-rate surcharge specified on the quote or will be re-invoiced in full to the Client.
The translation remains the property of the translator until full payment has been received.
It should be noted that, for business customers only, in the event of late payment, orders in progress will be automatically suspended until full payment has been received and the Customer will be liable, without prior formal notice being required, 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 percentage points, applied to the amount of the invoice in question, as well as a flat-rate compensation fee of €40 for recovery costs.
Before submitting a document for translation to the Service Provider, the Client must ensure that they have the right to do so. They must therefore be the author of the original document or have obtained prior written authorization for translation from the copyright holder of the document.
Failing this, the Service Provider cannot be held liable in any way if all or part of the documents entrusted by the Client infringe the intellectual property rights or any other rights of a third party or any applicable regulations. In this case, the Client shall be solely liable for any damages and financial consequences resulting from its 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. Consequently, in the case of literary or artistic services, and without prejudice to its economic rights over its work, the Service Provider reserves the right to require that its name be mentioned on any copy or publication of its service, in accordance with Article L.132-11 of the French Intellectual Property Code.
In the event of cancellation of an order in progress, for whatever reason, notified in writing to the Service Provider, the work already carried out shall be invoiced to the Client at 100% (one hundred percent) and the work remaining to be carried out at 50% (fifty percent).
The parties undertake, in the event of a dispute of any kind and before any legal action, to submit to an attempt at conciliation.
To this end, as soon as the dispute arises, the parties undertake to jointly refer the matter to the SFT Arbitration Committee by registered letter with acknowledgment of receipt, with a copy by registered letter with acknowledgment of receipt to the other party.
The parties undertake to do their utmost to ensure that this conciliation has every chance of success. They undertake to act in good faith. They also undertake not to refer the matter to a judge during the four (4) months following referral to the Committee and acknowledge that any referral made in breach of this obligation may be considered inadmissible or, failing that, an obstacle to any amicable settlement of the dispute and shall justify the payment to the other party of compensation of €1,500 (one thousand five hundred) euros to the other party.
These general terms and 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 15 above, the parties confer exclusive jurisdiction on the French courts to settle any dispute relating to the provision of services and these general terms and conditions.
These terms and conditions for the provision of services set out the rights and obligations of Caroline VILLE (Lem’Olistic, or Caroline VILLE EI, self-employed individual registered under SIREN number797442449) (the “Service Provider”),
on the one hand,
and any natural or legal person wishing to benefit from its services (the “Client”),
on the other hand.
Any order placed implies the Client’s full and unreserved acceptance of these general terms and conditions of service to the exclusion of any other document. No special conditions may, except in the case of a formal written exception appearing on the purchase order that has become firm and final, take precedence over these general terms and conditions of service.
The performance of any service by the Service Provider implies the Customer’s acceptance of these general terms and conditions and waiver of its own general terms and conditions of purchase. Any contrary condition shall therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to their attention.
The fact that the Service Provider does not invoke any of these general terms and conditions of service at any given time shall not be interpreted as a waiver of the right to invoke any of said terms and conditions at a later date.
2. Placing of orders and quotes
Each order from the Client is generally preceded by a free quote, prepared by the Service Provider, based on the documents to be translated provided or the information communicated by the Client.
The quote sent by the Service Provider to the Client by email, specifies in particular:
The number of pages or words to be translated;
The target language;
The method used to determine the price of the translation service. The latter is invoiced either at a flat rate, on a time-spent basis, or on the basis of the service provider’s rate in force on the date the quote is prepared, in particular per source word (i.e. per word in the text to be translated) or per target word (i.e. per words in the translated text) according to the count provided by Microsoft Word or RWS Trados (or any other tool agreed upon), per line or per page;
The delivery time for the translation service;
The format of the documents to be translated in the event of a request for specific layout of the delivered document;
Any price increases applied, in particular due to urgency, specific terminology research, or any other request outside the usual services provided by the Service Provider.
To confirm their order definitively, the Client must return the quote to the Service Provider without any modifications, by email with an expression of their consent. If the acceptance of the quote is not received, the Service Provider reserves the right not to commence its service.
If the order is not confirmed in accordance with the terms and conditions set out above within the time limit indicated on the quote or, failing that, within a period of 3 (three) months from the date the quote was sent, the quote shall be deemed null and void.
The Service Provider reserves the right, after informing the Customer, to increase the rates for the services and/or not to comply with the delivery date indicated on the Customer’s initial order confirmation, particularly in the following cases:
The modification or addition of additional documents by the Customer after the Service Provider has prepared the quote. In this case, the Service Provider reserves the right to adjust the rate according to the volume of additional text to be processed, as observed or requested;
The absence of documents when the quote was prepared (if the quote had to be based solely on the approximate number of words and an extract of the content to be processed).
In the absence of the Client’s express agreement to these new delivery and/or invoicing conditions, the Service Provider reserves the right not to commence its service. Unless otherwise specified in the quote, the costs incurred in providing the service (travel, express mail, etc.) shall be borne by the Client.
Any decision to grant discounts, reductions, or apply sliding-scale rates, whether based on a percentage or a flat rate (per page, per line, or per hour), remains at the sole discretion of the Service Provider, and only for the service to which it applies. Any discounts or rebates granted to the Client shall in no way give rise to an acquired right for subsequent services. In the event that no prior quote has been sent to the Client by the Service Provider, orders are placed by simple exchange of emails and translation services are invoiced in accordance with the basic rate usually applied by the Service Provider or any other rate agreed between the latter and the Client in the exchange of emails.
