These General Terms and Conditions (GT&C) define the terms of the contract for translation or similar services entered into between the company Lexcellence traductions, a sole proprietorship represented by Lara Quinche (the Translator) on the one hand and her client (the Client) on the other, insofar as reference is made to these GT&C on entering into the contract and subject to any specific agreements between the Parties.
For ease of reading, any reference to the masculine shall be taken to include both men and women.
- Scope of services
The Translator undertakes to translate the source text with due care, without any omissions or additions, and to deliver it within the agreed time frame.
If the Client does not provide any specific instruction as to the form in which the translation is produced (electronic or paper format, presentation or font), the Translator shall refer to the source text.
The Translator may use the services of third parties to perform the contract, or entrust its entire performance to third parties insofar as the latter undertake to maintain confidentiality in accordance with point 8.
- Role of the Client
The Client shall provide the Translator with any available information that may be necessary or useful for the translation (for example, internal glossaries, parallel texts, illustrations, tables, etc.).
The agreed fees or basis of calculation agreed for fees (per line, word, character, hour or a fixed fee) shall apply. Value-added tax shall be invoiced in addition as applicable.
Where neither fees nor a basis for calculation have been agreed, the usual rate per line of the target text (standard line of 55 to 60 characters, including spaces) for this degree of difficulty of translation shall be deemed to be agreed.
All fees shall remain payable by the Client even if they withdraw from the contract prior to receipt of the translation. If fees per line, word or character have been agreed, fees for the untranslated section shall be calculated on the basis of the source text and not the target text. If fees per hour have been agreed, the Translator shall make a reasonable estimate of the time it would have taken to translate the untranslated section. She shall deduct from the fees only such costs that have not been incurred as a consequence of early termination of the contract and the amount she has earned from other contracts completed during the time freed up as a result of the termination, or which she has deliberately chosen not to earn.
Except in the event of payment in advance or if otherwise agreed, fees must be paid by the date shown on the invoice, which must be within 10 days. After this, the Client shall be deemed to be in arrears and the Translator shall be entitled to claim late interest of 5% and to invoice costs of CHF 20.00 per reminder.
- Subsequent amendments and additional work
Should the Client make anything other than minor amendments to the source text after submitting it to the Translator, the Translator shall be entitled to request that the delivery deadline be extended as a result. Furthermore, the Translator shall be authorised to claim an hourly fee for the extra work completed in addition to the agreed fees. Similarly, work that goes beyond translation in the strict sense of the term, such as checking proofs, shall be invoiced at an appropriate hourly rate.
- Rights of the Client in respect of the defects guarantee
The Client is entitled to the removal of defects in the translation free of charge, where defects are defined solely as serious errors of content. Said right must be exercised within a period of 30 days from delivery of the translation, specifying the defects and granting the translator a reasonable period of time to correct them.
Should the translation still contain defects after it has been corrected, the Client shall be entitled to request a further reworking within a period of 30 days from the second delivery or an appropriate reduction in the fees. No other rights exist in respect of the defects guarantee.
Rights in respect of the defects guarantee shall expire unless the defects are reported within 30 days of delivery of the translation. If the defects are reported within the permitted time frame, rights in respect of the defects guarantee shall be time-barred one year after initial delivery of the translation.
- Limitation of liability
Compensation for breach of contract by the Translator shall be limited to intentional cases or gross negligence and, if applicable, shall require defects to be reported within the permitted time frame.
- Confidentiality / Data protection
The Translator undertakes to treat the Client’s documents, in particular the source text, as confidential.
Unless expressly stated to the contrary, the Translator shall be entitled to consider that the Client accepts electronic processing and unencrypted transmission of the translation via the internet. As a result, the risks related to data protection and risks of data modification and loss incurred shall be accepted by the Client.
The Client grants the Translator the necessary rights to translate the source text. The Client warrants that it holds such rights and shall indemnify the Translator should she be the subject of proceedings by third parties in this respect.
In respect of the copyright created by the translation, the Translator shall grant the Client the right to use the translation for the purpose identified by them on entering into the contract. Any other use shall require the consent of the Translator, which she shall not refuse provided said use respects the moral rights of the author and is appropriately remunerated.
Where it is customary for the type of text concerned, the Client shall duly mention the name of the Translator if the translation is published.
The Client may amend the translation. Except in the case of insignificant amendments, the Client must inform the translator, who shall be entitled to waive the right to mention of her name.
The Translator shall be entitled to use the source text and the target text and any documentation provided by the Client as working tools for the purpose of producing glossaries, word lists or blocks of text in an anonymous form to use in translation memories and/or to send to third parties.
- Applicable law / Jurisdiction
The Client and the Translator are invited to reach an amicable settlement of any disputes arising under the contract. Attempted reconciliation shall not be a prerequisite for filing a claim.
The contract between the Client and the Translator shall be subject to Swiss law. Sole jurisdiction shall be assigned to the place of residence, registered office or place of business of the Translator (as defined in article 5 of the Swiss Civil Jurisdiction Act (Loi sur les fors).
Lausanne, February 2015