Terms and Conditions - Clients

TERMS AND CONDITIONS OF USE AND SERVICES

Applicable from 16/04/2018)

Preamble – Enforceability

NEW PARADIGM (hereinafter “New Paradigm”), a simplified joint-stock company registered in the Lyon Trade and Companies Register under number 804 777 308, RCS Lyon, whose registered office is located at 10-12 Boulevard Vivier Merle, World Trade Center, Tour Oxygène – 69003 LYON, offers a solution for bringing together clients (professionals or consumers) and translation service providers.

IMPORTANT: THE USE OF THE SITE OR ANY OF ITS FUNCTIONALITIES IMPLIES THE EXPRESS, PRIOR, FULL AND ENTIRE ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE AND PROVISION OF SERVICES BY THE CLIENT.

BY TICKING THE BOX: “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS”, THE CLIENT ACKNOWLEDGES HAVING READ AND ACCEPTS ALL THE CURRENT TERMS AND CONDITIONS.

The current terms and conditions of use and services (hereinafter “the Terms and Conditions”) may be modified at any time; the modified version will be applicable to Clients for all requests for Quotations or the placing of orders after this version.

Article 1: Definitions

In the Terms and Conditions, words or expressions beginning with a capital letter shall have the following meaning:

“Client” means any natural or legal person who uses the Service to obtain translation services from the Service Providers. 

“Consumer Client”: means any individual Client acting for purposes that are not part of a business, industrial, small-scale business, private or agricultural or legal entity or who is not acting in a professional capacity.

 “User Account” means the account created by the Client on the first login.

 “Quote” means the quotation given by the Service Provider on the basis of the Project supplied by the Client.  The rate and the completion time of the Service are freely determined by the Service Provider in this respect. 

“Translation Memories” means a database that records pairs of text segments in source and target languages; Translation Memories are used by the Service Provider for each Project and are reusable for present or future texts of the Client or Service Provider. The terms and conditions of use of the Translation Memories are specified on the Site from the following link: https://www.eazylang.com/memoires-traduction.

“Layout” means delivery in the original format of the translated document, regardless of what this format may be.

“Service Provider” means any individual or legal person specialised in translation and acting as a translator for professional purposes, listed on the Site and having subscribed to the Service in order to offer Services to Clients.

“Project” means any content entered or downloaded by the Client to be translated by a Service Provider.

“Service(s)” means the services, in particular translation services, offered by the Service Provider to the Client via the Site.

“Translation” means the translation(s) performed by the Service Provider at the Client’s request via the Site.

 “Revision” means the additional and optional service of proofreading the Translation by another referenced translator chosen by the Service Provider and proposed to the Client in order to check whether the meaning of the original text is indeed respected and to correct any possible error by proposing an alternative translation.

 “Translation segment” means the translation unit kept in the form of a source language/target language pair, reused for each similar translation for the Client or by the Translation Service Provider. The terms and conditions of use of the Translation Segments are specified on the Site from the following link: https://www.eazylang.com/memoires-traduction..

“Service” means all the functionalities of the Site offered by New Paradigm enabling Clients and Service Providers to contact each other with a view to drawing up one or more Quotations and, where applicable, ordering Services by the Client.

“Site” means the infrastructure designed, developed and operated by New Paradigm whose URL address is www.eazylang.com

Article 2: Purpose

The purpose of the Contract is to define:

–             the terms and conditions under which Clients access, browse and use the Site;

–             the terms and conditions under which Clients may order Services via the Site. 

Article 3: Description of the Service

3.1 The Site particularly allows the Client to request a quote and/or order Services, in particular Translations from the Service Providers, and to access services (messaging, Memories/Translation Segments) as well as means of payment.

The Service constitutes an intangible service performed exclusively by digital means.

3.2 New Paradigm does not provide any translation services.

Translation transactions carried out via the Service are concluded directly between the Service Provider and the Client. The Service Provider freely sets their rates. The Translation is invoiced via the Site by New Paradigm acting in its name and on behalf of the Service Provider, as agent.  New Paradigm collects the corresponding amounts on behalf of the Service Provider.

Article 4: Conditions of access to the Service

4.1 Any Client may request a translation online on the Site without first having created a User Account.  They will be able to obtain an estimate of the cost and the deadlines corresponding to their requirements.

However, it is only after validation of their registration that the Client will be able to benefit from the Services.

4.2 To register and benefit from the services offered via the Site, the Client must have the capacity to conclude the Contract, i.e. be of legal age or if they are the subject of a protective measure or legal incapacity, be assisted or represented by the person authorised for this purpose (a tutor for example).

4.3 Registration on the Site is free, only the order of a Service via the Site is payable.

The Client is responsible for the computer and telecommunications resources allowing access to the Site. Telecommunication costs when accessing the Internet and using the Site are borne by the Clients.

4.4 To access the Service, the Client must therefore:

–             create a User Account ;

–             accept the Terms and Conditions ;

To create a User Account, the Client must:

–             first go to the Site and click on the tab ” Client I request a quote ” ;

–             then proceed to register by creating a User Account on the Site. To do this, they must click on the “Register” section and complete the mandatory fields in their profile, including the following information:

o            information required (in particular name, first name, address, telephone, email address, time zone) ;

o            Read the conditions of use by clicking on the link “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS”;

o            accept the Terms and Conditions by ticking the corresponding box.

The Client guarantees that the data they communicate are accurate and true. New Paradigm has the right to suspend or close the Client’s Account in the event that the data provided is obviously incorrect.

4.5 In addition, upon registration, the Client chooses a unique and personal email and password to access the Site.

The email and password are personal and confidential. They can only be used by the Client. The use of the email and password is their full responsibility and they undertakes not to give them or communicate them to any third party.

The password can be changed via the Site. If the Service Provider forgets their password, they can click the link “lost password” then “reset password” by indicating the email address to which they wish to receive a new temporary password. The Client undertakes to use exclusively their active email address and password. Any attempt to access using passwords different from those which are active is considered a cyber-attack under the laws in force.

4.6 Once the registration form has been duly completed, an email requesting confirmation will automatically be sent to the Client in order to validate their registration. After confirmation by the Client, the registration is validated, and the Client is informed by an email of confirmation, specifying the continuation of the procedure to complete their profile.

4.7 Registration is for an indefinite period and may be terminated by either party in accordance with the conditions set out in Article 11 below.

4.8 Any order linked to an incomplete form or containing erroneous and/or whimsical information may be refused or suspended without compensation or notice by New Paradigm.

