Last updated on November 23, 2022
PREAMBLE
The present general terms and conditions of use (hereinafter referred to as the "General Terms and Conditions") are a tripartite contract which defines the contractual relationship between the Customer (you), Easytransac SAS and the payment institution LEMON WAY SAS as these parties are presented hereinafter.
It is concluded between :
The person using the Solution provided by Easytransac, hereinafter referred to as the "CUSTOMER";
EASYTRANSAC, a French Société par Actions Simplifiée (simplified joint stock company) with capital of 491,450.00 euros, headquartered at 204 avenue de Colmar 67100 STRASBOURG and registered with the Strasbourg Trade and Companies Registry under SIREN number 809 285 851.
EASYTRANSAC is registered in the financial agents register(Regafi) under number 77551 by the Autorité de Contrôle Prudentiel et de Résolution as a partner and payment agent of LEMON WAY, an approved payment institution located at 8 rue du Sentier 75002 PARIS.
EASYTRANSAC owns and manages the www.easytransac.com website and the EASYTRANSAC application for Android and iOS smartphones, as well as the bankcard payment interface that can be implemented on websites or smartphone applications.
It is hereinafter referred to as "EASYTRANSAC";
LEMON WAY, a Société par Actions Simplifiée with capital of 2,321,987.07 euros, having its registered office at 8 rue du Sentier, 75002 PARIS in France and registered with the Registre du Commerce et des Sociétés under SIREN number 500 486 915, approved on 24/12/2012 by the Autorité de Contrôle Prudentiel et de Régulation ("ACPR", France, website acpr.banque-france.fr) 61 rue Taitbout 75009 Paris, as a hybrid Payment Institution, under number 16 568 J, on the other hand.
Among other things, LEMON WAY manages and controls payment flows on the www.easytransac.com website published by EASYTRANSAC.
EASYTRANSAC is not prohibited from using any other Payment Service Provider (PSP), other than LEMON WAY, of its choice, under the same conditions set out below. The present terms and conditions may apply to any other PSP.
It is hereinafter referred to as "LEMON WAY".
The Customer, EASYTRANSAC and LEMON WAY will hereinafter be referred to as the "PARTIES".
These General Terms and Conditions of Use govern the terms and conditions of the Customer's use of the payment service issued by LEMON WAY and accessed via the Web and mobile interface or smartphone application provided by EASYTRANSAC.
All Customers browsing the EASYTRANSAC website or applications must carefully and regularly read the present General Terms and Conditions of Use ("GTCU").
By accepting these GTC, the Customer also accepts the general terms and conditions of use of LEMON WAY, which can be consulted at any time on the website www.lemonway.com.
By validating the EASYTRANSAC registration form the box "I have read and accept the General Terms and Conditions of Use" and committing to use EASYTRANSAC within the framework of a professional activity, the Customer expressly acknowledges that he has carefully read and understood the General Terms and Conditions in force on the day of his acceptance, and that he accepts them in their entirety.
The opening of an account implies the electronic signature of these GCU, i.e. the "digital signature" of the payment service framework contract, in accordance with Article L314-13 II of the French Monetary and Financial Code.
The present General Terms and Conditions therefore constitute the contract binding the Customer, EASYTRANSAC and LEMON WAY.
By accepting these General Terms and Conditions of Use, the Customer confirms his acceptance of the rules of the Bank Card Networks.
The Customer may at any time consult, reproduce, store them on his computer or on another durable medium, send them to himself by e-mail or print them on paper in order to keep them, he may also obtain a copy free of charge by post to his address on express request to EASYTRANSAC, as well as the information and conditions provided for in article 6 of the decree of 29/07/2009 (information provided prior to the execution of an isolated payment transaction).
The acceptance of the General Terms and Conditions by the Customer as indicated above and the version of the General Terms and Conditions thus accepted by the Customer are stored and archived by EASYTRANSAC and LEMON WAY in their computer systems in an unalterable, secure and reliable manner.
EASYTRANSAC and LEMON WAY are entitled to modify the present General Terms and Conditions at any time. In the event of a major modification to the GCU, or a modification to the tariff, the new General Conditions will come into force as soon as they are published and a concomitant notification will be sent by e-mail to the Customer (e-mail address that the Customer will have indicated to EASYTRANSAC and LEMON WAY at the time of registration). The Customer has a period of fourteen (14) days from the date of notification to terminate the contract, free of charge in accordance with III, article L. 313-13 of the French Monetary and Financial Code. If the Customer does not terminate the contract within this period, he/she is deemed to have accepted the modified General Terms and Conditions in accordance with III, article L. 314-13 of the French Monetary and Financial Code, unless he/she notifies EASYTRANSAC and LEMON WAY that he/she does not accept them before the proposed date on which the modifications come into force.
The Customer is informed that the language used to communicate with EASYTRANSAC and LEMON WAY is French or English.
The tariffs referred to in appendix 1 hereof may be modified independently of other provisions of the GCU. Information will be posted on the site.
EASYTRANSAC has a passive role in the management of LEMON WAY's payment services, and does not promote LEMON WAY's payment services.
DEFINITIONS
The terms used in these General Terms and Conditions shall, when used with the first letter capitalized and regardless of whether they are used in the singular or plural, have the meanings defined below:
- BUYER: Refers to a consumer who wishes to purchase a good or pay for a service by credit card from the Merchant and whose name appears on the credit card used.
- APPLICATION: Refers to the mobile interface developed by EASYTRANSAC and the smartphone application enabling the Customer to accept payment using his smartphone.
- ASSOCIATION: Refers to any organization of persons united for a common purpose and having legal personality.
- CREDIT or BALANCE: Refers to the total amount available in the customer's account at a given time. This amount is the sum of the credits credited to the customer's account, minus the debits made to the account by the customer, plus any fees, taxes and commissions applied.
- BANK: Refers to the credit institution in charge of protecting the funds collected by LEMON WAY on behalf of the Customer. These funds are recorded in its books in a segregated account opened for this purpose. The designated institution is currently BNP Paribas. LEMON WAY reserves the right to select any other approved credit institution.
- BANK CARD: Refers to a means of payment in the form of a plastic card corresponding to the specifications of a Bank Card Network whose logo is indicated on the said Bank Card. The list of Credit Card Networks accepted by EASYTRANSAC is available on the Site. The Purchaser is the holder of the Bank Card.
- "CVV2 or CCV": Refers to the CVV2 code (or Visual Cryptogram), a three- or four-digit number associated with each Bank Card. It is an additional security feature designed to offer increased protection against credit card fraud for Transactions carried out without using the physical Bank Card or online. This code is generally indicated on the back of the Bank Card.
- CLIENT or MERCHANT: Refers to any natural person of legal age or legal entity (company or association) acting for the needs of its professional activity and having correctly filled in the information in the Special Conditions and accepted the present General Conditions to be able to open a bank Account and an EASYTRANSAC- LEMON WAY Account, in accordance with the identification instructions listed in article 3.2 of the present General Conditions.
- CUSTOMER or VERIFIED CUSTOMER: means the Customer who has provided the information/documents mentioned in article 5.1 of these General Terms and Conditions and validated by EASYTRANSAC and LEMON WAY.
- ORDER: Refers to any Transaction carried out by a Buyer with a Merchant and relating to Products offered by the latter.
- PAYMENT ACCOUNT OR ACCOUNT : Refers to the EASYTRANSAC Account held by LEMON WAY on behalf of the Customer and used for the purpose of executing Payment Transactions. Under no circumstances may the Account be treated as a deposit account.
- BANK ACCOUNT: Refers to the Customer's bank account, provided by the Customer at the time of registration, validated by EASYTRANSAC and LEMON WAY, and used to receive funds during a Transfer.
- EASYTRANSAC - LEMON WAY ACCOUNT: Refers to the account opened by the Customer on the EASYTRANSAC Site or Application, together with all the information provided by the Customer and constituting the Special Terms and Conditions, and to which the Customer's Identifier is associated. The EASYTRANSAC - LEMON WAY Account will not be subject to any overdraft, advance, credit or discount.
- GENERAL CONDITIONS OF USE: Refers to the present general conditions of use concluded between EASYTRANSAC, LEMON WAY and the Customer.
- PARTICULAR CONDITIONS: Refers to the online form to be completed by the Customer when registering on the Site and containing the information necessary for the conclusion of the present contract, in particular the Customer's surname, first name, date of birth, valid e-mail address, password and information concerning the Customer.
- PURCHASE CONFIRMATION: Refers to the Transaction confirmation notification channel, automatically sent to the Buyer by EASYTRANSAC. This confirmation includes the elements relating to the purchase: Merchant's account, amount paid, date and time.
- PAYMENT CONFIRMATION (or PAYMENT NOTIFICATION): Refers to the payment confirmation e-mail, or message displayed on the Application or Site, sent to the Customer by EASYTRANSAC. This message reminds the Customer of the essential elements of the Transaction with its reference number.
- CONTRACT: Refers to both the General Conditions of Use and the Special Conditions.
- EXPIRY DATE: Refers to the date indicated on the Purchaser's Credit Card at which it will no longer be active.
- COMPANY: Refers to any customer operating a business in the form of a company (SARL, SAS, etc.) who subscribes to the Solution by registering the legal entity.
- EQUIPMENT: Refers to the computer, telephone or other equipment used by the Customer to access and use the Service, including in particular computers, cell phones and tablets.
- TRANSACTION FEES: Refers to the percentage charged by EASYTRANSAC and LEMON WAY on Transactions received, in remuneration for its services and those of its partners.
- MANAGEMENT FEES AND LIMITS OF USE: Refers to the fees and limits of use applicable to the use of the EASYTRANSAC service by the Customer or Merchant.
- IDENTIFIER: Refers to the data required by LEMON WAY and EASYTRANSAC to identify the Customer, consisting of a valid email address and a password.
- TRANSACTION ID ( ID): Identification reference issued by EASYTRANSAC and LEMON WAY designating information about a Transaction, in particular the amount paid and the beneficiary of the payment.
- INDEPENDENT: Refers to any Customer who carries on his or her professional activity as a self-employed worker and who therefore registers as an individual with the Solution (self-employed professional, self-employed door-to-door salesperson, self-employed entrepreneur, etc.).
- OPEN DAY: Refers to a calendar day excluding Saturdays, Sundays and public holidays in mainland France and in the host country indicated in the Special Terms and Conditions, during which the payment infrastructures of these countries and the Bank used carry out their activities in regular operation.
- PAYMENT TRANSFER: Refers to a periodic or one-off transfer ordered by the Customer, or by any authorized representative, to the Customer's bank account.
- ORDER: Refers to the instruction given by the Customer to EASYTRANSAC and LEMON WAY, in accordance with the procedure set out in these General Terms and Conditions of Use, with a view to executing a Payment Transaction.
- PRODUCT: Refers to information, goods or services offered for sale by a Merchant.
- REFUND: Refers to the operation whereby a Merchant makes a refund to one of his Buyers. At the Merchant's request, the amount of the refund will be debited from the Credit Balance available on the Merchant's Account and credited to the Buyer's Credit Card.
- BANK CARD NETWORK: Refers to an organization that defines the rules governing the use of bank cards on its network. These rules are available on the websites of each network: for example http://www.visaeurope.com or http://www.mastercard.com or http://cartes-bancaires.com.
- EASYTRANSAC CUSTOMER SERVICE OR SUPPORT: refers to the platform in charge of managing activation, complaints or information from Cardholders. It can be reached from 9 am to 6 pm (French time) Monday to Friday by e-mail via the contact form and/or by post at the following postal address: Easytransac Customer Service - 204 avenue de Colmar - 67100 STRASBOURG.
- SITE: Refers to the www.easytransac.com website .
- COMPANY: refers to Easytransac SAS, a société par actions simplifiée (simplified joint stock company) governed by French law, with share capital of 491,450.00 euros, having its registered office at 204 avenue de Colmar 67100 STRASBOURG and registered in the Strasbourg Trade and Companies Register under number 809 285 851 00030.
