Terms and conditions of use Mangopay

Entered into between:
The client, a legal entity (company name, registered office in a Member State of the European Union or in a State party to 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) registered in a Member State of the European Union or in a State party to the European Economic Area, or in a third country imposing equivalent obligations in terms of the fight against money laundering and terrorist financing.

a natural person (surname, first name, date of birth, address and 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 equivalent obligations in terms of the fight against money laundering and the financing of terrorism, registered with the Trade and Companies Register in a Member State of the European Union or in a State party to 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.
acting on its behalf for commercial, industrial, artisanal or liberal purposes, in the capacity of seller of goods or services on the Site,
hereinafter referred to as the "Holder" or the "Merchant", on the one hand

and,

MANGOPAY SA, a public limited company incorporated under Luxembourg law, with a capital of 2,000,000 euros, whose registered office is located at 10 Boulevard Royal, L-2449 Luxembourg and registered with the Luxembourg Trade and Companies Register under number B173459, authorized to carry on business in France as an electronic money institution approved by the Commission de Surveillance du Secteur Financier, 283 route d'Arlon L-1150 Luxembourg, www.cssf.luhereinafter referred to as the "Service Provider", on the other hand, hereinafter together referred to as a "Party" or the "Parties".

Warning
The Holder is invited to read carefully the present Terms and Conditions which have been communicated to him on the Site before accepting them.
The Registrant is informed that the language used to communicate with the Provider is French or English.

1. Definitions

For purposes hereof, the following terms are defined as follows:
"Banks": credit institutions in charge of the protection of funds collected by the Provider on behalf of the Holder/Merchant. These funds are registered in its books in a segregated account opened for this purpose. The designated institution is currently ING Luxembourg and Crédit Mutuel Arkéa. The Provider reserves the right to select any other approved credit institution.
"Card": bank, payment or credit card used by the User to pay a purchase on the Site to a Merchant designated on his Payment Account opened in the Provider's books. This card is linked to one of the following networks: Visa, MasterCard, CB.
"Payment Account" or "Account" means an account held by the Service Provider in the name of a Cardholder and used for the purpose of executing Payment Transactions. The Account may in no case be considered as a deposit account.
"General Terms and Conditions" means this document entitled General Terms and Conditions for the Use of Payment Services.
"General Terms and Conditions of the Site": Refers to the general terms and conditions of use of the Site concluded between the User of the Site and the Platform, governing in particular access to the Site.
"Particular Conditions of Use for Payment Services": Refers to the form to be filled out by the Merchant on the Site.
"Framework Agreement": Refers to the Mangopay payment services framework agreement composed of these General Terms and Conditions and the Special Terms and Conditions of Use of Payment Services. It governs the issuance and use of payment services as well as the management of the Account by the Provider.
"Business Day ": Means a calendar day, excluding Saturdays, Sundays and public holidays in Metropolitan France and Luxembourg, during which the payment infrastructures of these countries and the Banks used carry out their activities in regular operation.
"Merchant ": Refers to any legal or natural person acting on his own behalf as a seller of goods and/or services on the Site.
"Payment Transaction": Refers to a periodic or one-time transfer, ordered by the Holder, or by any authorized representative for this purpose, to his/her bank account.
"Order": means the instruction given by the Account Holder to the Service Provider in accordance with the procedure set forth in the Master Agreement in order to execute a Payment Transaction.
"Payment Page": means the page secured by the Service Provider's electronic payment service provider.
"Platform": Refers to the entity whose contact details are indicated in the Special Conditions, which operates the Site. It prepares, facilitates and advises Users in order to conclude the Framework Agreement through its Site. It accompanies the Users throughout their relationship with the Provider in the context of the execution of their Payment Transactions. It collects the documents required to open an Account. The Platform does not collect the funds except for the Fees agreed in the Special Conditions. The Platform is registered as a payment agent.
"Provider ": Refers to MANGOPAY SA, an issuer of Electronic Money licensed in Luxembourg by the Commission de Surveillance du Secteur Financier under the references n°3812 and authorized to operate in France. The Service Provider appears on the list of electronic money establishments available at www.cssf.lu/surveillance/ep-eme/listes-officielles/.
"Site": Refers to the website operated by the Platform whose purpose is to sell goods or services to Users or to collect funds from them, or to put Merchants in contact with Users. The Site whose address is indicated in the Special Conditions has integrated the API with the Platform's colors.
"Holder": Merchant in whose name a Payment Account is opened to receive payments from Users.
"User ": Any natural or legal person who has purchased a good or service offered for sale on the Site and uses his Card to transfer funds.