 

Article 5: Use of the Service

5.1. Request for a Quotation by the Client

To obtain a Quotation, the Client must proceed with the following steps:

(i)           with prior registration:

–             create a User Account ;

–             log in to their  User Account;

–             on the ” projects ” tab, enter or download the Project ;

 

(ii)          Or, without prior registration:

–             either directly download the Project in one of the formats accepted and listed on the Site ;

–             either manually enter the text in the dedicated space;

 

(iii)         then, complete the form on the nature of the Project and the desired Service using the obligatory fields which are identified as such.

The Client undertakes not to submit a Project for which it does not hold the relevant rights to use or develop.

The Site automatically generates a selection of Service Provider(s): these suggestions are formulated on the basis of an algorithmic calculation that favours the best match between the Service Provider’s profile and the Client’s request according to the characteristics given (in particular language pair, field of activity) by the latter.

This list is only a suggestion. The Client independently chooses the Service Provider(s) from whom they wish to request a Quotation and remains free to request one or more Quotations.

The Client is solely responsible for the final choice of the Service Provider.

5.2 Preparation of the Quotation

New Paradigm communicates the request for a Quotation to the Service Provider(s) chosen by the Client.

The Service Provider may reserve the right to decline a request for a Quotation sent to them by a Client if they believe that they cannot satisfy it. The Service Provider is not obliged to specify the reasons for their refusal.

If the request can be satisfied, the Service Provider creates a detailed Quotation which is then transmitted to the Client via their User Account. The Client will then receive a notification in their email accessible via the Site as well as an email to the address stated on the creation of the Account.

The Service Provider is the sole judge of the number of words in their Quotation and applies the tariff of their choice.

 The period of validity of the Quotation is indicated on the latter by the Service Provider.

5.3 Placing the order

If they wish, the Client may place an order by validating the Service Provider’s Quotation via the Site and by paying the amount of the Translation Service and Services, including New Paradigm’s commission via the MangoPay platform. This sum shall be sequestered during the term of the Translation and shall only be released upon acceptance of the Service in accordance with the terms and conditions set forth herein.

The Quotation is mentioned as”_________” in the “my active projects” section of the Site. The content of the Client’s order (notably the Translation ordered, the description, the options chosen, as well as the price including VAT) is summarised in this section.

5.4 Performance of the Service

After payment by the Client, the Service Provider receives a notification in their email via their User Account and by email confirming that their Quotation has been accepted.

The Service Provider can then access the documents to be translated by downloading and starting the translation.

In the “my projects” section, the Client may consult the progress of the Service to check at any time whether the Service Provider has made the translated file available, even in a partial version. The Client may ask the Service Providers questions at any time, using the e-mail service offered by the Site.

Once the Quotation has been validated and the payment has been made, the Client may not modify the content of the Project. Any modification will give rise to the validation of a new Quotation with the Service Provider.

5.5 Delivery of the Service

5.5.1 The Translation may be delivered in a partially completed state on the initiative of the Service Provider or at the request of the Client.

5.5.2 Unless otherwise instructed by the Client, the Translation shall be delivered to the Client after it has been Reviewed and will be Laid Out in the original format of the source language document.

Editing and Layout are services linked to the order of a Translation.

Unless specifically instructed by the Client, the Service Provider selected to carry out a Translation via the Site shall be responsible for choosing the reviser in order to ensure maximum quality of the work delivered to the Client.

5.5.3 Once the service has been completed, the Service Provider shall put the Translation and the translation memory (file in TMX format) on the Site in the dedicated area.

The Service Provider may update the documents (translation, translation memory) until they are validated by the Client.

5.5.4 The Client can then download the translated file to check the quality of the content and the Layout.

5.5.5 Upon delivery of the Translation by the Service Provider in the Project area, the Client’s MangoPay account is ??????

5.5.5 The Client shall have a period of eight (8) days+++ or 10 calendar days++++ from the date of delivery to make a complaint concerning the Translation performed by the Service Provider.

If the Client refuses the Service, it is up to the Client to specify the reasons for their refusal on a completed, dedicated form. The Service Provider shall be informed of the reason for the refusal. They will then work on a new version to be delivered as soon as possible. A new claim period of 10 calendar days will start from this delivery. This process cannot be repeated more than twice.

Beyond that, the Client and Service Provider must do everything possible to find a solution by communicating via the messaging system made available by the Site. If no complaint is received within eight (8) days+++ or 10 calendar days+++, the Translation shall be deemed definitively accepted by the Client.

In any event, the commission relating to the Services and paid to New Paradigm remains due.

Article 6: Prices and Payment  

6.1 Price

The total amount payable is specified in the Quotation. This amount includes the price of the Translation as well as the commission paid to New Paradigm for the use of the Site (see www.eazylang.com/pricing). This amount is stated in euros, all taxes included.

 6.2 Terms and conditions of payment

The Translation is invoiced via the Site by New Paradigm acting in its name and on behalf of the Service Provider, as agent.  New Paradigm collects the corresponding amounts on behalf of the Service Provider.

In order to facilitate the payment of translation services, New Paradigm has subscribed to the services of MANGOPAY with regard to the provided payment system.

During the validation of the order, the Client declares to accept the general conditions of MANGOPAY[General conditions of MANGOPAY] available on the following link: _____________+++ to complete+++.

The price of the Translation Service and Services are sequestered by MANGOPAY during the performance of the Service and will only be released at the end of the Service concerned.

The Client’s MangoPay account is debited with the amount of the Translation Service and the Services on the completion of the Service concerned.

Article 7: User License

7.1 The Client grants the Service Provider a non-exclusive license to use only the adaptation and translation rights relating to the Project.

The Client also grants the Service Provider the right to reuse and reproduce one or more Translation Segments exclusively for the processing of new Projects available on their Account, unless otherwise agreed by the parties.

These licenses are granted by the Client for an indefinite period ++ or for the entire duration of the legal protection? +++ and worldwide.

7.2 In the event that the translation work of the Service Provider assumes the quality of “intellectual work” as described in Article L. 111-1 of the Intellectual Property Code (hereinafter referred to as “the work”). “) and the Service Provider qualifies as author-translator in return for the payment of the Service the latter undertakes to assign to the Client the right to reuse, reproduce, adapt, translate, utilise, make or have made copies of the Translation work worldwide, and for the duration of the legal protection, namely the duration envisaged by the Code of the intellectual property and the foreign laws and all the prolongations or extensions of this duration by international convention, European directive, French or foreign law worldwide. The sending of the Translation is confirmation of the completion of the assignment. Sending the Translation shall constitute confirmation of the assignment.

7.3 The author-translator Service Provider undertakes to assign for the same duration and areas as those mentioned above to the Client the second and derivative rights attached to the Translation work, worldwide:

(a)          Reproduction rights and graphic adaptation 

The right to reproduce the work on any current physical graphic medium, particularly by the press (including pre- and post-publication) or reprography for sale.(b) Representation and communication rights

(b) Representation and communication rights

The right to represent all or part of the work and its adaptations by any means of communication to the public.

