Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms and Conditions”) apply to the Acolad Portal (hereinafter “Acolad Portal” or “portal”). The portal is the property of Acolad group duly represented by NIKITA, a French company with registered address at 11 Rue Lazare Hoche 92100 Boulogne-Billancourt and its affiliates (“Acolad”). By using this portal, you agree to these Terms and Conditions which constitute a legally binding agreement between Acolad’s client (the “client(s)” or “you”) and Acolad.

The following Terms and Conditions apply to the use of Acolad Portal alone, excluding services that a user may order using this portal. These Terms and Conditions are superseded by applicable SaaS or SLA agreements specifically to the portal.

Acolad reserves the right to change, modify, add or remove portions of these Terms and Conditions at any time. For this reason, you are requested to review these Terms and Conditions regularly.

For all purposes, the English version of the Terms and Conditions shall be the original, governing instrument and understanding between the parties. Translations into other languages can be obtained from Acolad upon request.

In order to use the Services, you must first agree to the Terms and Conditions. You may not use the Services if you do not accept the Terms and Conditions. If you start or continue using the Services via Acolad Portal, your consent to the Terms and Conditions is assumed.

1 General Conditions

This portal is a communications medium by which clients can have access to use the services offered by Acolad.

Use of Acolad Portal basic modules for requesting quotes and projects, as well as for managing reference materials is free of charge.

Pricing for the use of additional modules is provided upon request.

2 Availability and Security

The portal is designed to be available to you 24/7. Acolad will use all reasonable endeavours to provide this availability, however Acolad will not be liable for any interruption of this service.

Acolad may change, suspend or discontinue any aspect of the portal, including the availability of any features, information, database or content, or restrict access to parts or all of the portal without notice or liability.

Prior to using the portal, you will receive a personal login and a password. Unless otherwise agreed to in writing, the account is not transferable to other users.

As an account holder you warrant that you are responsible for all usage of the portal under your login and password associated with the account.

You warrant and are liable for ensuring that the source text you upload to the portal will be free from infection or viruses, worms, Trojan horses or other destructive code.

Acolad reserves the right to interrupt portal availability for maintenance. Acolad will use reasonable efforts to reduce such times of unavailability to a minimum and to perform necessary maintenance work outside most of our clients’ business hours. Planned downtimes of substantial duration will be announced in advance.

The portal uses a feature of your Web browser called "Cookie" to assign a unique identification to your computer. Cookies are files that your Web browser places on your computer's hard drive. The portal uses Cookies to store session identification information only. The Cookies will not store an Account Holder's personal or sensitive information. The portal may use third parties’ cookies to improve your user experience while being guided through the platform. When they are activated, those cookies will never store or transfer personal or sensitive information.

All source files or other property supplied to Acolad through Acolad Portal are transferred at your risk. Acolad will not be responsible for any consequential loss of it or damage to any files, content or property you transfer by means of the portal. You should retain copies of all submitted files for your records.

Acolad will run a backup of the portal twice a day. Orders that have been transferred to the Acolad production system (all orders and requests for quotations except for drafts) are also backed up twice a day.

You agree that you will not engage in any activity that interferes with or disrupts the functionality of the portal or the servers and networks which are connected to the portal.

Documentation on Acolad Portal technical security features can be obtained upon request. Please contact your Acolad Project Manager.

3 Orders and Quotes

When submitting a new order or request for quotation, you should receive an on-screen confirmation message on the portal interface stating the successful order/request for quotation submission to Acolad’s production system. You are responsible for making sure that a portal order or request for quotations has been successfully submitted to Acolad by ensuring that such message was shown to you. In case of doubts, please contact your Acolad Project Manager. Acolad accepts no liability for failure of transmission or excessive delay of transmission of orders or requests for quotation.

If you accept a quotation via Acolad Portal, or if you directly order a project without previous quotation, the order is considered as binding for you.

Acolad reserves the right to adjust pricing and/or delivery estimates upon receipt and evaluation of the final source file to be translated. You will be advised by Acolad of the estimate of additional charges or change of delivery date prior to performing the service.

Acolad reserves the right to refuse a request at its discretion for any reason or no reason whatsoever, including, without limitations, reasons relating to the size, usability and/or subject matter of the source text.

No order submitted by you shall be deemed to be accepted by Acolad unless and until Acolad confirms acceptance of your order in writing.

Upon completion of the translation, you will receive an e-mail notification enclosing a link to download the deliverables from the portal. Acolad is not responsible for delivery failure of this e-mail notification, or any other e-mail notification issued automatically by the portal, or manually via the portal, including, without limitation, failure caused by e-mail routing systems, your e-mail system, attachment size limits, and/or e-mail gateway protocol settings. In case of doubt, contact your Acolad Project Manager.

Acolad will use reasonable efforts to ensure that each deliverable is scanned for viruses using a commercially available virus scanning software program before it is delivered.

Acolad is not responsible to you or any third party for any direct or indirect, consequential, incidental, special, punitive or exemplary damage, or any loss incurred (including, but not limited to, lost profits, lost revenues or loss of data) in connection with your use of this portal.

The user, who contracts with Acolad via e-mail, or more generally via a computer network, or any other similar means of communication, acknowledges that these means of communication possess, notably in terms of evidentiary force, the same validity as that conferred by writing in hard copy.

4 File retention period

All files uploaded to Acolad Portal by Acolad or by the clients in the context of a project will be stored and available for download for a standard period of 1 year after the upload date. After this expiration date, the files will be deleted.

Files generated in the Machine Translation module will remain available on the Portal for 30 days after their generation.

5 Technical Support

Portal malfunctions and other related questions should be brought to the attention of our global support team using the “Need Help?” link available on Acolad Portal.

6 Confidentiality of Portal Functionalities

You agree that you will not disclose portal functionality and properties to third parties without the prior written consent of Acolad and that you will namely not disclose or distribute user documentation, or any other related documentation received by Acolad or created by yourself based on your portal account.

7 Machine Translation Services

Acolad is technology agnostic. Acolad uses Generic NMT providers, with customer consent, only once their security has been tested and assessed by the Acolad Legal department & Data Protection Officer. The security of these solutions is monitored constantly, as technologies evolve and regulations are updated. Acolad performs quality benchmarking of the different solutions based on the output of processed language pairs and post-editor feedback and chooses the solution that fits best. Therefore, Acolad can decide if a document is a candidate for Generic NMT and which provider is the most suitable for a given document based on objective parameters.

Currently used providers:

  • NMT Microsoft
  • NMT DeepL
  • NMT Amazon (AWS)
  • NMT Google (Google Basic & Google Advanced)
  • ModernMT
  • Systran
  • Globalese

8 Exclusions

These Terms and Conditions explicitly exclude the services that a user may request via the Acolad Portal such as language services, whether machine-assisted or fully automated. Service levels for those need to be agreed between Acolad and the client in a separate contract.

9 Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the portal, including all disputes, will be governed by the French law without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in Paris, France, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Acolad and you arising out of or in connection with your use of the portal, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.