Last updated: 01/27/2024

These General Terms and Conditions of Sale establish the contractual conditions applicable to the commercial relationship between FLORIANE FRANCOIS EI, hereinafter the “Service Provider”:

Floriane FRANCOIS
Entrepreneur individuel
“InFrenchWeSay (IFWS)
2 rue Edith Piaf, 60000 Goincourt, France

SIRET : 891 879 447 00029
Intra-Community VAT no.: FR 53891879447

on the one hand, 

and any individual or legal entity wishing to benefit from her services (the “Customer”),

on the other.

1. General provisions

Any order placed implies the Customer’s full and unreserved acceptance of these General Terms and Conditions of Sale to the exclusion of any other document. 

No special conditions may take precedence over these General Terms and Conditions of Sale, except in the case of a formal written exception appearing on the purchase order, which has become firm and definitive. 

The performance of any service by the Service Provider implies acceptance by the Customer of these General Terms and Conditions of Sale, and waiver of the Customer’s own general terms and conditions of purchase. In the absence of express acceptance, any condition to the contrary shall be unenforceable against the Service Provider, regardless of when it may have been brought to the Service Provider’s attention. 

The fact that the Service Provider does not at any time invoke any of these General Terms and Conditions of Sale shall not be interpreted as a waiver of her right to invoke any of the said conditions at a later date.

2. Provider services

The Service Provider offers various services. These will be referred to as “Service(s)” where this document does not specify the name of a particular service.

• Translation services, in particular the translation of marketing documents, the localization of websites, transcreation (creative translation), post-editing of machine translations and the editing of documents that have already been translated.
• Content writing services, including content creation, storytelling, copywriting, rewriting and proofreading.
• Strategic consulting services, including carrying out an editorial audit, drafting an editorial charter or strategy, carrying out a linguistic quality control, carrying out a multilingual website audit, drafting a glossary or style guide, or organizing team training sessions.

Each of these services may include one or more videoconferences between the Customer and the Service Provider. The purpose of these videoconferences is generally to obtain all the information required to carry out the service properly and/or to provide the Customer with advice. If the Customer wishes to obtain a replay of these sessions, he/she may make a request to the Service Provider before the start of the service.

3. Ways and means of providing the services

3.1. Placing orders/Quotes

Each order placed by the Customer is generally preceded by a free quotation drawn up by the Service Provider on the basis of the documents to be translated, the editorial instructions or any other information provided by the Customer. 

To obtain a quote, the Customer may contact the Service Provider by e-mail at hello@infrenchwesay.com, send a message via the contact form on the https://www.infrenchwesay.com/ website and/or book a free 30-minute call with the Service Provider via the same website.

The quotation sent by the Service Provider to the Customer, by post or e-mail, shall specify in particular: 

• The number of documents, pages or words to be translated or written;
• The language in which the translation or writing will be carried out; 
• The method used to determine the price of the translation or content writing service. The translation or content writing service is invoiced either on a flat-rate basis, or on the basis of the time spent, or on the basis of the service provider’s price list in force on the day the quotation is drawn up, in particular per source word (i.e. per word contained in the text to be translated) or per target word (i.e. per word contained in the translated text) according to the word count offered by Microsoft’s Word software (or any other tool agreed by mutual agreement), per line, per page or per hour; 
• The delivery deadline for the translation or content writing service;
• The format of the documents to be translated or written if a specific layout is required for the document delivered; 
• Any price increases that may be applied, in particular for reasons of urgency, specific terminology research or any other request outside the scope of the usual services provided by the Service Provider.

In order to confirm the order in a firm and definitive manner, the Customer must return the Quotation to the Service Provider without any modification, either by post signed with the words “signed and agreed” when the Quotation has been sent by post, or by e-mail with the expression of consent when the Quotation has been sent by e-mail, or by signing the Quotation online on the Axonaut software used by the Service Provider. If acceptance of the Quotation is not received, the Service Provider reserves the right not to start the service. 

If the order is not confirmed in accordance with the terms and conditions set out above within the period indicated on the quotation or, failing this, within 3 (three) months from the date on which the quotation is sent, the quotation shall be deemed to have lapsed. 

