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Welcome to our Terms and Conditions   

Last Updated: 01/01/25

By placing an order, the Client fully and unconditionally accepts these Terms and Conditions of Sale, to the exclusion of any other document.

No special condition may override these Terms and Conditions of Sale unless expressly agreed upon in writing and included in a confirmed and finalized purchase order.

If any provision of these Terms and Conditions is deemed invalid or declared as such by a law, regulation, or a final court decision, the validity and enforceability of the remaining provisions shall not be affected.

The performance of any service by the Service Provider (hereinafter Mailys Cardonne EI) constitutes the Client’s acceptance of these Terms and Conditions, superseding any conflicting Terms and Conditions of purchase from the Client. Any contrary condition will therefore, in the absence of express acceptance, be unenforceable against Mailys Cardonne EI, regardless of when they were brought to its attention.

If Mailys Cardonne EI chooses not to enforce these general Terms and Conditions of sale at any given time, it should not be seen as a waiver of the right to enforce them subsequently.

 

Section 1. The Service Provider

Mailys Cardonne EI – SyliamTrad

Represented by Mailys Cardonne

Domiciled at 399 Route de Chazelles, 16410 BOUËX, France.

Email address: mailys@syliamtrad.com

 

Section 2. Placing orders / Quotations

Each order submitted by the Client is generally preceded by a free quote, prepared by Mailys Cardonne EI, based on the documents to be translated, or the information provided by the Client.

The quote sent by the Service Provider to the Client, via post or email, specifies the following:

  • The number of pages or words submitted for translation, revision or proofreading;
  • The language of translation, revision or proofreading;
  • The arrangements for determining the price of the translation service. The latter is invoiced either as a lump sum, or on the basis of the time spent, or according to Mailys Cardonne EI’s rate on the day the quote is prepared. Pricing may be calculated per source word (i.e. by words contained in the text to be translated) or target word (i.e. by words contained in the translated text) based on the word count provided by Microsoft Word (or any other mutually agreed tool), per line or per page;
  • The delivery time of the service;
  • The format of the delivered document if specific layout requirements are requested;
  • Any price adjustments due to urgency, specific terminological research, or requests outside Mailys Cardonne EI’s standard services.

To confirm their order firmly and definitively, the Client must return the quote to Mailys Cardonne EI without any modification, either via post or email, signed to indicate their consent, the letter constitutes agreement and signature of the quote. An email response confirming the quote is also considered valid consent. Without receipt of the Client’s acceptance of the quote, the Service Provider reserves the right not to begin the service.

If the Client does not confirm the order within the timeframe specified on the quote, or within two (2) months from the date the quote was issued, the quote is deemed null and void.

Mailys Cardonne EI reserves the right, after notifying the Client, to increase the rates of the services and/or not to respect the delivery date appearing on the Client’s initial order confirmation, in particular in the following cases:

  1. The modification or addition of documents by the Client after the quote is issued. In this case, Mailys Cardonne EI reserves the right to adjust the rate according to the volume of additional text to be processed observed or requested;
  2. The absence of documents when establishing the quote (if the quote was prepared based on approximate word counts or partial content provided by the Client).

If the Client does not expressly agree to the revised pricing and/or delivery terms, Mailys Cardonne EI reserves the right not to proceed with the service.

Unless otherwise agreed on the quote, the costs incurred for the performance of the service (travel, sending express mail, etc.) will be borne the Client.

Any decision to discount, reduce or apply decreasing rates, according to a percentage or a flat rate (per page, line or hour), remains at the sole discretion of Mailys Cardonne EI, and only for the service to which it relates. Any discounts or rebates granted shall in no case give rise to an acquired right for subsequent services.

In the event that no prior quote has been sent to the Client by Mailys Cardonne EI, orders are placed by a simple exchange of emails and services are invoiced in accordance with the standard rate usually applied by Mailys Cardonne EI or any other rate agreed between the latter and the Client in the exchange of emails. Any validation by the Client of the deadline communicated by Mailys Cardonne EI constitutes an order.

The delivery time, which is provided for informational purposes and indicated in the quote, is applicable only if Mailys Cardonne EI receives all relevant documents and the Client confirms their order in accordance with the terms outlined in Section 2 before the quote expires. After this period, the delivery date may be revised according to the workload of Mailys Cardonne EI.

The translation is delivered by email in Word, Excel or PowerPoint format. Upon request, it can be delivered as a printed document sent by post. Any alternative transfer methods or formats must be expressly agreed between the parties and may involve extra charges.

Mailys Cardonne EI reserves the right to cancel or refuse any order from the Client if there is a payment dispute, whether related to a previous order or not.

 

Section 3. Prices

Prices are determined based on the type of task, hourly rate, or per word and are quoted in euros (€) Only the total price, including all charges specified in a personalized quote, should be considered.

Mailys Cardonne EI reserves the right to adjust rates at any time. However, services in progress will be invoiced at the price applicable at the time the quote and these T&Cs were accepted.

 

Section 4. Payment Terms

Unless otherwise stipulated on the quote, invoices are payable in full, without discount, within thirty (30) days of the invoice receipt date.

Orders can be paid using the following methods:

  • Credit card;
  • Wire transfer;
  • Bank check.

