Translation services T&Cs (General Terms and Conditions)
Artcle 1 : Object
The present terms and conditions comprise the entire agreement between ATENAO and the client with regard to the object in question. They can only be amended or modified by a written document signed by both parties, and can only be modified or supplemented by the terms and conditions of the purchase orders issued by the client. Any order for services placed with Atenao by fax, email or post will be considered as full acceptance of the following terms and conditions.
Article 2: Orders
Any translation request will systematically be subject to a preliminary estimate. The estimate will be established on the basis of the documents supplied by the client. It will be sent by fax, email, or post to the client with details of the price and terms of payment. Each translation request must be accompanied by a firm order from the client in the form of a purchase order, or an Atenao estimate signed, dated, and stamped including the client’s name, invoicing address, and telephone number. In the absence of the above, Atenao reserves the right to not start the work. The client agrees to supply the text to be translated in typed or printed form. Technical texts will be accompanied, for all practical purposes, by reference documents supplied by the client. Translated technical terms will be standardised according to definitions included in technical dictionaries or, where possible, in glossaries supplied by the client.
In the event of difficulties understanding the text in its form or substance, the client agrees to provide all elements enabling Atenao to carry out the translation. Any request to amend the text to be translated must be sent by the client in detail and in writing. Any order amendment leading to a change in the services provided will result in the issuance of an additional invoice, and the deadline will be deferred according to the nature of the amendment.
Article 3: Cancellation Policy
Any cancellation or postponement request after acceptance of the estimate shall be sent by fax, email, or post, signed and dated to Atenao. In this case, Atenao reserves the right to charge the client up to 30% of the total accepted estimate on top of the charge for the words already translated before Atenao’s receipt of the cancellation request. Atenao agrees to send the client the work produced and invoiced prior to the cancellation.
Article 4: Documentation
The client agrees to provide all documents necessary for the preparation of the translation assignment. These documents will be accompanied by any further information the client considers relevant. If a specific terminology must be observed, the client agrees to provide glossaries, vocabularies and/or reference texts. The client also agrees to respond to questions from Atenao.
Article 5: Delivery time
Delivery times specified in the estimate are based on the definitive receipt of the order request and the documents to be translated; these deadlines are indicative only. Any accepted estimate sent after 5 p.m. GMT+1 to Atenao will be considered as received the following day. If this day is a non-working day, the date taken into account will be that of the next working day. In the event of difficulties understanding the text, the delivery time will be extended for a period equal to the time spent on research.
Article 6: Prices and payment
Atenao prices are given in euros or other currencies, and exclude tax. VAT will be added in accordance with the current regulations. Translation service prices are calculated according to their word count.
For any service totalling over €3,000, excluding tax, the client will be requested to pay an advance of 30% of the total amount of the order, including tax. Atenao reserves the right, in certain cases, to require full payment when the order is placed.
Unless otherwise agreed, invoices are net, without discount, and payable within 1 calendar month of acceptance of the work. Any delay in payment will lead to automatic penalties for late payment calculated at the rate of one and a half times the legal rate of interest. Atenao reserves the right to suspend work in progress in case of late payment.
Any delay or default in payment will consequently require that all sums due by the client for any reason whatsoever are to be paid immediately, without any prior formal notice. In all circumstances, the client will reimburse costs incurred for the recovery of disputed sums due.
If the client’s default leads to a judicial or amicable recovery procedure, the client agrees to pay, in addition to the principal amount, the costs, fees and incidentals typically and legally incumbent upon him, and an indemnity of 15% of the principal amount including tax for contractual and compensatory damages.
Application of VAT: French VAT at 20% applies to all services sold in France to companies subject to VAT. French companies or institutions that are not subject to VAT must supply Atenao with a document certifying their VAT exemption. If this document is not provided, VAT will be applied.
Article 7: Claims and disputes
Claims will only be taken into consideration if they are notified by email, fax or post at the latest 30 calendar days after delivery of work. No claims will be accepted after this period. For translations, claims may only concern the demonstration of an error made in the translation of the supplied text. Atenao may under no circumstances be held morally or materially liable for claims relating to style nuances.
Any claim must be justified and detailed, making note of parts considered poorly translated. In the event a client is dissatisfied, i.e. a claim is made within the established delay, Atenao agrees to deliver a new version of the contested translation at its own cost and within a short time. Final judgement of the document’s quality will be made according to the latter translation.
Errors in one part of the translation shall under no circumstance call into question the whole work. Atenao reserves the right to make corrections. Atenao’s liability will be limited to the amount of the corresponding invoice, even in the event of loss or destruction of documents supplied. Atenao shall remain the owner of the translated text until full payment is complete.
Article 8: Delivery delays
Atenao will not be held liable for delays in forwarding work by fax, email or other means of postage, or in cases of force majeure, e.g. natural disasters, transport disruptions, malfunctions in our network, servers or data transmission, or any interruption that is outside our responsibility.
Article 9: Confidentiality
Atenao agrees to respect the confidentiality of the documents supplied. Atenao will not be held responsible under this Article in the event of data being transferred over the Internet. If necessary, a detailed confidentiality clause can be signed between Atenao and the client.
Appraisals, estimates, and other business documents that are submitted or sent by Atenao remain the property of Atenao. They therefore may not be communicated to third parties by the client for any reason.
Article 10: Archiving of documents
Atenao agrees to retain submitted documents for the requirements of the translation service for a period of 120 calendar days, after which Atenao will not be held liable if supplied documents are not retained.
Atenao declines all responsibility in the event of loss or damage of documents entrusted to it as a result of force majeure or loss if they were sent by fax, email, traditional post or other means of postage or courier.
Article 11: Invalidity of a clause
If one of the clauses of these terms and conditions is considered by the legislation in force as illegal, invalid or inapplicable, the parties accept that the validity and enforceability of the other clauses in these terms and conditions will not be affected and that they will remain in place.
Article 12: Loyalty Policy
The translators provided for projects assigned to Atenao are subject to a rigorous selection and on- going assessment process; their recruitment represents an investment on the part of the agency. Out of respect for Atenao, the client agrees not to directly contact the translator(s) or to consult them for future projects not processed through Atenao. The client will always contact one of Atenao’s project managers.
Article 13: Disputes
In the event of disputes concerning the interpretation or the application of any of these terms and conditions, the Commercial Court of Aix-en-Provence (France) will have sole jurisdiction notwithstanding the introduction of third parties. The present article or other aforementioned terms and conditions that are contrary to the Consumer Code are not applicable to non-commercial clients.
Only contracts signed between parties in writing will be considered. In the event of non-payment, any usage or reproduction of supplied documents, partial or complete, is prohibited. Atenao reserves the right to prosecute immediately and demand compensation due to copyright infringement.