The Service Provider reserves the right, after informing the Customer, to increase the prices of the services and/or not to respect the delivery date indicated on the Customer’s initial order confirmation, in particular in the following cases:

1. Modification or addition of extra documents by the Customer after the quotation has been drawn up by the Service Provider. In this case, the Service Provider reserves the right to adjust the price according to the volume of additional text to be processed that has been noted or requested; 
2. The absence of documents when the quotation was drawn up (if the quotation had to be drawn up simply on the basis of the approximate number of words and an extract of the content to be processed). 

In the absence of the Customer’s express agreement to these new delivery and/or invoicing conditions, the Service Provider reserves the right not to start her service. 

Unless otherwise agreed in the quotation, all costs incurred in providing the service (travel, express mail, etc.) shall be borne by the Customer. 

Any decision to grant a discount, reduction or application of sliding-scale rates, based on a percentage or flat rate (per page, per line or per hour), remains at the sole discretion of the Service Provider, and solely for the service which is the subject of the discount, reduction or application. Any discounts or reductions granted to the Customer shall not under any circumstances give rise to a vested right for subsequent services. 

In the event that the Service Provider does not send the Customer a quotation in advance, orders are placed by a simple exchange of e-mails and translation or content writing services are invoiced in accordance with the basic rate usually applied by the Service Provider or any other rate agreed between the Service Provider and the Customer in the exchange of e-mails. Any validation by the Customer of the deadline communicated by the Service Provider constitutes an order.

3.2. Proof

For the purposes of proving the existence of this acceptance of a quotation, the Customer agrees to consider as equivalent to the original and as perfect proof, electronic mail, copies and computer media.

3.3. Deposit

Any order exceeding 1,000 (one thousand) euros excluding VAT may be subject to a deposit request, the percentage of which is specified on the quotation. In this case, performance of the services will not begin until the deposit has been received.

3.4. Delivery time

Subject to receipt by the Service Provider of all the documents and instructions that are the object of the service, the delivery period, given as an indication and mentioned in the quotation, is only applicable on condition that the Customer confirms his/her order in accordance with the terms and conditions defined in Article 3.1 above within 3 (three) working days from receipt of the quotation. After this period, the delivery date may be revised depending on the Service Provider’s workload.

3.5. Format

The translation or written content is delivered by e-mail in Word format. On request, it can be delivered in hard copy by post. Any other means of transfer or format must be expressly agreed between the parties and may be subject to additional invoicing.

3.6. Corrections and proofreading

In the event of disagreement over certain points in the service, the Service Provider reserves the right to correct the service in cooperation with the Customer. 

If the translation or written content is to be published, the Service Provider must receive the printer’s proof for proofreading. 

Unless otherwise agreed in writing, any correction or proofreading will be invoiced additionally at the current hourly rate.

4. Right of withdrawal and cancellation

In the case of a distance contract, and in accordance with article L 221-18 of the French Consumer Code, both the individual consumer and the professional customer have a right of withdrawal of 14 days from the conclusion of the contract.

To benefit from this right, the professional customer must use the Services outside the scope of his/her main activity. In other words, the Service must not be related to the customer’s core business. He/she must also have fewer than six employees.

In order to benefit from the Service in its entirety as soon as the order has been placed (or at least within a period of less than 14 days) and as soon as payment has been made, in accordance with article L 221-28 of the aforementioned Code, the Customer must expressly waive his/her right of withdrawal and thus acknowledge the loss of this right in favor of access to the Service within this period. By accepting the General Terms and Conditions of Sale, the Customer acknowledges the loss of this right and immediate access to the Service.

Once the right of withdrawal has been waived and payment of the deposit has been made if necessary, the order is definitively validated, and no reimbursement can be made by the Service Provider on this basis.

For Services taking place more than 14 days after the online purchase, the Customer may exercise his/her right of withdrawal within this period. To do so, the Customer must make a written and unambiguous request to the Service Provider, who will determine whether the Customer meets the conditions necessary for reimbursement of the sums incurred.

Payment for all or part of the Service is due by the Customer.

The Customer may also use the withdrawal form in Appendix 1 to exercise this right.

In the event of cancellation of an order in progress, for whatever reason, notified in writing to the Service Provider, the work already carried out will be invoiced to the Customer at the rate of 100% (one hundred per cent) and the work remaining to be carried out at the rate of 50% (fifty per cent).

