Terms and Conditions of Use

TextMaster is a website allowing individuals or professionals (hereinafter “Clients” or “Client”) to purchase services linked to website documents or contents (hereinafter the “Content”), more specifically to translate, correct or produce said Content (those services being referred to jointly as the “Services”) by authors selected by TextMaster (hereinafter the “Authors”).

TextMaster acts as intermediary between the Clients and the Authors who carry out the Services.

Use of the Services and Websites supplied by TextMaster (hereinafter “TextMaster”, “TextMaster.com”, “us”, “we” or “our”), by you (hereinafter “author”, “you” or “your”) is subject to these Terms and Conditions of Use (hereinafter the “Terms”) as well as the TextMaster Privacy Policy.

TextMaster and the Author are hereinafter collectively called the “Parties” and individually a “Party”.

Corporate Information

COMPANY NAME TextMaster

HEADQUARTERS  30 rue des Jeuneurs, 75002 Paris, France
RCS Paris 793 105 016
SHARE CAPITAL 998 650 euros
E-MAIL contact@textmaster.com
PHONE +33 9 72 53 96 39

PUBLICATION DIRECTOR Benjamin du Fraysseix

HOSTING PROVIDER : Amazon AWS Ireland
ADDRESS : One Burlington Plaza, Burlington Road, Dublin 4

Acceptance of Terms

Your registration for the Services offered by this website implies acceptance of these Terms. If you register on behalf of a company or other legal entity, you must be the legal representative or have the legal representative’s formal authorisation.

In case of non-compliance with these Terms or any other right held by TextMaster, we reserve the right to close your Author account and to take all necessary steps to preserve our interests.

TextMaster reserves the right to modify these Terms at any time. In that case, we will immediately post the new Terms online. Your use of the services offered by TextMaster after publication of the updated terms implies your full and entire acceptance of them.

This document is the English translation of the French version of the TextMaster Terms. In case of contradiction between the French text and one of the translations provided by TextMaster, the French version shall prevail.

Description of Services

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.

Use of the Services

Initial Request (briefing)

      1. Translation and Proofreading Service

The Client may submit a document, an extract from a database or free form text on TextMaster and add any explanations to guide the Author in his/her task (hereinafter referred collectively as the ‘Initial Request‘).

      2. Copywriting Service

For each project, the Author is given a certain number of elements to guide him/her in his/her task.
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). A maximum or minimum word count may also be requested and must be respected.
  • The ‘Keywords’ option allows the Client to indicate a set of words or phrases that you must integrate into the Content with a certain frequency. You agree to respect the Client’s Initial Request while taking account of the general comprehensibility of the text.

  3. All Services

The Author agrees to provide a high-quality Service that meets 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.

Payment and Invoicing

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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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

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.

Absence of employment contract and autonomy of the parties

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.

  1. 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.

Copyright and exploitation rights

The Author assigns to TextMaster, exclusively, irrevocably, without time limits and worldwide, the following rights over the Content produced for the Services of TextMaster.com and using its tools:

  • Reproduction rights: To create and distribute any copy of the work and, directly or indirectly, temporary or permanently, in part or in full;
  • Exploitation rights: To use, distribute, modify, translate, adapt, monetising, record, submit or exploit the Content in all current and future formats (websites, DVDs, publicity brochures, press releases, etc.);
  • Rights of communication to the public: To represent and exploit the text in any format (physical, digital, etc.), visible to anyone, anywhere, without restrictions, including on the internet;
  • Exclusive distribution rights: To authorise or forbid the distribution to the public, through sale or otherwise, of the original work or of copies thereof;
  • Rights of assignment and sale: To agree or refuse to sell, at its discretion, all or some of the rights relating to the Content;
  • Rights of temporary technical reproduction: To authorise the temporary, transient or ancillary distribution and reproduction of the Content;
  • Waiver of author rights: To mention the Author’s first name, last name, initial or any other element identifying the Author.

All assignments are deemed to be valid and irrevocable once TextMaster has paid the fee agreed with the Author, said payment being considered to be confirmed once the Client has approved the Content.

It is understood that the rights to and the source files for the translation memories and glossaries provided are assigned exclusively and irrevocably and that the Author shall refrain from subsequently using said translation memories and glossaries for its own purposes of those of its clients, other than on behalf of the Client that made the Initial Request, under penalty of damages.

TextMaster’s liability

TextMaster declines all liability for the Content produced, proofread or translated via its Services. If necessary, TextMaster shall transmit the details of an Author responsible for offensive Content to the competent authorities.

Access to the Services

You are not authorised to access the Service via an automated system. Monitoring, copying or diverting the use of the Service using robots, spiders or other automated data recovery systems of is forbidden without our formal written authorisation (exceptions are made for all search engines and not-for-profit public archiving systems). Creating accounts with robots or any other automated system is forbidden;

It is understood that an Author may connect to TextMaster anywhere and at any time. An Author is not subject to any technical or geographical constraints when using its abilities via the Services provided by TextMaster;
Access to projects offered by TextMaster’s Clients is on a “first come, first served” basis. When a Client posts a new project, it will be offered to the Authors whose profiles correspond to the Initial Request. The first to respond to the request shall then have the right to agree to provide the Service;

The Author must never use automated tools of any kind for producing, proofreading or translating any Content.

Account Closure and Suspension

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.

