General Standard Terms and Conditions of Sale
of the company DS PARIS Conseils & Traductions
A. AREA OF APPLICATION
In this document the term “customer” applies to any physical or legal person or any other document linked to the services of DS PARIS CONSEILS ET TRADUCTIONS.
DS PARIS CONSEILS ET TRADUCTIONS is referred to in this document as DS PARIS.
The general standard terms and conditions mentioned in the following correspond to the services provided by the company DS PARIS for its customers such as translation, rereading, revision, correction and formatting of documents; the same applies for liaison interpreting, assistance/support and advice.
The general standard terms and conditions are applicable regardless of the place of performance, their form or their content. In calling on the services of DS PARIS, the customer attests to accepting the general standard terms and conditions.
For the advisory or translation services it is possible to request a quotation stating the total price of the service, the delivery date and the terms of payment.
The preparation of a quotation is based on the document(s) to be translated provided by the customer and the possible specificities indicated by the customer. Where applicable, translation aid software tools are used to evaluate the translation volume and the repetitiveness.
DS PARIS can only prepare a translation quotation on the basis of the documents to be translated. If the documents are not available at the moment of the request, DS PARIS shall specify a rate for information only, subject to change from the point when the documents to be translated are received.
The customer acknowledges his consent by post or by e-mail. Acknowledgment implies the acceptance of these general standard terms and conditions of sale.
Any order must be made in writing to DS PARIS. Quotations are valid for one month from the date of their creation.
C. CANCELLATION OF ORDER
In the event that the customer requests cancellation of the order, the total sum of the work carried out shall be invoiced by DS PARIS. The work remaining to be carried out shall be invoiced at 50%. The company DS PARIS undertakes in this case to send the customer any complete or partial invoiced service carried out prior to cancellation.
D. ALTERATION OF ORDER
Any alteration of the order must be made in writing, formally accepted by DS PARIS, and may be subject to supplementary invoicing.
E. DELIVERY TIME
The delivery time for services rendered by DS PARIS shall be clearly stated in the quotation, which shall also specify the latest date for accepting the quotation which is conditioned by the first date.
In the event that the customer returns the quotation after the latest date for accepting the quotation, the delivery date shall be formally adjusted by DS PARIS.
The company DS PARIS CONSEILS & TRADUCTIONS shall not be held liable for delays in delivery resulting from postal deliveries or any case of force majeure (natural disasters, strikes or obstacles not falling within our responsibility). An acknowledgment of receipt of the order shall be sent to the customer by DS PARIS, usually by e-mail.
Prices and quotations of the company DS PARIS are given in EUROS, except in particular specific cases, “exclusive of taxes”. The translation rates vary depending on the difficulty, repetitions and handling, the rates for advisory services depend on the customer’s specific request.
The rate established for the quotation is fixed, except in the event of alteration of the quotation by the customer, underestimation of the work to be carried out or failure to submit documents at the time of the service being requested. In these circumstances DS PARIS CONSEILS & TRADUCTIONS reserves the right to amend the stated rate.
In the event that the travel expenses are not explicitly included in the price stated in the quotation, the customer shall undertake to pay back the travel expenses to DS PARIS or its representatives, on presentation of proof and within the framework of the service request.
G. PAYMENT TERMS
Invoices and orders are payable within 30 days, without discount, of the invoice date. The customer can also pay cash, without discount. DS PARIS reserves the right to demand an advance payment of 50% for any order in excess of 1,000 euros. In this case, the date of the handover of the services shall take into account the receipt of the quotation and the advance payment.
All payments shall be made by credit transfer to the business account or by cheque payable to DS PARIS CONSEILS ET TRADUCTIONS. The account details are set out on the invoice.
Transfer to the order of DS PARIS Conseils & Traductions
CIC AGENCE de MELUN GARE France 1 PLACE GALLIENI 77000 MELUN IBAN: FR76 3008 7338 5300 0202 8270 136 BIC code: CMCIFRPP
In the event of a delay in payment in excess of 30 days, a reminder shall be issued by DS PARIS, in compliance with Article L441-6 of the Commercial Code and an indemnity calculated on the basis of three times the current legal interest rate as well as a fixed charge to cover debt collection costs of 40 euros shall be payable.
In the event of non-payment, the company DS PARIS reserves the right to take the necessary legal action after having exercised a formal demand. The costs arising from legal proceedings shall be charged to the customer (lawyer, bailiff…).
