GENERAL TERMS OF SALE

These terms of sale are deemed to be accepted on placing the order. These general terms of sale prevail over any general terms of purchase.générales d'achat.

1. Orders

A purchase order must be issued for all services. No work shall be started without an express order confirmed in writing. The purchase order is drawn up on the basis of a cost estimate based on the estimated volume of the document to be translated. By accepting this purchase order, you are deemed to be placing the order.

2. Order cancellations

Cancellation of an order, in whole or in part, cannot be accepted without our written consent.

3. Undertakings of the customer

Content shall be provided by the customer, either printed or typed, in paper or digital format, to the exclusion of any other format. It shall be accompanied by any information considered relevant by the customer and by any background information required for a good grasp of the content. If specific terminology needs to be complied with, the customer agrees to provide glossaries, lexicons and/or reference materials. The customer undertakes to provide the content to be processed in due time and to make no changes to it during the project. The customer also agrees to answer the technical questions raised by POWERLING.

4. Prices

The prices applicable at the time of placing the order are based on the price list issued by the vendor. The price list may be adjusted in response to changes in economic conditions, subject to applicable price regulations. Prices are generally stated exclusive of taxes. Any taxes, duties, fees or other amounts of any kind to be paid pertaining to the provision of the agreed service shall be borne by the buyer. In the event of difficulties arising from poorly written texts, handwritten texts, excerpts in isolation, fragmented texts, words out of context, tables, tables of contents, lists, spare parts lists, photo captions, plans and drawings, or translations from "audio" media, a special premium rate shall be specified in the cost estimate.

Services

POWERLING undertakes to fulfil the order to the best of their knowledge and abilities and with the required expertise, in light of the objective specified by the customer regarding the content to be processed by POWERLING. With regards to localisation services, we offer three different levels of quality:

Professional

Translation by a native resource + quality control by a linguist

Gold

This level is ISO 17100 certified. Same services as the "Professional" level + revision by a second native translator.

Premium

This level is ISO 17100 certified. Same services as the "Gold" level + revision by a subject matter expert.

5. Obligations of POWERLING

POWERLING undertakes to have any service they accept to provide performed by professionals. In accordance with contract law, the service provided must be of fair quality, in keeping with good practices. POWERLING undertakes to keep confidential all documents entrusted to their care. POWERLING also agrees to perform a quality control and/or a revision of the content produced.

6. Payment terms

Invoices are payable in full within 30 days net and without discount. Any late payment automatically gives rise to the application of late payment interest of 6.18% due as from the day following the date of payment. In the event of late payment, a fixed compensation of €40 shall be applied for the recovery costs. Furthermore, if the recovery of amounts due requires the intervention of an agent or the initiation of legal proceedings, the amount due shall be increased by 10% as a penalty clause, to which the amount of the expenses incurred shall be added. For a customer's first order and for any amount exceeding €1,500 excluding tax, a 50% down payment shall be paid when placing the order. In the event of cancellation of the order, the cancellation fees shall be equal to the cost of the service.

7. Deadlines

POWERLING shall take all necessary steps to ensure fast and safe delivery of the work performed, within the deadlines specified in the cost estimate provided to the customer. Delivery lead times are given for information purposes only and without obligation on our part, unless a specific date has been formally agreed with the customer. Delays in delivery cannot be relied upon by the buyer to refuse the services provided. POWERLING cannot be held liable for late delivery or for total or partial non-performance of orders, in particular in the following circumstances:

• A. in the event that the payment terms stipulated in our order confirmation have not been complied with by the buyer;
• B. in the event that the information required for the performance of the order was not received by us in due time;
• C. if the delay in delivery or the non-performance of the order results from: an act of state, a strike, an accident, a fire, a natural disaster, a civil or foreign war, a riot, the impossibility of obtaining supplies, late delivery by our own suppliers or by the carrier, or any other cause beyond our reasonable control.