Article 8: Translation Memories

8.1 Translation Memories are used to determine the competence and qualification level of the Service Providers and thus to determine their ability to perform a given Service. These Memories are used by the Site’s algorithms for the sole purpose of qualifying Service Providers with regard to the characteristics of the Project to be translated. New Paradigm undertakes not to use them for any other purpose.

8.2 The Client may import translation Memories, terminology databases, lexicons, or any elements likely to assist the translator in the production of a Translation and may then reuse the existing content.

Upon acceptance of the Translation by the Client, the Translation Memories are automatically added to the Service Provider’s and Client’s profiles, unless otherwise agreed by the parties.

8.3 The Site offers a fully secure storage space for Translation Memories which are reused for the benefit of the Client according to the context and in particular according to the following terms and conditions.

 

 ;

A Client’s Translation Memories are reused for their benefit depending on the context under the following conditions:

–             they are accessible only by the Client and the Service Provider(s) who have worked on the Project;

–             they are saved segment by segment with an indexing of their context elements;

–             they are used to perform automatic pre-translations;

–             they are reused to establish subsequent Quotations.

Only the Translation Memories useful to the Project are accessible to the Service Provider.

Article 9: Confidentiality

It is the Client’s responsibility to ensure the level of confidentiality of the data recorded on the Site and to take all necessary anonymisation measures in this context. The Client is solely responsible for their confidentiality commitments in terms of sharing their Translation Memories in accordance with Article 8 above.

The Client may impose a level of confidentiality on the Service Provider due to the content of the Project, in particular by sending the Service Provider a confidentiality agreement to be signed prior to the execution of the Service. 

The Service Provider undertakes to respect the confidentiality of the translations done on the Site and not to disclose their content.

In any event, New Paradigm cannot be held responsible in the case of disclosure of the content of the Project by the Service Provider/Client or by any third party.

Article 10: Rating, Recommendations and Evaluation

10.1 Site Rating

Each Service Provider will be assigned scores by the Site, determined according to several objective criteria including the quality and quantity of the Translation Memories, the scores assigned by the Clients (other factors are taken into account) allowing a better match between the Client’s request and the Service Provider’s skills.10.2 Recommendations by the Site

The Site selects the Service Provider(s) on the basis of an algorithmic calculation that favours the best match between the Service Provider’s profile and the Client’s request.

The multitude of parameters taken into account in the algorithmic calculation leads to a variation of the score granted to the same Service Provider from one request to another.

This mechanism therefore provides an opportunity for any Registered Service Provider to be identified on the basis of applications.

The list of the Service Provider(s) selected by the Site is only a suggestion and New Paradigm remains independent of the choice of Service Provider by the Client.

10.3 Evaluation of the Service Provider by the Client

Once the Translation has been delivered and accepted by the Client, the Site requests the Client to evaluate the Translation performed by the Service Provider. This evaluation is accompanied by a comment which appears on the Service Provider’s page and remains visible on his page for an indefinite period.

Evaluations are used to give indications of the quality of the translation and the final satisfaction of the Client.

Evaluations contribute to the qualifying of the Service Provider’s and their rating.

New Paradigm does not control evaluations left by Clients which can only be modified or deleted from the Service Provider’s profile in the event of a request by a Service Provider or a Client at the following address: contact@eazylang.com

Article 11. Duration – Termination of access to the Service

11.1 Registration is for an indefinite period.

11.2 The Client  has the opportunity to terminate their registration at any time without reason. To cancel their account, the Client must send an e-mail to the address: contact@eazylang.com

11.3 New Paradigm reserves the right to terminate and/or suspend the Client’s Account by law and without prior notice, by any means, without compensation or notice, and without prejudice by New Paradigm of all remedies or rights it deems appropriate against the Client:

–             if they are bound to do so by a law or regulation;

 

–             if there is any doubt as to the good faith of the Client, the authenticity of the information provided or, more generally, in the event of non-compliance with any of the terms of the General Terms and Conditions or use of the Site that does not comply with a legal or regulatory provision.

 

 

11.4 In the event that the service is cancelled by mutual agreement, its cost will be reimbursed to the Client within a period of fifteen (15) days, with the exception of the commission due definitively when a Client and a Service Provider are put in contact.

Article 12: Liability

12.1 Liability in connection with the use of the Site

12.1.1 The use of the Site and subscription to the Services is at the Client’s risk and responsibility.

In the context of the use of the Site and the Service, the Client is solely responsible for the data and content that they publish and post on the Site and undertakes not to write, disseminate message(s) or information(s) whatever their form or nature which are:

o            contrary to public order and morality;

o            contrary to privacy;

o            offensive, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others, inciting discrimination, hatred..;

o            constituting false news;

o            threatening a person or a group of persons;

o            of pornographic or paedophile nature;

o            inciting to commit a crime, an offence or an act of terrorism or advocating war crimes or crimes against humanity ;

o            inciting discrimination or hatred against a person or a group of persons on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion ;

o            inciting suicide;

o            violating the legislation on the secrecy of correspondence, or, in general, contrary to a regulation in force or a law in force;

o            allowing third parties to obtain pirated software, software serial numbers allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and in a general way any software or other tool allowing to infringe the rights of others and the security of persons and property.

12.1.2 New Paradigm acts solely as a content host and technical provider and is therefore under no general obligation to monitor content transmitted or stored via the Site by Clients and Service Providers. New Paradigm therefore does not monitor and censor the content a priori.

New Paradigm shall not be held responsible for the content transmitted, stored and published via the Site, nor be held liable for any damages whatsoever, due to the consequences related to such content.

12.1.3 New Paradigm cannot be held liable in the event of inability to access to the Site and/or use of the Services, in the event of internal malfunctions of the Client’s Internet access provider, Internet network congestion and for any other reason whatsoever.

The Client acknowledges and agrees that New Paradigm is not responsible for interruptions in access to the Site and the Service, and the consequences that may result for the Client or any third party.

New Paradigm may temporarily suspend access to the Site or part of the Services for reasons of computer maintenance. In this case, New Paradigm undertakes, as far as possible, to inform Clients of maintenance operations. New Paradigm will send an email to the Clients’ mailbox.

The interruption of the Service will not give rise to any compensation from New Paradigm.

12.2 Liability for Use of the Service

12.2.1 The Site offers users project management tools (Content Analysis and Messaging) as part of the Service. The use of these tools is not the responsibility of New Paradigm, to which it remains independent.

12.2.2 New Paradigm provides Users with a contact service. As such, New Paradigm does not intervene in any way in the conditions of subscription of the service contract between the Client and the Service Provider. Translations are carried out by the Service Providers under their sole responsibility.