Author's liability

You undertake to indemnify, defend and discharge TextMaster, its employees, directors, subsidiaries and partner companies of any liability in the event of claims or disputes arising as a result of your failure to properly perform the Services or your violation of these Terms.

The Author shall be liable for all damage it may cause to TextMaster, its employees, directors, subsidiaries and partner companies and undertakes to indemnify TextMaster, its employees, directors, subsidiaries and partner companies for any direct or indirect damage or loss they may suffer due to the Author’s failure to comply with its obligations.

The Author shall therefore be obliged to indemnify TextMaster, its employees, directors, subsidiaries and partner companies for the direct and indirect consequences of any claims or actions of any kind whatsoever, whether civil or criminal, that may be brought or presented by a third party in relation to the Author’s poor performance of the Services or failure to comply with these Terms, without the Author being able to invoke any limitation of liability or any limit on compensation.

Personal data

In accordance with European and national legislative and regulatory provisions, particularly resulting from Regulation 2016/679/EU of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, amended French data protection law 78-17 of 6 January 1978 and its application texts as well as any other applicable regulation in that respect which is added to or replaces it (hereinafter “Data Protection Regulation”), Authors’ personal data is collected, for the purposes of the Author’s registration as such and is required by TextMaster, as data controller, in order to put Clients and Authors in contact. Registration Author cannot be completed if this compulsory data is not provided. The Author’s personal data shall only be retained for the duration of the contractual relationship, for promotional purposes, for a maximum period of three years following the end of the commercial relationship, except in the event of a legal archiving obligation or for evidential purposes or accounting obligations, for a period not exceeding the applicable statutory limitation periods.

The files are provided to TextMaster as well as any subcontractors employed by TextMaster for technical or logistical reasons.

Data may be transferred outside the European Union, particularly in the framework of our translation, localisation and interpretation activities or any other service provided. In that case, TextMaster shall put in place means to ensure the security and confidentiality of that data and that the transfer complies with the law, it being stipulated that if the recipient countries do not provide an equivalent level of data protection to that in the European Union, TextMaster undertakes to obtain all appropriate guarantees, either based on an adequacy decision or, in the absence of such a decision, based on appropriate guarantees concluded by sending a copy of binding internal regulations, standard contractual clauses adopted, the code of conduct or the certification mechanism duly approved by the competent authority.

In accordance with the Data Protection Regulation, the Author has the right to access, rectify, limit, delete and, where relevant, request the transfer of its personal data, as well as a right to object, potentially subject to legitimate and compelling reasons, to the processing of such data. Authors may also prepare instructions concerning how their personal data should be handled after their death. These rights may be exercised in their personal space on the website www.fr.textmaster.com by logging in using their email address and password entered at the time of registration. Finally, Authors have the right to submit a complaint to a supervisory authority.

Insofar as they are responsible for their own processing, Authors undertake to comply with their obligations resulting from the Data Protection Regulation.

Intellectual Property

TextMaster holds all the property rights relating to the TextMaster Services and the TextMaster website. No stipulation in these Terms gives you the right to use TextMaster’s trade names, trademarks, service marks, logos, domain names or any other of TextMaster’s distinctive signs.

You acknowledge that when you use the Services, you will use no brand, trade name, trademark, trade name or logo belonging to a company or organisation in such a way as to cause potential confusion, whether deliberate or otherwise, regarding the owner or license holder of those marks, names or logos.

Agreement on evidence

In accordance with article 1367 of the French Civil Code, by ticking the box to confirm that you accept these Terms, you acknowledge that your agreement constitutes an electronic signature in respect of TextMaster which has the same value between the parties as a handwritten signature.

More generally, you acknowledge that any document which has been subject to this procedure constitutes literal proof in the same way as any email exchanged between TextMaster and you (even outside such a procedure), such that any correspondence or agreement shall be legally valid in respect of the operation in question in the same way as those subject to a handwritten signature.

Unless otherwise proven, as recognised by a court, and email exchanged between TextMaster and you is enforceable not only mutually, but also in respect of any third-party beneficiary, with the same probative value as a paper document.

Miscellaneous provisions

TextMaster reserves the right to modify the Content and specifications of its Services at any time without notice.

You agree to receive emails from TextMaster, at the email address you provided at the time of your registration. You may change that address or object to receiving marketing communications at any time via your user interface.

You agree to be solely responsible for any activity on your account, and you agree to comply with the legislation in force as part of your use of the Services.

You agree not to copy, modify or create a derivative work, decompile, reverse-engineer or attempt in any other way to extract the source code of all or part of the Services, without having first obtained TextMaster’s explicit consent.

In the framework of the company’s transfer to a third party, agreements between TextMaster and its Authors shall be automatically transferred to the transferee, providing TextMaster first notifies the Authors pursuant to article 1216 of the French Civil Code.

If any of the provisions of these Terms is declared invalid by a court of competent jurisdiction, that provision shall cease to apply, without effecting the other provisions of the Terms, which will retain all of their force and scope.

In the event of a dispute relating to application and/or interpretation of these Terms, the Author has the option of entering into contractual mediation proceedings or any other form of alternative dispute resolution.

These Terms are governed by French law. You and TextMaster agree to submit any dispute arising from these Terms to the exclusive jurisdiction of the French courts.

“TextMaster” is the property of TextMaster SA, 30 Rue des Jeuneurs, 75002 Paris, France. Please contact us with any questions regarding these Terms.

 

 

LAST MODIFIED: MAY 25, 2018