Pop translation is a website allowing individuals or professionals (hereinafter “Clients” or “Client”) to purchase services linked to website documents or contents (hereinafter the “Content”), more specifically to translate, correct or produce said Content (those services being referred to jointly as the “Services”) by Freelances selected by Pop translation (hereinafter the “Freelances”).
Pop translation acts as intermediary between the Clients and the Freelances who carry out the Services.
Pop translation and the Freelance are hereinafter collectively called 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: 529 554 529 529
Share capital: 10,000 euros
Telephone: +33 1 46 42 42 01 43
Director of Publication: Alexandre MORELLI
Hosting company's address: 63 Boulevard Masséna - 75013 Paris
Acceptance of Terms
Your registration for the Services offered by this website implies acceptance of these Terms. If you register on behalf of a company or other legal entity, you must be the legal representative or have the legal representative’s formal Authorisation.
In case of non-compliance with these Terms or any other right held by Pop translation, we reserve the right to close your Freelance account and to take all necessary steps to preserve our interests.
Pop translation reserves the right to modify these Terms at any time. In that case, we will immediately post the new Terms online. Your use of the services offered by Pop translation after publication of the updated terms implies your full and entire acceptance of them.
This document is the English translation of the French version of the Pop translation Terms. In case of contradiction between the French text and one of the translations provided by Pop translation, the French version shall prevail.
Description of Services
The Translation Service provides contents in a specific language based on an original text written in a different language. Wherever possible and taking into consideration the cultural and linguistic differences of the languages in question, the Freelance undertakes to preserve as much as possible the general spirit, organisation of information and type of vocabulary used in the original text.
The Proofreading Service allows the Client to submit contents to a Freelance in order for the Freelance to correct any mistakes. Proofreading concerns the vocabulary, grammar, spelling, punctuation, structure, style and syntax used. If required, the Client may ask the Freelance to restrict the revision to one or more of these points. In that case, the Client must provide explanations that are as clear as possible in the original request defining the project.
The Copywriting Service allows the purchase of original content about a given topic and for a specific need. Following the initial request, the Freelance carries out the necessary research on the subject in question, before drafting content corresponding to the criteria defined in terms of expected number of words or type of vocabulary required. The Freelance undertakes to produce completely original and unique content and not to plagiarise any other content for any reason whatever.
Transcription is a service that allows you to transcribe all the information from a video or audio file, whether it is in digital format or not to obtain a text file.
Use of the Services
INITIAL REQUEST (BRIEFING)
Translation and Proofreading Service
The Client may submit a document, database extract or free text to Pop translation, along with guidance to assist the Freelance with the assignment (hereinafter the “Initial Request”).
For each project, the Freelance is provided with a number of criteria to guide the assignment.
It is understood that:
The expected number of words should be understood to include a margin of +/- 10% (for an order for 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 always be strictly respected.
The “Keywords” option allows the Client to provide a series of words or expressions which you must incorporate into the Content with a specific frequency. You undertake to respect the Client’s Initial Request, taking into account the general understanding of the text.
The Freelance undertakes to provide a high-quality Service in line with the Client’s Initial Request.
The Freelance undertakes not to:
produce a text that could infringe the universal or individual rights of a legal entity or natural person;
produce Content containing libellous or insulting words against a legal entity or natural person, living or dead;
provide Content that is contrary to morality, which supports violence, hatred or racism or which is considered illegal or contrary to public order;
provide Content that is erotic or pornographic (unless in response to a specific request from the Client, which must be completely in line with your morality or personal and religious considerations);
translate works (e.g. a book);
express unpleasant or libellous opinions.
EXTERNAL LINKS AND CONTENT
You acknowledge that you are solely liable for the use of the documents and information which the Client attaches to its project on Pop translation (collectively, the “External Content” and “External Links”). Given the amount of information exchanged, Pop translation cannot be held liable for the accuracy and legality of the Content disseminated..
