General Terms and Conditions of Service Provision
Translation work
Please note: the following terms and conditions have been translated literally (word for word) for information purposes only. In the event of any and all disputes only the French version is legally binding under French law
​
These general conditions of service provision state the rights and obligations of Libby GEISLER, autoentrepreneur, SIRET 525 330 403 00029 (the "Service Provider"),
on the one hand,
and any natural or legal person wishing to benefit from her services (the “Client”),
on the other hand.
1. Enforcement of the general conditions – Opposability
All orders placed imply the Client's full and unreserved acceptance of these general terms and conditions of service provision to the exclusion of any other document.
No special terms will take precedence over these general terms and conditions of service provision unless expressly stated in writing on the final and bonding purchase order.
The execution of any service by the Service Provider implies the Client's acceptance of these general conditions and the waiver of his/her own general conditions of purchase. Any contrary condition will therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to his/her attention.
The fact that the Service Provider does not prevail at any time of any of these general conditions of service provision, cannot be interpreted as a waiver of the right to prevail of any of the said conditions at a later date.
2. Placing of orders / quotes
Each Client order is generally preceded by a free quote, drawn up by the Service Provider, on the basis of the documents provided or information communicated by the Client.
The quote sent by the Service Provider to the Client, by post, fax or e-mail, specifies in particular:
-
The number of pages or words submitted for translation;
-
The translation language;
-
The methods for determining the price of the translation service. The latter is invoiced either on a flat-rate basis, or on a time-spent basis, or on the basis of the service provider's rate in force on the day the quote is drawn up, in particular by the number of source words (i.e. by words contained in the text to be translated) or by the number of target words (i.e. by words contained in the translated text) according to the count made by the Microsoft Word software (or any other mutually agreed tool), line or page;
-
The delivery time of the translation service;
-
The format of the documents to be translated in the event of a request for a specific layout of the delivered document;
-
Any additional fees applied in particular due to urgency, specific terminological research or any other request outside the usual services provided by the Service Provider.
To confirm his/her order firmly and definitively, the Client must return the quote to the Service Provider without any modification, either by post or fax signed with the mention "bon pour accord" when the quote has been sent to him by fax or by post, or by e-mail with the expression of his/her consent when the quote has been sent by e-mail. If the Service Provider does not receive confirmation of the order, the Service Provider reserves the right to not commence work on the translation.
If order confirmation is not received as defined above within a period of 3 (three) months from the date the quote is sent, the latter is deemed to have expired.
The Service Provider reserves the right, after having informed the Client, to increase the service prices and/or not to respect the delivery date appearing on the Client's initial order confirmation, and this, in particular in the following cases:
-
The modification or addition of documents by the Client after the establishment of the quote by the Service Provider. In this case, the Service Provider reserves the right to adjust the price according to the volume of additional observed or requested text to be processed;
-
The absence of documents when the quote was drawn up (if the quote had to be made on simple communication of the approximate number of words and an extract of the content to be processed).
In the absence of the Client's express agreement of these new delivery and/or invoicing conditions, the Service Provider reserves the right to not commence the translation.
Unless otherwise agreed on the quote, the costs incurred for the performance of the service (travel, sending express mail, etc.) are the responsibility of the Client.
Any decision to discount, reduce or apply decreasing rates, according to a percentage or a flat rate (per page, line or hour), remains at the sole discretion of the Service Provider, and this, solely for the concerned service. Any discounts or rebates granted to the Client shall in no case give rise to an acquired right for subsequent services.
In the event that no prior quote has been sent to the Client by the Service Provider, orders are placed by simple exchange of e-mails and the translation services are invoiced in accordance with the base 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 constitute an order.
3. Evidence
The Client agrees to consider as equivalent to the original and as perfect proof of order confirmation, fax, e-mail, copy and electronic format.
4. Deposit
The Service Provider reserves the right to request a deposit for any orders exceeding 500 (five hundred) euros excluding taxes. The percentage of the deposit is specified on the quote. The Service Provider reserves the right to not commence the translation until after the deposit has been received in full.
