Mise à jour du 30/09/2020
All translation, revision, proofreading, transcription, duplication and other services ordered from ISM Interprétariat-Translation Department (hereinafter “ISM Traduction”) are governed by these General Terms and Conditions of Sale (hereinafter “T&C”), notwithstanding any contrary or different clauses in use by ISM Traduction’s Client, which the Client expressly waives in advance and without reservation.
Therefore, any clauses that may appear on the Client’s documents, and in particular the Client’s own general terms and conditions of purchase, cannot be invoked against ISM Traduction.
The fact that a Client places an order with ISM Traduction implies full knowledge and acceptance of these T&C.
ISM Traduction reserves the right to revise these General Terms and Conditions of Sale at any time, and the said T&C shall subsequently apply to all new orders, regardless of the prior relationship between ISM Traduction and the Client.
ISM Traduction’s pricing differs depending on the service ordered.
The prices mentioned in ISM Traduction’s commercial offers are guaranteed, subject to a purchase order or signing ISM Traduction’s quote, before expiration of the validity date indicated on the latter. If this deadline is not met, the prices may be revised according to the costs incurred in organising completion of the work.
The basic prices only apply to work carried out under conditions considered to be normal. They are provided in euros and calculated net of tax. ISM Traduction is not subject to VAT. The prices are for information purposes only and any special stipulations regarding deadlines, format or other special requests shall lead to price variations. In the event of very short deadlines imposed by the Client, an emergency schedule raising the prices charged shall apply.
The application of a discount on an order in no way implies that ISM Traduction is obliged to apply this discount to orders placed subsequently by the Client.
Each quote is free of charge and preferably based on the documents to be processed, provided by the Client. The price quoted on the quote is final for the period indicated, except in the following cases:
- modification of the content or addition of documents by the Client at the time of the order confirmation,
- absence of documents when establishing the quote, when it was established by simply communicating the approximate number of words or an excerpt of the content.
In these cases, ISM Traduction reserves the right to readjust the price indicated in the original quote and to establish an amended quote.
For free-text documents, in a non-editable file format, the estimate shall be provisional and shall be established according to the number of pages translated, at the rate of 250 words per page.
- the number of pages is less than the initial estimate, invoicing shall be based on the actual number of pages,
- the number of pages is greater than the initial estimate, invoicing shall be based on the number of pages indicated on the quote.
3. Client Commitments
Translation, revision, proofreading, transcription and other services shall only begin after receipt of a purchase order or quote duly dated and signed by the Client.
Any modification of the service ordered shall be subject to a new agreement, effected by signing an amended quote.
The Client undertakes to provide the texts to be translated on time. They shall be accompanied by any information deemed relevant by the Client. When specific terminology must be respected, the Client undertakes to provide the relevant glossaries, lexicons and/or reference texts.
If the order is placed within a timeframe that is insufficient to implement the requested services, or if the documentation provided is insufficient, ISM Traduction reserves the right to refuse the contract and to invoice any costs incurred as a result of the order placed.
The Client also undertakes to answer the technical questions asked by ISM Traduction and to provide the Latin spelling of proper nouns in order to avoid any transcription errors in the translation.
ISM Traduction reserves the right to invoice any proofreading or revision if the requested elements have not been provided beforehand.
4. Obligations of ISM TRADUCTION
ISM Traduction undertakes that any translation, revision, proofreading, transcription, duplication and other services it accepts shall be carried out by experienced professionals.
In accordance with contract law, any translation, revision, proofreading or transcription must be faithful in quality and comply with the rules of the trade.
ISM Traduction also undertakes to carry out a quality control and/or revision for each translated or proofread document.
5. Payment Terms
For Clients in France, unless otherwise expressly stipulated and formally accepted by ISM Traduction, invoices are payable within thirty (30) days from the invoicing date, net and without discount. A deposit may be required, depending on the size of the order.
For Clients outside France, services are payable in advance by bank transfer upon presentation of a pro forma invoice. The transfer costs shall be settled by the Client. ISM Traduction reserves the right to apply shipping costs.
Payment methods: any payment must be made by cheque, credit card, bank transfer or via PayPal payable to ISM Traduction.
Any order in excess of one thousand five hundred (1500) euros shall be subject to a request for a 50% deposit. In this case, the execution of services shall only begin after receipt of the advance payment.
Until the services have been paid for in full, ISM Traduction shall retain ownership of the reproduction rights of any document and/or file translated, in whole or in part, according to the laws in force in the field of intellectual property. In the event of non-payment, any use, representation, partial or complete reproduction of the said translation shall be deemed unlawful.
In the event of non-compliance with the payment terms set out below, ISM Traduction reserves the right to suspend the service in progress until receipt of payment.
In accordance with Article L. 441-10 of the French Commercial Code, any late payment shall automatically entail the application of late payment penalties, the amount of which results from the application of the remaining sums due, at a rate equal to three (3) times the legal interest rate in force.
