General Terms and Conditions
1. Application and enforcement
All orders placed imply the Client’s full and unconditional acceptance of the general terms and conditions, excluding any other document signed by the parties.
2. Quotes and orders
Each customer order is preceded by a free quote issued by LC Lingua, on the basis of documents to be translated or information provided by the Client.
The quote sent by LC Lingua to the Client by mail, fax or e-mail shall include: source language, target language, deadline, delivery format and price.
To confirm an order, the Client must return the unmodified quote to LC Lingua by e-mail, fax or mail signed with the words “Signed and Agreed” and the Client’s company stamp.
The Client may also confirm the order by sending an e-mail clearly specifying the service purchased and the start date.
The Client considers the copy of the quote sent via mail, fax or e-mail equal to the original or as proof of purchase. Failing to receive confirmation of the order, LC Lingua reserves the right not to commence work.
The quote is valid for two (2) months from the date of creation. In the absence of confirming during this period, LC Lingua reserves the right, after informing the Client, to modify all or part of the quote.
Unless otherwise specified on the quote, costs incurred to carry out the service (travel, express mail, etc.) will be charged to the Client.
Discounts or rebates, based on a percentage or flat rate (by page or by the hour), remain at the sole discretion of LC Lingua and only for the service in question. Any such discounts or rebates do not give rise to any rights that the Client might assert in respect of any future services.
For any orders that exceed two thousand (2,000) euro may require a deposit, which the percentage will be specified on the quote. In this case, the deposit will be paid via bank transfer upon acceptance. An e-mail confirmation from the Client’s bank shall be sent as proof.
4. Delivery times
Provided that LC Lingua has received all the documents to be translated, the delivery time mentioned on the quote is applicable only if the Client confirms the order within two (2) working days from the day he or she received the quote. After this time, the delivery date may be revised depending on the workload of LC Lingua.
5. Service provider obligations
LC Lingua works hard to provide translations that are true to the source text and comply with the standards of the industry and/or profession. LC Lingua also does its best to include information provided by the Client in the translation (glossaries, plans, drawings, abbreviations, translation memories, reference documents) as soon as they have been approved by the latter. LC Lingua is not responsible for the original text (source) in the event of any inconsistency or ambiguity. The Client alone is responsible for verifying the technical consistency of the final text to be translated (source).
6. Client obligations
The Client shall send the full text to be translated and all technical information necessary to understand the text as well as its destination and, if necessary, specific terminology required to LC Lingua. If the Client fails to properly inform LC Lingua, LC Lingua cannot be held liable for any nonconformities or missed deadlines.
The Client has a period of ten (10) working days from the date of receipt of the translated or proofread documents to express in writing any disagreement concerning the quality or delivery of the service provided. After this period, the service will be treated as duly completed and no contestation shall be admissible. Disagreement must be stated in a letter or e-mail with the original documents and disputed translations mentioning the mistranslated passages, explanations and documented comments.
Under no circumstances shall errors in one or even several parts of the translation put the entire work into question.
LC Lingua reserves the right to make corrections.
The total liability of LC Lingua is limited to the billed amount excluding taxes.
LC Lingua is committed to respecting the confidentiality of the information brought to its attention before, during and after providing the service.
LC Lingua cannot be held responsible for the interception or diversion of information when transferring files, including via Internet. Therefore, the Client should inform LC Lingua when requesting a quote of the desired method of transmission (internet, fax, mail, courier), to ensure the confidentiality of any sensitive information. Otherwise, the documents will be sent by e-mail to the address collected at the time of quotation.
Translation is carried out in file’s original format. Any other format must be expressly agreed between the parties at the time of the quote and may be subject to additional charges.
In any event, the responsibility of LC Lingua is limited only to the amount of the relative invoice. Under no circumstances shall LC Lingua be held liable for claims concerning the style or author’s corrections.
It is noted that delivery dates, even if they are fixed at the time of the quote, can be modified, if the files to be translated prove defective, incoherent or poorly written.
In any event, LC Lingua shall not be held responsible for any direct or indirect damage cause to the Client due to a delay in delivery due to force majeure, or to potential delays in delivery by fax, e-mail or postal services.
10. Proofreading - corrections
In case of disagreement on certain aspects of the translation, LC Lingua reserves the right to correct it in cooperation with the Client if it wishes.
When the translation is to be printed, LC Lingua receives the printing proofs to proofread. Unless otherwise specified in writing, all corrections or proofreading are subject to additional charges based on the hourly rates indicated to the Client.
11. Deadlines and payment terms
Unless otherwise mentioned in the quote, invoices are payable in full, net within 15 days from the date of invoice. In case of payment by check or wire transfer from abroad, all exchange costs and banking fees will be borne by the Client. In the event of late payment, LC Lingua has the right to stop all current orders until outstanding invoices are paid in full. The Client will be liable, without any prior notice being necessary, for any late payment penalties at the rate of 12% applied to the amount including tax of the invoice in question.
The translation remains the property of LC Lingua until each invoice is paid in full.
12. Intellectual property
Before submitting a document for translation to LC Lingua, the Client must verify that he or she has the right. The Client must be the author of the original document or have obtained written authorization prior to the translation from the document’s copyright holder.
Otherwise, LC Lingua shall not in any way be held responsible if all or part of the documents provided by the Client were to violate the intellectual property rights or other applicable regulations. If applicable, the Client alone will be liable any compensation due or financial consequences of his or her own negligence.
Furthermore, the Client acknowledges that the translation by LC Lingua is a new document, whose copyright is held jointly by the author of the original document and LC Lingua. Therefore, if a translation is of a literary or artistic nature, and without prejudice to its economic rights on its work, LC Lingua reserves the right to ask that his name be mentioned on any copies or publications of its service according to the French Intellectual Property Code, paragraph L.132-11.
13. Cancelling an order
In case of cancellation of a translation order in progress, whatever the reason, in writing to LC Lingua, the Client will be fully charged for work already done. The remaining work will be subject to compensation.
In case of cancellation of an interpreting order, whatever the reason, in writing to LC Lingua, the Client will be charged in full if within fifteen (15) days prior to the mission; up to 50% if cancelled within 30 days.
14. Litigation – settlement
In the event of dispute of any nature whatsoever, the parties undertake to seek an amicable settlement. They undertake to do their utmost to ensure that this settlement has every chance of success and to act in good faith.
If unable to find an amicable agreement, only the Commercial Court of Nantes will be competent.