General conditions of provision of services
The present General Conditions of Provision of Services govern all present or future contractual relationships of any kind between TRANS4EUROPE (Trade and Companies Register [RCS]: LILLE METROPOLE 491424743) and its Clients.
1. GENERAL PROVISIONS
TRANS4EUROPE supplies language services to its clients, including in particular translation, interpreting, web site creation and localization services in various language pairs.
Regardless of the service being considered, order placement by the Client implies the full and unconditional acceptance of the Client to the present General Conditions and the waiver of any contrary stipulations to said Conditions which may feature in the Client's own Conditions of Purchase or in any other document.
Any contrary stipulation put forward by the client will thus be, failing express agreement, unenforceable, regardless of when it was brought to the attention of TRANS4EUROPE. Any failure by TRANS4EUROPE to invoke any of the present conditions at a given moment cannot be interpreted as constituting a waiver of the right to invoke said condition at a later date.
2. QUOTES - PRICE QUOTATIONS – CONTRACT FORMATION
The quote, in particular the price and lead times information that it contains, is valid for one month from the date shown on said quote.
Prices are expressed in euros and, unless otherwise agreed, are exclusive of taxes, and do not include ancillary costs such as potential travel expenses or postage costs incurred by sending the completed work via postal mail.
Acceptance of the quote by the Client shall constitute an order and must be completed by means of returning the quote dated, stamped with the Client's business seal and signed by the Client, with the handwritten mention "AGREED AND SIGNED". Acceptance of the quote by the Client shall constitute express acceptance to the present Conditions of Sale, to the exclusion of any other contrary conditions.
3. SUBSEQUENT AMENDMENTS
TRANS4EUROPE issues its quotes based on the information brought to its attention by the Client (for example: number of words to translate).
Any subsequent amendment of the services listed in the quote or any request not expressly stipulated in the quote, if it can be considered, shall result in a quote addendum for regularization and is subject to acceptance by TRANS4EUROPE. Any request to amend the quote may result in lengthening the initially planned lead time and may incur additional invoicing costs.
The cancellation of any order in process of being fulfilled is subject to the agreement of TRANS4EUROPE, which reserves the right, in the event that the cancellation is accepted, to invoice the work already carried out.
4. PROVISION OF THE AGREED SERVICE
TRANS4EUROPE pledges to provide the agreed service with the care and skill that can reasonably be expected of it and this in accordance with the limits of the instructions received from the Client and the content of the elements that were provided to TRANS4EUROPE.
Where necessary, depending of the specifications of the missions, TRANS4EUROPE may delegate the completion, in full or in part, of the agreed services to a specialized external partner and, within those circumstances, the Client authorizes TRANS4EUROPE to disclose all the information necessary for said delegation.
TRANS4EUROPE guarantees to its Clients a total confidentiality for all information and all documents that it will have access to within the framework of the fulfillment of the agreed services. TRANS4EUROPE pledges to ensure that its external partners respect the same obligation of confidentiality.
5. CLIENT OBLIGATIONS
The client shall be obliged to, in particular:
- Provide to TRANS4EUROPE all access necessary and required to the documents, folders, information systems so that TRANS4EUROPE may fulfill the agreed services;
- Ensure that the information, instructions and documents are provided in due time, so as to enable the fulfillment of the agreed services.
6. END OF MISSION – DELIVERY LEAD TIMES
Delivery lead times are given for general guidance only unless otherwise expressly specified by the Client and agreed to by TRANS4EUROPE. Any delay in the delivery shall not entitle the Client to cancel the sale or to demand any monetary compensation of any kind whatsoever.
TRANS4EUROPE shall deliver the completed work to the Client via the means chosen by said Client: email, registered mail with recorded delivery, fax, or any other means preferred by the Client, it being recalled that any transportation costs incurred shall be invoiced in addition to the price stipulated in the quote. It is the responsibility of the Client to indicate the desired means of delivery, failing which TRANS4EUROPE will deliver via the means of its choice.
Any contestation concerning the service provided by TRANS4EUROPE must be notified to it within 8 days following the delivery of the ordered services. Subject to applicable mandatory laws, no claim may be placed after this deadline
TRANS4EUROPE shall not be held liable if the non-fulfillment or delay in the fulfillment of one of the obligations arises from a case of force majeure (any unforeseeable, irresistible external event within the meaning of Article 1148 of the French Civil code) or from an act attributable, even partially, to the client.
TRANS4EUROPE cannot be held responsible for the use made by the Client of the services provided and as a consequence cannot be held liable on this basis. The Client pledges to guarantee TRANS4EUROPE on first demand against any claim placed by a third party whom it will have communicated the completed work to.
Payment must occur without deductions within 30 days of the invoice date.