5. Obligations and responsibilities of the Service Provider

Within the framework of her activity and the Services offered, the Service Provider is bound by an obligation of means. The Service Provider shall endeavor to produce the translation as faithfully as possible in relation to the original and in accordance with the practices of the profession. The Service Provider shall do her utmost to take into account and integrate into the translation or the written content any information provided by the Customer (glossaries, plans, drawings, abbreviations, etc.). The Service Provider accepts no responsibility for any inconsistencies or ambiguities in the original text, as the Customer is solely responsible for verifying the technical consistency of the final text. The Service Provider also makes every effort to offer her best services, advice and strategies. However, the Service Provider does not act on behalf of the Customer, and does not intervene in the Customer’s personal accounts or media. Her role is limited to delivering her services in the sole interest of the Customer. She cannot be held liable for any action taken by the Customer as a result of one of her statements or of any external event.

The Service Provider provides all pre-contractual information necessary for the Customer to determine whether the Services meet his/her needs. If the Customer is the cause of the delay, suspension or poor performance of the service offered by the Service Provider, the Service Provider shall not be held liable. 

The Services are mainly digital and remote. As such, the Service Provider uses various IT tools that are not under her control and is not liable for any bugs, malfunctions or updates that may temporarily limit the performance of the service.

The Service Provider’s liability is limited solely to the amount of the invoice concerned. 

Under no circumstances shall the Service Provider be held liable for claims based on stylistic nuances. 

Please note that delivery times are given as an indication only and that failure to comply with them will not, in principle, result in penalties for late delivery. In any event, the Service Provider may not be held liable for any direct or indirect damage caused to the Customer or to third parties as a result of a delay in delivery due, in particular, to a case of force majeure, or to any delivery problem.

6. Obligations and responsibilities of the Customer

The Customer is bound by an obligation to cooperate. He/she must act in good faith during exchanges and follow the instructions given in the follow-up and performance of the Services.

The Customer undertakes to provide the Service Provider with all the texts to be translated or any technical information required to produce the documents requested and, where applicable, the specific terminology required. If the Customer fails to inform the Service Provider, the latter may not be held liable for any non-conformities or missed deadlines. 

The Customer undertakes to check the content of the personal information provided when placing the order. The email address provided is the one that will enable him/her to receive the terms of access and performance of the Services in digital form. If the Customer encounters a problem with his/her order, he/she is requested to inform the Service Provider as soon as possible by email at the following address: hello@infrenchwesay.com. 

The Customer has a period of 10 (ten) working days from receipt of the translated, written or proofread documents to express any disagreement with the quality of the service in writing. Once this period has passed, the service shall be deemed to have been duly performed and no objection may be lodged. To this end, the customer agrees to consider as proof of delivery any acknowledgement of receipt by post or e-mail.

7. Pricing

Unless otherwise specified in the quotation, prices are quoted in euros (€) and invoices are issued without discount and are payable within 30 days of the invoice date. VAT is not applicable, in accordance with article 293B of the French General Tax Code.

The methods of payment accepted are online credit card payment and bank transfer.

The Service Provider has no access to the customer’s bank details, and payment management is the responsibility of the payment platforms.

In the event of payment by check or bank transfer from abroad, all exchange and bank charges will be subject either to a flat-rate surcharge specified on the quotation or to the Customer being billed in full. 

The translation or written content remains the property of the service provider until full payment has been received. 

It should be noted, with regard to business customers only, that in the event of late payment, orders in progress are automatically suspended until full payment has been made, and the Customer is liable, without prior formal notice being required, in accordance with article L.441-6 of the French Commercial Code, for late payment interest calculated at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, applied to the amount of the invoice in question, as well as a fixed indemnity for collection costs of 40 euros.

8. Confidentiality clause

The Parties undertake not to disclose any confidential information received from the other Party before, during or after the performance of the services.

Such information is that which is not known to the public domain and which relates to the personal affairs of the Parties, the organization and structure of their business, various internal policies and future projects. It may not be made public by the Parties until it has been made public by the Party concerned or someone else who may have done so. The originals are returned to the Customer upon written request. 

