Terms and Conditions of Use

Welcome to barboza.fr!

These terms and conditions outline the rules and regulations for the use of MARJORIE BARBOZA SAS's Website, located at https://www.barboza.fr.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use barboza.fr if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing barboza.fr, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, MARJORIE BARBOZA SAS and/or its licensors own the intellectual property rights for all material on barboza.fr. All intellectual property rights are reserved. You may access this from barboza.fr for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from barboza.fr

• Sell, rent, or sub-license material from barboza.fr

• Reproduce, duplicate or copy material from barboza.fr

• Redistribute content from barboza.fr

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. MARJORIE BARBOZA SAS does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of MARJORIE BARBOZA SAS, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, MARJORIE BARBOZA SAS shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

MARJORIE BARBOZA SAS reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant MARJORIE BARBOZA SAS a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of MARJORIE BARBOZA SAS; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to MARJORIE BARBOZA SAS. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of MARJORIE BARBOZA SAS's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Terms and conditions of sale

General terms and conditions
applicable from 01/01/2024

Article 1 : Service provider
Translation and interpretation services are provided by Mrs Marjorie BARBOZA, Chairman of MARJORIE BARBOZA SAS, a French private limited company whose registered address is 11 La Gervaudie 87190 Magnac-Laval, France.

Article 2 : Entering into a contract
The following general terms and conditions are applicable to any and all assignments for translation, interpretation and related services, as offered by MARJORIE BARBOZA SAS in a quote and as accepted by the customer who accepted the quote by declaring so by email and/or by returning a copy of the quote bearing their signature, company stamp, date and the word “accepted”, materializing the fact that they both entered into a contract under French law.

Article 3 : Estimated delivery time or date
The estimated time or date of delivery applies to the date on which a scanned copy of the translation shall be sent by email to the address provided by the customer. Mrs Marjorie Barboza will take every possible measure to comply with the estimated time or date of delivery. However, because of the oath she swore to serve the French justice system, the customer is hereby informed that the scheduled time or date of delivery is only an estimation and may be delayed depending on the ordered assignments Mrs Marjorie Barboza receives from Courts, law enforcement authorities or the French Ministry of Justice which often have priority, without any possibility for the customer to ask for compensation. Unless decided otherwise with the customer, Mrs Marjorie Barboza shall process the certified translation within a maximum of 30 days after receiving a validly countersigned quote and material.

In case the estimated delivery time or date is delayed, Mrs Marjorie Barboza will inform the customer accordingly.

Article 4 : Duty of the customer to provide the source documents
The customer shall provide Mrs Marjorie Barboza with the material required in order for Mrs Marjorie Barboza to carry out the assignment agreed upon in the countersigned or accepted quote. In case the customer does not provide the necessary material, Mrs Marjorie Barboza is entitled not to carry out the assignment and to claim the fees owed to her. In case the customer is late in provided the materials, Mrs Marjorie Barboza is entitled to an extension of delivery time. In case the customer provides material making it significantly difficult for Mrs Marjorie Barboza to carry out the assignment, Mrs Marjorie Barboza is entitled to terminate the contract. In such a case, Marjorie Barboza will renounce to claim payment of the fees and the customer will not be entitled to claim any compensation.

Article 5 : Terms of delivery
The terms of delivery will be specified for each individual assignment.

Article 6: Content of a certified translation
When the customer orders a certified translation, this consists in a translation of the source document and includes the reproduction of a similar layout so that the end reader will have a translated document that looks similar in shape and content to the source document. The reproduction of the layout, signs, seals, stamps, logos or any visuals cannot, however, be identical to the source, in compliance with the standards of certified translations, so that it still appears clearly to the end reader that the document is a certified translation and not a supposedly true copy of the source document or an original document. For this reason, the certified translation will always be submitted to the customer on paper and will always enclose a copy of the source document.

Article 7 : Delivery of the original certified translation by post
By default, paper documents are sent to the customer’s postal address in France by tracked letter, unless instructed otherwise by the customer. When the customer requests a delivery outside of the French territory, the default delivery method will be UPS, unless instructed otherwise by the customer. The postage fare or UPS charge will be invoiced to the customer who is liable to pay these.

Article 8 : Confidentiality
Any and all document or information provided by the customer are strictly confidential and shall not be disclosed to any third party without the prior approval of the customer.

Article 9 : Ownership of the end product and glossaries
The end product of the assignment is the property of the customer, provided they do not alter in any way the end product when it consists in a certified translation. Marjorie Barboza SAS remains the owner of any glossary or translation memory created in relation to or during the assignment.

Article 10 : Price
The price is determined by Marjorie Barboza SAS and relies on the specific individual details of each assignment. Pricing may be per word, per page, per minute or per hour.

Any supplement requested by the customer will lead to an additional fee and delivery time.

When a translation has already been processed by Mrs Marjorie Barboza, the source document cannot be amended or modified and the agreed price shall be paid by the customer.

Article 11 : Cancellation
Termination or cancellation of the ordered assignment after the quote has been duly approved or accepted by the customer is subject to Mrs Marjorie Barboza’s agreement. In case the assignment has already been carried out or is being processed when receiving the request for termination or cancellation, the customer will be charged with the agreed price. Any request for termination or cancellation shall be made in writing, by email to marjorie.m.barboza@gmail.com.

Article 12: Invoice, advance payment and arrears
Marjorie Barboza SAS will invoice the customer upon completion of the assignment. When the assignment was ordered individually by a natural person for private purposes, payment shall be made before delivery. When the assignment is ordered by a public body, society, association, NGO or a public or private company, payment shall be made within 30 days of the invoice.

Depending on the nature of the assignment, Marjorie BARBOZA SAS is entitled to request an advance payment. In such a case, the advance payment will be mentioned in the quote and 30% of the agreed price shall be paid by the customer when he/she/they accept the quote.

Marjorie Barboza SAS is entitled to refuse to carry out any assignment when the customer is in arrears with payments.

Article 13: Payment methods

13.1 - Default payment method : Bank transfer in Euros ordered from an account located in the Single Euro Payment Area (SEPA):

The Single Euro Payment Area (SEPA) includes the following list of member states : member States of the European Union, member States of the European Economic Area (EU members States, Iceland, Liechtenstein, Norway, Switzerland).

The bank details will be communicated upon request.

Please note that the United Kingdom is no longer part of the SEPA system, therefore customers paying from an account located in the UK shall not use these bank details unless they instruct their bank to pay any and all fees, including the fees imposed by the sending and receiving bank. When failing to comply with this instruction, the customer will be invoiced with all the fees applied by the receivng bank (i.e. 18,45 € in repatriation fee + conversion fee).


13.2 - CAUTION : Bank fees

The customer shall bear any additional fee that may apply to a bank transfer from outside the SEPA or in a currency other than Euro, whether the fees are invoiced by the sending or receiving bank, and whether they are linked to processing fees, exchange rate fees, repatriation fees or any other type of fee invoiced by the sending or receiving bank.


When failing to comply with this instruction when ordering the transfer, the customer will be invoiced with all the fees applied by the receivng bank (i.e. 18,45 € in repatriation fee + conversion fee).

Article 14: Applicable law
These general terms and condition shall be interpreted and applied according to French law. French law governs the contractual relationship between Marjorie Barboza SAS and the customer.

Article 15: Jurisdiction
Any dispute between Marjorie Barboza SAS and the customer in relation to their contractual relationship shall be submitted to the jurisdiction of the Commerce Court in Limoges, France.