DEADLINE FOR COMPLETING SERVICES
Once you have accepted a brief, you have a variable deadline to deliver the Content to the Client. The deadline is indicated on each presentation brief. Once that deadline has passed, the brief is removed from you and everything you have potentially done for it is permanently deleted. However the deadline may be postponed if a dialogue is established with the Client or Pop translation support specifying the reason.
Pop translation reserves the right to remove any assignment from the Freelance, without remuneration, if the Freelance fails to comply with the deadlines agreed or the expected quality of the service.
ALLOCATION OF FREELANCES
Pop translation undertakes to allocate projects to Freelances who comply with the criteria defined by the Client in the Initial Request and particularly the level of competence requested (“Basic”, “Standard” and “Enterprise”).
These Terms are concluded on an intuitu personae basis and the Freelance undertakes personally to perform the Services. Consequently, he/she may not totally or partially subcontract their performance to any third party, under penalty of damages.
The Client has seven calendar days from the submission of the Content by the Freelance to check compliance with its Initial Request. That period may be increased to 14 days if specifically agreed between Pop translation and the Client.
In the absence of acceptance within that deadline, the Content submitted by the Freelance shall be considered to have been accepted by the Client. In some cases a Client may not have been able to check the Content within the deadline, however. Where relevant, the Freelance undertakes to carry out the Client’s modification requests, even if the Content has already been automatically approved.
If the Client believes that the submitted content does not fully meet its expectations, it may request the Freelance to revise it. In that case, the Client undertakes to be as specific as possible in its communications with you to facilitate the revision of the Content. The number of revision requests is unlimited and the Client may contact the Freelance as long as it is not completely satisfied and the Freelance considers the requests to be reasonable.
In the event of a revision request, the Freelance is put in direct contact with the Client via an internal Pop translation messaging system. In respect of these communications, it is understood that:
the Freelance is formally prohibited from seeking in any way to obtain the Client’s contact details in order to contact it outside the environment provided by Pop translation, under penalty of having its account permanently deleted with total loss of accumulated earnings and legal action for damages;
Pop translation has unrestricted access to the discussions at all times, to decide on moderation or check the smooth functioning of the process between the Client and the Freelance.
if the Client considers that the Freelance has not complied with its Initial Request, it may reject the Content. Initiation of a rejection procedure involves inspection by a third-party moderator, who will assess the relevance of the Client’s rejection.
if the moderator considers that the Client’s refusal is justified, the Service is withdrawn from the Freelance and the order is immediately allocated to a new Freelance;
if the moderator rejects the Client’s request, the Content may be considered approved or the moderator may ask the Freelance to make some changes so that the Content corresponds to the Client’s Initial Request.
If you consider that the Client’s revision requests are unfounded in relation to the Initial Request, you may request intervention by a moderator. That third party will analyse the Client’s Initial Request, the Content produced and the various exchanges and revisions.
if the moderator considers that the Freelance’s request is justified, the Content is automatically considered to be correct without the Client being able to make any further objection;
if the moderator considers that the Client’s revision requests are justified, you are obliged to resume your work as a Freelance until the Client is fully satisfied (providing it continues to correspond to the Initial Request).
As Freelance, you are subject to a strict and comprehensive confidentiality agreement. This applies to the very existence of the Service supplied to the Client, as well as the Content and discussions with the Client.
The information exchanged between the Parties and/or between Pop translation’s Clients and the Freelance is strictly confidential.
The Freelance undertakes, throughout the duration of its relations with Pop translation and for a period of five (5) years from the end of its relations with Pop translation and/or from the date of communication of the documents by Clients, to ensure the strictest confidentiality and vouch for compliance with this confidentiality obligation in respect of any other party.
The Freelance therefore undertakes never to transmit or reveal any information supplied directly or indirectly by the Client to any other party.
Pop translation shall commit all necessary and sufficient resources to protect its interests if a Freelance breaches this confidentiality commitment and the Freelance undertakes to pay Pop translation damages of fifty thousand euros (€50,000) if it breaches this clause.
