TextMaster is a website allowing individuals or professionals (hereinafter “Clients” or “Client”) to purchase services linked to website documents or contents (hereinafter the “Content”), more specifically to translate, correct or produce said Content (those thee services being referred to jointly as the “Services”) by authors selected by TextMaster (hereinafter the “Authors”).
Use of the Services and Websites supplied by TextMaster (hereinafter “TextMaster”, “TextMaster.com”, “us”, “we” or “our”), by you (hereinafter “Client”, “you” or “your”) is subject to these Terms and Conditions of Sale (hereinafter the “Terms”) as well as the TextMaster Privacy Policy.
TextMaster and the Client hereinafter collectively called the “Parties” and individually a “Party”.
Company Name TextMaster
Headquarters 69 rue de Richelieu, 75002 Paris, France
RCS Paris 793 105 016
Share capital 998 650 euros
E-mail contact@textmaster.com
Phone +1 64 67 41 52 59
Publication Director Benjamin du Fraysseix
Hosting provider : Amazon AWS Ireland
Address : One Burlington Plaza, Burlington Road, Dublin 4
Your registration for the Services offered by this website implies acceptance of these Terms. If you order Services on behalf of a company or other legal entity, you must be the legal representative or have the legal representative’s formal authorisation.
In case of non-compliance with these Terms or any other right held by TextMaster, we reserve the right to close your Client account and to take all necessary steps to preserve our interests.
TextMaster reserves the right to modify these Terms at any time. In that case, we will immediately post the new Terms online. Your use of the services offered by TextMaster after publication of the updated terms implies your full and entire acceptance of them.
This document is the original version in French of the TextMaster Terms. In case of contradiction between the French text and one of the translations provided by TextMaster, the French version shall prevail.
The Translation Service provides contents in a specific language based on an original text written in a different language. Wherever possible and taking into consideration the cultural and linguistic differences of the treated languages, the Client has the obligation to preserve as much as possible the general meaning and spirit of the original text, giving a specific important to the words and used vocabulary.
The Proofreading Service allows the Client to submit contents to an Author in order for the Author to correct all the mistakes. Proofreading concerns the vocabulary, grammar, spelling, punctuation and syntax used. The Client may also request changes to the structure and style of the Content provided the appropriate offer is selected. Otherwise, the Author shall not be obliged to make changes to the structure and style of the Content. If required, the Client can ask the Author to restrict the revision to one or more of these points. In that case, the Client must provide explanations that are as clear as possible in the original request defining the project.
The Copywriting Service allows the purchase of original content about a given topic and for a specific need. Following the initial request, the Author carries out the necessary research on the subject in question, before drafting content corresponding to the criteria defined in terms of expected number of words or type of vocabulary required.
1. Translation and Proofreading Service
The Client may submit a document, database extract or free text to TextMaster, along with guidance to assist the Author with the assignment (hereinafter the “Initial Request”).
The Client explicitly acknowledges that TextMaster’s price is based on the number of words estimated by TextMaster or communicated by the Client in the Initial Request and not the final number of words communicated by the Author to the Client after performance of the Service.
2. Copywriting Service
For each project, the Client must provide a number of criteria to guide the Author in completing the assignment.
It is understood that:
3. All Services
TextMaster shall do its utmost to provide a high-quality Service in line with the Client’s Initial Request.
If the Client underestimates the number of words, it acknowledges that TextMaster may charge a price supplement which it undertakes to pay without reservation.
If the payment is not received in the agreed time, TextMaster may cancel the order and refund the Client. If the Author has begun working on the assignment, the full amount of the Service shall remain payable to TextMaster.
The Client must never:
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, after deduction of an amount corresponding to the part of the Service already performed, as well as any losses suffered by TextMaster in that respect.
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 amount of information exchanged, TextMaster cannot be held liable for the accuracy and legality of the Content disseminated on its platform.
You agree to only transmit External Content and External Links:
Your External Content and External Links are subject to our rules on transmission to Authors, as described in our Terms. TextMaster reserves the right to modify these rules at any time and without prior notice.
In addition, TextMaster reserves the right:
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 shall do its utmost 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 not possible (e.g. because the order has already been allocated to an Author), you remain liable for the charges relating to that order.
