When, like me, you need to do your taxes you must declare a no. 3916 (DECLARATION by a RESIDENT of an account outside FRANCE) you may have been surprised and panicked. This is what has happened to many customers of Lendix. Indeed lendix works well in France, but its provider which holds it money (lendix n has not, by the AMF the right to hold money) is Belgian. At the time, according to the law, you must declare any account abroad, even if it serves as a transition (account paypal etc). Finally say that to be exact, we do not know if we really need to declare this account as foreign account for 10 or €20. But in doubt we interpret the code of taxes in a cautious manner and in this case, Lendix gives you a statement to give your paper tax or copy if your taxes are in digital version.
In short you have so a statement more to give, but don't worry, don't panic. You will not be considered as fraudster or anything (this is an idea widely used in France to believe that having an account abroad is a fraud.)
However be careful not to confuse income abroad and account abroad. In Lendix your income are french and that is why they give you an IFU (single tax form, not as in scams). However if like me you had money at bondora, the you must do a revenue abroad plug + account abroad (2 times if one is careful, 1 if it is less, because bondora yet abroad and its bank in another country, Norway).
In the end a leaf to give more and a few lines to copy on your statement:
- Tax levy line credit: 2 GB
- Other income already subject to levies line: 2BH
- Earnings line: 2 TR
example: my sheet of taxes (ps j have made any anonymous, not messing around either, FYI c is very little even for someone who earns little, yeah I'm diversified.)
Why this change?
I assumed that the french were panicking, have shouted to the scandal and were afraid, short complicate and boring (while it's very simple). Suddenly I think as lendix, for reasons of simplification to simply change to the finsquare provider, they have purchased. Practical, simple and effective, thanks lendix.
A few screens of the two protagonists
That found in the General conditions. (good luck to read)
Change of service provider to payments in April 29, 2016
Hereby we inform you that, effective April 29, 2016, Lendix change of provider of payment services and migrate the service rendered in France until then by the company Ingenico Financial Solutions (Ingenico FS) payment Lemon Way.
- Continuity of the Lendix accounts opened before April 29, 2016
By application of the Lendix terms and General Conditions and specific of Ingenico FS, Ingenico FS provides a service of accessory electronic money to the lending service offered by Lendix, therefore the migration of the service rendered until then by Ingenico FS at Lemon Way doesn't have to result in the closing of your account Lendix and loans outstanding.
The user wishing to close its Lendix account and reimbursement of funds must await the arrival of the term of any loan agreements as provided for in article 8 of the terms of Lendix.
Any claim relating to movements on your Lemon Way account made effective April 29, 2016 should be addressed to Lendix or Lemon Way.
- Subscription account Lemon Way
To ensure the continuity of service accounts Lendix and current loans you must open a payment account Lemon Way, close your Ingenico FS account and accept that electronic money funds on your Ingenico FS account be reimbursed directly to your new account Lemon Way.
To this end, on your first login on the Lendix site, just sign the contract framework for opening of account payment Lemon Way and to authorize the repayment of the balance of your account Lendix at Ingenico FS to your Lendix account in Lemon Way.
Attention: Bank details for transfers to your account Lendix change. The new coordinates are available on your portfolio space.
Benefits of migration:
The Lemon Way partner bank is based in France: you won't need to declare an electronic money account abroad, and your incoming transfers will be easier to perform.
Lemon Way will allow us to significantly reduce the monthly repayments periods to your accounts.
For the Finsquare lenders, who are already using Lemon Way, the transition will be facilitated.
Subject to compliance with the provisions of article 8 of the terms of Lendix, in the event that you expressly refuse such a migration and would like to terminate your contractual relationship with Ingenico FS, Ingenico FS will take note of such termination and proceed with the reimbursement of your Ingenico FS account on your bank account balance.
- Modification of terms and conditions implemented by Ingenico FS
In accordance with article 6 of the General Conditions Ingenico FS, we inform you that clauses relating to repayment terms are amended to provide for the payment of the balance on your account Ingenico FS on account Lemon Way in order to ensure the continuity of the Lendix service, in accordance with article 8 of the CGU Lendix.
The below outlined amendments enter into force no later than within a period of two months from the present (i.e. June 28, 2016):
-' clause F – reimbursement: each application for reimbursement (total or partial) of electronic money shall be made by the user from the Lendix account on the Site internet www.lendix.com. ". Each application for reimbursement may be prior identification of the user, in accordance with the Clause J below, and the refund may be made only on an account with a provider of payment service established in the (Single Euro Payments Area SEPA) single European payment area or a Lemon Way (number SIRET 500 486 915 account (, domiciliée àle 14 rue de la Beaune, 93100 Montreuil, en France (ci-dessous appelée «Lemon Way»), approved on 12/24/2012 by the authority of prudential supervision and Regulation as hybrid establishment of payment, under the number 16 568) and only under the conditions specified in the terms of Lendix.
