TERMS OF SERVICE

These General Terms of Service set out the rights and obligations of Florence Ammovilli EI (hereinafter referred to as the “Provider”),

on one hand,

and of any natural or legal person wanting to use the Provider’s services (hereinafter referred to as the “Customer”),

on the other hand.

1. Application and Opposability of the General Terms

Any order entails the full and unreserved assent of the Customer to these General Terms of Service to the exclusion of any other document.

No special terms may prevail over these General Terms of Service unless expressly written on the firm and definitive quote.

Any provision of service by the Provider entails the assent of the Customer to these General Terms of Services, which take precedence over the own terms and conditions of purchase of the Customer. Unless expressly agreed, no contrary condition may be invoked against the Provider, regardless of when it was brought to the attention of the Provider.

The fact that the Provider does not invoke at a given moment any of the terms herein shall not be construed as a waiver to invoke in the future any of these General Terms of Service.

2. Orders and Quotes

Each order is usually preceded by a quote made by the Provider based on the documents to be translated or the information provided by the Customer.

The quote emailed by the Provider to the Customer includes the following:

• The number of pages or words to be translated.
• The source language.
• The rates used for pricing the service. The Provider may charge a flat fee, an hourly rate, a per-standard-page rate or a per-word rate in force on the day the order is placed. When it comes to the per-word rate, the Provider may charge per source word (meaning the number of words in the document to be translated) or per target words (meaning the number of words in the translated document), which shall be counted with Word Count in Microsoft Word.
• The delivery deadline.
• The delivery format.
• Any special rates applied because of urgent work, specific terminology research, or any other request that goes beyond the services usually offered by the Provider.

The Customer shall confirm the order by sending the signed, unaltered quote along with a clear statement of consent back to the Provider by mail or email. Failing to receive the order confirmation, the Provider has the right not to initiate the provision of service.

If the order confirmation is not received under the terms stipulated above within one (1) month from the date the quote is sent, the quote shall be considered null and void.

The Provider reserves the right, after informing the Customer, to increase the rates of the services provided and/or to adjust the delivery deadline stated on the initial order confirmation in the following cases:

• If documents are modified or added by the Customer after the quote was prepared by the Provider. In that case, the Provider reserved the right to adjust the rate based on the additional amount of work estimated or requested.
• If the documents were not submitted when the quote was prepared (in the event the Customer only shared the approximate number of words and an excerpt of the content to be translated/reviewed/proofread/post-edited).

Unless the Customer expressly agrees to the new conditions of delivery and/or pricing, the Provider reserves the right not to initiate the provision of service.

Unless otherwise agreed on the quote, the Customer shall bear the costs incurred for the provision of the service (travel, postage fees, etc.).

Any decisions regarding discounts, reduced or decreased rates based on a percentage or flat fee (per page, line or hour) are at the sole discretion of the Provider and only for the service being provided. Any discounts or price cuts offered to the Customer shall not create a right vested in interest concerning future services.

If no prior quote has been sent to the Customer by the Provider, orders are placed by email and the services are invoiced at the base rate usually charged by the Provider or at any other rate agreed between the Provider and the Customer during the email exchange. Once the Customer approves the deadline given by the Provider, the order shall be deemed confirmed.

3. Proof

The Customer agrees to consider emails, copies and computer files as equivalent to the original and valid proof that the order was confirmed.

4. Deposit

A deposit may be asked for any order exceeding 800 (eight hundred) EUR. The amount of the deposit shall be specified on the quote. In that case, work shall only begin upon receiving the deposit.

5. Delivery Deadlines

The indicative delivery deadline mentioned on the quote shall become binding only if the Provider has received all the documents to be translated and if the Customer confirmed their order as stipulated in Article 2 of these General Terms of Service within 3 (three) working days from the date of receiving the quote. After that period, the delivery deadline may be adjusted depending on the workload of the Provider.

6. Obligations of the Provider

The Provider endeavors to provide a translation that is as faithful as possible to the original material and that complies with professional standards. The Provider shall strive to take into account and include in the translation all the information provided by the Customer (glossaries, figures, illustrations, abbreviations, etc.). The Provider shall not be held liable for any inconsistencies or ambiguities in the source material, given that the technical coherence of the final text remains the sole responsibility of the Customer.

