General terms and conditions of use
Pop translation is a website allowing private or professional clients (referred to as “Clients” or “Customer”) to purchase services related to documents or website content (referred to as “Content” or “Content”), more precisely to have such Content translated, corrected or written (these three terms being referred to as “Services”) by qualified Freelancers by Pop translation (hereinafter referred to as the “Freelancer(s)”). Pop translation provides the link 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
Registered office address: 40 BIS rue Ernest Renan, 92130- Issy-les-Moulineaux
RCS Nanterre : 529 554 529
Share capital: 10,000 euros
Telephone: +33 1 46 42 01 43
Director of Publication: Alexandre MORELLI
Address of the Host: 19 Pl. Françoise Dorin, 75017 Paris
Acceptance of the Conditions
By registering for the Services offered on this site, you agree to these Terms. If you are registering on behalf of a company or other legal entity, you must be the legal representative of that entity, or have obtained express permission to do so.
Pop Translation reserves the right to change these Terms at any time. In this case, we will immediately put the new Terms online. Your actual use of the Services offered by Pop Translation after publication of the updated Terms will constitute your full and complete acceptance of them.
This document is the original French version of the Pop Translation Conditions. In case of contradiction between this text and one of the translations available on Pop Translation’s language versions, the French version will prevail.
Description of the Services
Translation is a service that provides content in one language from original content written in a different language. As far as possible and taking into account the cultural and linguistic subtleties of the language, the Freelancer undertakes to preserve as completely as possible the general spirit, the organisation of the information and the type of vocabulary used.
Proofreading is a service that allows the Client to submit content to a Freelancer for correction of all errors and defects. Proofreading looks at vocabulary, grammar, spelling, punctuation, structure, style and syntax. If desired, the Client may ask the Freelancer to limit his control to one or more of these points. In this case, it should be explained as clearly as possible in the initial application that defines the project.
Transcription is a service that allows us 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)
1. Translation and Proofreading Service
The Client may submit to Pop Translation a document, a database extract or a free text and add explanations to guide the Freelancer in his mission (hereinafter defined together as “Initial Request”).
2. Editorial Department
For each project, the freelancer has a number of elements that should guide him in his mission.
It is agreed 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 phrases that you should include in the Content on a recurring basis. You undertake to comply with the Client’s Initial Request, taking into account the general understanding of the text.
3- Transcription Service
Transcription is a service that allows us to transcribe all the information from a video or audio file, whether it is in digital format or not, to obtain a text file.
4. All Services
The Freelancer undertakes to perform a quality Service in accordance with the Client’s Initial Request.
The Freelancer undertakes not to :
drafting a text that may infringe the universal and individual rights of a legal or natural person;
produce Content that contains defamatory or insulting statements about a natural or legal person, living or dead;
propose Content that is contrary to good morals, that promotes violence, hatred or racism or that is considered illegal or contrary to public order;
offer Content that is erotic or pornographic (unless this is the result of a specific request from the customer, which must be in complete accordance with your moral, personal and religious considerations);
translate works (e.g. a book);
make unpleasant or defamatory statements.
EXTERNAL CONTENT AND LINKS
You acknowledge that you are solely responsible for the use of documents and information that 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 responsible for the accuracy and legality of the Content disseminated.
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 card submission. Once this period has elapsed, the record will be withdrawn and anything you may have already done for it will be permanently deleted. This period may however be suspended if an exchange is established with the Client or Pop Translation’s support to clarify the need.
Pop Translation reserves the right to withdraw any assignment from the Freelancer, without remuneration, in the event that the Freelancer fails to comply with the agreed deadlines or the expected quality of service.
ASSIGNMENT OF FREELANCERS
Pop Translation undertakes to award projects to Freelancers who meet the criteria set by the Client in the Initial Application.
The present Conditions are concluded intuitu personae, the Freelancer undertakes to perform the Services directly. Consequently, he may not subcontract their execution, in whole or in part, to a third party, under penalty of damages.
The Client 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 timely acceptance, the Content submitted by the Freelancer shall be deemed accepted by the Client. Nevertheless, it is possible that a Client may not have been able to view the Content within the specified time. Where applicable, the Freelancer undertakes to carry out the modification requests requested by the Client, even if the Content has already been automatically approved.
If the Client feels that the submitted Content does not fully meet its expectations, it may request a review from the Freelancer. In this context, the Client undertakes to be as precise as possible in its exchanges with you to facilitate the transfer of the Content to the Freelancer. The number of review requests is not limited and he can contact the Freelancer as long as he is not satisfied and the Freelancer considers 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 regard to these exchanges, that :
The Freelancer is formally forbidden to try to obtain by any means whatsoever the contact details of the Client in order to contact him outside the environment provided by Pop Translation, under penalty of having his account definitively deleted with total loss of accumulated earnings and pursuit for damages;
Pop Translation may access the content of exchanges at any time and without limit, in order to decide on moderation or to check the smooth running of operations between the Client and the Freelancer.
If the Client believes 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 examine the relevance of the customer’s refusal.