The Freelance also undertakes never to claim Freelanceship of the Services on behalf of the Client nor use its brand, logo or any other element of the Client’s intellectual property.
This confidentiality obligation does not apply to the production of any information relating to an administrative or judicial request or a request from any competent Freelanceity.
The entire Pop translation system has been designed to prevent you identifying the Client at any time. You are responsible for maintaining the anonymous nature of all Content and discussions between you and Clients.
If a Freelance attempts to contact a Client to offer its services directly or to communicate its personal or professional contact details, the Freelance undertakes to pay Pop translation compensation of five thousand euros (€5,000) per breach.
Payment and Invoicing
Pop translation adopts the principle of payment per word calculated based on the Client’s order. The word is the calculation unit used on Pop translation.
The per-word value is indicated for all assignments offered by Pop translation, before acceptance by the Freelance. Acceptance of an assignment at the price indicated implies the Freelance’s irrevocable acceptance of the price offered.
Reference currency: Euros
The Pop translation reference currency is Euros (€).
It is impossible to use or recover earnings on a site other than Pop translation or one of its affiliates or partners. Only Pop translation is authorised to pay you your earnings at the price in force on the Pop translation Website.
The Freelance must have a PayPal/account to receive its earnings.
Pop translation is not responsible for payment charges applied by PayPal.
The Freelance grants Pop translation the right to generate the supporting invoice automatically on its behalf. Pop translation shall generate an invoice corresponding to each payment of earning on behalf of the Freelance.
The Freelance explicitly authorises Pop translation (and its subsidiaries or partner or affiliate companies where relevant) to offset the amounts it may owe to or be owed by the Freelance. It explicitly undertakes to accept the principle of withholding on its earnings in the event of a complaint by a Client regarding the quality of the Content provided or non-compliance with the Initial Request, if justified.
REGISTRATION AND TAX
The Freelance declares that it has the capacity to issue invoices and is compliant with legal and tax provisions in its country of residence. It therefore undertakes to make the relevant social security and tax declarations to the competent authorities in its country of residence.
The Freelance shall compensate Pop translation for all costs, expenses (including all legal costs such as lawyers’ fees), losses, damages and other liabilities (of any kind whatever) suffered or incurred by Pop translation and resulting from any complaint and/or procedure initiated due to a failing by the Freelance in the obligations, representations and warranties defined herein.
The Freelance therefore undertakes to:
register with the trades register in its country of residence and acquire a registration number, according to applicable legislation in its place of residence or, where relevant, to guarantee Pop translation of its capacity to issue invoices without registration according to the legislation in its country of residence;
supply Pop translation, on first request, with declarations relating to payment of its social security charges and taxes relating to its earnings, under penalty of freezing of its accounts and payments by Pop translation.
In the event of non-compliance by the Freelance with these two obligations, the Freelance explicitly acknowledges that Pop translation may not proceed with payment of the amounts owed to it.
Furthermore, in the absence of communication of these documents within three (3) months
The Freelance (whether a legal entity or a natural person) explicitly authorises Pop translation to generate and issue invoices in its name and on its behalf, stipulating the amount of commissions repayable to it in respect of each withdrawal of earnings made with Pop translation.
This agreement shall come into effect from acceptance of this agreement by the Freelance for the duration of the Services provided with Pop translation.
An original of each invoice generated by Pop translation on behalf of the Freelance shall be retained by Pop translation.
The Freelance undertakes to provide Pop translation with all the tax stipulations required by legislative and regulatory texts in order to generate invoices for the sums to be received by the Freelance in respect of the Services provided with Pop translation.
The Freelance retains full responsibility for its invoicing obligations and the VAT implications.
In particular, the Freelance undertakes to:
declare and pay to the Treasury the tax indicated on the invoices drawn up in its name and on its behalf;
immediately request a duplicate of the invoice if it has not received it within ten (10) days from its due date;
notify Pop translation, as soon as possible, of any change to the information concerning identification of its company, its tax status and/or the mandatory stipulations referred to above.
