Terms and Conditions of Use

Translation Service

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 languages in question, the Author undertakes to preserve as much as possible the general spirit, organisation of information and type of vocabulary used in the original text.

Proofreading Service

The Proofreading Service allows the Client to submit contents to an Author in order for the Author to correct any mistakes. Proofreading concerns the vocabulary, grammar, spelling, punctuation, structure, style and syntax used. If required, the Client may 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.

Copywriting Service

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. The Author undertakes to produce completely original and unique content and not to plagiarise any other content for any reason whatever.

Initial Request (briefing)

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”).

2. Copywriting Service

For each project, the Author is provided with a number of criteria to guide the assignment.

It is understood that:

• The expected number of words should be understood to include a margin of +/- 10% (for an order for 500 words, you can deliver a text of 450 to 550 words). A maximum or minimum number of words may also be requested which must always be strictly respected.
• The “Keywords” option allows the Client to provide a series of words or expressions which you must incorporate into the Content with a specific frequency. You undertake to respect the Client’s Initial Request, taking into account the general understanding of the text.

3. All Services

The Author undertakes to provide a high-quality Service in line with the Client’s Initial Request.

Order Rules

The Author undertakes not to:

• produce a text that could infringe the universal or individual rights of a legal entity or natural person;
• produce Content containing libellous or insulting words against a legal entity or natural person, living or dead;
• provide Content that is contrary to morality, which supports violence, hatred or racism or which is considered illegal or contrary to public order;
• provide Content that is erotic or pornographic (unless in response to a specific request from the Client, which must be completely in line with your morality or personal and religious considerations);
• translate works (e.g. a book);
• express unpleasant or libellous opinions.

External links and Content

You acknowledge that you are solely liable for the use of the documents and information which the Client attaches to its project on TextMaster (collectively, the “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.

Deadline for completing Services

Once you have accepted a brief, you have a variable deadline to deliver the Content to the Client. The deadline is indicated on each presentation brief. Once that deadline has passed, the brief is removed from you and everything you have potentially done for it is permanently deleted. However the deadline may be postponed if a dialogue is established with the Client or TextMaster support specifying the reason.

TextMaster reserves the right to remove any assignment from the Author, without remuneration, if the Author fails to comply with the deadlines agreed or the expected quality of the service.

Allocation of Authors

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 (“Basic”, “Standard” and “Enterprise”).

These Terms are concluded on an intuitu personae basis and the Author undertakes personally to perform the Services. Consequently, he/she may not totally or partially subcontract their performance to any third party, under penalty of damages.

Content Approval

The Client has seven calendar days from the submission of the Content by the Author to check compliance with its Initial Request. That period may be increased to 14 days if specifically agreed between TextMaster and the Client.

In the absence of acceptance within that deadline, the Content submitted by the Author shall be considered to have been accepted by the Client. In some cases a Client may not have been able to check the Content within the deadline, however. Where relevant, the Author undertakes to carry out the Client’s modification requests, even if the Content has already been automatically approved.

If the Client believes that the submitted content does not fully meet its expectations, it may request the Author to revise it. In that case, the Client undertakes to be as specific as possible in its communications with you to facilitate the revision of the Content. The number of revision requests is unlimited and the Client may contact the Author as long as it is not completely satisfied and the Author considers the requests to be reasonable.

In the event of a revision request, the Author is put in direct contact with the Client via an internal TextMaster messaging system. In respect of these communications, it is understood that:

• the Author is formally prohibited from seeking in any way to obtain the Client’s contact details in order to contact it outside the environment provided by TextMaster, under penalty of having its account permanently deleted with total loss of accumulated earnings and legal action for damages;
• TextMaster has unrestricted access to the discussions at all times, to decide on moderation or check the smooth functioning of the process between the Client and the Author.

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 the moderator considers that the Client’s refusal is justified, the Service is withdrawn from the Author and the order is immediately allocated to a new Author;
• if the moderator rejects the Client’s request, the Content may be considered approved or the moderator may ask the Author to make some changes so that the Content corresponds to the Client’s Initial Request.

If you consider that the Client’s revision requests are unfounded in relation to the Initial Request, you may request intervention by a moderator. That third party will analyse the Client’s Initial Request, the Content produced and the various exchanges and revisions.

• if the moderator considers that the Author’s request is justified, the Content is automatically considered to be correct without the Client being able to make any further objection;

if the moderator considers that the Client’s revision requests are justified, you are obliged to resume your work as an Author until the Client is fully satisfied (providing it continues to correspond to the Initial Request).

