GENERAL PAYMENT SERVICES TERMS & CONDITIONS OF USE
Version 1.0 of 10.20.2014 "Market Place"
The Client one hand and
Lemon Way, SAS with a capital of € 860,232.53, SIRET number 500 486 915, residing at 14 Rue de Beaune, 93100 Montreuil, France (hereinafter called "Lemon Way"), approved on 24/12/2012 by the Prudential Control Authority and control ( "CARP" France, website https://acpr.banque-france.fr/) 61 rue Taitbout 75009 Paris, acting as Preparation of hybrid payment under the No. 16 568 J, on the other.
The "General Terms of Payment Services to Use" or "Terms" are available at any time on the Website (https://www.LemonWay.fr). They govern the terms and conditions of opening a payment account by LEMON WAY on behalf of the Client and the provision of payment services. The Customer should read them carefully before accepting them.
The Customer may at any time consult, reproduce, store them on their computer or on another medium, transfer by email or print them on paper to preserve them. It can also get free sending a copy by post to his address on express request to LEMON WAY.
At any time, according to law, it is possible to check the accreditation of LEMON WAY regafi.fr on the site, as a payment institution. The website of the payment institution LEMON WAY is: www.lemonway.fr
The framework contract payment service consists of these Terms, the account opening form of payment and pricing terms (the "Agreement").
These documents form an indivisible whole and the terms and conditions governing the use by Customers of the payment service provided by the company Lemon Way ( "LEMON WAY").
The terms used in these Terms shall, when used with the first letter capitalized, regardless of whether used in singular or plural, the sense defined below:
- Customer Area: Designates the personal virtual space for each customer on the website. The Customer Area is accessible by entering the mobile phone number or a valid e-mail provided by the Customer when subscribing to the payment service coupled with the entry of a secret code that Customer is the only one know.
- Recipient: natural or legal person designated by the client to receive a Payment Transaction executed by LEMON WAY under the Contract. The Beneficiary may be another Customer, a third party or the customer pays.
- Client: natural person or legal owner of the Payment Account.
- Payment Account: account opened in the books of LEMON WAY in order to include debit and credit payment transactions, fees payable by the Customer and any reversal in connection with its operations and offset these amounts the date of the debit and credit of the Account for show a net constituting the provision available to the Account. This balance must not be negative and technically statutorily
- Payment Transactions: Action of placing, transferring or withdrawing funds transfer from his account to pay, regardless of any underlying obligations between the Client and the Beneficiary, ordered by the Client.
- Payment Order: Customer's consent given following the custom device and procedures agreed between the Client and LEMON WAY, to authorize a Payment Transaction
- Commission: credit to the registered amount available Payment Account may be assigned to perform future payment transactions following receipt of a payment order of the Customer, the Account holder.
- Payment Services: LEMON WAY services under this Agreement and including the execution of transfer and acquisition of payment orders by cards and bank transfer.
- Website: Refers to the website from which Http://www.lemonway.fr LEMON WAY offers payment services.
- Partner Site: Refers to the website of the partner whose details are given in the account opening form, duly authorized, acting as beneficiary, intermediary or mediator between the Client and the Beneficiary of the Transaction payment.
- Third User: person designated by the Customer in the opening form of payment account that can read-only access to the information in the Customer Area.
3. OPENING OF PAYMENT ACCOUNT
The Customer must meet the account opening procedure of payment described below.
3.1 - Declarations prior Client
The Client, natural person or legal entity able expressly declares his ability and / or have received permissions to use the payment service provided by LEMON LEMON WAY WAY and guarantees against any liability arising for it misrepresentation .
The Customer states to act on its behalf. The Customer has the obligation to use the services provided by LEMON WAY good faith for lawful purposes only and in compliance with the Contract.
Customer individual claims to be resident in France or in the European Economic Area, or A.E.L.E; Customer corporation declares to be registered in France or in the European Economic Area, or A.E.L.E. For any other country of residence or registration, LEMON WAY to keep the possibility not to examine the application for a Payment Account to conform to the geographic scope of its authorization.
The list of countries where the approval of Establishment of Payment LEMON WAY passported is available at all times on the site https://www.regafi.fr
3.2 - Contract signing of Terms
The payment account opening form must be signed by the customer having considered the provisions of the Contract. To this end, it will either sign it by hand on a printed version sent by post to the registered office of LEMON WAY appearing on the front page of the TOS, or use the electronic signature module available to the customer on the partner site. The latter acknowledges having read, understood and accepted the Framework Agreement in its entirety.