No discount will be granted for early payment.

For payments made via bank check or international wire transfer, any associated exchange and banking fees will either be included as a flat-rate fee specified in the quote or fully re-invoiced to the Client.

Payment is considered complete when the funds have been successfully received by Mailys Cardonne EI. Until full payment is made, all translations remain the property of the Service Provider.

It should be specified that in the event of late payment, pending orders will be suspended until full payment and the Client is liable, without prior notice being necessary, in accordance with Article L.441-6 of the French Commercial Code, for late payment interest calculated 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 a flat-rate compensation for recovery costs of EUR 40.

 

Section 5. Deposit

For any order exceeding EUR 1,000 (one thousand euros), a deposit may be required, with the percentage outlined in the quote. In such case, services will be initiated only upon receipt of the required deposit.

 

Section 6. Corrections and proofreading

In the event of disagreements concerning specific aspects of the service, the Service Provider reserves the right to collaborate with the Client to make the necessary adjustments.

If the translation requires editing, the Service Provider must receive the printing proof for proofreading.

Any revision or proofreading, unless otherwise specified in writing, will be invoiced separately according to the applicable rate.

 

Section 7. Cancellation

If an order in progress is cancelled, for any reason, and notified in writing to Mailys Cardonne EI, the completed work will be invoiced at 100 % (one hundred percent) and the remaining work at 50 % (fifty percent).

 

Section 8. Obligations of the Service Provider

Mailys Cardonne EI is committed to delivering translations that faithfully reflect the original content and adhere to industry best practices. She makes every effort to incorporate into the translation and consider the information provided by the Client (glossaries, plans, drawings, abbreviations, etc.). Mailys Cardonne EI disclaims any liability for any inconsistencies or ambiguities in the original text, the Client assumes full liability for verifying the technical accuracy of the final text.

 

Section 9. Obligations of the Client

The Client undertakes to provide Mailys Cardonne EI with all necessary texts for translation, revision or proofreading, along with any technical information required to ensure accurate comprehension and, where applicable, the specific terminology required. If the Client fails to fulfill their obligation to inform Mailys Cardonne EI, she will not be held liable for any non-compliance or delays.

The Client has 10 (ten) working days from the date of the receipt of the translated, revised or proofread documents to raise any concerns about the quality of the service in writing. After this period, the service will be deemed fully executed and accepted, and no further disputes will be entertained. For this purpose, the Client agrees that any acknowledgment of receipt sent via post, fax, or email will be accepted as proof of delivery.

 

Section 10. Confidentiality

The Service Provider undertakes to respect the confidentiality of any information disclosed before, during, or after the delivery of the service. The originals are returned to the Client upon a written request.

The Service Provider cannot be held liable for interception or misuse of information during data transfer, particularly via the Internet. Therefore, it is the Client’s responsibility to inform the Service Provider, either before or at the time of the order, about the preferred transfer methods to ensure the confidentiality of any sensitive information.

 

Section 11. Liability

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

Mailys Cardonne EI shall in no case be held liable for claims related to nuances of style.

Delivery deadlines are provided as estimates only, failure to meet these deadlines will generally not result in any penalties for delay. The Service Provider shall not be liable for any direct or indirect damages incurred by the Client or third parties due to delivery delays, including but not limited to those caused by force majeure events or routing problems.

 

Section 12. Intellectual property

Before submitting a document for translation to Mailys Cardonne EI, the Client must ensure he has the legal right to do so. This means that he must either be the author of the original document or have obtained prior written consent from the copyright holder for its translation.

In the absence of such authorization, Mailys Cardonne EI cannot be held responsible if all or part of the documents provided by the Client infringe upon intellectual property right, third-party rights, or applicable laws. In this case, the Client bear full responsibility for any damages and financial repercussions resulting solely from their negligence.

Moreover, the Client acknowledges that the translation produced by Mailys Cardonne EI constitutes a new document whose copyright is co-owned by the author of the original document and Mailys Cardonne EI. Consequently, for literary or artistic works, and without prejudice to its economic rights over the translation, Mailys Cardonne EI reserves the right to request that her name be credited on any copy or publication, in accordance with Article L.132-11 of the French Intellectual Property Code.

 

Section 13. Disputes

Before initiating any legal proceedings, the parties agree to seek resolution through conciliation in the event of any dispute.

To initiate this process, upon the occurrence of the disputed event, the parties agree to jointly submit the matter to the SFT Arbitration Committee via registered letter, with a copy of the letter sent to the other party.

The parties commit to making every effort to ensure that the conciliation process has the best possible chance of success. They undertake to demonstrate the utmost good faith necessary for the process. They also undertake not to refer the matter to a court within 4 (four) months following the referral to the Committee and admit that any referral made contrary to this obligation may be deemed as a plea of inadmissibility or, failing that, as an obstacle to any amicable settlement of the dispute and could lead to a compensation of EUR 1,500 (one thousand five hundred euros).

 

Section 14. Governing Law – Competent jurisdiction

These Terms and Conditions are subject to and shall be interpreted in accordance with French law. In the absence of an amicable settlement as outlined in Section 13 above, the parties consent to the exclusive jurisdiction of the French courts for resolving any disputes concerning the service and these Terms and Conditions.