–Article 3 (last paragraph): termination of these terms, Ingenico FS will reimburse the positive balance recorded, where applicable, to the account of the user or account Lemon Way of the user and only under the conditions specified in the terms of Lendix, according to the procedures of reimbursement indicated in article 4.8 below. '' . ».
–' Article 4.8 (last two paragraphs): refunds cannot be made on an account with a service provider of payment established in the area of payment single European (Single Euro Payments Area SEPA) or a Lemon Way account and under the conditions specified in the terms of Lendix. '' Any application for refund on another account will be denied. »
- Termination of account Ingenico
Failing such express acceptance on your part regarding migration under the conditions laid down in point 2. Above, and said that the services offered by Ingenico FS being incidental to the service Lendix, Ingenico FS informs you that the contract that you signed with Ingenico FS will be terminated ipso jure by Ingenico FS on the expiry of a period of two months to run from April 29, 2016.
By application of articles 3 and 6 of the General Conditions Ingenico FS and subject to compliance with article 8 of the terms of Lendix, you can terminate the contract with Ingenico FS, by notification published on the website of Lendix or, if this is not possible, addressed by registered letter with request for acknowledgement of receipt to Ingenico FS.
PAYMENT SERVICES FRAMEWORK CONTRACT
General conditions of use of payment Services
The holder of a share
Lemon Way, SAS with a capital of €860.232,53, number of SIREN 500 486 915, domiciled at 14 rue of Beaune, 93100 Montreuil, France (below called 'Lemon Way'), approved on 12/24/2012 by prudential and Regulation Authority ("Capra", France, site internet http://acpr.banque-france.fr/) 61 rue Taitbout 75009 Paris, hybrid establishment of payment as, under the number 16 568 J on the other hand.
The framework contract of payment services is comprised of these terms.
The holder may at any time consult them, replicated, store them on their computer or on another medium, transfer them by e-mail or print them on paper to keep them. It can also get free sending a copy by mail at its address on express request from LEMON WAY.
At any time, in accordance with the law, it is possible to check the approval of LEMON WAY on the website regafi.fr as a payment institution. The website of payment LEMON WAY is as follows: www.lemonway.fr
These "Conditions General of use of payment service" or "TOS" are available at any time on the website (https://www.LemonWay.fr). They govern the terms and conditions of the opening of an account for payment by LEMON WAY on behalf of the holder and the provision of payment services. The licensee is invited to read carefully before accepting.
The terms used in these terms will, when they are used with the first letter capitalized and regardless the fact that they are used in the singular or in the plural, the following meanings:
- Beneficiary: person or entity designated by the licensee as the recipient of a transfer from the payment account. The beneficiary must be the holder of an account in the books of a third PSP. The beneficiary may be the account holder.
- Framework contract: contract of payment as defined in article L.314 – 12 of the French monetary and financial Code between LEMON WAY and holder consisting of these terms.
- Payment account: account in the books of LEMON WAY in order to enter the debit and credit payment transactions, costs owed by the holder and any reversal in connection with its Operations to offset these amounts at the date of their registration for the purpose of bring up a net balance.
- Payment transactions: consisting of action to pay, transfer or withdraw funds from or destined to the payment account, irrespective of any underlying obligations between the payer and the beneficiary.
- Payment order: consent given following the custom device and the procedures agreed between the licensee and LEMON WAY, to authorize a payment transaction.
- Partner: commercial company operating the Site partner appointed as agent by LEMON WAY.
- Provision: available amount to the credit of the account of payment that can be assigned to the execution of future payment transactions, determined by LEMON WAY after taking into account current payment and the amount of the blocked provision laid down in article 5.
- Third-party PSP: service provider payment approved by an authority of a State party to the European economic area who opened a bank account or payment on behalf of the holder.
- Payment services: services provided by LEMON WAY pursuant to the framework agreement, including the execution of transfers and the acquisition of payment by cards and transfer orders, as well as cashing check.
- Website: Means the site internet http://www.lemonway.fr from which LEMON WAY offers payment Services.
- Site partner or Site: refers to the site and/or the application operated by the partner to enable individuals to participate in funding or donations and whose coordinates are shown in the account opening form.
- Holder: Natural or legal person that has a payment account to adjust and/or receiving a participatory financing or a gift.
3 OPENING OF PAYMENT ACCOUNT
The licensee shall satisfy the following payment account opening procedure.
3.1 – the licensee's prior statements
The owner, legal or physical person most capable, expressly declares having the ability or have received permission to use the Services of payment provided by LEMON WAY and guarantees LEMON WAY against any liability that may arise for it to a false statement.
