Terms & Conditions

1 Acceptance of assignment

An assignment agreement is entered into when the Customer accepts the price estimate proposed by Office Magenta in respect of an assignment or the parties come to a specific agreement. To the extent that an assignment is initiated or implemented without a written contract or acknowledgement of order, the relevant parts of these General Terms and Conditions shall apply.

2 Implementation and basis of assignment

The work is carried out with accuracy and care and in accordance with the assignment agreement entered into by both parties.

The Customer shall provide Office Magenta with the material required in order for Office Magenta to carry out the assignment in accordance with the assignment agreement whereupon Office Magenta 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 in a timely manner, Office Magenta is entitled to an extension of delivery in addition to compensation for any expenditure incurred. If the absence or delay of the material required renders it significantly more difficult for Office Magenta to carry out the assignment, Office Magenta has the right to terminate the assignment with immediate effect whereupon Office Magenta shall be entitled to compensation from the Customer for work carried out until the date of termination in addition to the cost of terminating the assignment and loss of revenue.

3 Terms of delivery

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

4 Liability for fault or defect

If making a complaint about a delivery of material, the Customer shall file its complaint within fourteen (14) days from the date of delivery. Office Magenta reserves the right to request payment as per applicable pricelist for any amendment made as a result of a complaint filed subsequent to this period. An amendment made as a result of a complaint filed over sixty (60) days after a delivery of material is always considered to be a new assignment and dealt with accordingly. The customer cannot withhold payment if Office Magenta hasn’t been offered the opportunity to amend the work. If after the amendments the customer still finds fault with the work an independent party will be asked to review the work.

5 Confidentiality

Confidential documents and files made available to Office Magenta 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.

Unless the Customer has requested in writing that Office Magenta use a specific alternative delivery mode, Office Magenta 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 Office Magenta.

6 Ownership and right of use of end product

The end product of the assignment submitted to the Customer is the property of the Customer for unconditional use subject to Office Magenta having received full payment. Office Magenta retains copyright of creative work but grants the Customer an unlimited license to use the translation without additional compensation. Office Magenta is entitled to royalties of such creative work that will be collected by SACEM, S.C.A.M. and similar entities. Furthermore, Office Magenta is entitled to have free disposal and use of glossaries and translation memories created in conjunction with the assignment.

C Price etc.

1 Price of assignment

The price is agreed on an individual assignment basis.

2 Amendments and supplements

a) If the Customer asks for an amendment to be made to the agreed schedule, Office Magenta is entitled to charge the Customer for the extra work involved with such amendment.

b) If the Customer wishes to make any other amendment to the assignment, Office Magenta is entitled to deduct a surcharge in addition to the agreed price. Such amendment includes the addition of supplementary conditions.

3 Termination

The Customer is entitled to terminate an assignment prior to delivery conditional on the Customer compensating Office Magenta for the work carried out prior to notice of termination in addition to the cost of terminating the assignment and loss of revenue.

4 Terms of payment

All invoices are payable within ten 30 days from the date of invoice.

5 Overdue payments

Office Magenta is entitled to terminate the assignment in the event of the Customer being in arrears with payments of significance importance to Office Magenta. Office Magenta is also entitled to claim compensation from the Customer for work carried out until the date of termination in addition to the cost of terminating the assignment and loss of revenue.

D Other terms and conditions

1 Legal infringement

The Customer is liable to ensure that the material submitted to Office Magenta and subsequent handling of such material does not infringe on the intellectual property rights of another entity. The Customer shall indemnify Office Magenta for any claims made by a third party in connection with an assignment carried out by Office Magenta on behalf of the Customer.

2 Limited liability

Aside from these General Terms and Conditions, the Customer cannot make a claim against Office Magenta 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 Office Magenta 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), Office Magenta shall not be held liable for any damage caused by a so-called computer virus or any other problem beyond the control of Office Magenta. Moreover, Office Magenta 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.

3 Force majeure

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

4 Governing law and court

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