Consequently, New Paradigm shall not be held liable for any direct or indirect damage caused to Clients, third parties or property arising during a Translation.

Any claim relating to the final result of the Translation that is brought to New Paradigm’s attention will be transmitted to the Service Provider concerned, who will assume full and sole responsibility.

12.2.3 NEW PARADIGM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER FOR ANY DIRECT OR INDIRECT PREJUDICE OR DAMAGE SUFFERED OR INCURRED BY CLIENTS AS A RESULT OF THE USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES, SUCH AS, BUT NOT LIMITED TO, LOSS OF INFORMATION, LOSS OF DATA (SUCH AS TRANSLATION MEMORIES, TRANSLATIONS, EMAILS), ABSENCE OF QUOTATION PROPOSAL ETC.

It is the Client’s responsibility to safeguard all such content on a durable medium.

Article 13: Intellectual Property

New Paradigm is the owner of all intellectual property rights relating to the Service, in particular the trademark “Eazylang”, as well as the domain names eazylang.com, eazylang.fr, eazylang.eu, and/or any other element of intellectual property used by the Service.

“Eazylang” is a protected trademark registered with the INPI.

More generally, any reproduction, distribution, representation or total or partial adaptation, modification or use of the trademark, the Site and other intellectual property rights attached to the Service, for any reason and on any medium whatsoever, without the express prior consent of New Paradigm, is strictly prohibited, as is their alteration.

The Site is the exclusive property of the Company, which holds all the related rights.

These terms and conditions shall not entail an assignment of intellectual property rights to the Clients.

Article 14: Protection of personal data

New Paradigm may collect personal information (such as first name, last name, address, date of birth, etc.) of Clients using the Site and the Service.

This information is necessary to access the Service and certain functionalities of the Site as well as to process and manage the Quotation and the subsequent order. If the Client fails to provide this information, they will not be able to benefit from the Service.

New Paradigm is responsible for the data.

The personal data collected during the Client’s registration are exclusively intended for the Site to ensure the quality of the Service and/or to send promotional information and newsletters to the Client electronically as well as to the Service Providers to assist them with the execution of their Services.

These data may only be communicated to third parties to meet legal and regulatory obligations. This information is confidential; it will be kept for a period of three (3) years from the collection of said information (subject to the data necessary to meet a legal or regulatory obligation that could be kept for the time necessary to fulfill the obligation in question).

The data collected may be transferred by New Paradigm outside the European Union for the sole purpose of carrying out the Translation.

The following safeguards have been taken to ensure an adequate level of protection of personal data[_______________].

In accordance with Articles 38 and following of the Data Protection Act of 6 January 1978, amended by European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, the Client has the right to access, rectify, delete and limit the processing of his data free of charge and the right to object to the processing of his personal data.

The Client also has :

–             the right to the portability of their data, i.e. to receive the personal data concerning them that they have provided to New Paradigm, in a commonly used structured and machine-readable format. The Client shall therefore be able to easily store or transmit them from one information system to another, with a view to their reuse for personal purposes;

–             the right to withdraw consent at any time (in this case, the lawfulness of the processing carried out prior to withdrawal will not be called into question);

–             the right to lodge a complaint with the competent supervisory authority (in France, the CNIL) if they consider that the processing of their personal data does not comply with European rules ;the right to define directives concerning the fate of his personal data after their death.

 

If the Client wishes to exercise any of these rights and/or obtain information concerning him/her, they must contact New Paradigm, at the following address: NEW PARADIGM SAS, 10-12 Boulevard Vivier Merle, World Trade Center Tour Oxygène – 69003 LYON, or send an e-mail indicating their name(s), first name(s), contact details to the following address: contact@eazylang.com.

Article 15: Customer Service – Complaints

15.1 For any question or information concerning the Site, the Client may contact New Paradigm via the “contact” section on the Site or by sending an e-mail to the following address: contact@eazylang.com.

15.2 For any complaint related to the strict use of the Site and Services, the Client may make a written request to the Complaints Department, by mail to the following address New Paradigm SAS – 10-12 Bd Vivier Merle – WTC Tour Oxygène – 69003 Lyon or by email to the following address Contact@eazylang.com.

New Paradigm undertakes to process and respond to this complaint as soon as possible.

Article 16: Applicable law and competent courts

ANY DISPUTE RELATING TO THE CONTRACT IS SUBJECT TO FRENCH LAW, SUBJECT TO IMPERATIVE PROVISION TO THE CONTRARY.

ANY DISPUTE ARISING FROM THE USE OF THE SITE AND/OR RELATING TO THE CONTRACT BY A PROFESSIONAL CLIENT WILL BE SUBMITTED TO THE COURTS IN THE LOCATION OF THE REGISTERED OFFICE OF NEW PARADIGM.

Article 17: Provisions applicable only to Consumer Clients

17.1 Withdrawal

 

In accordance with Article L.221-18 of the Consumer Code, the Consumer Client has a period of fourteen days from the conclusion of the distance contract to exercise their right of withdrawal without having to justify their  decision.

However, if the Consumer Client wishes the execution of the Service to begin before the end of the withdrawal period mentioned above, the Client expressly waives this by checking the box provided for this purpose on the Site when placing the order. Failing this, the Service shall only commence at the end of the aforementioned withdrawal period.

17.2 Complaints – Mediation

If the Consumer Client is not satisfied following their exchanges with New Paradigm’s complaints service for the sole use of the Site, the Consumer Client has the right to request, without prejudice to other legal avenues of action, the opinion of the Consumer Ombudsman who will attempt, independently and impartially, to bring New Paradigm and the Consumer Client closer together with a view to reaching an amicable solution.

17.3 Opposition List to Telephone Canvassing

The Consumer Client’s telephone number is collected on the Site when (1) creating their User Account and (2) placing their order. New Paradigm specifies that their telephone details will only be used for the correct execution of the service or to contact them in order to offer them new services.

Without prejudice to the foregoing, in accordance with the legal provisions, if the Consumer Client so wishes, they may register free of charge on the  list opposing canvassing (BLOCTEL).

It is then prohibited for any professional such as New Paradigm, directly or through a third party acting on their behalf, to telephone the Consumer Client registered on this list. This prohibition shall not apply in the case of contractual relations prior to the date of entry on the objection list.

Terms and Conditions - Translators

TERMS AND CONDITIONS OF USE OF THE SITE AND LISTING OF TRANSLATORS

(Applicable from 16/04/2018)

Introduction – Enforceability

NEW PARADIGM (hereinafter “New Paradigm”), a simplified joint-stock company registered with the Lyon trade and companies register under No. 804 777 308, RCS Lyon, whose head office is located at 10-12 boulevard Vivier Merle, World Trade Center, Oxygen Tower – 69003 LYON, offers a solution for connecting potential clients (professionals or consumers) and listed translators accessible from the website www.eazylang.com for the translation of documents.