The licensee States act on their behalf. The holder has the obligation to use the services provided by LEMON WAY in good faith, for lawful purposes only and in accordance with the provisions of the framework contract.
The individual holder declares to be resident in France or in the European economic area.
The partner States be registered, exercise and commercializing its activity in France or in a State party to the European economic area in accordance with the approval of the LEMON WAY.
For all other countries of residence or registration, LEMON WAY retains the possibility to consider the application for the initiation of a payment account in order to comply with the geographical perimeter of its approval. The list of countries in which the approval of establishment of payment of LEMON WAY is available to any passeporteest now on the site https://www.regafi.fr
Holder said that he met to VISA and MASTERCARD rules particularly as regards its activity at any time. A form of declaration of activity and the risk classification is given to the partner at the entrance in relationship, and then signed by the partner. At any time, the activity must be lawful and consistent with the nature of the activity declared in the form said. Activities, even legal, not accepted by LEMON WAY, are listed on the form.
3.2 – transmission of identification documents
The prospect, moral person, who wishes to become a payment account holder, including passes the following information:
- a description of the activity,
- a K-BIS document or equivalent foreign law,
- the statutes of the company, certified conforming to the original by the Manager,
- proof of identity and domicile of the agent social signatory to the framework agreement,
- the list of persons holding more than 25% of the share capital of the company.
The prospect made up in the form of an association and who wishes to become a payment account holder passes including the following documents:
- a copy of proof of identity of the representative social signatory of the contract valid, legible and acceptable by LEMON WAY,.
- proof of address of the signer at least three months (invoice water, gas, electricity, fixed telephony operator or ADSL or cable TV, or proof of payment of taxes received for less than 3 months, or receipt of rent with reference to complete the donor contact information);
- a copy of the authorization of the association,
- the statutes of the association.
The individual prospect who wishes to become a payment account holder passes including the following documents:
- A copy of a piece of readable and acceptable by LEMON WAY valid identity such as an identity card or a passport,
- Proof of address of the signatory under the age of three months (invoice water, gas, electricity, fixed telephony operator or ADSL or cable TV, or proof of payment of taxes received for less than 3 months, or receipt of rent with mention of the lessor full contact details).
It is stated that for any prospect or licensee the following documents may be requested:
- prior to certain transfers coming to debit the payment account, a copy of the 1st page of the bank account statement attesting to the domicile of the beneficiary's account.
- from a certain threshold, the copy of a second identity.
The holder may authorize a third party to send these documents on its behalf to LEMON WAY in writing or in a durable medium. It will show the name of the Corporation designated for that purpose in the account opening form. LEMON WAY reserves the right to request any document or additional information to enable it to check for useful in respect of its legal obligations including in the fight against money laundering.
The licensee accepts that the partner site to send these documents to LEMON WAY by email (email to firstname.lastname@example.org), by computer transmission and upload (upload) on the computer systems of LEMON WAY or by postal mail to the address of its registered office indicated on the first page.
3.3 – signature of the framework contract terms
The payment account opening form must be signed by the holder after having taken knowledge of the provisions of the framework contract. For this purpose, it may either affix his signature on a printed version addressed by mail to the Head Office of LEMON WAY, either use the module's electronic signature made available on the partner Site. However, if the holder is in the context of its business needs, it may be propose to accept the framework contract by any other means. The latter recognizes have carefully read, understood and accepted the framework agreement in its entirety.
3.4 – acceptance of payment account opening
LEMON WAY may refuse to open an account for payment for any reason without having to justify its decision. It could not give rise to any interest damage.
The partner Site may send acceptance or refusal of opening his account for payment to the holder by sending an Email. The holder may from this acceptance to identify on the partner Site to find that his payment account is open.
4 CREDIT THE PAYMENT ACCOUNT
4.1 – by cheque, bank transfer or credit card
The holder may proceed with the power of his account of payment by transfer, by check endorsed to the order of LEMON WAY or by credit card from an account in his name by a third PSP to transfer funds by wire transfer to an account of payment of another licensee. These two payment transactions are deemed to be inseparable.
LEMON WAY may refuse registration of the credit card or payment or Cancel to any instant this backup for safety. In this case, the holder shall enter his credit card or payment numbers during each power in his account.
LEMON WAY setting limits which may be more restrictive than the ceilings of the holder, in the interest of the protection of the latter. Unique ceilings, per day, per month and per year, as well as all forms of restrictions are enforced by LEMON WAY to combat fraud.
The holder is informed that any payment transaction that may cause ceilings to be exceeded will be automatically rejected by LEMON WAY.
