Duction.com - Supplier Portal

GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES

Article 1: Purpose

In accordance with Article L441-1 of the French Commercial Code, the commercial relations between the parties are based solely on these General Terms and Conditions for the Provision of Services (hereinafter referred to as "the General Terms and Conditions”). They apply to the various translation, on-site interpreting, online telephone or video interpreting, voice dubbing, subtitling and audio file transcription assignments (hereinafter "the Services" or "the Service") entrusted to the translator, interpreter or other participant (hereinafter "the Service Provider") by the COMPANY ALPHATRAD France, located in Brétigny sur Orge (91220), 15 Rue du Roussillon, an SAS (société à actions simplifiée – simplified joint stock company) with capital of € 1,000,006 registered in the Evry Trade and Companies Register under number 323 161 810, herein represented by its Chairman, FREDERIC IBANEZ (hereinafter referred to as "ALPHATRAD").

The sole purpose of these General Terms and Conditions is to set the conditions under which the Service Provider shall provide ALPHATRAD (hereinafter referred to as "the Client") with the Service for which he/she was mandated, at the prices and conditions indicated on the order form which refers to these General Terms and Conditions.

In accordance with the regulations in force, these General Terms and Conditions are systematically communicated to any person who wishes to conclude a contact for the provision of services with ALPHATRAD and requests them.

 

Article 2: Scope of application

These General Terms and Conditions form the sole basis for the contract for the provision of services concluded between ALPHATRAD and the Service Provider. Consequently, they apply without restriction or reservation to all Services entrusted by ALPHATRAD to the Service Provider.

More specifically, these General Terms and Conditions apply in their entirety, without the possibility of retraction and without the possibility of applying any general terms and conditions of sale of the Service Provider, whether they are identical, contrary or different to those of ALPHATRAD.

When registering on the website dedicated to the recruitment of Service Providers (www.duction.com), the candidate must, in order to continue his/her application, consult and accept these General Terms and Conditions, by ticking the specific tab provided for this purpose.

The contract for the provision of services concluded between ALPHATRAD and the Service Provider shall only be perfect after an order form has been drawn up and the order has been expressly accepted by the Service Provider, who acknowledges to have read these General Terms and Conditions on the ALPHATRAD website and declares to accept them unconditionally. For this reason, the link to the website on which the General Terms and Conditions may be consulted is expressly indicated on the order form.

The General Terms and Conditions only apply to the Service indicated on the order form with a link to the General Terms and Conditions and for its entire period.

 

Article 3: Declarations of the Service Provider - Independence of the parties

The Service Provider guarantees that there is no legal or contractual restriction on the performance of the Service entrusted to him/her by ALPHATRAD.

It is understood that the Service Provider works for him/herself and deals with all his/her tax and social security obligations.

The Service Provider thus affirms that he/she declares his/her turnover or income to the social security bodies and pays all his/her social security contributions to the URSSAF (for French residents).

The Service Provider also declares to comply with the legislation of the State where he/she exercises his/her profession and, in particular, with the social and fiscal regime applicable to the profession that he/she exercises in the State where established.

Since the Service Provider is self-employed, he/she provides the Service which he/she is entrusted on an independent basis.

As a result, the Service Provider declares and acknowledges that he/she is not bound to ALPHATRAD by a relationship of subordination that could establish a possible employer-employee relationship.

Consequently, the Service Provider cannot claim to have this service contract reclassified as an employment contract.

More generally, the Service Provider expressly declares and acknowledges that the Service with which he/she is entrusted does not constitute a contract of association, franchise, work or agency binding it to ALPHATRAD.

It is recalled that the interpretation assignments consist in translating orally (liaison/consecutive or Online interpreting) spoken words from an A language into a B language and vice versa.

The Service Provider hereby declares to have perfect command of the two relevant languages for professional purposes and to be capable of accurately interpreting the content of the interviews or statements, the subject matter of the interpreting assignment.

 

Article 4: Additional declarations by the Service Provider mandated to provide a voice dubbing service

The service provider mandated by ALPHATRAD for a voice dubbing service declares to grant ALPHATRAD full rights on his/her voice, which may be used on all communication media (INTERNET or other).

He/she declares that it is his/her own voice or the voice of a subcontracted speaker if the client is a company and that this subcontracted voice is free of all rights.

Article 5: Sworn or certified translator

The translator who accepts work as a sworn or certified translator shall accept the service only during the period for which he or she is registered on the official list of sworn or certified translators in his or her country of swearing in or certification. He or she shall inform ALPHATRAD in case of cancellation or retirement. In this case, he or she shall no longer accept certified translations offered by ALPHATRAD.

He or she will have to return a duly certified/sworn translation according to the procedures of the country which has registered him or her on the official lists and remains fully liable for the quality and certification "ne varietur" of his or her translation.