IMPORTANT: THE USE OF THE SITE OR ANY FUNCTIONALITY OF THE SITE IMPLIES THE EXPRESS, PRIOR, FULL AND ENTIRE ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE BY THE SERVICE PROVIDER.

BY TICKING THE BOX: “I HAVE READ, AND I AGREE TO THE GENERAL TERMS”, THE SERVICE PROVIDER ACKNOWLEDGES THEY ARE AWARE OF AND ACCEPT ALL OF THESE TERMS AND CONDITIONS.

These Terms and Conditions of Use of the Site and Listings (hereinafter “the General Terms and Conditions”) may be modified at any time; the modified version will be applicable to the Service Provider during requests for quotations or orders placed by Clients subsequent to this version.

Article 1: Definitions

In the Terms and Conditions, capitalised words or phrases will have the following meanings:

“Client” means any individual or legal person who uses the Service for translation services from the Service Providers.

“Consumer Client”: means any individual Client acting for purposes that are not part of a business, industrial, small-scale business, private or agricultural or legal entity or who is not acting in a professional capacity.

“User Account” means the account created by the Service Provider on the first login. This is essential to be able to activate the Service. Each Client also has a User Account.

“Quote” means the quotation given by the Service Provider based on the Project supplied by the Client. The rate and the completion time of the Service are freely determined by the Service Provider in this respect.

“Translation Memory” means a database that records pairs of text segments in source and target languages; the Translation Memories are used by the Service Provider for each Project and are reusable for present or future texts of the Client or the Service Provider. The terms and conditions of use of the Translation Memories are specified on the Site at the following link: https://www.eazylang.com/memoires-de-traduction-traducteurs

“Layout” means delivery in the original format of the document once translated, regardless of what this format may be.

“Service Provider” means any individual or legal person specialised in translation and acting as a translator for professional purposes, listed on the Site, and having subscribed to the Service in order to offer Services to Clients.

“Project” means any content entered or downloaded by the Client to be translated by a Service Provider.

“Benefit (s)” means (s) the services, including translation, offered by the Service Provider to the Client via the Site.

“Translation” means the translation (s) done by the Service Provider at the Client’s request via the Site.

 “Revision” means the additional and optional re-reading of the Translation performed by another referenced translator chosen by the Service Provider and proposed to the Client in order to check whether the meaning of the original text is respected, and to correct any errors by proposing a translation alternative.

“Translation Segment” means the translation unit stored as a source/target language binomial, reused for each similar translation for the Client or by the Translation Service Provider. The terms and conditions of use of Translation Segments are specified on the Website from the following link: https://www.eazylang.com/memoires-traduction.

“Service” means all the features of the Site offered by New Paradigm allowing the linking of Clients and Service Providers for the establishment of one or more Quotations and where applicable the order of Services by the Client.

“Site” means the platform designed, developed and operated by New Paradigm whose URL address is www.eazylang.com

Article 2: Purpose

The purpose of the Contract is to define:

– the terms and conditions under which the Service Providers access, browse and use the Site;

– the terms and conditions under which the Service Providers may offer Services via the Website.

Article 3: Description of the Service – Nature of relations between the parties

3.1: The Service is an immaterial service performed exclusively by digital means. The role of New Paradigm is strictly limited to the provision of the Site which allows the Service Providers and Clients to connect, and for the latter to subscribe to Services directly from the Service Providers.

For this purpose, the Service Provider has access to tools enabling them to present their professional profile, to receive requests for quotations and to issue quotes online through an e-mail system. The Site also allows the Service Provider to have access to features to optimise their translation services (storage and management of Translation Memories/Translation Segments, access to terminology databases and glossaries).

New Paradigm does not perform any translation services.

Transactions made via the Service are concluded directly between the Service Provider and the Client. The Service Provider freely sets their own rates.  Translations are billed via the Site by New Paradigm, acting in its name and on behalf of the Service Provider, as a commission agent.  New Paradigm charges the relevant amounts on behalf of the Service Provider.

3.2: The Service Provider acts independently. They are free to choose their methods, deadlines, the price quoted to the Clients and the schedules according to which they carry out the Translations. Neither party may act as an employee of the other, or under any other status, nor has the right, express or implied, to bind the other in any way whatsoever. Each party will bear the cost of any charges and expenses related to the tasks and responsibilities that may arise. Each of the parties will be personally responsible for any taxes, contributions, fees, or fees owed to them as an independent trader, so that the other party will never be asked for them in any capacity whatsoever.

The Service Provider accepts the requirements of the performance of services for the benefit of Client Consumers.

Article 4: Conditions of access to the Registration Service

4.1: Service Providers who wish to offer Translations via the Website must comply on an ongoing basis with the following conditions:

– to be legally registered in the commercial and company register of the place of their registered office or any equivalent register in the name of a translation activity;

– to expressly accept these Terms and Condition of use; 

– to expressly accept the terms and conditions provided for in the translator’s charter.

The Service Provider undertakes to respect and maintain all these terms and conditions during the entire period of use of the Site and its Services.

4.2: Service Providers meeting the conditions set out in article 4.1 above may register on the Site by creating a User Account (registration is required to use the Service).

4.3: Registration on the Site is free, except for connection fees that are the sole responsibility of the Service Provider. Registration implies the full, entire and unreserved acceptance of these Terms and Conditions.

The Service Provider is responsible for the IT and telecommunications resources that allow access to the Site.

4.4: To create a User Account:

– the Service Provider must first go to the Site and click on the “Registration” tab;

– the Service Provider must register, by creating a User Account on the Site. For this, they must complete the mandatory fields of their profile, identified as such.

The form may change over time to take into account any changes in the profile of the Service Provider.

The Service Provider guarantees that the data they provide is authentic, accurate, complete, up-to-date and truthful. New Paradigm reserves the right to suspend or close the Client’s Account in the event that they provide incorrect data.

4.5: Furthermore, when registering, the Service Provider chooses a unique and personal email and password allowing them to access the Site.

The email and password are private and confidential. They may only be used by the Service Provider. The use of the email and password is their full responsibility and they undertake not to assign or communicate it to any third party.

The password can be changed via the Site. If they forget the password, the Service Provider may click on the link “lost password” then “Reset password” by indicating the email address to which they wish to receive a new temporary password.

The Partner agrees to use exclusively their active email and password. Any attempt to access passwords that are different from the active ones is considered a computer attack under current laws.

4.6: Once the registration form is duly completed, the registration is validated by New Paradigm services and the Service Provider is informed of their registration by a confirmation email.

