Article 1 : Purpose
These General Conditions constitute the entire agreement between Liingo and the Client with regard to the purpose in question. They cancel and replace all other agreements and proposals between the parties, whether prior hereto or not, whether in writing or made orally. These General Conditions may only be amended by a written document signed by both parties and may not be amended or supplemented by terms and conditions of purchase orders issued by the Client. Any order for services placed with Liingo (by fax, email or post, etc.) shall be considered as acceptance without reserves of the following General Conditions.
Article 2 : Orders for translation & interpreting services
Any request for services shall systematically be subject to the preparation of a quotation before work is carried out. The quotation shall be established on the basis of the document supplied by the Client. It shall be sent by fax or email to the Client with an indication of the price, delivery time and terms of payment. Each translation order must be accompanied by a firm order from the Client in the form of a purchase order form or Liingo price proposal signed, dated and stamped (including the name, invoicing address, and telephone number of the company). In the absence of the above Liingo reserves the right not to start work. The Client undertakes to supply the text to be translated in word-processed or printed form. Technical texts shall be accompanied, insofar as necessary, by reference documents supplied by the Client. Technical terms translated will be standardized with regard to definitions included in technical dictionaries or, if applicable, in glossaries supplied by the Client.
In the event of difficulties in understanding the text, in form or substance, the Client undertakes to provide all elements required in order to enable Liingo to carry out the translation. Any request for amendment of the text to be translated must be subject to a detailed written instruction from the Client. Any change in the order which might lead to an amendment of the service shall give rise to an additional invoice being issued. The deadline will be postponed according to the nature of the amendment. Any request for cancellation or postponement of delivery of a service which has been subject to an accepted quotation must be sent, dated and signed, by fax to Liingo.
In this case, Liingo shall be entitled to issue an invoice for 30% of the amount of the accepted quotation, and shall also invoice the number of words already processed before receipt by Liingo of the written cancellation request. Liingo undertakes to provide the Client with the results of the partial service carried out before cancellation and which has been subject to invoicing.
Interpreting services: Any cancellation occurring after a quotation has been accepted by the Client shall be inadmissible. Cancelled services shall be due in full.
Translations are intended for the exclusive use of the Client. Any reproduction for commercial, advertising or other purposes shall be under the Client’s full responsibility.
Orders for interpreting services: The Client undertakes to provide the documents relating to the interpreting services in due time. The Client also undertakes to answer questions raised by Liingo. These documents will be accompanied by any information considered as relevant by the Client. If specific terminology is to be used, the Client undertakes to supply glossaries, dictionaries and/or reference texts.
The price given on the quotation is guaranteed, subject to receipt of the order before the date indicated. If an order is not received within this period, prices may be increased according to the costs generated by the organization of services in urgent conditions. If docu- ments are not supplied within the period given on the quotation, Liingo will invoice charges incurred for urgent postage or couriers that are necessitated in order to send these documents to interpreters in due time. If an order is placed within a period which is insufficient to organize the services requested, or if the documents supplied are insufficient, Liingo reserves the right to refuse the contract and may invoice a handling charge. Any amendment of the service ordered shall be subject to a new agreement. Confirmed quotations shall be due in full. Equipment which is damaged or not returned will be invoiced at the rate given on the quotation.
Delivery costs: Delivery costs for documents concerning the event and the company shall be paid by the ordering party if delivered at a late stage.
Article 3 : Delivery times
Delivery times given on quotations shall be considered as commencing from receipt of the purchase order and the final documents to be translated. These periods are given as an indication only. Accepted quotations returned to Liingo after 5 pm GMT+1 shall be considered as having been received on the following day. If the following day is not a working day, the date taken into account will be the first working day thereafter.
In the event of difficulties in understanding the text, the delivery time will be extended for the duration required to carry out research.
Article 4 : Prices and payment
Liingo prices are expressed in Euros or other currencies and exclude taxes. VAT shall be added in accordance with the regulations in force. The unit used to calculate translations is a word for translation services and a day for interpreting services.
For any services the total amount of which exceeds 10 000€ excluding taxes, the Client will be requested to pay an advance of 30% on the total amount of the order including taxes. For new clients placing a first order the total amount of which exceeds 3 000€ including taxes, the Client will be requested to pay an advance of 30% on the total amount of the order including taxes when the order is placed. Liingo reserves the right, in certain cases, to require full payment when the order is placed.
Except in the case of a specific agreement to the contrary, invoices shall be considered as issued net without discounts and shall be paid within 1 calendar month from the receipt of work. Any delay in payment will lead ipso jure to the invoicing of penalty interest calculated at a rate of one and a half times the legal rate of interest. Liingo reserves the right to interrupt work in progress in the event of late payment.
Any delay or default in payment shall give rise to all sums due by the Client for any reason whatsoever being payable immediately, without any prior formal notice or other formality being required. In all circumstances, the Client shall reimburse costs incurred for the recovery of disputed sums due.
If the Client’s default makes it necessary to carry out recovery on an amicable basis or through litigation, the Client undertakes, in addition to the amount in principal, to pay the costs, fees and incidentals ordinarily and legally incumbent upon them and an indemnity fixed at 15% of the amount in principal including taxes of the claim as contractual and compensatory damages.