Any transaction by credit card or payment, which would subject to payment, a release or an opposition will see its amount automatically deducted by LEMON WAY of the net balance of the payment account. If the net balance is insufficient, LEMON WAY is allowed to use all the remedies against the owner to recover the amount due. In addition, LEMON WAY shall be entitled to refuse the execution of all future provided funds through the map that gave rise to the incident.
LEMON WAY reflected, moreover, in the account of payment of the holder, the rejected payment transactions and other fines which may be imposed by VISA or MASTERCARD.
4.2 – the funds on the account registration deadlines
LEMON WAY will register the funds resulting from the acquisition of a payment by card or bank transfer order as soon as possible and no later than at the end of the business day in which they were received by LEMON WAY according to point 4.1
5 CHARGE A PAYMENT BY TRANSFER ACCOUNT
5.1 – initiate a payment order
LEMON WAY provides a payment service allowing with a payment account holders to instruct LEMON WAY, to execute a transfer provided that the Provision of account is greater than the total amount of the transfer (fees included). In case of insufficient Provision, the payment order will be automatically rejected.
The available allowance corresponds to the net balance of the account of payment excluding the blocked Provision and ongoing Operations. The amount of blocked Provision is determined by LEMON WAY to cover any reversals from a challenge to a payment order. Such a challenge may occur within 13 months after the debit account of the operation.
The payment order must contain the following information:
- the amount in euro;
- the name and surname of the beneficiary;
- the number of his account in the books of the PSP of the payee.
The licensee acknowledged that the currency of the payment account differs from the account of the beneficiary to which will be the transfer funds, Exchange fee will be charged by the PSP of the payee. It belongs to the partner and the PSP of recipient to inform the beneficiary prior to any acquisition of an order for transfer of the convenient exchange rate, fees and turnaround times. This information shall be transmitted to the holder pays by the partner.
LEMON WAY cannot be held responsible if the bank details provided for transfer requests are inaccurate or not updated.
5.2 – irrevocability of a payment order
Validly given by a holder payment order is irrevocable from entering a code disposable pursuant to 5.1, the holder will not be able to request cancellation.
It is stated that the licensee may initiate order grouped comprising a funds transfer card initiated according to point 4.1 above and an order of payment by transfer to the account of payment to a beneficiary designated on a particular date. The payment order shall be deemed irrevocable from seizure data of such map described in 4.1.
5.3 – amounts of the ceilings and limits
The licensee is subject to the following standard ceilings:
- If the holder is an individual, he is informed that he can apply a maximum of 2500 euros per calendar year and EUR 250 by expenditure. To use his account of payment beyond these amounts LEMON WAY will ask the holder of the supplementary identification documents.
- If the holder is a legal person, LEMON WAY systematically asked all identification documents required prior to the opening of the payment account.
Any payment transaction potentially exceeded the cumulative ceilings applicable to the amount of the monthly payments will be automatically rejected by LEMON WAY.
Other ceilings or blockages of order can be activated at any time by LEMON WAY in case of risk of fraud.
LEMON WAY reserves the right to reverse a payment transaction, if the operation to transfer funds by credit card or payment used to credit the account of payment for this operation is rejected or cancelled by the issuer of the card.
5.4 – Tats
The maximum timeliness of payment services, in accordance with the Decree of July 29, 2009, for the application of article L.314 – 2 of the French Code monétaire et Financier, are as follows:
- an Operation initiated payment a business day will be performed no later than by LEMON WAY next business day if it is carried out in euros for the benefit of a credit institution in a Member State of the European union;
- an initiated payment transaction a day will be performed no later than by LEMON WAY to the more later at the end of the said day if it is carried out in euro in favour of another payment account.
6.1 – by operation
When a payment transaction is carried out, LEMON WAY or the partner site automatically sends an email confirmation of the transaction to the holder that initiated the payment order. This email includes all of the payment transaction-related information which has been communicated to LEMON WAY, such as: the identity of the recipient, the description of the payment transaction, the amount, the date and time of the payment and transaction as possible special conditions of payment.
6.2 – surveys
All payment transactions are recorded in a record established in real time for each payment account. The holder may consult his record from the partner site.
The licensee will have access to statements of payment accounts containing all payment transactions listed on the flow rate and credited to this account.
The consultation period is maintained for two (2) years plus the current year. LEMON WAY will retain electronic archiving for regulatory delays applicable, records and records of payments made.
7 DURATION OF THE FRAMEWORK CONTRACT AND EFFECTIVE DATE
The framework contract shall enter into force at the time of acceptance of the submitted by the holder and for an indefinite period.