If the moderator considers that the Customer’s refusal is justified, the Service is taken back from the Freelancer and the order is restarted immediately with a new Freelancer;
if the moderator rejects the Client’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 Client’s Initial Request.
If you consider that the Client’s requests for review are unfounded in relation to the Initial Application, you may request the intervention of a moderator. This third party will analyse the Client’s Initial Request, the Content produced and the various exchanges and revisions.
If the moderator considers that the Freelancer’s request is well-founded, the Content is automatically considered 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 Freelance work until the Client is fully satisfied (as long as it still complies with the Initial Request).
DUTY OF CONFIDENTIALITY
As a freelancer, you are subject to a strict and comprehensive confidentiality agreement. This applies to the very existence of the Service provided to the Client, a fortiori to the Content and to exchanges with the Client.
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 undertakes to respect this obligation of confidentiality with regard to anyone.
The Freelancer therefore undertakes never to transmit or reveal any element provided directly or indirectly by the Client to anyone.
Pop translation will use all means deemed necessary and sufficient to protect its interests if a Freelancer breaches this confidentiality undertaking and the Freelancer agrees to pay Pop translation damages to the Freelancer of
fifty thousand euros (€50,000) in the event of a breach of this clause by him.
The Freelancer also undertakes never to claim the performance of Services on behalf of the Client nor to use the Client’s trademark, logo or any other intellectual property.
This obligation of confidentiality 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. Your responsibility is to keep all content and exchanges between you and Clients anonymous.
In the event that a Freelancer attempts to contact a Client to offer its services directly to the Client or to communicate its personal or business details to the Client, the Freelancer undertakes to pay to Pop Translation an indemnity to the Freelancer of five thousand euros (€ 5,000) per breach.
Payment and invoicing
Pop translation is based on a pay-per-word principle 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 stated rate shall constitute irrevocable acceptance by the Freelancer of the proposed rate.
2. Reference currency: the Euro
The reference currency for Pop Translation is the Euro (€)
3. Terms of payment
The Freelancer must have a Paypal account to collect his earnings.
Pop translation is not responsible for any payment charges applied by PayPal.
REGISTRATION AND TAX
The Freelancer acknowledges that he/she is capable of issuing invoices and that he/she is in compliance with the legal and fiscal provisions of his/her country of residence. To this end, he undertakes to make the necessary social and tax declarations to the competent bodies in his country of residence. The Freelancer shall be required to indemnify Pop translation against all costs, expenses (including any legal fees such as attorney’s fees), losses, damages and other liabilities (of whatever nature) suffered or incurred by Pop translation 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, guarantee Pop Translation his ability to issue invoices without registration according to the legislation of his country of residence;
provide Pop translation, on first request, with certificates relating to the payment of its social security contributions and taxes relating to its earnings, under penalty of having its account and payments blocked by Pop translation.
In the event that the Freelancer fails to comply with these two obligations, the Freelancer expressly acknowledges that Pop Translation shall not be entitled to payment of the amounts due to it.
Furthermore, 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/her winnings will be definitively lost.
The Freelancer undertakes to provide Pop translation with all the information required by tax laws and regulations for the preparation of invoices relating to the sums to be received by the Freelancer by virtue of the Services performed with Pop translation.
The Freelancer retains full responsibility for its invoicing obligations and its VAT consequences.
In particular, the Freelancer undertakes to :
declare and pay to the Treasury the tax mentioned on the invoices issued in its name and on its behalf;
immediately claim the duplicate invoice if it has not been received ten (10) days after the due date;
inform Pop Translation, as soon as possible, of any change in the information concerning the identification of its company, its tax status and/or in the compulsory information mentioned above.
The Freelancer also undertakes to :
inform Pop Translation, as soon as possible, of any option or waiver of option to pay VAT, as soon as it is made,
to take ownership of any disputes that may arise with the authorities in relation to it, without Pop Translation being liable for them;
In this case, only the principal may issue a corrective invoice;
The Freelancer established outside 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 (VAT)
Pop translation is a French company. As such, and in accordance with the VAT Code which prevails for the application of Value Added Tax at national, European and global level, we implement the applicable principles in this respect.
Pop Translation may need to check the VAT status of each Freelancer. To do so, you may be required to provide us, upon request, with various documents allowing us to authenticate your Freelance account.
The Freelancer undertakes to provide true and complete information on the legal and fiscal identity of his natural person or the legal person he represents, specifically with regard to his VAT liability. If it is found that this was not the case, Pop Translation may initiate any proceedings it deems necessary to rectify the damage, up to and including the withdrawal of all or part of the Freelancer’s earnings 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 relating to Value Added Tax according to the evolution of French and European regulations, in particular with regard to the rights of Freelancers.
Absence of an employment contract and party autonomy
LACK OF AN EMPLOYMENT CONTRACT
The use of Pop Translation does not in any way constitute 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 in accordance with the laws and regulations in force in their own country.
