The Service Provider (hereinafter referred to as the “Service Provider” or the “service provider”) is hereinafter referred to as:
21 rue des Amandiers
SIRET registration number: 538 271 578 00030
SIREN registration number: 538 271 578
The website www.dooblisys.com (hereinafter referred to as the “Site” or the “site”) is a website describing to Internet users all products or services provided by the Service Provider.
The Client (hereinafter referred to as the “Client” or the “client”) is any person who carries out purchases of products or services provided by the Service Provider.
For the purpose of these General Terms and Conditions of Sale, the words “product” and/or “service” (“products” and/or “services”) refer to the various products and/or services provided by the Service Provider.
The Service Provider can be contacted electronically via the means listed on the Site (contact form, instant messaging) or by telephone at the following number: +33 9 72 28 67 57.
As the Site is hosted by a third-party company, the Service Provider shall not be liable for any interruption of the Site, any bugs that may arise, or any damages resulting from a fraudulent intrusion by a third-party which altered original information available on the Site.
1. Applicability and validity of Terms Of Sale
The Service Provider reserves the right to modify at any time these General Terms and Conditions of Sale without retroactive effect to the open orders. In this case, the applicable conditions will be those prevailing on the date of validation of the order by the Client.
The latest date of modification is September 2, 2015.
These General Terms and Conditions of Sale govern and apply without any restriction on the overall relationship between the Service Provider and the Client.
The Client acknowledges having read these General Terms and Conditions of Sale prior to ordering. All orders placed imply the client's full acceptance of these General Terms and Conditions of Sale, without any reservation whatsoever and to the exclusion of any other document.
No special terms will take precedence over these General Terms and Conditions of Sale unless expressly stated in writing on the final and binding purchase order.
The execution of any service by the Service Provider implies the Client accepts these General Terms and conditions of Sale and waives his own general terms and conditions. Any other disposition, in the absence of manifest consent, will be ineffective against the Service Provider, regardless of the time at which he/she may have been made aware of it.
2. Quotes and orders
Each order placed by the Client shall be preceded by a free quote issued by the Service Provider based on the documents or information provided by the Client.
The quote the Service Provider sends to the Client by regular mail, electronic mail, or fax shall include:
- The way in which the service was priced. A service is billed either at a unit rate, at a flat rate, at an hourly rate, or based on the Service Provider's rates at the time the quote is prepared;
- The language pair if the service is to be in a language different from the documents or information supplied by the Client;
- The payment currency and the payment method;
- The date of delivery for the service provided;
- The format of the documents to be delivered in case a specific layout has been requested;
- Any special rates applied because of urgency, specific research, or any other service that goes beyond the services usually provided by the Service Provider.
To confirm an order, the Client must return the unaltered quote with the Client's written approval and signature to the Service Provider by regular mail or fax if the quote was sent to the Client by regular mail or fax. If the Client received the quote by electronic mail, the Client may confirm the order by expressing this clear acceptance by return electronic mail. If the Service Provider does not receive the order confirmation, the Service Provider reserves the right not to commence work on the project concerned.
If confirmation of the order is not received within two (2) weeks of the date the quote is sent by the means stipulated above, the quote shall be considered null and void.
The Service Provider reserves the right, after informing the Client, to charge an additional fee and/or not to adhere to the delivery date on the Client's initial order in the following cases:
- Modification of documents or the addition of documents by the Client after the initial quote was prepared by the Service Provider, in which case the Service Provider reserves the right to adjust the rate based on the additional volume of work estimated or requested;
- If the documents were not furnished during the quote preparation process;
In the absence of the Client's express acceptance of the new delivery and/or invoicing conditions, the Service Provider reserves the right not to commence work.
Unless otherwise stated on the quote, costs incurred during the provision of services (travel, courier or postal fees, etc.) will be charged to the Client. Any decisions to offer a discount, reduction, or sliding fee scale based on a percentage or flat flee, are at the sole discretion of the Service Provider and only for the service to which they apply. Any discounts or rebates offered to the Client shall not create a right vested in interest concerning future services.
In the event that a quote is not sent to the Client before the commencement of work, translation services shall be invoiced at the base rate usually billed by the Service Provider.
The Client agrees to consider faxes, e-mails, copies, and computer files as equivalent to the original and valid proof that the order was confirmed.
4. Prices / Taxes
Prices are net, without application of VAT (Art. 293B of the French General Tax Code).
Any order exceeding Euro 1,000.00 excluding tax may be subject to a deposit, the amount of which shall be clearly stipulated in the quote. Work shall begin only once the payment has cleared.
Any delivery date or dates agreed between the Service Provider and the Client shall become binding only once the Service Provider has received all the documents to be used for the service provided and if the Client has confirmed his/her order as specified in Paragraph 2 above within 3 (three) working days from the date of reception of the quote. After that time, the delivery date may be revised if so required by the Service Provider's workload.
