TERMS OF SERVICES

From the Void

For the purpose of these Terms, ‘From the Void’ hereinafter refers to From the Void, an ‘SASU’ company registered in France under SIRET number 88286746800010, with which a Customer enters into an assignment agreement.

Application

These Terms are applicable to all assignments for translation and/or related services accepted by From the Void and the Customer unless otherwise agreed in writing or required by law.

Acceptance of assignment

An assignment agreement is entered into when the Customer accepts the price quote proposed by From the Void in respect of an assignment or the parties come to a specific agreement.

From the Void reserves the right to decline an assignment if From the Void considers the assignment to contain a criminal element or if the nature of the assignment in general is in breach of From the Void’s Ethical Policy.

Implementation

The work of From the Void is carried out with accuracy and care by competent personnel and in accordance with the assignment agreement entered into by both parties. From the Void abides by the Code of Good Practice appropriate to its line of work. Unless otherwise agreed by From the Void and the Customer, From the Void will employ the methods and standards pertinent to its work.

The Customer shall provide From the Void with the material required in order for From the Void to carry out the assignment in accordance with the assignment agreement whereupon From the Void shall notify the Customer if it is not in receipt of the full material required. If the necessary material is not received from the Customer, From the Void is entitled to an extension of delivery. If the absence of the material required renders it significantly more difficult for From the Void to carry out the assignment, From the Void has the right to terminate the assignment with immediate effect.

Terms of delivery

Terms of delivery are agreed in association with each individual assignment contract.

Delay in delivery

If a delay in delivery from From the Void is considered significant given the volume and frequency of the assignment, the Customer is entitled to terminate the assignment with immediate effect and, if relevant, is liable to pay for the completed parts of the assignment. No other sanctions shall apply owing to a delay in delivery from From the Void.

Liability for fault or defect

From the Void is liable for any fault or defect arising from the implementation of an assignment that is not of insignificant importance to the Customer unless the fault or defect is caused by a fault or defect in the original material submitted by the Customer or any other circumstances of the Customer. In the event of a fault or defect arising from the performance of From the Void, such fault or defect shall be corrected at the expense of From the Void.

Confidentiality

Confidential documents and files made available to From the Void in connection with an assignment are treated as strictly confidential and will not be disclosed to a third party without the approval of the Customer with the exception of From the Void’s staff and subcontractors. From the Void shall ensure that all relevant staff and subcontractors have signed a Confidentiality Agreement vis-à-vis From the Void to the same effect. Confidential information does not include information that is or will be known to the general public or that in any other way (unrelated to the assignment) is received by From the Void.

Unless the Customer has requested in writing that From the Void use a specific alternative delivery mode, From the Void is not in breach of the confidentiality clause above if delivering the assignment to the Customer via the same delivery mode used by the Customer to supply the original and related material to From the Void.

Ownership

The end product of the assignment submitted to the Customer is the property of the Customer for unconditional use subject to From the Void having received full payment. However, From the Void is entitled to have free disposal and use of glossaries and translation memories created in conjunction with the assignment.

When entering an assignment agreement, unless agreed otherwise, the Customer gives implicit approval to From the Void for the public use of images, videos and other media from and related to the corresponding project for the purposes of illustrating and promoting the work carried out by From the Void, in-so-far as the content used by From the Void does not breach confidentiality and does not reflect negatively on the Customer. The Customer is entitled to requesting the removal of any piece of content published by From the Void featuring their product.

Price of assignment

The price is agreed on an individual assignment basis.

Termination

The Customer is entitled to terminate an assignment prior to delivery conditional on the Customer compensating From the Void for the work carried out prior to notice of termination.

Terms of payment

From the Void will invoice the Customer upon completion of the assignment. All invoices are payable within fourteen (14) days from the date of invoice. Interest on overdue payments is charged in accordance with French law.

Due to the nature of the assignment or the customership, From the Void is entitled, if it so deems necessary, to request the issue of a monthly or advance invoice. In case of monthly invoicing, From the Void will charge for the work carried out throughout the month adding up to the total price of the assignment.

In case of advance invoicing, 30 % of the agreed or estimated total price is invoiced at the time of accepting the order.

Overdue payments

From the Void is entitled to terminate the assignment in the event of the Customer being in arrears with payments of significance importance to From the Void. From the Void is also entitled to claim compensation from the Customer for work carried out until the date of termination.

Legal infringement

From the Void is liable to ensure that the services offered by From the Void do not infringe on the rights of another entity such as a patent, brand name or copyright subject to and in so far as the material submitted to From the Void forming the basis of the services offered by From the Void, do not infringe on the rights of another entity such as a patent, brand name or copyright. The Customer is liable to ensure that the material submitted to From the Void and subsequent handling of such material does not infringe on the intellectual property rights of another entity. The Customer shall indemnify From the Void for any claims made by a third party in connection with an assignment carried out by From the Void on behalf of the Customer.

Limited liability

Aside from these Terms, the Customer cannot make a claim against From the Void in connection with an assignment. The Customer is not entitled to any compensation for loss of production, loss of revenue or any other indirect damage and on no account is From the Void liable for damage in connection with the payment of compensation to a third party. As regards delivery of an assignment by electronic means or data media (e.g. CD), From the Void shall not be held liable for any damage caused by a so-called computer virus or any other problem beyond the control of From the Void. Moreover, From the Void disclaims all liability in connection with a problem that occurs as a result of the Customer using the end product of the assignment or that is pertaining to the technical equipment or software used by the Customer or another entity. The liability of From the Void and its subcontractors is limited to an amount equal to the agreed total value of the assignment.

In order to be able to provide entitlement to compensation, any claim for damages shall be submitted to From the Void in writing as soon as possible after the damage has been discovered, and no later than six (6) months after completion of the assignment.

Force majeure

From the Void shall not be held responsible for any loss caused if From the Void or its subcontractors are late in delivering an assignment due to unforeseen circumstances beyond the control of From the Void or its subcontractors, including but not limited to illness, fire, stroke of lightning, natural disaster, strike, boycott, industrial conflict, war, mobilisation or unexpected call-up for military service, exchange currency restrictions, insufficient or deficient power supply, telecommunications including network communications, insurrection and riots or any other comparable circumstance or unanticipated Government action.

Processing of personal data

As the Data Controller, it is the Customer’s responsibility to obtain consent from data subjects mentioned in documents sent to From the Void for processing or to make sure that another legal basis for the processing is in place.

Storage

From the Void stores customer project files on its file servers for 7 years, after which they are deleted. Translation projects that are handled in the CAT tool MemoQ are deleted from the tool after 2 years. The content of translation memories will be stored for as long as the Customer wishes us to store it.

Ownership

The data stored in translation memories and other databases used for processing the Customer’s documents are the Customer’s data, and From the Void processes the data according to the Customer’s instructions.

Deletion

If personal data needs to be deleted from translation memories and other databases, From the Void would either delete the entire translation memory and/or database, or charge a fee for filtering out the data, where possible.

Governing law and court

The interpretation and application of these Terms shall be governed by French law.

Any disputes relating to the validity, interpretation or application of these Terms shall be decided at a French public court.