Terms and Conditions (CGV)

This is an English-language courtesy translation. The French version of this page (Conditions Générales de Vente / CGV) is legally authoritative and governs in the event of any discrepancy.

Art. 1 — Scope

These terms apply to every contract for our copywriting services (sales & landing pages, email & lifecycle campaigns, website & brand messaging, SEO content & strategy, ad creative & VSL scripts, conversion audits & CRO retainers) between Profit Maker Copywriting SAS, 13 Rue Pasteur, 94200 Ivry-sur-Seine (“we” or “PMC”) and its clients, whether they act as a consumer within the meaning of the preliminary article of the French Consumer Code or as a professional (a natural or legal person acting for purposes within their commercial, industrial, craft, liberal or agricultural activity). Where a rule applies to only one of these groups, this is stated explicitly. Conflicting or deviating terms proposed by the client apply to us only after our express written acceptance. The essential characteristics of each service, its price, and the payment, delivery and withdrawal-right terms are communicated to the client before any order, per Art. L. 111-1 of the French Consumer Code, on the relevant package page and throughout checkout.

Art. 2 — Contract formation

(1) The packages shown at /services/ and /pricing/ are not a binding offer on our part but an invitation for the client to submit an order to us.

(2) This site’s checkout has six steps: 1 Contact, 2 Billing address, 3 Project details, 4 Payment, 5 Review, 6 Confirmation. At step 5 “Review”, the chosen packages, prices excl./incl. VAT, the applicable VAT and the total are summarised immediately before the order button. Clicking “Confirm order” is the client’s binding, payment-obligated offer to enter into a contract for the selected services.

(3) The contract is concluded once the confirmation page displays (step 6 “Confirmation”, /order-confirmed/), immediately after the order is validated. We reserve the right to decline an order within 2 business days where project scope or our availability needs clarifying first; in that case no amount is charged, or any amount already charged is refunded in full without delay.

(4) Booking a no-obligation strategy call through the contact form does not create a contract for a paid service; it is a non-binding scoping conversation.

Art. 3 — Description and scope of services

Scope, deliverables, the number of included revision rounds, and the estimated turnaround follow what is described on the relevant service page and the booked package at the time of order. Changes require a written record (email is sufficient).

Art. 4 — Client duties

The client provides the information, materials, access and feedback needed for delivery in good time, and bundles change requests into one consolidated round of feedback per revision round. Any delay on the client’s part shifts the agreed delivery date accordingly, without this being attributable to us as delay.

Art. 5 — Deadlines

Stated turnarounds (e.g. “3–4 weeks”) are estimates counted from complete receipt of the information and materials needed for delivery and, where agreed, from receipt of the first instalment under Art. 7. A binding date requires our explicit written confirmation.

Art. 6 — Revision rounds

Every package includes the number of consolidated revision rounds stated on the relevant service page. We ask for one bundled round of feedback per round rather than a rolling stream of individual edits — that’s what keeps the stated turnaround honest.

Art. 7 — Prices and payment terms

(1) All prices are shown in euros, excluding tax (HT), with the tax-inclusive (TTC) figure alongside. VAT at the applicable rate (currently 20%) is applied and shown automatically at checkout.

(2) If the client enters a valid intra-EU VAT number issued outside France at checkout, the reverse-charge mechanism applies (Art. 283-2 of the French Tax Code; Art. 196 of Directive 2006/112/EC): 0% VAT is then shown, with the legend “Reverse charge — Art. 283-2 CGI”. We check only the format of the number; if it later proves invalid, we correct the invoice and recover the French VAT due.

(3) Unless agreed otherwise, 50% of the package price is due on booking to secure the kickoff slot, the remaining 50% on delivery of the first draft. Retainer services are invoiced monthly, in advance.

(4) Revision rounds beyond the number included in the booked package are quoted separately before that additional work begins and billed only with the client’s agreement.

