GENERAL TERMS AND CONDITIONS OF SERVICE & PRIVACY POLICY
translation - post-editing - proofreading

These general terms and conditions of service that set out the rights and obligations of Melanie Hall Rigolot, acting under the name of Tradtastic, a sole proprietorship active since 01/07/2022, SIREN 915 212 849, SIRET 915 212 849 00011, main activity (APE) 74.30Z - Translation (the "Service Provider"), on one hand, and any individual or legal entity wishing to benefit from the Service Provider's services (the "Client"), on the other.

1.      APPLICATION OF THE GENERAL CONDITIONS - ENFORCEABILITY

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 condition may, except in the case of a formal and written exception appearing on the order form which has become firm and definitive, prevail over these general conditions for the provision of services.

The performance of any service by the Service Provider implies the acceptance by the Client of these general terms and conditions, and the waiver of its own general terms and conditions of purchase. Any condition to the contrary shall therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to its attention.

The fact that the Service Provider does not at any time take advantage of any of these general terms and conditions of service provision shall not be interpreted as a waiver of the right to take advantage of any of the said terms and conditions at a later date.

 2.      PLACING OF ORDERS / QUOTATION

Each order placed by the Client is generally preceded by a free quotation drawn up by the Service Provider on the basis of the documents to be translated or the information provided by the Client.

The quotation sent by the Service Provider to the Client, by post, fax or e-mail, specifies in particular

- The number of pages or words to be translated;- The language of the translation;- The method of determining the price of the translation service. The latter is invoiced either on a flat-rate basis, or on the basis of the time spent, or on the basis of the service provider's price list in force on the day the quotation is drawn up, in particular per source word (i.e. per word contained in the text to be translated) or per target word (i.e. per word contained in the translated text) according to the breakdown proposed by Microsoft's Word software (or any other mutually-agreed upon tool), per line or per page - The deadline for the delivery of the translation service; - The format of the documents to be translated in the event of a request for a specific layout of the document delivered; - Any price increases applied in particular due to urgency, specific terminological research or any other request outside the usual services provided by the Service Provider.

In order to confirm the order, the Client must return the quotation to the Service Provider by e-mail without any changes, stating "Accepted" and signing it. If the Customer does not receive the acceptance of the quotation, the Provider reserves the right not to start the service.

In the absence of confirmation of the order in accordance with the terms and conditions set out above within the period indicated on the quotation or, failing this, within 3 (three) months of the date on which the quotation was sent, the quotation shall be deemed to have expired.

The Service Provider reserves the right, after having informed the Client, to increase the rates for the services and/or not to respect the delivery date indicated on the Client's initial order confirmation, in particular in the following cases

a. Modification or addition of additional documents by the Client after the quotation has been issued by the Service Provider. In this case, the Service Provider reserves the right to adjust the price according to the volume of additional text to be processed that has been identified or requested;

b.The absence of documents when the quotation was drawn up (if the quotation had to be drawn up on the basis of 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 services.

Unless otherwise agreed in the quotation, the costs incurred for the performance of the service (travel, express mail, etc.) shall be borne by the Client.

Any decision to grant a discount, reduction or application of degressive rates, based on a percentage or a fixed price (per page, per line or per hour), remains at the sole discretion of the Service Provider, and only for the service which is the subject of the discount. Any discounts or rebates granted to the Client shall in no way create an acquired right for subsequent services.

If the Service Provider has not sent the Client a quotation in advance, orders shall be placed by simple exchange of e-mails and translation services shall be invoiced in accordance with the basic rate usually applied by the Service Provider or any other rate agreed between the Service Provider and the Client in the exchange of e-mails. If the Client agrees to the deadline communicated by the Service Provider, this shall constitute an order.

3.      PROOF

For the purpose of proving the existence of this quotation acceptance, the Customer agrees to consider as equivalent to the original and as perfect proof, the fax, the e-mail, the copy and the computer support.

4.      ADVANCE PAYMENT

Any order for an amount exceeding 1,000 (one thousand) euros (excluding VAT) may be subject to a request for a deposit, the percentage of which is specified on the quotation. In this case, the execution of the services shall only begin once the deposit has been received.

5.      DELIVERY TIME

Subject to the Service Provider's receipt of all the documents to be translated, the delivery time indicated in the quotation is only applicable if the Client confirms the order in accordance with the terms and conditions set out in Article 2 above within 3 (three) working days of receiving the quotation. After this period, the delivery date may be revised according to the Service Provider's workload.

6.      OBLIGATIONS OF THE SERVICE PROVIDER

The Service Provider shall endeavour to produce the translation as faithfully as possible in relation to the original and in accordance with the practices of the profession. The Service Provider shall make every effort to take into account and integrate into the translation any information provided by the Client (glossaries, plans, drawings, abbreviations, etc.). The Service Provider shall not be liable for any inconsistency or ambiguity in the original text, and the Client shall be solely responsible for checking 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 required for their understanding and, where applicable, the specific terminology required. If the Client fails to inform the Service Provider, the Service Provider shall not be liable for any non-conformity or for exceeding the deadline.

The Client shall have 5 (five) working days from receipt of the translated or proofread documents to express in writing any disagreement with the quality of the service. After this period, the service shall be deemed to have been duly performed and no dispute shall be accepted. To this end, the client agrees to consider as proof of delivery any acknowledgement of receipt by post, fax or e-mail.

8.      CONFIDENTIALITY

The Service Provider undertakes to respect the confidentiality of information brought to its knowledge before, during or after the performance of its services. The originals are returned to the Client upon written request.

