Version to May 18, 2018
The customer, legal person or natural person registered at the RCS (or to the national business directory or equivalent professional body) in a Member State of the European Union or in a State party to the European economic space, or in a country third party imposing obligations equivalent in terms of anti-money laundering and the financing of terrorism, acting on its behalf, exclusively for business purposes (commercial, industrial, craft or liberal),
hereinafter referred to as (e) the «» Holder «or «» Professional licensee »,
The customer, person physics resident in a Member State of the European Union or in a State party to the European economic area or in a third country imposing obligations equivalent in terms of the fight against money laundering and the financing of the terrorism, acting on its behalf exclusively for non-professional purposes,
hereinafter referred to as (e) the «» Holder «or «» Licensee consumer "on the one hand, d’une part, iSkyce Michel Klein 6 Rue Schelmenwasen - 67590 Schweighouse Sur Moder N° Siret :(392 736 104 000 28) - RCS 67000 Strasbourg - France - n° EORI : FR 39273610400028
MANGOPAY SA society anonymous under Luxembourg law, to the capital of 2,000,000 euros, whose headquarters is located 10 Boulevard Royal, L - 2449 Luxembourg and registered in the register of trade and companies of Luxembourg under the number B173459, authorized to exercise their activity in France in free establishment, as an electronic money institution accredited by the Commission of supervision of the financial sector, 283 L-1150 Luxembourg Arlon road. www.CSSF.Lu,
hereinafter referred to as the «» Provider ", on the other hand,.
hereinafter referred to as a 'part' separately or together the «» Parts ».
The licensee is invited to read carefully the present framework contract which has been provided by the platform before accepting. He is invited to download it on a durable medium. By default, communications with the providers are still carried out via the platform, in the manner provided in the General Conditions of the Site, except when a separate mode of communication is provided in the contract.
For the purposes of this agreement, the following terms are defined as follows:
"Authentication": designates the procedures defined by the platform in order to verify the identity of the holder or the validity of a payment order. These procedures include the use of the data of custom security and identification data.
« Strong authentication ': means the authentication procedures defined by the platform and meet the requirements of the European Directive 2015/2366 of November 25, 2015. This strong authentication includes elements for establishing a dynamic link between the Operation, the amount and the recipient.
'Banks '. : refer to the credit institutions in charge of protection of funds collected by the service provider on behalf of the holder. These funds are registered in its books on an account of cantonment opened for this purpose. Designated institutions are today ING Luxembourg and Credit Mutuel Arkea. The provider reserves the right to select any other authorized credit institution.
« Beneficiary ": means a person moral or physical, creditor of a payment transaction issued by the holder.
'Map '. : refers to the credit card, payment or credit used to transfer funds to a holder designated on its payment account opened in the books of the claimant. This card is attached to one of the following networks: Visa, Mastercard, CB.
"Payment account" or "account". : refers to the account of payment by the claimant to the name of the holder and used for the purpose of executing payment transactions. The account can in no case be assimilated to a deposit account. The account is denominated in the currency stated on the website when registering.
"Terms and conditions of the Site" : refer to the General conditions of use of the Site made between users of the Site and the platform, especially for access to the Site.
« Fare conditions ": refer to the financial terms agreed between the licensee and the platform, including the charges due under the present agreement.
"Framework agreement". : refers to the present General Conditions of use of payment Services, accompanied in the form of subscription and tariff Conditions, governing the use of payment Services and the management of the account of payment by the Claimant.
« Custom security data ": refer to the custom data provided by the platform holder for purposes of authentication. They include identification data, as well as possibly any other data related to the procedure of authentication or strong authentication.
"Identification data". : designates the ID unique and the owner password, allowing him access to his personal space.
« Personal data ': means any information relating to the individual holder, or a natural person in connection with the licensee Corporation (including a corporate officer, a beneficial owner, an authorized person), within the meaning of the 2016 European regulation / 679 with respect to the protection of the personal data.
« Personal space ': means the environment dedicated to the holder, which is accessible on the Site of the platform, allowing him to access his account of payment and to use payment Services.
« Subscription form ': means the form to be completed by all prospect wishing to subscribe to the payment Services, accessible on the Site during the registration or put at disposal by the platform.
"Business day". : means a calendar day except Saturdays, Sundays, and holidays in metropolitan France and the Luxembourg and any other day designated as such by the claimant.
« Means of payment ": refers to the means of payment other than the map, listed on the Site, and which the acquisition is proposed by the claimant on option. The incumbent active means of payment of his choice from his personal space.
"Payment transaction". : means a transfer periodic or one-time, ordered by the owner, or by any authorized representative for this purpose, coming to debit the payment account.
"Payment order". : refers to the instruction given by the holder to the claimant in accordance with the procedure laid down in the framework contract to complete a payment transaction.
"Payment page". : Refers to the secure page by the electronic payment of provider provider.
« Person concerned ': means the individual licensee or any person related to the licensee (including a corporate officer, a beneficial owner, an authorized person), whose personal data are processed in the context of the implementation of this Framework contract.
« Person authorized ': means any agent appointed by the holder in order to access the payment account and to use the Services of payment on its behalf.
"Platform". : means the entity, designated payment agent of the claimant, whose contact details are given in the terms and Conditions of the Site, which operates the Site. She prepares, facilitates and advises the prospects, with a view to the conclusion of the framework contract through its Site. She accompanies holders throughout their relationship with the service provider as part of their payment Operations. It collects documents necessary for opening the account. The platform does not collect the funds except for fees agreed to in the tariff Conditions.
