Preamble and general provisions:
The purpose of these general terms and conditions is to define the conditions for performance of the services entrusted to Caupenne & Co. and its subsidiary TTP-Amplus by Caupenne & Co., the Contractor, by Clients who wish to use its services. The Contractor provides translation and interpretation services, a process involving the written and oral transposition of a text from one language to another, and its services involve an obligation of best efforts. It always aims to create the conditions that will enable it to provide high quality work, and undertakes to comply with good practice, i.e. to have the knowledge and skills required in the field of the mission and obtain information in order to fully understand and reproduce the documents to be translated, and refuse deadlines that are incompatible with the mission entrusted. It also undertakes to advise the Client on the most suitable methods and techniques for carrying out the missions entrusted. For the Contractor, translation involves transposing from one language to another, a written document which may be technical, scientific, legal, financial, commercial or of a more general nature, so that it can be understood by the reader. The translation may be a sworn translation, for which the translator must be a judicial expert approved by the French courts and authorised to stamp the translation to certify its compliance, and it may then be authenticated and apostilled. For translation services with proofreading, different levels of proofreading may be proposed, i.e. proofreading by a native speaker of a translation carried out by a non-native speaker, or a revision in accordance with the ISO 17100 standard (translation by one translator and proofreading by a second translator, both of whom are native speakers) compared with the source document, especially in the event of publication or when post-editing services are provided (translation by a neural machine, post-edited by a professional translator, with quality levels defined beforehand to produce a document that can be understood, or that is similar to human quality). Interpretation services are deemed to be the production of a verbal translation that is semantically, phonetically and syntactically correct, based on normal delivery of speeches or presentations to an audience. Interpretation may be consecutive (a single interpreter at meetings, negotiations, site visits, audits etc.) or simultaneous (at least two interpreters at conferences, seminars, training courses etc.) with the use of specific interpretation equipment (booth, headsets and microphone etc.) ; these services can also be provided remotely via platforms.
Article 1: Opposability and application of the terms and conditions
All orders placed with Caupenne & Co. and its subsidiary TTP-Amplus by Caupenne & Co., whatever the method used (email or mail etc.), implies acceptance of the terms and conditions by the Client. No special conditions can take precedence over them, unless agreed by the parties. The performance of any service by the Contractor, Caupenne & Co. and its subsidiary TTP-Amplus by Caupenne & Co., implies acceptance of the terms and conditions by the Client. If the Contractor does not require performance of any of the provisions of the general terms and conditions at any time, it cannot be deemed to have waived its right to require performance of the aforementioned terms and conditions subsequently.
Article 2: Billing elements
If translation services are provided, billing is based on the number of words to be translated, taking into account the price list for new words, repetitions and fuzzy matches, which result in a reduction. Unlike translation services, proofreading services provided by a native translator to improve a translation are always charged using an hourly rate, as the time spent varies in line with the quality of the text to be proofread, which depends on the writer’s expertise in the foreign language, using a flat fee based on the characteristics of the text submitted. In accordance with the aforementioned ISO 17100 standard, revision services are invoiced per word, without application of a reduction generated by the use of CAT tools, in the case of the complete proofreading of the translation compared with the source document. Ancillary services which include page design or computer graphics are defined based on an hourly rate for desktop publishing (DTP) or computer-aided design (CAD), particularly for non-editable images or processing a complex format. For sworn translations, in addition to taking into account the number of words or actions entrusted, additional costs may be charged (swearing, authentication, apostille costs or postage costs).
