Find answers to your legal questions in the sections below.
The information collected through the contact form is recorded in a computerized file by Eléonore Lovillo, freelance translator. The legal basis of the processing is the consent of the user.
The data marked with an asterisk in the form must be provided. Otherwise, the form cannot be submitted.
The data collected will only be communicated to Eléonore Lovillo and will not be given to third parties under any circumstances. They will be kept for three years.
You can access your data, rectify them, request their cancellation or exercise your right to limit the processing of your data. You can withdraw your consent to the processing of your data at any time.
Visit www.cnil.fr/en/home for more information on your rights.
To exercise these rights or if you have any questions about the processing of your data, you can contact Eléonore Lovillo: email@example.com.
If you feel, after contacting her, that your Data Protection rights are not respected, you can file a complaint with the French Data Protection Authority (CNIL).
Note: the following is a free translation of the original written in French. In the event of litigation, the French original shall be considered binding.
These general terms and conditions for the provision of services set out the rights and obligations of ELEONORE LOVILLO, a freelance translator in the legal form of a sole proprietorship, SIRET 880 257 506 00027 (the “Service Provider”),
on the one hand,
and any individual or legal entity wishing to benefit from its services (the “Customer”),
on the other hand.
- APPLICATION OF THE GENERAL TERMS AND CONDITIONS—ENFORCEABILITY
Any order placed implies the Customer’s full and unreserved acceptance of these general terms and conditions for the provision of services to the exclusion of any other document.
No special terms may, except in the case of a formal and written exception appearing on the order form that has become firm and definitive, take precedence over these general conditions for the provision of services.
The performance of any service by the Service Provider implies the Client’s acceptance of these general terms and conditions, and the waiver of its own general terms and conditions of purchase. Any condition to the contrary shall therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to its attention.
The fact that the Service Provider does not avail itself at any time of any of these general conditions for the provision of services cannot be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
- PLACING ORDERS/QUOTES
Each order from the Client is generally preceded by a free quotation, drawn up by the Service Provider based on the documents to be translated provided or information communicated by the Client.
The quotation sent by the Service Provider to the Client by e-mail shall specify the following:
- The number of pages or words to be translated.
- The language of the translation.
- How the price of the translation service is to be determined. The translation is invoiced either on a flat-rate basis, or on a time-spent basis, or on the basis of the Service Provider’s price list in force on the day the quote is drawn up, in particular per source word (i.e. per word contained in the text to be translated) or per target word (i.e. per word contained in the translated text) according to the breakdown provided by the SDL Trados Studio computer-assisted translation software (or any other mutually agreed tool), per line or per page.
- The deadline for delivery of the translation service.
- The format of the documents to be translated in the event of a specific layout request for the delivered document.
- Any price increases that may be applied, in particular due to urgency, specific terminology research or any other request outside the usual services provided by the Service Provider.
In order to confirm the order firmly and definitively, the Client must return the quotation to the Service Provider without any modification, either signed as “good for agreement,” then scanned and returned by e-mail, or accompanied by an expression of consent by e-mail. If the Service Provider does not receive the acceptance of the quote, the Service Provider reserves the right not to commence work.
If the order is not confirmed in accordance with the terms and conditions set out above within the period indicated on the quotation, the quotation shall be deemed to be null and void.
The Service Provider reserves the right, after having informed the Client, to increase the prices of the services and/or not to respect the delivery date indicated on the Client’s initial order confirmation, in particular in the following cases:
- The modification or addition of documents by the Client after the Service Provider has drawn up the quotation. In this case, the Service Provider reserves the right to adjust the rate according to the volume of additional text to be processed that is observed or requested.
- The absence of documents at the time the quote was drawn up (if the quote had to be drawn up simply by communicating the approximate number of words and an extract of the content to be processed).
In the absence of the Client’s express agreement to these new delivery and/or invoicing conditions, the Service Provider reserves the right not to commence work.
Unless otherwise agreed in the quotation, the costs incurred in the performance of the service (travel, express mail, etc.) shall be borne by the Client.
Any decision to discount, reduce or apply degressive rates, based on a percentage or a flat rate (per page, per line or per hour), remains at the sole discretion of the Service Provider, and only for the service that is the subject thereof. Any discounts or rebates that may be granted to the Client shall in no case give rise to an acquired right for subsequent services.
