TERMS AND CONDITIONS
These general terms and conditions for the provision of services set out the rights and obligations of ACCURACY VALUE SARL, a company registered with the Commercial Court of Casablanca (Morocco) under number 302103 and tax identification number 15163007, hereinafter referred to as the “Vendor”,
on the one hand,
and any natural or legal person wishing to benefit from its services (the “Client”), on the other hand.
1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS – ENFORCEABILITY
The Client’s full and unequivocal acceptance of these general conditions for the provision of services, to the exclusion of any other document, is implied by any order placed.
No special term and condition may, except for formal and written exception appearing in the purchase order that has become firm and final, prevail over these general terms and conditions for the provision of services.
The performance of any service by the Vendor is deemed to be acceptance by the Client of these terms and conditions, as well as the waiver of the Client’s own purchase terms and conditions. Therefore, any contrary condition, in the absence of express acceptance, will be inapplicable to the Vendor, irrespective of the time at which it was brought to its knowledge.
The fact that the Vendor does not avail itself at a given time of any of these terms and conditions for the provision of services cannot be interpreted as a waiver to avail itself of any of them at a later date.
2. ORDER PLACEMENT/QUOTATIONS
Each Client’s order is usually preceded by a free quotation, prepared by the Vendor based on the documents to be translated or the information provided by the Client.
The quotation sent by the Vendor to the Client, by mail, fax or e-mail, specifies in particular:
- The number of pages or words for translation;
- The language of translation;
- How the price of the translation service is determined. The latter is invoiced either on a flat-rate basis, or according to the time spent, or according to the Vendor’s current price list on the day the quotation is drawn up, in particular per source word (i.e. per word contained in the text to be translated) or per target word (i.e. per word contained in the translated text) according to the count proposed by the Microsoft Word program (or any other tool agreed upon by both parties), per line or per page;
- The delivery time of the translation service;
- The format of the documents to be translated in case a specific layout of the delivered document is requested;
- Price increases applied, in particular, due to an emergency, the search for specific terminology or any other request apart from the usual services provided by the Vendor.
3. PURCHASE ORDER
The Client must confirm the order by providing the Vendor with a signed and stamped purchase order, either by mail, fax, or e-mail. The Vendor must have all the equipment necessary to fulfill the order by the start of the order. The Vendor will not be liable for delays or errors caused by a defective, incomplete, or unclear purchase order. If the Vendor has not received the purchase order, the Vendor reserves the right not to start the service.
If the Vendor has not received confirmation of the Client’s order pursuant to the methods defined above within the period indicated in the quotation or, failing that, within three (3) months from the date of sending the quotation, such quotation will be considered invalid.
The Vendor reserves the right, after notifying the Client, to increase the rates for the services and/or to not respect the delivery date indicated in the Client’s initial order confirmation, if:
- After the Vendor has issued the quotation, the Client has amended or added documents. In this case, the Vendor reserves the right to adjust the fee according to the volume of additional text to be processed, as indicated or requested;
- The absence of documents at the time the quotation was prepared (if the quotation had to be prepared by simply disclosing the approximate number of words and an extract of the content to be processed).
If the Client does not expressly accept these new delivery and/or billing terms and conditions, the Vendor reserves the right not to start its services.
Any decision to grant a discount, a reduction or apply decreasing rates, according to a percentage or a fixed price (per page, per line or per hour), is at the sole discretion of the Vendor, and only for the service concerned. Any discount or rebate granted to the Client will not create a right to subsequent discounted services.
If the Vendor has not sent the Client a quotation in advance, orders will be placed by a simple exchange of e-mails and the translation services will be invoiced according to the basic rate usually applied by the Vendor or any other rate agreed between the Vendor and the Client in the exchange of e-mails. Client validation of the deadline communicated by the Vendor will constitute a purchase order.
4. DELIVERY TIME
Provided that the Vendor receives all the documents to be translated, the delivery date given as an indication and mentioned in the quotation will only apply if the Client confirms its order in accordance with the terms and conditions set forth in Article 2 above within three (3) working days after receipt of the quotation. After this period, the delivery date may be revised depending on the Vendor’s workload.
All time references refer to the time of the country in which the order was placed.
5. VENDOR’S OBLIGATIONS
The Vendor will endeavor to make the translation as faithful as possible to the original and in accordance with the practices of the profession. The Vendor will make every effort to take into account and integrate into the translation the information provided by the Client (glossaries, plans, drawings, abbreviations, etc.). The Vendor will not be liable for any inconsistencies and/or ambiguities in the original text, as the Client is solely responsible for verifying the technical consistency of the final text.
6. CLIENT OBLIGATIONS
The Client agrees to provide the Vendor with all the texts to be translated and all the technical information necessary for their understanding and, where appropriate, the specific terminology required. If the Client fails to inform the Vendor, the Vendor shall not be liable for non-conformity or failure to meet deadlines.
The Client will have ten (10) working days from the receipt of the translated or revised documents to express in writing any disagreement with the quality of the service. After this period has elapsed, the service is deemed to have been duly performed and no dispute can be accepted. To this effect, the Client agrees to consider as proof of delivery any acknowledgment of receipt by mail, fax or e-mail.
Without the express consent of the Vendor, the Client may not contact the translator either for the current order or for subsequent orders. In the event that it is necessary to contact the Translator, the Vendor will act as an intermediary between the Client and the Translator.
The Vendor agrees to respect the confidentiality of the information brought to its attention before, during and after the provision of its services.
