Interpreting T&Cs (General Terms and Conditions)
Article 1: object
These general terms and conditions constitute the entire agreement between ATENAO and the customer in view of the object under consideration. These general terms and conditions can only be amended or modified by a written document signed by both parties, and cannot be modified or supplemented by the terms and conditions of purchase orders issued by the customer. All services ordered from ATENAO (by fax, e-mail or post) entail unconditional acceptance of the following general terms and conditions.
Article 2: order
A preliminary quote is systematically provided for any interpreting request. The quote is based on the information provided by the customer. It is sent by fax, post or e-mail to the customer, stating the price and terms of payment. Each assignment order must be accompanied by a firm order from the customer in the form of a purchase order or a quote from ATENAO, signed, dated and stamped (including the name, postal address and telephone number of the company), failing which ATENAO reserves the right to not provide the service. The price stated in the quote is guaranteed, subject to the order being received before the quote validation deadline. If this deadline is not met, prices may be increased according to the costs incurred by having to make emergency arrangements. Any request for changes to the service ordered will be the subject of a new agreement. Any request for changes to the service must be specified in writing by the customer. An additional invoice will be issued for any change to an order that is likely to entail a change to the service.
Article 3: conditions of cancellation
Any request to cancel or postpone a service for which a quote has been accepted must be sent by fax, post or e-mail, dated and signed, to ATENAO. In this case, ATENAO will be entitled to issue an invoice according to the following conditions: – Assignments cancelled between 60 and 30 days before they are due to start will be invoiced at 50% of the total amount.
Assignments cancelled between 30 and 15 days before they are due to start will be invoiced at 75% of the total amount.
Assignments cancelled later than 15 days before they are due to start will be invoiced at 100% of the total amount.
Article 4: limitation of the interpreter’s role
The interpreter’s assignment does not include the written translation of texts and is limited to interpreting the proceedings, to the exclusion of any event not specifically provided for in the contract. Individuals who do not belong to the interpreting team cannot act as interpreters in order to complete the said team, nor can they use the interpreting equipment without the prior permission of the Atenao agency.
Article 5: image rights
The service provided by the interpreter is intended exclusively for direct and immediate hearing: no recording can be made without the consent of the Atenao agency.
Article 6: documentation
The customer undertakes to provide all the documentation needed to prepare for the assignment. This documentation will be accompanied by any information deemed relevant by the customer. When specific terminology must be used, the customer undertakes to provide glossaries, lexicons and/or reference texts. The customer also undertakes to answer the questions asked by ATENAO. If, during the assignment, a text has to be read, the organiser will forward a copy to the interpreters in advance. If films are to be screened, the soundtrack will only be interpreted if the sound is transmitted directly to the interpreter’s headphones, if the script has been delivered to them in advance, and if the commentary is running at a normal speed. If the documentation is not provided within the deadline stated in the quote, ATENAO will issue an invoice for the express postage or courier costs incurred in sending these documents to the interpreters. If the order is placed too late to arrange the requested services, or if the documentation provided is insufficient, ATENAO reserves the right to refuse the contract and charge any administration fees applicable.
Article 7: equipment
The ISO 2603 and 4043 standards define the characteristics of simultaneous interpreting booths and equipment. If these standards are not met and the interpreter is unable to work satisfactorily, the interpreter is relieved of the obligation to work simultaneously. Damaged or unreturned equipment will be invoiced at the rate stated in the quote.
Article 8: price and payment
ATENAO’s prices are shown in euros, or in another currency, excluding taxes, with VAT added according to the rules in force; the counting unit for an interpreting service is the day.
For any service with a total price exceeding €5,000 excl. taxes, the customer will be asked to pay a deposit of 30% of the amount including taxes. For new customers, the first order exceeding € 3,000 including taxes will be accompanied by a request for a deposit of 30% of the price including taxes. ATENAO reserves the right, in certain cases, to demand payment of the full amount at the time of ordering.
Unless otherwise agreed, invoices are drawn up net, without discount, and are payable within one calendar month following receipt of the invoice. Any late payment will automatically entail the application of late payment penalties, calculated at a rate of one-and-a-half times the legal interest rate in force.