Article 3: Drawing up of quotations and placing of orders
All orders placed by the Client are preceded by a quotation drawn up free of charge by the Contractor after examination of the documents submitted to be translated and of the information provided. It describes the planned services and indicates the number of words according to the price list drawn up after analysis, and the source and target languages. It also indicates the methods of determining the price of the translation service, on an inclusive basis or at an hourly rate or the Contractor’s rate in force when the quotation was made, based on the number of source words calculated according to an analysis by CAT software. The quotation may also specify the expenses to be taken into account (postal charges, administrative costs etc.) or the additional actions required (swearing, authentication, apostille etc.). According to the nature of the services entrusted and their importance, it may also specify the number of hours of proofreading or page design. Ancillary services may be charged, if the Client wishes to retain a specific page design or presentation (DTP, CAD etc.) of the required documents. The required format of the documents to be translated is determined by the parties when the quotation is drawn up, and taken into account when the final order is placed. The Client’s order is formalised by returning the quotation to the Contractor without any modifications, either by mail, signed and marked “Duly accepted”, or by return of email with a statement of consent. It can also be accepted online, through our platform or the dedicated Customer Area. Failing acceptance of the quotation, the Contractor reserves the right not to begin the service. Failing confirmation of order within a time limit of two months from the date of issue of the quotation, the quotation is deemed to be null and void. If modifications are required by the Client and the modifications increase the price agreed in the initial quotation, the Contractor will draw up a new quotation taking into account the aforementioned modifications, and will continue to provide the services once the Client has accepted the new quotation. If modifications are required by the Client, the Contractor may decide to draw up a new quotation, taking into account the aforementioned modifications, and will continue to provide the services once the Client has accepted the new quotation.
Article 4: Delivery and transfer of rights
The translation is delivered by email sent to the dedicated Customer Area or by mail, in the format agreed when the order was placed.
Before sending a document to the Contractor for translation, the Client must make sure that it has the related rights and guarantees therefore that it is the author of the original document or has obtained authorisation to translate it from the holder of the rights for the document. The Contractor cannot be held liable if some or all of the documents entrusted by the Client infringe the intellectual property rights or any other rights of a third party.
Unless specifically agreed by the parties, the Contractor is entitled to use the source text and the target text as well as the documentation supplied by the Client as tools in order to create glossaries. The Contractor retains the rights in and to any translation memories (translation memory = database generated from the translations produced associating a source sentence with a target sentence in different linguistic combinations) that it may have created during the provision of its services. On completion of its services, the Contractor grants the Client the right to use the translation for the purpose that it indicated when the contract was concluded. The Contractor does not claim any intellectual property rights in or to the translations produced. Accordingly, the Client holds the intellectual property rights and copyrights associated with the translations. The translations are intended solely for the Client’s use, and the Client is fully responsible for any reproduction of them for commercial, advertising or other purposes.
Article 5: Confidentiality When providing its services, the Contractor undertakes to respect the confidentiality of the information supplied to it before, during or after the performance of its services. The original copies provided by the Client will therefore be returned to it on request. To facilitate the performance of the missions entrusted to the Contractor, the Client undertakes to give it any information available that is useful or necessary for the translation (in-house glossary, similar texts, illustrations, tables etc.). These documents will be treated as equally confidential and will be returned on request.
Regarding the discussions held between the Contractor and the Client before, during or after the performance of the services, the Contractor will comply with its privacy policy defined in the document entitled “Privacy Policy”, available for consultation on its website, which the Client can freely consult and if necessary ask for it to be sent.
Article 6: Terminology questions, corrections and proofreading
The Client undertakes to make available to the Contractor any information and documentation required (glossary of terms, existing translation memory, list of abbreviations and acronyms etc.). If terminology questions are raised by the Contractor, they will be submitted to the Client, and a specific written note will be made by the Contractor of any that cannot be resolved.
After delivery of the translation, the Contractor undertakes to make any justified changes and corrections, once, with no additional charge. For any changes to the source or target texts after adaptation by the proofreader, or for any stylistic corrections required by the Client, an additional charge will be invoiced after issuing a quotation.
In the event of a disagreement concerning certain elements of the translation carried out, the Contractor reserves the right to correct it in collaboration with the Client. For this purpose, the Client must notify the errors precisely to the Contractor. If the documents to be translated have a specific technical nature or involve a specific and limited field, it undertakes to ensure that they are re-read and approved by an authorised person within its company.
