Terms and conditions of use
Pop translation is a website that allows individual or professional clients (referred to as « Clients ») to purchase services related to documents or website content (referred to as « Content »), more specifically to have such Content translated, corrected or written (these three terms being referred to as « Services ») by qualified Freelancers (hereinafter referred to as « Freelancers »). Pop translation ensures the connection between the Clients and the Freelancers who perform the Services.
Pop translation and the Freelancer hereinafter collectively referred to as the « Parties » and individually a « Party ».
Company name: L’OEIL POP
Head office address : 40 BIS rue Ernest Renan, 92130- Issy-les-Moulineaux
RCS Nanterre : 529 554 529
Capital stock: 10 000 euros
email : firstname.lastname@example.org
Téléphone : +33 1 46 42 01 43
Publishing Director : Alexandre MORELLI
Hosting company: OVH
Adress of the Hosting company : 19 Pl. Françoise Dorin, 75017 Paris
Acceptance of the Terms
Your registration to the Services offered on this site implies acceptance of these Terms. If you are registering on behalf of a company or any other legal entity, you must be the legal representative, or have obtained the express authorization.
Pop Translation reserves the right to change these Terms at any time. If we do so, we will immediately post the new Terms. Your actual use of the Services offered by Pop translation after publication of the updated Terms will constitute full and complete acceptance of them.
This document is the original version, written in French, of the Terms of Pop translation. In case of contradiction between this text and one of the translations available on the language versions of Pop translation, the French version will prevail.
Description of the Services
- TRANSLATION SERVICE
Translation is a service allowing to obtain a content in a language from an original content written in a different language. As far as possible and taking into account the cultural and linguistic subtleties of the language, the Freelance is committed to the most complete conservation of the general spirit, the organization of the information and the type of vocabulary used.
- CORRECTION SERVICE
Proofreading is a service that allows the Client to submit content to a Freelancer for correction of all errors and flaws. The correction is concerned with the vocabulary, grammar, spelling, punctuation, structure, style and syntax used. If he wishes, the Client may ask the Freelancer to limit his control to one or more of these points. In this case, the Freelancer must explain this as clearly as possible in the initial request that defines the project.
- DRAFTING OFFICE
Copywriting is a service that allows you to purchase original content on a given theme and for a specific need. According to the initial request, the Freelance does the necessary research on the subject to be treated, then writes a content corresponding to the criteria exposed on the expected volume of words or the type of vocabulary requested. The Freelance commits to produce a strictly original and unique content and not to plagiarize under any circumstances other contents, whatever they are.
- TRANSCRIPTION SERVICE
Transcription is a service that allows you to transcribe all the information coming from a video or audio file, whether this file is in digital format or not, to obtain a text file.
Use of the Services
INITIAL REQUEST (BRIEFING)
- 1. Translation and Proofreading Service
The Customer may submit to Pop Translation a document, a database extract or a free text and add explanations to guide the Freelancer in his mission (hereafter defined together as « Initial Request »).
- 2. Editorial Department
For each project, the Freelance has a certain number of elements which must guide him in his mission.
It is understood that :
The volume of words expected is to be understood with a margin of +/- 10% (for an order of 500 words, you can deliver a text of 450 to 550 words). A maximum or minimum number of words may also be requested, which must be respected.
The « Keywords » option allows the Client to indicate a series of words or expressions that you must integrate into the Content according to a certain recurrence. You agree to respect the Customer’s initial request, taking into account the general understanding of the text.
- 3. Transcription Service
Transcription is a service that allows the transcription of all information coming from a video or audio file, whether or not this file is in digital format to obtain a text file.
The Freelancer undertakes to perform a quality Service in accordance with the Client’s Initial Request.
The Freelancer agrees not to:
to write a text that may infringe the universal and individual rights of a moral or physical person;
to produce a Content that holds defamatory or insulting remarks against a moral or physical person, alive or dead;
to propose a Content that is contrary to good morals, that advocates violence, hatred or racism or that is considered illegal or contrary to public order ;
to propose Content that is erotic or pornographic (unless this is the result of a specific request from the client, which must be in complete accordance with your personal and religious morals and considerations);
translate works (for example, a book);
make unpleasant or defamatory comments.
CONTENT AND EXTERNAL LINKS
You acknowledge that you are solely responsible for the use of the documents and information that the Customer attaches to its project on Pop translation (collectively, the « External Content » and « External Links »). Due to the volume of information exchanged, Pop translation is not responsible for the accuracy or legality of the External Content.
