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Terms and Conditions

  1. Scope
    1. These Terms and Conditions shall apply to all contracts between Exalingo and the customer placing the linguistic service order (Client), unless otherwise stipulated in writing or stipulated by law. These Terms and Conditions are accepted by the Client by placing an order to Exalingo and shall be valid throughout the entire business relationship between Exalingo and the Client. Oral agreements must be confirmed in writing.
    2. The Client's terms and conditions are not valid unless accepted by Exalingo in writing.
    3. Where the Client is acting on behalf of a third party, Exalingo is entering a contract exclusively with the Client, who shall make all payments punctually, regardless of the actions or performance of the end user of the documents provided by Exalingo.
  2. Quotation Validity
    1. Our quotations are valid for the duration specified on the quotation document. This duration depends on the amount of work required for the particular job being quoted.
    2. When a quotation is not accepted within the specified validity period, Exalingo can revoke, at its discretion, the validity of said quotation without conditions, depending on the availability of its staff.
    3. When a quotation is accepted after its specific validity period, discounts and bonuses that were part of the initial quotation are no longer applicable.
    4. When a quotation is accepted after its specific validity period, the work performed may be billed at a higher price than initially quoted.
  3. Fees and Placement of Purchase Order
    1. For all services request, Exalingo will send a Quote to the Client by e-mail. This Quote contains important details of the Client's requested work, including but not limited to the name of the person responsible for payment, the Client's mailing address, the way of delivery, the delivery date, and Exalingo fee for the services described.
    2. Exalingo is entering a contractual agreement with the Client only when the Client has agreed, in writing (generally by email), to the Quote and to these Terms and Conditions.
    3. Once the Quote has been accepted, if the Client change the documents initially produced for assessment by Exalingo or some or all of the parameters concerning the provision of the requested services (including change of deadline or delivery format), or if it emerges that not all the relevant information has been provided, Exalingo may decide, to its sole discretion, to renegotiate the quoted fee to take into account any additional work.
  4. Client's Obligation to Co-Operate and Provide Information
    1. For any linguistic service, in the event that the source document contains any ambiguities, Exalingo reserves the right to either carry out the translation or revision to the best of its understanding or to consult with the Client.
    2. The Client shall indicate the intended use of the deliverable(s) (translation or otherwise) in writing.
    3. Where the intended use is print publication, the Client shall provide Exalingo with a proof before printing commences and a voucher copy after print publication.
    4. If available, the Client shall, without prior request and in good time, provide Exalingo with supplementary documentation (company-own glossaries, abbreviations, photos, etc.) which might aid the translation, editing or revision process. If no customer-specific terminology or informative supplementary documentation is provided, Exalingo shall translate or revise technical terms using their generally acknowledged equivalents. 
    5. Should any claims of third parties arise against Exalingo due to breaches of copyright, the Client shall indemnify Exalingo from such third party claims.
    6. Exalingo shall have no responsibility whatsoever with respect to any changes made to the Deliverables by persons other than staff at Exalingo after delivery of the Deliverables.
  5. Delivery
    1. If a fixed delivery date has been agreed upon in the Quote, and if the Client has approved the Quote and accepted these Terms and Conditions, the delivery date is binding on Exalingo unless Clause 4.d herein applies.
    2. The services will be carried out according to the principles of proper professional practice and with the utmost possible care. The Client will receive the deliverable(s) as defined in writing in the agreed upon Quote.
    3. The delivery date and hour mentioned on the quote sent by Exalingo will only be binding for the work detailed on the quote and may be altered if any amendments are made to the Client's requirements.
    4. If circumstances arise which prevent delivery of the documents by the agreed deadline, Exalingo will inform the Client of this at the earliest opportunity and discuss an appropriate solution and may decide, at its sole discretion, to apply a discount on the final invoice. Exalingo will not be held responsible for any loss, damage or late delivery of finished work due to the postal or telecommunication services or to force majeure. Exalingo shall not be in default if its non-performance is caused by circumstances beyond its control.
    5. An extension of the delivery date can be negotiated and agreed upon in writing by both parties at any time during the duration of project, after approval of the initial quote.
    6. The An extension of the delivery date can be negotiated and agreed upon in writing by both parties at any time during the duration of project, after approval of the initial quote.
    7. Client is expected to acknowledge receipt of the documents within one (1) business day of their delivery.
  6. Format
    1. Translations and revisions are delivered as per the delivery information specified in the quote, generally by email. On request, delivery is possible by standard mail or courier services. All other mode of delivery must first be approved by both Exalingo and the Client and may be associated with billable extra fees.
  7. Billing
    1. Exalingo will send a final invoice after receiving the acknowledgement of receipt from the Client or, within 2 business days of delivery.
    2. Minimum billing is equivalent to one (1) hour of work at the agreed-upon hourly rate, Can$ 65/hour if no hourly rate has been agreed upon.
  8. Payment
    1. Unless otherwise agreed, payment shall be made in full to Exalingo no later than 30 days from the date of invoice, by the payment method specified on the Quote.