In accordance with Articles L. 441-10 and D. 441-5 of the French Commercial Code, any professional debtor paying an invoice, after the payment deadline has expired, must pay their creditor a lump sum compensation of forty (40) euros per invoice paid after the due date has passed. This lump sum compensation is a minimum: when the incurred recovery costs exceed the amount of the lump sum, the creditor may request additional compensation, for which the creditor shall provide justification.
If, in addition, the recovery of a debt requires the intervention of an agent or the initiation of legal proceedings, the amount of this debt shall be increased by 10% by virtue of a penalty clause and increased by the amount of the various costs incurred.
Any request to cancel or postpone the delivery of a service for which a quote has been accepted must be sent, dated and signed, by email or registered letter with acknowledgement of receipt to ISM Traduction.
In the event of cancellation of an order for translation, revision, proofreading, transcription or other services, the cancellation fee shall be equal to the cost of the actual service performed.
7. ISM TRADUCTION Time Schedules
The delivery schedules stipulated on the quotes shall be understood to be upon receipt of the order and the final documents. The delivery schedules are provided for information purposes only.
Consequently, any reasonable delay in the delivery of the services shall not entitle the Client to claim damages or to cancel the order.
Any quote accepted and sent after 5:00 PM GMT+1 to ISM Traduction shall be considered as received the following day. If the following day turns out to be a non-working day, the date taken into account shall be that of the first following working day.
In the event of difficulties in understanding the texts/documentation, the delivery deadline shall be extended for a period equal to the time taken to research or discuss terminology.
8. Responsibility of ISM TRADUCTION
ISM Traduction guarantees the Client a constant process of quality control of the services. In the event of sub-contracting, ISM Traduction undertakes to use qualified professionals. To be considered, any dispute pertaining to the quality or delivery of the work ordered must be presented by registered mail with acknowledgement of receipt within fourteen (14) days from the delivery of the work.
No claim is likely to justify withholding all or part of the payment. Similarly, no compensation shall be enforceable against ISM Traduction.
ISM Traduction’s mission is limited to the translation of documents and not to their content; therefore, ISM Traduction shall not be held liable if the source text does not make it possible to guarantee the quality of the translation.
Under no circumstances shall ISM Traduction be held morally or materially liable for claims based on nuances in style or distinct terminological choices. Finding some inaccuracies in one part of the translation shall not call into question the entire work performed by ISM Traduction. ISM Traduction reserves the right to make the necessary changes and/or to grant a discount or credit note to the Client if the complaints made by the latter prove to be valid.
Under no circumstances shall ISM Traduction be held liable to the Client or any other person for any special, incidental, indirect or consequential damages arising from claims based on the precision, legibility, accuracy or consistency of the data processed by ISM Traduction, even if ISM Traduction has been advised of the possibility of such claims or damages.
ISM Traduction shall not be held liable for delays in delivery due to technical problems beyond its control, possible delays in the delivery of mail and postal means or cases of Force Majeure, i.e. any external, unforeseeable or irresistible event under the provisions of Article 1148 of the French Civil Code.
No delay attributable to the Client (delay in the delivery of files, waiting for necessary information, invalid format, illegible text, etc.) shall be subject to any compensation from ISM Traduction.
ISM Traduction’s liability is limited to the amount of the invoice corresponding to the service provided by ISM Traduction.
9. Security and Confidentiality
ISM Traduction undertakes to respect absolutely the confidentiality of the documents transmitted. This confidentiality obligation continues after the work carried out for the Client has been completed.
ISM Traduction shall implement appropriate technical and organisational measures, given the nature of the data and the risks that its processing entails, to preserve the security and confidentiality of the Client’s personal data and, in particular, to prevent it from being distorted, damaged or accessed by unauthorised third parties.
These measures may include practices such as limited access to data by personnel of the departments authorised by virtue of their functions, contractual guarantees in case of recourse to an external service provider, privacy impact assessments, regular reviews of our privacy practices and policies and/or physical and/or logistical security measures (secure access, authentication process, encrypted back-up copies, antivirus software, firewalls, etc.).
Studies, quotes and commercial documents submitted or sent by ISM Traduction shall remain the property of ISM Traduction; therefore, they shall not be communicated by the Client to third parties for any reason whatsoever.
10. Personal Data
Any dispute between ISM Interprétariat and the Client relating to the interpretation and enforcement of these T&C is subject to French law.
In the absence of an amicable resolution, the dispute shall be brought before the Commercial Court of Paris (Tribunal de Commerce de Paris), which has exclusive jurisdiction, notwithstanding multiple defendants, warranty claims and emergency proceedings.
Bills of exchange or acceptances of settlement do not constitute a renewal of or exemption from this jurisdictional clause. Pursuant to Article 1330 of the French Civil Code, no act may give rise to a presumption of novation hereunder.