Terms and Conditions of Sale (T&Cs) – English Version

1.1. These Terms and Conditions of Sale ("T&Cs") govern the sale of email deliverability audit services provided by AuditEmailPro (the "Provider") to its clients (the "Client").

1.2. The services are primarily intended for business customers (B2B). If a consumer within the meaning of the French Consumer Code purchases a service, the mandatory provisions of that Code apply in addition to these T&Cs.

1.3. Any order implies full and unconditional acceptance of these T&Cs, to the exclusion of any Client terms. In the event of conflict, the Offer / Order Summary / Checkout Recap accepted by the Client prevails, then these T&Cs.

1.4. The T&Cs are available at any time on the website and are binding as soon as they are accepted by ticking the box at checkout.

2.3. The exact scope appears in the Order Summary. Any request outside that scope will be subject to a separate quote.

3.1. Order. Orders are placed exclusively online at auditemailpro.com, after providing required information and accepting the T&Cs.

3.2. Prices. Unless stated otherwise, prices are shown in euros, exclusive of VAT (excl. VAT); French VAT at 20% is calculated and displayed before checkout. The gross amount (incl. VAT) appears in the recap and on the invoice. (If a page displays a tax-inclusive price, it includes 20% VAT.)

3.3. Payment. Payment is immediate by bank card via Stripe (secure payment processor). Card data are not stored by the Provider. The order is validated once Stripe confirms payment.

3.4. Invoicing. A compliant invoice is sent by email. If billing details are incorrect, the Client undertakes to correct them without delay.

4.2. Delivery. The report and recommendations are delivered by email (PDF) and/or via secure online access to the address provided at checkout.

4.3. Client cooperation. The Client must provide accurate information and cooperate (read-only DNS access, technical contacts, etc.). Otherwise, lead times will be adjusted without liability for the Provider.

5.2. No result guarantee. No guarantee is given that emails will reach the primary inbox.

5.3. Liability cap. In all cases, the Provider's aggregate liability is capped at the price paid (excl. VAT) for the specific service at issue. Indirect damages (loss of revenue, data, reputation, etc.) are excluded.

5.4. Force majeure. Pursuant to Article 1218 of the French Civil Code, the Provider is not liable where performance is prevented by an event that is irresistible, unforeseeable and external (e.g., widespread outages of third-party services, major routing incidents, generalized DNS operator downtime).

5.5. Late-payment penalties (business clients). If payment is late, statutory late-payment interest applies automatically, together with the €40 fixed recovery fee (Art. L441-10, French Commercial Code).

6.1. The reports, methodologies, scripts, tools and templates developed by the Provider remain its exclusive property.

6.2. The Client is granted a personal, internal and non-commercial right to use the deliverables for its organisational needs. Any reproduction, distribution, transfer or disclosure to third parties beyond that scope requires the Provider's prior written consent.

6.3. The Client warrants that requesting the service does not infringe third-party rights.

7.1. Controller. The Provider processes data necessary to manage orders and perform the services: identity/contact, billing details, technical data related to the analysed domain (DNS, reputation). Legal bases: performance of a contract (Art. 6-1-b GDPR) and legitimate interests (security, traceability).

7.2. Retention. Technical audit data are kept for the time needed to provide the service, then deleted within 30 days after delivery, unless the Client opts for 6-month monitoring. Billing data are retained in line with accounting and tax obligations.

7.3. Processors & transfers. The Provider may use processors such as Stripe (payments), hosting providers, and productivity tools, each providing appropriate safeguards.

7.4. Data subjects' rights. Access, rectification, erasure, restriction, objection, and portability may be exercised at contact@auditemailpro.com. A complaint may also be lodged with the CNIL.

7.5. Confidentiality. The Client's non-public information (configurations, audit results, metrics) is confidential and used solely to perform the services. A separate NDA can be signed on request.

8.1. For a consumer, the 14-day withdrawal right (Arts. L221-18 et seq.) does not apply to services fully performed before the end of that period, where performance has begun with the consumer's express prior consent and express waiver of the right of withdrawal (Art. L221-28 1° French Consumer Code).

8.2. In all cases, as the service is fully digital and customised, the consumer acknowledges that the right of withdrawal will be lost when the audit starts, subject to such express consent and waiver.

(For business Clients, no statutory withdrawal right applies.)

9.1. Any complaint must be sent by email to contact@auditemailpro.com quoting the order reference.

9.2. Consumers only. After a prior written request, and failing a solution within 30 days, the consumer may refer the matter to a consumer mediator. Details of the competent mediator will be provided on request and/or in the Legal Notice. The consumer may also use the EU Online Dispute Resolution (ODR) platform.

11.1. Before performance. Any cancellation must be notified in writing. If the Client cancels after order validation but before work starts, the Provider may retain up to 20% of the price to cover incurred costs (or invoice the actual work already performed if higher).

11.2. After start / after delivery. Amounts paid remain earned by the Provider.

11.3. The Provider may terminate for material breach by the Client (repeated delays, inaccurate information, non-payment) after a written notice of default remains unremedied for 8 days.

15.1. These T&Cs are governed by French law.

15.2. In case of dispute, the parties will first seek an amicable resolution.

15.3. Jurisdiction. Failing agreement, the courts of Paris shall have exclusive jurisdiction, including interim relief and in case of multiple defendants.

15.4. The reference language is French; any translation is for convenience only.