Confidentiality Obligation

As Author, you are subject to a strict and comprehensive confidentiality agreement. This applies to the very existence of the Service supplied to the Client, as well as the Content and discussions with the Client.

The information exchanged between the Parties and/or between TextMaster’s Clients and the Author is strictly confidential.

The Author undertakes, throughout the duration of its relations with TextMaster and for a period of five (5) years from the end of its relations with TextMaster and/or from the date of communication of the documents by Clients, to ensure the strictest confidentiality and vouch for compliance with this confidentiality obligation in respect of any other party.

The Author therefore undertakes never to transmit or reveal any information supplied directly or indirectly by the Client to any other party.

TextMaster shall commit all necessary and sufficient resources to protect its interests if an Author breaches this confidentiality commitment and the Author undertakes to pay TextMaster damages of fifty thousand euros (€50,000) if it breaches this clause.

The Author also undertakes never to claim authorship of the Services on behalf of the Client nor use its brand, logo or any other element of the Client’s intellectual property.

This confidentiality obligation does not apply to the production of any information relating to an administrative or judicial request or a request from any competent authority.

Anonymity

The entire TextMaster system has been designed to prevent you identifying the Client at any time. You are responsible for maintaining the anonymous nature of all Content and discussions between you and Clients.

If an Author attempts to contact a Client to offer its services directly or to communicate its personal or professional contact details, the Author undertakes to pay TextMaster compensation of five thousand euros (€5,000) per breach.

General points

1. Prices

TextMaster adopts the principle of payment per word calculated based on the Client’s order. The word is the calculation unit used on TextMaster.

The per-word value is indicated for all assignments offered by TextMaster, before acceptance by the Author. Acceptance of an assignment at the price indicated implies the Author’s irrevocable acceptance of the price offered.

2. Reference currency: Euros

The TextMaster reference currency is Euros (€).

TextMaster offers a multi-currency system that allows registered Authors registered on local versions to be paid 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 Authors.

3. Payment terms

It is impossible to use or recover earnings on a site other than TextMaster or one of its affiliates or partners. Only TextMaster is authorised to pay you your earnings at the price in force on the TextMaster Website.

You may request payment of your earnings at any time, once you account has a balance of more than €50.

The Author must have a PayPal/Payoneer/Payoneer account to receive its earnings.

TextMaster is not responsible for payment charges applied by PayPal/Payoneer.

The Author grants TextMaster the right to generate the supporting invoice automatically on its behalf. TextMaster shall generate an invoice corresponding to each payment of earning on behalf of the Author.

4. Offsetting

The Author 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 Author. It explicitly undertakes to accept the principle of withholding on its earnings in the event of a complaint by a Client regarding the quality of the Content provided or non-compliance with the Initial Request, if justified.

5. Expiry of earnings

If the Author fails to request withdrawal of its earning within 36 months following payment of its earnings to its account, they shall definitively expire without the possibility of appeal by the Author.

Registration and Tax

The Author declares that it has the capacity to issue invoices and is compliant with legal and tax provisions in its country of residence. It therefore undertakes to make the relevant social security and tax declarations to the competent authorities in its country of residence.

The Author shall compensate TextMaster for all costs, expenses (including all legal costs such as lawyers’ fees), losses, damages and other liabilities (of any kind whatever) suffered or incurred by TextMaster and resulting from any complaint and/or procedure initiated due to a failing by the Author in the obligations, representations and warranties defined herein.

The Author therefore undertakes to:

• register with the trades register in its country of residence and acquire a registration number, according to applicable legislation in its place of residence or, where relevant, to guarantee TextMaster of its capacity to issue invoices without registration according to the legislation in its country of residence;
• supply TextMaster, on first request, with declarations relating to payment of its social security charges and taxes relating to its earnings, under penalty of freezing of its accounts and payments by TextMaster.

In the event of non-compliance by the Author with these two obligations, the Author explicitly acknowledges that TextMaster may not proceed with payment of the amounts owed to it.

Furthermore, in the absence of communication of these documents within three (3) months

from TextMaster’s first request, the Author explicitly acknowledges that its earnings shall be definitively lost.

Documents to be provided by Vendor

Self-billing agreement

The Author (whether a legal entity or a natural person) explicitly authorises TextMaster to generate and issue invoices in its name and on its behalf, stipulating the amount of commissions repayable to it in respect of each withdrawal of earnings made with TextMaster.