The Service Provider shall not be liable for any interception or misappropriation of information during the transfer of data, particularly via the Internet. Consequently, it is the Customer's responsibility to inform the Service Provider, prior to or at the time of the order, of the means of transfer that it wishes to see implemented in order to guarantee the confidentiality of any sensitive information.

9.      PROTECTION OF PERSONAL DATA

Within the framework of the Service, the Provider collects personal data concerning the Client (title, surname, first name, company name, postal address, telephone number, email address).

This data is used to send the Client quotes, invoices and information required for the Service and promotional messages about the Service Provider's services.

The data collected is subject to computer processing by the Service Provider and is kept in a secure manner for the purpose of carrying out the Service, which is the subject of these general terms and conditions, and in accordance with legal and regulatory obligations.

The person responsible for data processing and protection is Melanie Hall Rigolot, 167 route de Rouen, 76750 Estouteville Ecalles, France - melanierigolot@gmail.com.

Access to personal data will be strictly limited to her. The information collected may be communicated to a third party linked to the Provider's company by contract for the performance of subcontracted tasks (hereinafter, "the Subcontractor").

The Subcontractor is obliged to comply with these terms and conditions. It is the Provider's responsibility to ensure that the Subcontractor provides the same sufficient guarantees regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the European Data Protection Regulation.

In the event of a data breach, the Service Provider shall inform the Client as soon as possible and, within 72 hours of becoming aware of it, shall notify the National Commission for Information Technology and Civil Liberties (CNIL) of the breach.

In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended by Law No. 2004-801 of 6 August 2004, and by European Regulation No. 2016/679/EU, the Client has a right of access, rectification, deletion and portability of data concerning him/her, as well as the right to object to the processing for a legitimate reason, rights that he/she may exercise by contacting the data controller at the postal or email address mentioned above, enclosing valid proof of his/her identity.

For further information and in the event of a complaint, the Customer may contact the French National Commission for Information Technology and Civil Liberties (www.cnil.fr).

Personal data is kept for five years after the end of the current year. If at the end of this period no business relationship is established, it will be deleted from the Provider's servers.

However, once the Customer has placed an order, and even in the event of a request for deletion of the account, the Service Provider is obliged to keep the personal data appearing on invoices and order forms for ten (10) years from their date of issue (Article L-123-22 of the French Commercial Code).

10.      FORMAT

The translation is delivered by e-mail in Word format. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional billing.

11.   LIABILITY

The Service Provider's liability shall be limited solely to the amount of the invoice concerned.

The Service Provider shall under no circumstances be liable for claims based on stylistic nuances.

Delivery times are given as an indication only and failure to comply with them shall not, in principle, result in penalties for delay. In any event, the Service Provider shall not be liable for any direct or indirect damage caused to the Customer or to third parties as a result of a delay in delivery due to force majeure or to a possible delivery problem.

12.   CORRECTIONS AND PROOFREADING

In the event of disagreement on certain points of the service, the Service Provider reserves the right to correct the translation in cooperation with the Client.

If the translation is to be edited, the Service Provider shall receive the printer's proof for proofreading.

Unless otherwise agreed in writing, any correction or proofreading shall be invoiced additionally at the current hourly rate.

13.   TERMS OF PAYMENT

Unless otherwise specified in the quotation, invoices are net, without discount and are payable within 30 (thirty) days from the date of issue of the invoice.

In the event of payment by cheque or bank transfer from abroad, all exchange and bank charges shall be subject either to a flat-rate surcharge specified on the quotation or to a full charge to the Client.

The translation remains the property of the Translator until full payment is received.

It should be noted that in the case of professional clients only, in the event of late payment, orders in progress shall be automatically suspended until full payment has been made and the Client shall be liable, without the need for prior formal notice, 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 indemnity for collection costs of 40 euros.

14. INTELLECTUAL PROPERTY 

Before submitting a document for translation to the Service Provider, the Client must ensure that it has the right to do so. The Client must therefore be the author of the original document or have obtained prior written permission for translation from the copyright holder of the document.

Otherwise, the Service Provider shall not be liable in any way if any part of the documents provided by the Client infringe the intellectual property rights or any other rights of a third party or any applicable regulations. In such a case, the Client shall be solely responsible for any damages and financial consequences resulting from its own negligence.

Furthermore, the Client acknowledges that the translation produced by the Service Provider constitutes a new document, the copyright to which is held jointly by the author of the original document and the Service Provider. Consequently, in the case of services of a literary or artistic nature, 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.

15. 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 the rate of 100% (one hundred percent) and the work remaining to be carried out at the rate of 50% (fifty percent).

16. AMICABLE SETTLEMENT 

The parties undertake, in the event of a dispute of any kind whatsoever and before any legal action is taken, to submit to an attempt at conciliation.

To this end, from the time of the occurrence of the disputed event, the parties undertake to jointly refer the matter to the SFT Arbitration Committee by registered letter with a copy 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 4 (four) months following referral to the Committee and acknowledge that any referral made in contradiction with this obligation may be considered as a refusal to accept the case or, failing this, as an obstacle to any amicable settlement of the dispute and justifies the payment of compensation of 1,500 (one thousand five hundred) euros to the other party.

17. APPLICABLE LAW - COMPETENT JURISDICTION 

The present general 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 grant exclusive jurisdiction to the French courts to settle any dispute relating to the provision of the service and these general conditions.

Translation of the 18/07/2022 SFT*
(Société Française de Traducteurs) recommendations.