2. Purpose
The purpose of these General Terms and Conditions is to define the conditions under which the Service Provider provides the Cardholder with payment services in return for a fee defined in Article 19 hereof and in the applicable Special Terms and Conditions.
These payment services include :
- the opening and management of the Payment Account,
- crediting the Payment Account: recording of funds transferred by Cards by Users of the Site,
- debiting the Payment Account: execution of one-time or recurring transfers, deduction of fees due in application of the present Terms and Conditions, reversal of funds transfers by Cards.
The Account shall not be subject to any overdraft, advance, credit or discount.
The Provider has mandated the Platform to facilitate the conclusion of this Agreement with each Merchant and to accompany them throughout their relationship with the Provider.
The Holder may obtain a copy of the Framework Agreement at any time and free of charge by visiting the Website. Only the Master Agreement shall be binding between the Parties in the event of a dispute.

3. Account opening
3.1 Necessary and prior conditions for opening an Account
Any natural person aged at least 18 (eighteen) years and legally capable
or any legal entity, resident and registered in a Member State of the European Union or in a State party to the Agreement on the European Economic Area, may submit a request to open an Account provided that it is listed on the Site as a seller on its own behalf.

3.2 Registration and Account opening procedure
If the following information is not already in the possession of the Platform, the Merchant shall transmit to the Platform:
- for natural persons, his surname, first name, email address, date of birth and nationality and country of residence.
or :
- for legal entities, its name, its corporate form, its capital, the address of its registered office, the description of its activity, the identity of its partners and directors, as well as the list of beneficial owners as defined by the regulations, a Kbis extract or an equivalent document less than three months old proving its registration with the RCS of a Member State of the European Union or a State party to the agreement on the European Economic Area or a third country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism and its articles of association, The Merchant must indicate a login and a password for each authorized person. Each person is entirely responsible for maintaining the confidentiality of his/her login. The Merchant agrees not to use another person's name or identifier at any time, nor to disclose the identifier to any third party. The Merchant agrees to immediately notify the Platform, in the event that he/she suspects any unauthorized use of his/her ID. The Merchant is solely responsible for any use of his ID.

The Merchant shall provide a bank identification statement of an account opened in his name with a person mentioned in 1° to 6° of Article L.561-2 of the French Monetary and Financial Code established in a Member State of the European 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 terrorist financing.

The Merchant grants the Platform the power to carry out on his Payment Account and under his full responsibility the Payment Transactions as defined in the power of attorney. The form is provided online and must be returned to the Provider. The power of attorney will only take effect upon receipt by the Service Provider of the duly completed form and subject to acceptance by the Service Provider. This will be notified by any means. It shall automatically cease upon the death of the Holder. It may be revoked at any time at the initiative of the Holder who shall inform the Agent and the Provider by registered letter with acknowledgement of receipt. The termination shall take effect on the date of receipt of the termination by the Provider. The Account Holder shall remain liable for Payment Transactions initiated on his behalf up to this date by the designated agent. The Account Holder expressly discharges the Service Provider from the obligation of professional secrecy regarding the Payment Account data with respect to the authorised representative designated by the power of attorney.

After having read the Framework Agreement, the Merchant shall accept it in the manner provided for by the Website, transmit the duly completed and signed power of attorney, and provide all the information and supporting documents requested by the Platform. By agreeing to the terms of the Framework Agreement, the Merchant agrees that the Platform may transmit to the Service Provider its application for registration as a Holder and all supporting documents received by it.