- EASYTRANSAC SOLUTION or SERVICE: Refers to the payment solutions provided by EASYTRANSAC in partnership with LEMON WAY for the benefit of a professional Customer, whether an individual or a legal entity, and based on the Site, the Application and all the services provided by EASYTRANSAC in partnership with LEMON WAY as described in article 1 of the General Terms and Conditions of Use.
- TRANSACTION STATUS: Refers to the real-time status of a transaction.
- TRANSACTION: Refers to the Order(s) that have been paid for by Credit Card to the Customer via the Solution for the Purchase of a Product by a Buyer.
- TRANSFER: Refers to a Customer's request to transfer all or part of the Assets available on his EASYTRANSAC Account.
1. Purpose - Description of the payment service
EASYTRANSAC in partnership with LEMON WAY provides a service enabling a Customer to accept payments by Bank Cards.
In particular, EASYTRANSAC in partnership with LEMON WAY provides a smartphone application and/or a programming interface enabling the Customer to integrate a credit card payment system into its own website or smartphone application.
The Customer will access the Payment Service from his Terminal connected to the Internet, and/or via the application proposed by EASYTRANSAC.
By logging into his EASYTRANSAC-LEMON WAY Account, the Customer will be able to:
- manage your collection and transfer history ;
- export these statements ;
- manage your customer account.
Payment transactions carried out via the EASYTRANSAC service will be made exclusively in euros.
2. Contract duration - Withdrawal
This contract comes into force on acceptance of these General Terms and Conditions by the Customer, for an indefinite period.
The Customer has a period of fourteen (14) calendar days to cancel the contract without charge. This period runs from the day on which the contract is concluded, i.e. the day on which the Customer has accepted the present General Terms and Conditions. During this waiver period, performance of the contract may only begin at the express request of the Customer. This right of renunciation may be exercised by the Customer without penalty or indemnity and without giving any reason. The Customer must notify EASYTRANSAC of his/her decision to withdraw by sending the withdrawal form in Appendix 3 by registered letter with acknowledgement of receipt to the EASYTRANSAC head office listed in the introduction to these General Terms and Conditions.
If the Customer does not exercise his right of renunciation, the contract will be maintained in accordance with the provisions of these General Terms and Conditions.
The Customer expressly acknowledges and accepts that any payment instruction sent to EASYTRANSAC and LEMON WAY before the expiry of the waiver period constitutes an express request by the Customer to execute the contract. The Customer is therefore not entitled to cancel a payment instruction given and confirmed during the waiver period. However, this does not prevent him from exercising his right of withdrawal in accordance with the provisions of article L341-16 of the French Monetary and Financial Code. The customer will then only be liable for payment of the price corresponding to the use of the service actually provided.
3. Terms of service
a. Customer status
The EASYTRANSAC Service, which enables the Customer to receive electronic payments from its Buyers, is intended exclusively for professionals, whether natural or legal persons, in the exercise of their professional activity as declared when opening an account.
The purpose and nature of the EASYTRANSAC service can only be professional to the exclusion of any other activity. By accepting the present General Conditions of Use, the Customer declares that he recognizes the purpose and nature of the EASYTRANSAC service and that he is acting as a professional in the context of the operation of his business.
The Customer, whether a natural person of legal age or a legal entity, expressly declares that he/she has the capacity and/or has received the authorizations required to use the payment service issued by EASYTRANSAC and guarantees EASYTRANSAC and LEMON WAY against any liability action that may result from the use of the payment service if he/she did not have the capacity or authority to do so and from the use of the service by a person acting in connection with him/her who does not have the required capacity or authorizations.
More specifically, by accepting these General Terms and Conditions of Use, the Customer, if self-employed, declares and guarantees that he is acting in his own name and for his own account and not on behalf of a third-party beneficiary.
To be eligible for the EASYTRANSAC Service, the Customer must be a resident of one of the countries of the European Economic Area (EEA) and have full legal capacity to enter into a contract.
b. Opening an EASYTRANSAC - LEMON WAY account
In order to access the EASYTRANSAC Service, the Customer must first create an EASYTRANSAC-LEMON WAY Account in accordance with the conditions below.
The Customer is authorized to open only one EASYTRANSAC - LEMON WAY Account.
The Customer may register online, and thus create his EASYTRANSAC - LEMON WAY Account, via the EASYTRANSAC Website or the Application by filling in the requested information, creating an Identifier, and accepting the General Terms of Use.
To create his EASYTRANSAC-LEMON WAY Account, the Customer must click on the "Self-employed", "Company" or "Association" section and fill in the mandatory information indicated by an asterisk, such as:
- For Independent Customers
- Name
- First name
- Cell phone number
- Date of birth
- Nationality
- RIB / IBAN
- Acceptance of these GTU
- For corporate customers
- Company name
- Last name, first name, date of birth and nationality of manager
- Cell phone number
- VAT or SIRET number
- RIB / IBAN
- Acceptance of these GTU
The Customer undertakes to provide truthful and accurate information when registering. In the event that the Customer provides false, inaccurate, out-of-date or incomplete information, EASYTRANSAC and LEMON WAY shall be entitled to suspend or close the Customer's EASYTRANSAC-LEMON WAY Account and to refuse the Customer access to the EASYTRANSAC Service in the future, if the information is not rectified within 8 days of a formal notice sent by e-mail to the declared address, it being understood that in the meantime the Customer's EASYTRANSAC-LEMON WAY Account may be suspended at the discretion of EASYTRANSAC and/or LEMON WAY.
c. EASYTRANSAC information management
The information provided by the Customer at the time of registration constitutes the Special Conditions, and may be shared by EASYTRANSAC with LEMON WAY. In order to proceed with a Transfer of the sums appearing on the EASYTRANSAC-LEMON WAY Account and collected using the Solution, the Customer will be invited to register a bank identity statement (RIB or IBAN) relating to his Bank Account. The registered Bank Account must belong to the Customer, be held in euros and be domiciled in one of the countries of the European Economic Area. EASYTRANSAC and LEMON WAY reserve the right to refuse to register a Bank Account, particularly if it has already been registered in connection with another EASYTRANSAC-LEMON WAY Account.
For reasons of security and confidentiality, the Customer's bank details will not be stored and recorded on his Equipment, but will be held by a duly authorized company.
d. Additional information
- EASYTRANSAC, in agreement with LEMON WAY, reserves the right to request additional information and supporting documents from the Customer, in particular in order to authorize the Customer to exceed certain Transaction thresholds defined by EASYTRANSAC and/or LEMON WAY.
- EASYTRANSAC reserves the right not to activate a Customer's EASYTRANSAC-LEMON WAY Account pending receipt of all documents and information deemed necessary by EASYTRANSAC and/or LEMON WAY and in a form satisfactory to EASYTRANSAC and/or LEMON WAY.
- Under no circumstances will the Customer be able to carry out Transactions if EASYTRANSAC and/or LEMON WAY consider that they need additional documents or information about the Customer and as long as these additional documents or information have not been received by EASYTRANSAC and/or LEMON WAY.
4. EASYTRANSAC service security
The Customer accepts and acknowledges that he/she is solely responsible for maintaining the confidentiality of his/her login and password, and undertakes to keep them secret, i.e. not to reproduce them or communicate them to anyone.
As soon as his EASYTRANSAC - LEMON WAY Account has been created, the Customer must choose a confidential code to secure access to his EASYTRANSAC - LEMON WAY Account.
The Customer is solely responsible for any use that may be made by a third party of his login and confidential code, to fraudulently access his EASYTRANSAC-LEMON WAY account.
If the EASYTRANSAC Solution is used by several people within the same Company, Association or Self-employed person, the Customer must request the activation of a sub-account for each user, so that as many EASYTRANSAC-LEMON WAY sub-accounts are attached to his account as there are users. Each sub-account will be attached to the same bank account as the Customer's account. Each user will have his/her own identifiers and passwords which will be purely personal and which he/she must keep confidential. The Customer shall be liable for any use that may be made by a third party of the identifiers and confidential code of a sub-account, to fraudulently access his EASYTRANSAC-LEMON WAY Account.
EASYTRANSAC cannot be held responsible for the loss of the e-mail address and/or password associated with this EASYTRANSAC-LEMON WAY Account. In the event of suspected use of the EASYTRANSAC-LEMON WAY Account by a third party, the Customer must immediately inform EASYTRANSAC via the contact form.
Once registered, the Customer can benefit from the EASYTRANSAC Service by connecting to the EASYTRANSAC Application or Website to receive credit card payments on his bank account.
5. Limits of use of the EASYTRANSAC Service
The Customer will be subject to systematic authentication of Buyers (3DSecure).
Unless Verified Customer status has been obtained, the usage limits and ceilings mentioned in Appendix 2 are applicable to payment transactions carried out by the Customer via the EASYTRANSAC Service.
In order to obtain the status of Verified Customer, the Customer must send to EASYTRANSAC and LEMON WAY for acceptance a color copy of the documents mentioned below (scanned or photographed) and acceptable by EASYTRANSAC and LEMON WAY at its discretion either by mail or directly from the EASYTRANSAC interface by clicking on "my account".
EASYTRANSAC and LEMON WAY will validate or not the status of Verified Customer within 3 working days of receipt of the documents.
For independent customers:
- Proof of identity and a second proof of identity at the request of LEMON WAY :
- The identity card for a French national, or the French passport Or the residence permit plus the original passport,
- Two pieces of identification for non-French nationals residing in Europe
- Two pieces of identification for a non-French resident in France, even if European
- A bank receipt :
- Original IBAN or RIB
- A registration document justifying the activity carried out (SIRENE number on the URSSAF website, professional card, B&B declaration to the prefecture, etc.).
- Declaration of company activity to be completed in the EASYTRANSAC customer area
Each document must be less than three (3) months old.
For corporate customers :
- Two valid proofs of identity for the company's legal representative: Double-sided identity card or passport.
If the legal representative is a national of a country not listed below, 2 pieces of identification are required:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom
Please note: EASYTRANSAC or LEMON WAY may ask you for additional documents to open an account in one of these 3 countries: Malta, Cyprus, and Liechtenstein.
- An extract from the trade register(Kbis) less than 3 months old
- Proof of shareholders and business activity:
- Articles of association certified as true copies by the company's legal representative (including division of powers) for French companies (SA, SAS, SARL, EURL...) except for listed companies.
- Article Of Association for LTD Limited
- Example of a single document showing both the justification for the legal entity and the shareholders:
- Italy: provide the "Codice Fiscale" and the document "Camera di commercio industria artigianato e agricoltura - Certificato anagraphico dati identificativi dell'impresa" on which you will find the company's activity and shareholders.
- Singapor : Accounting and Corporate Regulatory Authority (ACRA) bizFILE
- Belgium : ECONOMY - Volledig Uittreksel van de gegevens van een onderneming natuurlijk persoon : document indicating the date of creation, the name of the legal entity, the address, the shareholders, the activity...
- Spain: Declaracion de actividades y locales (actividad principal)
- The original IBAN or RIB of the company's bank account
- Declaration of company activity to be completed in the EASYTRANSAC customer area
Special cases :
For companies listed on the stock exchange in an E.E.E. or E.E.L.A. country, or in an equivalent third country, only proof of identity of the legal entity (the company) less than 3 months old will be required.
For sole proprietorships, a company identity document (K-Bis for France, or Inscription Sirene for Auto-Entrepreneurs) is all that's needed, as there is a natural person directly attached to the legal entity without any intermediary or holding company.
For a Public Authority or Organization customer :
- Two pieces of valid identification of the person in charge of managing the payment account on behalf of the public authority or body
- An official document certifying that the person identified is authorized to manage the payment account
- Declaration of company activity to be completed in the EASYTRANSAC customer area
For Association customers :
- Two valid proofs of identity for the President or Treasurer of the association: Double-sided identity card or passport.
- A copy of the association's articles of association
- The original IBAN or RIB of the association's bank account
- Declaration of association activity to be completed in the EASYTRANSAC customer area
For self-employed entrepreneurs :
- A Kbis extract for self-employed entrepreneurs with a commercial activity (registered with the RCS)
- For self-employed entrepreneurs with a craft business, the document certifying their registration with the RM (Trade Register).
