General Sales Conditions France

1 September 2020

 

1. PROVISIONS COMMON TO PROFESSIONALS AND INDIVIDUALS

ARTICLE 1 – DEFINITIONS

The following definitions apply within the framework of these Terms and Conditions of Sale (TCS):

ALPHATRAD FRANCE: A Company governed by French law, the full name of which is ALPHATRAD FRANCE S.A.S, with capital of €1,000,006, registered in EVRY Trade and Companies Register registration number 323 161 810, and with its Registered Offices at 15, rue du Roussillon | F-91220 Brétigny-sur-Orge.

Customer: the legal entity acting in the exercise of a profession or a company or natural person meeting the legal qualification of Consumer, under the HAMON LAW of 17 March 2014, with which ALPHATRAD FRANCE establishes a contract for the purpose of providing services of translation, interpretation, interpretation by telephone or by videoconference, voice dubbing, subtitling and transcription of audio files.

Service(s): translation, interpretation, interpretation by telephone or by videoconference, voice dubbing (voice off and voice over), subtitling and audio file transcription offered by ALPHATRAD FRANCE to the Customer as part of an offer or a contract established between ALPHATRAD FRANCE and the Customer.

Contract: the contract established between ALPHATRAD FRANCE and the Customer, the purpose of which is the supply of services, by ALPHATRAD FRANCE, of translation, interpretation, interpretation by telephone or by videoconference, voice dubbing, subtitling and transcription of audio files, by means of a price to be paid by the Customer.

ARTICLE 2 – SCOPE OF APPLICATION

These TCS constitute the sole basis of the relationship between the parties. They can be viewed on the ALPHATRAD FRANCE website: https://www.alphatrad.fr

Their purpose is to define the conditions under which ALPHATRAD FRANCE provides the Customer who requests it, via the https://www.alphatrad.fr website, by email or on paper sent directly to ALPHATRAD FRANCE, Services of translation, interpretation, interpretation by telephone or by videoconference, voice dubbing, subtitling and/or transcription of audio files.

The Customer declares to have read these TCS and to have accepted them before starting the process of placing an order. He also acknowledges having the capacity required to establish a contract and purchase the Services offered by ALPHATRAD FRANCE.

These TCS apply in their entirety under the conditions stated in article 20 hereof and, in particular, without restriction or reservation, to all Services provided by ALPHATRAD FRANCE to Customers, regardless of the clauses that may appear in the documents of the Customer and, in particular, its terms and conditions of purchase.

In the event of the invalidity of one or more provisions of these TCS, the other provisions would remain applicable. It is also indicated that these TCS may be the subject of subsequent modifications. In this case, ALPHATRAD FRANCE will inform the Customer in writing, at least one month before the modification takes effect. Unless the Customer raises an objection within two weeks of the date of sending the written notification, the Customer is deemed to have tacitly accepted the modification made.

ARTICLE 3 – ORDERS AND ESTABLISHMENT OF THE CONTRACT

Offers made by ALPHATRAD FRANCE, either verbally or in writing, are not binding. Offers refers, notably, to attachments such as price lists, brochures and other information relative to the Services offered by ALPHATRAD FRANCE and brought to the attention of the customer, in writing or verbally.

The Customer selects the Services it wishes to order. It is specified that the choice and purchase of a Service is the sole responsibility of the Customer. It is, therefore, the Customer's responsibility to verify the accuracy of the order before it is sent in writing to ALPHATRAD FRANCE by email, fax or post.

Sales of Services are only complete, as intended under article 1583 of the Civil Code, after establishment of an estimate and express acceptance of said estimate by the Customer by means of a purchase order and payment of the deposit requested of the Customer by ALPHATRAD FRANCE to confirm the order. The deposit requested from the Customer may in no case be qualified as a non-refundable deposit.

The estimate is valid for 30 calendar days, unless otherwise specified in the estimate. According to the terms specified in article 6 hereof, the estimate indicates the amount of the deposit to be paid by the customer, the turnaround time and the terms of delivery. It is expressly specified that the Customer that has not confirmed the order according to the terms of ALPHATRAD FRANCE's estimate cannot require that ALPHATRAD FRANCE perform any of the Services reflected in the estimate. In addition, the quote which is not confirmed by the Customer within 48 hours of its date of issue by ALPHATRAD FRANCE may require an adjustment of the turnaround time for the Service, without modification of the deadline being able to give rise to the payment of any compensation from ALPHATRAD FRANCE.