The Provider is the only one who can accept the registration of a Merchant as a Payment Account Holder in its name. This agreement will be notified to the Merchant by the Platform by any means according to the modalities provided on the Website.

The Service Provider may, without any reason or right to compensation in favor of the Merchant, refuse a request to open an Account. This refusal will be notified to the Merchant by the Platform by any means according to the modalities provided on the Website.

In addition, the Service Provider reserves the right to request from the Merchant before any registration and at any time during the duration of the Framework Agreement additional information and identification data for the purpose of verifying his identity and/or a Payment Transaction.
The Merchant represents at the time of submitting its registration request to the Platform and throughout the term of the Master Agreement:
- (a) that he is at least 18 (eighteen) years of age and legally capable or is duly incorporated,
- (b) that he or she is acting on his or her own behalf;
- (c) that all information provided at the time of registration is true, accurate and current.

3.3 Limitations on the use of the Payment Account
At the Provider's discretion, the use of a Payment Account may be limited without the Provider providing
the Service Provider justifying its decision to the Cardholder concerned.

Thus, a Payment Account may be operated with the express authorization of the Service Provider and within the limit of 2,500 euros over a period of 12 rolling months and 250 euros per Payment Transaction for any Account Holder who has not sent all the documents required by the Service Provider. Upon receipt of all the documents listed below and provided that they are deemed satisfactory by the Service Provider, the Cardholder may initiate Payment Transactions in excess of 2,500 euros over a sliding 12-month period and 250 euros per Payment Transaction. These Payment Transactions are made to an account opened in the Cardholder's name with a person mentioned in 1° to 6° of Article L.561-2 of the French Monetary and Financial Code established in a Member State of the European Union or in a State party to the Agreement on the European Economic Area or in a third country that imposes equivalent obligations in terms of the fight against money laundering and the financing of terrorism

The minimum documents required by the Provider for any Holder, natural person, are the following:
- a copy of a valid official identity document of the Holder (e.g.: identity card, driving license, and for nationals of countries outside the European Union a passport),
- if applicable, an original or a copy of an extract from the official register dating back to less than three months, certifying registration as a trader or in the national register of trades or in any other organization to which the Holder is affiliated.

The documents required for any Holder who is a legal entity in accordance with the foregoing are the following
- original or copy of an extract from the official register dated less than three months old stating the name, legal form, address of the registered office and the identity of the partners and corporate officers mentioned in 1° and 2° of article R.123-54 of the French Commercial Code or their equivalents in foreign law;
- a copy of the articles of association and any decisions appointing the legal representative, certified as true;
- a copy of the identity card or passport of the legal representative and, if applicable, of the beneficial owner.
- declaration of the economic beneficiaries of the legal entity holding more than 10%.

It is expressly provided that the Service Provider reserves the right to request additional documents concerning the Account Holder, the Beneficial Owner or a specific Payment Transaction at any time.

4. Operation of the Payment Account

Amounts transferred by Card by Users are credited to the Payment Account opened in the name of the designated Cardholder. Amounts debited to the Payment Account result from (i) the execution of a Payment Order to an account opened in the Cardholder's name in the books of a credit or payment institution established in a Member State of the European Union, in a State party to the European Economic Area or in a third country that imposes equivalent obligations in terms of the fight against money laundering and the financing of terrorism, (ii) the deduction by the Service Provider of the fees due by the Cardholder under the Master Agreement or, (iii) the reversal of a Card transaction.

