TERMS AND CONDITIONS

SECTION 1: AIM AND ACCEPTANCE OF TERMS AND USE CONDITIONS

The present terms and conditions apply to the contractual relationship between the Agency CAPWELL-TRANSLATE Capwell-translate domiciled in France and any Client with the age of majority. No terms or conditions other than those set out herein nor any variation thereof shall be binding on the Agency unless otherwise specifically agreed in writing by The Agency's Director. These Terms and Conditions shall be incorporated in every quote, acceptance and contract for Work by us subject to the foregoing; any terms or conditions proposed by the Client are hereby excluded. (https://capwell-translate.com/).

Therefore, a quote is valid and admissible only after express, full and complete acceptance, without any restriction, of these terms which can be modified or supplemented at any time by the Agency. The Client is invited to consult them regularly, and consequently, shall refrain from any possible transgression. Otherwise, failure to comply with these conditions will result in the contract revocation, or even assuming the damage committed by a Client.

The changes are functional as soon as put online and are not applicable to any previously concluded Contract or Service purchase. The acceptance by the Client is materialized by the electronic signature (owning the same legal value as handwritten one) or the simple sending of a quote request.

A client must be at least 18 years old.

The present terms are subject to French law and prevail over any other provisions.

 

SECTION 2: AGENCY IDENTITY

Company name: Microentreprise (translation and interpreting Agency)
Téléphone : 01 85 47 15 38

Email : contact@capwell-translate.com

Website: https://capwell-translate.com
Intra-Community VAT no.: FR 17 533546982
SIRET: 533 546 982 00042

 

SECTION 3: AGENCY SERVICES

The services the Agency offer are:

 

  • Translation services in English – French;
  • Interpreting services in English – French;
  • Proofreading and content reviewing in English – French;
  • Creation of content, documents and media in English – French;

 

SECTION 4: FUNCTIONING, OFFERS AND CONTRACTS

How do we work ? After the submission of a quote request by any means the Client deems most appropriate (email, postal service or handed directly in person to an Agency Representative), each request for work is analyzed by the Agency according to the workload and complexity of the task to be carried out.

Once made by CAPWELL-TRANSLATE, the quote is communicated to the Client electronically or by mail in the contact information provided during the estimation request and according to the means chosen by the Client.

When the Client approves in writing an offer, the contract is considered effective and comes into effect. If the Client does not indicate a third party for which he is acting, the person who formalized the written acceptance is considered to be the Client. CAPWELL-TRANSLATE has a right of withdrawal in case of unfeasibility of the sought Work.

For delivery, if the Agency does not indicate any specific date, the Work should be delivered to the Client as soon as possible, with consideration to difficulties and the Work's size. In case of delayed delivery, the Client can ask to cancel the contract uniquely after having claimed correction of the problem that caused the delay.

The tariffs correspond to a given Work and are understood in price without VAT and are communicated to the Client before starting the Task. If the Client wishes to make changes, this may entail additional costs and a review of the initially financial estimate. The payment of an offer is made in full prior to the commencement of the agreed Work. Under the assumption that the Client records a delay in payment, he will be liable to pay additional fees.

Les délais de paiement ne peuvent en aucun cas dépasser les délais légaux suivants : 60 jours à compter de la date de facture ou 45 jours fin de mois à compter de la date d’émission de la facture.

Cet encadrement des délais de paiement est prévu par l’article L 441-6 du Code de commerce.

A défaut, des pénalités de retard peuvent être appliquées. En principe, une pénalité de 3 fois le taux d’intérêt légal exigible (Décret 2009-138 du 9 février 2009). Pour les professionnels, une identité minimum forfaitaire de 40 euros pour frais de recouvrement sera exigible (Décret 2012-1115 du 9 octobre 2012).

 

SECTION 5: OBLIGATIONS AND RESPONSIBILITIES

It is strictly forbidden to commit any violation of the legal rules in force, to publish false information or to disseminate a third party's personal data. Any abusive publication or usurpation of a third party's identity is prohibited by law and the responsibility of the author of such violations may be sought in violation of his legal.

CAPWELL-TRANSLATE.COM is exclusively a communication platform on our Offers and Services.

 

SECTION 6: PROTECTION OF PERSONAL DATA AND MANAGEMENT OF COOKIES

6.1 PERSONAL DATA

The personal data are protected by law No. 78-87 of Juanary 6, 1978, law No. 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European directive of October 24, 1995.

As such, the Client can exercise the right of access, opposition, modification and deletion of his personal data by sending an e-mail to contact@capwell-translate.com or by sending a request to the address: 360 RUE DANIEL BLERVAQUE 78955 CARRIERES SOUS POISSY.

