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Terms and Conditions 

Effective: June 1, 2024

Pierre Capron Language Services (we, us, our) is committed to providing professional and high-quality translation services. Our Terms and Conditions outline the essential aspects of our relationship with clients, covering key elements such as translation service agreements, payments, confidentiality, delivery schedules, and our policy on cancellations. These terms ensure that both parties have a clear understanding of their rights and obligations throughout the translation process. We aim to work with transparency, upholding both French consumer protection laws and industry standards, while addressing any queries or concerns you may have.

1. Interpretation

UNLESS THE CONTEXT DICTATES OTHERWISE,  THE FOLLOWING DEFINITIONS APPLY THROUGHOUT THIS TERMS AND CONDITION POLICY:

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  • “Confidential Information” means information (in any form) that is confidential either to you or to us and which either you disclose to us or we disclose to you in connection with the Services.

  • “Intellectual Property Rights” means any rights in or to any patent, copyright, database right, registered design, design right, utility model, trademark, brand name, service mark, trade name, business name, chip topography right, know-how, or Confidential Information and any other rights in respect of any other industrial or intellectual property, whether capable of being registered or not and including all rights to apply for any such rights.

  • “Order”  means an order for the Services provided by you from time to time.

  • “Original Works” means the documents, files, materials, and works provided by you for the purposes of carrying out the Services.

  • “Services” means translation services performed by us for you.

  • “Terms and Conditions” means these standard terms and conditions as set out below.

  • “Recurring payments” operate as a mutual agreement between the client (you) and the business (Us). The client commits to making regular interval payments (eg bi-weekly or monthly), while the business commits to providing the product or service continuously as long as these payments are maintained.

  • "Translation Service agreement" or Contract"  means any contractual agreement between both Pierre Capron Language Service and the client. This agreement clearly  details the deliverables, price, deadlines, responsibilities of both parties, and any milestones.

  • “Translated Works” means the documents, files, materials, and works translated and produced from the Original Works in accordance with your instructions and provided to you by us.

  • “Large  Translation Projects” means assignments involving substantial text volumes, multiple documents, or multiple languages, such as technical manuals, legal contracts, or entire websites. These projects require extensive planning and coordination, typically taking several weeks to a few months to complete. 

  • “Standard Translation Projects” means assignments involving single documents or smaller text volumes, such as articles, reports, or marketing materials. These projects are generally less complex and have a typical turnaround time of a few days to one week, depending on document length and complexity.

  •  “We, us, our” means Pierre Capron Language Services, pierrecapron.com, and Pierre Capron Translation Business that is operating in France.

  • “You, your” means the company, firm, body, or person to whom we are supplying the Services and/or the Work Products.

  •  The clause headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions.

  •  References to “documents,” “records,” “books,” and “data” shall include information contained in computer programs and disks and records or other machine-readable form or records kept otherwise than in a legible form but capable of being produced in a legible form. 

  • The word “including” shall be understood to mean “including without limitation” and the word “includes” shall be understood to mean “includes without limitation.”

  •  Words of a technical nature shall be construed in accordance with general trade usage in the computer industry.

2. Quotations

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  • Quotations are not binding on us and a contract (“Contract”) will only come into being when we issue a written confirmation of your Order in the form of a Translation Service Agreement  and the Translation Agreement must be signed by both parties.

  •  The Contract will be subject to these Terms and Conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by you shall have no effect. Any variation of the Contract must be confirmed in writing by us.

  •  Our written quotations are given on the basis that the terms quoted will remain open for the placing of orders for 30 days from the date of the quotation, unless expressed otherwise. 

  • Quotations are given on the basis of your description of the source material, the purpose of the translation, and any other instructions. Such quotations may be amended at any time if, in our opinion, the description of the source materials is materially inadequate or inaccurate.

  •  Information provided in our brochures, catalogs, or other published material is general description only and does not form part of the Contract.  

  • Both digital and custom translation services require a detailed service agreement outlining the scope, deadlines, payment terms, and any specific requirements. This agreement must be signed by both parties before work commences. The agreement should clearly define the deliverables, responsibilities of both parties, and any milestones.

  • These Terms and Conditions apply to all Services provided to you unless otherwise agreed between the parties in writing.

3. Price and Payment

PRICE AND CURRENCY​

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  • Unless otherwise stated, prices are in Euros and are exclusive of any tax or duty. We shall invoice you for all appropriate taxes and expenses for which we are liable to collect. You shall be liable to pay any penalties or interest on such taxes which are payable by us as a result of your delay in paying such taxes. Payments can be made via PayPal or other agreed-upon methods.

  • Price includes transmission to the address specified in our quotation or confirmation of order. 

  • Quotations in a currency other than Euros are based on the rate of exchange at the time of quoting and, unless otherwise stated, the price may be subject to revision  up or down if any different rate of exchange is ruling at the date of invoice. 

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LARGE PROJECT PAYMENTS​

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  • For large projects, 30 % advance payments will  be required upon acceptance of the quotation and  the signing of the translation service agreement by both parties.  Recurring payments are conducted on a bi-weekly or monthly basis. Each payment shall be made within 2 days from the date of the invoice  unless expressed otherwise in writing in the Translation Service Agreement.  