Service Providers are informed that the information relating to their professional profile (the Mini CV) will be accessible to all Clients and in this capacity may appear in the search engines.

4.7: Registration lasts for an indefinite period and can be terminated by each party in accordance with the conditions set out in article 11 below.

Article 5: Use of the Service

5.1: Listing – Request for a Quotation by a Client

Once the User Account has been created and validated, the Site registers the Provider on a list of translators.

As part of the Quotation request, the Site automatically analyses the words contained in the Project downloaded by the Client or entered manually to estimate the cost and time of completion of the Translation. This estimate has no contractual value.

The Site generates a list of Service Providers for the Client, selected based on an algorithmic calculation which favours the best match between the Service Provider’s profile and the Client’s request according to the requirements indicated by the latter. This list is only a suggestion. The Client chooses only the Service Provider(s) from whom he/she wishes to request a Quotation.

5.2: Quotation Setting

5.2.1: The Quotation request is sent to the Service Provider(s) chosen by the Client via their User account.

To enable the Service Provider to prepare a Quotation, the following features are accessible:

– the document in the source language (Project);

– Translation Memories useful to the Project, if applicable:

* those of the Service Provider,

* those of the Client,

* contextualised public translation memories, particularly those from the European Union;

* contextualised pre-translations from artificial intelligence, from referenced partners.

The Service Provider is solely responsible for the use and selection of the resources available for the services they provide. 

5.2.2: The Service Provider is free to decline a Request for a Quotation sent by a Client if they consider they cannot meet the requirement. The Service Provider is not required to specify the reasons for their refusal.

5.2.3: If they consider that the request can be met, the Service Provider draws up a Detailed Quotation which is then sent to the Client via their User Account.

The Service Provider is free to calculate according to their own criteria and conditions the number of words in the project, in order to determine their price and the date/time of delivery. 

The period of validity of the Quotation is indicated on it by the Service Provider.

5.3: Acceptance of the Quotation – Carrying Out of the Service – Obligations of the Service Provider

5.3.1: The Site allows the Client, if they wish, to validate the Quote and place an order with the Service Provider.

Once the Quote has been accepted by the Client and the payment is made on the MangoPay platform, the Service Provider receives a notification in their mail via their User Account confirming that their Quote has been accepted and then accesses the Project by downloading it.

5.3.2: The Service Provider is free to use all means and methods necessary to perform the translation service, including computer-assisted translation tools. The Service Provider may request clarification from the Client using the messaging service offered by the Site.

5.3.3: The Service Provider is responsible for the level of service and the quality of the Translation

5.3.4: In carrying out the Translation and use of the Service and the Site, the Service Provider undertakes to:

– accept and respect the obligations laid down in the Site’s Translator’s Charter;

– not to deliver Translations from automatic translation tools without having made any revisions or corrections;

– conform to the delivery period indicated to the Client in the Quotation;

– conform to the rates indicated in the Quotation;

– not contravene the provisions referred to in the “Liability” section below.

5.3.5: It is stipulated that the consumer Client has a period of fourteen days from the completion of the contract concluded at a distance to exercise their right of withdrawal without having to justify their decision, in accordance with Article L.221 -18 of the Consumer Code.

However, the Consumer Client may expressly waive this by ticking the box provided for this purpose on the Site when placing the order. In the event that the Consumer Client does not waive their right of withdrawal, the Service must begin at the end of the withdrawal period referred to above.

 

5.4: Service Delivery

5.4.1: The Translation may be delivered partially completed at the request of the Service Provider or at the Client’s request.

5.4.2: Revision and Layout are services related to ordering a Translation. Unless otherwise instructed by the Client, the Translation must be delivered to the Client after Revision and in the Layout of the original format of the source language document.

The Service Provider selected to perform a Translation via the Site will do their best to have the work reviewed and will ensure that the document is translated exactly as the source document to ensure maximum quality of work delivered to the Client.

Unless otherwise instructed by the Client, the Service Provider undertakes to deliver the Translation Memory (file in TMX format) at the same time as the Translation.

5.4.3: Once the service has been completed, the Service Provider imports the Translation, the Translation Memory (file in TMX format) and the corresponding invoice to the Site in the dedicated area.

The Service Provider can update the documents until final validation of the project:

* at the request of the Client for Translation and Translation Memories;

* at the request of New Paradigm for the invoice

5.4.5: The Client has a period of 10 calendar days from delivery to make a complaint concerning the Translation done by the Service Provider. In this case, it is up to the Client to specify the reasons for their refusal on a completed form. The Service Provider will be informed of the refusal and the reason. They will then work on a new version that will have to be delivered as soon as possible. A new complaint period of 10 calendar days will start from this delivery. This process cannot take place more than twice.

Beyond this, the Client and Service Provider must make every effort to find a solution by communicating via the messaging system provided by the Site.

 In the absence of a claim within the 10 calendar days deadline, the Translation will be deemed definitively accepted by the Client and the payment released to the Service Provider.

Article 6: Translation Prices and Payment

6.1: Price

The prices of the Translations are fixed individually by the Service Providers based on the requests of the Clients.

Prices for Translations set by Service Providers are automatically increased by the amount of New Paradigm commission applicable to each transaction made through the Site. 

Tax to be included in the price is indicated. The Service Provider is responsible for the applicable taxes under the regulations applicable to them.

6.2: Terms and conditions of payment

The Translation is billed via the Site by New Paradigm acting in their name and on behalf of the Service Provider as a commissioner based on the quote established by the Service Provider, plus the New Paradigm commission. New Paradigm charges the relevant amounts on behalf of the Service Provider. To facilitate the settlement of Translation Services, New Paradigm has subscribed to the services of MANGOPAY.

During the validation of the Quotation, the Client pays the amount of the Service via the MangoPay platform. This sum is sequestered during the translation period and is not released until the end of the service under the conditions set out in article 5.4 above.

The price of the Translation will be paid to the Provider:

* after acceptance of the Service by the Client or at the latest 10 calendar days from the delivery, if there is no complaint by the Client,

* and after validation by New Paradigm of the conformity of the invoice issued by the Service Provider

The transfer of the amounts to the Service Provider by New Paradigm cannot be construed as a salary and New Paradigm shall not be liable to the Service Provider for payment incidents.

In the event that the Translation is cancelled by mutual agreement between the Client and the Service Provider, its cost will be refunded to the Client within fifteen (15) days, minus the commission definitively due to New Paradigm during the connection between the Client and the Service Provider.

Article 7: Licence of use

7.1: The Service Provider has a non-exclusive licence to use only the adaptation and translation rights relating to the Project.

The Service Provider also has the right to reuse and reproduce one or more Translation Segments exclusively for processing new Projects available on their Account, unless otherwise agreed by the parties.

These licenses are granted by the Client for the entire period of the legal protection and worldwide.