4.1 Crediting of amounts transferred by Card by Users to the Account

The payment of the purchase price of a good or service on the Site by a User can be made, by Card (or any other means accepted by the Provider), in one or more times. When the User wishes to make such a transaction, he/she shall identify himself/herself on the Website by indicating his/her User (valid email address) and his/her password or by connecting through his/her Facebook account. The funds transfer order is entered on a dedicated Payment Page. For any payment, the User may be asked to enter a one-time code notified on his cell phone to the Card issuer. If necessary, the Service Provider may refuse any payment at its own discretion and without this decision giving rise to any compensation. The funds transfer transaction is carried out by the Card issuer. Any dispute concerning such a transfer must be notified to the said institution. The Service Provider is not entitled to cancel such a transfer. The Cardholder is informed that the acceptance of a Card payment transfer order by the Service Provider does not guarantee the receipt of the corresponding funds by the Cardholder on his Account. The recording of funds on the Cardholder's Payment Account is conditional upon the Service Provider's actual receipt of the funds collected minus the fees agreed upon in the Special Terms and Conditions. If the funds are not received for technical reasons, the Service Provider shall make its best efforts to regularize the transaction. In the absence of receipt of funds for any other reason, the Service Provider will inform the Account Holder as soon as possible of its inability to credit the expected amount to the Account, so that the Account Holder can contact the User. In the event that the transfer of funds to the Account of the Account Holder is cancelled by the Card issuer following a dispute by the User, the Account Holder agrees that the Service Provider may reverse any Card funds transfer transaction by debiting the Payment Account for the corresponding amount. The Cardholder acknowledges that such a dispute may be brought to the attention of the Card issuer until the expiration of a maximum period of 13 months following the date of debit of the account to which the Card is associated. In the absence of sufficient funds on the Account to proceed with such a reversal, the Service Provider may suspend or cancel any Payment Transaction initiated by the Cardholder or an Agent, or, if applicable, subrogate to the rights of the Cardholder and proceed to the recovery of the sums due by the User by any means.

4.2 Refunds

The Cardholder may at any time transmit an instruction to cancel a transfer of funds by Card, in order to reimburse a designated User for the purchase price of goods or services under the commercial conditions set by each Merchant. The Cardholder identifies himself/herself on the Site by indicating his/her login and password. He indicates on his personal environment on the Site, the amount of the refund, the currency, the User to be credited and any other required information. The refund operation is carried out by the Provider by crediting the Card used by the User within the limit of the rules of each network and within 5 working days following the receipt by the Provider of the refund request.

4.3 Execution of a Payment Transaction

When the Cardholder or the Platform mandated by the Cardholder wishes to carry out a Payment Transaction, he or she identifies himself or herself on the Site by indicating his or her identifier and password. On the Payment Page, he or she indicates: the amount of the Payment Transaction, the currency, the Payment Account to be debited, the date of execution of the Order and any other required information. If no date is indicated, the Transfer Order is deemed to be immediate. The transfer is made exclusively to the account registered by the Holder. The Holder is the only one who can change the recipient account and must send the Service Provider a bank identification statement for the new account. The Payment Order becomes irrevocable when the Platform clicks on the validation tab. The receipt of the Payment Transaction is then confirmed by the Provider on the Platform's personal page ("Date of receipt"). Before sending a Payment Order, the Account Holder (or the Platform acting on his behalf) shall ensure that he has sufficient funds available on his Account to cover the amount of the Payment Transaction and the related fees as agreed in the Special Terms and Conditions. If necessary, he must credit his Account before the Order can be validly transmitted to the Service Provider for execution. It is expressly agreed that the 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 Service Provider (and on the agreed execution date for forward or standing orders). If the Date of receipt is not a Business Day, it will be deemed to be the next Business Day for any Order placed after 12:00 noon.
The Account Holder may at any time send a request for the execution of a transfer order to a beneficiary designated by him/her who has a bank or payment account in an authorized institution in a member state of the European Union or a member state of the European Economic Area or in a third country that imposes equivalent obligations in terms of the fight against money laundering and terrorist financing.