The holder has a period of fourteen (14) calendar days to give up free of charge to the framework contract, if it meets the conditions of article D 341 – 1 of the Code of monetary and financial for legal persons or if it is a physical person. This period of the day when the framework contract is concluded the day where the holder has accepted the present General Conditions. During this period of waiver, the implementation of the framework agreement cannot start at the express request of the holder. The licensee expressly acknowledges and agrees that any payment instruction addressed to LEMON WAY before the waiver deadline, constitutes an express request from the holder to perform the contract. The holder will not be entitled to cancel a payment instruction that it would have given and confirmed during the waiver period.
This right of withdrawal may be exercised by the holder without penalty and without giving any reason.
The holder is required to notify its decision to waiver at LEMON WAY by registered letter with acknowledgement of receipt at the headquarters of LEMON WAY before the expiry of the period of fourteen days. If the holder does not exercise his right of renunciation, the contract will be maintained in accordance with the provisions of the present General Conditions. It will have to terminate the framework contract to comply with the conditions of article 18 termination-
Claims that relate to the relationship between licensees or between a registrant and a third party are not admissible to LEMON WAY. Only those that relate to the absence or faulty execution of a payment transaction performed by LEMON WAY are covered by this section and by the framework contract.
Claims (disputes, rights of opposition, access and correction, etc.) may be carried free of charge on request from LEMON WAY by electronic mail to the email address following: email@example.com or by mail at the following address:
Company LEMON WAY
14, rue of Beaune
Any protest or petition in respect of:
- to information communicated by LEMON WAY pursuant to the framework contract,
- an error in the execution of payment Services or its breach,
- an error in the removal of commission, fee or fresh LEMON WAY,.
must be notified to LEMON WAY by holder as soon as delays from the day where the holder had knowledge or is presumed to have knowledge or within any longer period provided for by specific provisions or by law.
According to recommendation 2011-R-05 December 15, 2011 with its, an acknowledgement will be sent within 10 days maximum. Claims will be processed within two months maximum from their receipt.
A claim form is also available on our website: http://www.lemonway.fr/reclamation
Failing amicable agreement, the licensee acting on non-professional requirements may apply, by letter, to an independent mediator, that can be entered for free in case of dispute the application herein, the mediator of the AFEPAME, 36 rue Taitbout 75009 Paris, and without prejudice to other means of legal action.
10.1 – obligation to notify
The holder has the obligation to immediately inform LEMON WAY suspicion of access or fraudulent use of its payment or account of any event that may lead to such use, such as and without limitation: loss, accidental disclosure, or the diversion of his identifiers of payment account or unauthorized operation.
This notification shall be effected by sending an email to the following email address: firstname.lastname@example.org and be confirmed by mail at the following address:
Company LEMON WAY
14 rue of Beaune
10.2 – prevention
LEMON WAY will make its best efforts to prevent any other use of the payment account. The partner also has its own means of secure communication the holder under his own responsibility.
LEMON WAY informs you that in the context of payment Services, cookies (files sent by the LEMON WAY server and which is recorded on the hard disk of the computer of the user) may be used. These cookies are used primarily to improve the operation of the Service of payment including in terms of speed.
10.4 – interruption of payment Services
LEMON WAY undertakes to implement all reasonable means at its disposal to ensure a permanent service. LEMON WAY, however, does not guarantee continuous, uninterrupted access to the payment Service. Accordingly LEMON WAY shall not be liable for any delay or non accessibility total or partial payment Services, inasmuch as they are the result of factors beyond the reasonable control of LEMON WAY.
The holder is informed that LEMON WAY can occasionally interrupt access to all or part of the Services to allow for repairs, maintenance, feature additions,
- suspected hacking attempt, embezzlement or any other risk of infringement,
- requests or instructions from competent authorities or persons empowered.
LEMON WAY may not be held liable for the damage possibly resulting from these suspensions.
From the normal service resumed, LEMON WAY will implement reasonable efforts to treat payments in expectations as soon as possible.
10.5 – opposition to the safety device
The holder may lodge opposition by contacting LEMON WAY by Email sursupport@lemonway. Fr or by phone at the number: + 33 1 48 18 19 30
A registration number of this opposition is created and is stored for 18 months. Upon written request of the holder and before the expiry of this period, LEMON WAY will provide him a copy of this opposition.
LEMON WAY cannot be held responsible for the consequences of an objection emanating not holder. The application of opposition is deemed made on the date of actual receipt of the application by LEMON WAY or any person mandated by him to that effect. In case of theft or use
fraudulent, LEMON WAY is entitled to request a receipt or a copy of the complaint to the licensee who undertakes to respond as soon as possible.
LEMON WAY will block access to the payment account and render inoperative the login account for payment of the holder. New identifiers will be transmitted to the holder, in the same way that they have transmitted the first time at the opening of his payment account.