​
5. Delivery time
Subject to receipt by the Service Provider of all the documents to be translated, the delivery time, given as an indication and mentioned on the quote, is only applicable on condition that the Client confirms his order in accordance with article 2 above within a period specified on the quote. After this period, the delivery date may be subject to revision depending on the Service Provider's workload.
6. Service Provider Obligations
The Service Provider agrees to provide a translation that is as faithful as possible to the original and that complies with professional standards. He/She shall do everything possible to take into account and integrate into the translation any information provided by the Client (glossaries, plans, drawings, abbreviations, etc.). The Service Provider declines all responsibility in the event of inconsistency or ambiguity in the original text, the verification of the technical consistency of the final text being the sole responsibility of the Client.
​
7. Client Obligations
The Client agrees to provide the Service Provider with all texts to be translated and any technical information necessary for their understanding and, where applicable, the specific terminology required. In the event of the Client's failure to fulfill his obligation to inform the Service Provider, the latter cannot be held liable for any non-compliance or if delivery is late.
The Client has a period of 10 (ten) working days from receipt of his translated or proofread documents to express in writing any disagreement concerning the quality of the service. After this period, the service is considered to have been duly performed and no dispute can be accepted. To this end, the Client agrees to consider as proof of delivery any acknowledgment of receipt by post, fax or e-mail.
8. Confidentiality
The Service Provider agrees to respect the confidentiality of the information brought to his/her attention before, during or after the performance of the service. The originals may be returned to the Client by written request.
The Service Provider cannot be held liable for interception or misappropriation of information during the transfer of data, in particular via the Internet. Consequently, it is up to the Client to inform, beforehand or during the order, the Service Provider of the means of transfer that he wishes to see implemented in order to guarantee the confidentiality of any information of a sensitive nature.
9. Delivery format
The translation is delivered by e-mail in Word format. On request, it can be delivered by fax or in hard copy sent by post. Any other means of transfer or format must be expressly agreed upon between the parties and may result in additional charges.
​
10. Liability
The Service Provider's liability shall be limited to the invoiced value of the work.
Under no circumstances shall the Service Provider be held liable for claims related to nuances of style.
It is specified that delivery times are only given as an indication, failure to observe them cannot, in principle, lead to late penalties. The Service Provider cannot be held liable for direct or indirect damage caused to the Client or to third parties due to a delay in delivery in particular in the event of force majeure, or fax transmission, electronic mail or postal services.
11. Corrections and proofreading
In the event of disagreements regarding certain aspects of the translation, the Service Provider reserves the right to correct these aspects in cooperation with the Client.
Unless otherwise specified in writing, all corrections will result in additional charges to be billed at the prevailing hourly rate.
12. Method of payment
Unless otherwise specified on the quote, invoices are made out excluding VAT, without discount and are payable within 30 (thirty) days from the issue date of the invoice.
If payment is made by check or bank transfer from abroad, all foreign exchange and banking fees shall result in additional charges specified on the quote, or the issue of a new invoice.
The translation remains the property of the translator until full payment.
In the event of late payments, orders in progress can be unilaterally interrupted until full payment is received and the Client will be liable for late payment penalties calculated in accordance with the European Central Bank prevailing rate plus 10 percentage points, applied to the invoiced amount as well as the fixed sum of 40 euros per unpaid invoice. No prior formal notice is necessary, in accordance with Article L.441-6 of the French Commercial Code.
​
13. Intellectual Property
Before submitting a document for translation to the Service Provider, the Client must ensure that he has the right to do so. He must therefore be the author of the original document or have obtained prior written authorisation from the document's copyright holder.
If these conditions have not been ensured by the Client, under no circumstances the Service Provider shall be held liable if all or a portion of the documents entrusted by the Client were to infringe on the rights of a third party or violate any applicable regulations. The client shall be held liable for any possible damages and the financial consequences which would result from his/her own 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 its economic rights in its work, the Service Provider reserves the right to require that his/her name be mentioned on any copy or any publication of his/her translation, in accordance with Article L.132-11 of the Intellectual Property Code.