Article 6: Intuitu Personae - Subcontracting

An order form is drawn up for each assignment entrusted by ALPHATRAD to the Service Provider, the assignment being agreed on an intuitu personae basis with the Service Provider.

The Service Provider therefore undertakes to provide personally the services entrusted to him/her by ALPHATRAD or to have them performed by his/her employees.

The Service Provider therefore refrains from resorting to any form of subcontracting without prior written authorisation from ALPHATRAD or from delegating the execution of the Service to an employee who does not have the necessary qualifications for the Service.

In the event that the Service entrusted to the Service Provider is subcontracted without its agreement, ALPHATRAD shall be entitled to terminate the contract for the provision of services.

 

Article 7: ALPHATRAD's Obligations

ALPHATRAD shall remunerate the Service Provider for the Service provided by him/her, at the mutually agreed rate specified on the order form.

ALPHATRAD shall principally reimburse the Service Provider for all expenses directly associated with his/her on-site interpretation assignments, (including travel expenses such as taxis, underground, trains, and mileage allowances) on the express condition that they are explicitly approved in writing by ALPHATRAD prior to the assignment.

The said expenses shall be paid to the Service Provider at the end of the Provision of the Service and at the latest at the end of the month, after receipt of an invoice drawn up in accordance with the conditions set out in Article 10 hereof. The Service Provider shall be remunerated for the Provision of the Service entrusted to it by ALPHATRAD.

In the event of partial provision of the service by fault of the Service Provider, only the part of the Service provided shall be remunerated, less any costs incurred.

In the case of simultaneous interpreting, ALPHATRAD shall place at disposal a second service provider in order to respect the limits on interpreting time.

 

Article 8: Service Provider’s Obligations

The Service Provider shall provide ALPHATRAD with the Service entrusted to him/her in the conditions and within the deadlines specified on the order form.

The place and times of the assignment entrusted to the Service Provider are indicated on the order form.

For interpretation assignments, the Service Provider shall respect the times of the assignments and not arrive late or leave the place of assignment earlier, unless ALPHATRAD's client agrees in writing.

The Service Provider shall be impeccably dressed in a business-like manner during the provision of the service.

The Service Provider shall be available throughout the duration of the Service and shall comply with any reasonable requests made by the Client in connection with the Service.

The Service Provider shall inform ALPHATRAD of any requests by the Client which are not provided for on the order form.

The Service Provider shall have the client sign the attendance sheet in the margin if he/she is provided with this when the order is placed.

During the entire duration of the assignment as well as during transport to the client's premises, the Service Provider shall remain liable for any incident directly attributable to him/her and consequently releases ALPHATRAD from any liability in this respect.

In the event of a delay (due to a train or plane delay, traffic jams, a strike or any other reason), the Service Provider undertakes to immediately inform ALPHATRAD and the Client for whom the Service is to be provided.

The Service Provider may not put an end to the Provision of the Service before the time indicated on the order form.

In the case of impossibility for the Service Provider to provide the contracted Service, he/she must immediately inform ALPHATRAD.

In the case of illness or any other health incident making it impossible for the Service Provider to perform the assignment, the latter undertakes to promptly notify ALPHATRAD so that the latter can seek a replacement solution. A medical certificate must be provided for ALPHATRAD.

The Service Provider shall be liable for any failure to provide the service for any reason other than force majeure.

These General Terms and Conditions define force majeure as any exceptional event making it impossible for the Service Provider to perform the assignment entrusted to it for serious reasons beyond his/her control (serious illness, accident, etc.).

 

Article 9: Voidance

In the event of non-performance of the Service entrusted to the Service Provider within the period indicated on the order form, the contract may be declared null and void at the discretion of ALPHATRAD, which shall notify the Service Provider of its decision by e-mail.

It is expressly understood that this voidance, for failure by the Service Provider to fulfil his/her obligations, shall take place by operation of law based on the simple fact of the non-performance of the obligation, without formal summons to perform or the accomplishment of any formalities.

In this context, the voidance of the contract shall take effect immediately after the sending of the e-mail notifying ALPHATRAD’s decision to declare the contract null and void.

 

Article 10: Invoicing

The Service Provider shall send ALPHATRAD, at the end of the provision of each of the Services entrusted to it, an invoice relating to the assignment performed and the reimbursable expenses.

This invoice must include the invoicing details (in particular the number of words for translations and the time spent for the actual performance of the Service if the latter is invoiced on a time basis) along with the order reference and date.

The Service Provider residing in France undertakes to indicate on his/her invoices his/her registration number with the Unions de Recouvrement des cotisations de Sécurité Sociale et d'Allocations Familiales (URSSAF – agencies for the collection of social security contributions) and affiliation to the Régime Social des Indépendants (Social Security Scheme for the Self-Employed).