ARTICLE 4 - CONDITIONS OF REIMBURSEMENT OF THE DEPOSIT PAID UPON ORDER CONFIRMATION

Any order confirmed by the Customer in the forms and conditions expressly provided for in article 3 hereof gives rise to full payment for the Services under the conditions stated in article 5 hereof, without the possibility for the Customer to retract its order, cancel it or, in particular, demand reimbursement of the deposit paid at the time of order confirmation.

In the event that, upon confirmation of the order by the customer in the forms and conditions expressly provided for in article 3 hereof, ALPHATRAD FRANCE is no longer able to provide the Services in accordance with the estimate submitted and accepted by the Customer, the following shall occur:

• first of all, a new estimate will be submitted to the Customer, which it will be free to accept or refuse;
• secondly, and only in the event that the proposed new estimate has been refused by the Customer, the Customer will obtain immediate reimbursement of the deposit paid, without having the possibility of demanding the payment of any additional compensation.

ARTICLE 5 – PRICES

The Services are provided at the ALPHATRAD FRANCE rates in effect on the day of establishment of the order, according to the estimate previously established by ALPHATRAD FRANCE and accepted by the Customer under the conditions stated in article 3 hereof. Prices are expressed in Euros and include VAT for individuals; they are expressed Excluding Tax for professional Customers. An invoice is established by ALPHATRAD FRANCE and provided to the Customer upon delivery of the Services ordered. ALPHATRAD FRANCE reserves the right to modify the agreed prices at any time, before establishment of the Contract.

The agreed prices may also be modified at any time during fulfilment of the Contract if the Customer modifies the order placed. Until the Contract is fully executed, ALPHATRAD FRANCE is authorized to increase the agreed prices, by costs resulting from measures taken by the public authorities.

ARTICLE 6 – CONDITIONS OF PAYMENT FOR SERVICES

In accordance with articles 3 and 5 hereof, the price of the Services is established on the basis of an estimate which is payable in advance, unless otherwise agreed. A deposit on the total price of the Services will be required upon confirmation of the order and the balance due before the start of the Service. Unless otherwise agreed, the Customer must have paid the full price for the Services before the start of provision of the Services and, at the latest, on the day scheduled for the provision of said Services. In the event that full payment for the Services has not been received on the day they are provided, the deposit will be deemed to have been definitively acquired by ALPHATRAD FRANCE. Furthermore, ALPHATRAD FRANCE reserves the right not to provide the Services and to request payment of the entire Service by legal means.

Any late payment automatically leads to the application of late payment penalties of an amount equal to 3 times the legal interest rate and a set fee for collection costs in the amount of 40 euros (Art. L.441-6 and D.441-5 of the Commercial Code). If the collect costs incurred are greater than the amount of this set compensation, ALPHATRAD FRANCE may request additional compensation with supporting documentation (Art. 441-6 paragraph 12 of the Commercial Code).

ARTICLE 7 – PERFORMANCE OF THE CONTRACT

All orders are accepted and executed exclusively by ALPHATRAD FRANCE, even if the express or implied intention is that an order will be executed by a specific person within ALPHATRAD FRANCE. After establishment of the Contract, ALPHATRAD FRANCE will do the translation work in accordance with the specifications agreed with the Customer under the Contract.

The Customer is required to do, or to have done, everything that is reasonably necessary and desirable to permit timely and correct performance of the Contract.

This also implies responding to requests from ALPHATRAD FRANCE to obtain additional information to be able to properly fulfil the Contract.

ALPHATRAD FRANCE is authorized, for the purposes of proper execution of the Contract, to have work done by third parties.