14. Cancellation
If the Client cancels an order in progress, whatever the cause, the Client must notify the Service Provider in writting. The Client shall be invoiced at 100% (one hundred percent) for the work already carried out and the remaining work shall be invoiced at 50% (fifty percent).
15. Friendly settlement
The parties undertake to attempt conciliation in the event of a dispute or claim of any nature whatsoever and before any legal action.
The parties undertake to do their best to ensure that this conciliation has every chance of succeeding. They undertake to act in good faith.
16. Applicable law – Jurisdiction
These general terms and conditions are subject to French law and must be interpreted in accordance with French law. In the absence of a friendly settlement in accordance with article 15 above, the parties assign exclusive jurisdiction to the French courts to settle any dispute relating to the provision of services and these general terms and conditions.
​
​
​
​
​
​
​
​
​
General Terms and Conditions of Service Provision
Interpretation assignments
These general conditions of service provision present the rights and obligations of Libby GEISLER, autoentrepreneur, SIRET 525 330 403 00029 (the "Service Provider"),
on the one hand,
and any natural or legal person wishing to benefit from her services (the “Client”),
on the other hand.
​
1. Object
These general terms and conditions determine the contractual conditions applicable to the service provisions offered by the Service Provider to his/her Clients.
The beneficiary of the services is called the Client and the interpreter, the Service Provider.
The services offered by the Service Provider are services consisting of intellectual work of simultaneous or consecutive conference interpretation.
The nullity of a contractual clause does not entail the nullity of the general terms and conditions.
The Service Provider reserves the right to modify these general terms and conditions subject to individually informing the Client.
​
2. Enforcement of the general conditions - Opposability
All orders placed imply the Client's full and unreserved acceptance of these general terms and conditions of service provision to the exclusion of any other document.
No special terms will take precedence over these general terms and conditions of service provision unless expressly stated in writing on the final and bonding purchase order.
The execution of any service by the Service Provider implies the Client's acceptance of these general conditions and the waiver of his/her own general conditions of purchase. Any contrary condition will therefore, in the absence of express acceptance, be unenforceable against the Service Provider, regardless of when it may have been brought to his/her attention.
The fact that the Service Provider does not prevail at any time of any of these general conditions of service provision, cannot be interpreted as a waiver of the right to prevail of any of the said conditions at a later date.
​
3. Placing of orders / quotes
The expected interpretation service is generally preceded by a quote detailing the nature and purpose of the work to be done.
The expected service can be detailed in a descriptive note or in the specifications appended to this contract and forms an integral part thereof. In these documents (quote, memorandum, specifications) are specified the methods of execution, the timetable and the procedures for monitoring the work if necessary.
Orders are only final when they have been confirmed in writing (post, fax, e-mail) and/or after payment of a deposit determined in the quote.
Unless expressly stated in writting, order confirmation implies the Client's full and unreserved acceptance of the Service Provider's general terms and conditions of service, acknowledgment of having full knowledge of them and the waiver his own conditions of purchase.
The beneficiary of the order is the Client and this cannot be transferred without the Service Provider's agreement.
Any requests by the Client to modify or cancel the order shall only be taken into consideration if received in writing prior to the provision of the service. If the Service Provider does not accept the modification or cancellation, the deposits will not be returned.
In the event that no prior quote has been sent to the Client by the Service Provider, orders are placed by simple exchange of e-mails and the services are invoiced in accordance with the base rate usually applied by the Service Provider or at 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 constitute an order.
​
4. Obligation of the parties and confidentiality
The Service Provider agrees to respect the confidentiality of the information brought to his/her attention before, during or after the performance of his/her services.
The Service Provider declinces all responsability in the event of inconsistency or ambiguity in the information provided by the Client prior to the performance of the service.
In the event of the Client's failure to fulfill his obligation to inform the Service Provider, the latter cannot be held liable for any non-compliance.
The Service Provider cannot be held liable for interception or misappropriation of information during the transfer of data. Consequently, it is up to the Client to inform the Service Provider, when ordering, of the means of transfer that he wishes to see implemented in order to guarantee the confidentiality of any sensitive information.