"Claimant". : refers to MANGOPAY SA, issuing of electronic money accredited to Luxembourg by under reference n ° 3812 financial sector Supervisory Commission and empowered to exercise his activity in all Member States of the European Union. The provider is on the list of available on electronic money institutions www.CSSF.Lu/surveillance/EP-EME/Listes-officielles.
« Third-party payment service provider «or «» Third-party PSP ': means any establishment, other than the provider, licensed in a member country of the European Union or party to the European economic area, or in a third country imposing obligations equivalent in terms of the fight against money laundering and the financing of terrorism.
Customer service platform: means the service whose contact details are mentioned on the Site, from which the holder can obtain information related to the framework contract.
« Payment services ': means the services of payments defined in points 3 and 5 of the annex of the Luxembourg Act of 10 November 2009 payment services.
'Site '. : means the website operated by the platform of which the purpose is to sell goods or services to users or to collect funds from them, or to holders with users connecting.
« Durable medium ': means any instrument enabling the holder to store information addressed personally in order to refer later during a period of time suitable for the purpose for which the information is intended, and which allows the reproduction of the information stored. It is generally in the form of a PDF file.
"Holder." : means any person moral or physical acting for its own account and on behalf of which is open a payment account to use the Services of payment.
'User '. : means any physical or legal person having transferred funds to a recipient through the Site by using his card or any other means of payment accepted by the service provider to transfer funds.
The framework contract is intended to define the conditions in which the service provider provides the service holder of payment in return for compensation defined in article 11 hereof.
These payment Services include:
-l' opening and management of payment account,.
-to the credit of the account of payment: registration of the funds transferred by cards or any other means of payment accepted by the claimant; receipt of transfers.
-to debit the payment account: execution of one-time or recurring transfer operations, collection of fees due hereunder, the reversal of the transfer of funds by cards (or by any other means of payment).
The account will be no overdraft, any advance, credit or discount. The claimant does no service Exchange.
The claimant has mandated the platform to facilitate the conclusion of this agreement with each licensee and accompany them throughout their relationship with the service provider.
3. subscription to the services
3.1 terms of subscription
The framework contract is concluded at a distance, in the manner provided by the platform in the General Conditions of the Site. In order to conclude the contract online, the applicant must have equipment (hardware and software), which he is solely responsible.
By default, the acceptance of the contract is carried out remotely via the Site and is materialized by an electronic signature. The applicant has the opportunity to request to sign the contract by hand. For this purpose, it must print this agreement, sign it, and return it by electronic or mail to the Customer Service of the platform whose contact details are given in the terms and Conditions of the Site.
In case of a handwritten signature, the date of the conclusion of the framework contract is deemed be the date indicated on it and in the absence of date, be deemed to be the date of receipt of the contract by the platform.
The electronic signature of the framework contract is made through the Site. The date of conclusion of the contract is the date at which the applicant finalizes the electronic signature process which it is indicated on the Site.
The framework contract concluded between the Parties by electronic means has the same probative force as a framework contract on paper.
3.2. contract documents
The framework contract is made:
-available on the subscription form.
-tariff Conditions provided by the platform. These terms and Conditions of use of the Services of payment, as well as the fare Conditions, are made available to the holder on the website and are downloadable on durable medium. At any point during the contractual relationship, the holder may, if it does, receive these paper documents.
The claimant maintains access to the contract documents for a period of five (5) years from the end of the contractual relationship. The claimant will cease to provide this service to the expiry of the aforementioned five (5) years.
The service provider may condition the conclusion of this agreement to the provision of certification and additional information by the holder in order to validate its status under these conventions.
4. account opening
4.1. prior and necessary conditions to open account
Any physical person aged at least eighteen (18) years legally capable and any legal person, resident or registered in a Member State of the European Union or a State party to the agreement on the European economic area or in a third countries imposing equivalent obligations in terms of anti-money laundering and the financing of terrorism, may transmit a request to open an account on condition that the individual be referenced on the Site as of consumer or professional. The Corporation may not be referenced as a professional.
The licensee stated at the time of his application to the platform and for the duration of the framework contract:
-It is aged at least 18 (eighteen) years old and legally capable or is it regularly
constituted in the form of a company,
-that is for its own account;
-that all the information provided during registration are true, accurate and up-to-date.
4.2. registration and account opening procedure
4.2.1 information and supporting documents
Any prospect must pass to the platform the information and documents listed below, using the subscription form, in which case such information and documents are not already in possession of the platform.
The prospect agrees to forward information and documents corresponding to its quality, either professional, or consumer.
For the owner, person physical consumer:
o his name, first name, address, email, date and place of birth, nationality and country of residence.
o a copy of an official document of identity valid for the holder (ex: carted' identity, driver's license, and for nationals of third countries to the European Union a passport).
For the professional licensee:
-for physical persons:
o his name, surname, e-mail address, date of birth and nationality and country of residence.
o an original or a copy of an extract from the official register dated less than three months finding registration as a trader or the national trades directory or any other professional body which depends on the owner.
o a copy of an official document of identity valid for the holder (ex: map a Passport identity, driver's license, and for nationals of third countries to the European Union).
-for legal persons:
o its name, its social form, its capital, the address of its headquarters, the description of his activity, the identity of the associates and social leaders, as well as the list of beneficial owners as defined by the reglementat ion,
o a Kbis extract or an equivalent document of less than three months for registered at the RCS of a State member of the European Union or a State party to the agreement on the European economic area or of a third country imposed NT equivalent obligations in terms of the fight against money laundering and the financing of terrorism and its statutes. This document must state the name, legal form, address of the head office and the identity of the associates and social leaders mentioned in the 1 ° and 2 ° of article R.123 - 54 of the Code of Commerce or their equivalents in foreign law.
o a copy of articles of Association and any decisions appointing the representative certified compliant;
o a copy of the identity card or of the passport of the legal representative and where applicable of the recipient (s) actual (s).
o statement of beneficial ownership of legal person holding more than 25%, in which case the prospect has not declared its beneficial owners in the national register, or if it is not subject to this obligation.
