ENGLISH:

Last updated February 2025

These Terms and Conditions ("T&Cs") govern the relationship between Émilie Lecret, operating under the commercial name Emi Lecret ("Contractor"), registered as a sole trader in France under SIRET Number 83499443600022, with a business address at 40 Boulevard Limbert, 84000 Avignon, France, and any individual or legal entity ("Client") who engages the Contractor for linguistic and communication services.

1. Definitions

Client: Refers to any individual, legal entity, or its authorised representatives requesting the Services provided by the Contractor.

Confidential Information: Non-public, proprietary information shared between the Parties in connection with the Services.

Contractor: Refers to the individual or legal entity providing the Services, acting as an independent contractor.

Deliverables: Final materials provided by the Contractor to the Client as the outcome of the Services.

Force Majeure: Any unforeseen event beyond the control of either Party that prevents the performance of obligations under these T&Cs.

Invoice: A document issued by the Contractor to the Client that outlines the goods or services provided, the total amount due, and the payment terms. It includes essential details such as the invoice number, date of issue, payment due date, and the Contractor’s payment information. The invoice serves as an official request for payment.

Linguistic and Communication Services:  Refers to a range of services including translation and localisation, UX/UI design, content creation, web design and SEO solutions, audio and subtitling services, and all related services in this sector.

Localisation:  The adaptation of content for a specific region or audience, including cultural, linguistic, and technical adjustments.

Parties: Refers to both the Contractor and the Client, collectively.

Quote: A pricing proposal provided by the Contractor to the Client, outlining the scope of Services, costs, and timelines.

Source Materials: Documents, texts, glossaries, reference materials, or other information provided by the Client to the Contractor for performing the Services.

2. Linguistic and Communication Services

The Contractor provides a range of linguistic and communication services ("Services"). These Services encompass all linguistic and cultural adaptations required to meet the Client's specific requirements, including but not limited to:

Translation and localisation

UX/UI design

Content creation

Web design and SEO solutions

Audio and subtitling services

Any other related services in this sector

3. Scope of Application and Enforceability

3.1 Acceptance of any Quote issued by the Contractor implies the Client’s full and unreserved adherence to these T&Cs, to the exclusion of any other document.

3.2 In the event of any conflicting terms between these T&Cs and any other documents, the terms of these T&Cs shall prevail.

3.3 Any amendments to these T&Cs must be in writing and signed by both Parties to be effective.

3.4 Acceptance of any document referring to these T&Cs (including quotes and invoices) constitutes full acceptance of these T&Cs.

3.5 Electronic signatures shall be considered as valid and binding as handwritten signatures.

3.6 Neither Party may assign or transfer any of its rights or obligations under these T&Cs without the prior written consent of the other Party.

3.7 If any provision of these T&Cs is found to be invalid, the remaining provisions will continue in full force and effect.

3.8 These T&Cs constitute the entire agreement between the Parties and supersede all prior agreements related to the subject matter.

4. Relationship between Parties

The Contractor serves as an independent contractor of the Client. Nothing in these T&Cs creates an employer-employee, joint venture, or partnership relationship. The Contractor is responsible for filing taxes and bears the full expenses of its operations.

5. Responsibilities of the Parties

5.1 Contractor Responsibilities:

Perform Services in accordance with industry standards.

Ensure the accuracy, clarity, and consistency of the Deliverables.

Adhere to agreed-upon project timelines.

Maintain the confidentiality of all information provided by the Client.

Communicate promptly regarding any issues related to the project.

5.2  Client Responsibilities:

Provide all necessary source materials, reference materials, and information required for the Services.

Respond promptly to any queries from the Contractor.

Ensure the legal right to use and/or publish the Deliverables.

Review the Deliverables within sixty (60) days and provide feedback.

Make timely payments to the Contractor as per the agreed terms.

6. Quotes and Placing of Orders

6.1 Each Client order is generally preceded by a free quote established by the Contractor.

6.2 To confirm the order, the Client must return the quote by email without modification, expressing consent and acceptance.

6.3 Any discounts or rebates granted to the Client shall not give rise to an acquired right for subsequent Services.

7. Terms of Payment

7.1 Payment for all Services must be made in full before the commencement of any work unless agreed otherwise in writing by the Contractor and the Client.

7.2 Upon acceptance of the Quote, the Contractor will issue an invoice to the Client for the full amount.

7.3 Payment must be made within 2 (two) business days from the invoice date.

7.4 Payments are non-refundable, except in cases where the Contractor is unable to fulfil their obligations.

7.5 Accepted payment methods include bank transfers in EUR, USD, CAD, AUD, and NZD. Each party shall be responsible for their own bank fees and charges associated with the payment.

7.6 All intellectual property rights related to the Services shall be transferred to the Client upon full payment.

8. Confidentiality, Cybersecurity, and Data Protection

The Contractor is committed to maintaining the highest standards of confidentiality, cybersecurity, and data protection. The following measures are in place to ensure the security and privacy of the Client's information:



8.1 Confidentiality: The Contractor agrees to keep confidential all information received from the Client and shall not disclose such information to any third party without prior written consent. This confidentiality obligation shall meet GDPR requirements and survive the termination of these T&Cs.