​
5. Fees and working hours
Fees and allowances (transport, accommodation, etc.) are fixed by mutual agreement. Compensation shall be paid net of any withholding tax. This includes the actual work during the day(s) of the conference/meeting as well as the time needed to prepare the interpreters.
Unless otherwise agreed between the parties, the normal and recommended practice for a day of interpretation is understood as comprising 8 hours including 2 hours of breaks. Hours worked beyond this duration will be invoiced, at the option of the interpreters, on a pro rata basis on the hourly basis of calculation of 6 hours worked. The daily rates are fixed and cannot be split. Any working day started is deemed to be due by the Customer, even if its actual duration is less than that of the so-called normal session.
The number of interpreters required for the mission will be determined by the type of service, the number of languages, the subject and the daily duration of the conference/meeting. Within their teams, interpreters are free to organise their work as they see fit.
In any case, service provision within the deadlines can only occur if the Client is up to date with his/her obligations towards the Service Provider, whatever the cause.
Unless expressly stated in writting on the quote, the costs incurred for the service provision (travel, accommodation, etc.) are the Client's responsibility. They will be re-invoiced if the Service Provider has advanced said costs.
Any decision to discount, reduce or apply decreasing rates remains at the sole discretion of the Service Provider and this, solely for the concerned service. Any discounts or rebates granted to the Client shall in no case give rise to an acquired right for subsequent services.
If the interpreting service takes place outside the interpreter´s place of practice and travel the day before is made compulsory, the latter will give rise to a per diem. If the trip the day before has to be made during working hours preventing the interpreter from carrying out another service, additional fees intended to compensate for this loss of earnings may be invoiced by mutual agreement with the Client. Identical costs may be invoiced under the same conditions to the Client if the return cannot be made until the day after the service, again preventing the interpreter from carrying out another service.
​
6. Obligations of the parties
a) Service Provider Obligations
The Service Provider agrees to provide interpretation services according to professional guidlines and standards. He/she shall do everthing possible to take into account the information provided by the Client (glossaries, abbreviations, etc.).
b) Obligations of the Client
The Client agrees to provide the Service Provider, several days before the conference/meeting, with any and all texts and media of the interventions made during the conference/meeting and all technical information necessary for the understanding and, where applicable, the specific terminology required.
​
7. Terms of payment
In the event of late payments, the Service Provider may suspend all orders in progress, without prejudice to any other course of action.
Any amount not paid on the due date, appearing on the invoice, automatically entails, from the day following the due date indicated on the invoice, the application of penalties of an amount equal to one and a half times the legal interest rate from the day following the due date shown on the invoice. The late payment penalty rate is equal to the rate applied by the European Central Bank to its most recent financing transaction plus ten points.
These penalties will be payable upon simple request by the Service Provider.
Any invoice recovered by litigation will be increased as a non-reducible penalty clause in accordance with article 1229 of the Civil Code, by compensation fixed at a flat rate of €100.
Under no circumstances may payments be suspended or be the subject of any compensation whatsoever without the prior written consent of the Service Provider.
The Service Provider shall not grant discounts for cash payments or payments received prior to the due date.
If payment is made by check or bank transfer from abroad, all foreign exchange and banking fees charges shall result in additional charges specified on the quote or the issue of a new invoice.
​
8. Intellectual property Obligations
Ownership of the resulting work is transferred to the client. When the intellectual work carried out constitutes a creation in accordance with the Intellectual Property Code, the Client is prohibited from exercising all rights over the work, in particular the right of reproduction, if the copyrights resulting from this creation have not been the subject of a transfer agreement in his/her favour.
Recordings and/or broadcasts of the service are not permitted. After authorisation by the Service Provider, recordings and/or broadcasts, whatever the medium, shall result in additional invoicing equivalent to a percentage of the invoiced amount excluding tax. This amount will be mentioned on the quote.
​
9. Execution of the contract (cancellation / forfeit / modification)
The Service Provider cannot be held liable in the event of non-performance or poor performance of his/her obligations due either to the Client's actions, or to the insurmountable and unforeseeable actions of a third party to the contract, or to a case of force major.
The Service Provider agrees to provide the requested service in accordance with the contractual provisions which is subject to an obligation of means.