7. The Service Provider's obligations
The Service Provider agrees to provide a service with the utmost care and that complies with professional standards. He/she shall do everything possible to take into account and include in the service information provided by the Client (texts, glossaries, drawings, diagrams, photographies). The Service Provider shall not be held liable for any inconsistencies or ambiguities in the source texts and documents, the verification of the final texts and documents' technical coherence remaining the Client's sole responsibility.
8. The Client's obligations
The Client shall provide the Service Provider with all of the documents and information required to execute the service. If the Client fails to inform the Service Provider, the Service Provider shall not be held liable if the service provided does not conform to the Client's standards or if delivery is late.
The Client has 10 working days from the time the documents are received to inform the Service Provider in writing of any disagreement concerning the quality of the service provided. Once this period has expired, the service shall be considered duly completed and no claims may be made. The Client agrees to consider postal, fax, or electronic mail receipts as proof of delivery.
The Service Provider agrees to preserve the confidentiality of information the Service Provider becomes aware of before, during, and after providing services. Original documents shall be returned to the Client upon simple request.
The Service Provider shall not be held liable in the event that information is intercepted or used by a third party during the transfer of data, especially on the Internet. Therefore, the Client must inform the Service Provider before the provision of services or at the time the order is placed of the means of transmission the Client would like the Service Provider to use to ensure the confidentiality of any sensitive information.
The means (electronic mail, fax, regular mail) and format (Word, Excel, or any other format) of delivery must be expressly agreed to by the parties and may result in additional fees.
The liability of the Service Provider on any grounds whatsoever shall be limited to the invoiced value of the work.
Under no circumstances shall the Service Provider be held liable for claims related to nuances of style or of method of work.
It is expressly agreed that delivery deadlines are provided for information only and that missed deadlines shall not be considered grounds for penalties. The Service Provider shall not be held liable for direct or indirect harm to the Client or a third party resulting from late delivery due to force majeure or fax transmission, electronic mail, postal and other problems.
12. Corrections and proofreading
In the event of disagreements about certain aspects of the service delivered, the Service Provider reserves the right to correct these aspects in cooperation with the Client.
If the service delivered is to be published, the Service Provider shall receive the printer's proofs to proofread them before the document goes to print.
Unless otherwise specified in writing, all corrections or modifications will result in additional charges to be billed at the prevailing hourly rate.
Unless otherwise mentioned on the quote, payment in full to the Service Provider shall be made no later than 30 days from the date of invoice.
In the case of payments by wire from abroad, all forex and banking fees will be specified on the quote or be billed to the Client.
In the event of late payments, orders in progress can be unilaterally interrupted until full payment is received and the Client will be liable for the following penalties, without any formal notice being required:
- Late payment penalties of three (3) times the prevailing base legal interest rate applied to the entire sum in question;
- Statutory fixed charge to cover debt collection costs: forty (40) Euros, Decree 2012-1112 of October 2, 2012 (Official Journal of the French Republic).
Services remain the property of the Service Provider until payment has been received in full.
14. Confidentiality / Privacy
The Site of the Service Provider uses "cookies." A cookie is a file that is not stored on the Site but on the hard drive of your computer. It aims to provide consultation statistics to the Service Provider and to offer personalised services to the Client only available if cookies are enabled. These cookies do not contain confidential information about the Client.
The Service Provider is committed to ensuring full respect for the privacy of the Client, and never give, lease or rent information about the Client (such as postal address, email address, or phone number) to anyone.
In compliance with France's Data Protection Act of January 6, 1978, amended by Law 2004-801 of August 6, 2004, the Client has a right of access, rectification or deletion of his/her data - free of charge. This right may be exercised by contacting the Service Provider by email or by regular mail at the address indicated in the Preamble.
Before undertaking to have a document translated, the Client must ensure that this does not infringe on any third-party rights.
Therefore, the Client must be the author of the original document or have obtained written permission to have the document translated from the party holding the copyrights to the document.
If these conditions have not been ensured by the Client, under no circumstances shall the Service Provider be held liable if all or a portion of the documents to be translated were to infringe on the rights of a third party or violate any applicable regulations. If this were to occur, the Client shall be held solely liable for any harm or financial consequences resulting from the Client's negligence.
Furthermore, the Client acknowledges that the translation is a new document, whose copyright is held jointly by the author of the original document and the Service Provider. As a result, for literary or artistic translation, and without harm to the Service Provider's rights to the work, the Service Provider reserves the right to require that the Service Provider's name be mentioned on any copies or publications of the translation, in compliance with France’s Intellectual Property Code (paragraph L.132-11).
If work that is commissioned is subsequently cancelled after work has commenced, for whatever reason and notified in writing by the Client to the Service Provider, the Client shall pay the Service Provider the full contract sum for the work completed and half (fifty percent) for the uncompleted work.
17. Complaints and disputes
These General Terms of Sale are governed by French laws.
In the event of a complaint or dispute of any nature whatsoever, the Service Provider and the Client agree to attempt to settle the complaint or dispute amicably. They agree to operate in good faith.
In cases where a settlement could not be reached, the Commercial Court of Tours (France) shall have sole jurisdiction in any dispute or different.