Article 7: Respective obligations
The Contractor undertakes to comply with good practice, by accurately reproducing the meaning of the document entrusted to it. It will endeavour to produce a translation that is as faithful as possible to the original document, in accordance with common practice in the profession. The Contractor will make every effort to take into account and include in the translation the information provided by the Client, and accepts no liability in the event of incoherence or ambiguity in the original text, it being the sole responsibility of the Client to check the technical coherence of the final text. However, the translator must notify any incoherence noted by the translator during the course of the translation or in the form of a translator’s note, at the time of delivery. Similarly, the Client undertakes to make available to the Contractor all of the texts to be translated, any technical information required to understand the text, and where appropriate the specific terminology required. It undertakes to reply to any requests for additional information made by the Contractor.
The Client also undertakes not to contact any Caupenne & Co. and its subsidiary TTP-Amplus by Caupenne & Co., contractors directly, save in exceptional circumstances, in which case the Client must inform Caupenne & Co. and its subsidiary TTP-Amplus by Caupenne & Co., and copy the project managers or the management team in charge of the service in on any exchanges.
Article 8: Terms of payment
Unless special conditions are indicated on the quotation, the invoices drawn up by the Contractor are payable at 45 days end of month. In the event of late payment, orders in progress may be automatically interrupted until full payment is received. The Client is liable for the interest and penalties specified by Article 441-6 of the French Commercial Code, without formal notice being required. The rights relating to the translation documents remain the property of the Contractor until full payment of the amounts due.
Article 9: Cancellation of a translation service
In the event of cancellation of an ordered translation in progress, regardless of the reason, notified by the Client to the Contractor, the work already carried out will be delivered to the Client and will be billed. Half of the work still to be carried out will be billed.
Article 10: Interpretation services
In view of the distinctive nature of these services, linked to the holding of an event (visit, conference, audit etc.) it is noted that interpretation may be simultaneous, consecutive or remote. The Contractor will inform the Client about which is the most appropriate for its needs, according to the planned event. The interpretation service is intended solely to be heard directly or immediately. Interpretation services are billed on an inclusive basis for one day of interpretation, which includes a maximum of 8 hours of service, including the various breaks. If the service lasts longer than 8 hours, an additional payment must be allowed for. The interpreter is not obliged to attend events organised after the day of service (dinner, reception etc.) unless the Client requires his or her presence. This will then be specifically billed. In addition to the inclusive basis to be allowed for, the Client must cover the expenses incurred by the interpreter on any grounds whatsoever (travel and transport, accommodation and food etc.). Expenses relating to the supply of equipment required for interpretation may also be charged (case with headset and microphone, simultaneous interpretation booth, remote interpretation platforms etc.) and these items are proposed in particular when drawing up the quotation. Depending on where the interpretation will be carried out, an additional charge may be made for the time taken to travel to the venue on the basis of a quotation approved by the Client in advance, in particular if the interpreter has to travel from their place of residence to the place of the mission. To facilitate performance by the Contractor of the missions entrusted, on accepting the quotation the Client undertakes to provide the schedule to be taken into account, the preparatory documents and the documentation available (agenda, reports, technical documentation etc.). If a text must be read during the planned meeting, conference or event, the Client undertakes to give a copy of it to the interpreter in advance, so that he or she can adapt the pace of his/her speech to the audience and prepare the presentation of the document provided. If an event is cancelled for any reason whatsoever, other than a force majeure event, the Client shall pay compensation to the Contractor amounting to 50% of the amounts specified in the order placed, if the cancellation occurs between the 7th and 14th calendar day (inclusive) before the scheduled date and shall pay compensation amounting to the full amount agreed if the cancellation occurs between the 1st and the 6th calendar day (inclusive) before the scheduled date, with the 1st day of a mission being treated as D-0.
Article 11: Disputes In the event of a dispute concerning the interpretation and performance of any of the provisions of these general terms and conditions, the competent courts for the head office of Caupenne & Co. and its subsidiary TTP-Amplus by Caupenne & Co. will have sole jurisdiction over the dispute, unless otherwise agreed by the parties.
