Parolys, a Limited Liability Company
A Limited Liability Company with 10,000 euros in assets
82, rue Baudin 92300 Levallois-Perret
RCS Number: 493 789 424
VAT Number: FR95493789424
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General Sales Terms and Conditions
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1- Generalities
1-1 - 'The Supplier' refers to HelpTranslation whose headquarters are located in France and the http://www.HelpTranslation.com website, which has been established for the sole operation of a translation service, hereafter referred to as “The Site”.
1-2 - 'The Client' refers to any natural person who communicates with HelpTranslation for the purpose of information, estimates or orders.
1-3 - 'The Site' refers to online services used by the Supplier, to which the Client has access either directly through the http://www.HelpTranslation.com site, or indirectly through any partnership designated by the Supplier for the distribution of online services via another site or address.
1-4 - All estimates and services are exclusively contained in these General Sales Terms and Conditions. All other terms or conditions must have the Supplier’s prior written approval.
1-5 - In his communication with the Supplier, the Client fully and entirely accepts the General Sales Terms and Conditions that he has previously reviewed. Any departure from these conditions on the part of the Client shall not result in any amendment to these conditions. Failure to comply, in whole or in part, with any provision of these General Sales Terms and Conditions shall not nullify any of the other provisions.
1-6 - These General Sales Terms and Conditions are available on the Site. The document may also be obtained by making a simple request addressed to the Supplier’s headquarters.
1-7 - The Supplier is free to revise these General Sales Terms and Conditions at any time.
1-8 - All complaints relating to a service carried out by the Supplier (referred to as “Service”) should be sent to the Supplier no later than 7 days after the completion of the service by registered letter with acknowledgment of receipt. It is specifically understood that all complaints, whether they are communicated by fax, telephone, regular mail, E-mail, or by any other means, which are transmitted beyond the time specified above, shall not be taken into account.
1.9- The method used for determining a translation is established according to the number of words in the source language, unless there is previous specific understanding or agreement between the Supplier and the Client.
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2- General Terms and Conditions Regarding Translation Services
2-1 - Before submitting a document to the Supplier, the Client must insure that he has rights to the said document. Additionally, he must either be the author of the original document or have received prior permission from the person to whom document copyrights have been issued. The Client shall not provide the Supplier with documents that are prohibited by the laws of his country or the laws of the country where the online service site is used to contact the Supplier. The Supplier shall not be responsible in any way for all or any part of the document submitted by the Client that would contravene intellectual property or any other third party right or applicable regulation.
2-2 - While using the Supplier's services, the Client agrees to provide the Supplier with all the means and information that he is able to contribute for the completion of the work through the Supplier, resulting in quality service. In particular, he shall provide the Supplier, before the beginning of the service, with any translation that has already been carried out, or any other reference document, regardless of the original language. Failure to submit reference documents to the Supplier, whether such failure is direct or indirect, or failure to submit the name the reference documents to the Supplier, of which he would have knowledge, or of which he could obtain before the beginning of the service, shall result in the Client's inability to use them as a reference for pointing out a possible inaccuracy in terminology, vocabulary, syntax, phraseology, or in any other editorial possibility that the Supplier would have established within the context of the said service.
2-3 - While using the Supplier’s services, the Client agrees to confirm that he is the final recipient of the service with the Supplier and not to use the results of the service for any other purpose. The Supplier shall not be liable under any circumstances if the use of the service results is used in any other way by the Client.
2-4 - In particular, at the time of his order, the Client is notified that the service must only be for the sole purpose of assisting the Client in understanding the original document, which however, must be the only reference document, and the Supplier shall not be liable if the document resulting from the said service is distributed, in whole or in part, to third parties.
2-5-In recognition of the legal particularities of each country, the Supplier strongly advises the Client to use the results of his services as documents having a legal value without having them previously revised and adapted, if need be, by a service or competent Supplier in legal matters and for the country where the document will be distributed. As a consequence, for all documents having a legal value and particularly for all contracts, general terms and conditions for usage, or any form of accountability or liability, the Supplier shall not be responsible under any circumstances for the distribution of documents by the Client, in whole or in part, concerning the service results provided by the Supplier.
2-6 - Generally, the Client is solely responsible for consequences resulting from the distribution of any documents to third parties, in whole or in part, which are the result of the Supplier’s services.
2-7 - It is expressly understood that the Supplier shall not be responsible for any damages directly or indirectly related to an interruption or any malfunction, suspension or termination of the Service for any reason, or for any damages that would result from connecting to the Site. It is specifically the responsibility of the Client to take all the necessary and appropriate steps to protect his own data and/or software stored on his computer equipment regarding any malicious activity. The Client’s connection to the Site is the complete responsibility of the Client.
2-8 - Furthermore, the Supplier shall not be responsible, in any way, under the Service provision, for any financial or business loss, if the case arises, on the part of the Client, such as loss in profits, turnover, control, data, private monetary loss, or any bonuses, including any loss related to character or reputation. It is agreed and understood that such losses include indirect damages and that they are not the responsibility of the Supplier even if these damages were foreseeable by the Supplier, or if their possibility had been brought to his attention.