Any confirmation by the Client of the deadline communicated by the Service Provider constitutes an order.
3. Proof
For the purposes of proving the existence of this acceptance of the quote, the Client agrees to consider the email, copy, and electronic media as equivalent to the original and as perfect proof.
4. Deposit
Any first order and/or any order whose amount excluding tax exceeds 1,000 (one thousand) euros may be subject to a deposit request, the percentage of which is specified on the quote. In this case, the services will only begin once the deposit has been received.
5. Délai de livraison
Subject to receipt by the Service Provider of all the documents to be translated, the delivery time, given as an indication and mentioned on the quote, is only applicable if the Client confirms their order in accordance with the terms defined in Article 2 above within three (3) working days of receiving the quote. After this period, the delivery date may be revised depending on the Service Provider's workload.
6. Obligations of the Service Provider
The Service Provider shall endeavour to produce a translation that is as faithful as possible to the original and in accordance with professional standards.
The Service Provider shall make 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 shall not be held liable for any inconsistencies or ambiguities in the original text, as the Client is solely responsible for verifying the technical consistency of the final text.
7. Obligations of the Client
The Client undertakes to provide the Service Provider with all the texts to be translated and any technical information necessary for their understanding and, where applicable, the specific terminology required.
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 failure to meet deadlines.
The Client has a period of 10 (ten) working days from receipt of the translated or proofread documents to express in writing any disagreement regarding the quality of the service.
After this period, the service is considered to have been duly performed and no dispute may be accepted. To this end, the Client agrees to consider any acknowledgment of receipt by email as proof of delivery.
8. Confidentiality
The Service Provider undertakes to respect the confidentiality of any information brought to its attention before, during, or after the performance of its service.
The Service Provider cannot be held liable for any interception or misappropriation of information during the transfer of data, particularly via the Internet.
Consequently, it is the Client’s responsibility to inform the Service Provider, either in advance or at the time of ordering, of the means of transfer it wishes to use in order to guarantee the confidentiality of any sensitive information.
9. Format
The translation is delivered by email in Word, PPT, or Excel format, depending on the source document. Any other means of transfer or format must be expressly agreed upon by the parties and may be subject to additional charges.
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 complaints based on stylistic nuances.
It is specified that delivery times are given for information purposes only and that failure to meet them shall not, in principle, give rise to penalties for delay.
In any event, the Service Provider shall not be held liable for any direct or indirect damage caused to the Client or to third parties as a result of a delay in delivery due, in particular, to a case of force majeure or a possible delivery problem.
11. Corrections and proofreading
In the event of disagreement on certain aspects of the service, the Service Provider reserves the right to correct it in cooperation with the Client.
When the translation is to be edited, the Service Provider must receive the proof for proofreading.
Unless otherwise specified in writing, any corrections or proofreading will be invoiced separately at the current hourly rate.
12. Terms of payment
Unless otherwise specified in the quote, invoices are net, without discount, and payable within 30 (thirty) days of the invoice date.
In the event of payment by check or bank transfer from abroad, all exchange and bank charges will either be subject to a flat-rate surcharge specified on the quote or will be re-invoiced in full to the Client.
The translation remains the property of the translator until full payment has been received.
It should be noted that, for business customers only, in the event of late payment, orders in progress will be automatically suspended until full payment has been received and the Customer will be liable, without prior formal notice being required, 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 percentage points, applied to the amount of the invoice in question, as well as a flat-rate compensation fee of €40 for recovery costs.
13. Intellectual Property
Before submitting a document for translation to the Service Provider, the Client must ensure that they have the right to do so.
They must therefore be the author of the original document or have obtained prior written authorization for translation from the copyright holder of the document.
Failing this, the Service Provider cannot be held liable in any way if all or part of the documents entrusted by the Client infringe the intellectual property rights or any other rights of a third party or any applicable regulations.
In this case, the Client shall be solely liable for any damages and financial consequences resulting from its 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.
Consequently, in the case of literary or artistic services, and without prejudice to its economic rights over its work, the Service Provider reserves the right to require that its name be mentioned on any copy or publication of its service, in accordance with Article L.132-11 of the French Intellectual Property Code.
14. Cancellation
In the event of cancellation of an order in progress, for whatever reason, notified in writing to the Service Provider, the work already carried out shall be invoiced to the Client at 100% (one hundred percent) and the work remaining to be carried out at 50% (fifty percent).
15. Disputes – Consumer Mediation
In the event of a dispute between the Customer and the company, both parties shall endeavour to resolve it amicably (the Customer shall submit a written complaint to the professional).
In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the Customer, as a consumer within the meaning of Article L.133-4 of the French Consumer Code, may, if a disagreement persists, refer the matter free of charge to the competent mediator listed on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation pursuant to Article L.615-1 of the French Consumer Code, namely:
Pleaseonsult the company Caroline VILLE EI.
16. Applicable law – Competent jurisdiction
These general terms and 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 15 above, the parties confer exclusive jurisdiction on the French courts to settle any dispute relating to the provision of services and these general terms and conditions.