The Freelance also undertakes to:
notify Pop translation, as soon as possible, of any option or waiver of the option to pay VAT, as soon as it occurs,
keep a copy of the invoice sent to it in its own accounts;
accept responsibility for all disputes arising with the Freelanceities in its respect, with Pop translation being held harmless;
Each invoice shall be deemed to have been definitively approved and accepted by the Freelance unless challenged in writing within one (1) month from the date it is received;
In that case, only principal may issue an amended invoice;
If the Freelance is based outside France, it explicitly declares that this invoicing agreement complies with invoicing rules in the State or Territory in which it is based.
VALUE ADDED TAX
Pop translation is a French company. Therefore, in accordance with the French VAT Code, which prevails for application of Value Added Tax at a national, European and global level, we apply the principles applicable in this respect.
Pop translation may need to verify the status of each Freelance in relation to the application of VAT. You may therefore be required to send us, on request, various documents enabling us to authenticate your Freelance account.
The Freelance undertakes to supply real and complete information concerning the legal and fiscal identity of its natural person or the legal entity it represents, particularly in respect of its VAT status. If this does not happen, Pop translation may take any steps it deems necessary to settle the loss, up to and including removing all or part of the earnings acquired by the Freelance or prosecution of the Freelance in question before the relevant Freelanceities.
It should be noted that Pop translation reserves the right to change this rule linked to Value Added Tax in response to French and European regulatory changes, particularly in relation to copyright.
Absence of employment contract and autonomy of the parties
ABSENCE OF EMPLOYMENT CONTRACT
Use of Pop translation does not in any way constitute a form of employment contract. The Freelances explicitly acknowledge that they are independent service providers and that consequently they remain independent in the management of their time and their obligations and that they are free to accept or reject the assignments offered by Pop translation.
Social security, legal and tax declarations must be made by the Freelance according to the laws and legislation applicable in its country.
AUTONOMY OF THE PARTIES
Absence of affectio societatis
The Parties explicitly record and agree that their collaboration does not constitute affectio societatis. It does not represent in any way a de facto or de jure company. The Parties undertake not to lead third parties to believe that any particular structure, and in particular a company, may exist between them. Each of the Parties undertakes to respect the identity of the other Party and to take all necessary steps to avoid any risk of confusion between them.
The Freelance explicitly acknowledges that Pop translation reserves the right to terminate all relations with the Freelance immediately and without prior notice.
The Parties are completely autonomous and independent of each other and are solely responsible for all decisions concerning their management. In particular, the Freelance agrees, for the duration of his/her contractual relations with Pop translation, to ensure that its client base is sufficiently diversified.
In order to avoid a situation in which the Freelance is economically dependent, the Freelance agrees, for the duration of commercial relations with Pop translation, to diversify its client base and to officially notify Pop translation by recorded-delivery letter should Pop translation account for more than 20% of its turnover.
At Pop translation’s request, the Freelance agrees to inform Pop translation of the proportion of its turnover generated with Pop translation.
In any case, the Freelance may not complain to Pop translation for having allowed a situation of economic dependence to develop through the implementation of these Terms.
Copyright and exploitation rights
The Freelance assigns to Pop translation, exclusively, irrevocably, without time limits and worldwide, the following rights over the Content produced for the Services of Pop translation.com and using its tools:
Reproduction rights: To create and distribute any copy of the work and, directly or indirectly, temporary or permanently, in part or in full;
Exploitation rights: To use, distribute, modify, translate, adapt, monetising, record, submit or exploit the Content in all current and future formats (websites, DVDs, publicity brochures, press releases, etc.);
Rights of communication to the public: To represent and exploit the text in any format (physical, digital, etc.), visible to anyone, anywhere, without restrictions, including on the internet;
Exclusive distribution rights: To authorise or forbid the distribution to the public, through sale or otherwise, of the original work or of copies thereof;
Rights of assignment and sale: To agree or refuse to sell, at its discretion, all or some of the rights relating to the Content;
Rights of temporary technical reproduction: the temporary, transient or ancillary distribution and reproduction of the Content;
Waiver of Freelance rights: To mention the Freelance’s first name, last name, initial or any other element identifying the Freelance.