It may also be asked the licensee to provide a bank statement to an account in his name with a person referred to in 1 ° to 6 ° - bis of article L.561 2 of the monetary and financial Code established in a Member State of the Union Union or in a State party to the agreement on the European economic area or in a third country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism.
It is expressly provided that the claimant reserves the possibility to request additional documents about the holder, the beneficial owner, or a payment transaction prior to registration and at any time during the duration of the framework contract, specific.
The holder empowers the platform to perform on his account payment and full responsibility for payment transactions ("power of Attorney")... The Procurationcesse automatically on the death of the holder. It can be revoked at any time at the initiative of the holder who notifies the agent and the claimant by registered letter with advice of delivery. The termination shall take effect on the date of receipt of the termination by the claimant. The owner remains responsible for payments initiated on his behalf up to this date by the designated agent. The licensee expressly discharge the provider of professional secrecy on data of the payment account for the agent appointed by the proxy.
4.2.2 restriction of the payment account
According to the discretion of the provider, the use of a payment account may be limited unless the claimant justified his decision with the concerned licensee. The functioning of the payment account will be notably limited as the holder has not provided all the information and documents required by the service provider, such as listed above. These limits are indicated to the holder by the platform.
4.2.3 finalization of registration
After concluding the contract, the holder must provide all the information and documents it requested by the platform. In giving its agreement on the terms of the framework contract, the licensee accepts that platform transmits to the provider its registration application in quality of holder and all supporting documents received by him.
The provider is the only one to accept registration of a lead in quality of holder of an account of payment on his behalf. This agreement shall be notified to the holder by the platform by any means following the rules on the Site.
Without motivation, or right to compensation in favour of the incumbent, the service provider may refuse an application for opening an account. This refusal shall be notified to the holder by the platform by any means following the rules on the Site.
5. operation of the payment account
The amounts credited to the account of payment result from funds transferred by card (or any other means of payment accepted by the service provider), or the receipt of transfer. The amounts credited to the account of payment result: execution of payment order destined for an account in the books of a provider of third-party payment of the levy by the provider of the fees owed by the contractor under the framework contract or the reversal of a transaction by card (or any other means of payment).
5.1. acquisition of payment orders by card on the payment account
The supply of the payment account can be done by card (or any other means accepted by the service provider), in one or several times. When he wishes to perform such an operation, the user proceeds to identify the site indicating its User (valid e-mail address) and password or by connecting through his Facebook account. The order of transfer of funds is entered on a Page dedicated to this purpose. For any payment, he may ask the user to enter a one-time code notified on her cell phone in destination of the issuer of the card. If so, it is up to the claimant to refuse any payment according to its discretion and without that this decision cannot give rise to any compensation. The operation of transfer of funds is executed by the issuer of the card. Any such transfer must be notified audit institution. The claimant is not entitled to cancel such a transfer.
The holder is informed that acceptance of a payment order of payment by card by the service provider does not guarantee the receipt of matching funds by the licensee on its account. Registration of funds on the account of payment of the holder is subject to actual receipt by the claimant of the collected funds less fees agreed in the financial Conditions.
In the absence of receipt of funds for technical reasons, the claimant will work to make its best efforts to regularize the operation. In the absence of receipt of funds for any reason, the service provider will inform in the shortest time the holder of its inability to credit his account of the amount expected, so that he could connect with the user.
In the hypothesis where the transfer of funds on the account of the holder is cancelled by the issuer of the card following a challenge by the user, the licensee accepts that the claimant can reverse any transfer of funds operations card by the account of payment of the corresponding amount. The Licensee acknowledges that such a challenge can be particularly brought to the attention of the issuer of the card until the expiration of a maximum of thirteen (13) months from the date of debit of the account that is associated with the card. The service provider may in the absence of sufficient funds in the account to conduct such reversal, suspend or cancel any payment initiated by the holder or a representative transaction, or if necessary, subrogate the rights of the Holder and proceed to the recovery of the sums due by the user by any means.
5.2. transfer to the account of payment reception
The holder elects the claimant to receive on his payment account for the operations of SEPA credit transfer in euros from a bank account or payment open in a third PSP books.
The funds are credited to his account of payment by the claimant as soon as possible after their actual receipt by the provider.
After registration of the funds in the payment account of the holder, the claimant him makes available a summary of the received transfer operation, including the following information: the reference of the payment transaction, a reference to to identify the payer, the amount of the transaction, the credit value date.
5.3 running an Operation to transfer to the account of payment
The holder can send SEPA transfers or international orders destined for a beneficiary by a third PSP.
Where the holder wishes to perform a transfer Operation, he proceeds to his identification on his personal space by indicating his identification, and, if necessary, following the strong authentication that is indicated to him. It says on the Page of payment: the amount of the payment transaction, currency, the payment account to be debited, the execution date of the order and any other required information. In the absence of indication of date, the transfer order is deemed be immediate. The holder must also follow the procedure of authentication (or as the case may be of strong authentication) indicated by the claimant.
The holder may at any time transmit a request for enforcement of an order of transfer to destination to a beneficiary designated by him with a bank account or payment with a third-party payment services provider. The holder must pass the pattern associated with each wire and follow the procedure of authentication (or strong authentication as the case may be) indicated by the claimant.
The licensee gives its irrevocable consent to the payment order by clicking on the tab 'validation' ("Date of receipt"). The receipt of the payment order is confirmed on the holder's personal space. No order can be removed by the owner after the date on which it is deemed irrevocable, i.e. from the Date of receipt.