- A document from INSEE providing the SIREN number
- Two pieces of valid identification for the auto-entrepreneur
- The original IBAN or RIB of the Self-Entrepreneur's bank account
- Declaration of company activity to be completed in the EASYTRANSAC customer area
For a Craftsman customer :
- Extract from the person's registration with the Chambre des Métiers et de l'Artisanat showing the activity and the individual, the individual's address, date of registration, etc.
- Two valid pieces of identification for the self-employed entrepreneur
- The original IBAN or RIB of the Artisan's bank account
- Declaration of company activity to be completed in the EASYTRANSAC customer area
In addition, it is expressly stipulated that EASYTRANSAC and/or LEMON WAY reserve the right to request any other document or additional information if EASYTRANSAC and/or LEMON WAY deem it necessary, in particular to enable them to carry out useful checks in order to comply with their legal obligations, including the fight against money laundering.
On receipt of the above-mentioned documents, subject to their being deemed satisfactory by EASYTRANSAC and LEMON WAY, EASYTRANSAC may activate the Customer's Account.
- The usage limits and ceilings applicable to Verified Customers are set out in Appendix 2. EASYTRANSAC and LEMON WAY reserve the right to impose limits per Transaction and/or per period of time for the Customer, in derogation of the ceilings mentioned in Appendix 2 without having to justify this.
- Any payment transaction exceeding these thresholds will be refused and the Customer will be informed accordingly.
- Archiving of identification documents: EASYTRANSAC and LEMON WAY will keep a copy of the document(s) used to identify the Customer on an electronic archiving medium for a period of five (5) years after terminating relations with the Customer.
6. General obligations of the customer
a. Obligation relating to its trading activity
The Customer undertakes to comply with all legal and regulatory provisions applicable to it, particularly in the context of distance selling and consumer protection.
The Customer undertakes to comply with the general terms and conditions of sale communicated to the Purchaser and to supply the Purchaser with the goods, services or information purchased via the Solution in accordance with the information communicated at the time of the Order. The Customer is solely responsible for the Products it distributes free of charge or markets, even if it uses the Solution to make the payment.
EASYTRANSAC and LEMON WAY shall under no circumstances be liable for the performance of the contract concluded between the Customer and the Buyer. The Customer undertakes to indemnify and hold harmless EASYTRANSAC and LEMON WAY from any and all claims that may be brought against them as a result of the Customer's performance of the contract binding the Customer to the Buyer.
More generally, the Customer undertakes not to engage in any of the activities listed below as prohibited activities.
The Customer undertakes to make a written request in the event that he wishes to practice one of the restricted activities present in the following list: prohibited activities.
Failure to comply with any of these conditions will give rise to compensation for damages of a minimum of €10,000 at Easytransac's sole discretion, without prejudice to any other legal action.
In the event of misrepresentation of activities or any other matter leading to the opening of an account, Easytransac will retain all sums registered in its books, without waiving any other legal action that may be necessary. These sums will become the full property of Easytransac as damages after the legal time limit for contestation.
b. Duty to inform
The Customer undertakes to provide the Buyer with clear, detailed and easily accessible information relating to any Order or online or direct Transaction offer. By way of example, the Customer shall, as the case may be, inform the Buyer of its identity or corporate name, its registered office and its postal and e-mail address, the amount of delivery charges if any, the terms of payment of the price and delivery, the period of validity of the offer of sale and its price, the existence of the right of withdrawal and its terms and conditions.
The Customer undertakes to make its general terms and conditions of sale available to the Buyer in such a way that the latter can easily reproduce and retain them.
The Customer authorizes EASYTRANSAC and LEMON WAY to access free of charge, for the purposes of controls, verifications and tests, the contents of the electronic documents and services for the payment of which he uses the Solution.
c. Obligations relating to website content
Respect for the rights of others
The Customer undertakes to respect the rights of others and in particular :
- personal rights (such as image rights, privacy rights),
- intellectual property rights, in particular trademark rights and copyright (covering software, sounds, images, photographs, texts, animated images and films),
- neighboring rights (performers, phonogram and videogram producers), and the sui generis rights of database producers,
- in general, the rights of people and property.
Prohibited content
The Customer may not use the Solution for Products :
- contrary to public order and morality,
- of a pornographic nature
- related to fortune-telling (including clairvoyance, hypnosis, voodoo, etc.)
- abusive, defamatory, racist, xenophobic, homophobic, revisionist or damaging to the honor or reputation of others,
- inciting discrimination or hatred of a person or group of persons on the grounds of their origin, sexual orientation, membership or non-membership of a particular ethnic group, nation, race or religion,
- threatening a person or group of people,
- any content that degrades or harms the human person or its integrity,
- inciting to commit an offence, a crime or an act of terrorism, or glorifying war crimes or crimes against humanity,
- inciting to suicide,
- enabling third parties to obtain, directly or indirectly, pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any software or other tool for which the Customer does not have distribution rights,
- to infringe the rights of others and the safety of people and property,
- in violation of the privacy of correspondence,
- confidential by virtue of a legislative measure or legal act (in particular, inside information, privileged information, information constituting insider trading or information covered by professional secrecy).
And more generally any activity contrary to the laws and regulations in force.
- Protection of minors
The Customer undertakes to take all measures appropriate to the state of the art to block access by minors to Transactions involving Products that are forbidden to minors or that may harm their morality or development, such as, in particular, content of an erotic or pornographic nature or containing scenes of violence. In this respect, the Customer jointly undertakes:
- to configure the Payment Pages by selecting the minimum age group for the Product categories it offers, in order to prevent minors from accessing the aforementioned elements,
- explicitly warn - in the form of a warning message - that the content or services offered may offend the sensibilities of the public and are reserved for adults.
Failing this, EASYTRANSAC and/or LEMON WAY shall be entitled to modify the configurations of the payment pages proposed by the Customer in order to prohibit access by Minors.
EASYTRANSAC and/or LEMON WAY shall also be entitled to immediately suspend the Customer's EASYTRANSAC-LEMON WAY Account.
7. Accepted credit cards
The Solution enables the Customer to accept payments made with Bank Cards belonging to accepted Bank Card Networks.
To date, EASYTRANSAC and/or LEMON WAY manage the acquisition systems for CB, VISA and MasterCard in the EUR zone (and other requested currencies). For your information, all card countries are authorized except :
- Iran, North Korea, Myanmar, Afghanistan, Angola, Guyana, Iraq, Laos, Papua New Guinea, Vanuatu, Syria, Yemen, Bosnia, Uganda, Botswana, Brunei, Gibraltar, Guatemala, Guernsey, Marshall Islands, British Virgin Islands, Jersey, Liechtenstein, Montserrat, Nauru, Nive and Panama.
JCB, Diners, CUP, SOFORT, iDeal, GIROPAY, Euteller, BCMC and MisterCash cards are not accepted.
The list of accepted Credit Card Networks is indicated on the Site and may be modified by EASYTRANSAC at any time without prior notice.
8. Access to the EASYTRANSAC Solution - Service interruption
Customers are personally responsible for setting up the IT and telecommunications resources required to download the Application and use the EASYTRANSAC Service on their Equipment. They are responsible for all connection and telecommunication costs incurred when accessing and using the EASYTRANSAC Service.
The EASYTRANSAC Service is available 24 hours a day, 7 days a week to all Customers.
EASYTRANSAC and LEMON WAY reserve the right, to modify the hours of access to its service.
However, EASYTRANSAC and LEMON WAY do not guarantee continuous, uninterrupted access to all their services.
The Customer acknowledges that access to the Site or to all or part of their services may be restricted in particular:
- in the event of a breakdown
- to enable the correction of errors, updates, maintenance or the introduction of new features or services,
- in the event of suspected piracy, embezzlement or any other risk of damage,
- on requests or instructions from authorized persons or authorities.
- for the execution of transactions on the EASYTRANSAC-LEMON WAY Account,
- to close the EASYTRANSAC-LEMON WAY account.
Insofar as possible, EASYTRANSAC and LEMON WAY will inform the Customer of these operations and their duration.
EASYTRANSAC and LEMON WAY may not be held liable for any delay and/or non-accessibility to the Solution, the Application or the Site making it impossible to execute a payment or in the event of partial or erroneous execution, insofar as they result from the cases referred to above or from factors beyond the reasonable control of EASYTRANSAC and LEMON WAY, even if this delay or suspension of service should result in prejudice to the Customer.
As soon as normal service resumes, EASYTRANSAC and LEMON WAY will make every reasonable effort to process pending transactions as quickly as possible.
EASYTRANSAC and LEMON WAY undertake to use all reasonable means at their disposal to ensure that the Customer has uninterrupted access to his money.
9. Transaction
a. Buyer authentication
EASYTRANSAC and LEMON WAY allow the Customer to carry out Transactions via dynamic payment links that he can integrate into his site or generate on the fly; or via the EASYTRANSAC application.
EASYTRANSAC or LEMON WAY may initiate Buyer authentication using the "3D Secure" method if justified by the amount, the conditions of the Transaction or the information available. LEMON WAY or EASYTRANSAC may decide for each Transaction whether or not to use authentication. Under no circumstances may the Customer contest or demand a change in the authentication rules applied by EASYTRANSAC and LEMON WAY. However, if the Customer so wishes and if EASYTRANSAC and LEMON WAY have no objection, it may be jointly decided to systematically apply authentication rules for all Transactions received by the Customer.
If both the Customer and the Buyer are physically present at the time of the Transaction, then it is the Customer's sole responsibility to verify that :
- the name indicated on the credit card is that of the Buyer;
- the Buyer enters a credit card number on the web page or scans his credit card, expiry date and CCV2 code identical to those indicated on his credit card in the Application;
- the Buyer validates the Transaction.
b. Transaction validation
The transaction is carried out by compatible bank card bearing one of the following acronyms: CB, Visa and MasterCard. The transaction will only be considered as accepted once the bank payment centers concerned have given their agreement and once EASYTRANSAC and LEMON WAY have validated the transaction with regard to its risk acceptance criteria.
- Refusal to execute a transaction
EASYTRANSAC and LEMON WAY reserve the right to refuse to accept payment by credit card without the Customer being able to object, in particular if :
- the Buyer does not have sufficient funds in his bank account,
- if the Customer's limits mentioned in article 5 are exceeded,
- if the Buyer's credit card has expired or is not valid in France,
- if the Buyer's Credit Card is not one of the Credit Cards accepted by EASYTRANSAC and LEMON WAY
- if fraud is suspected,
- if the Transaction is carried out using a lost or stolen Bank Card,
- if the Transaction is refused by the Buyer's or Customer's bank.
In this case, EASYTRANSAC and/or LEMON WAY will inform the Customer as soon as possible and specify, if possible, the reason for refusal.
c. Transaction costs
For each Transaction carried out, the Customer authorizes EASYTRANSAC and LEMON WAY to deduct the Transaction Fees from his/her Account.
By default, the Transaction Fee as specified in appendix 1 is a commission on the Transaction amount. EASYTRANSAC and LEMON WAY are free to reduce the Transaction Fees applied to a Transaction or invoiced to a Customer, without necessarily having to inform the Customer. In the event of an increase in Transaction Fees at the initiative of EASYTRANSAC and LEMON WAY, EASYTRANSAC will inform the Customer in advance, who will have the possibility of accepting or refusing this increase, under the conditions defined in the preamble.
d. Transaction information
Once the Transaction has been completed, the Customer receives a Payment Confirmation on the Site or on the Application. Purchase Confirmations are sent by EASYTRANSAC to the Buyer solely in electronic form by email. They contain information relating to the Transaction, such as the amount and the Customer's name.
Once a Transaction has been completed, EASYTRANSAC updates the Transaction history accessible on the Customer's EASYTRANSAC-LEMON WAY Account.
The Customer may access, at any time, for consultation a detailed statement of payment transactions issued or received via the Service by clicking on the "History" tab accessible from the Customer area of the application and website.