All assignments are deemed to be valid and irrevocable once Pop translation has paid the fee agreed with the Freelance, said payment being considered to be confirmed once the Client has approved the Content.
It is understood that the rights to and the source files for the translation memories and glossaries provided are assigned exclusively and irrevocably and that the Freelance shall refrain from subsequently using said translation memories and glossaries for its own purposes of those of its clients, other than on behalf of the Client that made the Initial Request, under penalty of damages.
Pop translation’s liability
Pop translation declines all liability for the Content produced, proofread or translated via its Services. If necessary, Pop translation shall transmit the details of a Freelance responsible for offensive Content to the competent Freelanceities.
Access to the Services
You are not authorised to access the Service via an automated system. Monitoring, copying or diverting the use of the Service using robots, spiders or other automated data recovery systems of is forbidden without our formal written authorisation (exceptions are made for all search engines and not-for-profit public archiving systems). Creating accounts with robots or any other automated system is forbidden;
It is understood that a Freelance may connect to Pop translation anywhere and at any time. A Freelance is not subject to any technical or geographical constraints when using its abilities via the Services provided by Pop translation;
Access to projects offered by Pop translation’s Clients is on a “first come, first served” basis. When a Client posts a new project, it will be offered to the Freelances whose profiles correspond to the Initial Request. The first to respond to the request shall then have the right to agree to provide the Service;
The Freelance must never use automated tools of any kind for producing, proofreading or translating any Content.
Account Closure and Suspension
ACCOUNT CLOSURE AT THE FREELANCE'S INITIATIVE
You may close your account at any time, by sending us a request via support.
In the event of account closure, the acquired earnings available in your account shall be paid to you, regardless of their amount, except in the event of fraudulent behaviour or violation of these Terms.
ACCOUNT CLOSURE AT THE INITIATIVE OF POP TRANSLATION
In the event of a breach of the Terms, failure to meet deadlines or to produce Content of the expected quality, inappropriate behaviour with a Client or general misuse of the Services, Pop translation reserves the right to suspend or even close the account of the Freelance in question. The Freelance may also potentially be subject to legal proceedings and claims for compensation and damages, depending on the nature of the violation.
You undertake to indemnify, defend and discharge Pop translation, its employees, directors, subsidiaries and partner companies of any liability in the event of claims or disputes arising as a result of your failure to properly perform the Services or your violation of these Terms.
The Freelance shall be liable for all damage it may cause to Pop translation, its employees, directors, subsidiaries and partner companies and undertakes to indemnify Pop translation, its employees, directors, subsidiaries and partner companies for any direct or indirect damage or loss they may suffer due to the Freelance’s failure to comply with its obligations.
The Freelance shall therefore be obliged to indemnify Pop translation, its employees, directors, subsidiaries and partner companies for the direct and indirect consequences of any claims or actions of any kind whatsoever, whether civil or criminal, that may be brought or presented by a third party in relation to the Freelance’s poor performance of the Services or failure to comply with these Terms, without the Freelance being able to invoke any limitation of liability or any limit on compensation.
In accordance with European and national legislative and regulatory provisions, particularly resulting from Regulation 2016/679/EU of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, amended French data protection law 78-17 of 6 January 1978 and its application texts as well as any other applicable regulation in that respect which is added to or replaces it (hereinafter “Data Protection Regulation”), Freelances’ personal data is collected, for the purposes of the Freelance’s registration as such and is required by Pop translation, as data controller, in order to put Clients and Freelances in contact. Registration Freelance cannot be completed if this compulsory data is not provided. The Freelance’s personal data shall only be retained for the duration of the contractual relationship, for promotional purposes, for a maximum period of three years following the end of the commercial relationship, except in the event of a legal archiving obligation or for evidential purposes or accounting obligations, for a period not exceeding the applicable statutory limitation periods.