By virtue of Decree No. 2007-451 of 25 March 2007 for the application of the aforementioned law of January 6, 1978, all requests for access to personal information must be made in writing, signed and accompanied by a copy of the identity document bearing the signature of the site user or the Agency's Client. This request must mention the address to which the reply is to be sent. The Agency shall have the obligation to formulate a reply within two months of receipt of the request.

The Agency and its site may collect personal data, when a user submits a request for quote, validates an order, formalizes a claim, addresses a request for information, or simply makes use of the functionalities of the site: categories, forms, pages, headings... or accepts cookies that are then saved to personal storage spaces.

It should be noted that only the Client is responsible for the data he communicates, especially in terms of accuracy and completeness.

The purpose of collection and processing of personal data is subject to:

– processing authorisations in accordance with the laws in force;

– the agreement of the person concerned by the data collection;

– the need to retain such data for a reasonable and necessary period of processing, at the end of which the personal data must be deleted;

– a security obligation of the Client's data.

 

The purpose of the data collection is to:

– communicate quotes to Clients;

– compile statistics;

– recognise abusive behaviour when using the site;

– be in harmony with the legal and regulatory rules in force.

 

6.2. COOKIES:

A cookie is a text file deposited on the user's hard drive of a website by the server of this site visited. The site uses cookies for the sole purpose of improving its use. Data recorded using cookies on the site will only be used for improvement purposes and will not be shared with third party sites. These files remain anonymous and you cannot identify a user by their cookies. In this sense, cookies are limited to being connection cookies facilitating the appreciation of the visitor's points of interest. Note that this anonymous storage is likely to be forwarded to partners. The majority of browsers allow visitors to choose to accept or reject cookies. However, it must be known that the refusal of cookies can interfere with the use of both the site but also if the user goes to other websites. The placement of cookies on a user's computer or its connection terminal by the site or/and its partners is intended to:

– particularize the use of the site;

– optimize navigation;

– Save the search items;

– improve advertising space;

– keep a user's access codes (username and password).

Cookies are stored on your computer 60 days.

The Client has complete freedom to delete the cookies stored in his browser. Below is the procedure for deleting cookies according to the browser used:

Open the affected browser;

Internet Explorer go to "Tools" and choose "Internet Options". The windowed in the "General" tab opening, you have to click on "delete cookies";

Firefox go to "Tools" and choose "erase my tracks" and then tick the box "cookies" and validate by clicking on "erase my traces now";

Safari : in the "Edit" tab, you must select "Preferences" and in the "security" tab click on "show cookies" and then "erase all".

Google Chrome : you have to go to "Tools" and choose "history", then "erase browsing data" and therefore delete cookies.

To best manage cookies, the user remains completely free to accept or reject the registration of cookies, but it is recalled however that the use of certain features or services of the site may be caused to be disturbed.

If the Client does not want to allow new records of "cookies" (opt-out) files, the following instructions must be applied:

Internet Explorer go to the "Tools" menu then "Internet Options", and click on the "Privacy" tab, and finally choose the desired level.

Firefox go to "Tools" and choose "options" and then click on "Privacy", from the menu "cookies" choose the desired items. It is possible to see the cookies deposited.

Safari : you must select "General Safari settings", then "security", and there is a possibility to accept, reject or good to visualize the cookies deposited

Google Chrome : you have to go to "history" then "Preferences" and ultimately "Privacy".

If the Client wishes more information, he can consult the website of the CNIL to see the applicable legal rules of the National Commission of Informatics and freedoms through the link: https://www.cnil.fr/ https://www.cnil.fr/

 

SECTION 7: COPYRIGHTS AND INTELLECTUAL PROPERTY

The Agency, the entire site and its components, including the site itself, the brand, its content, its photographs, its texts, its logo, its audio plans, the elements of third parties... (Non-exhaustive list) depend on articles L. 713-2, L122-4 and L122-5 of the code of intellectual property in the context of French legislation as well as under universal laws in terms of copyright protection.

Therefore, and in accordance with the aforementioned provisions, it is strictly forbidden to reproduce, copy or represent (and this without explicit and prior consent of the agency or the owner of an element present on the site):

– the brand CAPWELL-TRANSLATE;

– the site  www.CAPWELL-TRANSLATE.fr , all or part of its content or services;

– fully or partially the elements of the site: photographs, texts, logos, audio plans... (List not, exhaustive);

– all or part of the databases or software belonging to the site or belonging to its partners appearing on the site;

– the elements of which third parties own.

For any request for authorisation or information, please contact us via contact@capwell-translate.com or via the online contact form.

SECTION 8: VALID JURISDICTION ANDAPPLICABLE LAW

The present service terms and conditions are subject to French law. Any dispute relating to the interpretation and/or their execution is the responsibility of the competent French courts. In the event of a dispute, and following the exhaustion of all amicable attempts, the dispute shall be brought before the courts of common law concerning a particular Client and before the courts, notwithstanding plurality of defendants or call for collateral, with regard to business Clients.

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