Online User Terms and Conditions
The below French Wordsmith Online User Terms and Conditions (T&Cs) apply when purchasing on-line learning resources or meetings (a ‘Power-hour’ or ‘Two-hour Info-review’) from www.frenchwordsmith.fr
These T&Cs are the terms of business upon which you retain online products and/ or services of Jenifer Smith Enterprise Individuelle (EI), trading as French Wordsmith, except to the extent that changes are otherwise expressly agreed in writing.
Where you are a client of French Wordsmith, that is, you have completed and submitted a client form and an Acknowledgement and Agreement form engaging the services of French Wordsmith to complete a task or set of tasks, or an ongoing basis, then please note that these terms do not apply. Instead, please refer to the French Wordsmith Client Services Terms and Conditions.
If you are in any doubt about the terms that apply to you or you have any questions or concerns, please speak to Jenifer Smith, EI.
ABOUT FRENCH WORDSMITH
Your agreement is with Jenifer Smith EI, trading as French Wordsmith whose business registration number (SIRET) is 504 587 924 00011.
French Wordsmith is the trading name for the communication services and products that I, Jenifer Smith, EI, provide (translation, administration support, learning resources, meetings and copywriting), and my principal place of business is at 4 Monterban 86430 Adriers FRANCE.
SCOPE OF WORK AND CHARGES
Learning resources
Learning resources purchased via the website www.frenchwordsmith.fr are purchased at the cost advertised on the website, and the rules governing charges and refunds are as per French law as follows:
Due to the nature of the learning resources as digital content, once purchased, refunds are not available; as stated under French consumer law (except at the discretion of French Wordsmith*), see www.service-public.fr/particuliers/vosdroits/F10485
The relevant clause is:
Toutefois, le droit de rétractation ne s'applique pas aux achats suivants :
Contenu numérique fourni sur un support immatériel et contrat d'abonnement à ces prestations dont l'exécution a commencé avec votre accord et pour lequel vous avez renoncé à votre droit de rétractation (par exemple, un film téléchargé)
PLEASE TAKE CAREFUL NOTE that while every care has been taken in compiling each guide or learning resource, they cannot provide exhaustive information for every case. If in doubt, do take steps to clarify any complexities and seek updated information, for example, using the French government sources of information provided in the resource.
Power-hour meetings and Two-hour Info-Review meetings
The cost for a Power-hour’ meeting is fixed at 75 euros, payable when booking.
The cost for a Two-hour Info-Review meeting is fixed at 140 euros, payable when booking.
Once purchased, the cost of either a Power-hour meeting or a Two-hour Info-Review meeting cannot be reimbursed. However, should you be unable to attend on the time chosen, you can amend the time or date online up to 24 hours in advance of the appointment. You are not entitled to amend after this time.
French Wordsmith reserves the right to reschedule appointments: from time to time, due to circumstances beyond my control, I may need to cancel your chosen appointment and request that you book another one in its place. I will endeavour to avoid this and offer additional time slots if possible.
It is an important responsibility of yours to provide me with accurate and complete information and documentation that you want me to look at in the meeting and I will not be liable to you for any losses caused by false, misleading or incomplete information or documentation. I do not provide legal, accounting or tax advice nor regulatory advice. Such advice is expressly excluded from my scope of work. I can introduce you to specialist advisers if requested by you.
COPYRIGHT
All guides and learning resources are owned and copyrighted by Jenifer Smith© EI, French Wordsmith© Any illegal copying or distribution to third parties will result in a claim made against the individual or business.
The price for each guide and learning resources is a fraction of the time and cost taken to research and write them so sending the resources in whole or in part to a friend or other third party (in the private or public domain) is an infringement of French Wordsmith rights.
CONFIDENTIALITY, DATA PROTECTION AND PRIVACY
The information provided by you to me is kept confidentially. I respect your privacy and I am committed to protecting your personal data. I am subject to the data protection legislation applicable to France from time to time; You are a data subject in relation to the personal data you give me and I am the data controller for the purpose of providing my services to you.
I only collect, use or share your personal data for the purpose of providing the services you have engaged me to perform. It will only be disclosed by me to those it is reasonably necessary to disclose to in order to perform those services, whether to the appropriate French authority, or any to other third party; or as is otherwise required in order to undertake the work - Please do inform me of any sensitivities regarding such disclosure.
Please do note that I do not grant, give or impose any obligations on me that is not granted given or imposed by the data protection legislation itself.
LIMITATION OF LIABILITY
Your attention is drawn particularly to this section:
LIABILITY CAP
You agree that, subject to the provisions appearing below under the heading ‘Exclusions’, my total liability in respect of any claim by you arising directly or indirectly from the learning resource/s purchased by you, or from the services provided in any Power-hour meeting or Two-hour Info-review meeting purchased by you, under these terms of business and all losses arising in relation to such claim, shall be limited to the fees paid by you to me for the resource/s or the services I provide to you.
EXCLUSION
l do not exclude or in any way limit my liability for death or personal injury caused by my negligence, or for fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by law but, subject to these exceptions, I exclude all liability for any of the following:
loss of profits;
loss of sales or business;
loss of rent;
loss of agreements or contracts;
loss of anticipated savings;
loss of damage to goodwill;
loss of use or corruption of software, date or information; and
any indirect or consequential loss.
THIRD PARTY RIGHTS
No person other than you shall have any rights to enforce any term of your agreement with French Wordsmith.
DISPUTES AND MEDIATION
As required by French law, please note that in the unlikely event of a dispute or legal issue arising from these terms of business or from the products or services that I provide, French Wordsmith provides clients, free of charge, the use of a neutral third-party mediator with the aim of finding an amicable solution without recourse to the courts. Clients are not obliged to use this service.
Here are the details of the relevant laws and instructions on how to access the mediation service:
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, Jenifer SMITH EI, trading as French Wordsmith, has set up a consumer mediation service. The mediation entity retained is: CNPM - MEDIATION – CONSOMMATION. In the event of a dispute, you can file your claim on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT-CHAMOND
The relevant French text of this consumer protection regulation is as follows:
Conformément aux articles L.616-1 et R.616-1 du code de la consommation, Jenifer SMITH EI (French Wordsmith) a mis en place un dispositif de médiation de la consommation. L'entité de médiation retenue est : CNPM - MEDIATION - CONSOMMATION. En cas de litige, vous pouvez déposer votre réclamation sur son site : http://cnpm-mediation-consommation.eu ou par voie postale en écrivant à CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT-CHAMOND
For more information, see: https://entreprendre.service-public.fr/vosdroits/F33338
Jenifer Smith EI / www.frenchwordsmith.fr / jenny@frenchwordsmith.fr
4 Monterban, 86430 Adriers / Fr: 06 79 85 58 84 / Skype: Jenifer1167
SIRET 504 587 924 00011 / MMA Professional liability insurance