8.2 Cybersecurity Measures:

·       Private and Encrypted Connection: All communications and data transfers between the Contractor and the Client are conducted over private and encrypted connections to prevent unauthorised access and data breaches.

·       Premium Antivirus: The Contractor uses premium antivirus software to protect against malware, viruses, and other cyber threats. The software is regularly updated to ensure protection against the latest threats.

·       VPN: A Virtual Private Network (VPN) is used to secure all internet connections, adding an extra layer of encryption and anonymity to protect sensitive data.

·       Password Manager: The Contractor employs a secure password manager to generate, store, and manage strong, unique passwords for all accounts and services, ensuring that credentials are not compromised.

·       Regular Security Audits: The Contractor conducts regular security audits and vulnerability assessments to identify and address potential security weaknesses.

·       Data Encryption: All sensitive data is encrypted both at rest and in transit using industry-standard encryption algorithms to prevent unauthorised access.

8.3 Data Protection:

·       GDPR Compliance: The Contractor complies with the General Data Protection Regulation (GDPR) and other applicable data protection laws. This includes implementing appropriate technical and organisational measures to ensure the security of personal data.

·       Data Minimisation: The Contractor collects and processes only the data necessary for the performance of the Services and deletes any unnecessary data promptly.

·       Secure Data Storage: All data is stored on secure servers with robust access controls and monitoring to prevent unauthorised access.

·       Incident Response Plan: The Contractor has an incident response plan in place to quickly detect, respond to, and mitigate any security incidents or data breaches.

By implementing these comprehensive measures, the Contractor is committed to protecting the Client's information and ensuring the highest level of confidentiality, cybersecurity, and data protection.

9. Limitation of Liability

9.1 The Contractor agrees to perform the Services in good faith and to the best of their knowledge and professional capabilities but does not warrant that the Services will be entirely free of errors, particularly those of subjective nature.

9.2 The Contractor's liability for any claim arising out of the Services shall be limited to the total amount paid by the Client for the specific Quote.

9.3 The Contractor shall not be liable for any indirect, incidental, special, punitive, or consequential damages.

9.4 The Contractor shall not be liable for errors in the Deliverables resulting from incomplete or inaccurate information provided by the Client.

9.5 The Contractor shall not be liable for any claims, damages, or losses arising from the use of the Deliverables by any third party.

 9.6 The Client is responsible for ensuring that the Deliverables comply with all applicable local laws and regulations.

9.7 The Contractor shall not be liable for delays caused by factors outside its reasonable control.

9.8 The Contractor shall not be liable for any failure to perform due to Force Majeure events.

10. Time Limit for Revisions and Claims

The Contractor will accommodate minor revisions to the Deliverables within sixty (60) days following delivery. For significant revisions, the Contractor reserves the right to issue a new quote.

11. Accuracy and Suitability Disclaimer

While the Contractor will use reasonable efforts to ensure the accuracy and suitability of the Deliverables, the Client is responsible for the final review and approval before use or publication for the intended purposes.

12. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Contractor from any claims, damages, liabilities, costs, and expenses arising out of the Client's use or distribution of the Deliverables.

13. Governing Law and Dispute Resolution

13.1 These T&Cs shall be governed by the laws of France.

13.2 Any disputes shall be resolved through negotiation in good faith. If not resolved amicably, the dispute shall be submitted to mediation and, if necessary, arbitration in Avignon, France.

13.3 The arbitration shall be conducted in accordance with the rules of the French Arbitration Association.

13.4 Each Party shall be responsible for its own costs and expenses in connection with mediation and arbitration.

14. Continuation/Discontinuation
14.1 Discontinuation by the Contractor: The Contractor reserves the right to discontinue providing Services to the Client at any time. This may be necessary for reasons including, but not limited to unforeseen circumstances, or non-compliance with these T&Cs by the Client.

14.2 Discontinuation by the Client: The Client may choose to discontinue using the Services at any time. The Client will be responsible for paying for all Services rendered up to the date of discontinuation.

14.3 Immediate Discontinuation: Either party may immediately discontinue the Services if the other party breaches any material term of these T&Cs.

14.4 Force Majeure: If a Force Majeure event, as defined in these T&Cs, continues for an extended period, either party may discontinue the Services by providing written notice to the other party.

14.5 Effect of Discontinuation: Upon discontinuation, the Contractor shall stop all work and deliver any completed or in-progress Deliverables to the Client. The Client must pay for Services rendered and any costs incurred up to the date of discontinuation.

14.6 Survival of Provisions: Provisions related to Confidential Information, Limitation of Liability, Indemnification, and Governing Law and Dispute Resolution will survive the discontinuation of Services.

15. Updates

The Contractor reserves the right to update these Terms and Conditions regularly, and the updated version will be available on the Contractor's website. The version of the Terms and Conditions accepted by the Client at the time of acceptance of the Quote shall remain in effect for the duration of the provision of Services, unless otherwise agreed in writing by the Parties.

16. Entire Agreement

These T&Cs constitute the entire agreement between the Parties and supersede all prior agreements and understandings, whether written or oral, related to the subject matter. Any verbal agreements are not binding unless reduced to writing and signed by both Parties.