- “Plume Rouge” refers to the company operated as a sole proprietorship by Ms. Emeline Jamoul, established at Avenue Louise 54, 1050 Ixelles, Belgium, registered at the Banque-Carrefour des Entreprises [central business registry]under number 0537.481.552;
- “Client”: any natural person or legal entity, as well as the agents or representatives thereof, that has finalized or seeks to finalize an agreement with Plume Rouge;
- “Services”: goods and services provided by Plume Rouge to the Client, including but not limited to translation, writing, and project management services.
- Each offer and each contract between Plume Rouge and the Client shall be subject exclusively to these general terms and conditions (hereafter, the “General Terms and Conditions”).
- Any derogation from the General Terms and Conditions must be expressly accepted in writing by Plume Rouge and shall apply only to the exceptional written agreement in question.
- Neither the general terms and conditions of the Client, nor those of any third party, shall bind to apply to Plume Rouge and are expressly rejected. Any general terms and conditions that differ from these General Terms and Conditions shall apply only inasmuch as they have been expressly accepted in writing by Plume Rouge and shall apply only to the exceptional written agreement in question.
The content of catalogues, brochures, printed materials, price lists, and websites, though carefully compiled by Plume Rouge, consists only of general information that is not binding upon Plume Rouge. Such documents are binding upon Plume Rouge only insofar as confirmed expressly in writing by Plume Rouge.
- An agreement is finalized when the following conditions have been met: A signed estimate is sent back to Plume Rouge by the Client and, for projects totaling over EUR 1,000 EUR (exclusive of VAT), a deposit of 50% is paid by the Client and received by Plume Rouge.
- The parties are free to prove the existence of their agreement by other means.
- Any additional agreement or change to existing agreements, as well as any agreement or commitment made (orally or otherwise) by Plume Rouge staff or in the name of Plume Rouge by representatives or intermediaries shall be binding upon Plume Rouge only if confirmed in writing by Plume Rouge.
- All prices are given in Euros and are understood to exclude VAT and other taxes, levies, and fees. Each invoice shall always include a flat fee of EUR 50 (exclusive of VAT) in order to cover Plume Rouge’s administrative expenses.
- Plume Rouge reserves the right to unilaterally change its prices, even after order confirmation, particularly in the event of an increase, for any reason, of one or more determining factors in its pricing, including but not limited to salaries, materials, and exchange rate fluctuations. In that event, Plume Rouge shall notify the Client of the increase, after which the Client shall have the right to terminate the agreement within a period of two weeks from its receipt of that information.
- Plume Rouge reserves the right to charge a fee for travel expenses at a rate of EUR 0.35 (exclusive of VAT) per kilometer.
- For services provided on an urgent basis, Plume Rouge shall apply a rate equivalent to 150% of the standard rate applicable to the services provided. A service is defined as urgent when it requires the translation of more than 3,000 words in one working day, the revision of more than 8,000 words in one working day, or the writing of more than 2,000 words in one working day.
- Plume Rouge reserves the right to make reasonable adjustments to the agreed price if the provision of service turns out to be more or less time-consuming than estimated. In such a case, Plume Rouge shall immediately notify the Client thereof.
Any and all modifications and/or cancelations of an order, in whole or in part, by or at the initiative of the Client, may occur only with the prior written agreement of Plume Rouge, and provided that the Client has fully paid for the work that has already been carried out, including all materials used for that purpose. In the event of a change and/or partial cancelation at the request of the Client, Plume Rouge has the right to pass on the expenses, including additional expenses caused thereby, to the Client, and to adjust the delivery deadline.
7. Modalities of the Assignment
- The modalities and purpose of Plume Rouge’s assignments are described in the estimate and in written communication with the Client. Plume Rouge has the right to perform all activities that it deems necessary in order to carry out an assignment.