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STANDARD PROJECT PAYMENTS

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  • Standard projects must be paid in full upon acceptance of the quotation and signatures of the translation service agreement by both parties in order to reserve a booking slot.  All payments shall be made without deduction or set-off. 

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DELAYED OR FAILED PAYMENTS

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  • Failure to pay any invoice in accordance with the foregoing terms or other terms specified in the Translation Service Agreement shall entitle us to suspend further work both on the same order and on any other order from you without prejudice to any other right we may have. 

  • We reserve the right to charge interest on overdue accounts, such interest to be calculated daily on the amount outstanding at the rate of 4 per cent above the published base rate of the Bank of France.

  • Late Fees: Late payments incur a fee of 4% per month on the outstanding balance.

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PAYMENT METHODS

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  • Advance Payments: For large projects, an advance payment of 30% of the total estimated cost is required before work begins.

  • Partial Payments: For ongoing or long-term projects, partial payments may be invoiced in regular intervals (e.g., bi-weekly, monthly).

  • Payment Methods: We accept PayPal, credit cards, and other methods as agreed upon.

  • Due Date: Payment is due within 2 days from the invoice date unless expressed otherwise  in writing in the Translation Service Agreement.​

4. Delivery

DATES FOR DELIVERY​

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  • The dates for delivery of the Translated Works or the dates for carrying out the Services are approximate only and, unless otherwise expressly agreed by us, time is not of the essence for delivery or performance and no delay shall entitle you to reject any delivery or performance or to repudiate the Contractual Translation Service Agreement. Where we have agreed in writing to a date for delivery of the Translated Works then time will be considered of the essence.

 

DELIVERY METHODS

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  • Digital translations and custom project deliverables are delivered via email or a secure online platform within the agreed-upon timeframe. If any delays are anticipated, clients will be notified in advance. The delivery method and schedule will be clearly specified in the translation service agreement.  Delivery is considered complete once the translation has been sent to the client via the agreed method.

  • We will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform if the duration of the delay is not substantial or if the delay or failure is due to an act of God, fire, inclement or exceptional weather conditions, industrial action, hostilities, governmental order or intervention (whether or not having the force of law) or any other cause whatever beyond our control or of an unexpected or exceptional nature. 

  •  Posting or despatch to a carrier (including post, facsimile, e-mail ) for the purpose of transmission to you shall, for the purposes of the Contract, constitute delivery to you. Risk in the Translated Works shall pass to you on despatch.

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DELIVERY FORMAT

 

  • Translations are provided in the format specified in the translation service agreement (e.g., Word document, PDF, Excel). Additional formats can be requested and may incur extra charges. Any specific formatting requirements must be communicated by the client before the project commences. All format specifications must be agreed upon before the commencement of the project.

5. Our Responsibility and Liability

 OUR RESPONSIBILITY​

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  •  The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry. 

  •  We shall use all reasonable skill and care in selecting translators, interpreters, and other personnel used to produce the Translated Works and perform the Service.

  •  No terms, conditions, or warranties, whether express or implied, about the quality or fitness for purpose of the Services or the Translated Works shall be incorporated unless expressly set out in this Translation Service Agreement contract. 

  • We will use reasonable endeavors to provide the Services to meet the specific requirements of the Client provided that the Client notifies us in writing of any specific requirements and these requirements are agreed in writing between the parties prior to acceptance by us of the relevant Work Request.

  •  ​Both digital translations and custom projects undergo a thorough quality assurance process to ensure accuracy, consistency, and adherence to client specifications. Clients can request additional quality checks or specific validation processes for an additional fee. This process includes multiple rounds of proofreading and editing.

 

OUR LIABILITY

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  •  You acknowledge that any Original Works and Translated Works submitted to you over the Internet cannot be guaranteed to be free from the risk of interception even if transmitted in encrypted form and that we have no liability for the loss, corruption, or interception of any Original Works or Translated Works. 

  •  Pierre Capron language Services cannot be held liable for damages or losses, except when their negligence directly results in death or personal physical injury resulting from our negligence and subject to clause.

  •   We shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of us PRIOR to the signatures of both parties of the Contractual Translation Service Agreement , whether orally or in writing, and you shall not be entitled to rescind the Contract on the grounds of any such misrepresentation. 

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Our liability to you in respect of the provision of the Services and/or the Translated Works shall be limited as follows: 

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  • We shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever. 

  • Our entire liability to you under any Contract including but not limited to in respect of the Services and the Translated Works shall not exceed the price payable to us by you under the Contract to which any claim relates. 

  • You must notify us within 14 days of delivery of the Translated Works of any claim arising out of the provision of the Services and/or the Translated Works (“Claim”), together with full details of any Claim. In any event, we shall not be liable to you if you fail to notify us of any Claim within a reasonable time of delivery of the Translated Works.

6. Your Responsibility and Liability

YOUR RESPONSIBILITY

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  • You warrant, represent, and undertake that the materials submitted by you shall not contain anything of an obscene, blasphemous, or libelous nature and shall not (directly or indirectly) infringe the Intellectual Property Rights of any third parties.

