General sales conditions (as at january 1, 2014)
Methods of Payment
Any and all services ordered through Un Mot d’Excellence Inc./A Word of Excellence Inc. entails the acceptance of the following general conditions, notwithstanding any and all alternative or contradictory conditions of the client.
1) Current prices are only a guideline and are applicable only to work done under normal conditions. Any specific stipulations with respect to deadline, format, etc. entail price adjustments presumed to be accepted in advance, unless the order was established differently. Translation of documents will only begin after receipt (by fax) of a quote signed by the client.
2) Un Mot d’Excellence Inc./A Word of Excellence Inc. reserves the right to set a minimum price that will be communicated to the client during the drawing up of the quote. For any order over 500 Canadian dollars, a deposit of 50% shall be requested. The deposit amount for a translation is established from the number of French words in either the original document or finished product.
3) Payment terms are net 30 days after receipt of invoice. Payment to be made by cheque or bank transfer. The amount is to be made out to Un Mot d’Excellence Inc./A Word of Excellence Inc. Bank fees resulting from issuing a foreign currency cheque or due to bank transfers are the client’s responsibility. The same applies for receipt of payment in foreign currency, whether by cheque or bank transfer.
4) Penalties for late or lack of payment are due the day after the payment date outlined on the invoice, and are set at current legal rates.
5) Delivery of the translation is realized by Un Mot d’Excellence Inc./A Word of Excellence Inc. by e-mail to the address provided by the client. Confirmation by Un Mot d’Excellence Inc./A Word of Excellence Inc. of translation sent by email will serve as proof of delivery. Payment in cash will not give rise to a discount. Any late or lack of payment will give rise to the amount due to be immediately paid in full by the client, no matter what the reason, and this without prior formal notice or other formality, and legal interests in force shall accrue as of the date when said payment should have been made and will compensation for legal damages equal to twenty per cent of amount due, without prejudice of all other damages that may be granted by the jurisdictions in question. In all cases, the client shall reimburse costs of recovery for amount due. Orders in progress may be cancelled in the event of any late payment.
6) Recovery. In the case of out-of-court or legal recovery, in addition to the fees, costs, or interests, a lump sum of 10% of the total invoice shall also be payable.
7) All contestations (which MUST be done by registered letter with acknowledgement of receipt) must be received within eight days after delivery of the order. Consequently, notwithstanding stipulations outlined in these conditions, no complaints of any kind may be made against Un Mot d’Excellence Inc./A Word of Excellence Inc. after this eight-day deadline has expired.
Un Mot d’Excellence Inc./A Word of Excellence Inc. remains the owner of translated texts until full payment for work has been made, except by express prior agreement. If full payment is not made, full or partial use of said translation by the person who placed the order is illegal.
1°) The responsibility of Un Mot d’Excellence Inc./A Word of Excellence Inc. is limited to the amount of the corresponding invoice.
2°) Under no circumstance can the company Un Mot d’Excellence Inc./A Word of Excellence Inc. be pursued or inconvenienced nor held liable in any capacity for complaints with respect to nuances in style or generated by the quality and nature of the source document.
3°) The client must offer any help that may be required to complete the order by providing documents or information to Un Mot d’Excellence Inc./A Word of Excellence Inc..
This help can be provided specifically by the provision to Un Mot d’Excellence Inc./A Word of Excellence Inc. of: specialized literature, glossaries, similar documents, background documents, etc.
4°) The Client guarantees TranslatePls.com against any and all appeal and/or complaint from any entity or party(ies), from the use of its services.
Un Mot d’Excellence Inc./A Word of Excellence Inc. agrees to keep confidential all documents entrusted in its care.
Respect of copyright, client responsibility
Before submitting a document, the client must ensure he or she is in full right of the law to do so. The client must therefore be either the author of the original document, or have obtained prior authorisation from the copyright holder of the document and/or rights holder(s), and as such guarantees Un Mot d’Excellence Inc./A Word of Excellence Inc. against any complaint or legal action. The client also agrees to not submit to Un Mot d’Excellence Inc./A Word of Excellence Inc. documents that may undermine French law as well as the law in his or her country. 3wCommunication thereby reserves the right to refuse certain types of translations.
Changes to the General Conditions of Service
Should one or more provisions in this agreement be held as invalid or declared as such by the application of the law, a regulation, or from a final decision by a competent court, all other provisions will remain in force and relevant.
This contract is governed by Canadian law. Should an out-of-court settlement in its interpretation or execution not be possible, only the Canadian Courts shall have jurisdiction.