- Plume Rouge has the right to call upon third parties to assist it, without being required to notify the Client thereof in advance. In the context of translation and revision assignments, it is the Client’s responsibility to notify Plume Rouge, prior to finalizing the agreement, of any linguistic features or requirements that Plume Rouge must consider in the course of its work. If such requirements have not been communicated by the above mentioned time limit, Plume Rouge shall not be liable for the use of different terminology, and it reserves the right to bill for services related to any adaptations made based on requirements communicated late by the Client.
7. Payment Methods
- Unless otherwise provided, invoices are payable within a period of thirty (30) days following the date of invoice, unless otherwise agreed in writing. The date that appears on Plume Rouge’s bank statement is the determining factor and is considered to be the date of payment.
- For services totaling over EUR 1,000 (exclusive of VAT), Plume Rouge has the right to require an advance of 50% on fees due and to carry out its assignment only after the advance has been received.
- If payment is not made within the period mentioned in Article 9, the following amounts will automatically come due, without requiring any evidence of default: (a) late payment interest at a rate of 10% per month, and (b) out-of-court collection costs at a rate of 15% of the amount due, with a minimum of EUR 500.00, without prejudice to the right of Plume Rouge to demand full compensation for damages.
- If the Client wishes to contest an invoice it has received, this must be done via registered mail, sent within the 14 days following the invoice date. In the absence of an objection within this period, the invoice is presumed to have been accepted by the Client.
- Except and insofar as required by public policy, and except in the case of fraud on the part of Plume Rouge, Plume Rouge shall have no obligation to compensate any loss or damage of any kind whatsoever caused to persons or to property, including any loss of profits or unforeseeable harm, regarding a Contracting Party or a third party, that was directly or indirectly caused by or related to any Service provided by or on behalf of Plume Rouge or that is directly or indirectly caused by any use of the said Services.
- Without prejudice to Article 9.1 of the General Terms and Conditions, the contractual and non-contractual liability of Plume Rouge shall in all circumstances, including in the event of gross misconduct, be limited to the amount invoiced by Plume Rouge for the Services provided.
- In no case shall Plume Rouge be held liable for any loss or damage caused, directly or indirectly, by the inappropriate use of the Services provided or for the use thereof for any purpose other than their agreed or intended purpose, in accordance with the objective criteria agreed upon by the parties. Moreover, Plume Rouge shall not be held liable for any damage related to a flaw in the Services if:
- the loss or damage is due to negligence on the part of the Client, the Client’s staff, or other persons hired by or acting on behalf of the Client ;
- the loss or damage is due to a violation of intellectual property rights or any other exclusive right, or the violation or failure to comply with a license or other similar entitlement, which results directly or indirectly from the use, and especially the translation or publication, of content provided by or on behalf of the Client, and in particular the texts translated and the content written by Plume Rouge.
- The Client shall be required to compensate Plume Rouge for any third-party claim for damages caused by any wrongful or negligent use of the Services provided to the Client by Plume Rouge.
- The Client shall be held liable for any damage caused to Plume Rouge as a result of the Client’s failure to meet the obligations resulting from the agreement between the parties, including these General Terms and Conditions.
- This article shall remain in effect in the event of the termination or cancelation of any agreement made with Plume Rouge, regardless of the reason.
10. Force majeure
- In the event that Plume Rouge is unable to execute an agreement, either in whole or in part, as a result of a permanent or temporary force majeure event caused by external or internal circumstances over which it does not have control, it shall have the right to extend the delivery deadline as a result or, at its decision and without legal intervention or compensation, to terminate the agreement, in whole or in part, by sending written notice to that effect. In such a case, Plume Rouge shall always be entitled to payment from the Client for the services performed prior to the occurrence of the force majeure event.
- Force majeure includes any and all circumstances which make it impossible for Plume Rouge to fulfill its obligations, on either a temporary or permanent basis, including but not limited to measures taken by a government, strikes, and failure on the part of suppliers to supply items necessary for the provision of the Services, as well as any and all circumstances under which one cannot expect Plume Rouge to fulfill or continue fulfilling its obligations toward the Client. Plume Rouge may also invoke force majeure when the said event occurs after it ought to have fulfilled its obligations.