Before you send a transfer order, the holder (or the platform on his behalf) must ensure that it has an available amount enough to the credit of his account to cover the amount of the payment transaction and charges are related as agreed in the tariff Conditions. If so, he will have to credit his account until the order can be validly transmitted to the service provider for execution.
It is expressly agreed that payment orders will be executed at the latest at the end of the business day following the Date of receipt of the order by the provider (and the date agreed for payments term or permanent). Any payment received after 4 p.m. by the provider order is deemed received the following business day. If the Date is not a business day, the payment order is deemed to be received the following business day.
For each transfer Operation, the holder may request the claimant the provision on durable medium of information related to the maximum execution time for this specific operation, on charges that he has to pay and, if necessary, on the detail of These fees.
The claimant may refuse to execute an order of transfer incomplete or wrong. The holder must reissue the order to bring it into compliance. In addition, the service provider may block a transfer order in cases of serious doubt of fraudulent use of the account, unauthorized use of the account, to the security of the account, if able to freeze assets by an administrative authority or for any other reason.
Refusal of execution of an order of transfer or a transfer order blocking, the provider will inform the holder by any means. The claimant will indicate if possible to the licensee the reasons for the refusal or blocking, unless a ban under a provision of national law or law of the European Union.
The owner may at any time transmit a statement to cancel a transfer of funds to repay a user. The owner proceeds to its identification on the Site indicating its ID and its password. It indicates, in his personal space, the amount of the refund, the motto, the user to pay and any other required information.
Repayment is done by the claimant by credit card used by the user or by transfer under the terms of the original payment, within the limits of the available balance of the account and the rules of each network and the SEPA rules within five (5) business days after the receipt by the claimant of the refund request.
5.5 availables specific services of initiation of payment and information on accounts provided by a third-party PSP
When consent to a transfer order is given through a third-party PSP providing a service initiation of payment, the consent form is agreed between the licensee and the PSP in the terms agreed between them. The claimant is not part of these terms and shall in no case be held liable any dispute related to the provision of this service of initiation by the third-party PSP according to these terms.
The holder may not revoke the payment order after giving its consent that the third-party PSP providing the initiation of payment service initiates the payment transaction.
When the unauthorized payment transaction not executed or badly executed is initiated through a third-party PSP providing a service initiation of payment, the claimant reimburses immediately, and in any event no later than at the end of the next business day, the holder the amount of the unauthorized transaction, not executed or poorly executed and if necessary, restores the debited account to the State where he would have been if the unauthorized or poorly executed payment transaction had not taken place. The value date on which payment of the holder is credited to is not later than the date on which he had been charged.
The holder has in his personal space of a State of payment operations on the payment account. He is asked to read with attention the list of these operations... Operating records can also, on request, be made available to the professional licensee at a different frequency. It is stated that for each Operation of transfer executed by the service provider, the licensee will have the following information: the reference of the Operation, the identification of the beneficiary, the amount of the Operation, the date of receipt of the order, and the If applicable, costs related to the execution of this Operation.
7. the payment account access and confidentiality of data of security custom
The payment account is available online in personal space, using data of identification and the procedure of authentication requested (or strong authentication as the case may be).
The holder must indicate data of identification per person authorized. Each authorised person agrees to not to use the name or identification of another person's data. The licensee is solely responsible for any use of its identifier. Each authorised person is entirely responsible for maintaining the confidentiality of its identification data, as well as any other custom security eventually attributed by the service provider or the platform data. The holder must take all reasonable steps to maintain the confidentiality and security of its data security custom. It is also committed to educate people as to the confidentiality and security of their own safety data custom.
The holder (each authorised person) agrees not to communicate its data from custom security to third parties. By way of exception, the holder may communicate them to some third-party PSP certified in a Member State of the European Union or a State party to the economic area European for account information and initiation of payments services (such as defined in article 4 of the European directive 2015/2366, so-called "DSP2"). The holder must ensure that third-party PSP is well authorized for the aforesaid services and that it captures its data security in a secure environment.
8 opposition to security custom data
The holder must inform the platform of the loss or theft of data of custom security, misappropriation or unauthorised use of his personal space or its data associated as soon as it is known to ask the blocking. This declaration must be carried out:
-by phone call to the Customer Service of the platform to the number stated in the terms
General Site; or
-directly by e-mail through the form available on the contact
The claimant, through the platform, immediately run the opposition request. The event will be recorded and time-stamped. An opposition with time stamp number will be communicated to the holder. Written confirmation of this opposition implementation will be addressed by the platform holder concerned by e-mail message. The provider supports the case administratively and preserves all traces for 18 (eighteen) months. Upon written request of the holder and before the expiry of this period, the claimant will provide a copy of this opposition.
Requests for opposition should be confirmed without delay by the concerned holder, by letter of the latter, delivered or shipped in registered mail, or email, to the claimant at the address mentioned at the top of this paper or to address possibly indicated in the General Conditions of the Site.
The provider cannot be held responsible for the consequences of an opposition by fax or e-mail, that is not the owner would come.
A request for opposition is deemed to the date and time of actual receipt of the application by the platform. Theft of data of custom security or fraudulent use of personal space, the claimant is entitled to request through the platform, a receipt, or a copy of the complaint to the licensee who undertakes to respond as soon as possible.
9 blocking of the account of payment and denial of access to the payment account
The provider reserves the right to block the payment account, for reasons that are objectively motivated related to safety of the payment account, the presumption of use unauthorized or fraudulent use of the payment account or to the risk significantly increased that the holder is unable to fulfil his obligation to pay the fees due under the present agreement.