In the event that the customer has stipulated very tight deadlines that have been expressly accepted by POWERLING, increased emergency rates shall be applicable and specified in the cost estimate. The date of departure from POWERLING's place of business is deemed to be the delivery date.

8. Delivery method

The choice of delivery method belongs to the customer. If the customer does not take possession of the documents at POWERLING's place of business, any other document sending method shall be billed to the customer. POWERLING cannot under any circumstances be held liable for delays in delivery by fax, by post and by other means of delivery. Under no circumstances may a complaint justify the retention of all or part of the payment. The customer cannot seek any compensation from POWERLING. POWERLING's mission is limited to managing the submitted content. POWERLING shall not be liable when the source content does not enable a good grasp or understanding of the project or when the deadlines cannot be met due to an event of "force majeure". POWERLING's liability is limited to the amount of the corresponding invoice or to the total value of the contract.

9. Complaints

Complaints of any kind must be duly substantiated and filed in writing (by registered mail) within eight days of the delivery of the service. After that time, complaints shall no longer be taken into consideration. Only the date of departure from POWERLING's offices shall be taken into account. Any complaint must be accompanied by the documents required for POWERLING's assessment (source document, translated document, nature of the corrections made by the customer and, generally, any document that may contribute to the soundest judgement).

10. Liability

Mere imperfections observed in part of the document/content cannot call into question the service provided as a whole. In such a case, changes shall be made by POWERLING as quickly as possible. Any imperfection noted in work performed in urgent circumstances can only give rise to a complaint if it is of a serious nature and if the customer proves that they have suffered a financial loss. POWERLING can under no circumstances be held liable for any damage sustained in relation to the content of the text translated on behalf of a customer or to the terms used for this translation. Any circulation and use of this text by the customer remains the sole responsibility of said customer. The customer guarantees to POWERLING that they hold all the rights and powers required to process and modify the transmitted documents. The customer agrees to hold safe and harmless the providers from any proceedings, action, loss or damage resulting from an infringement of this guarantee. It is understood that the content is protected under copyright law and cannot be reproduced or otherwise used in infringement of the copyright held by the provider. The ownership of the work remains with the customer. For this purpose, the provider transfers to the customer all rights to the content produced (with the exception of TV broadcasting or advertising purposes): right of reproduction, of use, of ownership, of adaptation.

11. Suspension of payments - bankruptcy

In the event that the buyer should at any time, before or after the delivery of any services that have not been paid in full, cease their payments, have a petition in bankruptcy, bankruptcy proceedings or a petition for judicial administration filed against them, the sale shall be immediately and automatically cancelled upon the occurrence of any of these events, unless we notify the buyer of our decision to maintain the sale. The buyer has the obligation to alert POWERLING as soon as they are put into liquidation.

12. Insurance

It behoves to the customer to insure the original documents and the media sent to POWERLING.

13. Applicable law and competent jurisdiction

Any dispute relating to our services or their payment shall be resolved according to French law and falls within the exclusive competence of the Tribunal de Commerce de Lille (59000) (Lille commercial court) in France, even in the event of multiple defendants or the introduction of third parties. This clause also applies to international contracts, French law being applicable as substantive and procedural law. The delivery or payment methods do not constitute a novation, nor a derogation to this jurisdiction clause. In the event of a conflict between these terms of sale and the terms featuring on the buyer's orders, only these general terms of sale shall apply.

14. Data processing

POWERLING undertakes to process with utmost confidentiality the personal data entrusted to their care. These data are mainly, but not limited to: the contact details of the persons placing the orders for the customer, the contact details or personal information contained in the documents to which the service performed by POWERLING relates. The use of these data is strictly limited to the performance of the service and business relationship management. Individuals have the right to request the deletion of their data.

In accordance with the General Data Protection Regulation (GDPR) and with applicable laws, we undertake to safeguard the confidentiality and safety of the personal data that we collect and process. We have put in place appropriate technical and organisational security measures in order to protect your personal data against any destruction, loss, alteration, disclosure or unauthorised access. We reserve the right to modify this clause at any time.