The files are provided to Pop translation as well as any subcontractors employed by Pop translation for technical or logistical reasons.
Data may be transferred outside the European Union, particularly in the framework of our translation, localisation and interpretation activities or any other service provided. In that case, Pop translation shall put in place means to ensure the security and confidentiality of that data and that the transfer complies with the law, it being stipulated that if the recipient countries do not provide an equivalent level of data protection to that in the European Union, Pop translation undertakes to obtain all appropriate guarantees, either based on an adequacy decision or, in the absence of such a decision, based on appropriate guarantees concluded by sending a copy of binding internal regulations, standard contractual clauses adopted, the code of conduct or the certification mechanism duly approved by the competent Freelanceity.
In accordance with the Data Protection Regulation, the Freelance has the right to access, rectify, limit, delete and, where relevant, request the transfer of its personal data, as well as a right to object, potentially subject to legitimate and compelling reasons, to the processing of such data. Freelances may also prepare instructions concerning how their personal data should be handled after their death. These rights may be exercised in their personal space on the website www.poptranslation.com by logging in using their email address and password entered at the time of registration. Finally, Freelances have the right to submit a complaint to a supervisory authority.
Insofar as they are responsible for their own processing, Freelances undertake to comply with their obligations resulting from the Data Protection Regulation.
Pop translation holds all the property rights relating to the Pop translation Services and the Pop translation website. No stipulation in these Terms gives you the right to use Pop translation’s trade names, trademarks, service marks, logos, domain names or any other of Pop translation’s distinctive signs.
You acknowledge that when you use the Services, you will use no brand, trade name, trademark, trade name or logo belonging to a company or organisation in such a way as to cause potential confusion, whether deliberate or otherwise, regarding the owner or licence holder of those marks, names or logos.
Agreement on evidence
In accordance with article 1367 of the French Civil Code, by ticking the box to confirm that you accept these Terms, you acknowledge that your agreement constitutes an electronic signature in respect of Pop translation which has the same value between the parties as a handwritten signature.
More generally, you acknowledge that any document which has been subject to this procedure constitutes literal proof in the same way as any email exchanged between Pop translation and you (even outside such a procedure), such that any correspondence or agreement shall be legally valid in respect of the operation in question in the same way as those subject to a handwritten signature.
Unless otherwise proven, as recognised by a court, and email exchanged between Pop translation and you is enforceable not only mutually, but also in respect of any third-party beneficiary, with the same probative value as a paper document.
Pop translation reserves the right to modify the Content and specifications of its Services at any time without notice.
You agree to receive emails from Pop translation, at the email address you provided at the time of your registration. You may change that address or object to receiving marketing communications at any time via your user interface.
You agree to be solely responsible for any activity on your account, and you agree to comply with the legislation in force as part of your use of the Services.
You agree not to copy, modify or create a derivative work, decompile, reverse-engineer or attempt in any other way to extract the source code of all or part of the Services, without having first obtained Pop translation’s explicit consent.
In the framework of the company’s transfer to a third party, agreements between Pop translation and its Freelances shall be automatically transferred to the transferee, providing Pop translation first notifies the Freelances pursuant to article 1216 of the French Civil Code.
If any of the provisions of these Terms is declared invalid by a court of competent jurisdiction, that provision shall cease to apply, without effecting the other provisions of the Terms, which will retain all of their force and scope.
In the event of a dispute relating to application and/or interpretation of these Terms, the Freelance has the option of entering into contractual mediation proceedings or any other form of alternative dispute resolution.
These Terms are governed by French law. You and Pop translation agree to submit any dispute arising from these Terms to the exclusive jurisdiction of the French courts.
“Pop translation” is the property of L’OEIL POP 40 Bis Rue Ernest Renan, 92130 Issy-les-Moulineaux, France. Please contact us with any questions regarding these Terms.