The holder is informed that provider may deny access to the payment to a third-PSP account providing the services of initiation of payment or information on accounts, for objectively motivated or documented reasons linked to no access authorized or fraudulent account of payment on the part of the claimant, including the unauthorized or fraudulent of a payment transaction initiation.
In case, the holder will be informed in his personal space blocking or denial of access to the payment account, and due to this blocking or refusal. This information will be communicated to him, if possible, before the payment account is blocked or that access is denied and no later than immediately after the blocking or denial, unless giving the information is not communicable for a objectively motivated security reasons or is prohibited under another provision of the law of the European Union or national law relevant. The provider unlocks the account or re-establish access to it as soon as the reasons for blocking or denial of access no longer exist. The permittee may request at any time the release of account through Customer Service platform whose contact details are indicated in the Site terms. May be asked to the owner to define new identification data.
10. challenges of an Operation
Common to all holders 10.1.dispositions
For any claim relating to payment transactions executed by the claimant in the present, the licensee is invited to speak to the customer platform or the address indicated for that purpose in the Site terms.
If an order is executed by the provider with errors due to the fault of the latter, the challenge is transmitted in the shortest delays to the claimant, the order is cancelled and the account is restored to the position in which he found himself before the receipt of the payment order. Subsequently, the order is represented correctly.
Charges indicated in the tariff Conditions may be seen if challenged unwarranted surgery.
Applicable to the professional owner 10.2.dispositions
The professional licensee wishing to dispute an unauthorized transfer or poorly executed Operation must contact by phone the Customer Service of the platform as soon as possible after his knowledge of the anomaly and the later shooting within eight (8) weeks of registration into account of the operation, to load for her to transmit the challenge to the provider as soon as possible. Unless there are good reasons to suspect fraud of the holder, the claimant reimburses the holder the amount of the Operation immediately after receiving the request to protest, and in any case at the latest at the end of the next business day Next. The provider resets the account in the State in which he would have been if the unauthorised payment transaction had not taken place.
In case of loss or theft of custom security data, unauthorized transactions before the notification of the opposition are the responsibility of the holder. Operations carried out after the opposition are supported by the service provider unless the cardholder fraud.
Applicable to the consumer cardholder 10.3.dispositions
The consumer who wishes to challenge an unauthorized transfer or poorly executed Operation must contact by phone the Customer Service of the platform as soon as possible following its seizure of the anomaly and the latest knowledge in the thirteen (13) months from the date of debit, charge for it to transmit the challenge to the claimant as soon as possible. Unless there are good reasons to suspect fraud of the holder, the claimant reimburses the holder the amount of the Operation immediately after receiving the request to protest, and in any case at the latest at the end of the next business day Next. The provider resets the account in the State in which he would have been if the unauthorised payment transaction had not taken place.
In case of dispute, the burden of proof that the Operation has been authenticated, duly registered and posted, and that she was not affected by a technical deficiency or other responsibility to the claimant.
In case of unauthorized payment transaction row to the loss or theft of data of custom security, the licensee supports, prior to notification of the opposition, losses related to the use of safety data, custom in the limited to a maximum of fifty (50) euros. Operations carried out after the opposition are supported by the service provider unless the cardholder fraud. However, the responsibility of the holder is not engaged in cases:
D ' payment transaction unauthorized performed without the use of safety data
-The loss or theft of data security custom cannot be detected by the holder
-The loss due to acts or deficiency of an employee, an agent or a branch of a PSP
or an entity to which activities are outsourced.
The responsibility of the holder is not committed:-If the unauthorized payment transaction was made by diverting security customized; data without the knowledge of the owner, -in the case of infringement of security of personal data, if, at the time of the payment transaction not authorized, the licensee being in possession of these data.
The holder bears all losses caused by the unauthorized trades if these losses are the result of fraudulent action on his part or if he has not satisfied intentionally by serious negligence to bonds to maintain the security of its Custom security data and to notify the opposition in case of loss, theft or misuse of this data.
Except fraudulent act on its part, the holder can't stand no financial consequences if the unauthorized transaction occurred without the claimant requires strong authentication of the holder, in the case where the regulations provide that this last is required.
11. financial conditions
Services offered under these terms are charged by the platform on behalf of the claimant in accordance with the fare Conditions.
All fees owed by the holder are automatically levied on the payment account by the claimant. The owner allows the claimant to compensate for any certain, liquid and exigible claim at any time, including after the closure of the account, who would be liable in any way whatsoever. He can compensate for the provision of the account with any amount due, owing and unpaid payment by the holder to the claimant.
In the event of late payment of fees due and payable by the cardholder to the claimant, the holder will be liable for interest on arrears for the period from the date due until paid in full. The applicable interest rate will be calculated on the basis of twice the rate of annual legal interest published semi-annually for businesses. The amount of interest due will be equal to the product of the amount of the unpaid amount by the legal rate annual supra and the number of days of delay on 365.
12. term and termination
The framework contract is concluded for an indefinite period. It comes into force as of its acceptance by the licensee.
The latter may at any time and with respect to a notice of thirty (30) calendar days, proceed to the termination of the framework contract. The claimant may at any time proceed with the termination of the framework contract, with respect to two (2) months notice provided on durable medium. In this case, regularly charges in respect of payment Services will be due by the owner in proportion to the period due at the date of termination.
Beyond six (6) months, the contract may be terminated without charge. In other cases, termination charges may apply, in accordance with the fare Conditions.
To do this, each party must send its notification of termination of this agreement to the other party by registered letter with acknowledgement of receipt, to the address and e-mail indicated in the General Conditions of the Site.