ARTICLE 8 – CHANGES TO THE CONTRACT AND ADDITIONAL WORK REQUESTED BY THE CUSTOMER

Complementary agreements or subsequent modifications as well as concessions made verbally by the staff of ALPHATRAD FRANCE only bind the latter when they are confirmed in writing by ALPHATRAD FRANCE by e-mail, fax or post. Likewise, any modifications to the order by the Customer can only be taken into account by ALPHATRAD FRANCE within the limits of its possibilities. If ALPHATRAD FRANCE takes into account the modifications requested by the Customer, these will give rise to the establishment of a new estimate and to an adjustment of the price. In such a situation, the Customer will be bound by the adjusted price. It is expressly indicated that, depending on the progress of the work or in the event of it being impossible to grant the requests for modifications presented by the Customer after establishment of the Contract, ALPHATRAD FRANCE may not be able to make the modifications requested by the Customer.

In this case, ALPHATRAD FRANCE is authorized to terminate the Contract, without being liable for any compensation towards the Customer.

In such a case, the deposit paid by the Customer is retained by ALPHATRAD FRANCE, which may also bill the Customer a prorated amount for the number of words already translated.

ARTICLE 9 - TERMS OF PROVISION OF SERVICES

1. Communication of the technical glossary specific to the interpreter's field of intervention

The Customer is expressly informed that the interpreters made available to it within the framework of providing the Services are not technicians mastering the specific vocabulary required in the field (s) of activity in which the interpretation service is requested.

As a result, in the context of providing the Services, the technical vocabulary specific to the Customer's sector of activity as well as the in-house language are not guaranteed by ALPHATRAD FRANCE.

In this context, the Customer must spontaneously communicate to ALPHATRAD FRANCE, at least eight (8) days before the start of the Services, all documentation necessary to effectively provide the Services. This necessary documentation includes, in particular, the technical glossary and specific vocabulary used in the field of expertise concerned by the Services to be provided.

If a glossary is not provided by the customer at least 8 days before the start of the Services, it is customary for the interpreter to use standard technical terms without this being able to be held against him.

2. Billing for Remote Interpretation Services

Telephone interpretation is billed in 15-minute increments.

Interpretation by videoconference is billed in hourly increments.

Any portion of time started is billed in full.

Remote interpretation services are by appointment. Billing begins at the exact time of the appointment. However, billing will not be issued for an appointment cancelled at least 48 hours in advance.

The first portion of the price will be charged for:

• Any appointment that has not been cancelled 24 hours in advance;
• Any appointment for which the customer does not show up.

3. Costs related to the performance of interpretation services on-site:

Unless otherwise agreed, all costs to reach the place where the services will be provided shall remain the responsibility of the Customer and will be re-billed at cost price (plane, train, taxi, accommodation, meals and others).

The Customer agrees to pay them upon receipt with presentation of supporting documents.

4. Service delivery times during on-site interpretation

The times for lunch or dinner, if these times are included in the schedules for the Services, are taken into account in the actual schedules for the Services.

More specifically, when an interpreter comes, in the context of providing the Services, to have lunch or dinner with the Customer, this time for lunch or dinner will be considered as actual time spent providing the Service. Upon request, the Customer must sign the interpreter's attendance sheet.

5. Customer insurance for the risks related to providing the Services for on-site interpretation

The Customer declares to be insured for the risks related to providing the Services.

In particular, this insurance must cover, for the benefit of the interpreter, the risk of accident at the place of the assignment and throughout the entire duration, as well as harm to his physical well-being, civil liability, etc.

6. Damage or loss of interpretation equipment made available to the Customer

If interpretation equipment (such as booths, microphones, headphones, etc.) is made available to the Customer, it remains under its entire responsibility from delivery until collection. Any damage or loss will be billed at the cost established by ALPHATRAD FRANCE which rents the equipment.

7. Extension of the period of providing the Services due to the Customer

In the event that the period for providing the Services is extended due to circumstances attributable to the Customer, it will have to incur the resulting consequences.

In particular, these consequences consist:

• in payment for additional time consumed in connection with providing the Services at the rate mentioned in the estimate accepted by the Customer;
• in reimbursement, on first presentation of the relevant supporting documents, of the interpreter's transport costs (plane or train tickets) resulting from extension of the period for providing the Services;
• in reimbursement, on first presentation of the relevant supporting documents, of the interpreter's travel and accommodation expenses, and fees if the latter is forced to remain at the place of the assignment due to extension of the period for providing the Services.