External Content and External Links that you publish must under no circumstances include contact details (name, address, email address, telephone or fax number, postal address, etc.) that would allow Authors to contact you or to identify you, directly or indirectly.
Unless expressly agreed between the Parties, TextMaster does make any commitment on the deadline for completing Services.
The deadlines indicated on the TextMaster website are provided as a guide and depend on various factors which TextMaster cannot commit to, for example the volume of a project’s Content, the complexity of the subject matter and availability of Authors, etc.
However, TextMaster undertakes to do its utmost to satisfy the Client’s request within the shortest possible time.
TextMaster undertakes to allocate projects to Authors who comply with the criteria defined by the Client in the Initial Request and particularly the level of competence requested (“Standard”, “Enterprise” and “Expert”).
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 it may not claim any compensation in this regard.
The Client has between 7 and 14 calendar days from the submission of the Content by the Author to ensure that the Content conforms with its Initial Request. This validation time may be extended in case of quality control.
Otherwise, the Content submitted by the Author shall be considered to have been accepted by the Client without reservations. The application of this requirement is strictly irrevocable.
If you believe that the submitted content does not fully meet its expectations, you may request the Author to revise it. In that case, you undertake to be as specific as possible in you communications with the Author to facilitate revision of the Content.
In the event of a revision request, the Client is put in direct contact with the Author via an internal TextMaster messaging system. In respect of these communications, it is understood that:
If the Client considers that the Author has not complied with its Initial Request, it may reject the Content. Initiation of a rejection procedure involves inspection by a third-party moderator, who will assess the relevance of the Client’s rejection.
If an Author considers that the Client’s revision requests are unfounded in relation to the Initial Request, he/she may request intervention by a moderator. That third party will analyse the Client’s Initial Request, the Content produced by the Author and the various exchanges and revisions.
Once production of the Content is finished and the Client’s approval has been received, the Content produced and approved will be available to download from the Website or via the API for at least two months.
TextMaster cannot be held liable if a connection problem occurs during transfer between TextMaster’s servers and the Client’s computer.
Under no circumstances may TextMaster be required to develop specific tools and services to adapt the document format to the Client’s system.
TextMaster shall do its utmost to ensure the confidentiality of your Content.
All TextMaster Authors are bound by a confidentiality agreement.
In addition, the TextMaster platform is secured by an SSL digital certificate which authenticates users and encrypts exchanges using an identification key.
The entire TextMaster system has been designed to prevent you identifying the Author directly or indirectly. You therefore undertake to keep all content and discussions between you and Authors anonymous and not to seek in any way to encourage and Author to work with you outside the TextMaster platform.
Should the Client fail to abide by this requirement, the Client agrees to pay TextMaster compensation of five thousand euros (€5,000) per violation.
1. Pricing
The price applicable between the Parties is stipulated to the Client when the Initial Request is submitted via 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 shall come into force as soon as they are published on the TextMaster website.
2. Currency of reference: the Euro
The TextMaster reference currency is Euros (€).
TextMaster offers a multi-currency system that allows registered Clients registered on local versions to pay in a currency other than Euros.
It is understood that the conversion rate is freely set by TextMaster and may not be disputed. It may be revised at any time without any obligation to specifically communicate it 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:
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 in no way belong to Clients and merely represent an electronic management facility.
In exceptional cases, some invoices may be issued after the Service has been provided in the framework of special agreements. It is expressly agreed between the Parties that the Client shall honour all invoices received via credits purchased from TextMaster.
Your credits can be used for 365 days following their purchase date. The Client explicitly acknowledges that after this period, these credits will have lost their value and will be removed from your account. The Client explicitly agrees not to make any claim in relation to expiry of these credits.
The Client explicitly agrees that the exceptional renewal of these credits is entirely at TextMaster’s discretion.
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 are non-refundable.
TextMaster provides an invoice for every purchase by the Client. This invoice serves as a receipt and shall serve as a reference in the event of any accounting disagreement between TextMaster and the Client.
Credits gifted as a result of application of promotional codes are valid for three months. After this period, these 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 Times
TextMaster invoices are payable upon receipt or within the time agreed with TextMaster.
For any sum that is not paid by the due 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. Offsetting
The Client explicitly authorises TextMaster (and its subsidiaries or partner or affiliate companies where relevant) to offset the amounts it may owe to or be owed by the Client.