As a result, all of the framework contract is terminated and the payment account is closed. The account will be transferred within a period of thirteen (13) months on the bank account of the owner after deduction of fees due and payable to the claimant. If the account of payment exceeds the maximum specified in the fare Conditions, the amount exceeding this ceiling will be transferred within thirty (30) days of the effective date of the termination to the bank account of the owner after deduction of the costs due and payable to the claimant. The claimant is discharged from any obligation as soon as it will be confirmed to the holder the transfer on the bank account.
In the case of serious breaches, fraud, or unpaid on the part of the holder, the provider reserves the right to suspend or terminate these terms by sending an email accompanied by a registered letter with notice of receipt without reason or notice.
It is expected that the framework contract will be automatically terminated if new circumstances affecting the ability of a party to commit to the title of the present.
13. changes to the agreement
The provider reserves the right, at any time, to modify the framework contract. Any draft amendment of the framework contract is provided to the licensee by the platform
Licensee may refuse the proposed amendments and shall notify its refusal Customer Service of the platform by registered letter with notice of receipt two (2) months before the date of entry into force of the proposed amendments (postmark authentic) to the address indicated in the General Conditions of the Site.
Without having notified his refusal before the date of entry into force indicated, the holder is deemed accept the proposed changes. Then, the relationship between the Parties after the date of entry into force will be governed by the new version of the framework contract.
In case of refusal by the holder, this refusal will lead, toll-free, to termination of the framework contract, as well as the transfer of the balance of the payment account in thirteen (13) months from the date of termination to cover all disputes futures.
All laws or regulations that would make necessary the modification of all or part of the framework contract will apply from their date of entry into force, without notice. However the owner will be informed.
The provider undertakes to provide its services in compliance with the laws and regulations and rules of the art. Notably, the provider will make every effort to ensure the security and confidentiality of data holders, in accordance with the regulations in force.
The provider reserves the right to temporarily suspend access to the account online for technical reasons, security or maintenance unless these operations open right to a compensation. It is committed to limiting this type of interruptions to a minimum.
However, the provider cannot be held liable to the holder of any errors, omissions, interruptions or delays in operations carried out through the resulting a unauthorized access to this Site. Advantage, the provider cannot be held responsible for the theft, destruction or unauthorized communications data resulting from an unauthorized access to the Site. In addition, the claimant remains alien to the legal relationship existing between the owner and a user or between the holder and the Site. The provider cannot be held responsible for mistakes, shortcomings or negligence of a user and holder toward the other, or of the Site and holder with the other.
If the number single or any other information necessary for the performance of an Operation of payment provided by the holder is inaccurate, the provider is not responsible for the performance of that Service.
The platform is solely responsible for the security and confidentiality of data exchanged in the context of the use of the Site in accordance with the terms and Conditions of the Site, the claimant is responsible for the security and confidentiality of the data it exchanges with the holder under herein in respect of the creation and management of his account, as well as payments associated with the account.
15. limitation of liability of the provider
The claimant is involved in any way in legal and commercial relations and possible disputes between the holder and the user or between the holder and the platform or between the licensee and a beneficiary. The provider has no control over the compliance, security, legality, characteristics and the appropriateness of the products and services subject to a payment transaction.
Each transaction made by the holder gives birth to a contract directly formed between him and a user to which the claimant is foreign. This last cannot accordingly be held responsible for non-performance or improper performance obligations resulting, or the potential damage caused to the holder.
Notwithstanding anything to the contrary in the present contract, the liability of the claimant in respect of a licensee is limited to the repair of the direct damages as provided by regulation.
16 commitments of the holder
The holder ensures that no element of his personal space violates the rights of third parties or is not
contrary to the law, public order, good morals.
He agrees to not:
(i) the contract - framework in an illegal manner or in conditions that could damage, disable, overload or impair the site;
(ii) impersonate any other person or entity, falsify or conceal his identity, his age or create a false identity;
(iii) disseminate data or personal information to a third party, such as postal addresses, telephone numbers, e-mail addresses, credit card numbers etc... In the event of breach of its obligations, the provider may take any appropriate measure in order to stop the actions concerned. It will also be entitled to suspend, delete or block access to his account of the holder.
(iv) without prejudice to legal actions by third parties, the claimant is entitled to exercise any legal action to repair the damage he would have personally suffered as a result of the failings of the holder personally to its obligations under this agreement.
If the owner finds a breach of the aforementioned obligations, he is invited to inform the claimant of these actions by contacting it at the address: firstname.lastname@example.org.
17. right of withdrawal
Common to all holders 17.1.dispositions
The incumbent having been canvassed in the sense of article L.341 - 1 and following of the French monetary and financial Code has a period of 14 (fourteen) calendar days of age to exercise his right of withdrawal, subject to applicable meet the conditions of article D341-1 of the same code, without having to justify reason nor supporter of penalty. This withdrawal period begins to run from the day of its registration as a holder.
Applicable to the consumer cardholder 17.2.dispositions
Under the terms of article L222-7 of the Code of consumption, the consumer holder has a right of withdrawal may be exercised within a period of 14 (fourteen) days without having to prove motive nor supporter of penalty. This withdrawal period begins to run as of the day of the conclusion of the framework contract, either from the receipt of the conditions and contractual information, if that date is later than the conclusion of the framework contract. The framework contract may receive a commencement of execution before the expiry of the withdrawal period with the agreement of the owner of the consumer. The consumer cardholder acknowledges that the use of payment Services after the conclusion of the framework contract will be constituent request on his part to begin the implementation of the framework contract before the expiry of the aforementioned period. The exercise of the right of withdrawal take resolution of the contract who, in the event of commencement of execution, takes the form of a termination and does not call into question the services previously provided. In this case, the consumer cardholder will be held only on the proportional payment of the Services actually provided.
