Terms of Use

TextMaster is a website that allows individuals or professional clients (hereinafter referred to as ‘Clients‘ or ‘Client‘) to purchase services relating to documents (hereinafter referred to as ‘Content‘), more specifically copywriting, translation, or proofreading (these three terms being hereinafter referred to collectively as ‘Services‘) by Authors qualified by TextMaster (hereinafter referred to as ‘Authors‘).

Use of the Services and websites provided by TextMaster (hereinafter referred to as ‘TextMaster‘, ‘TextMaster.com‘, ‘we‘, ‘us‘ or ‘our‘) by you (hereinafter the ‘Client‘, ‘you‘ or ‘your‘) is subject to the following General Terms and Conditions of Sale (the ‘Terms‘) and to TextMaster’s Privacy Policy.

TextMaster and the Client are hereinafter collectively referred to as the ‘Parties‘ and individually as ‘Party‘.

Corporate Information

Company Name TextMaster
Corporate Form S.A. (SIRET 793 105 016 00034)
Headquarters 30 rue des Jeuneurs, 75002 Paris, France
Publication Director Thibault Lougnon

Acceptance of the Terms

By visiting this website or registering for the Services offered on the website, you accept these Terms. If you order Services on behalf of a company or any other corporate body, you must be the legal representative of said company or corporate body, or have obtained its express permission.

In the event of failure to comply with these Terms, or any other right held by TextMaster, we reserve the right to close your Client account and to take all the measures necessary to safeguard our interests.

TextMaster reserves the right to amend these Terms at any time. In the event of such an amendment, we will immediately post the new Terms online. Your active use of the Services provided by TextMaster following the publication of the updated Terms will constitute your full acceptance of said Terms.

The French version of this document is the original version of the TextMaster Terms of Use. In the event of contradictions between the French version and the translations on TextMaster, the French version shall prevail.

Description of Services

Translation Service

The translation service allows Clients to obtain content in one language, based on original content in another language. As far as is possible, and taking into account the cultural and linguistic subtleties of the language in question, the Author agrees to conserve, to the best of his/her abilities, the general tone, the organisation of information, and the type of vocabulary used in the original content.

Proofreading Service

The proofreading service allows Clients to submit content to be corrected by an Author. Proofreading covers the vocabulary, grammar, spelling, punctuation and syntax used in the content. Changes to the structure and style of the Content may also be requested, provided the Client selects the appropriate service. Otherwise, the Author shall not be obliged to make changes to the structure or style. If the Client so desires, they may ask the Author to limit the check to one or more of these elements. In such cases, the Client must explain as clearly as possible in the Initial Request defining the project.

Copywriting Service

The copywriting service allows Clients to purchase original content on a given topic and to meet a specific need. Following the Initial Request, the Author conducts the necessary research on the subject in question, then writes Content that corresponds to the criteria set out by the Client in terms of word count or type of vocabulary.

Use of Services

Initial Request (briefing)

      1. Translation and Proofreading Service

The Client may submit a document, an extract from a database or free form text on TextMaster and add any explanations to guide the Author in his/her task (hereinafter referred collectively as the ‘Initial Request‘).

The Client expressly acknowledges that TextMaster’s price is based on the word count estimated by TextMaster or communicated by the Client in their Initial Request, and not on the final number of words communicated to the Client by the Author after the Service has been performed.

      2. Copywriting Service

For each project, the Client must indicate a certain number of elements to guide the Author in his/her task (hereinafter the ‘Initial Request‘).

It is understood that:

  • The requested word count includes a margin of +/- 10% (i.e. for an order of a 500-word text you may deliver a text of 450 to 550 words). If a maximum or minimum word count is requested by the Client, the Author must abide by said maximum or minimum.
  • The ‘Keywords’ option allows the Client to indicate a set of words or phrases that the Author must integrate into the Content and the number of times that they should appear in the text. The keywords are determined by the Client and must be in the target language (example: if the text is being translated from English to Italian, the indicated keywords must be in Italian). The keywords are also case-sensitive, to ensure the most accurate keyword count possible (e.g. the acronym for search engine marketing (SEM) should be capitalized to ensure that the system does not include that combination of letters found in larger words, as in the word ‘semantics’).