 

Article 11: Non-Competition

Throughout the entire duration of the Service, the Service Provider is prohibited from negotiating, on his/her own behalf, contracts for language activities with the Client.

Similarly, the Service Provider shall not seek and/or maintain directly or indirectly a business relationship with the Client during the entire duration of the Service and for a period of two (2) years as of the end of the Service.

The Service Provider shall also refrain from communicating his/her personal details to the Client and from working directly for the Client for a period of 2 years as of the end of the Service.

In the event of violation of the previously mentioned prohibitions, the Service Provider shall owe ALPHATRAD, under this penalty clause, compensation of €1 000.

 

Article 12: Confidentiality and Professional Secrecy

The Service Provider is subject to a strict obligation of confidentiality and professional secrecy.

The Service Provider undertakes, under this confidentiality clause, throughout the entire period of his/her assignment and without limit on duration after its expiry, whatever the reason, to ensure complete confidentiality by refraining from disclosing, directly or indirectly, any information, knowledge or know-how to which he/she may have had access in the context of the performance of his/her assignment, unless said information, knowledge or know-how has fallen into the public domain or its disclosure is made necessary pursuant to a specific regulation or an administrative or judicial order.

The Service Provider also undertakes to ensure that this obligation is respected by all relevant members of his/her staff, for which he/she vouches.

The Service Provider recognises to be confidential all correspondence, the contents and attachments of the latter, whatever the nature, and in particular e-mails exchanged between the Service Provider and ALPHATRAD, their directors or employees, when these contain information relating to the assignment entrusted to the Service Provider.

The Service Provider shall thus not disclose orally, in writing or by any other means, directly or indirectly, to any third party, all or part of the confidential correspondence. In case of non-compliance with this obligation, a penalty of €10,000 will be applicable.

 

Article 13: Warranty and Disclaimer Clause

The Service Provider shall not seek the criminal or civil liability of ALPHATRAD for any criminal or tortuous acts by the Service Provider during the performance of the Service.

In the event that ALPHATRAD's liability is sought by third parties due to such acts, the Service Provider shall guarantee ALPHATRAD against any action, by bearing the cost of any amounts that ALPHATRAD is ordered to pay as well as the latter's defence and procedural costs.

 

Article 14: Notifications

Any notification or other communication required in connection with the Service entrusted to the Service Provider shall be made by e-mail. If a notification has been received on a non-working day, it shall be deemed to have been received on the next working day.

 

Article 15: Court with jurisdiction in the event of litigation

In the event of litigation, only the Court of Evry (91) shall have jurisdiction.

 

Article 16: Validity

If one or more of the clauses provided for in these General Terms and Conditions should be declared invalid, illegal or unenforceable by the Commercial Court of Evry, such invalidity, illegality or unenforceability shall not entail the invalidity of these General Terms and Conditions in their entirety.

 

Article 17: Data Protection and Civil Liberties

The personal data collected from the Service Provider are subject to computer processing by ALPHATRAD. They are recorded in the Service Provider's file and are essential for the processing of orders. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They shall be kept for as long as necessary for the execution of orders and any applicable guarantees.

The data controller is ALPHATRAD. Access to personal data shall be strictly limited to the data controller’s employees, authorised to process them by reason of their duties. The information collected may be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the Service Provider's authorisation being necessary.

In the context of the performance of their services, third parties have only limited access to the data and are required to use the latter in accordance with the provisions of applicable legislation on the protection of personal data. Apart from the cases set out above, ALPHATRAD is prohibited from selling, renting, transferring or giving access to third parties to the data without the prior consent of the Service Provider, unless compelled to do so for a legitimate reason.

If the data needs to be transferred outside the EU, the Service Provider shall be informed of this and the guarantees taken to secure the data (for instance, the external service provider's compliance with the "Privacy Shield" for regulating exchanges of personal data, adoption of standard protection clauses validated by the CNIL (the French Data Protection Authority), adoption of a code of conduct, CNIL certification, etc.) shall be specified.

In accordance with applicable regulations, the Service Provider has a right of access, rectification, deletion and portability of the data concerning him/her, as well as the right to object to the processing for a legitimate reason, rights that he/she may exercise by contacting ALPHATRAD at the following postal address: 15, rue du Roussillon, 91220 BRETIGNY-SUR-ORGE, France.

These rights may also be exercised by sending an e-mail to the following address: droitdacces@alphatrad.com.

The person may exercise these rights by providing their surname, forename and postal address and attaching a copy of both sides of their identity document.

In the event of any difficulty in connection with the management of his/her personal data, the Service Provider has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL – the French Data Protection Authority).