3.3 - Documents required for identification
The Customer must send LEMON WAY electronic mail (email email@example.com) by computer transmission and upload (upload) on the computer systems of Lemon Way available in the Customer Area, by mail to the address its headquarters indicated on the front page of the following:
- A copy of a piece of readable and acceptable identity by LEMON WAY at its discretion valid as an identity card or passport,
- From a certain threshold, a copy of a second piece of identification will be requested by LEMON WAY,
- A copy of a bill (water, gas, electricity, fixed telephone operator or ADSL or cable TV, or tax payment proof received for less than 3 months, or rent receipt stating the full details of the lessor)
- Prior to any external transfer of Lemon Way to the bank Client holder Payment Account, a copy of the first page of the bank statement certifying the debit, or IBAN, each document to be older than three (3 months.
For a Professional:
- A copy of the articles of association approved by the administration (including the distribution of power), except for listed companies
- A K-BIS extract dating less than 3 months (France) or an extract from the trade register translated into English or French
- A copy of an identity document of the legal representative of the company and a second proof of identity at the request of LEMON WAY
- A copy of an IBAN in the name of the Client;
- These documents will be required for the beneficial owner of any Customer corporation.
- For associations, a copy of the official registration number and a proof of identity and residence of the President of the association or the Treasurer, as well as an IBAN in the name of the association
LEMON WAY reserves the right to request any other document or information to enable it to carry out the necessary checks to respect its legal obligations including in the fight against money laundering.
The Customer may authorize in writing or on a durable medium a third party to send such documents on its behalf LEMON WAY. It will show in the account opening form the name of the corporation designated for that purpose.
The Customer is informed that LEMON WAY retain electronic medium, for five (5) years after ending the relationship with customers, a copy of / document (s) convincing (s) used for identification.
3.4 - Opening Acceptance of Payment Account
LEMON WAY may refuse to open a Payment Account for any reason without having to justify its decision. This will not lead to any harm interest.
LEMON WAY confirms or denies the opening of its Payment Account to the Customer by sending an Email. Customer can from that acceptance to identify the partner site to find that its Payment Account is opened.
3.5 - Appointment of Third User
The Customer may designate a third party that has access to the Customer Space read only. It is stated that in some cases, opening the Payment Account will be conditioned to the designation by the Customer partner operator in the Partner Site Third-quality user in the operation of the service offered by the Partner.
With this designation, the Customer expressly lifts the secrecy in favor of the designated partner. It limits access to its Customer solely consultation as part of the realization of the services offered through the Partner Site to the exclusion of any other use. This information may be disclosed to third parties except subcontractors partner involved in the provision of services offered by the Partner Site.
LEMON WAY provide to Third User ID and a personal access code. In any case, the Customer is authorized to transmit to the partner or other third party's ID and password.
4- TO CREDIT PAYMENT ACCOUNT
4.1 - Map
Client may make feeding her Payment Account by debiting the account that is associated with his credit card or payment issued by another institution.
The payment order is deemed irrevocable following the framework service contract between the issuer of the card and the holder Customer upon data entry of it or if registration of the card, from entering the cryptogram. LEMON WAY will provide the Customer an authentication mechanism by the issuer involving the seizure of a single-use code sent by the transmitter on the mobile phone of the Customer. This code must be entered when registering the card and for every order for future payments.
Customer can save and change at any time in the Customer Area of (the) card (s) of payment for supplying their payment account, by clicking on "Save my credit card number or payment for the next use" . The Client shall confirm to each subsequent payment order enter the security code of the card.
LEMON WAY can refuse registration of the credit card or payment, or cancel at any time this backup for safety. The Customer must in this case enter the numbers of the credit card or payment during each feeding her account.
LEMON WAY setting ceilings which may be more restrictive than the ceiling of the issuer of the credit card or payment in the interest of protecting the wearer Client. Unique ceilings, for 24 hours, annual, and all forms of restrictions are enforced by the platform for the fight against fraud.
The Client is informed that any transaction that may result in exceeding the applicable limits will be automatically rejected by the system LEMON WAY.
Any transaction by credit card or payment, which would be subject to an unpaid, rejection or opposition will have its automatically deducted by Lemon Way amount of the Provision of Payment Account. If the provision is insufficient, LEMON WAY is authorized to use all legal remedies against the Customer to recover the amount due. In addition, LEMON WAY will be entitled to refuse the execution of all future remittances made through the card that led to the incident.
Unpaid processing fees, rejections or objections may be taken by LEMON WAY, up to 15% of the amount concerned, never exceed 20 euros, in accordance with Article L. 133-19 of the Monetary and Financial Code .