EASYTRANSAC and LEMON WAY reserve the right to charge the Customer for the provision of additional information that is not provided in the Transaction history (for example: geographical data, information on payment errors, number of payment attempts, etc.). EASYTRANSAC will ensure that the Transaction history can be consulted online for a period of at least 3 months by the holder of the corresponding open EASYTRANSAC-LEMON WAY Account.
The Customer undertakes to check on a monthly basis the accuracy of the Transactions entered on his EASYTRANSAC-LEMON WAY Account and to notify EASYTRANSAC of any anomaly, and in any event within the time limits and in accordance with the conditions set out in the present General Terms and Conditions of Use. In this context, the Customer is responsible for any data entry errors relating to the Transaction he/she wished to carry out (telephone number or e-mail address of the Buyer, amount, quantity, etc.).
e. Transaction completion error
The Customer may, within 30 days of the value date of a Transaction, address to EASYTRANSAC any request or dispute concerning this Transaction if he considers it to have been carried out in error, poorly executed or not carried out, by sending an e-mail via the contact form.
EASYTRANSAC undertakes to verify the execution of this Transaction and to respond to the Customer within 96 hours.
After these 30 days, the Customer may no longer contest the Transaction.
f. Payment methods
EASYTRANSAC and LEMON WAY allow the Customer to receive payments by Credit Card in two ways, in cash or up to 12 (twelve) times free of charge.
g. Cash payment
In principle, the transaction is carried out on a cash basis, i.e. payment is made in full at the time of purchase.
The Customer pays the full price which, after processing by EASYTRANSAC and LEMON WAY, is paid to the Customer after deduction of commission and other costs.
h. In several instalments free of charge
EASYTRANSAC offers the Customer a payment facility solution, which enables payments by Bank Card from €100 to €3000 to be made in three instalments without any additional charges or interest other than those described in Appendix 1.
This solution is in no way a credit granted by EASYTRANSAC and/or LEMON WAY to the Customer insofar as neither EASYTRANSAC nor LEMON WAY will advance the price due to the Customer by the Buyer.
On the other hand, this solution enables the Customer to offer the Buyer the option of paying for the purchase in 2 or 3 instalments, giving the Buyer a payment facility of up to 3 months. The Customer may offer this service to Purchasers residing in Metropolitan France and holding a CB, Visa or MasterCard bank card with a validity date greater than the chosen financing period.
The EASYTRANSAC payment solution allows the customer to pay for the Transaction in 2 or 3 instalments:
Example in 2 installments:
- 1st instalment on the day of the Transaction: EASYTRANSAC offers the Customer the possibility of choosing, in agreement with the Buyer, the amount of the first payment. This amount must be between €1 and 70% of the total amount of the Transaction.
- 2nd instalment 30 days after the Transaction: the amount of the second instalment corresponds to the balance of the Transaction amount remaining due after deduction of the first instalment.
Example in 3 installments:
- 1st instalment on the day of the Transaction: EASYTRANSAC offers the Customer the possibility of choosing, in agreement with the Buyer, the amount of the first payment. This amount must be between €1 and 70% of the total amount of the Transaction.
- 2nd instalment 30 days after the Transaction: the amount of the second instalment corresponds to 50% of the outstanding Transaction amount, after deduction of the first instalment.
- 3rd instalment 60 days after the Transaction: the amount of the third instalment corresponds to the balance of the Transaction amount remaining due after deduction of the first and second instalments.
The 1st payment is cashed as a standard Transaction, the remainder is cashed in the form of distance selling Transactions, the Customer is credited with the outstanding balance as and when payments are received, the Customer and the Buyer are informed of the payment to be made by email at least 8 days before the due date, in the event of failure of the Transaction the Buyer is informed the same day by email.
EASYTRANSAC and LEMON WAY cannot be held responsible for the Buyer's failure to pay (insufficient funds, lost or stolen card, etc.).
The Customer is the sole judge of the Buyer's solvency and ability to pay on time, and assumes the entire risk of non-payment of the second and third instalments. Under no circumstances may the Customer ask EASYTRANSAC and/or LEMON WAY to take the place of the defaulting Buyer.
10. Refund
a. Customer-initiated reimbursement
A Transaction may be subject to a refund, for example in the event of a data entry error or cancellation of the sale by the Customer.
Refunds must be attributable to a Transaction that took place within the 120 days preceding the Refund operation. Refunds are made by re-crediting the credit card used by the Buyer for the corresponding Transaction. Under no circumstances may the amount of the Refund exceed the amount of the corresponding Transaction.
Transactions related to these Refunds will be subject to a transaction fee of 3% of the initial transaction.
b. Refund by EASYTRANSAC or LEMON WAY
In accordance with article L. 133-22 of the French Monetary and Financial Code, EASYTRANSAC and LEMON WAY are responsible, subject to articles L. 133-5 and L. 133-21 of the Monetary and Financial Code, for the proper execution of the payment transaction with regard to the Buyer until receipt of the funds by the beneficiary of the payment.
When EASYTRANSAC and/or LEMON WAY are responsible for a poorly executed payment transaction, EASYTRANSAC and/or LEMON WAY shall immediately refund the amount to the Buyer and restore the debited account to the situation that would have prevailed if the poorly executed payment transaction had not taken place.
11. Reporting
The Customer may, at any time, obtain a detailed statement of the payment transactions carried out online via the Site or Application. EASYTRANSAC keeps the Transaction history for at least three months.
The Customer will have access to the Transaction history on the Site and the Application, which will indicate for each transaction:
- a reference identifying the operation concerned;
- where applicable, information concerning the Buyer;
- the amount of the transaction concerned and, if applicable, the purpose of the transaction (e.g. name of item);
- details of any applicable fees
EASYTRANSAC specifies that the statistics presented by the Solution on the Customer's personal space are for information purposes only and may not be the subject of legal proceedings in the event of error or inaccuracy.
12. Technical problem
In the event of a technical problem during a Transaction, a Refund, or in the tracking of Transactions, or of a malfunction of the Solution, the Customer shall contact EASYTRANSAC via the contact form and/or by post at the following postal address: Easytransac Customer Service - 204 avenue de Colmar - 67100 STRASBOURG, specifying the problem encountered as precisely as possible and mentioning when the problem occurred.
The EASYTRANSAC CUSTOMER SERVICE can be contacted from 9 am to 6 pm (French time) from Monday to Friday by courier. During these hours, EASYTRANSAC will make every effort to respond to all requests within 4 working days of receipt. Requests received after 6 p.m. will be processed on the next working day.
EASYTRANSAC and LEMON WAY will make their best efforts to assist the Customer in resolving any technical problems he may encounter when using the Solution.
However, EASYTRANSAC and LEMON WAY may not be held liable in the event of the failure of a Transaction due to a technical problem.
13. Transfer operations
a. Transfer operations
When a Transaction is successfully completed, the corresponding funds are received by the Customer on the Account opened by EASYTRANSAC and LEMON WAY.
Subject to the stipulations below, the Customer obtains the transfer to his Bank Account of the funds held in his Account, within two (2) to five (5) Business Days depending on the usual bank processing times specific to each bank branch.
The Transfer is initiated by LEMON WAY, at the Customer's request from his EASYTRANSAC-LEMON WAY Account, at the nominal value of the registered funds, at no cost to the Customer other than the Transaction Fee.
The minimum amount to trigger a transfer is set at 5 euros.
Below this amount, the sum is kept by LEMON WAY on the Customer's account and will be transferred as soon as the sum of 5 euros is reached.
In addition to the amount of the Transaction, the Customer will not receive any interest or other income on the balance of his Account.
EASYTRANSAC and LEMON WAY accept no liability whatsoever in the event of funds being transferred to a bank account other than their own due to incorrect information provided by the Customer.
Cash receipts will be transferred to the account designated by the user, and duly verified, in the following manner:
- Or automatically after validation
- Or on request via the customer interface after validation
- Or on request by e-mail from the e-mail address known to our services
b. Blocking transfer operations
EASYTRANSAC and LEMON WAY reserve the right to withhold funds received and due to a Customer for as long as necessary in the following cases:
- if EASYTRANSAC and/or LEMON WAY have any suspicions whatsoever about the Customer or a Transaction (e.g. suspicions relating to the regularity of the activity in respect of which the payment is made or the conformity of the activity carried out with that declared, etc.).
- if the customer is involved in a dispute justifying the withholding of funds,
- if EASYTRANSAC and LEMON WAY consider that the risk of Payment Contestation is high due to the Customer's activity,
- if required by law, a court decision or the application of any decision of a regulatory or governmental authority.
- if the Transaction is contested in any way whatsoever by the Buyer, in particular if he indicates that he did not give his consent to the Transaction, and the Buyer turns to EASYTRANSAC and/or LEMON WAY for reimbursement or compensation.
In all cases, EASYTRANSAC and LEMON WAY are free to decide whether to withhold funds.
EASYTRANSAC will inform the Customer by email of the reason for which the funds are blocked, and the sums can only be released after the Customer has justified the absence of risk or irregularity. EASYTRANSAC and LEMON WAY will only release the funds if the elements provided by the Customer are conclusive.
14. Payment disputes
a. Grounds for objection
Any amount of a Transaction may be reversed from the Customer's Account, or, if the EASYTRANSAC-LEMON WAY Account no longer has sufficient credit, reclaimed from the Customer (an action constituting a "PAYMENT CHALLENGE") if the Transaction :
- is executed in error or incorrectly (Article L133-22 of the Monetary and Financial Code) (e.g. undue payment into the customer's account, payment for an amount greater than the transaction, etc.).
- is contested by the Buyer on the grounds that the transaction was unauthorized (e.g. use of a stolen card, etc.) or that the transaction was authorized for an unknown amount (articles L133-23 et seq. of the French Monetary and Financial Code).
- is cancelled by the Credit Card Network, a bank, the Buyer or the Credit Card issuer,
- is not authorized or if EASYTRANSAC and LEMON WAY have any reason to believe that the Transaction is not authorized under the obligations set by law or banking regulations,
- is considered illegal, suspicious or occurred in violation of the rules instituted by a bank or network concerned by this Transaction.
For any Transaction which EASYTRANSAC and LEMON WAY consider could give rise to a payment dispute, EASYTRANSAC has the right to ask LEMON WAY to withhold an amount equal to that of the payment dispute from the Customer's account while waiting to find out whether the payment dispute is founded or not.
b. Dispute resolution procedure
In the event of a disputed transaction, EASYTRANSAC and/or LEMON WAY will immediately notify the Customer by e-mail and, if necessary, invite the Customer to comment on the dispute to enable the situation to be resolved as quickly as possible.
c. Fees
Any payment dispute, unless it is the result of an error on the part of EASYTRANSAC and/or LEMON WAY, will generate charges for the Customer which will be debited from his account or which he will have to pay to EASYTRANSAC and LEMON WAY if the balance of his account does not present a sufficient credit to allow this debit in accordance with the tariff referred to in appendix 1.
EASYTRANSAC and LEMON WAY may also debit the Customer's Account or claim from the Customer an amount equal to the costs or fines related to the Payment Objection and paid by EASYTRANSAC or LEMON WAY.
If the Customer's Account Balance is insufficient to pay the Payment Objection, the Customer must immediately reimburse EASYTRANSAC and LEMON WAY the amount of the Payment Objection and the fees and expenses mentioned above.
d. More and more disputes
If EASYTRANSAC or LEMON WAY consider that Payment Disputes on the Customer's Account are too frequent, EASYTRANSAC and LEMON WAY reserve the right, at their sole discretion, to carry out checks or impose specific conditions on that Account, which may include:
- additional transaction fees,
- administration fees,
- the requirement of a sufficient reserve on the Account to cover potential future Payment Disputes and associated costs,
- a limitation on the right to Withdraw from this Account,
- systematic authentication of Buyers (3DSecure), and/or
- termination of the Contract and therefore closure of the EASYTRANSAC-LEMON WAY Account and the Account.
The Customer undertakes to assist EASYTRANSAC and LEMON WAY, at the latter's request, in the verification of Transactions, in particular in the steps related to the contestation of Payment Disputes.