  • Unless otherwise agreed by us, you (which for the purposes of this clause includes any of your associated companies) shall not, for a period of one year after termination of the Contract, either directly or indirectly, on your own account or for any other person, firm, or company, solicit, employ, endeavor to entice away from us or use the services of a translator or interpreter who has provided the Services and/or Translated Works to you on our behalf under the Contract (“Translator”). In the event of your breach under this clause, you agree to pay us an amount equal to the aggregate remuneration paid by us to the Translator for the year immediately prior to the date on which you employed or used the services of the Translator.   

  •  In the event of a dispute, clients are encouraged to contact us directly to resolve the issue amicably. If a resolution cannot be reached, disputes will be handled in accordance with French law and can be brought before the relevant courts in France.

 

YOUR LIABILITY

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  • You agree, upon demand, to indemnify us (which for the purposes of this clause includes our employees, agents, and sub-contractors), and keep us fully and effectively indemnified, from and against all losses, damages, injury, costs, and expenses of whatever nature suffered or incurred by us, including any claims by a third party, in respect of any loss or damage to property or personal injury, death, or disease caused by any negligent act or omission or willful misconduct of you, your employees, agents, or subcontractors or any breach of warranty given by you in this clause 6.

7.  Copyright

​ORIGINAL AND TRANSLATED WORKS

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  • We acknowledge that the Original Works are your property. 

  • The copyright for the Translated Works remains our property. However, upon full payment of all amounts due under the Contractual Translation Service Agreement , we grant you an exclusive license to use the Translated Works for any and all purposes for which they were requested.

  • You agree, upon demand, to indemnify us and keep us indemnified, from and against all losses, damages, injury, costs, and expenses of whatever nature suffered or incurred by us, including any claims by a third party, arising out of or in connection with the Services or the use by us of any information, documents, or materials supplied by you, including any infringement of any Intellectual Property Rights of any third party.     

  • We retain a copy of completed translations for backup purposes for a period of 12 months. Clients may request copies within this period if needed. After this period, the translations will be securely deleted. Clients are responsible for maintaining their own backups after the 12-month period.

8. Confidentiality

  • Each party agrees and undertakes that during the term of the Contract and thereafter it will keep confidential and will not use for its own purposes, nor without the prior written consent of the other, disclose to any third party any Confidential Information which may have been or may be disclosed, either directly or indirectly, to the party or which may otherwise have come to the knowledge of the party under or in connection with the Contract except information which is in the public domain other than by reason of a breach of this provision or any duty of confidentiality, or the party is required to disclose by law or any regulatory or governmental authority.

9. Termination

  •  Either party may terminate the translation service agreement with a written notice. In the event of termination, the client is responsible for payment of all completed work up to the termination date. If the client terminates the project after work has begun, the advance payment will not be refunded.

  • If you become insolvent or make any arrangements with your creditors or go into liquidation or if a receiver is appointed over any of your property or assets or if you commit any breach of the Contract, we shall be entitled (without prejudice to our other rights) to suspend or cancel further performance of the Contract and if Translated Works have been delivered but not paid for, the full price shall become immediately due and payable notwithstanding any previous agreement to the contrary. 

  • If we become insolvent or make any arrangements with our creditors or go into liquidation or if a receiver is appointed over any of our property or assets or if we commit any breach of the Contract, you shall be entitled (without prejudice to your other rights) to suspend or cancel further performance of the Contract and if Translated Works have been paid for but not delivered, the full price shall become immediately due and payable notwithstanding any previous agreement to the contrary

10. General Policy

  • Waiver of Breach: No waiver by us of any breach of the Contract by you shall be considered a waiver of any subsequent breach of the same or any other provision.

  • Severability: If any provision of these Terms and Conditions is deemed invalid or unenforceable by a competent authority, the validity of the remaining provisions shall not be affected. The remaining part of the provision in question shall remain in effect.

  • Notices: Any notice required or permitted to be given by either party under these Terms and Conditions must be in writing and addressed to the other party at its principal place of business, or such other address as notified in writing for this purpose.

  • Governing Law and Jurisdiction: The Contract shall be governed by the laws of France, and you agree to submit to the exclusive jurisdiction of the French courts.

11. Entire Agreement

  • These Terms and Conditions, together with the Order and any documents referred to herein, contain the entire agreement and understanding between the parties relating to the subject matter hereof and supersede any prior agreements, understandings, arrangements, statements, or representations relating to the subject matter hereof. 

  • You acknowledge that you have not relied on any representations or statements made by us that are not expressly set out in the contract.

  • In the event of any conflict between any part of this Contract, the documents constituting the agreement between the parties shall have priority in the following order: Translation service agreement  entered into between the parties; and These Terms and Conditions.

12. Force Majeure

  • We shall not be liable for any delay or failure to perform our obligations if such delay or failure arises from events or circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, lockouts, industrial disputes, breakdown of plant or machinery, accident, fire, flood, storm, or default of suppliers or subcontractors. If the delay or failure continues for a period in excess of 60 days, you shall be entitled to terminate the contract.

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