The Service Provider cannot be held liable for any interception or misappropriation of information during data transfer, in particular via the Internet. Consequently, it is the Customer’s responsibility to inform the Service Provider, prior to or at the time of the order, of the means of transfer he/she wishes to be used in order to guarantee the confidentiality of any sensitive information.

All documents, media and content provided by the Service Provider for educational or instructional purposes are confidential for the sole use of the Customer. The Customer may not share the content or disclose it to third parties (unless otherwise authorized in writing by the Service Provider).

9. Collection and processing of personal data

Personal data (hereinafter “Personal Data”) enables the Service Provider to identify or make identifiable any individual customer, directly or indirectly. She acts as data controller, collects and processes Personal Data, in accordance with the European Regulation on data protection (GDPR) and French regulations, in particular the French Data Protection Act (Loi Informatiques et Libertés) and for confidence in the digital economy.

The collection of Personal Data on the Website is lawful, fair and transparent to the persons concerned. These Data are as follows: 

• For private customers: first name, last name and e-mail address, billing address
• For business customers: first name, surname and e-mail address of the contact person, company name (or corporate name), VAT number if the customer is located in a European Union country, address of the company’s registered office, invoicing address (if different from the registered office)

This data is essential for the Customer’s order and is transmitted on the following legal bases: the Customer’s consent, the Service Provider’s legal obligations and for the purposes of drawing up the contract between the Parties (invoicing, customer follow-up).

Data is kept for a limited period of:

• 3 years following the expiry of a Service from which the Customer has benefited.

The Service Provider is the recipient of Personal Data. However, she uses sales, automation or planning platforms that may collect Data, only if the Customer gives consent: AXONAUT, STRIPE, GOOGLE AGENDA, NOTION and WPFORMS. Please note that some platforms are not hosted within the European Union, but undertake to comply with standards equivalent to the protection conferred by the GDPR. The Customer is invited to consult the privacy policies of these various tools.

The Customer has various rights relating to the processing of his/her Personal Data, which he/she may exercise at any time: right of access, right to copy, right to rectify, right to forget, right of portability to other service providers and right of opposition in the case of prospection. Furthermore, the consent given for the processing of Personal Data may be withdrawn at any time by the Customer without affecting the legality of the processing previously carried out.

To exercise any of the above rights, the Customer should contact the Service Provider by email: hello@infrenchwesay.com. In addition, the Customer has the right to notify the CNIL of any failures on her part concerning the processing of his Personal Data as soon as he/she becomes aware of any such failures.

For further information on the collection and processing of Personal Data, the Customer may consult the Service Provider’s Privacy Policy: https://www.infrenchwesay.com/privacy-policy/.

10. Intellectual property

In general, ownership of the deliverables created by the Service Provider as part of the services will be expressly transferred to the Customer as soon as full payment for the services has been made.

Before submitting a document for translation to the Service Provider, the Customer must ensure that he/she has the right to do so. The Customer must therefore be the author of the original document or have obtained prior written authorization for translation from the owner of the copyright in the document. 

Failing this, the Service Provider cannot be held liable in any way if all or part of the documents entrusted to her by the Customer infringe the intellectual property rights or any other rights of a third party or any applicable regulations. In such a case, the Customer shall be solely liable for any damages and financial consequences arising from its negligence alone. 

Furthermore, the Customer acknowledges that the translation produced by the Service Provider constitutes a new document, the copyright to which is held jointly by the author of the original document and the Service Provider. Consequently, in the case of services of a literary or artistic nature, and without prejudice to its economic rights over its work, the Service Provider reserves the right to demand that her name be mentioned on any copy or publication of its service, in accordance with Article L.132- 11 of the French Intellectual Property Code.

All content on the Website (text, descriptions, photographs, content, digital media, logo, etc.) is the property of the Service Provider and is protected by its intellectual property rights. The Customer may not copy or appropriate all or part of the content of the Website.

Modules, media, content and tools not included in the list of deliverables but created by the Service Provider to complete the service remain its intellectual property. Payment for this Service does not imply the assignment or granting of these rights. The Customer may use this content for personal use only. It is formally forbidden to use and reproduce this content to create or supply a program, support, e-book or any creation of similar products and/or services.

If these various provisions are not complied with, the Service Provider will act in violation of her intellectual property rights and the Customer will be sanctioned accordingly.