4.2 - By transfer from another Payment Account
A Payment Account can also be powered by transferring a payment account with a Client payer to a payment account of the payee.
The payment order is received in accordance with item 5.1 on behalf of the Beneficiary.
4.3 - Deadlines funds from the Account
LEMON WAY enroll the funds resulting from the acquisition of a payment order by card or bank transfer as soon as possible and before the end of the business day on which they were received by LEMON WAY accordance with paragraph 4.1 and real-time for transfers made in accordance with item 4.2.
5- A DEBIT PEIEMENT STATEMENT BY TRANSFER
5.1 - Initiate a Payment Order
LEMON WAY provides a payment service that allows customers with a Payment Account to instruct LEMON WAY, to execute a transfer subject to the provision of the Account is greater than the total amount of the transfer (fees included). In case of insufficient funds, the Payment Order will be refused. The payment order must contain the following information:
- The amount in euros;
- The Beneficiary identified with his payment account number;
- The date of the transfer is delayed the order of the given client when entering the bottom of the transfer, executed when the condition is met, ie the gauge is reached. The appointment will be the end of the subscription period, provided that the gauge is reached.
The client must authenticate by entering its Payment Account IDs on the Client secure space on the Website. It must dial to confirm his order a single-use code to confirm his order.
If the Provision of Payment Account is insufficient, the Customer may proceed with supplementary feeding to obtain adequate provision for making payment. The authorization of the payment order is subject to the receipt of the additional funds with the provision in an amount sufficient to execute the Payment Transaction.
LEMON WAY reminds the customer when the payment currency account differs from the bank account to which will make the transfer of funds, exchange fees or service may be charged by the bank where the bank account Customer is open.
LEMON WAY can not be held responsible if the bank details indicated in the Customer to transfer requests are incorrect or not updated.
It is the responsibility of the Client to check and update their billing information in the Customer Area. waste fee may be charged to the client, see "CONDITIONS OF LEMON WAY TARIFF" tab.
5.2 - Finality of a payment order
The payment order validly given by a Client is irrevocable from entering a single-use code in accordance with 5.1, the Client will not be able to request cancellation.
It is stated that in some cases, the Customer may initiate a collective order including a transfer initiated by card funds under paragraph 4.1 above and an order of payment by transfer to the payment account of a designated beneficiary on a date data. The payment order will be deemed irrevocable as of the data entry of the card as described in 4.1.
LEMON WAY does not perform recurring transfer.
5.3 - Amounts applicable limits and boundaries
The Client is subject to the following standards ceilings:
- If the Customer is an individual, he is informed that he will be applying a ceiling of € 2,500 per calendar year and EUR 250 per expense. To use the Payment Account beyond these amounts LEMON WAY for Customer additional identification documents. LEMON WAY will make available the new ceilings on the Customer Area of each of them, including the maximum amount of accumulated monthly transfers made from the Payment Account.
- If the Customer is a legal person. LEMON WAY systematically ask all identification documents required before the opening of the Payment Account. It will make available the ceilings applicable to the Customer Area of the latter and in particular the maximum amount of accumulated monthly transfers made from the Payment Account.
Any Payment Transaction risk of exceeding the ceilings for the amount of accumulated monthly payments will be automatically rejected by the system LEMON WAY.
Other ceilings or order blocks can be activated at any time by LEMON WAY if risk of fraud.
LEMON WAY reserves the right to reverse a payment operation, if the operation of transfer of funds by credit card or payment used to credit the Payment Account to perform this operation is rejected or canceled by the issuer map.
5.4 - Timelines
The maximum time of execution of payment services, in accordance with the Decree of July 29, 2009, application of Article L.314-2 of the Monetary and Financial Code, are:
- A Payment Transaction initiated a business day will be executed at the latest by LEMON WAY next business day if made in euros to the benefit of a credit institution located in a European Union member state;
- A Payment Transaction initiated a business day will be executed at the latest by LEMON WAY later than the end of that business day if made in euros to the benefit of another Payment Account.
6.1 - In operation
When a Payment Transaction is completed, the LEMON WAY System automatically sends an email confirmation of Operation Customer who initiated the payment order. This email contains all information related to the Payment Transaction which were communicated to LEMON WAY System, such as the identity of the beneficiary, the description of the Payment Transaction, the amount, the date and time payment Transaction and any special conditions of payment. The information contained in the confirmation email will also be available in the Customer Area.
All payment transactions will be included in a Statement made in real time to each Payment Account. The Customer can view their Statement on the Secure Client Area.
Customer will have access to payment accounts Statements containing all the listed payment transactions to debit and credit account.
LEMON WAY will make available on its personal account an annual statement of expenses in the month of January each year. A notification will be sent to inform him of the launch of this document.