This agreement shall come into effect from acceptance of this agreement by the Author for the duration of the Services provided with TextMaster.

An original of each invoice generated by TextMaster on behalf of the Author shall be retained by TextMaster.

The Author undertakes to provide TextMaster with all the tax stipulations required by legislative and regulatory texts in order to generate invoices for the sums to be received by the Author in respect of the Services provided with TextMaster.

The Author retains full responsibility for its invoicing obligations and the VAT implications.

In particular, the Author undertakes to:

• declare and pay to the Treasury the tax indicated on the invoices drawn up in its name and on its behalf;
• immediately request a duplicate of the invoice if it has not received it within ten (10) days from its due date;
• notify TextMaster, as soon as possible, of any change to the information concerning identification of its company, its tax status and/or the mandatory stipulations referred to above.

The Author also undertakes to:

• notify TextMaster, as soon as possible, of any option or waiver of the option to pay VAT, as soon as it occurs,
• keep a copy of the invoice sent to it in its own accounts;
• accept responsibility for all disputes arising with the authorities in its respect, with TextMaster being held harmless;
• Each invoice shall be deemed to have been definitively approved and accepted by the Author unless challenged in writing within one (1) month from the date it is received;
• In that case, only principal may issue an amended invoice;
• If the Author is based outside France, it explicitly declares that this invoicing agreement complies with invoicing rules in the State or Territory in which it is based.

Value Added Tax

TextMaster is a French company. 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 Author in relation to the application of VAT. You may therefore be required to send us, on request, various documents enabling us to authenticate your Author account.

The Author 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 earnings acquired by the Author or prosecution of the Author in question before the relevant authorities.
It should be noted that TextMaster reserves the right to change this rule linked to Value Added Tax in response to French and European regulatory changes, particularly in relation to copyright.

Absence of employment contract

Use of TextMaster does not in any way constitute a form of employment contract. The Authors explicitly acknowledge that they are independent service providers and that consequently they remain independent in the management of their time and their obligations and that they are free to accept or reject the assignments offered by TextMaster.

Social security, legal and tax declarations must be made by the Author according to the laws and legislation applicable in its country.

Autonomy of the parties

1. Absence of affectio societatis

The Parties explicitly record and agree that their collaboration does not constitute affectio societatis. It does not represent in any way a de facto or de jure company. The Parties undertake not to lead third parties to believe that any particular structure, and in particular a company, may exist between them. Each of the Parties undertakes to respect the identity of the other Party and to take all necessary steps to avoid any risk of confusion between them.

2. Economic independence

The Author explicitly acknowledges that TextMaster reserves the right to terminate all relations with the Author immediately and without prior notice.

The Parties are completely autonomous and independent of each other and are solely responsible for all decisions concerning their management. In particular, the Author agrees, for the duration of his/her contractual relations with TextMaster, to ensure that its client base is sufficiently diversified.

In order to avoid a situation in which the Author is economically dependent, the Author agrees, for the duration of commercial relations with TextMaster, to diversify its client base and to officially notify TextMaster by recorded-delivery letter should TextMaster account for more than 20% of its turnover.

At TextMaster’s request, the Author agrees to inform TextMaster of the proportion of its turnover generated with TextMaster.

In any case, the Author may not complain to TextMaster for having allowed a situation of economic dependence to develop through the implementation of these Terms.

Account closure at the Author's initiative

You may close your account at any time, by sending us a request via support.

In the event of account closure, the acquired earnings available in your account shall be paid to you, regardless of their amount, except in the event of fraudulent behaviour or violation of these Terms.

Account closure at the initiative of TextMaster

In the event of a breach of the Terms, failure to meet deadlines or to produce Content of the expected quality, inappropriate behaviour with a Client or general misuse of the Services, TextMaster reserves the right to suspend or even close the account of the Author in question. The acquired earnings available in the Author’s account may then be partially or totally lost, regardless of their amount, according to TextMaster’s assessment of the severity of the situation. The Author may also potentially be subject to legal proceedings and claims for compensation and damages, depending on the nature of the violation.

Account restrictions

In the event of recurring quality issues, TextMaster reserves the right to “restrict” the author’s account. This means it may limit the number of projects an author can accept at one time or the number of words per project. The author will receive an email notification to this effect from a project manager.