2-9 - In any case, without prejudice to the provisions above, the maximum reparation for which the Supplier may be accountable shall not exceed, regardless of the cause related to his liability or any other causes, any amount higher than a settlement equal to the amount received by the Supplier for his service, or one hundred (100) euros.
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3- Conditions Concerning Estimates and Orders Received by the Supplier
3-1 - Estimates are considered as service proposals transmitted by the Supplier and represented by the word ‘ESTIMATE’ followed by an order number. The service proposals displayed on the Site are estimates based on the information received from the Client and only indicate that the Supplier has verified the said information.
3-2 - The estimate shall be carried out by the Supplier based on the entirety of the work concerning the document to be translated. Establishing an estimate without the document or based on an excerpt, temporary text or a type of document, implies that the Client has been notified concerning the nature of the estimate. Therefore, the Supplier shall not be responsible in any way for the accuracy of this estimate.
3-3 - The estimates or service proposal presented by the Supplier are valid for 48 hours from their issuance by the Supplier unless otherwise explicitly indicated. Each order placed after this 48-hour period shall be carried out according to the best possible conditions as those defined regarding the estimate or service proposal unless the Supplier has made further arrangements regarding these estimates. For each order placed without a prior estimate, the fees and completion conditions shall be freely determined by the Supplier based on the fees and completion conditions that the Supplier generally establishes with his Clients.
3-4 - The order is regarded as final by the Supplier upon receipt for a Client’s order and by validating a form placed on the Site for this purpose. This is also done when receiving a full payment from a distant location through a telepayment format such as a Bank Card via the website. The Client then agrees to cover all costs determined by the Supplier for processing his order and the estimate conditions, if any.
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4- Prices for Services and Client Obligations
4-1 - The Supplier offers the Client the option of making payment for services either by card or a subscription fee.
The prices are specified on the Site in Euros. The choice of services and subscription forms, as well as applicable fees are expressly indicated to the Client before transferring the order or subscription fee.
No partial or total repayment shall be granted by the Supplier for Services immediately accessible after the payment agreement.
4-2 - The payments may be completed online through a bankcard. In this case, the Client must provide the card number and include the last three digits of the control number on the back of the card. For all payments by bankcard, the Supplier assures a secured payment system by the use of protective procedures and encrypted coding through an already established online banking operation.
4-3 - When the Client places an order and has an website, he is must put a hypertext link on his welcome page in order to direct the Internet user to the Supplier's website, which is www.HelpTranslation.com. The hypertext link must have a logo provided by HelpTranslation, as well as the reference "HelpTranslation, a low cost professional translation agency". This Client obligation results in a low translation fee for the Client. Only the Supplier is authorized to forfeit this stipulation. In the event that the Client refuses to put this hypertext link on his site within 7 days following the request by the Supplier (by e-mail or regular mail) according to the conditions mentioned above, the Supplier may request that the Client pay an additional amount equal to twice the amount for an order inclusive of tax. The Supplier reserves the right to include the latest interest rate equal to the amount of 2% of the current official rate of interest from the date when the aforesaid payment was established.
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5- Ownership, Liability and Authorization
5-1 - The Client acknowledges that the Site (consisting of all accessible information under Service, such as documents, photos, images, sounds, data and downloadable programs, including the underlying technology used for creating and displaying screen pages) and the Service itself, are protected by intellectual property rights and other rights that the Supplier is authorized to use. The only right granted to the Client concerns the temporary reception of all or part of the site material for his personal use on his work site. The Client may not, under any circumstances, save outside of the session, reproduce, represent, modify, transfer, publish, or use any support, by any means, or manipulate in any way, the site's content or the site itself without the express prior written permission of the Supplier.
5-2 - The Supplier has complete control over all material or omitted information on the site (including situations concerning the determination of a service), programs, data, files, subscriptions, operations and all other content (such as follow-up reports or other situations) supported by computer or electronic format, provided, received or maintained directly or indirectly by the Supplier, such as a data base (except when there may be an abuse or error).
5-3 - The Client agrees not to contest the admissibility, validity, opposability or truthful reality of the content provided by the aforementioned computer or electronic formats, on the basis of any statutory provision and that would specify that certain documents must be in writing or signed by the parties for authorization. Consequently, the content in question is considered as factual information and if produced as such by the Supplier in any contentious proceeding or other situation, will be receivable, valid and demurrable between the parties in the same manner and conditions with the same factual evidence as all information that would be provided, received or maintained in writing.
5-4 - The Supplier shall do his best in order to carry out the Services specified in these terms and conditions and assumes only the obligation to exercise due care.
5-5-In the event of a translation order being cancelled by the Client, the work already completed shall be billed at 100% and the remaining work shall be billed at 50%.
5-6 - Unless there is a specific agreement, the invoices shall be understood as the established amount without the possibility of a rebate and payable by the Client upon confirmation of the order.