The consultation period was held for two (2) year over the current year. It is however recommended to the Client regularly print their statements. However, previous transactions remain viewable after requests to the customer service. LEMON WAY keep on filing electronically, during the applicable regulatory limits, records and documents made payment transactions.
7. TERM OF AGREEMENT AND EFFECTIVE DATE
The Agreement is effective upon the signing of the Framework Agreement by the Client and for an indefinite period.
The Customer has a period of fourteen (14) calendar days to give toll contract. This period starts from the day the contract is concluded is to say, the day the Client has accepted these Terms and Conditions. During this waiver period, the contract may not begin at the express request of the Customer. Customer acknowledges and agrees that any payment instruction addressed to LEMON WAY before expiry of the period for withdrawal, constitutes an express request of the Customer to perform the Contract. The Client will not be entitled to cancel a payment instruction that would have given and confirmed during the cancellation period.
This right of withdrawal may be exercised by the Client without penalty and without giving any reason.
The Customer is required to notify its waiver decision in LEMON WAY by registered letter with acknowledgment of receipt at the headquarters of LEMON WAY included in the definition LEMON WAY (in the introduction of these Conditions) before the end of the fourteen day period. If the Customer does not exercise its right of withdrawal, the contract will be maintained in accordance with these Terms. He will have to terminate the Agreement comply with the termination provisions of Article 19.
The claims against the relations between two clients or between a client and a third party are not eligible to LEMON WAY Only those on the absence or poor execution of a payment order given by the Customer to LEMON WAY are covered by this article and the Agreement.
Claims (disputes, rights of opposition, access and rectification, etc.) may be exercised free on request by email to LEMON WAY to the following email address: firstname.lastname@example.org or by mail to following address:
LEMON WAY Company
14, rue de Beaune
Any dispute or query regarding:
- Malfunction of one of the features of the payment service provided by LEMON WAY or the Website,
- To information provided by the system or LEMON Lemon Way WAY under the Payment Service,
- An error in the execution of a payment or its non-performance,
- An error in the sampling commission, tax or bank charges by LEMON WAY,
must be notified to LEMON WAY by the Client as soon as possible after the date on which the Customer became aware or is presumed to have knowledge (especially considering its viewing habits of its Customer Area and the date and time of his last access to his Main Account) or such longer period provided by special provisions or by law.
In accordance with recommendation 2011-R-05 of the ACPR of 15 December 2011, an acknowledgment will be sent within ten days maximum. Claims will be processed within maximum two months of receipt.
A complaint reporting form is also available on our website: http://www.lemonway.fr/reclamation
Failing amicable agreement, the Client acting for non-professional needs may apply by letter to an independent mediator can be entered free of charge in case of dispute arising from the application of these, the Ombudsman of AFEPAME 36 rue Taitbout 75009 Paris, and without prejudice to other means of legal action.
In consideration for the provision of payment services to the Customer, LEMON WAY receive remuneration in the amount and the conditions are indicated on the Website Partner in the "RATE CONDITIONS" tab. Rates quoted are end prices and include the partner commissions and those of LEMON WAY.
10.1 - Username and password
Upon activation of the Customer Area, Customer selects PIN access to the Customer Space, this code will be asked for any subsequent connection. The Client is solely responsible for the use and conservation of its ID and password. The Client is solely responsible for the preservation of its computer equipment and agrees to keep secret his Payment Account Identifiers (including for this purpose, to immediately delete the e-mail sent by LEMON WAY containing a temporary password ). Customer is responsible to ensure, under its own responsibility, that the parameters of its email filtering system (spam or otherwise) or the state of his email inbox (possible capacity limitation) enable it receive emails automatically sent by the system Lemon Way.
The Customer undertakes not to communicate to third his ID.
10.2 - Reporting requirements
The Customer is obliged to immediately inform LEMON WAY, suspected of access or fraudulent use of his payment account or any event that could lead to such use, such as and not limited to: the loss, accidental disclosure or misappropriation of his payment account identifiers, unauthorized access to any or all of the Client Area or an unauthorized transaction.
This notification must be made by sending an email to the following email address: email@example.com and be confirmed by mail to the following address:
LEMON WAY Company
14 rue de Beaune
10.3 - Prevention
LEMON WAY will make its best efforts to prevent further use of the payment account.
LEMON WAY has set up a protection procedure against the risk of 'phishing' or identity theft called "phishing Key" which is secret information (a date, a sentence, a word or a series of number) informed by the Client during registration and modifiable by him at any time from the Customer Area. The anti-phishing key also allows the Customer to check in a telephone call that he is in touch with a customer advisor Payment Service.