All freelance translators and other employees working with the Vendor have signed a confidentiality agreement and must therefore keep all information related to any order confidential.
The Vendor will not be liable for the interception or misappropriation of information during the transfer of data, in particular via the Internet. Therefore, it is the Client’s responsibility to inform the Vendor, before or at the time of the order, of the preferred means of [data] transfer to be used to ensure the confidentiality of any sensitive information.
8. DELIVERY FORMAT
The translation is delivered by e-mail in Word format. If requested, it can be delivered by fax, or a hard copy can be mailed. Any other means of transfer or format must be expressly agreed between the parties and may be subject to an additional charge.
The Vendor’s liability is limited to the amount of the corresponding invoice.
The Vendor will not be liable for any claims based on stylistic nuances.
It is specified that delivery deadlines are given as an indication only, failure to meet them cannot, in principle, lead to penalties for delay. In any case, the Vendor will not be liable for any direct or indirect damages caused to the Client or third parties as a result of a delay in delivery due to an event of force majeure, or any delivery problem.
The Vendor will only be liable for damages caused by its own negligence and in a direct and demonstrable manner.
The Vendor will not be liable for damages caused by the forced suspension of our activities, especially, but not limited to, events of force majeure, e.g., due to natural phenomena, pandemics, traffic disturbances, network or server problems or disturbances during data transfer. In such cases, the Vendor reserves the right to cancel the order in whole or in part.
10. TRANSLATION ERRORS
The following points may constitute translation errors:
- Grammatical and spelling errors.
- Untranslated parts.
- Translations whose meaning is completely wrong.
The following items are not considered translation errors:
- Questions of style and taste.
- Errors due to ambiguities in the original text.
- Differences in the terminology used (unless the Client has provided a list or specific information in this regard).
11. PAYMENT TERMS
Unless otherwise specified in the quotation, invoices are net, undiscounted and payable according to the method indicated in the quotation.
Any order exceeding MAD 5,000 (five thousand Moroccan Dirhams) may require a deposit, the percentage of which is specified in the quotation. In this case, performance of the services will not commence until the deposit has been received.
All bank fees that apply to international wire payments will be charged at a flat-rate surcharge specified in the quotation or will be invoiced in full to the Client.
The translation remains the property of the Translator until full payment is received.
It should be noted that, for professional clients only, in the event of late payment, orders in progress are automatically suspended until full payment is made and the Client is liable, without the need for prior notice.
Once the order is completed, the invoice will be sent and delivered to the Client by e-mail, in person or by mail.
11. INTELLECTUAL PROPERTY
Before submitting a document for translation to the Vendor, the Client must ensure that he/she/it is entitled to do so. The Client must be the author of the original document or have obtained prior written authorization from the copyright holder of the document.
Furthermore, the Vendor will not be liable in any way if all or part of the documents entrusted by the Client violate the intellectual property right or any other right of a third party or any applicable regulation. In such a case, the Client will be solely liable for damages and financial consequences arising from its negligence.
Furthermore, the Client acknowledges that the translation made by the Vendor constitutes a new document whose copyright is jointly owned by the author of the original document and the Vendor. Consequently, in the case of literary or artistic services, and without prejudice to its economic rights over its work, the Vendor reserves the right to require that its name be mentioned in any copy or publication of its service.
The Vendor uses anti-virus software and firewalls to protect against computer attacks, but is not liable for damages caused by any contamination of the Client’s computer equipment by viruses, worms, Trojan horses, spyware, etc. The Client is responsible for checking that the data do not contain any virus or malicious code before sending it to the Vendor. Furthermore, the Client agrees to verify that the data received from the Vendor are clean before using it. If its files are infected, the Vendor reserves the right to cancel the order in whole or in part.
The Vendor will not be liable for the use of the product.
The Vendor will not be liable for damages caused by the unverified sale or assignment of the product or service to third parties.
Complaints must preferably be made within two (2) weeks of delivery, but by no later than one month.
If the Client considers the translation to be defective, he/she/it will be entitled to demand a revision. Paragraph 10 of these general terms and conditions explains what comprises a defective translation.
Any errors in the translation must be indicated and supported. If the complaint is well-founded, the Vendor will have the work corrected and, if necessary, offer a reduction for the inconvenience.
The Vendor will not be liable for errors made due to ambiguous or faulty wording of the source text.
The ambiguity of the original text exempts the Vendor from any liability.
The Client will be responsible for deficiencies due to errors in its own terminology.
The right of rectification and revision expires ten (10) days after the order has been delivered.
If the Vendor is notified in writing of the cancellation of an order in progress for any reason, the Client will be charged 100% (one hundred percent) of the work already performed.
14. AMICABLE AGREEMENT
The parties agree, in the event of a dispute of any nature whatsoever and prior to any legal action, to submit to an attempt at conciliation.
The parties agree to make every effort to ensure that this conciliation has every chance of success. They agree to act in good faith.
15. APPLICABLE LAW – COMPETENT JURISDICTION
These general terms and conditions are subject to Moroccan law and must be so interpreted. If any dispute cannot be amicably resolved, the parties grant exclusive jurisdiction to the Moroccan courts to resolve any dispute relating to the provision of the service and these terms and conditions.
16. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
The Vendor reserves the right to amend these general terms and conditions of sale at any time and without prior notice. The Vendor further agrees to ensure that the Client always has access to the updated terms and conditions of sale by publishing them on its website.