15. Management fees and commissions
Downloading the Application and/or providing the programming interface enabling the Customer to integrate a credit card payment system on their own website or smartphone application is free of charge (excluding connection and telecommunication costs).
The use of the EASYTRANSAC Solution will result in the invoicing of commissions and management fees deducted from the amount of the Transaction as detailed in appendix 1.
In addition to these commissions, EASYTRANSAC and LEMON WAY reserve the right to invoice management fees in the event of additional operations, accessory or distinct from the payment transaction, for example:
- In the event of a payment dispute
- In the event of repayment
- In the event of non-compliance with the General Conditions of Use
- In the event of repeated interventions by EASYTRANSAC or LEMON WAY between the Customer and the Buyer, in particular for commercial disputes
This billing will appear in the monthly statement available in the back-office.
The Customer may, within 30 days of the date on which the invoice appears in his monthly statement, send EASYTRANSAC and LEMON WAY a request for information or a dispute concerning the commissions or management fees deducted by sending an e-mail via the contact form.
EASYTRANSAC and LEMON WAY undertake to check its invoicing and to reply to the Customer as soon as possible.
After these 30 days, commissions and fees cannot be contested.
In the event of a fine imposed by the payment service provider, scheme, bank or other, EASYTRANSAC will pass on the costs to the customer with immediate payment and will incur penalties where applicable. The totality of these sums will be collected by all possible means, without this list being restrictive.
16. Evidence
When using the Solution, the Customer produces electronic traces. These electronic traces will be considered as proof, until proof to the contrary, in particular :
- whether the Transaction request can be attributed to the Customer,
- the Customer's consent to the Transaction, and
- the date and amount of the Transaction
The Customer, EASYTRANSAC and LEMON WAY (the Parties) acknowledge that electronic traces are admissible and valid as evidence in the event of litigation.
17. Customer's obligations towards EASYTRANSAC and LEMON WAY
a. Compliance with rules applicable to the customer
The Customer undertakes to comply with these General Terms and Conditions of Use, to use the Solution in accordance with these General Terms and Conditions of Use and with the laws and regulations in force, and more generally to comply with the laws and regulations in force. The Customer undertakes not to use the Solution for operations that are contrary to law or morality.
b. Operation follow-up
The Customer must keep track of his EASYTRANSAC -LEMON WAY Account and the history of his Transactions, and reimburse Transactions unduly received, or the excess when the amount of the Transaction is incorrect. Any failure to comply with these obligations shall give rise to a Payment Dispute as defined in article 12 above.
c. Display
The Customer agrees to display EASYTRANSAC and LEMON WAY advertising material in full view of its Customers. This may include, but is not limited to, the EASYTRANSAC logo, the logos of the Bank Card Networks or any logo that EASYTRANSAC and LEMON WAY may wish to display in order to meet a requirement of the bank, a Bank Card Network, laws and regulations or, more generally, any advertising material reasonably requested by EASYTRANSAC and LEMON WAY.
d. Confidentiality of information provided by the Buyer
By using the Solution, the Customer may receive information about Buyers, including telephone numbers and/or e-mail addresses and credit card information. The Customer must keep all information relating to any Buyer confidential and use it solely within the framework of the Solution. The Customer shall not disclose such information, make it available to third parties or use it for commercial purposes unless it has received the Buyer's written consent or to satisfy any communication that is strictly necessary to comply with these General Terms of Use, legal or regulatory requirements or a court order. The Customer must comply with all applicable data protection regulations.
e. Managing risks related to the use of the telephony and Internet networks
By using the Solution, the Customer accepts all the conditions and risks inherent in the use of mobile telephones and the Internet, including but not limited to possible transmission delays, connection costs, technical malfunctions and risks of piracy. The Customer acknowledges that he/she is fully aware of the possibility of viruses and other malicious programs circulating on the Internet, and it is his/her responsibility to take all measures to protect him/herself.
EASYTRANSAC and LEMON WAY may not be held liable in any way whatsoever for any problem, defect or malfunction of the Solution attributable to a cause specific to the use of cell phones and the Internet.
The cell phones on which a Customer may download the Application are those mentioned on the Site. Under no circumstances is the Customer authorized to use the Solution on a cell phone whose technical characteristics have been modified without this being provided for by the manufacturer ("jailbreaking").
18. Customer liability - compensation
a. Activity different from that declared
If the Customer uses the Solution for an activity other than that declared at the time of registration, and if this activity does not comply with the GCU, EASYTRANSAC reserves the right to close the Customer's EASYTRANSAC-LEMON WAY Account and to claim from the Customer a penalty equal to €10,000 excluding VAT. This compensation is intended as a penalty. In addition, EASYTRANSAC and LEMON WAY may claim compensation from the Customer for all damages suffered by EASYTRANSAC and/or LEMON WAY as a result of these actions.
b. Activity for users with a corporate account
If the customer is affiliated with a company account on EASYTRANSAC, he may only use the EASYTRANSAC application within the framework of the activity declared by the company account. In the event that the Customer carries out an activity different from that declared by the company to which he/she is affiliated, EASYTRANSAC reserves the right to close the Customer's EASYTRANSAC-LEMON WAY Account and to claim compensation for damages from the Customer of a minimum of €10,000 at EASYTRANSAC's sole discretion, without prejudice to other legal actions. This compensation is intended as a penalty. In addition, EASYTRANSAC and LEMON WAY may claim compensation from the Customer for all losses suffered by EASYTRANSAC and/or LEMON WAY as a result of these actions.
c. Improper use of the solution
The Customer accepts liability for any use of the solution that does not comply with the rules of these GCU or the provisions mentioned on the site or application.
d. Damage caused to EASYTRANSAC and/or LEMON WAY in connection with the use of the Solution
The Customer is liable in all cases where the use of the EASYTRANSAC Solution causes EASYTRANSAC and/or LEMON WAY any prejudice whatsoever (for example if EASYTRANSAC and/or LEMON WAY were to be held liable by the Buyer in the event of poor performance by the Customer of its obligation and were to assert their rights).
e. Non-compliance with the GCU or any law, rule or contract applicable to the use of the Solution.
In all cases where the Customer fails to comply with any of the obligations of these GCU or any law, rule or contract applicable to the use of the Solution and this breach of contract causes EASYTRANSAC and LEMON WAY any prejudice, the Customer shall be required to compensate EASYTRANSAC and LEMON WAY in full.
f. Dissemination of confidential information
The Customer is liable if it disseminates confidential information entrusted to it by the Buyer or EASYTRANSAC and/or LEMON WAY. It must compensate EASYTRANSAC and LEMON WAY for any prejudice suffered by them as a result of this distribution.
g. Use of the Customer's EASYTRANSAC - LEMON WAY Account by a third party using his Identifier and password
The Customer is responsible for the safekeeping of his login and secret code, which he must not reveal to anyone. Should the customer allow a third party to use his EASYTRANSAC - LEMON WAY account, either voluntarily or through negligence, he will be held liable.
More generally, the Customer is liable for any damage or prejudice caused to EASYTRANSAC and/or LEMON WAY by himself or by one of the persons for whom he is responsible.
In all cases where the Customer has incurred liability, the Customer shall compensate EASYTRANSAC and/or LEMON WAY for all loss suffered by them, this loss including compensation for damage caused whether material, financial (loss or loss of earnings), related to the image or reputation of EASYTRANSAC and/or LEMON WAY, as well as costs, fees and expenses generated for the resolution of the situation, including all legal fees incurred by EASYTRANSAC and/or LEMON WAY.
19. Communication
a. Principle of electronic communication
By using the Solution, the Customer accepts that most communications with EASYTRANSAC and LEMON WAY will be by electronic means. EASYTRANSAC will contact the Customer by email or provide information to the Customer by posting advertisements on the Site.
To enable these communications, the Customer undertakes to always have at least one valid email address, postal address and telephone number entered in his/her EASYTRANSAC Account. EASYTRANSAC and LEMON WAY shall not be held liable if the information provided is invalid or has changed without EASYTRANSAC and LEMON WAY being informed.
The Customer must carefully read all correspondence exchanged with EASYTRANSAC and LEMON WAY and notify EASYTRANSAC and LEMON WAY as soon as possible if he/she notices that such correspondence contains information that seems inaccurate.
The Customer should regularly check his e-mail messages. These may contain links to other information on the Site. Where legislation requires information to be provided on a durable medium, EASYTRANSAC will send an email or notification referring to the Site, which may be printed or kept in any other format enabling the Customer to consult this information at a later date. The Customer is required to retain all communications sent or made available by EASYTRANSAC.
b. Maintenance, repair or improvement of the Solution
The Customer understands and accepts that EASYTRANSAC and LEMON WAY may contact the Customer and request information within the framework of maintenance operations, repairs or improvements to the Solution. In general, the Customer accepts that EASYTRANSAC and LEMON WAY may also contact him by mail or telephone if necessary. Insofar as this is strictly necessary for the maintenance or repair of the Solution, the Customer undertakes to allow EASYTRANSAC and LEMON WAY free access to its premises in order to carry out any necessary checks.
c. Customer contact with EASYTRANSAC
In the event that the Customer wishes to contact EASYTRANSAC for any reason whatsoever: to obtain or communicate information, to formulate a dispute, to warn of a risk or malfunction, for example, he may use the contact form and/or by post to the following postal address: Easytransac Customer Service - 204 avenue de Colmar - 67100 STRASBOURG.
d. Proof
The Customer accepts this means of communication and acknowledges, insofar as this does not derogate from the law, that such electronic communications have the same value as communications on paper. E-mails, acknowledgements of receipt, as well as messages posted on the Site or on the Application, are recognized by the parties as opposable to the other party in the event of a dispute.
EASYTRANSAC and LEMON WAY will consider that any electronic communication has been received by the Customer within 24 hours following its posting on the Site or the sending of an email, unless EASYTRANSAC and LEMON WAY have received notification that the email has not been received by the Customer.
20. Relations with third parties
a. Unenforceability of the Customer-Buyer relationship against EASYTRANSAC and LEMON WAY
The Customer confirms and accepts that EASYTRANSAC and LEMON WAY are only the suppliers of the payment solution, and are therefore external third parties to the commercial relationship existing between them and their Buyer, and do not assume any kind of responsibility arising from the transaction linking the Customer and their Buyer, in particular relating to the quality and nature of the Products sold, their price, discounts, the guarantee conditions applied, the correct execution of the order....
Except for cases of payment cancellation authorized for recurring payments or by law, regulation or judicial or administrative decision, EASYTRANSAC and LEMON WAY are not entitled to cancel a Transaction for reasons of commercial or other dispute opposing a Buyer and a Customer.
However, in accordance with the provisions of these GCU, EASYTRANSAC and LEMON WAY reserve the right to block a transaction in the event of a dispute if the Buyer intends to hold EASYTRANSAC and/or LEMON WAY liable.
The Customer undertakes to indemnify and hold harmless EASYTRANSAC and LEMON WAY from any and all actions that may be brought by a Buyer or any other third party against them as a result of the performance by the Customer of its contract with this Buyer or this third party. He guarantees not only the costs incurred by EASYTRANSAC or LEMON WAY to assert their rights in the resolution of the dispute in question and any sums which EASYTRANSAC or LEMON WAY may owe as a result.
b. Customer identification
By accepting the General Terms and Conditions of Use, the Customer agrees to always present himself as an entity distinct from EASYTRANSAC and LEMON WAY, and may under no circumstances present himself or act as an agent of EASYTRANSAC or LEMON WAY in accordance with the provisions of Article 1984 of the French Civil Code.
c. Disclosure of the Customer's identity
EASYTRANSAC and LEMON WAY will use the information communicated by the Customer to communicate his identity, but cannot under any circumstances be held responsible for the distribution of erroneous identity information if this information comes from the Customer.
d. Additional customer commitments
In order to be able to provide the Solution, EASYTRANSAC and LEMON WAY may and/or must sign agreements with other payment institutions and banks. The latter may require the Customer to sign a contract with them, in which case EASYTRANSAC and LEMON WAY will provide either the appropriate contract or general conditions of use which the Customer must complete, accept or sign, as the case may be, with the third party concerned in order for EASYTRANSAC and LEMON WAY to be able to make the Solution available. This may occur during the registration procedure or at any other time. If the Customer does not complete, accept or sign, as the case may be, the additional contract or the general terms of use with the third party concerned, EASYTRANSAC and LEMON WAY reserve the right, at its sole discretion, to suspend or close its EASYTRANSAC-LEMON WAY Account and to terminate the Contract.