In accordance with article L. 133 – 22 code monetary and financial, LEMON WAY is responsible, subject to articles L. 133 – 5 and L. 133 – 21 of the French Code and financial, of the proper execution of the payment transaction with respect to the licensee paying up to receipt of funds by the third PSP of the payee. When LEMON WAY is responsible for a poorly executed by his fault payment transaction, LEMON WAY shall return without delay its amount to the payer and resets the account debited in the situation that would have prevailed if the poorly executed payment transaction had not taken place.
The proprietor acting for non-professional purposes who wishes to dispute a payment not authorized by him transaction must contact customer service in accordance with section 8 – as soon as possible after his knowledge of the defect and no later than 13 months after the entry of the payment transaction. When using the safety device, made unauthorized payments before the notification of the opposition are the responsibility of the licensee acting on non-professional needs, within the limit of EUR 150. However, LEMON WAY responsibility is not engaged in the case of fault of the holder as a voluntary or failure constitutes negligence in its obligations, a transmittal of the opposition or in bad faith. Diversion of its data or infringement, losses resulting from payment transactions passed before the opposition by the proprietor acting for non-professional needs are supported by LEMON WAY, except in the case of such misconduct as defined above. Payment transactions made after the opposition of the proprietor acting for non-professional needs are supported by LEMON WAY except in the case of fraud.
LEMON WAY is not entitled to cancel an order of irrevocable payment on request of the holder.
In no case LEMON WAY is responsible for indirect damage, such as commercial prejudice, loss of clientele, troubled commercial, loss of profit, loss of brand image inflicted by a licensee or by a third party, and that could result from payment provided by LEMON WAY Services. Any action against a licensee by a third party is deemed to be a consequential loss, and therefore does not entitle to repair.
Unless otherwise provided in these terms or mandatory laws and without prejudice to other causes of exclusion or limitation of liability set out herein, LEMON WAY cannot be held responsible for any damage caused by a case of force majeure or an event beyond its control or of any measures or legislative provisions taken by the French authorities or foreign. Are deemed constitute a case of force majeure or an event beyond its control including, but without limitation: a power failure, fire or flood, the strike of its staff or a subcontractor or supplier, a malfunction of interbank systems or payment by credit card, war, disturbances, riots or occupation of the territory by foreign forces negligence of a third party in the meaning of the jurisprudence and doctrine such as those responsible for the delivery of electricity and telecommunications services.
11 PROTECTION OF CUSTOMER FUNDS
LEMON WAY will retain the available funds credited to the payment account of the holder at the end of each working day on account of cantonment sites opened with LEMON WAY partner banks.
12 DEATH – OFF PAYMENT – PROXY ACCOUNT
In the event of death of the holder of the account holder, LEMON WAY must be notified as soon as possible by rights holders or their agent. If this notice is given orally, it must be confirmed in writing. Upon receipt of this written, LEMON WAY will ensure that no new payment transaction is executed and will proceed to the closing of the account.
If the reserve that LEMON WAY holds on behalf of the deceased is greater than expenses for the costs of removal, it may subject to a repayment to rights-holders only in the event of production by these rights holders or their agent's evidence, according to the applicable legislation, establishing the vesting the estate as well as any other piece that LEMON WAY may deem necessary.
Absence of a transfer for any reason whatsoever, including the absence of production of documentary proof to LEMON WAY, the provisions of article 13.2 of the present General Conditions shall apply to the Provision.
13.2 inactive account
A payment account is deemed inactive if:
- the payment account has been the subject of any payment transaction for a period of twelve months during which, off registration of flow by LEMON WAY taking into account costs and commissions of all kinds and
- Holder holder of the account, his legal representative or the person authorised by him do not occurred, in any form whatsoever, with LEMON WAY, or
- at the end of a period of 12 months following the death of the holder. Holder and his successors are informed by the consequences which are attached hereto.
The assets listed on the inactive payment account are deposited at the Caisse des Dépôts et consignations at the end of a period of ten years from the date of the last non-inclusion of rates payment Operation by LEMON WAY taking into account fees and commissions of all kinds; except in the case of death of the holder of the account where the assets listed on the inactive payment account shall be deposited at the Caisse des Dépôts et consignations at the end of a period of three years after the date of the death of the holder.
The holder may give a person power to making any such payment as defined in the proxy on behalf of payment and under his sole responsibility. The form is provided online on request and must be returned to LEMON WAY. The proxy will take effect upon receipt by the latter of the duly completed form and subject to acceptance by LEMON WAY. It shall be notified by any means. She automatically ceases upon the death of the holder. It may be revoked at the initiative of the holder who shall inform the agent and LEMON WAY by registered letter with acknowledgement of receipt. The termination is effective from the date of receipt of the termination by LEMON WAY. The holder remains held for payments initiated on his behalf up to this date by the designated agent.