In case of a delay in the payment of the services on the agreed maturity dates, TRANS4EUROPE is entitled to suspend the fulfillment of the services, without prejudice to any other means of action. Non-payment of the services at the agreed maturity dates shall automatically entail, without prior formal notice, the immediate payability of all outstanding amounts owed by the Client, regardless of the payment method and the scheduled maturity date. Moreover, the remaining sums due will be automatically increased, from their payability date, with a late payment interest equal to the interest rate applied by the European Central Bank to its most recent main refinancing operations plus 10 percentage points, as well as a fixed recovery indemnity of 40 euros excluding tax. If recovery costs are higher than the fixed indemnity, the Client forthwith undertakes to settle such costs in their entirety, on first demand by TRANS4EUROPE and upon presentation of the substantiating documents.
Any partial payment shall be applied against the outstanding amounts regardless of the cause, starting with the amounts whose payability is oldest.
Any legal action aiming at recovering one or several invoices shall lead to the application, by way of penalty clause, of an indemnity corresponding to 10% of the amounts due.
9. PERSONAL DATA
The personal information that TRANS4EUROPE collects within the framework of the fulfillment of the service agreed with the Client is necessary for TRANS4EUROPE to process the Client's request. This information is exclusively for the use of TRANS4EUROPE who pledges not to disclose it to third parties.
In accordance with the French Data Protection and Freedom of Information Law (article 27 of Act 78-17 of January 6, 1978), the Client has a right to access and rectify the information concerning it. This can be done by simply addressing a request in writing to the head office of TRANS4EUROPE.
The Client authorizes TRANS4EUROPE to name its company and to feature its logo as a client reference.
10. Applicable law – choice of forum clause
Any dispute related to the fulfillment and to the termination of contractual obligations between the parties, and in particular any disputes related to the payment of agreed amounts, shall be under the jurisdiction of the court having jurisdiction where TRANS4EUROPE's head office is located.
French law shall be exclusively applicable, regardless of where the service is performed.
General conditions of purchase
By way of derogation from the General Conditions of Sales of the service Vendor and by way of derogation from article L441-6 of the French Commercial Code it is agreed between the Parties to apply the present General Conditions of Purchase of the TRANS4EUROPE company (Trade and Companies Register [RCS]: LILLE METROPOLE 491424743).
1. General provisions
The present General Conditions of Purchase are intended to govern the contractual relationship between TRANS4EUROPE and the service Vendor.
The Parties expressly agree that the present General Conditions of Purchase shall prevail over the General Conditions of Sales of the service Vendor in the event of contrary stipulations.
The acceptance of the General Conditions of Purchase is evidenced by the signature of the service Vendor at the bottom of the present Conditions.
2. Completion of the Sale
The Sale shall be complete only once TRANS4EUROPE has accepted the quotation issued by the Vendor and returned it signed with the mention "Agreed and signed".
Any commencement of work for an order shall constitute a tacit agreement of the present conditions.
Any derogation to the present conditions and any modifications to the order must be subject to the buyer's prior written agreement. Any failure by TRANS4EUROPE to invoke any clause against the Vendor shall not constitute a tacit waiver to the benefit of said clause.
3. Lead times for completion of work
TRANS4EUROPE calls on the Vendor as a subcontractor within the framework of the fulfillment of a contract that it has concluded with a client.
TRANS4EUROPE being bound by lead times towards its final client, it is expressly stipulated that the lead times agreed with the service vendor are binding lead times; any delay by the Vendor may result in a delay for TRANS4EUROPE's client.
4. Obligations of the service vendore
The service Vendor acts as a subcontractor for TRANS4EUROPE. As such, the Vendor must fulfill its mission with all the care that can be expected from a language professional and pledges to provide proof of degree for any qualification that it declares.
The Vendor is expressly forbidden from contacting the final client of TRANS4EUROPE without a prior written authorization from TRANS4EUROPE. Likewise, the Vendor shall be held to a duty of loyalty towards TRANS4EUROPE and as such is forbidden from approaching the final client, directly or indirectly, for the completion of ulterior services for this client.
All documents entrusted to the Vendor are confidential. No reproduction or communication of said documents is allowed. They shall be returned at the latest upon completion of the services.
The Vendor cannot use the TRANS4EUROPE name as a reference without our prior express written consent.
6. Price – Payment
Before the completion of any order, the service Vendor shall provide a quote to TRANS4EUROPE. The service Vendor pledges to maintain the prices indicated on the quote for a duration of 45 days from the date of issue.
Invoices sent in duplicate shall include, in particular, the following mentions:
- the invoice number and invoice date;
- all the references indicated on the TRANS4EUROPE purchase orders, in particular their number, their date and their author;
as well as any other mention required by the French Commercial Code.
The payment of invoices issued by the service Vendor shall be completed within 60 days from the receipt of the invoice.
7. Resolution or termination
If the Vendor fails to fulfill any or part of its obligations, TRANS4EUROPE may terminate the order in full or in part.
8. Applicable law and competent jurisdiction
In case of dispute, only the court having jurisdiction where TRANS4EUROPE's head office is located shall be competent.
French law shall be exclusively applicable, regardless of where the services are performed.