21. Intellectual property
a. EASYTRANSAC intellectual property
The Application, the Site and each of the elements of which they are composed, including but not limited to texts, offers, graphics, images, videos, photographs, brands, logos, company names, domain names, and any software made available to the Customer by EASYTRANSAC, in their current or future version (hereinafter the "PROPERTIES") belong exclusively to EASYTRANSAC and are protected by the latter's intellectual property rights.
EASYTRANSAC grants the Customer, on a non-exclusive basis, the right to use the Properties to the extent necessary for the use of the Solution. The Customer is prohibited from copying, modifying, integrating the Properties on any medium whatsoever, reverse engineering them or using any other method to attempt to access the source codes of the Properties. More generally, the Customer shall refrain from infringing in any way whatsoever EASYTRANSAC's intellectual property rights on the Properties in their present or future version.
The Customer acknowledges that he/she cannot claim any intellectual property rights over the Application, the Site and the elements that make them up. In particular, any reproduction or representation, in whole or in part, of the Application, the Site or any of their constituent parts, without the authorization of the Company, is prohibited and may be prosecuted, in particular for counterfeiting.
The Customer shall therefore refrain from selling, assigning, licensing, sublicensing, pledging or, more generally, transferring the Properties to a third party in any other way.
The Customer's comments or suggestions to improve the Solution will be free of charge and EASYTRANSAC may use them without compensation.
b. Intellectual property of LEMON WAY
No intellectual property rights relating to the use of the LEMON WAY service or to the services provided by LEMON WAY through the LEMON WAY system are transferred to Customers under these General Terms and Conditions. The Customer undertakes not to infringe the rights held by LEMON WAY, in particular by refraining from any reproduction or adaptation of all or part of the intellectual and material elements making up the LEMON WAY system and its accessories, whatever the current or future medium.
All rights relating to the software of the LEMON WAY system are the full and complete property of LEMON WAY. They form part of its manufacturing secrets and confidential information, regardless of whether or not certain components are protected by intellectual property rights under current legislation.
The software of the LEMON WAY system and, where applicable, its documentation, are recognized by the Customer as an intellectual work that the Customer and the members of its staff undertake to consider as such and to refrain from copying, reproducing, translating into any other language or language, adapting, distributing free of charge or against payment, or adding to it any object that does not conform to its specifications.
The "LEMON WAY" trademark is the property of LEMON WAY. The customer undertakes not to remove the mention of the "LEMON WAY" trademark from any element provided or made available by LEMON WAY, such as software, documents or advertising banners.
22. Blocking or Closing the Account
a. By decision of the customer
The customer may at any time request that his account be blocked for any reason whatsoever, and must make this request without delay if he suspects fraudulent use of his account by a third party.
The Customer may terminate the General Terms and Conditions of Use at any time, subject to thirty (30) calendar days' notice. Such termination shall entail termination of the entire Contract. To do this, the Customer must send notification to the EASYTRANSAC Customer Service Department, by registered letter with acknowledgement of receipt, to the following postal address: Easytransac SAS Head Office: 204 avenue de Colmar - 67100 STRASBOURG. In this case, all funds held in the EASYTRANSAC-LEMON WAY Account and due on the closure date will be returned to the Customer by Transfer and the EASYTRANSAC-LEMON WAY Account will be closed.
b. By decision of EASYTRANSAC or LEMON WAY
EASYTRANCAC and/or LEMON WAY may terminate the present contract without cause by giving 30 days' notice by registered letter.
In the cases described below, EASYTRANSAC or LEMON WAY may block the Customer's EASYTRANSAC-LEMON WAY account if :
- the Customer has breached these General Terms and Conditions of Use or any other conditions applicable to the use of the Solution, including in particular the rules of the Bank Card Networks;
- the Customer is in breach, or EASYTRANSAC and LEMON WAY have legitimate reason to believe that the Customer is in breach, of a law or regulation applicable to the use of the Solution;
- EASYTRANSAC and LEMON WAY have legitimate reason to believe that the Customer is involved in fraudulent activities, money laundering, terrorist financing or any other criminal activity;
- the Customer creates an excessive credit or fraud risk for EASYTRANSAC and LEMON WAY;
- EASYTRANSAC and LEMON WAY have legitimate reasons to believe that the Customer's EASYTRANSAC-LEMON WAY Account has been hacked or that the use of the Account is likely to pose a security problem; or
- EASYTRANSAC and LEMON WAY are not in a position to inform the Customer, in particular in the event that the details provided on the Customer's EASYTRANSAC-LEMON WAY Account are inaccurate, out of date or incomplete.
EASYTRANSAC or LEMON WAY informs the Customer of this blocking and invites him to give his opinion within 3 days on the reason for the blocking.
This information is sent by e-mail and registered post.
Depending on the information provided, EASYTRANSAC or LEMON WAY may decide to request further information and to maintain the block until the situation is clarified or regularized, to put the EASYTRANSAC-LEMON WAY Account back into operation or to close it.
In any event, failure to reply to the letter from EASYTRANSAC or LEMON WAY will result in closure of the Account.
Under no circumstances shall EASYTRANSAC or LEMON WAY be held responsible for the consequences for the Customer of the closure of his/her EASYTRANSAC-LEMON WAY Account.
c. Consequences of closing the EASYTRANSAC-LEMON WAY Account
Closure of the Customer's account does not automatically terminate these GCU, which the Customer acknowledges he must respect and apply until the end of his relationship with EASYTRANSAC and LEMON WAY.
If the Customer's Account is closed for any reason whatsoever and the EASYTRANSAC-LEMON WAY Account is consequently closed, the Customer hereby accepts that :
- Transaction Fees and any other sums owed by the Customer to EASYTRANSAC and LEMON WAY at the time the Account is closed remain due,
- EASYTRANSAC has the right to delete all information and data relating to the Customer on its servers, unless otherwise provided by law,
Reactivation of the Account will be at the discretion of EASYTRANSAC and LEMON WAY.
The Customer whose Account has been closed by EASYTRANSAC or LEMON WAY is not authorized, except with the express agreement of EASYTRANSAC and LEMON WAY, to open another EASYTRANSAC-LEMON WAY Account. Any EASYTRANSAC-LEMON WAY Account opened in breach of this provision may be immediately closed by EASYTRANSAC without notice.
The Equity available on the EASYTRANSAC-LEMON WAY Account subject to closure will entitle the Customer to a Withdrawal subject to current operations and any future unpaid amounts, bank rejections or oppositions. EASYTRANSAC and LEMON WAY reserve the right to seek legal redress for any prejudice they may have suffered as a result of the violation of the General Terms and Conditions.
d. Unused account
Any Account which has been inactive for a period of twelve (12) months will be notified of inactivity by LEMON WAY and/or EASYTRANSAC by e-mail to the Customer's last known e-mail address, followed by a reminder one month later. In the absence of any response or use of the balance credited to the EASYTRANSAC-LEMON WAY Account within this period, LEMON WAY may close the Account and maintain it for the sole purpose of transferring the sums due to the bank account indicated by the Customer.
23. Death or cessation of activity of the Customer
a. Deaths
In the event of the death of the Customer holding the Account, EASYTRANSAC and LEMON WAY must be notified as soon as possible by the heirs or their representative. If this notice is given verbally, it must be confirmed in writing. Upon receipt of this written notice, EASYTRANSAC and LEMON WAY will ensure that no transactions are carried out on any Assets and will proceed to close the EASYTRANSAC - LEMON WAY - Account and terminate the present contract.
If the balance of the Customer's EASYTRANSAC - LEMON WAY Account is in credit, the sums will be transferred to the bank account attached to the Customer's EASYTRANSAC - LEMON WAY Account.
If this account is closed and if the Assets present on the account in the name of the deceased are greater than the fees required to cover the costs of the Withdrawal, they may be withdrawn in favour of the rightful claimants subject to the production by the rightful claimants or their representative of documentary evidence, in accordance with the applicable legislation, establishing their status as heirs and their right to receive the said sums. EASYTRANSAC or LEMON WAY reserve the right to request any other document they deem necessary to carry out this operation. In the absence of a Withdrawal for any reason whatsoever, including the failure to produce a supporting document to EASYTRANSAC or LEMON WAY, the provisions of articles 22.4 and 27 of the present General Terms and Conditions will apply to the Assets.
b. Cessation of activity
In the event of cessation of the Customer's activity for any reason whatsoever, in particular safeguard, receivership, compulsory liquidation, amicable liquidation, cessation of activity, mothballing, EASYTRANSAC and LEMON WAY must be notified as soon as possible by the company representative or the independent professional.
If the balance of the Customer's EASYTRANSAC - LEMON WAY Account is in credit, the sums will be transferred to the bank account attached to the Customer's EASYTRANSAC - LEMON WAY Account.
If this account is closed, and if the assets held on the account in the customer's name exceed the fees required to cover the withdrawal costs, they may be withdrawn in favor of the customer (e.g. in the case of a company in liquidation), the Customer's successor(s) who have ceased their activity (e.g. the partners of a liquidated company) or any person representing the Customer in the event of insolvency proceedings, subject to the production by the Customer's representatives, successor(s) or agent(s) of evidence, in accordance with the applicable legislation, establishing their status as beneficiaries of the sums as well as their right to receive said sums. EASYTRANSAC or LEMON WAY reserve the right to request any other document they deem necessary to carry out this operation.
In the event of failure to Withdraw for any reason whatsoever, including failure to provide EASYTRANSAC or LEMON WAY with documentary evidence, the provisions of articles 22.4 and 27 of these General Terms and Conditions shall apply to the Credit Notes.
24. Compensation
The Customer undertakes to indemnify EASYTRANSAC and LEMON WAY against all damages, costs, fees and expenses (including legal fees incurred by EASYTRANSAC and LEMON WAY in this context) relating to :
- a breach by the Customer of the General Terms of Use or of any law, rule or contract applicable to the use of the Solution,
- misuse of the Solution,
- any Transaction received in error by the Customer,
- any use of the customer's EASYTRANSAC - LEMON WAY account by a third party using his login and password
- any fines or fees applied by organizations to which EASTRANSAC is subject as a result of the Customer's use of the services
25. Liability
a. Responsibilities of EASYTRANSAC
EASYTRANSAC and LEMON WAY undertake to use their best efforts to ensure that Transactions are carried out in accordance with the terms and conditions and within the deadlines set out in these GCU. They are bound by an obligation of means only.
EASYTRANSAC and LEMON WAY cannot guarantee that the Customer using the Solution will complete a Transaction or that he is authorized to do so.
In the event of a delay in the execution of a Transaction or the incorrect execution of a Transaction, the Customer may under no circumstances engage the liability of EASYTRANSAC and LEMON WAY if the operation is settled within 30 days of the warning sent by the Customer to EASYTRANSAC pointing out the problem.
After execution of a Transaction, the funds received by the Customer on his Account are placed under the responsibility of LEMON WAY on a segregated account opened with a credit institution.
EASYTRANSAC and/or LEMON WAY cannot be held responsible for any delay in the transfer of these funds.
EASYTRANSAC and LEMON WAY shall in no event be held liable for any loss or damage suffered by the Customer resulting in whole or in part from the Customer's failure to comply with these General Terms and Conditions.
In general, in the event that EASYTRANSAC is held liable, EASYTRANSAC's compensation to the Customer may not exceed the amount of Transaction Fees collected by EASYTRANSAC and LEMON WAY from this Customer during the month preceding the event on which the claim is based.
EASYTRANSAC and LEMON WAY shall in no event be liable for any direct or indirect damages such as loss of revenue or profit, loss of reputation, loss of data, and/or any other loss or damage resulting from the use or non-use of the Solution.