If the Client fails to meet any of his/her obligations and fifteen days after formal notice, the Service Provider can terminate the contract without prejudice to any damages.
The termination of the contract will be pronounced by registered letter with acknowledgment of receipt and will be automatically acquired without legal formality.
The acceptance of this quote and the order confirmation imply a commitment on behalf of both parties. If the Client cancels the order, a penalty must be paid. The amount of this forfeiture will depend on the amount of time remaining between the date the Service Provider is notified in writting of this cancellation and the date set for the interpreting service.
The forfeit calculation method shall be mentioned on the quote or in an appended document.
If the organisation of the conference/meeting is modified and if this modification has repercussions on the interpretation service to be provided (addition of a working language, changes in schedules, dates, etc.) this quote will no longer be valid, even after signature. Another quote will be established.
​
10. Dispute Resolution
​
The parties undertake to attempt conciliation in the event of a dispute or claim of any nature whatsoever and before any legal action.
The parties undertake to do their best to ensure that this conciliation has every chance of succeeding. They undertake to act in good faith.
In the absence of a friendly settlement of the dispute, the Commercial Court of Paris will have sole jurisdiction in the event of a dispute of any kind or dispute relating to the formation or execution of the order, unless the Service Provider prefers to seize any other competent court.
This clause applies even in the event of summary proceedings, incidental claims or multiple defendants or warranty claims, and regardless of the mode and terms of payment. Any jurisdiction clauses that may exist on the Client's documents which may obstruct the application are not valid or receivable.
​
​
​
​
​
​
​
​
​
​
​
​
​
​
CGPS INTERPRETATION
Appendix 1 – Special case: remote interpreting
1. Object
This appendix to the General Terms and Conditions of Service Provision Interpretation Assignments determines the contractual conditions applicable to the provision of remote interpretation services.
2. Terminology
Remote interpreting means intellectual work of simultaneous or consecutive conference interpreting in a configuration where the interpreter(s) are not physically located in the same place as some or all of the participants of the meeting or conference.
3. Duration of the service
Due to the cognitive overload involved in remote interpretation, recourse to remote interpretation can only be made for short-term assignments. The duration is determined by the parties.
4. Fees and working hours
Remote interpreting requires the same preparation and the same availability as a traditional mission. Consequently, the fixed remuneration conditions mentioned in point 5 of the CGPS (Working hours and working hours) are applicable to the remote interpretation service. Due to the cognitive overload involved in remote interpreting, the cost of the service is increased. The percentage increase is indicated on the quote.
5. Rights and obligations of the parties
a) The Service Provider's Rights and obligations
The Service Provider reserves the right to interrupt the session if the conditions are deemed too unfavorable to guarantee quality interpretation.
b) The Client's Rights and obligations
The Client agrees to comply with the instructions given by the Service Provider and, where applicable, the technician, in particular concerning the discipline of the participants. The Client agrees to inform the Service Provider at the time he/she signs the contract of the methods he wishes to use for remote interpretation (including, if applicable, the platform that will be used).
6. Terms of payment
The practical terms of the service may be subject to negotiation between the Service Provider and the Client. Any modification of the terms must be communicated to the Service Provider as soon as possible and be the subject of an agreement between the Service Provider and the Client. Failing this, the Service Provider reserves the right to cancel his/her participation in the mission without this cancellation being able to engage his/her responsibility. The Client and the Service Provider agree on the best way to test the methods of remote interpreting beforehand for each assignment, under conditions that resemble as closely as possible real working conditions.
7. Liability
In the context of the delivery of a remote interpretation service, the Service Provider cannot be held liable:
- in the event of a technical or connection failure,
- in the event of non-respect of confidentiality with regard to the information or data which passes through during the connection.
8. Recording of the performance
Recording of the performance is prohibited, except by express agreement between the parties. In this case, any recordings shall result in additional charges, persuant to point 8 of the CGPS.
9. Settlement of disputes
Any dispute relating to the enforcement or interpretation of the conditions of this appendix will be subject to the application of point 10 of the CGPS.
​
​
​