11. Image rights

If requested prior to the start of the service, the Customer may obtain a recording of the videoconferences in which he/she participated with the Service Provider. In this case, the Customer expressly agrees to the recording (capture and fixation) of his/her name (surname, first name and/or company name), image (profile image or live video), voice (in the event of an intervention) and any element relating to the Customer appearing live on the videoconferencing tool used by the Service Provider.

All such recordings and shared tools remain the full and complete intellectual property of the Service Provider. No compensation or remuneration may be claimed.

12. Customer review and testimonial

The Service Provider reserves the right to request the Customer’s opinion on the content of her Services. These reviews may be published on the Website and her social networks. The Customer is free to request the withdrawal or deletion of such sharing at any time, by contacting the Service Provider, in writing, at the following address: hello@infrenchwesay.com.

13. Force majeure and non-performance exception

Apart from the normal course of the Services and their periods of access and execution agreed at the time of purchase, certain events may occur which could call into question the commercial relationship established between the Parties.

Any event beyond the control of the Parties, qualified as force majeure within the meaning of article 1218 of the French Civil Code, shall be considered as a cause for exoneration from their obligations and shall result in the suspension of the service. This event must prevent the Parties from fulfilling their obligations in the manner normally provided for in these General Terms and Conditions of Sale.

In this case, the Parties shall contact each other as soon as possible to agree on new terms for the performance of the Service. The Service Provider cannot be held liable in such circumstances.

If one of the Parties fails to perform any of its obligations (payment, collaboration, confidentiality, etc.) when due, the other Party may refuse to perform any of its obligations in turn. This is permitted only if the non-performance is sufficiently serious to prevent collaboration. The Party that notices a non-performance on the part of the other Party notifies it by email. A period of one month is allowed for the Parties to find common ground and resume collaboration. If the defaulting Party has not fulfilled its obligation by the end of this period, the Contract will be terminated, without any compensation.

14. Applicable law

These General Terms and Conditions of Sale are governed by French law. The Parties elect domicile at their respective registered addresses.

These Conditions are available in French and English. In the event of any discrepancy between the French and English versions, the French version shall prevail.

15. Dispute resolution

15.1. Professional customers

In the case of professional customers, the parties undertake, in the event of a dispute of any nature whatsoever and prior to any legal action, to submit to an attempt at conciliation. 

To this end, as soon as the dispute arises, the parties undertake to jointly refer the matter to the SFT Arbitration Committee by registered letter with a copy sent by registered letter to the other party. 

The parties undertake to do their utmost to ensure that this conciliation has every chance of success. They undertake to act in good faith. They also undertake not to refer the matter to a judge for a period of 4 (four) months following referral to the Committee and accept that any referral made in contradiction with this obligation may be construed as a dismissal or, failing that, as an obstacle to any amicable settlement of the dispute and justifies the payment to the other party of compensation of 1,500 (one thousand five hundred) euros.

15.2. Individual customers

In the event of a dispute between the Customer and the company, they will endeavor to resolve it amicably (the Customer will send a written complaint to the professional or, where appropriate, to the professional’s Customer Relations Department).

In the absence of an amicable agreement, or in the absence of a response from the Professional within a reasonable period of one (1) month, the individual consumer within the meaning of article L.133-4 of the French Consumer Code, may refer the matter free of charge, if a disagreement remains, to the competent mediator on the list of mediators drawn up by the Consumer mediation evaluation and monitoring commission (Commission d’évaluation et de contrôle de la médiation de la consommation) in application of article L.615-1 of the French Consumer Code, namely:

La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux, France

If the Parties are unable to reach an amicable solution, the dispute will be submitted to the competent French courts under the conditions of common law.

Appendix 1: Withdrawal form

For the attention of: ___________________________ (service provider’s company name)

Subject: Withdrawal of my purchase

I, the undersigned Mr/Mrs ___________________________ (identity of customer), hereby give notice of my withdrawal from the purchase/signature made with your services.

Name of the service: ___________________________

Signed/Purchased on: ___________________________

Customer last name/first name: ___________________________

Price of the service paid on the day of withdrawal: ___________________________

Customer’s email address: ___________________________

Customer’s postal address: ___________________________

Professional customer SIRET no.: ___________________________

Signed in: ______________________

Date: ______________________

Customer signature: