1. Applicability and validity
All orders placed imply the client’s full acceptance of these Terms of Sale, without any reservation whatsoever and to the exclusion of any other document, unless expressly stated in writing on the final and binding purchase order.
The execution of any service by Ophélie Rigault implies the Client accepts these Terms of Sale and waives his own general terms and conditions. Any other disposition, in the absence of manifest consent, will be ineffective against Ophélie Rigault, regardless of the time at which she may have been made aware of it.
Any condition to the contrary shall not be binding to Ophélie Rigault unless expressly accepted by Ophélie Rigault in writing, regardless of when she becomes aware of the condition. That Ophélie Rigault does not exercise one or more of the provisions in these Terms of Sale shall not be interpreted as a waiver of her right to exercise any of the provisions in these Terms of Sale at a later date.
2. Quotes and orders
Each order placed by the Client shall be preceded by a free quote issued by Ophélie Rigault based on the documents to be translated or information provided by the Client.
The quote Ophélie Rigault sends to the Client by electronic mail shall include:
• The number of words or pages to be translated;
• The language pair;
• The way in which the translation was priced. A translation is billed either at a flat rate, at an hourly rate, or based on Ophélie Rigault’s rates at the time the quote is prepared, such as the number of words in the text to be translated or number of target words in the translated text, according the Statistics function in Microsoft Word, by line, page, or by hour;
• The date of delivery of the translation;
• The format of the translated documents in case a specific layout has been requested;
• Any special rates applied because of urgency, specific research, or any other service that goes beyond the services usually provided by Ophélie Rigault.
To confirm an order, the Client must return the unaltered quote with its written approval and signature to Ophélie Rigault by mail. If Ophélie Rigault does not receive the order confirmation, she reserves the right not to commence work on the project concerned.
Ophélie Rigault reserves the right, after informing the Client, to charge an additional fee and/or not to adhere to the delivery date on the Client’s initial order in the following cases:
1. Modification of documents or the addition of documents by the Client after the initial quote was prepared by Ophélie Rigault, in which case she reserves the right to adjust the rate based on the additional volume of work estimated or requested;
2. If the documents were not furnished during the quote preparation process and/or if the initial quote was based on the Client’s estimation of the number of words and an excerpt of the text.
In the absence of the Client’s express acceptance of the new delivery and/or invoicing conditions, Ophélie Rigault reserves the right not to commence work.
Any decisions to offer a discount, reduction, or sliding fee scale based on a percentage or flat flee (per page, line or hour) are at the sole discretion of Ophélie Rigault and only for the service to which they apply. Any discounts or rebates offered to the Client shall not create a right vested in interest concerning future services.
The Client agrees to consider faxes, e-mails, copies, and computer files as equivalent to the original and valid proof that the order was confirmed.
Any order exceeding Euro 1,000.00 excluding tax may be subject to a deposit, the amount of which shall be clearly stipulated in the quote. Work shall begin only once the payment has cleared.
Any delivery date or dates agreed between Ophélie Rigault and the Client shall become binding only once Ophélie Rigault has received all the documents to be translated and if the Client has confirmed his/her order as specified in Paragraph 2 above within 3 working days from the date of reception of the quote. After that time, the delivery date may be revised if so required by Ophélie Rigault’s workload.
6. Ophélie Rigault’s obligations
Ophélie Rigault agrees to provide a translation that is as faithful as possible to the original and that complies with professional standards. She shall do everything possible to take into account and include in the translation information provided by the Client (glossaries, drawings, diagrams, abbreviations). Ophélie Rigault shall not be held liable for any inconsistencies or ambiguities in the source text, the verification of the final text’s technical coherence remaining the Client’s sole responsibility.
7. The Client’s obligations
The Client shall provide Ophélie Rigault with all of the texts to be translated and all of the technical information required to understand the text and, if necessary, the specific terminology required. If the Client fails to inform Ophélie Rigault, she shall not be held liable if the translation does not conform to the Client’s standards or if delivery is late.
The client has 10 working days from the time the translated documents are received to inform Ophélie Rigault in writing of any disagreement concerning the quality of the translation. Once this period has expired, the service shall be considered duly completed and no claims may be made. The client agrees to consider postal, fax, or electronic mail receipts as proof of delivery.
Ophélie Rigault agrees to preserve the confidentiality of information she becomes aware of before, during, and after providing services. Original documents shall be returned to the Client upon simple request.
Ophélie Rigault shall not be held liable in the event that information is intercepted or used by a third party during the transfer of data, especially on the Internet. Therefore, the Client must inform Ophélie Rigault before the provision of services or at the time the order is placed of the means of transmission the Client would like Ophélie Rigault to use to ensure the confidentiality of any sensitive information.
Ophélie Rigault’s liability shall not exceed the total value of the contract.
Ophélie Rigault shall not be liable for claims related to nuances of style or alterations made to her work by other persons.
Ophélie Rigault shall not be held liable for direct or indirect harm to the Client or a third party resulting from late delivery due to force majeure or fax transmission, electronic mail, postal and other problems.
10. Corrections and proofreading
In the event of disagreements about certain aspects of the translation, Ophélie Rigault reserves the right to correct these aspects in cooperation with the Client.
If the translation is to be published, Ophélie Rigault shall receive the printer’s proofs to proofread them before the document goes to print.
Unless otherwise specified in writing, all corrections will result in additional charges to be billed at the prevailing hourly rate.
Payment, minus any amount already paid on deposit, shall be made within 30 calendar days of the invoice date, by wire transfer, cheque or money order. Interest at the rate of 10% per month, effective from the first calendar day following the payment deadline indicated on the invoice, will be charged on all overdue balances.
All wire transfer fees and other charges incurred in remitting payment (including intermediary and correspondent bank charges) are payable by the Client. Ophélie Rigault reserves the right to invoice the Client for any bank charges deducted from the payment.
The contract for the work is established between Ophélie Rigault and the Client, and payment of Ophélie Rigault’s fee is not contingent on the review, approval or payment of any third party.
Before undertaking to have a document translated, the Client must ensure that this does not infringe on any third-party rights. Therefore, the Client must be the author of the original document or have obtained written permission to have the document translated from the party holding the copyrights to the document.
If these conditions have not been ensured by the Client, under no circumstances shall Ophélie Rigault be held liable if all or a portion of the documents to be translated were to infringe on the rights of a third party or violate any applicable regulations. If this were to occur, the Client shall be held solely liable for any harm or financial consequences resulting from the Client’s negligence.
Furthermore, the Client acknowledges that the translation is a new document, whose copyright is held jointly by the author of the original document and Ophélie Rigault. As a result, for literary or artistic translation, and without harm to Ophélie Rigault’s rights to the work, Ophélie Rigault reserves the right to require that her name be mentioned on any copies or publications of the translation, in compliance with France’s Intellectual Property Code (paragraph L.132-11).
If the request for translation is cancelled while the contract is being performed, for whatever reason and notified in writing by the Client to Ophélie Rigault, the Client shall pay the Ophélie Rigault the full contract sum for the work completed.
14. Governing law
This Agreement shall be governed, construed, and enforced in accordance with the laws of France.
The parties submit to the exclusive jurisdiction of the French courts to resolve any contractual dispute.