TextMaster is a French company but may invoice through national establishments in the countries in which it has commercial operations. Therefore, in accordance with the French VAT Code, which prevails for application of Value Added Tax at a national, European and global level, we apply the principles applicable in this respect.
TextMaster may need to verify the status of each Client in relation to the application of VAT. The Client undertakes to transmit to TextMaster, on first request, the various documents necessary to authenticate their Client account.
The Client undertakes to supply real and complete information concerning the legal and fiscal identity of its natural person or the legal entity it represents, particularly in respect of its VAT status. If this does not happen, TextMaster may take any steps it deems necessary to settle the loss, up to and including removing all or part of the credits acquired by the Client or possible legal action.
It should be noted that TextMaster reserves the right to change this rule linked to Value Added Tax in response to French, national and European regulatory changes.
TextMaster assigns to the Client, non-exclusively, without time limits and worldwide, the following rights over the Content produced by TextMaster, paid for by the Client and using its tools:
All assignments are deemed to be valid once the Client has paid the fee agreed with TextMaster, said payment being considered to be confirmed once the credits are debited following the Client’s approval of the Content.
Nevertheless, the Client explicitly 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, unless otherwise agreed between the Parties, the enhanced Content developed by TextMaster, including the translation memories and glossaries compiled by TextMaster, remain the exclusive property of TextMaster.
It is also understood that the Client assigns to TextMaster, on a non-exclusive basis, with no time limit and worldwide, 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:
TextMaster assigns to the Client, exclusively, irrevocably, without time limits and worldwide, the following rights over the Content produced for the Services of TextMaster.com and using its tools:
TextMaster declines all liability for the Content produced, proofread or translated via its Services. If necessary, TextMaster shall transmit the details of an Author responsible for offensive Content to the competent authorities.
You acknowledge 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:
In addition, TextMaster explicitly excludes any warranty or conditions of any kind, explicit or implicit, including but not limited to the implicit warranties and conditions of market quality, appropriateness for a specific use and the absence of forgery.
However, as an extra precaution for the Copywriting Service, TextMaster uses Copyscape to verify that the Content communicated by the Authors does not already exist and has not been copied from content referenced by Google. Under no circumstances may TextMaster be held liable for any malfunctions with Copyscape.
TextMaster may not be held liable for any direct, indirect, exceptional, special, consequential or exemplary damage, irrespective of how it was caused and the liability invoked, including but not limited to (direct or indirect) loss of profits, loss of goodwill or reputation, loss of data you may suffer, the costs of supplying replacement goods or services or any other intangible loss.
In any case and regardless of the type of damage suffered, the Client explicitly acknowledges that TextMaster’s liability may not exceed, in any case, the amount paid by the Client for the Service in question.
You are not authorised to access Services via an automated system other than use of the TextMaster API. Monitoring, copying or diverting the use of the Service using robots, spiders or other automated data recovery systems of is forbidden without our formal written authorisation (exceptions are made for all search engines and not-for-profit public archiving systems). Account creation by robots or other automated devices is prohibited.
You may close your account at any time, by sending us a request via the contact form.
An account closure request is valid only if it is sent through the contact form.
In any circumstances you cannot request the return of the available credit balance when your TextMaster account is closed. These credits will be permanently lost.
In the event of a suspicion of fraud, TextMaster reserves the right to freeze the account of the Client in question for as long as is necessary to carry out the relevant checks. In that case, the Client acknowledges that, in accordance with Article 4, TextMaster may not be held liable for failure to meet deadlines for Services.
You undertake to indemnify, defend and discharge TextMaster, its employees, directors, subsidiaries and partner companies of any liability in the event of claims or disputes arising as a result of improper use of our Services or violation of these Terms.
The Client shall be liable for all damage it may cause to TextMaster, its employees, directors, subsidiaries and partner companies and undertakes 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 comply with its obligations.
The Client shall therefore be obliged to indemnify TextMaster, its employees, directors, subsidiaries and partner companies for the direct and indirect consequences of any claims or actions of any kind whatsoever, whether civil or criminal, that may be brought or presented by a third party in relation to the Client’s improper use of the Services or its failure to comply with these Terms, without the Client being able to invoke any limitation of liability or any limit on compensation.
TextMaster holds all the property rights relating to the 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 signs.
