GENERAL TERMS AND CONDITIONS
Pop translation is a brand of the company L’oeil pop. Pop translation offers to individual or professional clients (referred to as « Clients or Customer »)
to purchase services related to services related to documents or website content (referred to as « Content »), more specifically to have such Content translated,
corrected or written (these three terms being referred to as « Services ») by authors qualified by Pop translation (hereinafter the « Author(s) »).
Use of the Services and websites provided by Pop translation (referred to as « Pop Eye », « Poptranslation »,
« poptranslation.com ») by you (referred to as « customer », « you ») is subject to these Terms and Conditions
Pop Translation and Customer hereinafter collectively referred to as the « Parties » and individually a « Party ».
HEAD OFFICE :
40 BIS rue Ernest Renan, 92130, Issy-les-Moulineaux, France
529 554 529 – RCS Nanterre
SHARE CAPITAL :
10 000 euros
+33 1 46 42 01 43
PUBLICATION DIRECTOR :
1) Acceptance of the Conditions
Your consultation of this website or your validation of a quotation for the Services offered on this website constitutes
acceptance of these conditions. If you are ordering Services on behalf of
a company or other legal entity, you must be the legal representative of that entity, or have been given
express permission to do so.
In the event of a breach of these Terms or any other rights held by Pop Translation, we reserve the right to take any action necessary to preserve our interests.
Pop translation reserves the right to change these Terms at any time. In this case, we will immediately post the new Terms. Your actual use of the
Services offered by Pop translation after the posting of the updated Terms will constitute your full and complete acceptance of the updated Terms.
This document is the original French version of the Poptranslation Terms and Conditions.
In case of contradiction between this text and one of the translations available on Poptranslation, the French version will prevail.
2)Description of the Services
Translation is a service that provides content in one language from original content
written in a different language. As far as possible and taking into account the cultural and linguistic
cultural and linguistic subtleties of the language, Pop Translation is committed to
preserving as much as possible the general spirit, the organization of
the information and the type of vocabulary used.
Proofreading is a service that allows the client to submit content for correction of all
errors and defects. The correction concerns the vocabulary, grammar, spelling,
punctuation and syntax used. He may also request changes to the
structure and style of the Content provided that he selects the appropriate offer.
Otherwise, Pop Translation shall not be obliged to make changes to the structure and style of the Content.
The customer may request Pop translation to limit its control to one or more of these
points. In this case, the customer must explain this as clearly as possible in the initial request that defines
Transcription is a service that allows you to transcribe all the information coming from a video
or audio file, whether this file is in digital format or not to obtain a text file.
2.1) Translation and Correction Service
The Customer may submit to Pop translation a document and add explanations to
assist Pop translation in its mission (hereinafter defined together as « Initial Request »).
The Customer expressly acknowledges that Pop translation’s fee is based on the number of words estimated
by Pop translation or communicated by the Customer in the Initial Request and not
the final number of words communicated by Pop translation to the Customer after the execution of the Service.
2.2) All Services
Pop Translation will use its best efforts to perform a quality Service in accordance with the
Customer’s Initial Request.
2.3) Control rule
Customer shall never:
- to order a text that can infringe the universal and individual rights of a moral or physical person ;
- ask Pop Translation to make defamatory or insulting remarks about a person or a company, living or dead ;
- request the translation of works (for example a book) subject to copyright.
You acknowledge that you are solely responsible for the materials and information you submit to Poptranslation.
You agree to transmit only Content that is accurate and non-defamatory;
that you own all rights to, including intellectual property rights, or otherwise
are free to use in connection with the Pop Translation Services; that is
free of any viruses, scripts or programs of any kind; and that complies with all applicable laws.
In addition, Pop Translation reserves the right to:
refuse to process your Content or to process it after minor corrections or modifications;
Pop translation makes every effort to process your Content as quickly as possible. Any error detected in your Content cannot be corrected by Pop translation.
The Content you post must not include any contact information (name, email address, telephone or fax number, postal address, etc.)
that would allow the Translators to contact you or identify you directly or indirectly.
2.5) Timeframe for the completion of services
Except as expressly agreed between the Parties, Pop Translation does not commit to any time frame for the provision of the Services.
Indeed, the deadlines indicated on Pop translation’s website are indicative and depend on various elements
on which Pop translation cannot make any commitment, for example the volume of the Content
of a project, the complexity of the subject matter, the availability of the Authors etc.