Customer with a payment account must check that the correspondence (emails, letters, fax) addressed to it on behalf of LEMON WAY or payment service well contain its anti-phishing key.
The Client is informed that any correspondence that does not contain its anti-phishing key is deemed not to have been sent by the system or LEMON WAY Lemon Way. LEMON WAY is not responsible for fraudulent acts of third parties which would indicate the wrong information concerning the alleged execution of payments or transfers between accounts LEMON WAY through the Payment Service.
LEMON WAY never ask a customer to provide their password, by any means whatsoever, either by telephone or by email or by SMS, or by registered mail or by any other means.
The Partner also has its own secure communication with the Client.
LEMON WAY inform you that as part of the payment service, cookies (files sent by the LEMON WAY server and register on the hard drive of the user's computer) are used. These cookies are used primarily to improve the functioning of the payment service especially in terms of speed.
These cookies allow either:
- To keep active identification performed at the opening session of the Customer, so that the customer does not have to reenter his Payment Account IDs for each page accessed on the Website. These temporary cookies automatically expire when the Customer closes its session or closes his browser.
- To keep the customer's email address in the application form the Client session on the Website. With this cookie Customer's e-mail address is displayed each time you open the Customer Area.
10.5 - Website Outage
LEMON WAY undertakes to implement all reasonable means at its disposal to ensure access to the Website. LEMON WAY does not guarantee continuous, uninterrupted to the Website. LEMON WAY accordingly can not be held responsible for the delay and / or non-accessibility to the Website or WAY LEMON system making impossible the execution of a Payment Transaction or in case of partial or incorrect execution soon when they result from factors beyond the reasonable control of LEMON WAY.
The Customer is informed that LEMON WAY can interrupt occasionally access to the Website or to any or all of its services:
- To allow for repairs, maintenance, feature additions,
- For any hacking attempt suspicion of embezzlement or any risk of prejudice,
- On instructions or requests from individuals or empowered authorities.
- The execution of transactions on the Payment Account,
- The closing of the Payment Account.
Whenever possible, and unless legal or regulatory prohibition, LEMON WAY inform the Customer within a reasonable time. LEMON WAY can in no way be held responsible for damage caused possibly of these suspensions.
Upon resumption of normal service LEMON WAY implement reasonable effort to treat the expectations transactions promptly.
10.6 - Opposition to the security device
The Customer may oppose by contacting Lemon Way on support@lemonway.Fr Email or phone number: +33 1 48 18 19 30
A record number of this opposition is communicated to the Customer and is preserved for 18 months. Upon written request of the Customer and before the expiry of that period, LEMON WAY transmit a copy of this opposition.
LEMON WAY can not be held responsible for the consequences of an opposition that does not emanate from the Customer. The opposition request is deemed to be the effective date of receipt of the request by LEMON WAY or any person authorized by him for this purpose. In case of theft or fraudulent use, LEMON WAY is entitled to request a receipt or a copy of the complaint to the Customer who undertakes to respond as soon as possible.
LEMON WAY block access to payment account and make in-operational Customer's Payment Account IDs. New password will be sent to the Customer, in the same way they have been transmitted the first time at the opening of his Payment Account.
Pursuant to Article L. 133-22 of the Monetary and Financial Code, LEMON WAY is responsible, subject to Articles L. 133-5 and L. 133-21 of the Monetary and Financial Code, the proper execution of Operation payment in respect of the Customer pays to receipt of funds by the payment service provider of the Beneficiary of the payment Transaction. When LEMON WAY is responsible for a poorly executed Payment Transaction by his fault, LEMON WAY forthwith return the amount to the payer and restores the debited account in the situation that would have prevailed if poorly executed Payment Transaction had not place.
The Client acting for non-professional needs who wishes to challenge a Payment Transaction not authorized by him must contact Customer Service in accordance with Article 8 as quickly as possible after obtaining an understanding of the anomaly and at the latest 13 months in the next entry in the payment Transaction. When using the safety device, unauthorized transactions made before notification of the opposition to the Customer's load acting for non-professional needs, within the limit of 150 euros. However, the responsibility of LEMON WAY is not liable for any fault of the Customer, such as a voluntary or constitute a breach of gross negligence on its obligations, late transmission of the opposition or in bad faith. In case of misuse of its data or counterfeit, losses resulting from past operations before the opposition by the Client acting for non-professional needs are supported by LEMON WAY, except in cases of misconduct as defined above. Payment Transactions carried out after the opposition of the Customer acting for non-professional needs are supported by LEMON WAY except in cases of fraud.