The Account Holder shall transmit the reason associated with each transfer. The Service Provider may refuse to execute an incomplete or erroneous Transfer Order. The Account Holder must reissue the Order to bring it into compliance. The Service Provider may also block a Transfer Order in the event of serious doubts about fraudulent use of the Payment Account, unauthorized use of the Payment Account, a breach of security of the Payment Account, a freeze of assets by an administrative authority or for any other reason.
No Order may be withdrawn by the Holder or the Platform appointed for this purpose after the date on which it is deemed irrevocable, i.e. from the Date of receipt.

5 Opposition of Transaction ID and Reporting

5.1 Opposition of identifier

The Holder must inform the Platform of the loss or theft of his/her Identifier, of the misappropriation or of any unauthorized use of the Identifier or of his/her data as soon as he/she becomes aware of it in order to request its blocking. This declaration must be made: by phone call to the customer service at the number indicated in the Special Conditions or directly by e-mail through the contact form accessible on the Site. The Provider, through the Platform, will immediately execute the request to block the concerned ID. The event will be recorded and time-stamped. A time-stamped stop payment number will be communicated to the Account Holder. A written confirmation of this opposition will be sent by the Platform to the concerned Cardholder by e-mail. The Service Provider takes charge of the file from an administrative point of view and keeps all traces for 18 (eighteen) months. Upon written request from the Registrant and before the expiration of this period, the Service Provider will provide a copy of this objection.
Any request for opposition must be confirmed without delay by the concerned Registrant, by letter signed by the Registrant, delivered or sent by registered mail, or by email, to the Provider at the postal address mentioned at the head of these Terms and Conditions or at the address possibly indicated in the Special Conditions.
The Provider and the Platform shall not be held responsible for the consequences of a fax or email opposition, which would not come from the Holder. A stop payment request shall be deemed to have been made on the date and time of actual receipt of the request by the Platform. In the event of theft or fraudulent use of the Identifier, the Provider is entitled to request, via the Platform, a receipt or a copy of the complaint from the Cardholder, who undertakes to respond as soon as possible.

5.2 Contesting a Transaction

For any complaint relating to the Payment Transactions executed by the Service Provider hereunder, the Account Holder is invited to contact the customer service of the Platform or the address indicated for this purpose in the General Terms and Conditions of the Website. If an Order is executed by the Provider with errors due to a fault of the latter, the Dispute is transmitted as soon as possible to the Provider, the Order is cancelled and the Account is restored to the situation in which it was before the receipt of the Payment Order. Thereafter, the Order shall be properly represented. The Account Holder who wishes to dispute a Transaction not authorised by him or by the Platform appointed by him must contact the Platform's customer service by telephone as soon as possible after becoming aware of the anomaly and at the latest within eight (8) weeks of the Transaction being recorded in the Account. After validation of the legitimacy of the request transmitted by the Platform to the Service Provider, the latter will proceed to cancel the Order and restore the Account in the form of a temporary credit to the state in which it would have been if the disputed transaction had never been carried out. Upon investigation of the validity of the dispute, the Provider will adjust the Account accordingly and is authorized to reverse any improperly made entries. In case of loss or theft of the security device (Username and password), unauthorized transactions made before the notification of the stop payment are the responsibility of the Account Holder. Operations carried out after the stop are borne by the Provider except in the case of fraud. Charges indicated in the Special Conditions may be levied in the event of an unjustified challenge to a Transaction.

5.3 Reporting

The Account Holder may access his/her personal page on the Site at any time. On the personal page of the Site, the Account Holder has access to a statement of the Payment Transactions made on the Account. The Account Holder is invited to carefully read the list of these Transactions. The Service Provider shall make available to the Account Holder, upon written request, a monthly statement of the Account covering the previous 13 months.