7.2: In the event that the translation work of the Service Provider assumes the quality of “intellectual work” as described in Article L. 111-1 of the Intellectual Property Code (hereinafter referred to as “the work”) and the Service Provider qualifies as author-translator in return for the payment of the Service the Service Provider undertakes to assign to the Client the right to reuse, reproduce, adapt, translate, utilise, make or have made copies of the Translation work worldwide, and for the duration of the legal protection, namely the duration envisaged by the Code of the intellectual property and the foreign laws and all the prolongations or extensions of this duration by international convention, European directive, French or foreign law worldwide. The sending of the Translation is confirmation of the completion.

7.3: The author-translator Service Provider undertakes to assign for the same duration and areas as those mentioned above to the Client the second and derivative rights attached to the Translation work, worldwide:

(a) Reproduction rights and graphic adaptation

The right to reproduce the work on any current physical graphic medium, particularly by the press (including pre- and post-publication) or reprography for sale.

(b) Representation and communication rights

The right to represent all or part of the work and its adaptations by any means of communication to the public.

Article 8: Translation memories

8.1: The Service Provider’s Translation Memories

8.1.1: The Service Provider’s Translation Memories allow them to determine their skills and their level of skill and thus to determine their ability to perform a given Service. These Memories s are used by the Site’s algorithms for the sole purpose of qualifying the Service Providers regarding the characteristics of the Project to be translated. New Paradigm agrees not to use them for other purposes.

8.1.2: The Site offers a fully secure storage space for Translation Memories accessible only by their holder. The Service Provider may import into his/her profile Translation Memories of which they are the exclusive author, terminology databases, lexicons, or any other elements likely to help them to carry out the service. sent by the Client,  and they may then reuse the existing content.

8.1.3: By registering on the Site, the Service Provider agrees to comply with the obligation to deliver to the Client the Translation Memory which is carried out concurrently with the Translation with the delivery of the Translation itself.

8.1.4: Upon acceptance of the Translation by the Client, the Translation Memories are automatically added to the Service Provider and Client profiles, unless otherwise agreed by the parties.

8.2: Client Translation Memories

Only Client Translation Memories useful to the Project are accessible to the Service Provider. They are reused for the sole benefit of these projects according to the context under the following conditions:

– they are only accessible by the Client and the Service Provider(s) who have worked on the Project;

– they are saved segment by segment with an indexation of their context elements;

– they are used to perform automatic pre-translations;

– they are reused to establish subsequent Quotations.

Article 9: Confidentiality

The Service Provider undertakes to respect the confidentiality of the Translations done on the Site and not to disclose their content.

The Service Provider is solely responsible for any disclosure of the content of the Project or Translation to third parties.

A level of confidentiality of the content of the Project may be imposed by the Client, who may in particular send the Service Provider a specific confidentiality agreement to be signed prior to the performance of the Service.

In any event, New Paradigm cannot be held responsible, in the case of disclosure of the content of the Project by the Service Provider or any third party.

Article 10: Recommendation, Evaluation

10.1 Recommendation by the Site

The Site selects the Service Provider(s) based on an algorithmic calculation that favours the best match between the Service Provider’s profile and the Client’s request.

The multitude of parameters that come into play in the algorithmic calculation leads to a variation in the score given to the same Service Provider from one request to another.

This mechanism therefore gives the opportunity to any registered Service Provider to be selected according to requests.

The Service Provider(s) list selected by the Site is only a suggestion and New Paradigm remains independent of the choice of Service Provider by the Client.

10.2 Evaluation by Clients

Once the Translation is accepted, the Client is invited to evaluate the Service Provider. This evaluation is accompanied by a comment that will be published on the Service Provider’s page and remains visible on their page for an indefinite period.

The evaluations allow the Client to give marks for the quality of the Translation and their final satisfaction.

The evaluations contribute to the qualifying of the Service Provider and their recommendation by the site.

New Paradigm does not control the evaluations published by Clients, which cannot be modified or removed from the profile of the Service Provider, unless in the case of a request by a Service Provider to the following address: contact@eazylang.com.

New Paradigm can in no way be held responsible for the content of ratings and ratings written by Clients.

Article 11: Duration – Termination of access to the Service

11.1: Registration is for an indefinite period and there is no registration fee

11.2: The Service Provider can terminate, without any reason, at any time their registration. To terminate their account, the Service Provider must send an e-mail to: contact@eazylang.com

11.3: New Paradigm may terminate and/or suspend the Service Provider’s account, at any time, by right and without prior notice, by any means, without compensation or notice, and without prejudice by New Paradigm of all remedies or rights that it deems appropriate against the Service Provider:

– if they are bound by a law or regulation;

– in the event of claims or complaints from Clients against the Service Provider for any reason whatsoever;

– in the case of acts contravening the provisions of the Intellectual Property Code;

– more generally in the event of non-compliance with any of the terms of the General Terms and Conditions or any improper legal or statutory provision use of the Site.

 

11.4: If the information mentioned in the Service Provider’s profile is inaccurate, New paradigm reserves the right to delete their profile, in the absence of a satisfactory answer within eight (8) days of sending a request for rectification.

11.5: In the case of deletion or suspension of the Account for any reason whatsoever, the access to the Service Provider’s Account will be deactivated without prejudice to the Clients having paid for the Services so they may continue using them after deletion of the Service Provider’s account.

Article 12: Liability

12.1: Liability in connection with the use of the Site

12.1.1: The use of the Site and subscription to the Services is at the risk and the responsibility of the Service Provider.

The Service Provider is solely responsible for the data and the content they publish on their profile and on the Site. In this context they undertake:

– not to commit any action or adopt any behaviour that would be likely to damage the image or the reputation of New Paradigm;

– not to write, send message(s) or information whatever their form or nature may be:

* contrary to public order and morality;

* contrary to privacy;

* insulting, defamatory, racist, xenophobic, revisionist or violating the honour or reputation of others, inciting discrimination, hatred;

* pornographic or paedophile;

* constituting false news;

* threatening to a person or a group of people;

Or,

* inciting to commit a crime, offence or act of terrorism or advocating war crimes or crimes against humanity;

* inciting discrimination or hatred against a person or group of persons because of their origin or belonging to or not belonging to a particular ethnic group, nation, race or religion;

* incentive to suicide;

* violating the law on the confidentiality of correspondence, or, in general, contrary to a regulation or a law in force;

* allowing third parties to obtain pirated software, serial numbers of software allowing hacking and intrusion into computer and telecommunications systems, viruses and generally any software or other tool allowing the undermining of the rights of others and the safety of persons and property.