8. Recording of conversations

Within the framework of providing interpretation Services, if the Customer requests that conversations be recorded, it must first inform those participating in the conversation and obtain their approval. ALPHATRAD FRANCE will only make this recording for possible transcription needs and after having confirmed with the Customer that it has received the approval of each of the participants. ALPHATRAD FRANCE declines all responsibility concerning the proper authorization of each participant. In order to comply with regulations on the protection of personal data, ALPHATRAD FRANCE will not provide the recording to the Customer and will destroy it after delivery of the translation to the Customer.

ARTICLE 10 – INTELLECTUAL PROPERTY

The intellectual property rights of ALPHATRAD FRANCE relative to the Services provided for the Customer are the exclusive property of ALPHATRAD FRANCE. ALPHATRAD FRANCE remains the owner of the rights of use until full payment of the invoice and the Customer may not use the Service before full payment of the invoice. After full payment of the Service, the Customer may use and/or exploit these intellectual property rights over the Service under the conditions stated in the estimate: either the rights are free to use, on any medium and without time limit, or they are under restricted use.

ARTICLE 11 – SPECIAL CONDITIONS RELATED TO THE NATURE OF CERTAIN SERVICES

1. INTERPRETATION SERVICES

Depending on the Services, several types of interpretation may be made available to the Customer:

LIAISON OR CONSECUTIVE INTERPRETATION: during liaison or consecutive interpretation, the interpreter's assignment is to make the connection between two parties who do not speak the same language. The speaker(s) should stop to allow time for the interpreter to translate the content of the conversation. This technique is used for business meetings, training, support, in a face-to-face setting, by telephone or remotely.

SIMULTANEOUS INTERPRETATION (IN BOOTH): during simultaneous interpretation, the interpreter works in a soundproof booth with at least a second interpreter because the continuous working time is limited to 20 minutes and the interpreters must take turns.

The speaker speaks into a microphone connected to the interpreter who has an earpiece and instantly reproduces the content of the speech in a microphone. The content of this speech is returned to the listeners of the audience in the language concerned.

B. VOICE DUBBING SERVICE

With regard to the voice dubbing service, the prices appearing on the estimate are based on the information provided by the Customer, namely the duration of the original file, or even the number of characters of text, the type of voice, the languages and processing of the audio file. The Services of ALPHATRAD FRANCE may be used freely on any medium without time limit, unless otherwise stated in the estimate.

ALPHATRAD FRANCE reserves the right to revise the estimate if certain activities have not been reflected or if the Customer makes editing changes.

For any order, the Customer validates one voice. If, after returning the file, this voice no longer satisfies it, the amount of the invoice will nevertheless remain due.

A new estimate will, therefore, be established for a new recording. If the Customer requests the integration of sound media such as music or other, it must make sure to respect the rights of rights holders, particularly the SACEM, authors, publishers or composer. ALPHATRAD FRANCE can never be concerned in this regard.

The order will only be accepted after receipt of the signed estimate accompanied by the order, if this is necessary in its structure, and possibly accompanied by payment of the deposit.

The delivery method is mainly by EMAIL with an MP3 or MP4 file, unless otherwise indicated in the estimate.

Complaints concerning the Service must be sent within 5 days following delivery.

ARTICLE 12 – LIABILITY OF ALPHATRAD FRANCE – GUARANTEE

ALPHATRAD FRANCE agrees to provide Services which meet an acceptable level of quality, subject to the express reservation of fulfilment of the obligation made to the Customer in article 9. a) hereof.

The Customer is informed that an interpreter cannot be refused by the Customer because of his accent as long as the latter correctly masters the languages required to provide the Services.

If an interpreter does not satisfy the Customer, the latter must inform ALPHATRAD FRANCE within 4 hours of the start of the Services.

The Customer must specify, by email, in a detailed, clear and concise manner, the reasons that it did not wish to accept the services of the interpreter.

In such a situation, ALPHATRAD FRANCE agrees to do everything possible to replace said interpreter, in consideration of the availability of replacements.

The impossibility of replacing the interpreter dismissed by the Customer due to the absence of an available replacement is considered to be a case of force majeure.

As such, ALPHATRAD FRANCE cannot be held responsible for remedying any inconveniences caused by this express case of force majeure.

Any dissatisfaction regarding the quality of the Services must be expressed by registered letter with acknowledgment of receipt within 8 days following the date of completion of the Services.