  3. All Services

TextMaster shall make every effort to provide a high-quality Service that meets the Client’s Initial Request.

The Client hereby acknowledges that, should the Client underestimate the word count, TextMaster may charge a supplement, which the Client undertakes to pay unconditionally.

If payment is not received within the agreed period, TextMaster may cancel the order and issue a refund to the Client. If the Author has begun the task, the full amount for the Service shall be payable to TextMaster.

Regulations relating to orders

The Client must never:

  • order a text which could infringe on the universal individual rights of an individual or corporate body;
  • ask the Author to make comments that are libellous or offensive towards any individual or corporate body, living or dead;
  • provide content that is contrary to good morals, that encourages violence, hatred, or racism, or that is considered illegal or contrary to public policy;
  • request the translation of copyrighted material (such as a book).

Should TextMaster be held liable by a third party following a violation of one of these prohibitions by the Client, the Client undertakes to indemnify TextMaster in accordance with Article 9 below.

TextMaster reserves the right to refuse to perform, or cancel the performance of, any Service that commits one of the above-mentioned violations, and to refund any payment the Client has already made, deducting an amount corresponding to the part of the Service already performed, as well as any any losses suffered by TextMaster in respect of the violations.

EXTERNAL CONTENT AND EXTERNAL LINKS

You accept that you are solely responsible for the documents and information you distribute to Authors on TextMaster (collectively referred to as ‘External Content’ and ‘External Links’).

Given the quantity of information exchanged, TextMaster cannot be held responsible for the accuracy and legality of content distributed via its platform.

You agree to only transmit External Content and External Links:

  • the content of which is accurate and not libellous;
  • to which you own all the rights, including intellectual property rights, or in the absence of these, that you are free to use in the context of TextMaster’s services;
  • that are free of all viruses, scripts, or programs of any kind;
  • that comply with all current legislation.

Your External Content and External Links are subject to our regulations on transmission to Authors, as described in our General Terms and Conditions of Sale. TextMaster reserves the right to modify these regulations at any time and without prior notice.

In addition, TextMaster reserves the right:

  • to refuse to transmit your External Content and External Links, or to transmit them after minor corrections or modifications;
  • to remove all External Content or External Links from its platform, at any time, and without prior notice.

TextMaster may only remove External Content and External Links from its own platform and cannot be held responsible for the removal or non-removal of your External Content and External Links from third-party websites over which we have no control.

TextMaster does everything within its power to transmit your External Content and External Links to Authors in the shortest possible time. Any errors detected in your External Content and External Links cannot be corrected by TextMaster. If you detect an error in External Content or in an External Link, you must cancel the order if possible and begin a new order. If cancellation is impossible (e.g. because the order has already been allocated to an Author), the charges relating to this remain your responsibility.

The External Content and External Links that you publish must under no circumstances show details (name, address, email address, telephone or fax number, etc.) that would allow Authors to contact you or to identify you, directly or indirectly.

SERVICE COMPLETION TIME

Unless expressly agreed between the Parties, TextMaster makes no commitments on Service completion times.

The completion times given on the TextMaster website are provided as a guide only and depend on various factors, such as the volume of Content, the complexity of the topic, and the availability of appropriate Authors, on which TextMaster can make no firm commitment.

On the other hand, TextMaster agrees to do everything in its power to satisfy the Client’s request within the shortest possible time period.

AUTHOR ALLOCATION

TextMaster agrees to assign projects to Authors who meet the requirements outlined by the Client in the Initial Request, especially the level of skill required (‘Basic’, ‘Standard’ or ‘Enterprise’).

The Client expressly acknowledges that, if no Authors are available to perform the Service requested, TextMaster reserves the right to cancel the Service ordered and to refund the amount paid by the Client.