7. Obligations of the Customer

The Customer undertakes to give to the Provider all the materials to be translated and any technical information required to understand the materials and, where applicable, the specific terminology required. Should the Customer not fulfill their obligation to give all relevant information to the Provider, the Provider shall not be held liable if the translation does not conform the standards of the Customer or if the work is delivered after the deadline.

The customer has a period of 10 (ten) working days from receiving the translated/reviewed/proofread/post-edited materials to inform the Provider in writing of any disagreement concerning the quality of the service. Once this period has expired, the service shall be considered completed and no claims may be made. For this purpose, the Customer agrees to consider any acknowledgment of receipt by mail or email as proof of delivery.

8. Confidentiality

The Provider undertakes to respect the confidentiality of any information shared before, during or after the provision of the service. Original materials shall be returned to the Customer upon written request.

The Provider shall not be held liable in the event that information is intercepted or misused during its transfer, especially over the Internet. It is therefore up to the Customer to inform the Provider before or when the order is placed of the preferred means of transfer so as to guarantee the confidentiality of any sensitive information.

9. Format

The translated/reviewed/proofread/post-edited document is delivered by email in Word and/or PDF format. The Customer may request for a printed version to be sent by mail. Any other means of delivery or formats must be expressly agreed to by both Parties and may result in additional fees.

10. Liability

The Provider shall only be held liable for the invoiced value of the work provided.

Under no circumstances shall the Provider be held liable for claims or complaints related to nuances of style.

Please note that delivery deadlines are indicative only and failure to meet them shall not result in late fees being applied as a general rule. In any event, the Provider shall not be held liable for direct or indirect harm caused to the Customer or Third Parties resulting from late delivery, in particular due to force majeure or delivery issues.

11. Corrections and Proofreading

In case of disagreement over some aspects of a service provided, the Provider reserves the right to correct these aspects in cooperation with the Customer.

If the translation is to be published, the Provider must be sent a proof copy to review before printing.

Unless otherwise agreed in writing, any correction, review or proofreading shall result in additional costs charged at the prevailing hourly rate.

12. Terms of Payment

Unless otherwise stated on the quote, the invoices use net pricing, the Provider does not grant discounts for prepayment, and the payment in full shall me made no later than 30 (thirty) days from the date the invoice was issued.

Should the payment be made by bank transfer from abroad, all exchange and bank fees will be included in the quote or sent as an individual invoice to the Customer.

The translation remains the property of the Provider until the payment has been received in full.

Please note that for businesses, when payment is late, ongoing orders are automatically suspended until receiving payment in full and the Customer is liable, without any prior notice being required in accordance with Article L.441-6 of the French Commercial Code, for 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 fixed charge for recovery costs of 40 EUR (40) net of tax. An additional charge may be claimed when the recovery costs incurred exceed the amount of the fixed charge, upon provision of supporting documentation.

13. Intellectual Property

Before undertaking to have a document translated, the Customer must ensure that they have the right to do so. The Customer must be the author of the original document or have received written authorization from the copyright holder of the document prior to submitting it for translation.

Should the Customer fail to do so, the Provider shall not be held liable if all or part of the documents to be translated violate the intellectual property rights or any other rights of a third party or any applicable regulations. In such an event, the Customer shall be held solely liable for any damage and financial consequences resulting for this negligence.

Furthermore, the Customer acknowledges that the translation made by the Provider is a new document whose copyright is owned jointly by the author of the original document and the Provider. As such, for services of a literary or artistic nature, and without prejudice to the Provider’s rights to the work, the Provider reserves the right to require their name to be stated on any copies or publications of the translated/reviewed/proofread/post-edited work, in accordance with Article L.132-11 of the French Intellectual Property Code.

14. Cancellation

No matter the reason, should the Customer cancel an order after it has been placed, the Customer must notify the Provider in writing, the work already completed by the Provider shall be charged in full (100%), and the Customer shall also pay for half (50%) of the remaining work.

15. Amicable Settlement

The Parties undertake to seek an amicable arrangement in the event of a dispute of any nature whatsoever prior to taking legal action.

The Parties undertake to use their best efforts to successfully reach an amicable settlement. The Parties undertake to demonstrate good faith.

16. Applicable Law and Jurisdiction

These General Terms of Service are governed by French law and must be interpreted in accordance thereto. Should the Parties fail to reach an amicable settlement as set out in Article 15 above, the Parties assign exclusive jurisdiction to the French courts to settle any dispute over the provision of services and these General Terms.