 

12.1.2: New Paradigm is an Internet Service Provider providing Translation Service Providers with the means to promote themselves on the Site. New Paradigm acts solely as a content host and is therefore not bound by any general obligation to monitor the content transmitted or stored via the Site by Clients and Service Providers. New Paradigm does not monitor or censor a priori, the content.

New Paradigm cannot be held responsible for the content transmitted, stored and published via the Site, nor be held liable for any damages, because of the consequences related to said content, errors or omissions of the Service Provider on the Site.

12.1.3: The Company cannot be held liable in case of inability to access the Site and/or the use of the services, due to internal malfunctions of the Service Provider’s Internet Service Provider, the congestion of the internet network or for any other reason whatsoever.

The Service Provider acknowledges and agrees that New Paradigm is not responsible for interruptions in access to the Site and the Service, and any consequences that may arise for the Service Provider or any third party.

New Paradigm may be required to temporarily interrupt access to the Site or part of the Services, for reasons of computer maintenance. In this case, New Paradigm undertakes, as far as possible, to inform the Service Providers of the maintenance operations. New Paradigm will send an e-mail about this to the Service Provider.

The interruption of the Service may not give rise to any compensation from New Paradigm.

12.2: Liability in the execution of Translations and the use of the Service

12.2.1: The Site offers the Service Providers project management tools free of charge (Content Analysis and Messaging). The use of these tools by the Service Provider is not the responsibility of New Paradigm, to which it remains independent.

12.2.2: New Paradigm provides Service Providers with a connection service. As such, New Paradigm does not intervene in any way with conditions of subscription of the service contract between the Client and the Service Provider. Translations are carried out by the Service Providers under their sole responsibility.

In this context, New Paradigm declines all liability for any direct or indirect damage caused to the Service Provider, the Client, third parties or goods arising during a translation.

Therefore, New Paradigm cannot be held responsible in particular:

– for the cancellation of a Translation by a Client;

– for non-payment of Translations by Clients;

– for the behaviour of a Client.

Any complaint relating to the final Translation that is brought to the attention of New Paradigm will be forwarded to the Service Provider concerned, who will assume full and sole responsibility.

12.2.3: NEW PARADIGM’S RESPONSIBILITY WILL IN NO CASE BE INVESTIGATED, IN ANY WAY, FOR ANY DIRECT OR INDIRECT DAMAGE OR DAMAGE SUFFERED OR INCURRED BY THE SERVICE PROVIDERS DUE TO THE USE OR IMPOSSIBILITY OF USE OF THE SITE AND/OR SERVICES, VIRUSES, SUCH AS, BUT NOT LIMITED TO, LIMITATION, LOSS OF INFORMATION, LOSS OF DATA (SUCH AS TRANSLATION MEMORIES, TRANSLATIONS, EMAILS) ABSENCE OF QUOTATION PROPOSAL.

It is expressly reminded that it is up to the Service Providers to save all this content on a durable medium.

12.2.4: New Paradigm does not give the Service Provider any guarantee the impact that the listing could have on the activity of the Service Provider.

Article 13: Intellectual Property

New Paradigm is the holder of all intellectual property rights relating to the Service, including the trademark “Eazylang”, as well as the domain names eazylang.com, eazylang.fr, eazylang.eu, and/or any other element of intellectual property used by the Service.

“Eazylang” is a protected trademark and registered with the INPI.

Any reproduction, distribution, representation or total or partial adaptation, modification or use of the trademark, the Site and other intellectual property rights attached to the Service, for any reason and on any medium whatsoever, without the express prior agreement of New Paradigm is strictly prohibited, as is their alteration.

The Site is the exclusive property of New Paradigm, the holder of all rights therein.

These Terms and Conditions shall not entail an assignment of the intellectual property rights to the Service Providers.

Article 14: Protection of personal data

New Paradigm is required to collect personal information (such as, in particular, first name, last name, address, date and country of birth, nationality, qualifications…) of the Service Providers using the Site.

This information is necessary to access the Service and certain functionalities of the Site as well as to ensure the listing of the Service Provider and to assess their professional competence. By failing to provide this information, the Service Provider will not be able to benefit from the Service.

The personal data collected during the registration of the Service Provider is exclusively intended for the Site and New Paradigm to ensure the quality of the Service and/or send promotional information and newsletters to the Service Provider electronically and to enable the execution of their Translations.

New Paradigm is responsible for the data.

These data may only be disclosed to third parties to meet legal and regulatory requirements.

This information is confidential; it will be retained for a period of three (3) years from the collection of said information (subject to the data necessary to meet a legal or regulatory obligation that may be retained for the time necessary to fulfill the obligation in question).

The following guarantees have been taken to ensure a sufficient level of protection of personal data:

In accordance with Articles 38 et seq. of the Data Protection Act of 6 January 1978, as amended by European Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, the Service Provider has the right to access, rectification and deletion, and limitation of the processing of their data free of charge and a right of objection, in the processing of their personal data.

The Service Provider also has:   

– the right to the portability of their data, that is to say to receive the personal data concerning them and that they have provided to New Paradigm, in a commonly used structured and machine-readable format. The Service Provider shall therefore be able to store or transmit them easily from one information system to another, with a view to their reuse for personal purposes;

– the right to withdraw consent at any time (in this case, the lawfulness of the handling carried out prior to the withdrawal will not be called into question);

– the right to lodge a complaint with the competent supervisory authority (in France, the CNIL) if they consider that the processing of their personal data does not comply with European rules;

– the right to define directives concerning the fate of their personal data after their death.

If the Service Provider wishes to exercise any of these rights and/or obtain information concerning him/her, he/she must contact NEW PARADIGM SAS, 10-12 Vivier Merle Blvd., World Trade Center Tour Oxygène – 69003 LYON, or send an e-mail indicating their name (s), first name (s), and details to the following address: contact@eazylang.com.

Furthermore, the Service Provider is informed and expressly agrees that the selection of Service Providers referred to in Article 10 above results exclusively from automated processing aimed at evaluating certain personal aspects, in particular by analysing and predicting elements concerning areas of activity and expertise, specialties, language pairs, availability and processing capacity – and enabling the implementation of the Service, in particular by optimising the relationship between Service Providers and Clients. For this reason, New Paradigm has put in place the appropriate measures to safeguard the rights and freedom and the legitimate interests of the Service Provider who retains the right to obtain human intervention from New Paradigm, to express their point of view and challenge the scoring/selection

Article 15: Governing law and jurisdiction

The interpretation, validity, execution and termination of the Contract and relations between the parties are subject to French law, under the contrary mandatory provision.

ANY DISPUTE IN CONNECTION WITH THE USE OF THE SITE AND SERVICES BY A SERVICE PROVIDER WILL BE SUBMITTED TO THE JURISDICTIONS OF THE LOCATION OF THE NEW PARADIGM REGISTERED OFFICE.