EASYTRANSAC and LEMON WAY do not warrant or assume any liability of any nature or form whatsoever for any acts or omissions of third parties using the Solution or for any acts or omissions of third parties advertising on the Site.
b. Responsibilities of LEMON WAY
For all its services, LEMON WAY is subject to an obligation of means and not of result. LEMON WAY only offers an electronic payment service. LEMON WAY assumes no responsibility for the fulfilment by Customers of any reciprocal obligations: thus LEMON WAY assumes in particular no responsibility for the nature of the money transfer (payment of a debt, of a product, donation, loan, undue payment, etc.), for the validity or accuracy of the payment, for errors or inaccuracies in the information communicated to Buyers by Customers or for the malfunctioning of the Customer's website.
LEMON WAY shall only be liable for its wilful misconduct or gross negligence. In these circumstances, LEMON WAY's liability will be limited to the balance available on the Customer's EASYTRANSAC-LEMON WAY Account at the time of the harmful event.
LEMON WAY shall under no circumstances be held liable for any damage of the Customer which would result partially or totally, from the non-respect of the present Terms and Conditions by the said Customer.
Under no circumstances shall LEMON WAY be liable for any direct and/or indirect damage, such as commercial loss, loss of customers, any commercial disturbance whatsoever, loss of profit, loss of brand image suffered by a Customer, or by a third party, and which may result from LEMON WAY's services or from the implementation of the Operating Platform, or from its unavailability. Any action brought against a Customer by a third party is deemed to be an indirect loss, and consequently does not give rise to any right to compensation.
LEMON WAY reminds you that the statistics presented by the LEMON WAY system on a LEMON WAY customer area are for information purposes only and may not be the subject of legal proceedings in the event of a default.
26. Force majeure
Unless otherwise stipulated in these General Terms and Conditions or in mandatory laws and without prejudice to the other grounds for exclusion or limitation of liability provided for herein, EASYTRANSAC and LEMON WAY may under no circumstances be held liable for any damage caused by a foreign cause which cannot be attributed to EASYTRANSAC or LEMON WAY or in the event of force majeure or an event beyond their control or any measure or legislative provision taken by the French or foreign authorities.
In particular, the following are deemed to constitute a case of force majeure or an event beyond the control of EASYTRANSAC and LEMON WAY, in addition to those usually retained by the jurisprudence of French courts and tribunals: any unforeseeable, irresistible event external to EASYTRANSAC and LEMON WAY preventing them from providing the Solution, such as: a power failure, fire or flood, total or partial strike of its personnel, whether internal or external to the company (subcontractors, suppliers, etc.), legal or governmental restrictions, legal or regulatory changes to forms of marketing, computer breakdown, telecommunications blockage, negligence on the part of a third party such as those responsible for the delivery of electricity or telecommunications services, and the negligence of a third party such as those responsible for the delivery of electricity or telecommunications services..), legal or governmental restrictions, legal or regulatory changes to forms of marketing, computer breakdown, telecommunications blockage, negligence of a third party such as persons responsible for the delivery of electricity or telecommunications services, and any other event beyond the control of EASYTRANSAC and LEMON WAY preventing the normal performance of these General Terms and Conditions of Use by either of these parties.
In the event of force majeure, the services governed by the present General Terms and Conditions of Use will be suspended. Should the case of force majeure persist beyond a period of thirty (30) days, either Party may terminate the contractual relations governed by the present General Terms and Conditions of Use. EASYTRANSAC, LEMON WAY and the Customer will then be released from their respective obligations, without any compensation being due by any of the Parties as a result.
27. Protection of funds
The Account Holder's funds are deposited, at the end of the Business Day following the Day on which they were received by the Service Provider, in a segregated account opened in the books of a Bank under the conditions required by regulations.
28. Safekeeping of assets
LEMON WAY will keep the funds paid by the Customer, after deduction of any applicable fees and taxes and of the commission due to EASYTRANSAC, in a bank account opened with a special allocation with LEMON WAY's bank, which is BNP Paribas.
The commissions due to EASYTRANSAC and the fees applied to Transactions carried out via the Solution will be paid into a bank account opened by LEMON WAY with its bank. The balances of Accounts closed at the end of the contractual period of inactivity will be paid to the State after 30 years.
29. Archiving recordings
For a period of five (5) years, LEMON WAY will keep the records and documents of the transactions carried out on an electronic archiving medium so that they can be accurately reconstructed, in particular the transactions covered by anti-money laundering and anti-terrorist financing regulations.
30. Collection and processing of personal data (privacy policy)
EASYTRANSAC and LEMON WAY comply with all applicable provisions concerning the protection of privacy, in particular the French Data Protection Act (Loi Informatique et Liberté) no. 78-17 of January 6, 1978. In accordance with the law, EASYTRANSAC and LEMON WAY have declared the processing of personal data to the CNIL.
EASYTRANSAC and LEMON WAY collect and store personal data voluntarily provided by the Customer. Thus, data relating to the Customer's identity, telephone number, e-mail address, place of residence, credit card or bank account number, Transaction or transfer, and computer IP address are deemed to be personal data relating to the individual Customer.
Any holder of personal data may request rectification of the data concerning them by using the contact form.
If you have any comments or if you feel that this privacy policy has not been respected, you may contact LEMON WAY, which is the company responsible for processing this data, at the address mentioned in article 32 of these General Terms and Conditions.
a. Security of collected data
Access to the LEMON WAY servers and system on which data is collected, processed and archived is strictly limited. Appropriate technical and organizational precautions have been taken to prevent unauthorized access. Within LEMON WAY, only persons whose functions justify it may access the Customer's personal data.
LEMON WAY undertakes to guarantee the existence of adequate levels of protection in accordance with applicable legal and regulatory requirements, in particular those relating to banking secrecy and data protection. For security reasons, after the closure of the EASYTRANSAC-LEMON WAY Account, LEMON WAY will keep the Customer's personal data for a period of five (5) years, as well as the history of events and operations linked to his Customer Area and mentioned in his electronic Account Statement.
b. Purposes of data processing by LEMON WAY
The Customer is informed and accepts that LEMON WAY, in its capacity as data controller, collects and processes his/her personal data for the purposes of :
- compliance with all applicable legal and regulatory provisions, in particular with regard to the prevention of money laundering and the financing of terrorism,
- Transaction processing/management and archiving
- control and prevention of incidents and irregularities (fight against fraud and any other type of abuse),
- central customer management,
- processing of customer requests,
- tests, statistics and surveys,
- training for staff assigned to the LEMON WAY service,
- service quality control,
- commercial prospecting, advertising and direct marketing relating to payment services or other products or services promoted by LEMON WAY or by companies linked to or belonging to LEMON WAY. The Customer is informed that his/her personal data may be recorded in one or more files in compliance with applicable legislation and agrees that the data collected may be recorded and processed in accordance with the aforementioned purposes.
c. Communication of collected data
The Customer accepts that personal data strictly necessary for at least one of the aforementioned purposes or as required by applicable regulations, will be communicated by LEMON WAY :
- subcontractors and outsourced service providers,
- to other Customers, in particular Merchants, for the purpose of carrying out the Transfer between LEMON WAY Accounts or payment transaction.
In this case, only information such as name, e-mail address and date of registration may be communicated. LEMON WAY will not communicate the Customer's credit card number or bank account number unless expressly authorized by the Customer or ordered to do so by a judicial or administrative authority or other legal procedure.
The Customer accepts that the communication of his personal information to the above-mentioned persons may be made, in accordance with the above-mentioned conditions, to another country of the European Union and also to a country outside the European Union which guarantees an adequate level of protection in accordance with a decision of the European Commission.
d. Rights of opposition, access and rectification
The Customer has a right of access to the personal data concerning him/her and is informed that he/she may consult at any time on his/her EASYTRANSAC-LEMON WAY Account the information he/she has communicated to EASYTRANSAC by filling in the Special Conditions. The Customer has the right to obtain rectification of inaccurate data concerning him/her, and is informed by EASYTRANSAC that he/she may modify certain personal information from his/her EASYTRANSAC-LEMON WAY Account.
The Customer's right of opposition may be exercised with EASYTRANSAC for processing envisaged for the purposes of commercial prospecting, advertising and direct marketing relating to payment services or other products or services promoted by EASYTRANSAC and LEMON WAY.
The rights of opposition, access and rectification may be exercised free of charge on request to EASYTRANSAC :
- by e-mail using the contact form; or
- by post to the following address:
Société Easytransac SAS
Customer Service
204 avenue de Colmar
67100 STRASBOURG
e. Use of cookies
EASYTRANSAC informs you that when using the Solution, cookies (files sent by EASYTRANSAC servers and stored on the hard disk of the Internet user's computer) are used. These cookies are primarily used to improve the operation of the Solution, particularly in terms of speed.
These cookies allow either:
- to keep the identification made at the opening of the Customer session active, so that the Customer does not have to re-enter his EASYTRANSAC-LEMON WAY Account Identifiers for each page consulted on the EASYTRANSAC Site. These temporary cookies expire automatically when the Customer closes his/her session or browser.
- to store the Customer's email address in the Customer login form on the EASYTRANSAC Site. Thanks to this cookie, the customer's email address is displayed each time the Customer Area is opened.
The Customer is informed that he may refuse EASYTRANSAC cookies in his browser settings, but that this may alter his use of the Solution.
31. General
In the event that administrative formalities are necessary for the execution of the present General Terms and Conditions, EASYTRANSAC, LEMON WAY and the Customer will assist each other in the completion of these formalities.
If any of the non-substantial stipulations of the General Terms and Conditions is null and void with regard to a rule of law in force, it will be deemed unwritten, but will not lead to the nullity of the present General Terms and Conditions.
Any attempt at fraud, usurpation or proven false description of activity will give rise to compensation for damages of a minimum of €10,000 at Easytransac's sole discretion, without prejudice to other legal actions.
The fact that one of the Parties does not avail itself of a breach by another Party of any of its obligations hereunder shall not be construed as a waiver of such obligation for the future.
In the event of any difficulty of interpretation between any of the headings and any of the clauses of the General Terms and Conditions, the headings shall be disregarded.
32. Applicable law
The General Terms of Use are governed by and construed in accordance with French law.
The language of interpretation is the French language in the event of a dispute as to the meaning of a term or stipulation of the present Terms of Use.
Any dispute relating to the validity, interpretation or execution of the General Terms of Use shall fall within the exclusive jurisdiction of the courts of Strasbourg.
33. Divisibility
Should a court rule that one or more of the stipulations of these General Terms and Conditions of Use is null, invalid or unenforceable, the lack of effect of any one of the stipulations of the General Terms and Conditions of Use shall not affect the remainder of the General Terms and Conditions of Use, which shall be executed as if that stipulation had never existed, and the stipulation(s) concerned shall be replaced as far as possible by new valid and enforceable stipulations.
34. Transfer
EASYTRANSAC and LEMON WAY may freely transfer its rights and obligations under these General Terms and Conditions of Use to a third party of its choice. The Customer's agreement to such a transfer is deemed acquired by virtue of the present General Conditions of Use.
Under no circumstances may the Customer transfer all or part of the rights and obligations resulting from these General Terms and Conditions of Sale to a third party without the prior written agreement of EASYTRANSAC and LEMON WAY and without having made the corresponding updates to the information in his EASYTRANSAC- LEMON WAY Account.
35. Complaints, mediation
Any complaint concerning EASYTRANSAC or the Solution should be addressed to :
- via the contact form, indicating "Complaint" in the subject line; or
- by post to the following address:
Easytransac SAS
Customer Service
204 avenue de Colmar
67100 STRASBOURG
Complaints about LEMON WAY can be made free of charge on request to LEMON WAY :
- by e-mail to the following address: support@LEMON WAY.com ;
or
- by post to the following address:
Société LEMON WAY
Service Réclamation
14, rue de la Beaune
93100 Montreuil
In accordance with ACPR recommendation 2011-R-05 of December 15, 2011, an acknowledgement of receipt will be sent within ten days. Complaints will be processed within two months of receipt.