17.3.exercice of the right of withdrawal
The licensee must notify its withdrawal request within the allotted to platform Customer Service by phone or email and send a letter of confirmation to the address of the Customer Service of the platform. For this purpose, it can use the withdrawal slip made available by the
The claimant is subject to all of the Luxembourg regulation and French relative to the fight against money laundering and the financing of terrorism.
Pursuant to the provisions of law french and Luxembourgish, relating to the participation of financial bodies in combating capital laundering and the financing of terrorist activities, the claimant is required to inquire with Holder for any operation or business relationship to the origin of the object and the destination of the transaction or the opening of the account. Furthermore, it must carry out all the steps necessary to the identification of the owner and if applicable, the beneficial owner of the account and/or payment transactions related to it.
The Licensee acknowledges that the provider may terminate or postpone at any time the use of custom security data, access account or the execution of an Operation in the absence of element sufficient on its purpose or its nature. He is informed that an operation carried out in the context of the present is subject to the exercise of the right to communication of the national financial intelligence unit.
The holder may, in accordance with the regulations, access to all information so provided that this right of access does not undermine cause the purpose of fighting the money laundering and the financing of terrorism when these data relating to the applicant.
No prosecution and no civil liability action shall be brought or any professional sanctions pronounced against the claimant, his officers or employees who have made good faith reported suspicions to their authority National.
18. protection of personal data
The provider collect and process any personal data in accordance with the regulations applicable to the protection of these data, and particularly with the law n ° 78-17 of 6 January 1978 amended and with the European regulation 2016/679 of the Parliament Parliament and of the Council of April 27, 2016.
The personal data required upon subscription are required as part of the services provided in accordance with these terms. In the absence of providing the required personal data, the applicant can be denied access to services.
The person concerned is informed that personal data are notably collected for the following purposes: the provision of such services as described herein. the fight against money laundering and the financing of terrorism; the treatment of requests for information and complaints; the production of statistics. These treatments are particularly necessary for the performance of the framework contract as well as the respect of legal obligations to which those responsible for processing are subject. The claimant and the platform act as managers of these treatments.
Personal data will be transmitted to any third party without the express consent of the individuals concerned. However, the person concerned is informed that personal data are passed on to subcontractors of the claimant for the purposes of the above purposes. Such subcontractors will act only on the instruction of the claimant and exclusively for the account of the latter.
The person concerned can access the list of subcontractors by transmitting his request to the Customer Service of the platform. It is informed that the provider ensure that subcontractors take all necessary steps to preserve the security and confidentiality of personal data. In the event of a violation of (loss, intrusion, destruction...) data involving high-risk for the person concerned, the latter will be informed.
The provider reserves the right to disclose personal data on the application of a legal authority to comply with any law or regulation in force, to protect or defend the rights of the holder of the account or a person concerned, if any compelling circumstances or to protect the safety of the holder, of the Services or the public.
The personal data processed by the service provider as part of the services provided in accordance with the present are kept for the duration strictly necessary to achieve the above-mentioned purposes. Except as otherwise provided legal and regulatory, data will not be stored beyond the effective date of the termination of the contract. It is especially stated that personal identification data are kept for a period of five years from the end of the contractual relationship, the applicable anti-money-laundering regulations of capital and the financing of terrorism.
The subjects have the following rights over their data, according to the conditions provided for by the regulations: right of access, the right of rectification, right opposition, right to erasure, entitled to the limitation of the treatment and the right to the portability. A person may at any time exercise their rights by addressing the Customer Service of the platform. His request should provide name, ID, and be accompanied by a photocopy of an identity document bearing his signature.
A response will be sent to the person concerned within a period of one (1) month of receipt of his application. This period may be extended by two (2) months, given the complexity and the number of applications. In this case, the person concerned will be informed of the extension and of the reasons for the postponement within one (1) month from the receipt of the request.
The person concerned is informed that she has the right to lodge a complaint with the competent authority for any request in relation to their personal data.
If the person concerned has his application in an electronic form, the answer will be provided electronically, unless she asked specifically that it otherwise.
When personal data are related to a person not a party to the framework contract and being passed by the holder, this last fact his case of the information in this section to the person concerned.
19. professional secrecy
The claimant is bound by professional secrecy. However, this secret can be lifted, in accordance with the legislation in force, under a legal obligation regulatory and prudential, including at the request of the regulatory authorities, the tax and customs administration, as well as for that of the judge criminal or judicial requisition notified to the claimant. Notwithstanding the foregoing, the user has the ability to meet the provider of professional secrecy expressly indicating the third party authorized to receive confidential information about it.
It is stated that professional secrecy may be lifted by the effect of the regulation for the benefit of the companies providing the important operational tasks in the context of the present provider.
20. intellectual property
The Claimant retains full ownership of securities and property rights for what they are attached to the Services offered to the holder. None of these property rights is transferred to the owner on the title of the present.
21 death of the incumbent and inactive accounts
21.1.deces of the holder
The death of the holder terminates the contract, as soon as it is brought to the attention of the claimant. The Operations involved as of death are, unless rights holders or the notary in charge of the estate, considered not to have been authorized.
The rest payment account open the time required for the settlement of the estate and the provider ensures the payment of the balance with the consent of rights holders or the notary in charge of the estate.
Any inactive account will be subject to a notification of inactivity by email on the part of the claimant followed a boost a month later. The payment of the cardholder account is considered inactive when at the end of a period of twelve (12) months, it only the object of no operation (excluding removal of management fees) at the initiative of the holder (or representative) and that it is not shown with the claimant in any form whatsoever.
In the absence of response or use of the balance appearing in the credit of the account within this period, the claimant may close the account and maintain it for the sole purpose to proceed with the transfer of the money owed on the account indicated by the holder. In case of death, the balance will not be reimbursed to rights of the holder.