In the event that the Service Provider has not sent the Client a prior quotation, orders are placed by simple exchange of e-mails and translation services are invoiced in accordance with the basic rate usually applied by the Service Provider or any other rate agreed between the Service Provider and the Client in the exchange of e-mails. Any validation by the Client of the deadline communicated by the Service Provider shall be deemed to be an order.
For the purpose of proving the existence of this acceptance of a quotation, the Client agrees to consider as equivalent to the original and as perfect proof, the electronic mail, the copy and the digital document.
Any order whose amount excluding taxes exceeds 1,000 (one thousand) euros may be subject to a request for a deposit, the percentage of which is specified in the quotation. In this case, the execution of the services will only begin after the down payment has been received.
- DELIVERY TIME
Subject to receipt by the Service Provider of all of the documents to be translated, the delivery time given as an indication and mentioned on the quotation is only applicable if the Client confirms his order as defined in Article 2 above within 3 (three) working days of receipt of the quotation. After this period, the delivery date may be revised according to the Service Provider’s workload.
- SERVICE PROVIDER’S OBLIGATIONS
The Service Provider shall endeavor to produce the translation as faithfully as possible in relation to the original and in accordance with the practices of the profession. He shall make every effort to take into account and integrate into the translation the information provided by the Client (glossaries, plans, drawings, abbreviations, etc.). The Service Provider declines all responsibility in the event of any inconsistency or ambiguity in the original text, the verification of the technical consistency of the final text being the sole responsibility of the Client.
- CLIENT’S OBLIGATIONS
The Client undertakes to provide the Service Provider with all the texts to be translated and any technical information necessary for their understanding and, where applicable, the specific terminology required. If the Client fails to meet their obligation to inform the Service Provider, the Service Provider shall not be held liable for any non-compliance or failure to meet deadlines.
The Client has a period of 10 (ten) working days from receipt of its translated or proofread documents to express in writing any disagreement concerning the quality of the service. After this period, the service is deemed to have been duly executed and no dispute may be admitted. To this end, the client agrees to consider as proof of delivery any acknowledgment of receipt by post or e-mail.
The Service Provider undertakes to respect the confidentiality of information brought to their knowledge before, during or after the performance of their service. Originals are returned to the Client upon written request.
The Service Provider cannot be held liable for any interception or misappropriation of information during the transfer of data, in particular via the Internet. Consequently, it is the Client’s responsibility to inform the Service Provider, prior to or at the time of the order, of the means of transfer that they wish to see implemented in order to guarantee the confidentiality of any sensitive information.
- PROTECTION OF PERSONAL DATA
As part of their services, the Service Provider collects personal data about the Client (name, company name, postal address, telephone number, etc.). This data is used to send the Client, on the one hand, quotes, invoices, and information required for the service and, on the other hand, messages of a promotional nature about the Service Provider’s services.
The data collected is subject to computer processing by the Service Provider and is kept securely for the purpose of providing the service, which is the subject of these general terms and conditions, and pursuant to legal and regulatory obligations.
The person responsible for data processing and protection is Mrs. ELEONORE LOVILLO – 5 rue Adolphe Seyboth, 67000 STRASBOURG – firstname.lastname@example.org. Access to personal data will be strictly limited to her.
The information collected may possibly be communicated to a third party linked to the Service Provider’s company by contract for the performance of subcontracted tasks (hereinafter, “the Subcontractor”). In this case, the Client will have been informed of said activities, as well as the identity and contact details of the Subcontractor.
The Subcontractor is obliged to comply with these general terms and conditions. It is the Service Provider’s responsibility to ensure that the Subcontractor provides the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures to ensure that the processing meets the requirements of the European General Data Protection Regulation. If the Subcontractor does not meet their data protection obligations, the Service Provider shall remain fully liable to the Client for the performance by the other Subcontractor of their obligations.
In the event of a data breach, the Service Provider shall inform the Client as soon as possible and, within 72 hours of becoming aware of it, shall notify the breach to the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority).
The Service Provider declares that they keep a written record of all categories of processing activities carried out on behalf of the Client.
In accordance with Law no. 78-17 of 6 January 1978 relating to data processing, data files and individual liberties, as amended by Law no. 2004-801 of 6 August 2004, and by European Regulation no. 2016/679/EU, the Client has the right to access, rectify, erase, and make available data concerning them, as well as the right to object to the processing for legitimate reasons, rights which they may exercise by contacting the data controller at the postal or e-mail address mentioned above, enclosing valid proof of their identity.
For more information and in the event of a complaint, the Customer may contact the Commission Nationale de l’Informatique et des Libertés (www.cnil.fr).