LEMON WAY is not entitled to cancel an irrevocable payment order on request of the Customer.
In no event LEMON WAY is responsible for direct and / or indirect, such as commercial loss, loss of customers, any commercial problems, loss of profit, loss of brand image suffered by a customer, or a third party and benefits that could result from LEMON WAY or the implementation of the platform Operations, or its unavailability. Any action against a Customer by third parties is considered an indirect, and therefore does not qualify for compensation.
Unless otherwise specified in these Terms or mandatory laws and without prejudice to other causes of exclusion or limitation of liability set out herein, LEMON WAY will in no event be liable for any damage caused by a case of strength majeure or an event beyond its control or any action or legislative measures taken by the French or foreign authorities. Are deemed to constitute a case of force majeure or an event beyond its control, including but not are not limited to: a power outage, fire or flood, strike its staff or its sub contractor or supplier, malfunction of interbank payment systems or credit card, war, disturbances, riots or occupation of territory by foreign forces, negligence of third parties in the sense of jurisprudence and doctrine such as the persons responsible the supply of electricity or telecommunication services.
12- PROTECTION CUSTOMER FUNDS
LEMON WAY keep the funds credited to the Client's Payment Account at the end of each working day to an account opened with BNP Paribas cantonment.
13- OFF PAYMENT ACCOUNT
A Payment Account is deemed inactive if:
(I) the Payment Account has been no Payment Transaction for a period of twelve months during which, debit entry LEMON WAY out by taking account of fees and expenses of any nature and
(Ii) the Customer Account holder, his legal representative or the person authorized by him has not manifested in any form whatsoever, from LEMON WAY, or
(Iii) Following a period of 12 months following the death of the Client .. The Customer and its successors are hereby informed of the consequences attached to it.
The assets included in the inactive Payment Account are deposited with the Caisse des Dépôts et Consignations at the end of a period of ten years from the date of the last payment out Operation enrollment rates by taking into account LEMON WAY fees and commissions of all kinds. Except in case of death of inactive payment account holder where registered assets are deposited with the Caisse des Dépôts et Consignations at the end of a period of three years from the date of death.
14. INTELLECTUAL PROPERTY
No intellectual property right relating to the use of the payment service or services provided by LEMON WAY through the system is transferred to Customer under these Terms and Conditions.
The Customer undertakes not to infringe the rights held by LEMON WAY, by refraining particular, any reproduction or adaptation of all or part of the component intellectual and material elements LEMON WAY system and its accessories, and regardless the medium, present and future.
All rights to the software LEMON WAY System are the full property of the company LEMON WAY. They are part of its manufacturing secrets and confidential information without regard to the fact that some components may or may not be protected in the current state of the law by intellectual property rights.
LEMON WAY of software system and, if applicable, documentation, are recognized by the client as intellectual work that it and its staff members are obliged to consider it as such by avoiding of the copy, reproduce, translate into any language or language, adapt, distribute them free of charge or, or add them all nonstandard object to their specifications.
The brand "Lemon Way" is the property of the company LEMON WAY. The Customer agrees not to remove the mention of the name "Lemon Way" on any item provided or made available by LEMON WAY, such as software, document or advertising banner.
The Customer undertakes to respect strict confidentiality concerning all technical, commercial or other proceeding to which the Client becomes aware in connection with the execution of the payment service.
This confidentiality obligation shall remain in force for the duration of the subscription payment service and for three years after the Contract termination date. This confidentiality obligation does not apply to information that is or becomes publicly available through no fault of the Customer.
The Parties recognize that payment transactions are covered by professional secrecy under Article L.519-22 of the Monetary and Financial Code.
16. COLLECTION AND PROCESSING OF PERSONAL Factbook
The company LEMON WAY complies with all applicable requirements of protection of privacy and in particular the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data (privacy law ), as amended. According to the law, LEMON WAY has made the declaration of data processing personal data to the CNIL.
The LEMON WAY company collects and stores the personal data that the Customer has voluntarily provided. So are particularly deemed to be personal data relating to the Client individual data on their identity, telephone number, email address, his home, his card number or bank account, the transaction or transfer , the IP address of the computer.
The Client is informed and agrees that LEMON WAY in his capacity as head of the collection processing proceeds to operations on personal data for purposes of:
- Compliance with any applicable law or regulation, including prevention of money laundering and terrorist financing,
- Treatment / management and archiving of transactions,
- Control and prevention of incidents and irregularities (fight against fraud and any other type of abuse)
- Central customer management,
- Application processing of the Customer,
- Achievement tests, surveys and statistics,
- Training of staff assigned to the payment service,
- Control the quality of service,
- And proposed new services
The customer is informed that their personal data may be registered in one or more files in compliance with the applicable legislation and accepts that the data collected are recorded and processed in accordance with previously stated objectives.