The account will no longer allow execution of payment transactions.
22. force majeure
The Parties are not held responsible, or considered as failing in the title of this agreement, in the event of delay or non-performance, when their cause is related to force majeure such as defined by article 1218 of the civil Code.
23. the independence of the contractual stipulations
If one any provisions of this agreement is held to no or not applicable, it will be deemed not to have written and will not result in the nullity of the other provisions.
If one or more provisions of this agreement became obsolete or was declared such in application of a law, a regulation or following a final decision by a competent jurisdiction, the other stipulations will retain their force and their range. The stipulations declared null and invalid would be replaced by stipulations which are closest in scope of the initially agreed terms and as to their meaning.
24 protection funds
The funds of the owner, at the end of the business day following the day in which they were received by the claimant, on an escrow account opened in the books of a bank under the conditions required by the regulations.
Under the terms of article 24-10 (5) of the Act of May 20, 2011, published in the Memorial A No. 104 of May 24, 2011, of the Grand Duchy article 14 of the Act of November 10, 2009, published in the Memorial A No. 215 of November 11, 2009, of the Grand Duchy of Luxembourg and the Luxembourg transposing the directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 relating to the business of electronic money institutions, funds collected are protected and are not in the mass of the assets of the electronic money institution in liquidation, bankruptcy or any other situation of the latter competition.
The framework contract may be the subject of a total or partial surrender by the holder for consideration or free. Subsequently shall yield to a third one any of the rights or obligations he holds to the present. In the event of breach of this prohibition, in addition to the immediate termination of this agreement, the responsibility of the holder may be engaged by the service provider.
26. agreement on evidence
All data times unalterable, reliable, and secure way in the computer database of the provider including payment orders and notifications sent, shall prevail between the Parties until evidence to the contrary.
27 territorial scope
The provisions of articles L133-1 and following and L314-1 and following of the French monetary and financial Code apply where the service provider and the service provider of payment the payer or of a beneficiary of a payment transaction executed in the flow or to the account are located both on the territory of metropolitan France, in Guadeloupe, Guyana, Martinique, in Réunion, Mayotte, Saint-Martin Saint-Barthélemy or in another European Union Member State or in another State party to the agreement on the European economic area, and that the operation is carried out in euro or in the currency of a Member State of the European Union which does not belong to the Sepa Zone or of another State party to the European economic area agreement.
The provisions of articles L133-1 and following and L314-1 and following of the French monetary and financial Code apply (with the exception of articles L. 133 - 11-L. 133 - 13;) L133-14, II and with the exception of the time limits referred to in article L314-13, VI) when the service provider and the service provider of payment the payer or of a beneficiary of a payment transaction executed debit or credit the account, are located, one on the territory of the France metropolitan, in Guadeloupe, Guiana, Martinique, Réunion, Mayotte, or Saint-Martin, the other on the territory of the France metropolitan, in Guadeloupe, in Guyana, in Martinique, in Réunion, Mayotte, Saint-Martin or in another Member State of the European Union or in another State party to the agreement on the European economic area, and that the operation is performed in the currency of a State which does not belong to the agreement on the European economic area, concerning the parts of the payment transaction carried out in the European Union.
The provisions of articles L133-1 and following and L314-1 and following of the French monetary and financial Code apply (with the exception of articles L. 133 - 11, L133-13, I;) L133-22; L133-25 to L133-25 - 2; L133-27, and with the exception of the time limits referred to in article L314-13, VI) when only the provider or only the beneficiary's payment services provider or payer is located on the territory of metropolitan France, in Guadeloupe, in Guyana. in Martinique, in Réunion, Mayotte, Saint-Martin, regardless of the currency in which the payment transaction is carried out, for what concerns the parts of the payment transaction carried out in the European Union.
28 complaint and mediation
The licensee is invited to speak to the Customer Service platform, possibly indicated on the Site for any claim.
Any claim other than that provided for in article 10 on the conclusion, execution or termination of the framework contract must be notified by email at the following address: email@example.com.
The licensee agrees that the provider meets its claims on a durable medium. The response will be sent promptly and within a delay of fifteen (15) business days of receipt of the claim by the claimant. However, for reasons beyond its control, the provider may be unable to respond within fifteen (15) days. In this case, it will communicate to the holder an answer setting out the reasons for this delay as well as the date on which it will send the definitive answer. In any cause State, the holder will receive a definitive answer at the latest within a period of thirty-five (35) days of receipt of the claim.
The holder is informed that the CSSF (Commission de Surveillance of the financial sector) is competent to settle disputes on the implementation of this agreement on an out-of-court basis. For more information about the CSSF and the conditions of such an appeal, you can ask at the Platform customer service or visit the Web site of the SZFF (http://www.cssf.lu). Applications mediation should be addressed to the Ombudsman of the Commission of monitoring of the sector Financier (CSSF), 283 road of Arlon, L-1150 Luxembourg,)direction@CSSF.Lu) and this, without prejudice to any other of legal action. However, the Ombudsman cannot be entered, if the application is manifestly unfounded or abusive, if the dispute was discussed previously or is currently under review by another mediator or by a court, if the request to the Ombudsman is made within more than a year from the claim in writing to the professional, if the dispute is not within the jurisdiction of the Ombudsman.
29 language - Law applicable and competent court
Except in the case of application of a law of public order (which will apply only within the limits of its purpose), it is expressly stipulated that English is the language chosen and used by the Parties in their pre-contractual relationships and contract and that the contract is subject to French law. Any dispute between the Parties in respect of the latter will be subject to the jurisdiction of the competent french courts.