The letter of complaint must be substantiated and concrete and verifiable elements must be produced to support it. No complaint may be the subject of a refusal to pay for the Services and no compensation may be claimed from ALPHATRAD FRANCE. The liability of ALPHATRAD FRANCE is strictly limited to the Services provided.

As a result, the amount of liability which could be due by ALPHATRAD FRANCE is limited to the amount invoiced or to the amount estimated by the insurance company that covers its liability.

ARTICLE 13 – FORCE MAJEURE - CONFIDENTIALITY

1. Force majeure

ALPHATRAD FRANCE may not be held responsible for delays or absences of the interpreter due to cases beyond his control, such as delays by the SNCF and other rail, land or air carriers, traffic accidents, slow traffic due to strikes or demonstrations or any other events beyond his control.

In the event of total absence of the interpreter during the trip due to a case of force majeure, 50% of the fees and costs will be incurred by the Customer.

Concerning telephone or videoconference interpretations done by a telephone or online operator (Zoom, Microsoft Teams or equivalent), ALPHATRAD FRANCE cannot be held responsible for the poor quality of the telephone links or of the conference line system. Line cuts or other interruptions cannot, therefore, be attributed to it.

In the event of an unforeseen illness, justified by sick leave established by a doctor, before or during the Services, ALPHATRAD FRANCE will do its best to replace the interpreter.

The impossibility of replacing the interpreter who is out sick due to the absence of an available replacement is considered to be a case of force majeure.

As such, ALPHATRAD FRANCE cannot be held responsible for remedying any inconveniences caused by this case of force majeure.

However, note billing will be issued for the part of the Services not performed. However, equipment rental and travel costs incurred will be billed to the Customer.

2. Confidentiality

ALPHATRAD FRANCE agrees to respect confidentiality concerning all documents entrusted to it as well as the content of comments made while the Services are being provided.

ALPHATRAD FRANCE agrees to obtain the same commitment from its translators, interpreters, dubbers or from any person having performed a Service or participated in the Service.

ARTICLE 14 – PERSONAL DATA

ALPHATRAD FRANCE collects and stores personal data provided by its Customers in a secure manner thanks to computer and physical security measures. The data is kept in files which are only accessible by ALPHATRAD FRANCE employees. 

By contacting ALPHATRAD FRANCE, even for a simple request for Services, Customers and visitors to the https://www.alphatrad.fr site accept that their email address, last and first names and information relative to the Services requested will be saved by ALPHATRAD FRANCE. This data is used, on one hand, to send the estimate, information and updates relative to your order and, on the other hand, to send occasional information on the linguistic services of ALPHATRAD FRANCE. This data may be communicated to any ALPHATRAD FRANCE partners responsible for execution, processing, management and payment of orders. It is never communicated to a third party for advertising purposes.

At any time, data subjects have the possibility of unsubscribing or of having their data deleted or rectified by writing to the following address: info@alphatrad.fr.

ALPHATRAD FRANCE informs data subjects about any security breach and the measures taken to remedy it within 30 days of its occurrence.

The data is kept for 5 years plus the current year. If, at the end of this period, no commercial relationship has been established, it will be automatically deleted from the servers.

The data is stored in an external data centre located in a member country of the European Union, in accordance with regulations on the protection of personal data.

ARTICLE 15 – APPLICABLE LAW – LANGUAGE

These TCS and the operations resulting from them are governed by and subject to French law.

These TCS will be drafted in the French language.

In the event that they are translated into one or several foreign languages, only the French text shall prevail in any disputes.

 

2. SPECIAL PROVISIONS APPLICABLE TO INDIVIDUALS

ARTICLE 16 – RIGHT OF RETRACTION FOR CONTRACTS ESTABLISHED REMOTELY

In the case of a Contract established remotely, the Customer has, in accordance with the law, a retraction period of 14 days following the date of establishment of the contract. Within this period, the Customer may exercise his right of retraction with ALPHATRAD FRANCE and cancel his order, without having to provide a reason or pay a penalty, by sending an email to info@alphatrad.fr expressing his desire to retract his decision.

Exercise by the Customer of his right of retraction implies that delivery of the Services has not started during the retraction period. In the event that the right of retraction is exercised within the aforementioned period, only the price of the Services ordered will be reimbursed, within a maximum period of 14 days from receipt by ALPHATRAD FRANCE of the Customer's notification of retraction.

