These Terms constitute a legally binding agreement (“Agreement”) between the user and Zappyrent (as defined below) that governs your access and use of Zappyrent website, including all related sub-domains thereof, and any other website through which Zappyrent makes its services available (collectively, the “Website”). Our Privacy Policy and Cookie Policy have been incorporated into this Contract for reference.
Zappyrent is an emerging company that operates in the real estate market in order to create a Place where landlords and would be tenants may converse, meet and manage their relationship in the interest of mutual transparency and trust. This is possible since the intended purpose of our company is to reduce the information and contractual asymmetries between landlord and tenant through an unbiased management of such relationship whose aim is to ensure a safer market, less burdensome for the policyholders that will be monitored in all its steps, from the time of the conclusion of the contract up to its termination, through an accurate assistance. The benefits that are presented are many and instantaneous, for the landlord as well as for the tenant.'
Using Zappyrent Website and Services, the user accepts to comply and be legally bound with the Conditions set out in the following pages, hereafter indicated as “Service Terms”, regardless for the fact that the person that will use them is a registered user or not. Therefore, if an agreement won’t be achieved, even partially, with these Terms, you may encounter some restrictions. Upon “Registering” (see paragraph 4), you will expressly be asked to accept the “Service Terms” in order to use all the Services related to the Website purposes. Such acceptance will happen in its entirety and unreservedly. Lack of compliance to these Terms, knowingly accepted, could cause civil or criminal sanctions, beside the immediate exclusion of the User from the Website. Choosing to register, the User acknowledges and exhaustively accepts that His/Her relation with Zappyrent is restricted to be a totally external member, a third party individual, unconnected from Zappyrent and the companies of the same group. Therefore the USER could not qualify himself/herself as a shareholder, an employee, an agent, a representative or contributor to Zappyrent for no reason. The user acknowledges and accepts therefore to act in his/her own name and behalf, without having ever been expressly or implicitly appointed by Zappyrent and to do anything that could fraudulently inspire other people to believe to be dealing with Zappyrent or related companies. Zappyrent therefore disclaims any liability for third parties behaviour, who being just Users of the Website, would qualify themselves or act on behalf of Zappyrent. They will be liable for their own statements according to national law.
The use of the Website, the registration as well as the usage of the Service are exclusively restricted to adults. By accessing or using the Website you will declare and guarantee to be at least 18 years old. Accepting the “Service Terms” you are also authorizing Zappyrent to carry out checks on the truthfulness of the personal data provided, on tax data, regardless that these have been provided directly or not, as well as on possible criminal convictions with final judgment and other data required by Zappyrent in order to provide its services, to the extent permitted by the law in force. In the event the access to specific data would be granted only to the concerned party or through a previous mandate of said party, the user commits to provide such data before registering that is authorizes Zappyrent to collect said data in the name or on behalf of the concerned party (e.g. Cadastral data, mortgage data, on previous leases, income data, financial data) always in compliance to the laws in force and exclusively for the purposes connected to Zappyrent activity. Such power is connected to the Service purposes, in order to ensure a greater protection of the users and third parties as well as of the whole Zappyrent community.
Zappyrent reserves its right to amend at every moment the “Service Terms” , as well as payment methods and terms, including changes of fees. A previous notice will be usually provided concerning said modifications, except for particular cases and said modifications will be immediately binding. They will be will be available to the User through email notice or the Website. The access and continued use of the Website without cancellation in the following thirty days after the notice of such modification entails the tacit acceptance of the new “Service Terms”. Concerning substantial modifications, changes of the fees and modifications that could preclude some rights of the Users, an advance notice of at least 15 days will be provided, through the methods already listed. It is understood that the possibility of terminating the contract to use the Website is still existing.
In order to access the Services provided by Zappyrent, including the invention of announcements, it will be required to register to the Website, to open an Account and therefore become a registered User. You will be able to do so in the proper section intended for registration. You could only have one personal Account. The registration will happen by providing your personal data, that you will declare to be truthful, current and complete. It will be your duty to maintain them truthful and complete. Upon registering you will chose your credentials (“User name and/or e-mail” and “Password”) you will need in order to “login” every time you will want to access the Website. Your credentials will be protected with advanced technologies in order not to allow their theft, always leaving the possibility to retrieve them in the event you may lose or forget them. In all events the User will always be responsible for the safe protection of his/her password accepting not to communicate it to third parties. Zappyrent reserves its right to suspend or close your Account in the event you will create more than one Zappyrent Account or if whichever data provided during the registration phase or later will turn out to be inaccurate, untruthful, not updated or incomplete, or would breach anyhow the “Service Terms”. As an integral part of the Website features, the User can choose to (and if) connect his/her own Zappyrent Account to Third Parties Accounts, allowing Zappyrent to access Third Parties Accounts, if and on the occasion the Terms and Conditions of Third Parties Accounts would allow connection to Zappyrent. The user states to have the right to disclose his own access data to Third Parties Accounts to Zappyrent and/or to allow Zappyrent to access his/her own Third Parties Account, without breaching any term or condition that govern the use of any applicable Third Parties Accounts, and without compelling Zappyrent to pay any fee, or other tax charge. According to the Third Parties Accounts chosen by the User, and without any prejudice for the privacy settings chosen in such Third Parties Accounts, the identification personal data published on such Third Parties Accounts will be available on and through own Zappyrent Account on the Website, on the Services and on the Application. The user has the right to disable the connection between his/her own Zappyrent Account and Third Parties Accounts at any given moment, by accessing the Website settings or specifically requesting so to the Assistance Centre.