Customer data is kept for three years plus the current year. If at the end of this period no business relationship is registered, the data will be automatically deleted from the Service Provider’s servers.
The translation is delivered by e-mail in Word format. On request, it can be delivered in hard copy by post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.
The Service Provider’s liability is limited solely to the amount of the invoice concerned.
In no event shall the Service Provider be liable for claims based on stylistic nuances.
It is specified that delivery times are only given as an indication, their non-observance cannot, in principle, lead to penalties for delay. In any event, the Service Provider shall not be held liable for any direct or indirect damage caused to the Customer or third parties due to a delay in delivery caused by force majeure, or by a possible delivery problem.
- CORRECTIONS AND PROOFREADING
In the event of disagreement on certain points of the service, the Service Provider reserves the right to correct this in cooperation with the Client.
If the translation is to be edited, the Service Provider shall receive the final page proof for proofreading.
Unless otherwise agreed in writing, any correction or proofreading shall be subject to an additional charge based on the applicable hourly rate.
- TERMS OF PAYMENT
Unless special conditions are specified on the quotation, invoices are net, without discount and are payable 30 (thirty) days net from the date of issue of the invoice.
In the event of payment by bank transfer from abroad, all exchange and bank charges shall give rise either to a flat-rate surcharge specified on the quotation, or to a full re-invoicing to the Client.
The translation remains the property of the translator until full payment is received.
For professional clients only, it should be specified that in the event of late payment, orders in progress are automatically interrupted until full payment is received and the Client is liable, without prior formal notice being required, in accordance with Article L.441-6 of the French Commercial Code, for late payment interest calculated at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 (ten) percentage points, applied to the amount of the invoice in question, as well as a flat-rate compensation for collection costs of 40 (forty) euros.
- INTELLECTUAL PROPERTY
Before submitting a document for translation to the Service Provider, the Client must ensure that they have the right to do so. They must therefore be the author of the original document or have obtained prior written permission for translation from the copyright holder of the document.
Failing this, the Service Provider cannot be held liable in any way if all or part of the documents entrusted by the Client infringes the intellectual property right or any other right of a third party or any applicable regulation. In such a case, the Client shall be solely liable for any damages and financial consequences arising from their sole negligence.
Furthermore, the Client acknowledges that the translation produced by the Service Provider constitutes a new document whose copyright is jointly owned by the author of the original document and the Service Provider. Consequently, in the case of services of a literary or artistic nature, and without prejudice to their economic rights over their work, the Service Provider reserves the right to require that their name be mentioned on any copy or publication of their service, in accordance with Article L.132-11 of the French Intellectual Property Code.
In the event of cancellation of an order in progress, for whatever reason, notified in writing to the Service Provider, the Client shall be invoiced for 100% (one hundred percent) of the work already carried out and 50% (fifty percent) of the work remaining to be carried out.
- AMICABLE SETTLEMENT
The parties undertake, in the event of a dispute of any nature whatsoever and before any legal action, to submit to an attempt at conciliation.
To this end, as of the occurrence of the disputed fact, the parties undertake to jointly refer the matter to the SFT Arbitration Committee by registered letter with return receipt and send a copy by registered letter with return receipt to the other party.
The parties undertake to do their utmost to ensure that this conciliation has every chance of succeeding. They undertake to show all necessary good faith. They further undertake not to refer the matter to a judge during the 4 (four) months following the referral to the Committee and acknowledge that any referral made in contradiction with this obligation may be considered as a refusal to accept or, failing this, as an obstacle to any amicable settlement of the dispute and justifies the payment of compensation of 1,500 (one thousand five hundred) euros to the other party.
- APPLICABLE LAW—COMPETENT JURISDICTION
The present general conditions are subject to French law and must be interpreted in accordance with it. In the absence of an amicable settlement in accordance with Article 16 above, the parties hereby grant exclusive jurisdiction to the French courts to settle any dispute relating to the provision of services and these general terms and conditions.
This website is the property of Eléonore Lovillo, self-employed freelance translator.
Address: 10 rue Michel Baltzer, 67100 STRASBOURG, FRANCE
Phone: +33 (0) 6 59 57 62 34
SIRET: 880 257 506 00027
APE code: 7430Z
Intra-community VAT number: FR 07 880257506
Web development: Eléonore Lovillo
Publication director: Eléonore Lovillo
Host: o2switch – 222 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, FRANCE
Image credits: FlatIcon, Pixabay
Extended legal notices on use of the present website (in French).