The Client also acknowledges that they may not claim any compensation in this regard.

CONTENT APPROVAL

Once the Content has been submitted by the Author, the Client has seven calendar days to check that the Content satisfies their Initial Request.

Once this period has elapsed, the Content submitted by the Author shall be considered to have been unconditionally approved by the Client. The implementation of this condition is strictly irrevocable.

If you consider that the Content submitted does not completely meet your expectations, you can ask the Author to revise it. In such an event, you agree to be as precise as possible in your communication with the Author so as to facilitate the revision of the Content.

In the event of a revision request, the Client will be put into direct contact with the Author through a TextMaster internal messaging system. It is understood, as regards these exchanges, that:

  • in accordance with Article 3.9 of these Terms, the Client is strictly forbidden to try to obtain by any means whatsoever the Author’s contact information in order to contact him/her outside of the TextMaster platform;
  • TextMaster may at any time and without restrictions access the content of these exchanges, so as to be able to preside over a moderation or to check that exchanges between the Client and the Author are proceeding correctly.

If the Client considers that the Author has not satisfied their Initial Request, they may reject the Content. When the rejection procedure is triggered, a third-party moderator intervenes to check whether the Client’s rejection of the Content is justified.

  • if the moderator considers that the Client’s refusal is justified, the order is immediately reopened with a different Author, at no additional cost to the Client;
  • if the moderator rejects the Client’s request, the Content may be considered approved, or the moderator may ask the Author to make a few changes to bring the Content into compliance with the Client’s Initial Request.

If an Author considers the Client’s revision requests to be unjustified in light of the Initial Request, he/she may request intervention from a moderator. This third party will analyse the client’s Initial Request, the Content produced by the Author, and the various exchanges and revisions.

  • if the moderator considers that the Author’s request is justified, the Content is automatically considered to be acceptable, and the Client may not contest this decision in any way;
  • if the moderator considers that the revision requests made by the Client are justified, the Author is obliged to redo his/her work until the Client is completely satisfied (in accordance with the Initial Request).
DOWNLOADING CONTENT

Once production of the Content is complete and the Client’s approval has been received, the Content produced will be available to download from the Site or via the API for at least two months.

TextMaster cannot be held responsible should a connection problem occur between TextMaster’s servers and the Client’s computer at the moment of transfer;

Under no circumstances can TextMaster be required to develop specific tools and services to adapt the format of the documents to the Client’s system.

CONFIDENTIALITY

TextMaster will make every effort to ensure the confidentiality of your Content.

All of TextMaster’s Authors are bound by a confidentiality agreement.

In addition, the TextMaster platform is secured by a digital certificate (SSL certificate), which authenticates users and encrypts exchanges via an identification key.

ANONYMITY

In addition, the TextMaster platform is secured by a digital certificate (SSL certificate), which authenticates users and encrypts exchanges via an identification key.

Should the Client fail to abide by this requirement, the Client agrees to pay TextMaster compensation of five thousand euros (€5,000) per violation.

Payment and Invoicing

GENERAL POINTS

1. Pricing

The price applicable between the Parties is stipulated to the Client when the Initial Request is made to TextMaster. However, the price indicated does not give any indication of future prices, which may be unilaterally changed by TextMaster, in particular by issuing a new price during the course of a year.

Clients are not notified of price changes and said changes will take effect as soon as they are published on the TextMaster website.

 

2. Currency of reference: the Euro

TextMaster’s currency of reference is the Euro (€).

TextMaster provides a multi-currency system that allows Clients registered on local versions of the site to pay in a currency other than the Euro.

It is understood that the exchange rate is freely fixed by TextMaster and may not be contested. It may be revised at any time without the need for a specific communication to Clients.

 

3. Payment Methods

You may pay TextMaster invoices by bank card, bank transfer or PayPal.

You can then launch your projects on TextMaster using purchased or gifted credits:

  • Purchased credits:

TextMaster uses a system of prior purchase of credits that allows the Client to order Services as and when they need them.