5-7 - Any delay or failure to pay by the Client, regardless of reason, shall lead to the immediate payment of the total amount due by the Client without prior formal notice or other formality. In addition, the Supplier reserves the right to include a late interest for an amount equal of 2% of the official rate of interest from the date when the aforesaid payment should have been paid. In any case, the Client shall reimburse costs resulting from any contentious recovery of the amounts due.
5-8 - In case of a delay in payment from the Client, any current orders that he may have shall be suspended.
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6- Confidentiality
6-1 - The Supplier shall do all that is possible to maintain the greatest confidentiality concerning the documents to be translated and the Client’s personal information that are transmitted or communicated through electronic form for the purpose of these services.
The nature of the work and all personal information disclosed by the Client to the Supplier shall be the subject of greatest confidentiality. The Supplier shall not openly disclose or notify any of this information to a third party, without the prior consent of the Client, as specified by this General Sales Terms and Conditions, or unless the suppliers, collaborators or the Supplier's sub-contractors deem that such operational activity or consultation of this information is appropriate. By accepting these General Sales Terms and Conditions, the Client effectively acknowledges that the source document submitted to the Supplier for the purpose of providing its translation, shall be presented to translators, suppliers and the Supplier's sub-contractors.
The guarantees expressed above do not apply where the Supplier is obligated by law to disclose such information in the event that such information is or shall become public property and regardless of the disclosure of this information by the Supplier.
6-2 - The Supplier has written this declaration of confidentiality in order to demonstrate his greatest respect of the privacy of his Clients. Articles 6-3, 6-4 and 6-5 describe the practices concerning the selection and distribution of information held by the Supplier and information that is obtained through the Site.
6-3 - Some personal information on the Client is automatically collected by the Supplier. The Client fully and entirely agrees to allow for the transmission of his personal information. This information may also be stored on the IP address (used only at a particular time for initial hosting) and on the ‘cookies’ that make it possible to identify the Client when purchases are conducted on the Site.
The Supplier uses a module in order to store information concerning an order. In addition to the first and last names of the Client performing the order, the information on the invoice and future contacts shall be recorded. The Supplier does not have access to information relating to credit cards that are used directly on the secured server for online banking payments completed by the Client.
6-4 - The data stored on the Site is automatically processed and entered according to the January 6, 1978 statute, No. 78-17, concerning data processing procedures for files and rights to information.
The responses to questionnaires and applications for online information are used for service access. The Supplier is the first recipient of the collected data that is used for carrying out the Services and for establishing a Client’s file. However, the Supplier reserves the option to surrender the collected information or use it for third party organizations for statistical or prospecting reasons unless permission to do so is otherwise denied by the Client. The Client may refuse the transfer and/or use of this information by checking the box provided for this purpose on the www.HelpTranslation.com site.
6-5 - The Client has the right to modify and delete all personal information.
The information collection service carried out through the Site uses computer means for the easy management of processing the Client’s orders and for establishing the Supplier’s business image through the effective use of the Client’s personal information for statistical purposes.
Pursuant to Article 39 and according to the January 6, 1978 statute, No. 78-17 on data processing procedures used for files and relating to individual rights, all persons may obtain personal information, and if need be, correct or delete such information in question by sending an e-mail to donneescnil@HelpTranslation.com. All individuals may also, for legitimate reasons, refuse this data processing procedure concerning personal information by sending an e-mail to the following address: donneescnil@HelpTranslation.com.
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7- Miscellaneous
7-1 - Hypertext links may appear on the Site and lead to other websites. Due to the fact that the Supplier cannot control the content of these websites, the Client acknowledges that the Supplier cannot be held personally responsible for products, services or information that are available on and/or from these websites.
7-2 - The Client is asked to establish his estimate with specifications concerning the conditions for online services and for the general information concerning the progress of the Supplier’s services. However, if there is a discrepancy between these General Conditions and any other condition, or information from the Supplier that is established on the Site, the provisions of these General Conditions shall prevail unless otherwise expressly indicated by the Supplier.
7-3 - Where the General Conditions are written in several languages, only the French text shall prevail between the parties.
7-4 - The Supplier is free to surrender, sub-contract or otherwise transfer all or part of his rights and obligations to any third party of his choice.
7-5 - For the enforcement of these conditions and any following conditions, the Supplier has declared his domicile as his registered office.
7-6 - These General Conditions are subject to their interpretation and performance according to French law.
7-7 - ACCORDING TO THE PROVISIONS OF ARTICLE 48 OF THE NEW CODE OF CIVIL PROCEDURES FOR AMICABLE AGREEMENT BETWEEN PARTIES CONCERNING ALL DISPUTES RELATING TO THE CONTRACT, IT IS EXPRESSLY SPECIFIED THAT THE ALLOCATION OF JURISDICTION SHALL BE THE BUSINESS COURT OF PARIS AND IN SPITE OF THE PLURALITY OF DEFENDANTS OR INTRODUCTION OF THIRD PARTIES, THE SAME PROCEDURE SHALL BE APPLIED.
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