You acknowledge you will not use any trade mark, service and name, logo of any company or organization which in any case may cause deliberately or not, confusion about the owner or authorized user of such marks, names and logos.
The Parties declare that they are entirely familiar with European and national legislative and regulatory provisions, particularly resulting from Regulation 2016/679/EU of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, amended French data protection law 78-17 of 6 January 1978 and its application texts as well as any other applicable regulation in that respect which is added to or replaces it (hereinafter “Data Protection Regulation”).
Subject to the personal data of Clients who are individuals, for which our company acts as data controller, TextMaster, which processes personal data in its capacity as the subcontractor of legal entity Clients, undertakes to:
Once it ceases to act as subcontractor in respect of the personal data processing, however, TextMaster’s liability may not be incurred in that respect, the Client being solely liable for any breach in the Data Protection Regulation with which it consequently undertakes to comply in its capacity as data controller.
TextMaster’s referral programme allows TextMaster’s Clients to recommend the Services to their friends, family, clients, partners, etc. and receive a reward for any new Client. The details of this reward can be found on the TextMaster website.
Referral earnings are calculated exclusively based on valid transactions for which payment is received by TextMaster.
New Clients are only counted for the purposes of the Referral Programme when they register using the official referral hyperlinks provided by TextMaster (sometimes called “Tracker”).
TextMaster remains free to end the Referral programme at any time. The earnings already acquired by Clients shall in that case remain due, although TextMaster shall no longer be obliged to pay additional earnings in relation to new Clients.
In accordance with article 1367 of the French Civil Code, by ticking the box by which the Client acknowledges that it accepts these Terms, the Client acknowledges that its agreement constitutes an electronic signature in respect of TextMaster which has the same value between the parties as a handwritten signature.
More generally, the Client acknowledge that any document which has been subject to this procedure constitutes literal proof in the same way as any email exchanged between TextMaster and the Client (even outside such a procedure), such that any correspondence or agreement shall be legally valid in respect of the operation in question in the same way as those subject to a handwritten signature.
Unless otherwise proven, as recognised by a court, and email exchanged between TextMaster and the Client is enforceable not only mutually, but also in respect of any third-party beneficiary, with the same probative value as a paper document.
In accordance with these Terms, Clients who are individuals acknowledge that the Services involve digital Content, not provided as a hard copy, performance of which begins once they give their prior explicit agreement. Consequently, the Client explicitly acknowledges that, in accordance with article L. 221-18, 13° of the French Consumer Code, the Services are not subject to a cooling-off period which it explicitly waives.
TextMaster reserves the right to close the Client’s account, subject to providing seven days’ notice, if the user fails to comply with its obligations under these Terms.
The Client’s obligations, like those of TextMaster, may be suspended in the event of force majeure in accordance with these Terms. If the event defined as force majeure lasts for more than thirty (30) days, the account shall be automatically closed without the Client or TextMaster being entitled to any financial compensation.
TextMaster reserves the right to modify the Content and specifications of its Services at any time without 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 at the time of your registration. You may change that address at any time via your user interface.
You agree to be solely responsible for any activity on your account, and you agree to comply with the legislation in force as part of your use of 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 TextMaster’s explicit consent.
In the framework of the company’s transfer to a third party, agreements between TextMaster and its Clients shall be automatically transferred to the transferee.
The Client authorises the Company in advance to assign or transfer those contractual rights to any person of its choice, providing it first notifies the Client pursuant to article 1216 of the French Civil Code, it being stipulated that Clients who are individuals may object to the transfer of their contract with TextMaster to the transferee if their rights are reduced.
In the event of a dispute relating to application and/or interpretation of these Terms, the Client has the option of entering into contractual mediation proceedings or any other form of alternative dispute resolution.
For Clients who are individuals, subject to contrary provisions in the French Consumer Code or any other applicable provision, any consumer dispute or litigation may be subject to amicable settlement by mediation using the online dispute settlement platform. To submit a dispute to the consumer ombudsman, the Client can complete the form on the online dispute settlement platform by clicking here.
If any of the provisions of these Terms is declared invalid by a court of competent jurisdiction, that provision shall cease to apply, without effecting the other provisions 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 any dispute arising from these Terms to the exclusive jurisdiction of the French courts.
Last modified: September 25, 2019
or Contact us on
United Kingdom: +44 20 3608 8136
United States: +1 646 741 5259