Terms of Service

These Terms of Service set out the rights and obligations of Mauritian Creole Translations (the “Service Provider”) on the one part, and any natural or legal person wishing to benefit from its services (the “Client”), on the other part.

1. GENERAL CONDITIONS

Any order placed requires the Client to adhere fully and unreservedly to these Terms of Service, to the exclusion of any other document.

No special condition may, save where a formal and written exception is made on the order form which has become firm and final, take precedence over these Terms of Service.

The performance of any service provided by the Service Provider implies acceptance by the Client of these Terms of Service and waiver of its own terms and conditions. Any conflicting term or condition will therefore, in the absence of express acceptance, be unenforceable against the Service Provider, irrespective of when it may have been brought to his notice.

The fact that the Service Provider does not rely at any time on any of these Terms of Service cannot be construed as waiving the right to rely on any of those Terms at a later date.

2. PLACING ORDERS/QUOTATIONS

Each Client order is usually preceded by a free quotation, drawn up by the Service Provider, on the basis of the documents to be translated or the information provided by the Client.

The quotation sent by the Service Provider to the Client by post, fax or e-mail shall specify in particular:

• The number of pages or words submitted for translation;
• The language of translation;
• The method for determining the price of the translation service. The latter is invoiced either on a flat-rate basis, on the basis of the time spent, or on the basis of the Service Provider’s rate in force on the day on which the quotation was drawn up, in particular in terms of source words (i.e. words contained in the text to be translated) or target words (i.e. words contained in the translated text) according to the count given by the Service Provider’s software (or any other tool agreed upon), or in terms of lines or pages;
• The deadline for delivery of the translation service;
• The format of the documents to be translated in case of a request for a specific layout of the document;
• Any surcharge applied, in particular as a result of urgency, specific terminology research or any other request resulting from the services normally provided by the Service Provider.

In order to confirm his order in a firm and final manner, the Client must return the quotation to the Service Provider without any modification, either by post or fax signed with the endorsement “approved” when the quotation has been sent to him by fax or post, or by e-mail with the expression of his consent when the quotation was sent to him by e-mail. If acceptance of the quotation is not received, the Service Provider reserves the right not to start work.

If the order is not confirmed in accordance with the arrangements set out above within the time limit indicated in the quotation or, failing that, within three (3) months of the date on which the quotation is sent, the quotation shall be deemed to have lapsed.

The Service Provider reserves the right, after informing the Client, to increase the price of the services and/or to fail to comply with the delivery date set out in the Client’s initial order confirmation, in particular in the following cases:

• Modification or addition of additional documents by the Client after the Service Provider has drawn up the quotation. In this case, the Service Provider reserves the right to adjust the price according to the volume of additional text to be processed as recorded or requested;
• The absence of documents when the quotation was drawn up (if the quotation had to be made on the simple communication of the approximate number of words and an extract of the contents to be processed).

In the absence of express agreement from the Client on these new terms of delivery and/or invoicing, the Service Provider reserves the right not to start the service.

Unless otherwise agreed in the quotation, the costs incurred in carrying out the service (travel, express mail, etc.) shall be borne by the Client.

Any decision to discount, reduce or apply degressive rates, according to a percentage or a fixed amount (per page, line, or hour), remains at the sole discretion of the Service Provider, and only in respect of the service to which it relates. Any discounts or rebates granted to the Client cannot under any circumstances give rise to an acquired right in respect of subsequent services.

In the event that no prior quotation has been sent to the Client by the Service Provider, orders are placed by simple exchange of e-mails and translation services are invoiced in accordance with the basic rate normally applied by the Service Provider or any other rate agreed between the Service Provider and the Client in the e-mail exchange. Any validation by the Client of the deadline communicated by the Service Provider shall be deemed to constitute an order.

3. EVIDENCE

For the purposes of proving the existence of such acceptance of quotations, the Client accepts as equivalent to the original and as perfect proof, fax, e-mail, copy and digital medium.

4. ADVANCE PAYMENT

Any order for which the amount exclusive of tax exceeds EUR 1,000 (one thousand) may be subject to an advance payment, the percentage of which shall be specified in the quotation. In that case, performance of the services shall not begin until the advance payment has been received.

5. DEADLINE FOR DELIVERY

Subject to receipt by the Service Provider of all the documents which are the subject of the translation service, the delivery period, given as a guide and indicated on the quotation, shall apply only if the Client confirms his order in accordance with the procedures laid down in Article 2 above within three (3) working days of receipt of the quotation. After this deadline, the date of delivery may be revised according to the Service Provider’s workload.

6. OBLIGATIONS OF THE SERVICE PROVIDER

The Service Provider shall endeavour to perform the translation as closely as possible to the original and in accordance with the practice of the profession. He shall make every effort to take account of and incorporate in the translation the information provided by the Client (glossaries, plans, drawings, abbreviations, etc.). The Service Provider shall not be responsible for any inconsistency or ambiguity of the original text, and the verification of the technical coherence of the final text is the sole responsibility of the Client.

7. OBLIGATIONS OF THE CLIENT

The Client undertakes to make available to the Service Provider all the texts to be translated and any technical information necessary for their understanding and, where appropriate, the specific terminology required. If the Client fails to inform the Service Provider, he cannot be held liable for any non-compliance or failure to comply with the deadlines.

