B2B terms

1. Provider and scope

The provider is Earl Flanagan, trading as Professional English Services (PES). These terms apply to the First Impression Audit and other services unless otherwise agreed in text form. Individual agreements take priority.

2. Service

The First Impression Audit is a professional analysis of one English-language sales asset, such as a webpage, sales deck or outbound message. It covers first-impression signals, clarity, relevance and credibility, specific rewrite examples, and a prioritised list of recommended next steps.

A complete rewrite, technical implementation, publication, legal, tax or management advice, and review of additional assets are not included unless expressly agreed.

3. Contract and business status

Ordering and payment take place through Gumroad. The product description displayed at the time of purchase supplements these terms. PES may request reasonable evidence of business status. If a buyer is acting as a consumer, PES may reject or discontinue the order and arrange reversal through Gumroad.

4. Price and payment

The First Impression Audit costs €199 unless the product page expressly states otherwise. PES applies the German small-business VAT exemption under Section 19 UStG and does not show German VAT on its own invoices. Payment processing, available payment methods and transaction-related information are additionally governed by the Gumroad terms shown during checkout.

5. Customer cooperation

The customer supplies the asset in a usable format and identifies the target audience, commercial objective and relevant context. The customer confirms that it has the rights required to provide the material for review. Delays caused by missing or incomplete information extend agreed deadlines accordingly.

6. Start, delivery and review

Work begins once payment and complete working materials have been received. Delivery timing follows the product description displayed at purchase or a later agreement in text form. A date is binding only when expressly confirmed. The customer should promptly identify any factual error or departure from the agreed scope. Additional assets, new objectives and extended rewriting are separate services.

7. Confidentiality and use

PES treats non-public customer material confidentially and uses it only to perform the engagement unless otherwise authorised. After full payment, the customer receives a non-exclusive, perpetual, worldwide right to use the customer-specific audit results internally for business purposes. Rights in customer-supplied material remain with the customer.

8. Cancellation and refunds

Consumer withdrawal rights do not apply to these business-only contracts. Cancellation may be requested in text form before work begins. Any refund is assessed in light of work already performed, incurred costs and the payment and refund rules applicable through Gumroad. Statutory rights concerning non-performance or defective performance remain unaffected.

9. Customer responsibility

PES provides communication and sales recommendations. The customer remains responsible for use, publication and commercial implementation. PES does not guarantee revenue, market entry, contracts or any other specific commercial result.

10. Liability

PES has unlimited liability for intent, gross negligence, culpable injury to life, body or health, and mandatory statutory liability. For a slightly negligent breach of an essential contractual obligation, liability is limited to the type of loss reasonably foreseeable when the contract was made. Liability for other slight negligence is excluded to the extent permitted by law.

11. Law and jurisdiction

German law applies. Where the customer is a merchant, legal entity under public law or public-law special fund, the business location of PES is agreed as the place of jurisdiction to the extent permitted by law. Mandatory places of jurisdiction remain unaffected.

12. Final provision

If any provision is or becomes ineffective, the statutory provision applies in its place. The remaining provisions remain effective.