    2. Larger projects may require delivery and payment in installments, to be agreed before work commences.
    3. In the event of a payment being overdue, Exalingo will have the right to stop work on any outstanding projects until the outstanding payment is made in full.
    4. In case of recurring late payments, a 4% late payment penalty will be applied on any outstanding invoice.
  9. Intellectual property
    1. Deliverables remain the intellectual property of Exalingo until payment has been received in full. If copyright is assigned and the documents prepared by Exalingo are subsequently published, the Client is expected to acknowledge Exalingo work in the same way as for others involved in the publication, unless otherwise agreed.
    2. If the delivered translation is in any way amended or altered without written permission from Exalingo, Exalingo shall be in no way liable for the amendments made or their consequences.
  10. Confidentiality
    1. All knowledge and information provided by the Client to Exalingo for the purpose of completing the work defined in the Quote will be considered strictly confidential, including information regarding the business and products of the Client, and except when expressly authorized by the Client in writing, will not be divulged or published by Exalingo and will not be authorized by Exalingo to be divulged or published by others unless compelled to do so by law. Confidential information for purposes of this paragraph does not include the following:
      1. Information, which is or becomes available to the general public, provided the disclosure of such information did not result from a breach by Exalingo of this paragraph.
      2. Terminological glossary entries compiled by Exalingo in the course of Exalingo performance of the work detailed in the Quote and in accordance with these Terms and Conditions, unless the Client and Exalingo agree, prior to the establishment of the Quote, that such terminological glossary entries will become the property of the Client and will therefore be covered by the confidentiality provisions of this paragraph.
    2. Other translation and revision professionals may be consulted over specific terminology queries and linguistic matters, provided that there is no disclosure of confidential material.
    3. Exalingo will be responsible for the safe-keeping of the Client’s documents once received, and for copies of the completed translation. However, Exalingo accepts no responsibility for the confidentiality of, or loss or damage to documents/data whilst in transit, electronically or otherwise.
    4. Exalingo reserves the right to use translated texts (especially Web sites), which are made available to the public after the translation has been completed, for reference purposes.
  11. Termination of Contract - Cancellation
    1. In case the Client cancels an order without being entitled to do so by law, Exalingo shall be paid for services rendered up to the date of termination in addition to 10% of the agreed fee for the uncompleted work, unless otherwise agreed.
    2. The contract must be terminated in writing.
    3. If the Client cancels or withdraws from any portion of the Quote – for any reason - prior to Exalingo having begun the corresponding work, the Client will be entitled to a refund after deduction of applicable administration fees if payment haa already been received from the Client. A refund shall be issued by Exalingo via cheque, PayPal or direct bank transfer, at its discretion.
    4. Cancellation fees: Can$ 50.00 will be retained by Exalingo for administration fees on any prepaid account after cancellation of order by the Client.
    5. If a Client goes into liquidation, receivership, or becomes insolvent or bankrupt, Exalingo must be notified and has the right to cancel any agreed work.
  12. Complaints and disputes
    1. Any complaints by the Client regarding Exalingo work shall be submitted within 7 days of delivery.
    2. Exalingo shall not be liable for mistakes resulting from badly legible, incorrect, or incomplete original texts or by incorrect terminology.
    3. The mistakes must be sufficiently explained in writing and the complaint must contain evidence. If Exalingo does not receive a written complaint within said seven days, the documents delivered shall be deemed to be without mistakes; and the Client waives all rights to which he might be entitled because of possible mistakes.
    4. The Client shall grant Exalingo an appropriate period of time to rectify any mistakes. If the Client denies granting Exalingo a reasonable period of time for the correction of the mistakes, Exalingo shall no longer be liable for such mistakes. If the mistakes are remedied by Exalingo within said appropriate period, the Client shall not be entitled to any price reductions. In the event that Exalingo does not remedy the mistakes within the applicable period, the Client shall be entitled to demand a price reduction.
  13. Responsibility and liability
    1. Exalingo shall undertake to carry out the requested linguistic services with reasonable skill and care, according to the standards of the industry, and endeavour to ensure that the documents provided are suitable for their agreed purpose and target readership. The translation will match the source material in content, style and form, and the Client is not entitled to expect any improvements to be made to these aspects by Exalingo unless expressly specified at the time the project is commissioned.
    2. Exalingo entire liability to the Client shall not exceed the agreed price of the translation. The Client must notify Exalingo of the full details of any claim within seven (7) days of delivery of the documents, otherwise no liability is accepted. Under no circumstances shall Exalingo be held liable for claims related to nuances of style.
    3. The Client is responsible for ensuring the source text does not contain material of a libellous nature or infringe the intellectual property rights of third parties. Exalingo accepts no liability for this.
Office hours: Monday to Friday 8:30 AM - 5:30 PM
 
Our present date and time:
  
Monsieur Roussel helps me deliver projects on time (though ahead of schedule if he can) and on budget. More/Less.


Eli Yarhi, Special Projects Editor, The Canadian Encyclopedia.

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