SERVICE DELIVERY TIMES
Once you have accepted a listing, you have a variable amount of time to deliver the Content to the customer. The maximum time is indicated on each listing submission. Once this time limit has expired, the file is withdrawn from you and everything you may have already done for it is permanently deleted. This time limit may however be suspended if an exchange is established with the Customer or Pop translation’s support to specify the need.
Pop translation reserves the right to withdraw any assignment from the Freelancer, without remuneration, in the event of non-compliance by the Freelancer with the agreed deadlines or the expected quality of service.
Pop Translation undertakes to assign projects to Freelancers who meet the criteria set by the Customer at the time of the Initial Request.
These Terms are concluded intuitu personae, the Freelance undertakes to perform directly the Services. Consequently, the Freelancer may not subcontract the execution of the Services, in whole or in part, to a third party, under penalty of damages and interest.
The Customer has a period of 7 calendar days from the submission of the Content by the Freelancer to check compliance with its Initial Request. This period may be extended to 14 days in certain cases in the case of special agreements between Pop translation and the Customer.
In the absence of acceptance within the time limit, the Content submitted by the Freelancer shall be considered accepted by the Customer. However, it is possible that a Customer may not have been able to review the Content within the specified time period. In such a case, the Freelancer undertakes to carry out the modification requests requested by the Client, even if the Content has already been automatically approved.
If the Customer believes that the submitted Content does not fully meet its expectations, it may request a revision from the Freelancer. In this case, the Client agrees to be as precise as possible in its exchanges with you to facilitate the review of the Content by the Freelance. The number of revision requests is not limited and the Client may contact the Freelance as long as he is not satisfied and the Freelance deems these requests to be justified.
In the context of a review request, the Freelancer is put in direct contact with the Client by means of an internal messaging system of Pop Translation. It is understood, with respect to these exchanges, that:
the Freelancer is formally prohibited from seeking to obtain by any means whatsoever the Customer’s contact information in order to contact him outside the environment provided by Pop translation, under penalty of having his account permanently deleted with total loss of accumulated earnings and legal action for damages;
Pop translation may access at any time and without any limit the content of the exchanges, in order to rule on moderation or to control the proper conduct of operations between the Customer and the Freelancer.
If the Customer considers that the Freelancer has not complied with its Initial Request, it may reject its Content. The opening of a refusal procedure implies the control of a third party moderator who will study the relevance of the Client’s refusal.
If the moderator believes that the Customer’s rejection is justified, the Service is taken back from the Freelancer and the order is immediately re-launched with a new Freelancer;
if the moderator rejects the Customer’s request, the Content may be considered validated, or the moderator may ask the Freelancer to apply some modifications to bring the Content in line with the Customer’s Initial Request.
If you feel that the Customer’s requests for revision are not justified in light of the Initial Request, you may request the intervention of a moderator. This third party will analyze the Customer’s Initial Request, the Content produced and the various exchanges and revisions.
If the moderator considers that the Freelancer’s request is justified, the Content is automatically considered as correct without the Client being able to object in any way;
if the moderator considers that the Client’s requests for revision are justified, you are obliged to resume your work as a Freelancer until the Client is fully satisfied (as long as it still respects the Initial Request).
OBLIGATION OF CONFIDENTIALITY
As a Freelancer, you are subject to a strict and complete confidentiality agreement. This applies to the very existence of the Service provided to the Customer, a fortiori to the Contents and exchanges with the Customer.
The information exchanged between the Parties and/or between Pop Translation’s Clients and the Freelancer is strictly confidential.
The Freelancer undertakes, throughout the duration of his relationship with Pop translation and for a period of five (5) years from the end of his relationship with Pop translation and/or from the date of communication of the documents by the Clients, to ensure the strictest confidentiality and is responsible for the respect of this obligation of confidentiality with respect to anyone.
The Freelancer therefore undertakes never to transmit or reveal any element provided directly or indirectly by the Customer to anyone.
Pop Translation will use all means deemed necessary and sufficient to protect its interests if a Freelancer fails to respect this confidentiality agreement and the Freelancer agrees to pay Pop Translation damages of
fifty thousand euros (€50,000) in the event of a breach of this clause by the Freelancer.
The Freelancer also agrees never to claim the realization of Services on behalf of the Customer nor to use its brand, its logo and any other element of intellectual property of the Customer.