The Client shall have ten (10) working days from receipt of his translated or revised documents to indicate in writing any disagreement regarding the quality of the service. After that period, the service shall be deemed to have been duly performed and no dispute may be accepted. For this purpose, the customer shall accept as proof of delivery any acknowledgement of receipt by post, fax, or e-mail.

8. CONFIDENTIALITY

The Service Provider undertakes to respect the confidentiality of information brought to his attention before, during or after performance of the service. The originals shall be returned to the Client upon simple written request.

The Service Provider may not be held liable because the information is intercepted or misused when the data are transferred, in particular via the Internet. Consequently, it is the Client’s responsibility to inform the Service Provider, prior to or at the time of the order, of the means of transfer which he wishes to have used in order to guarantee the confidentiality of any sensitive information.

9. FORMAT

The translation is delivered by e-mail in Word format. On request, it may be delivered by fax or in hard copy sent by post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.

10. LIABILITY

The Service Provider’s liability is limited solely to the amount of the invoice concerned.

Under no circumstances may the Service Provider be held liable for complaints based on style nuances.

It is specified that delivery times are given only as a guide; failure to comply with them may not, in principle, lead to penalties for delay. In any event, the Service Provider cannot be held liable for direct or indirect damage caused to the Client or third parties as a result of a delay in delivery due in particular to force majeure or any transport problem.

11. CORRECTIONS AND PROOFREADING

In the event of disagreement on certain aspects of the service, the Service Provider reserves the right to correct it in cooperation with the Client.

When the translation is to be published, the Service Provider must receive the prepress proof for proofreading.

Unless otherwise specified in writing, any correction or proofreading shall be subject to an additional invoice on the basis of the Service Provider’s hourly rate.

12. TERMS OF PAYMENT

Except where special conditions are specified in the quotation, invoices shall be net, without discount and shall be payable at thirty (30) days from the date of issue of the invoice.

In the event of payment by cheque or bank transfer from abroad, all the exchange and bank charges shall give rise either to a flat-rate surcharge specified in the quotation or to a full re-invoicing to the Client.

The translation remains the property of the translator until full payment is made.

As regards professional customers only, it should be noted that in the event of late payment, pending orders are automatically interrupted until full payment is made and the Client is liable, without a prior formal notice being required, in accordance with Article L.441-6 of the Commercial Code, to interest on late payment at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, applied to the amount of the invoice in question, as well as flat-rate compensation for recovery costs of EUR 40.

13. INTELLECTUAL PROPERTY

Before submitting a document for translation to the Service Provider, the Client must ensure that he is entitled to it. He must therefore be the author of the original document or have obtained prior written authorisation for a translation from the copyright holder of the document.

Otherwise, the Service Provider may not be held liable in any way if all or part of the documents entrusted by the Client infringe the intellectual property right or any other right of a third party or any applicable rules. Where appropriate, the customer would bear sole responsibility for any damage and financial consequences resulting from his negligence alone.

Furthermore, the Client acknowledges that the translation produced by the Service Provider constitutes a new document whose copyright is co-owned by the author of the original document and the Service Provider. Consequently, in the case of literary or artistic services, and without prejudice to his proprietary rights in his work, the Service Provider reserves the right to require his name to be mentioned on any copy or publication of his service, in accordance with Article L.132-11 of the Intellectual Property Code.

14. CANCELLATION

In the event of cancellation of an order in the course of completion, whatever the cause, notified in writing to the Service Provider, the Client shall be invoiced for the work already carried out at the rate of 100 per cent (100%) and for the work still to be carried out at a rate of fifty per cent (50%).

15. SETTLEMENT

In the event of any dispute of any kind and before any legal action, the parties undertake to submit to an attempt at conciliation.

The Parties undertake to do their utmost to ensure that this conciliation is all likely to be successful. They undertake to show all necessary good faith. They also undertake not to bring proceedings before a judge within four (4) months following the referral to the Committee and accept that any referral made contrary to this obligation may be considered as a plea of inadmissibility or, failing that, as an obstacle to any amicable settlement of the dispute and justifies payment to the other party of compensation of EUR 1,500 (one thousand five hundred).

16. GOVERNING LAW

These Terms of Service is subject to and shall be interpreted in accordance with French law. In the absence of an amicable settlement in accordance with Article 15 above, the parties shall confer exclusive jurisdiction on the French courts to settle any dispute relating to the provision of services and these Terms of Service, the original French version of which being authentic.

17. LEGAL NOTICE

Mauritian Creole Translations is operated by Hugues Marianne, La Maillerie, 03160 Ygrande, France. Its website is hosted by Netlify, Inc., 2325 3rd Street, Suite 296, San Francisco, California 94107, United States of America, and some data is hosted by Airtable, 799 Market Street, 8th Floor, San Francisco, California 94103, United States of America. Logo character design by Elisabeth Juusu.

18. CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

The Service Provider reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to its website. It is the Client’s responsibility to check this website periodically for changes.

19. CONTACT INFORMATION

Questions about the Terms of Service should be sent to: hello@mauritiancreole.com