Close-up Translations

Article I. Application of the Terms of Sale

All orders placed imply the Client’s full acceptance of the Terms of Sale to the exclusion of any other document, without any reservation. No special terms may take precedence over these Terms of sale unless they are stated in writing on the Purchase Order in its final and binding form.

Article II. Orders/Quotes

Before the Client places any order, Alexandra Salmon-Lefranc will issue a price quotation, free of charge, on the basis of the documents to be translated or information provided by the Client. The quotation Alexandra Salmon-Lefranc sends to the Client by regular mail, Email or fax will specify:

• The number of words or pages to be translated;
• The source language and the target language (the latter being the language the documents are to be translated into);
• The way in which price for the translation was calculated;
• The date the translation is to be delivered;
• The format of the translated documents where a specific layout has been requested;
• Any special rates applied because of urgency or specific research or other service that goes beyond those usually provided by Alexandra Salmon-Lefranc.

To confirm an order, the Client is to sign acceptance in writing on the quotation received by regular mail or fax, sign the same and return it otherwise un-amended to Alexandra Salmon-Lefranc by regular mail or fax. If the Client receives the quotation by Email, the Client may confirm the order by return Email clearly expressing acceptance. If Alexandra Salmon-Lefranc does not receive confirmation of the order, she reserves the right not to commence work on the translation concerned.

If confirmation of the order is not received within one (1) month of the date the quotation is sent by the means referred to above, the quotation will lapse.

Alexandra Salmon-Lefranc reserves the right, after informing the Client, to charge an additional fee and/or not to comply with the delivery date on the Client’s initial order in any of the following cases:

• Modification of documents or the addition of documents by the Client after the initial quotation was drawn up by Alexandra Salmon-Lefranc, in which case Alexandra Salmon-Lefranc reserves the right to adjust the amount charged in proportion to the additional volume of work observed or requested;
• The absence of documents at the time the quotation was drawn up;
• An initial quotation based solely 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 date and/or charges, Alexandra Salmon-Lefranc reserves the right not to commence work.

Unless otherwise provided in the quotation, expenses incurred in connection with the provision of services (travel, courier or postal charges, etc.) are to borne by the Client.

Any decision to offer a discount, reduction or declining rate, whether expressed as a percentage or an amount (per page, line or hour) is at the sole discretion of Alexandra Salmon-Lefranc and only for the service to which they immediately apply. Any such discounts or rebates do not give rise to any rights that the Client might assert in respect of any future services.

If no quotation has been sent to the Client before the commencement of work, charges for translation services will be calculated at the rate usually applied by Alexandra Salmon-Lefranc.

Article III. Deposit

A deposit may be required for any order exceeding 1 000 euros, in which case work will not begin until the deposit is credited, in full, to Alexandra Salmon-Lefranc’s account.

Article IV. Delivery

Any delivery date or dates agreed between Alexandra Salmon-Lefranc and the Client are not binding until Alexandra Salmon-Lefranc has received all the documents to be translated and subject to the condition that Client confirms his/her order as specified in paragraph 2 above within two (2) business days from the date the quotation is received. When the three days have elapsed, Alexandra Salmon-Lefranc may change the delivery date to allow for workload constraints.

Article V. Alexandra Salmon-Lefranc’ obligations

Alexandra Salmon-Lefranc undertakes to provide a translation that is as faithful as possible to the original and that complies with professional standards. She will do what is necessary to take into account and include in the translation information provided by the Client (glossaries, drawings, diagrams, abbreviations, etc). Alexandra Salmon-Lefranc may not be held responsible for any inconsistencies or ambiguities in the source texts, the verification of the final text’s technical adequacy being the Client’s sole responsibility.

Article VI. Client’s obligations

The client undertakes to provide Alexandra Salmon-Lefranc with all the texts to be translated, together with all the technical information required for their understanding and, where applicable, the specific terminology required. If the Client fails to properly inform Alexandra Salmon-Lefranc, Alexandra Salmon-Lefranc may not be held responsible if the translation does not comply with the Client’s standards or if delivery is late.

The Client should inform Alexandra Salmon-Lefranc in writing of any disagreement concerning the quality of the translation within ten (10) business days from the date the translated documents are received. Once this period has elapsed, the service will be considered duly completed and no further contestation or claims will be allowable. The Client agrees to consider postal, fax or Email receipts as evidence of delivery.

Article VII. Confidentiality

Alexandra Salmon-Lefranc undertakes to preserve the confidentiality of information of which she is apprized before, during, and after the provision of service. Original documents will be returned to the Client on request.

Alexandra Salmon-Lefranc may not be held responsible in the event that information is intercepted or used by a third party during data transfer, particularly in the case of transmission by Internet. Before the provision of services or at the time the order is placed, the Client has thus to inform Alexandra Salmon-Lefranc of the means of transmission to be used to ensure the confidentiality of sensitive information.

Article VIII. Liability

Translations are performed by Alexandra Salmon-Lefranc in the context of an obligation of means.

Alexandra Salmon-Lefranc may in no case incur any liability in respect of claims related to nuances of style.

Alexandra Salmon-Lefranc may in no case be held liable for any loss or damage suffered by the Client or a third party as a direct or indirect consequence of late delivery, as may occur in particular cases of force majeure or disruption of electronic mail connections or postal services.

Article IX. Corrections and proofreading

In the event of disagreement over certain aspects of the translation, Alexandra Salmon-Lefranc undertakes to make related corrections in cooperation with the Client, since it is agreed that this may under no circumstances be invoked to challenge the work as a whole, Alexandra Salmon-Lefranc undertaking to make the corrections as soon as possible.

Article X. Payment

Unless otherwise stipulated, invoices have to be paid net and without discount within 30 days of invoice receipt.

In the event of late payment, works on orders in progress may be interrupted as a matter of right until full
payment is received and the Client will be liable, without formal demand, for penalties on the full amount outstanding, this being equal to the most recent European Central Bank’s main refinancing rate plus 7 percentage points, pursuant to European Directive 2000/35 EC of 29 June 2000.

Translations remain the property of Alexandra Salmon-Lefranc until payment is received in full.

Article XI. Copyright

Before undertaking to have a document translated the Client must have obtained an assurance that this does not infringe the rights of any third parties. Thus, the Client must be the author of the original document or have obtained prior written permission to have the document translated from any person holding copyright.

If the Client fails to comply with this requirement, Alexandra Salmon-Lefranc may under no circumstances be held responsible or in any way liable if all or a portion of the documents to be translated infringe the intellectual property rights or any rights of a third party, or violate any applicable law or regulation. In such case, the Client alone will be liable for any compensation due and the financial consequences of his own negligence.

The Client further acknowledges that the translation is a new document and that the related rights of authorship are held jointly by the author of the original document and Alexandra Salmon-Lefranc. Consequently, if a translation is of a literary or artistic nature, Alexandra Salmon-Lefranc has the right to require, as provided under France’s Intellectual Property Code (paragraph L. 132-11), that her name be shown on any copies or publications of the translation, this being without prejudice to Alexandra Salmon-Lefranc’s economic rights.

Article XII. Cancellation

In the event that the Client gives Alexandra Salmon-Lefranc written notice of the cancellation, for whatever reason, of an order on which work has already begun, the Client is to pay Alexandra Salmon-Lefranc the full amount (100 percent) for the portion completed and 50 percent for that not completed.

Article XIII. Disputes

In the event of a dispute as to the application of the Terms of Sale or as to a translation performed by Alexandra Salmon-Lefranc, only the British Courts shall have jurisdiction.