This confidentiality obligation does not apply to the production of any information in the context of an administrative or judicial request or from any competent authority.
The entire Pop Translation system has been designed so that at no time is it possible for you to directly or indirectly detect the identity of a Client. It is your responsibility to keep all content and exchanges between you and Clients anonymous.
In the event that a Freelancer attempts to contact a Client to offer his services directly or to communicate his personal or professional contact information, the Freelancer agrees to pay to Pop Translation an indemnity of five thousand euros (€5,000) per violation.
Payment and billing
- 1. Rates
Pop translation is based on the principle of payment per word calculated on the basis of the customer order. The word is the unit of calculation used on Pop translation.
The value of the word is indicated on each mission proposed on Pop translation, before acceptance by the Freelance. Acceptance of an assignment at the indicated rate is deemed to be irrevocable acceptance by the Freelancer of the proposed rate.
- 2. Reference currency: the Euro
The reference currency of Pop Translation is the Euro (€)
3. Terms of payment
Freelancers must have a PayPal account to collect their earnings.
Pop translation is not responsible for any payment fees applied by PayPal.
REGISTRATION AND TAXATION
The Freelancer acknowledges that he/she is able to issue invoices and that he/she is in compliance with the legal and fiscal provisions of his/her country of residence. The Freelancer undertakes to make social and tax declarations to the competent bodies in his country of residence. The Freelancer shall indemnify Pop translation against all costs, expenses (including all legal fees such as attorney’s fees), losses, damages and other liabilities (of whatever nature) suffered or incurred by Pop translation and resulting from any claim and/or proceeding brought as a result of the Freelancer’s breach of the obligations, representations and warranties set forth in these Terms.
The Freelancer thus undertakes to:
register with the trade register of his country of residence and acquire a registration number, according to the legislation applicable to his place of residence, or if necessary to guarantee to Pop translation his ability to issue invoices without registration according to the legislation of his country of residence;
provide Pop translation, upon first request, with certificates relating to the payment of his social security contributions and taxes relating to his earnings under penalty of blocking his account and his payments by Pop translation.
In the event of non-compliance by the Freelancer with these two obligations, the Freelancer expressly acknowledges that Pop translation will not be able to proceed to the payment of the amounts due to him.
In addition, in the absence of communication of these elements within three (3) months from the first request of Pop translation, the Freelancer expressly acknowledges that his earnings will be permanently lost.
The Freelancer agrees to provide Pop translation with all the information required by tax laws and regulations for the preparation of invoices relating to amounts to be received by the Freelancer under the Services performed with Pop translation.
The Freelancer shall remain fully responsible for its invoicing obligations and the consequences thereof in terms of VAT.
In particular, the Freelancer undertakes to:
declare and pay to the Treasury the tax mentioned on the invoices issued in his name and on his behalf;
immediately claim the duplicate invoice if the latter is not received ten (10) days after the due date;
notify Pop translation, as soon as possible, of any change in the information concerning the identification of his company, his tax status and/or in the mandatory information mentioned above
The Freelancer also undertakes to:
inform Pop translation, as soon as possible, of any option or waiver of option for payment of VAT, as soon as it is made,
to take responsibility for all disputes that may arise with the authorities concerning him, without Pop translation being concerned;
In this case, only the Principal may issue an amended invoice;
The Freelancer established outside of France expressly declares that this billing mandate complies with the provisions governing billing in the State or Territory in which it is established.
VALUE ADDED TAX
Pop translation is a French company. As such and according to the VAT Code which prevails for the application of the Value Added Tax at national, European and global level, we implement the principles applicable in this matter.
Pop translation may be required to verify the status of each Freelancer with respect to the application of VAT. For this purpose, you may be required to send us, upon request, various documents allowing us to authenticate your Freelance account.
The Freelancer undertakes to provide real and complete information on the legal and fiscal identity of his natural person or the legal entity he represents, specifically regarding his VAT liability. If it turns out that this was not the case, Pop translation may initiate any procedure it deems necessary to regularize the damage, up to the cancellation of all or part of the earnings acquired by the Freelancer or the prosecution of the Freelancer concerned before the competent authorities.
It should be noted that Pop Translation reserves the right to change this rule related to the Value Added Tax according to the evolution of French and European regulations, especially in terms of Freelancers’ rights.
Absence of an employment contract and autonomy of the parties.