6. Modification of the Contract

The Provider reserves the right to modify the Framework Agreement at any time. The modifications shall be made accessible by the Platform to all Users on the Site. Any Registrant may refuse the proposed modifications and must notify its refusal to the Platform's customer service by registered letter with acknowledgement of receipt 2 months before the date of entry into force of the proposed modifications (as evidenced by the postmark) to the address of the Provider's head office indicated on the first page. 11
If the Licensee fails to notify its refusal before the effective date indicated, it shall be deemed to have accepted the proposed modifications. The relationship between the Parties after the effective date shall then be governed by the new version of the Master Agreement. It is therefore important that the Holder consults its emails and regularly reads the Framework Agreement available online on the Site at all times. In case of refusal by the Cardholder, such refusal shall give rise, free of charge, to the termination of the Master Agreement, as well as to the transfer of the balance of the Payment Account within 13 months following the effective date of the termination in order to cover any future disputes.

7. Security

The Service Provider undertakes to provide its services in compliance with the applicable laws and regulations and the rules of the trade. In particular, the Service Provider will make every effort to ensure the security and confidentiality of the Registrant's data, in accordance with the regulations in force. The Service Provider reserves the right to temporarily suspend access to the online account for technical, security or maintenance reasons without any right to compensation. The Provider undertakes to limit such interruptions to what is strictly necessary.
However, the Provider shall not be liable to the Cardholder for any errors, omissions, interruptions or delays in the operations carried out via the Site resulting from unauthorized access to the Site. The Service Provider shall not be liable for any theft, destruction or unauthorized disclosure of data resulting from unauthorized access to the Site. In addition, the Service Provider is not responsible for the legal relationship between the User and the Registrant. The Provider shall not be liable for any fault, breach or negligence of the User or the Registrant towards each other. The Platform is solely responsible for the security and confidentiality of the data exchanged in the context of the use of the Site in accordance with the General Terms and Conditions of the Site, the Provider being responsible for the security and confidentiality of the data that it exchanges with the Account Holder in the context of the present Terms and Conditions in respect of the creation and management of the Account, as well as the Payment Transactions associated with the Account.

8. Limitation of liability of the Provider

The Service Provider does not intervene in any way in the legal and commercial relations and any disputes arising between the Cardholder and the User or between the Cardholder and the Platform. The Service Provider has no control over the compliance, security, legality, characteristics and appropriateness of the products and services that are the subject of a Payment Transaction. Each transaction carried out by the Account Holder gives rise to a contract directly between the Account Holder and the User(s) to which the Service Provider is not a party. Consequently, the Service Provider cannot be held responsible for the non-performance or improper performance of the resulting obligations, nor for any prejudice caused to the Account Holder. Notwithstanding any provision to the contrary in this Agreement, the Service Provider's liability to a Registrant is limited to compensation for direct damages as provided by law.

9. Commitments of the Licensee

The Holder guarantees that no element of his/her profile on the Site infringes on the rights of third parties or is contrary to the law, public order or good morals. He/she undertakes not to :

(i) Perform the Master Agreement in an unlawful manner or under conditions that could damage, disable, overburden or impair the Site;

(ii) Impersonate another person or entity, falsify or conceal his or her identity, age or create a false identity;

(iii) Disseminate personal data or information relating to a third party, such as postal addresses, telephone numbers, e-mail addresses, credit card numbers, etc. In the event of a breach of its obligations, the Service Provider may take any appropriate action to stop the conduct concerned. The Service Provider shall also be entitled to suspend, delete and/or block the Holder's access to the Account.

(iv) Without prejudice to any legal action by third parties, the Service Provider shall be entitled to take any legal action in its own right to compensate for any damage it may have personally suffered as a result of the Licensee's failure to comply with its obligations under this Agreement. If the Licensee becomes aware of a breach of the aforementioned obligations, it is invited to inform the Service Provider of these actions by contacting the customer service at [email protected].

