Terms and Conditions
1. GENERAL
These general conditions constitute the entire agreement between WENDY LESLIE and the customer with regard to the subject matter. They cancel and replace all agreements and all proposals between the parties, prior or not, oral or written. These terms and conditions may only be amended or modified by a written document signed by both parties, and may not be modified or supplemented by the terms and conditions of the purchase orders issued by the customer.
2. ORDER – QUOTATION
2.1 The service request is systematically subject to the establishment of a preliminary estimate.
2.2 The prices and deadlines indicated in the estimate are defined on the basis of the principle that the customer will provide in due time all the elements necessary for the performance of the service.
2.3 The estimate is established on the basis of the document submitted by the client. It is sent by e-mail to the customer with an indication of the price, the deadline and the terms of payment. The quotes established without consultation of the documents to be translated are provided for information purposes only, without commitment to respect the total amount once WENDY LESLIE is in possession of the document to be translated.
2.4 Acceptance of the quote is made by email. Acceptance of the quote implies unreserved acceptance of these general conditions of sale.
3. MODIFICATION
3.1 Once the estimate has been returned signed, any request for additional service, including any modification by the client to the source documents which should be passed on to the target documents, or any request for subsequent modification of the estimate, must be made in writing.
3.2 In all cases, if WENDY LESLIE deems her client’s request feasible, the off-quote service will give rise to the establishment of an additional invoice, and the delivery time will be postponed depending on the nature of the additional request.
4. CANCELLATION
– Services other than interpretation:
4.1 Any request for cancellation or postponement of delivery of a service that has given rise to the acceptance of a quote must be sent to WENDY LESLIE by e-mail at the following address: contact@xceltranslate.com.
4.2 In this case, WENDY LESLIE will be entitled to establish additional invoicing up to 30% of the amount of the accepted quote, in addition to invoicing the count of words already processed before receipt by WENDY LESLIE of the cancellation e-mail to the address: contact@xceltranslate.com.
4.3 WENDY LESLIE undertakes to return to the client the result of the partial service carried out before the cancellation and having thus been invoiced.
5. DELIVERY
5.1 The delivery time is indicated in the quote, the delivery date will therefore be calculated from the receipt, by WENDY LESLIE, of the quote duly accepted by the customer according to the terms set out in paragraph 2.4.
5.2 Any returned quotation accepted, sent after 5 p.m. to WENDY LESLIE, will be considered as received the following day. If the following day turns out to be a non-working day, the date taken into account will be that of the first following working day. Namely, the working days are from Monday to Saturday.
5.3 The documents are considered delivered to the client as soon as they leave WENDY LESLIE, with supporting evidence (confirmation of receipt). WENDY LESLIE cannot be held responsible for delays in delivery by fax, e-mail, traditional mail and other postal or land means, not directly controlled by WENDY LESLIE.
5.4 If the delivery time cannot be met due to an event of force majeure, e.g. natural disasters, transport disruptions, disturbances of our network or servers and other disruptions of our lines and data transmission or any obstacles not falling within our responsibility, we are entitled to withdraw from the contract or to request the concession of appropriate additional time. We are also not liable for damage caused by viruses. WENDY LESLIE ensures the safety of its files by using an antivirus, regularly updated. When sending files by e-mail, modem or any other form of remote transfer, the customer must make a final review of the files and documents transferred. In the event of a breach of this control by the customer, we decline all claims for damages.
6. PRICE – PAYMENT CONDITIONS – PENALTIES
6.1 WENDY LESLIE‘s prices are expressed in euros.
6.2 Payment is made, unless otherwise agreed in writing, within 30 days from the date of invoicing to the account indicated by WENDY LESLIE.
6.3 For any service whose total amount is greater than €15,000 excluding VAT, the customer will be asked to pay a 25% deposit on order and another on final delivery.
6.4 In the event of non-payment, as a penalty clause and for the application of law 92-1442 of December 31, 1992 as amended, the buyer will be automatically liable for a penalty for late payment calculated by application to the all of the sums remaining due, at an interest rate equal to the legal interest rate.
6.5 In the absence of payment on any of the installments, the other installments will become immediately due, even if payment is made by issuing a chain of accepted drafts.
6.6 WENDY LESLIE reserves the right to suspend any service and/or any delivery as long as the customer has not paid it the fees and the arrears, as well as the interest and the collection costs possibly due.
6.7 In the event of non-payment, any representation or partial or complete reproduction of the documents delivered is unlawful. WENDY LESLIE reserves the right to take legal action without delay, and to demand compensation deriving from copyright.
7. PENALTY CLAUSE
If the failure of the customer makes necessary an amicable or legal recovery, the customer undertakes to pay in addition to the principal, the costs, fees and accessories usually and legally payable by him, an indemnity fixed at 15% of the principal amount of the debt and this, as conventional and lump sum damages.
8. TRANSLATION ERROR – DISPUTE
8.1 It is the client’s responsibility to check the result of the service after delivery.
8.2 For translations, the dispute can only relate to the demonstration of an error made in the translation of the transmitted text. Are therefore excluded from the scope of disputes, differences in interpretation and style.
8.3 Disputes must be brought to the attention of WENDY LESLIE, in writing, with an indication of the error found and the correction desired by the customer.
8.4 The time limit for contesting is at the latest 15 days after the deadline for execution of the translation.
8.5 WENDY LESLIE undertakes to make every effort to carry out the corrections requested as a matter of urgency.
8.6 After the deadlines set in 8.4, the service will be considered accepted by the customer and any dispute will be inadmissible.
8.7 Errors observed and corrected by WENDY LESLIE cannot justify non-payment of the entire invoice.
8.8 Even in the event of errors rendering the document unusable, WENDY LESLIE‘s commitment is limited to the amount of the corresponding invoice.
9. CONFIDENTIALITY
9.1 All texts are treated confidentially. WENDY LESLIE undertakes never to disclose or use the information that she is brought to hold because of the services entrusted to her. WENDY LESLIE imposes the same confidentiality commitment on its suppliers.
9.2 With regard to the electronic transmission of texts and data or other forms of electronic communication between the client, WENDY LESLIE and any third parties in charge of execution, we cannot guarantee the absolute non-disclosure of professional information and trade secrets, due to the impossibility of excluding the access of unauthorized third parties to the texts transferred electronically.
9.3 The studies, estimates and documents delivered or sent by WENDY LESLIE remain the property of WENDY LESLIE; they cannot therefore be communicated to third parties for any reason whatsoever by the customer.
10. STORAGE OF DOCUMENTS
10.1 WENDY LESLIE agrees to keep the documents given to her for the purposes of the service, for a period of 150 days. Beyond that, WENDY LESLIE cannot be held liable for failure to keep the documents submitted.
10.2 WENDY LESLIE declines all responsibility in the event of loss or damage to documents entrusted to it, following events of force majeure or loss during delivery by e-mail, traditional mail and other postal or land means.
11. NULLITY OF A CLAUSE
If one of the clauses of these general conditions is considered by the legislation in force to be illegal, invalid or as not being able to be applied, the parties accept that the validity and enforceability of the other clauses of these general conditions are not affected and that these remain in force.
12. ATTRIBUTION OF JURISDICTION
All disputes relating to the interpretation or execution of these conditions will be subject to the exclusive jurisdiction of the competent court of Nice.
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