NO EMPLOYMENT CONTRACT
The use of Pop translation does not constitute in any way a form of employment contract. Freelancers expressly acknowledge that they are independent service providers and that they therefore remain independent in the management of their time and their obligations and that they are free to accept or refuse the assignments proposed by Pop translation.
Social, legal and tax declarations must be made by the Freelancer according to the laws and legislations in force in his/her country.
AUTONOMY OF THE PARTIES
1. Absence of affectio societatis
The Parties acknowledge and expressly agree that their collaboration does not involve affectio societatis. It does not constitute a de facto or de jure partnership. The Parties undertake not to lead third parties to believe that a particular structure, and in particular a company, could exist between them. Each of the Parties undertakes to respect the identity of the other Party and to take all steps to ensure that there is no risk of confusion between them.
2. Economic independence
The Freelancer expressly acknowledges that Pop Translation reserves the right to terminate any relationship with the Freelancer, without notice or delay.
Completely autonomous and independent of each other, the parties are the sole decision makers in their management. In particular, the Freelance undertakes, during the whole duration of the contractual relationship with Pop Translation, to ensure a sufficient diversification of its customers.
In order to prevent a possible situation of economic dependence of the Freelancer, the Freelancer undertakes, throughout the duration of the commercial relationship with Pop translation, to diversify its clients and to officially inform Pop translation by registered letter with acknowledgement of receipt in the event that Pop translation represents more than 20% of its turnover.
If Pop translation so requests, the Freelancer undertakes to inform Pop translation of the proportion of its turnover that it achieves with the latter.
In any event, the Freelancer shall not be entitled to complain to Pop translation, if need be, that it has allowed any situation of economic dependence to arise as a result of the performance of these Terms.
COPYRIGHTS AND EXPLOITATION RIGHTS
The Freelancer transfers exclusively, irrevocably, without time limit and for the whole world to Pop translation the following rights on the Content produced for the services of Pop translation.com services and by means of its tools:
Reproduction rights: To create and distribute any copy of the work, whether direct or indirect, temporary or permanent, in whole or in part;
Exploitation rights: To use, distribute, modify, translate, adapt, monetize, record, deposit, and exploit the Content on all existing and future media (Internet site, DVD, advertising brochure, press release, etc.); Communication rights to the public: To represent the Content on the Internet, in the media, in the media, and in the media itself.To
represent and exploit the text on any type of support and any form (physical, digital, etc.) visible by all and anywhere, without limit, including on an Internet site;
Exclusive rights of distribution: To authorize or prohibit the distribution to the public, by sale or otherwise, of the original of its work or of copies of it;
Rights of transfer and sale: Accept or refuse to sell under the conditions of his choice all or part of the rights related to the Content;
Temporary technical reproduction rights: Authorize the temporary and transitory or accessory diffusion and reproduction of the Content;
Waiver of the right to quote: Mention the first name, the surname, the initial or any other form of element allowing the identification of the Freelancer.
All assignments are deemed valid and irrevocable upon Pop Translation’s payment of the agreed remuneration to the Freelancer, this payment being considered validated upon validation of the Contents by the Client. It is
understood that the rights and source files of translation memories and glossaries are also exclusively and irrevocably assigned to the Freelancer, who shall refrain from using them later for his own use or that of one of his clients, other than on behalf of the Client of the Initial Application, under penalty of damages.
Pop translation responsibilities
Pop translation declines all responsibility for Content produced, corrected or translated via its Services. If necessary, Pop translation will transmit to the competent authorities the contact details of the Freelancer responsible for the offending Content.
ACCOUNT CLOSURE AND SUSPENSION
- Account closure at the initiative of the freelancer
You can close your account at any time by sending us a request through support.
Account suspension or closure at the initiative of Pop Translation
In case of violation of the Terms, failure to meet deadlines or expected quality, inappropriate behavior, or generally abuse of the Services, Pop translation reserves the right to suspend or even close the account of the Freelancer concerned. The Freelancer may also be subject to legal action and claims for damages depending on the nature of the fault.
RESPONSIBILITY OF THE FREELANCER
You agree to indemnify, defend and hold harmless Pop Translation, its employees, officers, subsidiaries and affiliates from any claim or dispute arising out of your improper performance of the Services, or your breach of these Terms.