10. Duration and termination

The Master Agreement is entered into for an indefinite term. It shall come into force as from its acceptance by the Holder.
The Licensee may terminate the Framework Agreement at any time, subject to 30 (thirty) calendar days' notice. The Service Provider may terminate the Framework Agreement at any time by giving 2 months' notice. Such termination shall entail termination of the entire Framework Agreement and consequently closure of the Account. To do so, each Party must send its notification of termination of the present Agreement to the other Party, by registered letter with acknowledgement of receipt, to the postal and email address indicated in the Special Conditions. The credit of the Account will be transferred within 13 months to the Holder's bank Account after deduction of the fees due and payable to the Provider. If the credit on the Payment Account exceeds

the limit indicated in the Special Conditions, the amount exceeding this limit will be transferred within 30 days following the effective date of the termination to the bank account of the Holder after deduction of the fees due and payable to the Provider. The Provider is released from any obligation once it has confirmed to the Cardholder the transfer to the specified bank account. In the event of serious breaches, fraud, or non-payment by the Registrant, the Service Provider reserves the right to suspend or terminate this Agreement by sending an email with a registered letter with acknowledgement of receipt without reason or notice. It is provided that the Master Agreement shall be automatically terminated in the event of new circumstances affecting the ability of a Party to enter into the Agreement.

11. Right of withdrawal

The Holder has a period of 14 (fourteen) calendar days to exercise his right of withdrawal, without having to justify his decision or pay any penalty. This withdrawal period starts from the day of registration as a Cardholder. The Holder must notify the Platform's customer service department by telephone or email of his or her request for withdrawal within the time limit set and send a letter of confirmation to the address of the Platform's customer service department. If the Holder exercises his or her right of withdrawal, the Framework Agreement will be terminated without charge.

12. Anti-money laundering and anti-terrorist financing rules

The Service Provider is subject to all Luxembourg and French regulations relating to the fight against money laundering and terrorist financing. In application of the provisions of French and Luxembourg law, relating to the participation of financial institutions in the fight against money laundering and terrorist financing, the Service Provider is required to inform any User for any transaction or business relationship of the origin, purpose and destination of the transaction or the opening of the Account. The Service Provider must also take all necessary steps to identify the Account holder and, where applicable, the beneficial owner of the Account and/or the Payment Transactions linked to it.
The Account Holder acknowledges that the Service Provider may terminate or postpone the use of an identifier, access to an Account or the execution of a Transaction at any time if there is insufficient information on its purpose or nature. The Account Holder is informed that a transaction carried out within the framework of the present Agreement may be subject to the exercise of the right to communication by the national financial intelligence unit. The Holder may, in accordance with the regulations, access all the information thus communicated, provided that this right of access does not jeopardize the purpose of the fight against money laundering and the financing of terrorism when this data relates to the applicant. No prosecution or civil liability action may be brought or any professional sanction imposed against the Service Provider, its managers or employees who have filed suspicious transaction reports in good faith with their national authority.

13. Personal data and professional secrecy

The Account Holder's personal data provided when opening an Account is used by the Service Provider to manage the Account and Payment Transactions. The Cardholder agrees that the contact details and personal information collected by the Service Provider under this Agreement may be transmitted to the operational service providers with whom the Service Provider has a contractual relationship for the sole purpose of carrying out Payment Transactions and services, provided that these third party recipients of personal data are subject to regulations guaranteeing an adequate level of protection. The list of third party recipients of the Cardholder's data is available upon request from the Provider's compliance officer at the following address: [email protected]. This information is kept by the Provider or any company mandated for this purpose, under the legal and regulatory conditions. The Registrant will be informed prior to any transfer of its personal data outside the European Union. In such a case, the Service Provider undertakes to comply with the regulations in force and to put in place all necessary measures to guarantee the security and confidentiality of the data thus transferred. Certain information collected and held by the Service Provider in the context of this Agreement may give rise to a right of access and rectification. Any Holder may at any time obtain a copy of the information concerning him/her by simple request to the Provider's customer correspondent at the following address: [email protected]. He can ask for a deletion or a correction of this information by writing to the address mentioned at the head of the present document. The Customer may at any time object to the receipt of commercial solicitations, change his or her contact information, or object to the communication of such information by sending a notification by registered mail or e-mail with acknowledgement of receipt to the Provider's customer service address.
The Service Provider will keep the information and personal data for the maximum legal or regulatory period applicable according to the purpose of each data processing.
The conditions of collection, holding and access to personal data collected by the Platform and under its responsibility for access to the Site, are governed by the terms of the General Conditions of the Site and the privacy policy available on the Site.

