Terms and Conditions

1.INTRODUCTION

Welcome to Magali Ricard Translation (the “Company”). These terms and conditions govern your use of our services. By using our services, you agree to these terms and conditions. These terms and conditions are applicable to all assignments for translation and/or related services, accepted by the Company and the Customer unless otherwise agreed in writing or required by law.

2.ASSIGNMENTS / QUOTATIONS

An assignment agreement is entered into when the Customer accepts the quotation proposed by Magali Ricard Translation in respect of an assignment or the parties come to a specific agreement. To the extent that an assignment is initiated or implemented without a written contract or acknowledgement of order, the relevant parts of these General Terms and Conditions shall apply.

The Customer shall provide the Company with the material required in order for the Company to establish a quotation or written contract or acknoledgement, and carry out the assignment.

The quotation should include :

The nature of service that is to be provided
The quantity (number of pages or words or duration)
Source and target language
Price
Delay in delivery
Files format in case of a specific page layout assignment

3.AMENDMENTS AND SUPPLEMENTS

If the Customer asks for an amendment to be made to the agreed schedule or services, the Company is entitled to charge the Customer for the extra work.

4.THE COMPANY'S LIABILITY

The Company shall endeavour to produce a service with the utmost rigour, in accordance to the material and guidelines provided by the Customer.

The Company accepts no responsibility for any inconsistencies or ambiguities in the original material, as the Customer is solely responsible for checking the technical consistency of the final text.

5.THE CUSTOMER'S LIABILITY

The Customer shall provide the Company with the material required in order for the Company to carry out the assignment.

The Company 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, in particular, to a case of force majeure, or to a possible problem of delivery or to a lack of material to carry out the assignement properly.

The Customer shall have a period of 10 (ten) working day after receiving the translated or proofread documents to express any disagreement with the quality of the service, in writing. After this period, the service shall be deemed to have been duly performed and no dispute shall be accepted.

6.CONFIDENTIALITY

Confidential documents and files made available to the Company in connection with an assignment are treated as strictly confidential and will not be disclosed to a third party without the approval of the Customer with the exception of the Company's selected proofreader if the proofreading is not ensured by the Customer. Confidential information does not include information that is or will be known to the general public or that in any other way (unrelated to the assignment) is received by the Company.

The Company shall not be liable for any interception or misappropriation of information during the transfer of data. Consequently, it is the Customer's responsibility to inform the Company, 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.

7.FORMAT

The translation shall be delivered by e-mail in the format of the source document or any other format agreed between the parties. Any other means of transfer or format must be expressly agreed between the parties and may be subject to an additional charge.

8.TERMS OF PAYMENT

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

In the event of a bank transfer in a currency other than the Euro, the additionnal fees and bank charges shall be charged to the Customer.

In the event of late payment, orders in progress shall be suspended until full payment has been made and the Customer shall be liable for late payment interest calculated at the rate of 10% per month from the first day following the payment deadline and applied to the total amount of the invoice in question, excluding tax. to which shall be added any additional charges that may arise from debt recovery procedures.

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

9.INTELLECTUAL PROPERTY

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

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

The Customer acknowledges that the translation provided by the Company constitutes new material which copyrights are held jointly by the author of the original document and the Company. Consequently, in the case of literary or artistic services, and without prejudice to its rights over its work, the Company could require to be credited on their work.

10.TERMINATION

The Customer is entitled to terminate an assignment prior to delivery conditional on the Customer compensating the Company for the work carried out prior to notice of termination in addition to the cost of terminating the assignment and loss of revenue.

The work carried out prior to notice of termination shall be charged the total of the price priorly agreed.

The work yet to be done shall be charged half of the price priorly agreed.

11.AMICABLE SETTLEMENT

The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement or the interpretation thereof.

12.GOVERNING LAW AND JURISDICATION

These terms and conditions shall be governed by and construed in accordance with French laws. Any disputes arising from these terms and conditions shall be resolved in the courts of a French tribunal.

13.PERSONAL DATA PROTECTION

Where personal data is processed in relation with an assignement, the parties shall comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – « GDPR ».

Each party represents and guarantees to the other party that it will strictly comply with the GDPR for any processing of personal data related to this agreement.

Notwithstanding anything to the contrary, the parties will not be liable under this agreement insofar as compliance with the GDPR prevents them from executing any obligation contemplated herein.