However, Pop Translation undertakes to use all possible means to satisfy the
Customer’s request as soon as possible.
2.6) Content validation
The Customer has a period of 15 calendar days after Poptranslation has submitted Content to
check the conformity of the Content to the Initial Request.
If not, the Content submitted by Poptranslation will be considered accepted by the
Customer without reservation. The application of this condition is strictly irrevocable.
If you feel that the Content submitted does not fully meet your expectations, you may request
a review by Pop translation. In this context, you undertake to be as precise as
possible in your exchanges with Pop translation to facilitate the revision of the Content.
In an application for review, it is understood, with respect to such exchanges, that:
- If the Customer believes that Pop Translation has not complied with its Initial Request, it may refuse a
Content. The initiation of a denial procedure involves the control of a third party moderator who
will consider the appropriateness of the Client’s refusal.
- If the moderator considers that the Customer’s refusal is justified, the order is immediately re-launched to a new translator at no extra cost to the Client ;
- If the moderator rejects the Client’s request, the content may be considered validated, or the moderator may ask Pop Translation to apply some modifications
so that the Content or in accordance with the Customer’s Initial Request.
2.7) Downloading the translated Content
Once the production is completed and the Customer’s validation is received, the produced and validated content will be sent to the Customer and will remain available for a period of at least 12 months.
Under no circumstances will Pop Translation be required to develop specific tools and services to
adapt the format of the documents to the Customer’s system.
Pop translation will make its best efforts to ensure the confidentiality of your Content.
Indeed, all Pop translation translators are subject to a confidentiality agreement.
3) Payment and billing
3.1) General information
The applicable rate between the Parties is indicated and specified to the Customer at the time of the Initial Request on Pop translation.
3.1.2) Reference currency: the Euro
The reference currency of Pop Translation is the Euro (€).
3.1.3) Terms of payment
You can pay Pop Translation invoices by bank transfer.
Pop translation provides an invoice for each purchase made by the customer. This invoice
serves as a proof and will be used as a reference in the event of a disagreement between
Pop translation and the customer.
3.1.4) Payment terms
Pop translation’s invoices are payable upon receipt or, if applicable, within the period agreed upon with Pop translation.
For any sum not paid on the due date, Pop Translation reserves the right to
charge the Customer interest on arrears at the interest rate applied by the European Central Bank to its most recent refinancing
operation plus ten (10) percentage points, calculated and cumulated from the first day of delay.
4) Copyright and exploitation rights
TRANSLATION AND PROOFREADING SERVICE
Pop translation assigns to the Customer without time limit and for the whole world the following rights on the Content produced by Pop translation.
4.1) Reproduction rights :
Create and distribute any copy of the work, whether direct or indirect, temporary or permanent, in whole or in part;
4.2) Exploitation rights :
Use, distribute, modify, translate, adapt, monetize, record,
deposit and exploit the Content on all existing and future media (website, DVD, advertising brochure, press release, etc.);
4.3) Public communication rights :
To represent and exploit the text on a support of any type and
any form (physical, digital, etc.) visible by all and anywhere, without limits.
5) Agreement of proof
In accordance with Article 1367 of the Civil Code, by checking the box by which the Customer acknowledges acceptance of these Terms, the Customer acknowledges that his agreement constitutes an electronic signature
with respect to Pop Translation which has, between the parties, the same value as a handwritten signature.
More generally, the Customer acknowledges that any document having been the subject of this procedure constitutes literal proof as well as,
including outside such procedure, any electronic mail exchanged between Pop Translation and the Customer, so that any correspondence or agreement has the same legal effect
on the transaction in question as those subject to a handwritten signature.
Unless a court recognizes as valid evidence to the contrary, any electronic mail exchanged between Pop Translation and the Customer is opposable not only respectively, but also with respect to any third party
beneficiary with the same probative force as a written document on paper.
6) General provisions
Pop Translation reserves the right to change the content and specifications of the Services at any time without notice.
Pop translation may work with third party companies to provide its Services to you.
You agree that these companies may provide the Services to you on behalf of Pop translation.
You agree to receive electronic communications from Pop translation at the
email address you provided when you registered. You may change this address or opt-out of
receiving marketing communications at any time through your user interface.
You acknowledge that you are solely responsible for all activity on your account, and agree to comply with
all applicable laws in connection with your use of the Services.
These Terms are governed by French law. You and Pop Translation agree
to submit to the exclusive jurisdiction of the French courts for any dispute arising from these Terms.