- Plume Rouge must be notified in writing of any claim regarding the Services within five (5) working days of the delivery date.
- Following expiration of the deadline referred to in Article 11.1, the Client shall be considered to have approved the Services and Plume Rouge shall no longer accept any claim.
- If the claim is founded, Plume Rouge shall be required to provide the faulty Services again.
- If the claim is not founded, Plume Rouge reserves the right to bill the Client for the costs incurred by the examination of the said claim.
- In no case shall any claim free the Client of its obligations (including payment obligations) toward Plume Rouge.
12. Intellectual Property
In exchange for payment of the total price referred to in Article 8, Plume Rouge transfers to the Client all intellectual property rights regarding the Services, and in particular the copyrights regarding translations carried out by Plume Rouge and copyrights for content edited by Plume Rouge.
- Plume Rouge shall treat all information about or provided by the Client, with a view to the preparation and execution of its agreement with Plume Rouge, as confidential. This includes information about the Client and his/her company as well as information appearing in the content sent by the Client to Plume Rouge for the purpose of providing services (in particular, the translation or writing of the said content).
- Plume Rouge undertakes to ensure that its employees, representatives, or any subcontractors are also bound by such an obligation.
- The obligations resulting from this article shall remain in effect notwithstanding the end or cancelation, regardless of the reason, of an agreement made with the Client.
14. Personal Data Protection
When the Client requests a quote or finalizes an agreement with Plume Rouge, Plume Rouge must process certain personal data regarding the Client or his/her associates in order to execute that contract. Data controller: Plume Rouge, see contact information under Article 1. Purpose of processing: submitting quotes and providing Services at the request of the Client, as well as sending information regarding our business. Legal basis for processing: the contract between the Client and Plume Rouge. Categories of data processed: Identifying information (company, address, telephone, email, name of contact person), financial details (bank, account number, debts and expenses, financial transactions) and any personal data appearing in the content provided by the Client to Plume Rouge for the purpose of providing the services (in particular, translation and writing). For further information, please consult our Personal Data Protection Policy, which is accessible here [link to site].
15. Duration and Termination
- Plume Rouge has the right to immediately terminate any agreement governed by the General Terms and Conditions, without legal intervention and/or compensation, in the event that the Client in any way violates a provision of the General Terms and Conditions and has not remedied that violation within a period of fifteen (15) days after notice of intent to terminate the agreement has been given to the Client.
- Plume Rouge has the right to immediately terminate any agreement made with the Client and to cancel any assignment without legal intervention and/or compensation due to the Client, and to demand full payment of any sum due from the Client to Plume Rouge, in the event that:
- the Client files for bankruptcy ;
- the Client becomes insolvent or is declared bankrupt ;
- the Client files a request for judicial reorganization ;
- the Client obtains a judicial reorganization procedure ;
- the Client (if a legal entity) is liquidated or expires
- The provisions of Article 15.1 and of Article 15.2 apply without prejudice to the right of Plume Rouge to demand damages and interest from the Client.
16. Conflict Resolution and Applicable Law
- Each offer and each agreement, as well as the execution thereof, is governed by Belgian law, to the exclusion of conflict-of-law rules.
In the event that a court deems one or more provisions of these General Terms and Conditions illegal, the other provisions shall remain applicable in their entirety. In such a case, Plume Rouge and the Client undertake to negotiate new provisions that reflect as well as possible the purpose and the scope of that provision in order to replace the nullified provision.
- In the event that a conflict should arise regarding the validity, interpretation, or execution of the General Terms and Conditions, and that the said conflict should prove impossible to resolve amicably, the French-speaking courts of Brussels shall have exclusive jurisdiction.