Any delay or failure to pay will result in all amounts owed by the customer, for whatever reason, becoming immediately payable without prior notice or other formality. In all cases, the customer will have to pay back the cost of litigation to recover the sums due. If the customer’s non-payment necessitates amicable or legally enforced debt recovery, the customer undertakes to pay, in addition to the principal, legal fees and costs, emoluments and related expenses ordinarily and legally borne by him or her, compensation set at 15% of the debt amount including taxes, as contractual, lump-sum compensation for damages.
Application of VAT: French VAT at 20% applies to all services sold in France by companies liable for VAT. Non-liable French companies or institutions must provide ATENAO with proof of exemption from VAT. If proof is not provided, VAT will be applied.
Article 9: complaints
Complaints will be taken into consideration only if made by e-mail, fax or post no later than 10 calendar days after provision of the service. No complaints will be considered after this period.
Any dispute must be justified and detailed. ATENAO’s liability is limited to the corresponding invoice amount.
In case of dispute over the interpretation or execution of one of the provisions of these terms and conditions, the Commercial Court of Aix-en-Provence (13) will have sole jurisdiction, notwithstanding the possibility of multiple defendants or third-party appeals; this article is not applicable to non-business customers along with any other aforementioned terms and conditions which may prove to be contrary to the French Consumer Code.
Only agreements made in writing between the parties will be taken into consideration.
Article 10: delivery delays
ATENAO cannot be held liable for delays in delivery by fax, e-mail and other postal or terrestrial means, or in cases of force majeure (natural disasters, transport disruptions, disruptions to our network or servers, other disruptions to our communication lines and data transmission, or any obstacles outwith our responsibility).
Article 11: confidentiality
ATENAO undertakes to maintain the confidentiality of the documents transmitted and the information obtained in the course of an interpreting assignment; it will ensure that the appointed interpreters maintain the same level of confidentiality. ATENAO cannot be held liable under this article in the case of data transfer over the internet. Where applicable, a detailed confidentiality clause may be signed between ATENAO and its customer.
Studies, quotes and documents submitted or sent by ATENAO remain the property of ATENAO; therefore they cannot be forwarded to third parties for any reason whatsoever by the customer.
Article 12: storage of documents
ATENAO undertakes to store the documents provided to it for the purposes of the service for a period of 120 clear days. Beyond that time, ATENAO cannot be held liable for any failure to store the documents provided.
ATENAO accepts no liability for any loss of or damage to documents entrusted to it, due to force majeure events, or loss during delivery by fax, e-mail, traditional post and other postal or terrestrial means.
Article 13: nullity of a clause
If one of the clauses in these terms and conditions is considered by the legislation in force as illegal, invalid or not applicable, the parties accept that the validity and enforceability of the other clauses in these terms and conditions are not affected and that these remain in force.
Article 14: Loyalty principle
The interpreters used by the Atenao agency for the assignments entrusted to it are carefully selected and constantly assessed, and the agency has invested in recruiting them. Out of respect for the Atenao agency, the customer undertakes not to contact the interpreter(s) directly, and not to consult he/she/them for any subsequent assignments not handled by the Atenao agency. The customer will always contact a project manager at the Atenao agency.
Article 15: Related expenses
When not explicitly covered by the customer, travel, accommodation and food expenses are indicated in the quote and invoiced. Interpreters are not allowed to accept invitations from the customer and under no circumstances may the travel, accommodation and food expenses covered by the customer be deducted from the invoice amount.
Article 16: disputes
In the event of a dispute over the interpretation or execution of a provision of these terms and conditions, the Commercial Court of Aix-en-Provence (13) will have sole jurisdiction, notwithstanding the possibility of multiple defendants or third-party appeals; neither this article nor any other aforementioned terms and conditions which may prove to be contrary to the French Consumer Code are applicable to non-business customers.
Only agreements made in writing between the parties will be taken into consideration. In the event of non-payment, any representation or reproduction, in whole or in part, of the delivered documents is unlawful. ATENAO reserves the right to take legal action without delay and to claim compensation on the basis of copyright.