14. Inactive accounts

Any inactive Account for a period of 12 months, will be the subject of a notification of inactivity by email from the Provider followed by a reminder one month later. In the absence of a response or use of the balance credited to the Account within this period, the Provider may close the Account and maintain it for the sole purpose of transferring the amounts due to the account indicated by the Account Holder. In the event of death, the balance may only be reimbursed to the Holder's heirs. The Account may no longer be used to carry out Payment Transactions.

15. Force majeure

The Parties shall not be held liable, or considered to have failed, in the event of delay or non-performance, when the cause of such delay or non-performance is related to an event of force majeure as defined by the case law of the French courts.

16. Independence of contractual provisions

If any provision of this Agreement is held to be invalid or without object, it shall be deemed unwritten and shall not invalidate the other provisions. If one or more of the stipulations herein should become null and void or be declared as such in application of a law, a regulation or following a final decision rendered by a competent court, the other stipulations shall retain their binding force and scope. The stipulations declared null and void will then be replaced by the stipulations that are closest in meaning and scope to the stipulations initially agreed upon.

17. Protection of funds

The Account Holder's funds are deposited, at the end of the Business Day following the Day during which they were received by the Provider, in a segregated account opened in the books of a Bank under the conditions required by the regulations. Pursuant to Article 24-10 (5) of the Law of May 20, 2011 published in the Mémorial A n° 104 of May 24, 2011 of the Grand Duchy of Luxembourg and Article 14 of the Law of November 10, 2009 published in the Mémorial A n° 215 of November 11, 2009 of the Grand Duchy of Luxembourg transposing Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up and pursuit of the business of electronic money institutions, the funds collected are protected and do not form part of the assets of the electronic money institution in the event of its liquidation, bankruptcy or any other situation in which it is in difficulty.

18. Incessibility

The Master Agreement may not be assigned in whole or in part by the Licensee for valuable consideration or free of charge. It is therefore forbidden to assign to a third party any of the rights or obligations it holds hereunder. In case of breach of this prohibition, in addition to the immediate termination of this Agreement, the Service Provider may be held liable by the Licensee.

19. Fees and compensation.

The services offered hereunder are invoiced by the Platform on behalf of the Provider in accordance with the Special Conditions. The pricing for each type of offer is specified in the Special Terms and Conditions. All fees due by the Account Holder are automatically deducted from the Payment Account by the Provider. The Account Holder authorizes the Service Provider to offset at any time, including after the Account has been closed, any certain, liquid and payable debt that may remain outstanding, for whatever reason. The Service Provider may set off the funds in the Payment Account against any amount due, payable and unpaid by the Account Holder to the Service Provider. In the event of late payment of charges due and payable by the Registrant to the Service Provider, the Registrant shall be liable for late payment interest for the period from the due date until full payment. The applicable interest rate shall be calculated on the basis of twice the annual legal interest rate published semi-annually for companies. The amount of the late payment interest due shall be equal to the product of the amount of the unpaid sum by the aforementioned annual legal rate and the number of days of delay out of 365.

20. Evidence Agreement

All data recorded in an unalterable, reliable and secure manner in the Provider's computer database relating in particular to payment orders and notifications.

21. Claim

The Holder is invited to contact the customer service indicated on the Site for any claim.
Any complaint other than that provided for in Article 5.2 relating to the conclusion, performance or termination of the Framework Agreement must be notified by registered letter with acknowledgement of receipt addressed to the following department [email protected]

22. Applicable law and jurisdiction

Except in the event of application of a law of public order (which shall apply only within the strict limits of its purpose), it is expressly stipulated that the Master Agreement is subject to French law and that any dispute between the Parties under the Master Agreement shall be submitted to the jurisdiction of the competent French courts.