The purchase of credits in no way determines the price to be paid, and the Client therefore expressly acknowledges that TextMaster is free to change its prices at any time, even after a Client’s account has been credited. The credits merely constitute an electronic means of facilitating the payment process and shall in no way be construed as belonging to the Clients.

In exceptional cases, as part of special agreements, some invoices may be issued on an ex post facto basis. It is expressly agreed between the Parties that the Client shall honor all invoices received for credits purchased from TextMaster.

Your credits can be used for 365 days following their acquisition. The Client expressly acknowledges that at the end of this period, the credits will lose their value and will be removed from their account. The Client expressly agrees not to challenge the expiry of said credits in any way.

The Client expressly agrees that exceptional renewal of credits shall be at the sole discretion of TextMaster.

It is not possible to use credits on a site other than TextMaster or one of its affiliates or partners.

It is understood that once purchased, the credits can in no way be converted into money and that they are non-refundable.

TextMaster provides an invoice each time the Client purchases credits. This invoice serves as a receipt and will be used as a reference in the event of any potential account-related conflict between TextMaster and the Client.

 

  • Gifted credits (promotional code):

Credits gifted to Clients through promotional codes are valid for three months. At the end of this period, your credits will lose their value and will be removed from your account. There is no possibility of renewing unused credits after their expiration date.

 

4. Payment Terms

TextMaster invoices are payable upon receipt or by the deadline agreed with TextMaster.

For any sum that is not paid by the agreed date, TextMaster reserves the right to invoice the Client late payment interest at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points, calculated and accrued from the first day after the due date.

 

5. Setting Off

The Client expressly authorizes TextMaster (and, where appropriate, its subsidiaries, partner companies or affiliates) to set off the receivables and debts that it may have or may owe to the Client.

 

VALUE ADDED TAX

TextMaster is a French company but may invoice through national entities in the countries in which it has commercial operations. As such, and in accordance with the prevailing VAT law on the implementation of Value Added Tax at the national, European, and global levels, we apply the relevant principles on the subject.

TextMaster may verify the status of every Client as regards the implementation of VAT. The Client agrees to transmit to TextMaster, at the first request, the various documents necessary to authenticate their Client account.

The Client agrees to provide genuine and complete information on their legal and tax identity or on the legal and tax identity of the corporate body they represent, specifically with respect to VAT. If this does not happen, TextMaster may take whatever measures it considers necessary to redress the balance, up to and including cancellation of some or all of the credits acquired by the Client, or legal action.

It should be noted that TextMaster reserves the right to amend this clause concerning Value Added Tax in line with amendments made to French, national and European regulations.

Rights of Use and Copyright

TRANSLATION AND PROOFREADING SERVICE

TextMaster assigns to the Client, on a non-exclusive basis and with no time limits or geographical restrictions, the following rights over the Content produced by TextMaster and paid for by the Client through its tools:

  • Rights of reproduction: creating and distributing any copy of the work, whether direct or indirect, temporary or permanent, in part or in full;
  • Exploitation rights: using, distributing, modifying, translating, adapting, monetising, recording, submitting or exploiting the content in all current and future formats (websites, DVDs, publicity brochures, press releases, etc.);
  • Rights of communication to the public: representing and exploiting the text in any format (physical, digital, etc.), visible to anyone, anywhere, without restrictions, including on websites;
  • Distribution rights: authorizing or forbidding the distribution to the public, through sale or otherwise, of the original work or of copies thereof;
  • Rights of transfer and rights of sale: agreeing or refusing to sell, under the conditions of their choice, all or some of the rights relating to the Content;
  • Rights of temporary technical reproduction: authorizing the temporary, transient, or accessory distribution and reproduction of the Content.
  • Waiver of citation rights: You must not mention the Author’s first name, surname, initial or any other element that would allow the Author to be identified.

The assignment of all of these rights is considered to be valid once the Client has paid the agreed amount to TextMaster. This payment is considered to be confirmed once the credits are debited following approval of the Content.