Customer agrees that personal data strictly necessary for the realization of at least one of the purposes mentioned above or that is required under the applicable regulations, is supplied by LEMON WAY:
- Subcontractors and outsourced service providers whose intervention is necessary,
- Beneficiaries of the Payment Transaction or the intermediary who put in contact the Customer and the Beneficiary of the Payment Transaction for the proper implementation thereof.
Customer agrees that the communication of personal information to such persons can be done in accordance with the conditions defined above, to another country of the European Union and also to a non-member country of the European Union which guarantees a level of protection adequate having regard to the law of 8 December 1992 on the protection of privacy.
The Customer has a right of access to personal data and is informed that he can consult at any time the information he provided to LEMON WAY in the Customer Area. The Client has the right to rectify inaccurate data concerning him, he is informed by LEMON WAY he can change certain personal information from its Customer Area.
The Customer's opposition right may be exercised at LEMON WAY for treatments envisaged for services of payment or other products or services promoted by LEMON WAY.
The rights of opposition, access and rectification may be exercised free on request by email to LEMON WAY to the following email address: firstname.lastname@example.org or by mail to the following address:
LEMON WAY Company
14, rue de Beaune
17- EVIDENCE AGREEMENT
Communications made via email and via the Customer Area available on the Website are communication modes properly admitted as evidence by the Customer LEMON WAY.
All information stored in computer databases Lemon Way system including related instructions and confirmations of payments received from customers, the demands of Withdrawal and execution of operations by LEMON WAY, notifications sent by the client and / or LEMON WAY, have, until proven otherwise, the same force that a signed writing on paper, both as regards their content in regard to the date and time at which they been made and / or received. These traces unalterable, secure and reliable are engraved and stored in computer systems LEMON WAY.
Documents LEMON WAY reproducing this information, including copies or reproductions of papers produced by LEMON WAY have the same probative value as the original, until proved otherwise.
18- LOCK ACCOUNT
The temporary and immediate suspension of a payment account may be decided by LEMON WAY for any reason at the discretion of LEMON WAY including:
- If the Customer has not complied with the provisions of the Contract,
- If the Customer has provided LEMON WAY inaccurate identification data, not current or incomplete
- In case of risk of fraud, money laundering or terrorist financing or risk that may affect the security of payment account or LEMON WAY System;
- Substantially increased risk of disability cases by the Customer to fulfill his obligation to pay,
- If approved by LEMON WAY a large number of redemption, cancellation of orders or complaint for unauthorized orders.
This decision is motivated and notified to the Customer by any means. Suspension of Payment Account designed to protect the Customer, it will in no case lead to the payment of damages in favor of the latter.
The reactivation of the Payment Account will be at the discretion of LEMON WAY.
Depending on the seriousness of the breach of the Terms and especially if the Beneficiary has sold illegal products, LEMON WAY reserves the right to terminate the Agreement in accordance with Article 19.
Customer may legally terminate the contract that prevail closing his letter by Payment Account with advices following compliance with a notice of one month. He must maintain adequate provision to ensure the successful completion of current payment transactions during the period necessary for their settlement and payment of fees owed by him.
LEMON WAY can automatically terminate the contract which prevail closing of its Payment Account by registered letter with acknowledgment of receipt following a two-month notice.
In case of serious breach of a Party, the Framework Agreement may be terminated with immediate effect upon written notice by the other Party. It is understood by serious breaches made by the Client: false reporting, exercise illegal, immoral, money laundering or terrorist financing threats against LEMON WAY attendants or Partner , default, disrespect of an obligation of the Customer hereunder, termination of relations between the Client and Partner, indebtedness or for people moral appointment of an ad hoc representative, a judicial administrator opening a reorganization or liquidation. It is understood by serious failures made by LEMON WAY: false reporting, disrespect of an obligation hereunder, appoint an ad hoc representative, a court administrator, opening a reorganization or liquidation .
In case of modification of the applicable regulations and the interpretation thereof by the relevant regulatory authority affecting LEMON WAY capacity or agents to perform payment transactions, the Agreement shall automatically terminate .. The Customer can no longer transmit payment order from the effective date of termination. The account can be maintained for a period of 15 months due to cover any subsequent disputes and claims. Payment transactions initiated prior to the termination takes effect will not be jeopardized by the termination request and must be implemented in terms of the Contract.