Any service that has not been paid for shall be suspended by DS PARIS pending payment.
In the event of failure to meet a due date of payment, the subsequent payments shall necessarily be due immediately.
The company DS PARIS reserves the right start legal proceedings against any person that reproduces in whole or in part documents that have been delivered in the event of non-payment. The company DS PARIS shall be entitled to demand compensation with regard to copyright.
The company DS PARIS undertakes to supply the customer with high-quality translations and to put in place the necessary means to handle a service in a manner controlled by a systematic rereading provided for in its quality process.
If the customer were to dispute a translation, the complaint may only be communicated in writing stating the noticed error and the desired correction.
For a translation error, disputes regarding errors of style or interpretation are excluded. It is only possible to dispute a serious translation error in the document. The company DS PARIS shall not in any circumstances be liable for complaints motivated by distinct terminology choices or by finer points of style.
The customer has 5 working days after receiving the service to register a possible disagreement regarding the final rendering of the service. Once this period of 5 days has expired, the service shall be deemed to be duly performed, accepted as such and consequently invoiced.
The performance of the services of the company DS PARIS is effected within the framework of best endeavour.
The company DS PARIS undertakes, after an admissible dispute, to make every effort to propose to the customer at the earliest opportunity a correction of the document. In the event of admissible objection, a possible discount or reduction shall be given to the customer on the next service.
The fact of noticing specific inaccuracies does not in any circumstances place in question the whole of the service. The inaccuracies shall not release the customer from his obligation to pay the invoice in full.
J. LIABILITY AND RESPONSIBILITY OF DS PARIS CONSEILS ET TRADUCTIONS
The company DS PARIS has at its disposal an antivirus program updated on a regular basis and refuses any liability in the event of damage caused by viruses. In the event of errors, even those rendering the document unusable, the liability of the company DS PARIS is limited to the invoice amount. DS PARIS refuses all liability for loss, theft or damage to the entrusted services following an event of force majeure. DS PARIS undertakes to archive the documents submitted by its customer for the performance of a service for a period of 3 months. When this period has elapsed, the company DS PARIS shall be released from its responsibility for keeping submitted texts.
All the services are performed in strict confidence. The company DS PARIS undertakes never to communicate information relating to documents sent by its customer within the framework of performing services. The obligation to maintain confidentiality on the part of DS PARIS is applicable later to services performed for the customer. Confidentiality likewise applies to the service providers of DS PARIS.
The liability of DS PARIS and its service providers shall not extend to disclosures of documents by electronic means or on the internet. By accepting these terms and conditions, the customer declares that information appearing on the internet may be the target of misappropriation and abandons the idea of invoking the responsibility of DS PARIS with regard to the communication of data linked to exchanges on the internet.
The company DS PARIS is the sole owner of the documents delivered to customer, regardless of whether it be a study, a quotation, an invoice or any other document. No document may be disclosed to third parties, whatever the reason.
Unless notice to the contrary is given, the company DS PARIS reserves the right to mention the name of the customer’s business, the brand name or the reproduced logo in commercial documents of all types for publicity purposes.
L. OBLIGATIONS OF THE CUSTOMER
The customer undertakes to submit within the applicable timeframe all the documents necessary to perform the service well together with all the texts to be processed. The liability of DS PARIS cannot be invoked in the event of non-conformity of the documents or in the event of any breach by the customer of his obligations.
The customer undertakes neither to employ nor to take the decision to employ service providers of the company DS PARIS for the duration of this agreement and the following year. The customer likewise undertakes not to encourage, directly or indirectly, the cancellation of the relationship between service providers and the company DS PARIS.
M. NULLITY OF A CLAUSE
Should one of these clauses be deemed to be void or illegal, the parties acknowledge that the validity and enforceability of the remaining clauses shall remain in force.
N. APPLICABLE LAW
The services delivered by DS PARIS are executed in the French language. In the event of disagreement between the parties, this language alone shall be binding.
Disagreements and lawsuits between DS PARIS and its customer come under the jurisdiction of the COMMERCIAL COURT OF MELUN (TRIBUNAL DE COMMERCE DE MELUN).
The customer accepts and declares to having read the general terms and conditions of DS PARIS, and abandons the idea of taking advantage of any other document, in particular general terms and conditions of purchase that will be non-invocable to DS PARIS.