The licensee expressly throws LEMON WAY of professional secrecy on data of the payment account with respect to the agent appointed by the proxy.
13 INTELLECTUAL PROPERTY
No intellectual property right relating to the use of the payment Service or rendered by LEMON WAY is transferred to the holder in respect of these terms and conditions.
The holder undertakes not to infringe the rights held by LEMON WAY, inter alia, refraining any reproduction or adaptation of any part of the intellectual and material of LEMON WAY and its accessories elements, and this regardless of the current and future support.
All rights to the software used for the realization of payment Services are full and the LEMON WAY company property. They are part of its trade secrets and confidential information without regard to the fact that some components may or may not be protected in the current state of the legislation by an intellectual property right.
LEMON WAY software and, where appropriate, their documentation, are recognized by the holder as a work of the spirit that he and members of his staff undertake to consider such refraining to copy, reproduce, translate them into any other language or the language, adapt, distribute free or expensive , or they add anything not conforming to their specifications.
The 'Lemon Way' trademark is the property of the LEMON WAY company. The holder undertakes to not delete the reference to the 'Lemon Way' mark on any element provided or made available by LEMON WAY, such as software, document or banner advertising.
The holder undertakes to respect the strictest confidentiality concerning all techniques, commercial or of any other nature which would have knowledge in the context of the implementation of the payment Service.
This obligation of confidentiality shall remain in force for the duration of the subscription to the payment Service and for three years from the date of termination of the framework contract. This obligation of confidentiality does not apply to information which is or becomes publicly available through no fault of the holder.
The Parties recognize that payment transactions are covered by professional secrecy in accordance with article L.519 – 22 of the monetary and financial Code.
15. COLLECTION AND PROCESSING OF DATA HAS PERSONAL
The LEMON WAY company respects the set of provisions on the protection of privacy and in particular the law of January 6, 1978 relative to the protection of privacy with regard to the processing of personal data such as amended.
LEMON WAY collects and retains the personal data voluntarily provided to the licensee. Thus, including deemed be personal data to identity, telephone number, email address, home, card or bank account number, the transaction or transfer, to the IP address of the computer of a natural person.
The holder is informed and accepts that LEMON WAY as controller in the collection performs treatments on his personal data for the purposes of:
- compliance with any legal or regulatory provisions applicable, including prevention of the money laundering and of the financing of terrorism,
- treatment/management and archiving of payment transactions,
- control and prevention of incidents and irregularities (fight against fraud and any other type of abuse),
- central management of customer,
- processing of applications for the holder,
- realization of tests, surveys and statistics,
- training of the personnel assigned to the realization of payment Services,
- control of the quality of the service,
- and proposal of new services.
The licensee is informed that his personal data may be recorded in one or more files in compliance with the applicable legislation and accepts that the collected data are recorded and processed in accordance with the above purposes.
The licensee accepts that the personal data strictly necessary to the achievement of at least one of the purposes mentioned above or to what is required under the applicable regulations, is supplied by LEMON WAY:
- the subcontractors and providers of services outsourced whose intervention is necessary,
- the partner,
- recipients of a payment transaction,
- business partners of LEMON WAY.
Holder agrees that disclosure of personal information to the aforementioned persons may be, in accordance with the conditions previously defined, to another country of the European Union and also to a country not a member of the European Union which guarantees an adequate level of protection with regard to the aforementioned law.
The holder has a right of access to personal data and is informed that he may at any time consult the information it has provided to LEMON WAY. The holder has the right to obtain rectification of inaccurate data which concern him.
The right to opposition by the proprietor can be exercised with LEMON WAY for planned treatment payment or other products or services promoted by LEMON WAY.
Rights of opposition, access and rectification may be exercised free of charge on request from LEMON WAY by electronic mail to the email address following: email@example.com or by mail at the following address:
Company LEMON WAY
14, rue of Beaune
16. CONVENTION OF PROOF
The communications made through e-mail are validly admitted as evidence by the holder and LEMON WAY communication modes.
All information stored in the computer LEMON way related databases including orders and payment transactions, have, until evidence to the contrary, the same probative force that a writing signed on paper, both in what concerns their content in relation to the date and time at which they have been made and/or received. These traces unalterable, secure, and reliable are engraved and stored in the computer systems of LEMON WAY.
LEMON WAY reproducing this information, as well as copies or reproductions of documents produced by LEMON WAY have the same probative force as the original, until evidence to the contrary.