Nevertheless, the Client expressly acknowledges that TextMaster remains the owner of the translation Content communicated by TextMaster to the Client. Said Content may be reused by TextMaster for other translation Services.

It is understood that the enriched Content developed by TextMaster, including the translation memories and glossaries compiled by TextMaster, remain, unless otherwise agreed between the Parties, the exclusive property of TextMaster.

It is also understood that the Client assigns to TextMaster, on a non-exclusive basis and with no time limit or geographical restrictions, certain rights over the Content submitted by the Client to TextMaster, including the Content, the translation memories and the glossaries. Said Content may be reused by TextMaster for other translation Services. These rights include:

  • Rights of reproduction: creating and distributing any partial copy of the work, whether direct or indirect, temporary or permanent, It being understood that TextMaster cannot reproduce the work in its entirety.
  • Rights of temporary technical reproduction: authorizing the temporary, transient, or accessory distribution and reproduction of the Content.
COPYWRITING SERVICE

TextMaster assigns to the Client, exclusively, irrevocably, and without time limits or geographical restrictions, the following rights over the Content produced for the Services of TextMaster.com and using its tools:

  • Rights of reproduction: creating and distributing any copy of the work, whether direct or indirect, temporary or permanent, in part or in full;
  • Exploitation rights: using, distributing, modifying, translating, adapting, monetising, recording, submitting or exploiting the content in all current and future formats (websites, DVDs, publicity brochures, press releases, etc.);
  • Rights of communication to the public: representing and exploiting the text in any format (physical, digital, etc.), visible to anyone, anywhere, without restrictions, including on websites;
  • Exclusive distribution rights: authorizing or forbidding the distribution to the public, through sale or otherwise, of the original work or of copies thereof;
  • Rights of transfer and rights of sale: agreeing or refusing to sell, under the conditions of their choice, all or some of the rights relating to the Content;
  • Rights of temporary technical reproduction: authorizing the temporary, transient, or accessory distribution and reproduction of the Content.
  • Waiver of citation rights: You must not mention the Author’s first name, surname, initial or any other element that would allow the Author to be identified.

The assignment of all of these rights is considered to be valid and irrevocable once the Client has paid the agreed amount to TextMaster. This payment is considered to be confirmed once the credits are debited following approval of the Content.

TextMaster's Responsibilities

TextMaster declines all responsibility for the Content produced, proofread, or translated through its Services. If necessary, TextMaster will transmit the details of an Author responsible for offensive Content to the appropriate authorities.

You accept that you use the Services as they are, and that these services are provided to you ‘as is’ and ‘subject to availability’. In particular, under no circumstances does TextMaster guarantee:

  • that your use of the Services will meet your requirements;
  • that your use of the Services will be uninterrupted, possible at any time, reliable, and free of errors;
  • that all of the information obtained following your use of the Services will be accurate or reliable;
  • that any malfunctions or problems with the availability of the Services will be corrected.

In addition, TextMaster expressly excludes any guarantees or conditions of any kind, explicit or implicit, including but not limited to the implicit guarantees and conditions of market quality, appropriateness for a particular use, and the absence of forgery.

However, as an extra precaution for the Copywriting Service, TextMaster uses Copyscape to check that the Content communicated by the Authors does not already exist and has not been copied from content referenced by Google. In no event can TextMaster be held responsible for any malfunctions in Copyscape.

TextMaster cannot be held responsible for any direct, indirect, unintentional, unusual, consequential, or exemplary damage or loss that you may suffer, however it may have been caused, and whatever the responsibility invoked, including but not limited to the direct or indirect loss of profits, the loss of fame or reputation, the loss of data, the costs of supplying replacement goods or services, and any other non-material loss.

TextMaster cannot be held responsible for any direct, indirect, unintentional, unusual, consequential, or exemplary damage or loss that you may suffer, however it may have been caused, and whatever the responsibility invoked, including but not limited to the direct or indirect loss of profits, the loss of fame or reputation, the loss of data, the costs of supplying replacement goods or services, and any other non-material loss.