If no amicable agreement can be reached, the customer may contact, by letter, an independent mediator, who may be contacted free of charge in the event of a dispute arising from the application of the present terms, a Mediator in Strasbourg, without prejudice to other legal avenues of action.
APPENDIX 1 - MANAGEMENT FEES AND EXPENSES
VAT not applicable - art 261C du CGI.
Commissions on each credit card payment are debited in real time from your EASYTRANSAC-LEMON WAY account associated with your EASYTRANSAC service.
Other Management Fees that cannot be deducted in real time are invoiced monthly.
All prices quoted are exclusive of VAT.
By using the EASYTRANSAC service, you agree to pay all applicable management fees and commissions as indicated below:
All Easytransac solutions
Payment accepted by CB , VISA or MASTERCARD credit cards issued in the EURO zone:
- 1.2% of the total amount plus a lump sum of €0.15
Payment accepted by VISA or MASTERCARD issued outside the EURO zone:
- 2.7% of the total amount plus a lump sum of €0.25
Payment refused
- 0€
Other expenses
Management fees :
- €0per new payment account opened
- €0 management fee per month from the first payment onwards
Setup fee :
- 0€
Chargeback / stop payment / payment repudiation
- €45 per unpaid transaction
Refund
- 3% of total repayment amount
Payment by direct transfer (Open Banking / Pay by Bank)
- 0.5% of the total amount plus a flat fee of €0.75
SEPA Direct Debit (SDD)
- 0.5% of the total amount plus a flat fee of €1.90
- A 14-day deposit is applied by default on this type of payment.
B2B SEPA Direct Debit
- 0.8% of the total amount plus a flat fee of €1.90
- Only used to manage the collection of payments between companies, it does not apply to individuals or self-employed entrepreneurs
This type of direct debit cannot be challenged, and no security deposit is required.
Merchant account loading via SEPA credit transfer (dedicated IBAN on request)
- 0.8% of total amount
Cancellation of pre-authorization (payment not accounted for when direct debit is authorized)
- Commission identical to that of a payment accepted by credit card
Transaction representation
- Same commission as for payment by credit card
Outgoing bank transfers to a bank in Europe, within the SEPA zone :
- Free
Bank transfers outside the SEPA zone :
- Flat fee of €15 + 1.5% of the total amount of the transfer
Fees for missing, erroneous or returned external transfers :
- €25 fee per refused transfer
Other rates
Guarantee: 5% over the 6-month rolling period, in payment volume, is reserved and not transferred, and serves as a guarantee in the event of payments refused by Charge-Back or other fraud-related charges, which EASYTRANSAC and LEMON WAY pass on to the partner.
- OFFERED: NO GUARANTEE as long as the percentage of fraud is less than 0.2% by volume.
Response to a police request addressed to EASYTRANSAC and LEMON WAY (complaint lodged by a cardholder who had made a payment for the partner, followed by a judicial requisition):
- €450 per request
Request for accounting statement signed by the accountant of EASYTRANSAC and LEMON WAY :
- €150 per request
Summons to a free hearing by the police, art.61-1 of the code of criminal procedure :
- 5.000€
Collection fees :
- €50 package
PrestaShop :
- €69.99 EXCLUDING VAT
All tariffs may be revised upwards or downwards, on a customer-by-customer basis, depending on chargeback risk and revenue potential.
APPENDIX 2 - CEILINGS AND USAGE LIMITS
Ceilings and usage limits :
For unverified customers
- systematic Buyer authentication (3DSecure) ;
- minimum payment of €0.25
- €250 maximum unit payment by a Buyer; or
- €2,500 in payments accumulated on the customer's EASYTRANSAC-LEMON WAY account over the last 12 months
For Verified Customers
- minimum payment of €0.25
- €20,000 maximum unit payment by a Buyer
Under certain conditions, it is possible to exceed this threshold, subject to the agreement of our partner bank.
APPENDIX 3 - WITHDRAWAL FORM
(Form relating to the withdrawal period provided for in article L. 341-16 of the French Monetary and Financial Code)
Please complete and return this form only if you wish to withdraw from the contract.
To be valid, your retraction must be sent using the form below no later than 14 days from the conclusion of the contract (i.e. the date of electronic signature of the GCU binding the Customer, EASYTRANSAC and LEMON WAY) by registered letter with acknowledgement of receipt to the address below:
Attention: EASYTRANSAC, 204 avenue de Colmar 67100 STRASBOURG.
"I hereby notify you by registered letter with acknowledgement of receipt of my waiver of the contract concluded with EASYTRANSAC and LEMON WAY for the purpose of subscribing to the EASYTRANSAC bank card payment solution, an operation covered by 2° of article L341-1 of the French Monetary and Financial Code.
Customer name
Date :
Signature "
APPENDIX 4 - RGPD
I. Purpose
The purpose of these clauses is to define the conditions under which the processor undertakes to carry out the personal data processing operations defined below on behalf of the data controller. In the context of their contractual relationship, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable as of May 25, 2018 (hereinafter, "the European Data Protection Regulation").
II. Description of the processing being outsourced
The processor is authorized to process on behalf of the controller the personal data necessary to provide the services detailed below:
Service
Verification of identity documents (national identity card, passport, residence permit) and other personal documents (bank details, proof of address, pay slip, tax notice, driving license, etc.).
Nature of operations
Document image capture, reception, extraction of document data, control based on defined rules, output of control results.
Purpose of processing
Verification of documents provided by end customers.
Categories of people concerned
End customers
Information made available to the processor by the controller for the performance of the service covered by this contract
Image of the identity card or document, possibly acquired directly from the end customer.
Service
Facial recognition to identify the identity document holder
Nature of operations
Capture a selfie photo, receive the selfie and automatically compare it with the face found on the ID document.
Purpose of processing
Verification of documents provided by end customers.
Categories of people concerned
End customers
Information made available to the processor by the controller for the performance of the service covered by this contract
Image of the identity card and selfie of the end customer, possibly acquired directly from the end customer.
III. Contract duration
The present contract is valid during the Service Period as defined in the Contract.
IV. Obligations of the processor to the controller
The subcontractor undertakes to :
- Process data solely for the purpose(s) for which it is outsourced.
- Process data in accordance with the description of the service communicated to the data controller in the appendix to this contract. If the processor is required to transfer data to a third country or an international organization under EU law or the law of the Member State to which it is subject, it must inform the controller of its legal obligations prior to processing, unless the law concerned prohibits such information for important reasons of public interest.
- Guarantee the confidentiality of personal data processed under this contract
- Ensure that persons authorized to process personal data under this contract :
- are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality
- receive the necessary training in the protection of personal data
- Take into account the principles of data protection by design and data protection by default for its tools, products, applications and services.
- Subcontracting
The processor may call upon another processor (hereinafter, "the further processor") to carry out specific processing activities. In this case, it shall inform the controller in advance and in writing of any changes envisaged concerning the addition or replacement of other processors. This information must clearly indicate the processing activities subcontracted, the identity and contact details of the subcontractor and the dates of the subcontracting agreement. The data controller has a minimum of 15 days from the date of receipt of this information to raise any objections. Subcontracting may only be carried out if the data controller has not raised any objections within the agreed period.
- Right to information for data subjects
Depending on whether the information is collected by the controller or the processor, it is up to the controller or the processor, respectively, to provide the information to the data subjects at the time of collection.
- Exercising individual rights
As far as possible, the processor must help the controller fulfill its obligation to respond to requests to exercise the rights of data subjects: right of access, rectification, erasure and objection, right to restrict processing, right to data portability, right not to be subject to an automated individual decision (including profiling).
Where data subjects make requests to the processor to exercise their rights, the processor must send these requests as soon as they are received by e-mail to a contact person within the controller, whose details are given in the appendix to the contract.
- Notification of personal data breaches
The processor shall notify the controller of any personal data breach within a maximum of 24 hours of becoming aware of it, by e-mail sent to a contact person within the controller whose details are given in the appendix to the contract. This notification shall be accompanied by any useful documentation to enable the data controller, if necessary, to notify the breach to the competent supervisory authority.
With the consent of the controller, the processor notifies the competent supervisory authority (the CNIL), in the name and on behalf of the controller, of personal data breaches as soon as possible and, if possible, no later than 72 hours after becoming aware of them, unless the breach in question is unlikely to give rise to a risk to the rights and freedoms of natural persons.
The notification shall contain at least :
- a description of the nature of the personal data breach including, if possible, the categories and approximate number of persons affected by the breach and the categories and approximate number of personal data records affected;
- the name and contact details of the data protection officer or other point of contact from whom further information can be obtained;
- a description of the likely consequences of the personal data breach;
- a description of the measures taken or proposed to be taken by the controller to remedy the personal data breach, including, where appropriate, measures to mitigate any negative consequences.
If, and insofar as, it is not possible to provide all this information at the same time, the information may be provided in stages without undue delay.
- Assisting the processor in complying with the controller's obligations
The processor assists the controller in carrying out :
- data protection impact assessments,
- prior consultation with the supervisory authority.
- Safety measures
The subcontractor undertakes to implement the following security measures:
- Personal data stored in the database are encrypted using AES256
- Data stored as images on the file system is encrypted using AES256
- As soon as the data is no longer required, it is immediately deleted.
- Technical traces do not contain personal information.
- Transmitted data is protected by TLS connections.
- External access to the service is protected by security equipment whose configurations are audited periodically.
- Data stored in the database (for the duration of processing or for the period of use by the data controller) is kept in a replicated database, enabling service to be restored in the event of failure of one of the nodes. In the event of a failure on all nodes, a Business Continuity Plan is triggered, using the latest encrypted daily data backup.
- The data processing nodes are redundant, so that service can be provided even if one of the nodes fails.
- The entire service is supervised in real time, and an automatic alert system is in place to inform system administrators of any anomaly in service delivery.
- Access to servers is restricted to identified personnel. All their actions on these servers are recorded in unalterable logs.
- An annual department audit verifies compliance with procedures and vigilance measures.
- Note: data is not anonymized/pseudonymized, since the purpose of the service is to validate the identity of the end user.
- Fate of data
At the end of the services provided for the processing of such data, the processor undertakes to return and destroy all personal data to the data controller.
The return must be accompanied by the destruction of all existing copies in the subcontractor's information systems.
As the subcontractor uses automatic learning and processing algorithms that it develops itself, it is authorized by the data controller to retain data for the purpose of improving said algorithms. The data stored is processed by a dedicated team of subcontractors, all of whose members have signed a specific confidentiality agreement. The data stored is not accessible outside the subcontractor's internal information system.
- Data Protection Officer
The processor communicates to the controller the name and contact details of its data protection officer, if it has appointed one in accordance with Article 37 of the European Data Protection Regulation
- Register of categories of processing activities
The processor declares that it keeps a written record of all categories of processing activities carried out on behalf of the controller, including:
- the name and contact details of the data controller on whose behalf it is acting, of any subcontractors and, where applicable, of the data protection officer;
- the categories of processing carried out on behalf of the controller;
- where applicable, transfers of personal data to a third country or to an international organization, including identification of the third country or international organization and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the European Data Protection Regulation, documents attesting to the existence of appropriate safeguards;
- as far as possible, a general description of the technical and organizational security measures, including among others, as appropriate :
- pseudonymization and encryption of personal data; or means of guaranteeing the constant confidentiality, integrity, availability and resilience of processing systems and services;
- means for restoring availability and access to personal data within an appropriate timeframe in the event of a physical or technical incident; or a procedure for regularly testing, analyzing and evaluating the effectiveness of technical and organizational measures to ensure the security of processing.
- Documentation
The processor shall make available to the controller the documentation necessary to demonstrate compliance with all its obligations and to allow audits, including inspections, to be carried out by the controller or another auditor appointed by it, and to contribute to such audits.
V. Obligations of the controller towards the processor
The data controller undertakes to:
- provide the data referred to in II of these clauses to the subcontractor
- document in writing all instructions concerning data processing by the processor
- ensure, beforehand and throughout the processing period, that the processor complies with the obligations set out in the European Data Protection Regulation
- supervise processing, including carrying out audits and inspections of the processor