Terms and conditions
The present Terms and Conditions set forth the terms and conditions upon which Clients shall order translation, editing, QA, terminology, proofing, linguistic and/or consulting services (“Services”) from Baguette.
1. Ordering process and Relationship
Once the Client has submitted the materials to translate for evaluation, BAGUETTE issues a quote detailing the price and turnaround time related to the translation job. Upon written acceptance of the quote, BAGUETTE starts the translation process. Any change made to the order during the translation process may affect the quote's pricing and/or turnaround time. BAGUETTE's Project Manager will inform the Client of the expected impact.
Placing an Order with BAGUETTE does not create any partnership, joint-venture or association of any kind between the Client and BAGUETTE. The acceptance of the quote only defines a subcontracting relationship between the Client and BAGUETTE, the provider.
In case of cancellation by the Client before the job is completed and delivered, BAGUETTE will be entitled to payment of the expenses incurred. If the cancellation happens after the translation cycle is completed but before the job is delivered, BAGUETTE will be entitled to the full payment of the original Project Order.
An invoice stating applicable payment terms is sent to the client after delivery of the project on the completion of each project. BAGUETTE is entitled to request late payment fees of up to 3% per day if full payment is not made within 7 days of the due date.
BAGUETTE shall make every reasonable effort to provide quality translations. While we expect the highest standards of quality from our staff and providers, BAGUETTE cannot guarantee 100% error-free translations. However, any objective and observable mistake relating to spelling, grammar, accuracy, and terminology will be corrected at no charge. BAGUETTE cannot be held liable for stylistic differences in relation with the Client's documentation, unless the Client has provided BAGUETTE with a styleguide.
3. Intellectual Property rights
Until and unless full and final payment for the services provided, BAGUETTE shall hold the reproduction rights of all translated documents and files, whether in whole or in part, in accordance with the French intellectual property code. In the case of non-payment, any use, representation, or reproduction of the said translation, whether in whole or in part, shall remain unlawful. BAGUETTE reserves the right to take any and all necessary judiciary means in order to protect its IP rights.
Any complaint related to a completed job or invoice must be received in writing by BAGUETTE within 30 days from the invoice date. Past this period, complaints will be rejected automatically. To be receivable a complaint must be filed in writing and with specific details that clearly point out the defect or the deficiency which the complaint is about. Vague and unspecific complaints will not be addressed. BAGUETTE will address the complaint within 7 business days and confirm receipt in writing. In case the complaint is found to be justified, a correction will be made by BAGUETTE at no charge within a reasonable timeframe.
BAGUETTE is not liable for errors and mistakes originating from the source texts.
In any case, BAGUETTE is not liable for direct, indirect, special, incidental, and consequential damage or loss, or lost profit which may occur as a result of defects or deficiencies. The liability of BAGUETTE is limited to the amount billed for the service that has caused the damage. In cases of extreme negligence or wrongful intent by BAGUETTE, the liability of BAGUETTE is limited to two times the amount billed for the service. The liability of BAGUETTE can only be sought in cases of direct damages or losses that were foreseeable when the project order was accepted. If the client is insured against such damages, the amounts of BAGUETTE's liability mentioned here above are to be divided by two.
The Client assumes in particular all responsibility with regard to the respect of Copyrights laws anywhere in the world. BAGUETTE's liability shall not be sought in case of copyright infringement in relation with the translation of materials ordered by the Client.
6. Force Majeure
Notwithstanding any other provision, BAGUETTE shall not be liable for failure to meet its obligations in case of Force Majeure event such as but not limited to war, fire, flood, governmental or political action, acts of God, labor disputes, breakdown of communication networks, power outages, or any other causes beyond the reasonable control of BAGUETTE. In the event of any such occurrence, the time period for BAGUETTE performance of the Order shall be correspondingly extended.
7. Legal Disputes and Litigation
Any legal dispute or litigation arising out of or in connection with this Agreement between BAGUETTE and the Client will be settled by the Court of Commerce of Jerusalem, Israel, under Israeli law.