(5) Any payment not honoured by its due date automatically triggers, without prior notice, late payment penalties at an annual rate equal to three times the statutory interest rate, plus a fixed recovery indemnity of €40 (Art. L. 441-10 and D. 441-5 of the French Commercial Code), applicable to business clients. If actual recovery costs exceed this amount, further compensation may be claimed on production of evidence.

(6) The payment step in this site’s checkout currently runs on a demonstration payment path with no real charge taken; the terms of this Art. 7 apply regardless, to the ordinary course of business.

Art. 8 — Transfer of usage rights / copyright

(1) All texts we create are copyright-protected and remain ours until the agreed price is paid in full.

(2) On full payment, we grant the client the exclusive economic rights of reproduction and representation in the delivered texts, for the mode of exploitation, purpose, territory and duration stated in the booked package or, absent that, for the use described on the relevant service page (e.g. the website or campaign placement in question), in accordance with Art. L. 131-3 of the French Intellectual Property Code, which requires each right assigned to be separately specified as to its scope and purpose.

(3) Until full payment, all usage rights remain ours; using the delivered texts before full payment is not permitted and gives rise to a claim, in our favour, for a reasonable licence fee.

(4) We may cite the project as a reference in anonymised form (industry, market segment, result achieved, without the company name or other identifying detail), unless the client objects in writing.

(5) The author’s moral rights — including the right of attribution — cannot be assigned and always remain with the author, per Art. L. 121-1 of the French Intellectual Property Code.

Art. 9 — Confidentiality

Both parties treat all confidential business information exchanged in the course of the engagement (including strategy, revenue and customer data) as strictly confidential and use it only to perform the contract. This obligation survives the end of the contract.

Art. 10 — Statutory guarantee of conformity

Where the client is a consumer and the law makes it applicable to the service concerned, the statutory guarantee of conformity under Art. L. 217-3 et seq. of the French Consumer Code applies, in addition to, and without limiting, the contractual liability terms in Art. 11 below.

Art. 11 — Liability

(1) We are liable without limitation for wilful misconduct or gross negligence on our part, and under the rules on liability for defective products where they apply.

(2) For slight negligence in breach of a material contractual obligation — one whose performance makes proper delivery of the contract possible in the first place, and on which the client may reasonably rely — our liability is limited to the loss typical for and foreseeable at the time the contract was concluded.

(3) We are liable without limitation for slight negligence causing injury to life, body or health.

(4) Liability for slight negligence is otherwise excluded. The above limitations apply neither to loss arising from a defect concealed in bad faith nor to any guarantee we have expressly given.

(5) We give no guarantee of any specific increase in revenue, conversion rate or search ranking; results referenced on our site or in our sales materials are case examples from past projects, not a warranted characteristic of the booked service.

Art. 12 — Term and termination

One-off packages end on full delivery and full payment. Retainer services run on a monthly basis and either party may terminate with 30 days’ notice, effective at the end of the current month. The right to terminate for serious cause remains reserved.

Art. 13 — Consumer mediation

Under Art. L. 611-1 et seq. and L. 616-1 of the French Consumer Code, a consumer client may, in the event of an unresolved dispute with us, refer the matter free of charge to the consumer mediator we are affiliated with:

CNPM – Médiation de la Consommation 27 avenue de la Libération, 42400 Saint-Chamond, France cnpm-mediation-consommation.eu

The client must first send us a written complaint (email or letter); if no satisfactory response follows within a reasonable time, the client may refer the matter to the mediator within one year of that complaint.

Art. 14 — Governing law and jurisdiction

French law applies. For any dispute with a business client, exclusive jurisdiction lies with the Créteil Commercial Court, including where there are multiple defendants or a third-party claim. For any dispute with a consumer client, the statutory jurisdiction rules protecting consumers apply, which does not exclude the jurisdiction of the courts of Créteil or Paris. Should any clause of these terms be held invalid, the remaining clauses stay fully effective.