17 BLOCKING OF THE ACCOUNT
The temporary and immediate payment account suspension may be imposed by LEMON WAY for any reason at the discretion of LEMON WAY and in particular:
- If the holder has not complied with the provisions of the framework contract,
- If the holder has provided to LEMON WAY of identification data, inaccurate, not current or incomplete,
- in the event of risk of fraud, money laundering or financing of terrorism or risk that may affect the safety of the payment account,
- case of significantly increased risk of failure by the holder to fulfil his payment obligation,
- in case of reception by LEMON WAY of a significant number of refund, cancellation of orders or challenge for orders not allowed.
This decision is motivated and notified to the holder by any means. The suspension of the payment account designed to protect holder, will not under any circumstances give rise to the payment of damages in favour of the latter.
The reactivation of the payment account will be at the discretion of LEMON WAY.
Depending on the severity of the breach in the framework contract and in particular if the beneficiary has sold illegal products, LEMON WAY reserves the right to terminate the framework contract in accordance with the provisions of article 19.
18. TERMINATION OF THE CONTRACT – FRAMEWORK
The holder may terminate the framework contract that will carry closure of his account of payment by registered letter with acknowledgement of receipt following the fulfilment of a notice of one month. It must maintain sufficient funds to ensure the successful completion of Operations current payment during the time required for their settlement and payment of the fees owed by him.
LEMON WAY may terminate the framework contract that will carry closure of his account of payment by registered letter with acknowledgement of receipt following a two-month notice.
In the event of breach of a party, the framework contract may be terminated with immediate effect by simple written notification by the other party. It is understood by serious breaches made by holder: communication of false information; exercise of activity illegal, contrary to morality, of laundering of capital and financing of terrorism; threats against employees LEMON WAY or the partner site; failure to pay; disrespect of an obligation of the licensee in respect of the present; termination of relations between the holder and the partner site; over-indebtedness or persons morales appointed an ad hoc Agent, a judicial administrator, commencement of reorganization or liquidation proceedings. It is understood by serious breaches made by LEMON WAY: communication of false information; disrespect of an obligation in respect of the present; appointment of an ad hoc Agent, a judicial administrator, commencement of reorganization or liquidation proceedings.
If applicable regulations and the interpretation which is used by the regulatory authority concerned affecting the ability of LEMON WAY or its agents to execute payment transactions, framework contract will be automatically terminated. The licensee will no longer forward of payment from the date of effect of termination order. The account may be maintained for a period of 15 months in order to cover any challenges and subsequent claims. Payment transactions initiated prior to the effective date of termination will not be called into question by the request for termination and be carried out in terms of the framework contract.
The termination of the framework contract causes the final closing of the payment account. The closing of a payment account will not give rise to any compensation regardless of the damage caused by the closure of this payment account. Holder whose account was closed by LEMON WAY is not allowed without the express permission of LEMON WAY, to open another account for payment. Any payment in violation of this provision account may be immediately closed by LEMON WAY, without prior notice.
The Provision on the account of payment object of the fence will give the right transfer for the benefit of the holder of this account following his instructions subject to ongoing payment transactions and unpaid any chargebacks or upcoming opposition. If a successor is designated by LEMON WAY, it may be offered to the owner to close his account of payment and transfer the Provision on a new payment account in the books of the institution designated as successor.
LEMON WAY reserves the right to seek legal compensation for the damage it suffered due to the violation of the framework contract. The closure of the account of payment may give rise to costs within the limits of article L. 314 – 13 of the French Code and financial.
19 MODIFICATION OF THE FRAMEWORK CONTRACT
Any proposed amendment of the framework contract shall be communicated on paper or on another durable medium to the holder no later than two months before the date of application for its entry into force.
In the absence of protest written by registered letter with notice of receipt addressed to LEMON WAY by the licensee before the expiration of the two month period, the latter shall be deemed to have accepted these changes. In case of refusal of the proposed amendment, the holder may terminate the framework contract without charge upon written request prior to the date of entry into force proposed. This application does not affect the set of flows (costs, premiums, payment) whose holder remains liable.
20 GENERAL INFORMATION
In case of paperwork would be required in respect of the implementation of the present General Conditions, LEMON WAY and holder suitable mutual assistance for the regularization of these formalities.
If one any of the non-substantial provisions of the General Conditions is void against a rule of law in force, it shall be deemed unwritten, but will not result in the invalidity of the present General Conditions.
The fact that one of the Parties to not rely on one breach by the other party to a any obligations herein cannot be interpreted for the future as a renunciation of the obligation in question.
In case of difficulty of interpretation between any titles and one any of the clauses of the general terms it will be disregarded the tracks.
21. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by french law.
Unless otherwise imperatively provided, any dispute relating to their execution, their interpretation or validity, will be brought before the competent courts and the absence of Paris.