Key Metaphrase operates 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 Key Metaphrase (hereinafter referred to as ‘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 Key Metaphrase’s Privacy Policy.
Key Metaphrase and the Client are hereinafter collectively referred to as the ‘Parties‘ and individually as ‘Party‘.
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 Key Metaphrase, we reserve the right to close your Client account and to take all the measures necessary to safeguard our interests.
Key Metaphrase 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 Key Metaphrase following the publication of the updated Terms will constitute your full acceptance of said Terms.
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:
1.Translation and Proofreading:
The Client may submit a document, an extract from a database or free form text on a Key Metaphrase website and add any explanations to guide the Author in his/her task (hereinafter referred collectively as the ‘Initial Request‘).
The Client expressly acknowledges that Key Metaphrase’s price is based on the word count estimated by Key Metaphrase 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
Key Metaphrase 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, Key Metaphrase may charge a supplement, which the Client undertakes to pay unconditionally.
If payment is not received within the agreed period, Key Metaphrase 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 Key Metaphrase.
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 Key Metaphrase be held liable by a third party following a violation of one of these prohibitions by the Client, the Client undertakes to indemnify Key Metaphrase.
Key Metaphrase 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 Key Metaphrase 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 Key Metaphrase (collectively referred to as ‘External Content’ and ‘External Links’).
Given the quantity of information exchanged, Key Metaphrase 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 our 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. Key Metaphrase reserves the right to modify these regulations at any time and without prior notice.
In addition, Key Metaphrase 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.
Key Metaphrase 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.
Key Metaphrase 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 Key Metaphrase.
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, Key Metaphrase makes no commitments on Service completion times.
The completion times given on the Key Metaphrase 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 Key Metaphrase can make no firm commitment.
On the other hand, Key Metaphrase agrees to do everything in its power to satisfy the Client’s request within the shortest possible time period.
AUTHOR ALLOCATION
Key Metaphrase 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, Key Metaphrase 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 Key Metaphrase internal messaging system. It is understood, as regards these exchanges, that:
- in accordance with 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 Key Metaphrase platform;
- Key Metaphrase 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.
CONFIDENTIALITY
Key Metaphrase will make every effort to ensure the confidentiality of your Content.
All of Key Metaphrase’s Authors are bound by a confidentiality agreement.
In addition, the Key Metaphrase platform is secured by a digital certificate (SSL certificate), which authenticates users and encrypts exchanges via an identification key.
2.Currency of reference: the Euro
Key Metaphrase’s currency of reference is the Euro (€).
3.Payment Methods
You may pay Key Metaphrase invoices by secure bank debit or credit card by our PCI-DSS compliant payment processor.
You can then launch your projects on Key Metaphrase using purchased or gifted credits:
Purchased credits:
Key Metaphrase 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 Key Metaphrase 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 Key Metaphrase.
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 Key Metaphrase.
It is not possible to use credits on a site other than Key Metaphrase 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.
Key Metaphrase 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 Key Metaphrase 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.
Payment Terms
TextMaster invoices are payable upon receipt or by the deadline agreed with Key Metaphrase.
For any sum that is not paid by the agreed date, Key Metaphrase 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.
VALUE ADDED TAX
Key Metaphrase is a UK 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.
Key Metaphrase 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, Key Metaphrase 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.
Freezing and Closing Account
CLOSING YOUR ACCOUNT
You may close your account at any time, by sending us your request via the contact us page.
A request to close an account is only considered valid if it is sent via the contact us page.
Under no circumstances may you request to be refunded for the value of credits still available on your Key Metaphrase account at the time of closing your account. These credits will be lost permanently.
FREEZING AN ACCOUNT
Should it suspect fraud, Key Metaphrase 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 Key Metaphrase cannot be held responsible for failure to meet Service completion times.
CANCELLATION & DELIVERY POLICY INCLUDING SPLIT TERMS OF SHIPMENT
Cancellations. A customer can cancel any order if the project has not yet been engaged by a Translator. It is not uncommon for an order to be engaged by a Translator immediately after the Order is placed. To attempt to cancel an order, the customer must contact our customer support directly at info@keymetaphrase.com with details of your order to inquire if the order can be cancelled. If the order has been picked up by a Translator, the order cannot be cancelled and there will be no refund of credits.
Delivery of Translated Works. Key Metaphrase cannot guarantee that a particular Translator or that any Translator will choose to engage on your order. If the order is completed by a Translator, Key Metaphrase will return the works to Customers according to the quality level specified in the order.
Key Metaphrase gives an estimated time for Service completion, but cannot guarantee an exact delivery time. We will email you when the translated works are ready for your review. Unless otherwise expressly agreed by Key Metaphrase, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery.
Split Shipment Policy
The split shipment option enables customers to receive different items on a single order as soon as they become available. This implies that we will have to ship your whole order with multiple shipments, which may lead to extra shipping costs, we will try to consolidate your order into as few shipments as possible. Should we require to ship items separately we will contact you via email or telephone to verify that you agree to this.