The Freelancer shall be responsible for all damages that may be caused by him to Pop translation, its employees, officers, subsidiaries and partner companies and undertakes to indemnify Pop translation, its employees, officers, subsidiaries and partner companies for any direct or indirect damages they may suffer as a result of the Freelancer’s failure to comply with his obligations.
The Freelancer shall indemnify Pop translation, its employees, officers, subsidiaries and affiliates against the direct and indirect consequences of any claims and actions of any kind, whether civil or criminal, that may be brought or presented by a third party relating to the improper performance of the Services by the Freelancer or to the Freelancer’s failure to comply with these Terms and Conditions, without being able to avail itself of any limitation of liability or any cap on compensation.
In accordance with the provisions of a legislative or regulatory nature, European or national, resulting in particular from Regulation 2016/679/EU of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the amended Act No. 78-17 of 6 January 1978 relating to data processing, Personal data of Freelancers are collected for the purpose of registering the Freelancer as such and are necessary for Pop Translation, as the controller, in order to put in contact the Customers and the Freelancers. If this mandatory data is not provided, the registration as a Freelancer cannot be completed. The Freelance’s personal data will only be kept for the duration of the contractual relationship, for promotional purposes for a maximum period of 3 years following the end of the commercial relationship, excluding the legal obligation to archive, and for purposes of proof and accounting obligations, for a period not exceeding the applicable legal limitation periods.
The files are intended for Pop translation as well as for possible subcontractors of Pop translation for technical and logistic reasons.
In accordance with the Personal Data regulation, the Freelancer has, if necessary after providing a valid identification document, a right of access, rectification, limitation, deletion, and, if necessary, portability of data concerning him/her, as well as a right to oppose, possibly subject to legitimate and compelling reasons, the processing of such data. The Freelancer can also define directives concerning the fate of his personal data in the event of his death. These rights can be exercised on the Freelancer’s personal space on the website www.poptranslation.com by logging in with the email
address and password he/she provided at registration. Finally, the Freelancer has the right to lodge a complaint with a supervisory authority.
As the person in charge of their own processing, Freelancers commit to respect their obligations under the Personal Data regulation.
Pop translation owns all proprietary rights in the Services and the Pop translation Web site. Nothing in these Terms grants you the right to use Pop translation’s trade names, trademarks, service marks, logos, domain names and other distinctive signs.
You acknowledge that, in connection with your use of the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a manner that is likely to cause confusion as to the owner or licensee of such marks, names, or logos, whether intentional or not.
In accordance with Article 1367 of the Civil Code, by checking the box by which you agree to these Terms, you acknowledge that your agreement constitutes an electronic signature with respect to Pop translation which has, between the parties, the same value as a handwritten signature.
More generally, you acknowledge that any document that has been the subject of this procedure constitutes literal evidence as well as, including outside of such procedure, any electronic mail exchanged between Pop translation and you, so that any correspondence or agreement produces its legal effects to the transaction in question in the same way as those subject to a handwritten signature.
Except in the case of proof to the contrary recognized as valid by a court, any electronic mail exchanged between Pop translation and you is opposable not only respectively, but also with respect to any third party beneficiary with the same evidentiary force as a paper-based writing.
Pop translation reserves the right to change the Content and specifications of the Services at any time without notice.
You agree to receive electronic communications from Pop translation at the email
address you provided when you registered. You may change this address and opt-out of receiving commercial communications at any time through your user interface.
You acknowledge that you are solely responsible for all activity on your account, and agree to comply with all applicable laws in connection with your use of the Services.
You agree not to copy, modify or create a derivative work, disassemble, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Services without the express permission of Pop translation.
In the event of the transfer of the company to a third party, the contracts binding Pop translation to its Freelancers shall automatically be transferred to the transferee subject to prior notice to the Freelancers in accordance with Article 1216 of the Civil Code.
If one of the provisions of these Terms is declared invalid by a competent court, the said provision shall cease to apply, without affecting the other provisions of the Terms, which shall retain all their force and scope.
In the event of a dispute related to the application and/or interpretation of these Terms, the Freelancer has the possibility to resort to a conventional mediation procedure or to any other alternative dispute resolution method.
These Terms are governed by French law. You and Pop Translation agree to submit any dispute arising out of these Terms to the exclusive jurisdiction of the French courts.
« Pop translation » is the property of L’oeil pop, 40 bis Ernest Renan, 92130, Issy-les-Moulineaux FRANCE. For any question about these Terms, please contact us.