Termination of the Agreement results in the permanent closure of the Payment Account. The closing of a payment account can not give rise to compensation regardless of the damage caused by the closure of the Payment Account. The customer whose account was closed by LEMON WAY is not allowed unless expressly agreed LEMON WAY, to open another Payment Account. Any open Payment Account in violation of this provision may be immediately closed by LEMON WAY, without notice.
The Provision on the subject of the fence Payment Account will be entitled to a transfer to the Customer account holder following his instructions subject of ongoing operations and outstanding potential, bank releases or upcoming opposition. If a successor is appointed by LEMON WAY, it will be offered to the Customer to close its payment account and transfer the provision of a new payment account opened in the books of the institution designated as successor.
LEMON WAY reserves the right to seek legal compensation for the damage it has suffered due to the breach of the Agreement. The closing of the Payment Account may result in costs within the limits of article L. 314-13 of the Monetary and Financial Code.
20- MODIFICATION OF THE CONTRACT
Contract of the proposed amendment is communicated on paper or on another durable medium to the Customer at the latest two months before the proposed effective date for its entry into force.
In the absence of written protest by registered letter addressed to LEMON WAY by the Customer before the expiry of that period of two months, it is deemed to have accepted these changes. In case of rejection of the proposed amendment, the Customer may terminate the Agreement upon written request without charge before the proposed effective date thereof. This issue does not affect all flows (fees, dues, payment) which the Customer is liable.
21- SPECIFIC PROVISIONS APPLICABLE TO CLIENTS INDIVIDUALS
21.1 - Death
In case of death of the Customer holder of the Main Account, LEMON WAY must be notified as quickly as possible by the rights holder or their agent. If the notice is given orally, it must be confirmed in writing. Upon receipt of such written LEMON WAY ensure that no operation is performed on potential assets and will close the Customer, which will result in the closure of the Main Account.
If the assets LEMON WAY that holds the name of the deceased exceed the costs to bear the costs of withdrawal, they may notwithstanding Article 17 of these Conditions, subject to a withdrawal in favor of ayants- rights only in case of production by the rights holders or their agents of supporting documents, under the applicable law, establishing the devolution of the estate and any other piece LEMON WAY deem necessary.
Failing to transfer for any reason whatsoever, including the lack of production of a supporting document to LEMON WAY, the provisions of Article 13 of these Conditions shall apply to the provision. Except in case of death of the account holder that the assets included in the account inactive payment deposited to the Deposit and Consignment Office at the end of a period of three years from the date of the holder's death.
22- SPECIFIC LEGAL PERSONS FOR CLIENTS
In the case where the rate of fraud credit card or any other means of payment used by payers, is greater than 0.2% on average of the total monthly payment amount, LEMON WAY reserves the right to apply penalties.
The payments are not guaranteed by LEMON WAY.
Customer corporation must meet the Visa and MasterCard rules, particularly regarding its activity.
A declaration of activity and risk classification is given to the Customer legal person entering into a relationship, and then signed by the Client. At any moment, the activity should be legal, and consistent with the nature of the activity stated in the said form. Activities, even legal, not accepted by LEMON WAY, listed on the form itself.
LEMON WAY affects debit account for payment of legal persons, rejected transactions, such as chargeback and other penalties that may be imposed by VISA or MASTERCARD.
If paperwork would be required under the implementation of these General Terms, LEMON WAY and Customer lend mutual assistance for the regularization of these formalities.
If any non-substantial stipulations of the General Conditions is invalid under a law that applies, it will be deemed unwritten, but do not invalidate these Terms and Conditions.
The failure of either party not to claim a breach by the other party to any obligations contained herein shall be construed for the future as a waiver of the obligation in question .
In case of difficulty in interpreting any of the titles and any of the clauses of the General Conditions will not be given the title.
The Customer may give a person power to make its payment account and under its full responsibility for payment transactions as defined in the proxy. The form is provided online on request and must be returned to LEMON WAY. The proxy shall take effect only receipt by the form duly completed and subject to acceptance by LEMON WAY. This will be notified by any means. It automatically stops at the Customer death. It may be revoked at the initiative of the Customer, which shall inform the attorney and LEMON WAY by registered letter with acknowledgment of receipt. The termination is effective from the date of receipt of termination by LEMON WAY. The Customer remains liable for payment transactions initiated on behalf until that date by the designated agent.
The Customer expressly LEMON WAY up of confidentiality on data of Payment Account in respect of a representative appointed by the proxy.
24. APPLICABLE LAW AND COURTS
These Conditions are governed by French law.
Default becoming evident, any dispute relating to their execution, interpretation or validity, be brought before the courts and tribunals and failing to Paris.