AUTONOMY OF THE PARTIES
1. Lack of affectio societatis
The Parties acknowledge and expressly agree that there is no affectio societatis between them. 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 Party 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.
The parties are completely autonomous and independent of each other and have sole control over their management. In particular, the Freelancer undertakes, throughout the duration of the contractual relationship with Pop Translation, to ensure sufficient diversification of its clients.
In order to prevent a possible situation of economic dependence of the Freelancer, the latter undertakes, throughout the duration of the commercial relationship with Pop translation, to diversify his clients and to inform officially by registered letter with acknowledgement of receipt in case Pop translation would represent more than 20% of his turnover.
If requested by Pop translation, 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 claim against Pop Translation, if any, for allowing any situation of economic dependence to arise as a result of the performance of these Terms.
COPYRIGHT AND EXPLOITATION RIGHTS
The Freelancer assigns exclusively, irrevocably, without time limit and for the whole world to Pop translation the following rights on the Content produced for 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: Use, disseminate, modify, translate, adapt, monetise, record, deposit and exploit the Content on all existing and future media (website, DVD, advertising brochure, press release, etc.);
Rights of communication to the public: To represent and exploit the text on a medium of any type and any form (physical, digital, etc.) visible to all and anywhere, without limit, including on an Internet site;
Exclusive distribution rights: To authorize or prohibit the distribution to the public, by sale or otherwise, of the original work or copies thereof;
Transfer and sale rights: Accept or refuse to sell on the terms of its choice all or part of the rights related to the Content;
Temporary technical reproduction rights: Authorize the temporary and transient distribution and reproduction of the Content;
Waiver of the right to quote: Mention the first name, surname, initial or any other form of element allowing the identification of the Freelancer.
All assignments shall be deemed valid and irrevocable upon payment by Pop Translation of the remuneration agreed with the Freelancer, such payment being deemed valid upon validation of the Content by the Client.
It is understood that the rights and source files of translation memories and glossaries are also exclusively and irrevocably transferred, and that the Freelancer shall refrain from using them subsequently for his own use or that of one of his clients, other than on behalf of the Client of the Initial Application, on pain of damages.
Pop translation responsibilities
Pop translation accepts no responsibility for Content produced, edited or translated via its Services. If necessary, Pop translation will transmit to the competent authorities the 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 the support system.
Suspension or closure of account at the initiative of Pop translation
In the event of a breach of the Terms, failure to meet deadlines or quality expectations, inappropriate behaviour, or general abuse of the Services, Pop Translation reserves the right to suspend or even close the account of the Freelancer concerned. The Freelancer is also exposed to legal proceedings and claims for damages depending on the nature of the fault.
RESPONSIBILITY OF THE FREELANCER
You agree to indemnify, defend and hold Pop Translation, its employees, officers, subsidiaries and affiliates harmless from any claim or dispute arising out of your improper performance of the Services, or your breach of these Terms.
The Freelancer shall be liable for all damages caused by him/her 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 damage they may suffer as a result of the Freelancer’s failure to comply with their obligations.
The Freelancer shall indemnify Pop Translation, its employees, directors, subsidiaries and partner companies against the consequences, direct and indirect, of all claims and actions, of whatever nature, civil or criminal, which may be brought or presented by a third party relating to the improper performance of the Services by the Freelancer or to the failure of the Freelancer to comply with these Conditions, without being able to avail itself of any limitation of liability or of any ceiling on compensation.
In accordance with European or national legislative or regulatory provisions, 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 on 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 data controller, in order to put in contact Clients and Freelancers. If you do not provide these mandatory details, you will not be able to register as a freelancer. The Freelancer’s personal data will only be kept for the duration of the contractual relationship, for promotional purposes for a maximum of 3 years following the end of the commercial relationship, excluding the legal obligation to archive, as well as 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 the right to access, rectify, limit, delete and, if necessary, port his or her personal data, as well as the right to object, subject to legitimate and compelling reasons, to the processing of such data. The Freelancer may also set out instructions on what to do with his/her personal data in the event of death. These rights can be exercised on his personal space on the website www.poptranslation.com by logging in using his email address and the password he gave when he registered. Finally, the Freelancer has the right to lodge a complaint with a supervisory authority.
As responsible for their own processing, Freelancers undertake to respect their obligations under the Personal Data Regulation.
Intellectual property (IP)
Pop translation holds all proprietary rights to the Services and the Pop translation website. Nothing in these Terms gives you the right to use Pop Translation’s trade names, trademarks, service marks, logos, domain names and any 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.
In accordance with Article 1367 of the French 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 the same value as a handwritten signature between the parties.
More generally, you acknowledge that any document which has been the subject of this procedure constitutes literal evidence as well as, including outside such procedure, any electronic mail exchanged between Pop Translation and you, so that any correspondence or agreement has the same legal effect on the transaction in question as those subject to a handwritten signature.
In the absence of proof to the contrary recognised as valid by a court, any electronic mail exchanged between Pop Translation and you is opposable not only respectively, but also with regard to any third party beneficiary with the same probative force as a written document on paper.