However, the Customer that would like for the Services to be performed by ALPHATRAD FRANCE immediately, without waiting for the end of the retraction period, is duly informed that due to this express request and in accordance with article L.121-21-8- 1° of the Consumer Code, it expressly waives its right of retraction for the service in question.

ARTICLE 17 – DISPUTES

Any disputes to which the purchase and sale transactions made pursuant to these TCS may give rise, concerning their validity, interpretation, execution, termination, consequences and aftermath, and which could not be resolved between ALPHATRAD FRANCE and the Customer will be exclusively submitted to the competent courts under the conditions of common law.

The Customer is informed that he may resort to conventional mediation, notably with the Commission for consumer mediation (C. consom. Art. L 534-7) or with existing sectoral mediation bodies or any alternative manner of dispute resolution (mediation, for example) in the event of a dispute.

ARTICLE 18 – PRE-CONTRACTUAL INFORMATION - ACCEPTANCE OF THE CUSTOMER

The Customer acknowledges having received a legible and understandable copy of these TCS prior to placing its order, as well as all the information specified in Articles L.111-1 to L.111-7 of the Consumer Code and, in particular:

• the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
• the price of the Services and ancillary costs (material, for example);
• in the absence of immediate execution of the contract, the date or the deadline on which ALPHATRAD FRANCE agrees to deliver the Service;
• information relative to the identity of ALPHATRAD FRANCE, its postal, telephone and electronic contact details, and its activities, if it is not evident given the context,
• information relative to legal and contractual guarantees and the manner of implementing them;
• the possibility of resorting to conventional mediation in the event of a dispute;
• information relative to the right of retraction (existence, conditions, time limit, methods of exercising this right and standard retraction form), the terms of termination and other important contractual conditions (article 16 above).

The fact that a natural person places an order on the ALPHATRAD FRANCE website, https://www.alphatrad.fr, implies full and complete adherence to and acceptance of these TCS, which is expressly acknowledged by the Customer, who waives, in particular, any right to avail itself of any contradictory document, which will be unenforceable against ALPHATRAD FRANCE.

 

3. SPECIAL PROVISIONS APPLICABLE TO PROFESSIONALS

ARTICLE 19 – TERMS AND CONDITIONS OF SALE BY CATEGORY

The information appearing in the catalogues, prospectuses and prices of ALPHATRAD FRANCE are given for information only and may be revised at any time.

ALPHATRAD FRANCE is entitled to make any changes to them that it deems useful.

Furthermore, ALPHATRAD FRANCE may be required to establish Terms and Conditions of Sale by Category, which depart from these Terms and Conditions of Sale, depending on the type of Professional Customer considered, determined on the basis of objective criteria.

In this case, the Terms and Conditions of Sale by Category shall apply to all Professional Customers meeting these criteria.

ARTICLE 20 - UNENFORCEABILITY OF THE TERMS AND CONDITIONS OF PURCHASE OF THE PROFESSIONAL CUSTOMER

These Terms and Conditions of Sale are expressly approved and accepted by the Professional Customer, which declares and acknowledges having understood them perfectly and, as such, renounces availing itself of any contradictory document and, notably, its own Terms and Conditions of Sale, which will be unenforceable against ALPHATRAD FRANCE, even if ALPHATRAD FRANCE was aware of them.

ARTICLE 21 - ABSENCE OF OFF-SETTING OF RECEIVABLES OR NON-RECIPROCAL DEBTS

Unless ALPHATRAD FRANCE has given its express, prior and written consent, and provided that the receivables and reciprocal debts are certain, liquid and payable, no offsetting can be validly done by the Professional Customer between possible penalties for delay in the provision of the Services ordered or non-compliance with the order, on one hand, and the sums owed by the Professional Customer to ALPHATRAD FRANCE for the purchase of said Services, on the other hand.

ARTICLE 22 – DISPUTES

Any disputes to which the purchase and sale transactions made pursuant to these TCS may give rise, concerning their validity, interpretation, execution, termination, consequences and aftermath, and which could not be resolved between ALPHATRAD FRANCE and the Professional Customer will be exclusively submitted to the Commercial Court of Nanterre; for disputes with individuals, the rules of common law will apply.