Accessing the Services

You are not authorized to access the Services through an automated system other than through the TextMaster API. Monitoring, copying, or diverting the use of the Service using robots, spiders, or other automated data recovery systems is forbidden without our formal written authorization (exceptions are made for all search engines and not-for-profit public archiving systems). Creating accounts with robots or any other automated system is forbidden.

Freezing and Closing Accounts

CLOSING YOUR ACCOUNT

You may close your account at any time, by sending us your request via the contact form;

A request to close an account is only considered valid if it is sent via the contact form.

Under no circumstances may you request to be refunded for the value of credits still available on your TextMaster account at the time of closing your account. These credits will be lost permanently.

FREEZING AN ACCOUNT

Should it suspect fraud, TextMaster reserves the right to freeze the account of the Client concerned for as long as is necessary to carry out the relevant checks. In such an event, the Client accepts that, in accordance with Article 4, TextMaster cannot be held responsible for failure to meet Service completion times.

Client's Responsibilities

You agree to indemnify and defend TextMaster and its employees, directors, subsidiaries, and partner companies and to clear them of any responsibility in the event of claims or litigation arising as a result of misuse of our Services, or of your failure to respect these Terms.

The Client shall be liable for all damage that may be caused by them to TextMaster, its employees, directors, subsidiaries and partner companies, and agrees to indemnify TextMaster, its employees, directors, subsidiaries and partner companies for any direct or indirect damage or loss they may suffer due to the Client’s failure to meet their obligations.

The Client will therefore have an obligation to indemnify TextMaster, its employees, directors, subsidiaries and partner companies for the direct and indirect consequences of any claims or actions of any nature whatsoever, civil or criminal, that may be attempted or brought by a third party in connection with the misuse of the Services by the Client or the Client’s failure to comply with these Terms, and the Client’s liability may not be limited in any way or be subject to any compensation ceiling.

Intellectual Property

TextMaster holds all the property rights over TextMaster Services and the TextMaster website. No stipulation in these Terms gives you the right to use TextMaster’s trade names, trademarks, service marks, logos, domain names, or any other of TextMaster’s distinctive features.

You accept that when you use the Services, you will use no trade name, trademark, service mark, or logo belonging to a company or organization in such a way that it is likely to cause confusion, deliberate or otherwise, as to the owner or license holder of these marks, names, or logos.

Referral Program

The referral program allows TextMaster Clients to recommend the Services to their friends, families, clients, partners, etc., and to receive a financial reward for every new Client. The details of this financial reward can be found on the TextMaster website.

Referral earnings are calculated exclusively on the basis of new Clients that actually complete valid transactions with TextMaster.

New Clients are only counted under the Referral program when they register via the official referral hyperlinks provided by TextMaster (sometimes called ‘Tracker’).

TextMaster is free to end the Referral program at any time. In such an event, the earnings already acquired by Clients will remain payable, but TextMaster will no longer be obliged to pay additional earnings for new Clients.

General Clauses

TextMaster reserves the right to amend the content and the specifications of the Services at any time, without prior notice.

TextMaster may collaborate with third-party companies in order to provide you with its Services. You accept that such companies may provide you with these Services on behalf of TextMaster.

You agree to receive emails from TextMaster, at the email address you provided on registration. You may change this address at any time on your user interface.

You accept that you are solely responsible for all activity on your account, and you agree to respect the current legislation when using the Services.

You agree not to copy, modify, or create a derivative work, decompile, reverse-engineer, or attempt in any other way to extract the source code of all or part of the Services, without having first obtained the express authorization of TextMaster.

If one of the clauses of these Terms is declared invalid by a court of competent jurisdiction, said clause will cease to apply, with no effect on the other clauses of the Terms, which will retain all of their force and scope.

These Terms are governed by French law. You and TextMaster agree to submit all litigation arising from these Terms to the exclusive competence of the Paris commercial court.