In order to be able to use the Service you will be asked, upon registering, to send a valid ID document in order to check the data provided. If it won’t be possible to immediately carry out such request, you will anyway be able to register and send the document later, however keeping in mind that some Services (for instance, begin leasing) won’t be guaranteed not having previously exhausted the document sending request, also in accordance to the national laws in force.
A verified account can be certified by adding further data in your own personal profile verifying them with relevant documents (for instance Fiscal Code).
For further information on the data to provide in order to verify and certify an account please refer to the relevant section of the service centre.
For lessee it is intended the contractual party acting as a Tenant. Upon registering, having accepted the “Service Terms” are intended to have been also accepted the conditions found in this report. We therefore ask you to read it carefully. Any possible modification of such Conditions will be communicated with proper advance notice through e-mail and will be considered accepted if the User won’t cancel himself/herself from the Website within 30 days.
In order to use all the benefits offered by Zappyrent it will be required to register the Agreement, according to the clauses provided for by the form arranged by Zappyrent. Lack of agreement registration will negate some services offered by Zappyrent. Substantial discrepancies will not prevent the Tenant to use our services, however there could be some restrictions. In the event of a lack of agreement registration or of a different registration, the charges provided for by Zappyrent in order to use the services subjected to be paid will anyway have to be paid and won’t be subjected to any refund. Please take notice that Zappyrent only confines itself to offer some Services to Users that have registered on its website and therefore will never be liable for lack of agreement registration with regards to the law or for the mendacious content and/or possible omissions of the registrants, and neither will be liable for defaults of tax nature borne on the parties.
All the accommodations found on the portal are uploaded by the Landlord, who will freely enter the desired rental fee and the monthly expenses. From it, Zappyrent will deduct up to 100% commission for the first month and between 3% to 7% commission for the following months, for the total price including rent and expenses. This commission includes all the services previously mentioned services that are freely searchable though the Assistance Centre.
Upon registering or later (not over the lease contract stipulation date) your own bank account IBAN shall be associated to your own account, on which every month will be charged, for the whole length of the agreement, the amount agreed upon as “rent”. The rent payment will only happen through this method. For safety reasons imposed by the European regulations, besides a valid ID document could also be requested a proof of domicile and the evidence of proprietorship of the account connected to the entered IBAN. More specifically the payment will happen through a direct debit on the account. For such reason, before been able to book any accommodation the user shall sign an online mandate, that could be stored, in compliance to the best security standards, in order to simplify any subsequent booking. For more specific information, please visit Zappyrent partner’s website used for managing payments or get in touch with Zappyrent through its customer service. In the event the user won’t provide a valid bank account to pay the rent, the rent payment will happen through any other method of payment linked to the user’s account. Whichever expense will be incurred by Zappyrent for collecting the payment through a different payment method will be charged to the customer (for example transaction fees for payments made using credit cards). It is not possible to use any other method of payment, not even if both parties will agree upon them, under penalty of exclusion from the website and loss of any benefit from Zappyrent.
In the event of closing, decommissioning, suspension of the bank account or for similar events that would make it impossible to carry out the transaction, the tenant shall immediately inform Zappyrent in order to modify the checking account data where to charge or to provide a temporary (different) payment method. If the tenant won’t promptly inform of such factual amendments, Zappyrent will charge a penalty equal to 10% of the agreed rent for every 7 days of delay, which will be called in the subsequent transaction. After the first unsuccessful charge, the tenant will have the option to use a “late reporting” which will block the penalty (which will anyway operate in proportion to the accrued rights).
In the event of a transaction that has been rejected due to lack of sufficient funds on the account, the tenant that had not informed Zappyrent, will have 7 days in order to regularize his position, after which a penalty of 10% of the agreed upon rent will apply, every 7 days of lag time, which will be called in the subsequent transaction, as provided for by the lease agreement. The tenant that won’t have sufficient funds on his/her account upon the monthly charge, shall pay 20€ as penalty which corresponds to the expenditure Zappyrent will incur for every unsuccessful charge, with regards to your own payment method. If the payment delay will go on, our Legal Office will step in, who placing in an equidistant position between the parties, will try to reconcile, and this reconciliation if agreed upon will be able to block the penalty itself, having found an amicable agreement between tenant and landlord. This mediation mechanism, is achieved as a derogation to the overall discipline just because Zappyrent intends to favour an amicable agreement between the parties, avoiding useless disputes. If instead such agreement won’t be achieved, for a cause attributable to the lessee, and the latter won’t regularize his/her own position by paying all unpaid rent as well as possible expenditures and delays, by 20 days, the lessee could be summoned because of eviction. In this event however, since no agreement has been achieved due to his/her fault, he/she shall pay all legal fees, except if he/she will come out successful from the judicial protection outcome.
The deposit, whose amount is decided by the accommodation owner, could be withheld by Zappyrent, as sole custodian of such security, with no exemption, in order to ensure a greater Security to the users that lease accommodations on the portal. The security will be returned to the tenant at the end of the lease, with no possibility of advance return. The tenant shall then pay the rent up to the end of the lease. If the Landlord would deem the tenant had damaged his/her property he/she shall provide evidence of those damages and Zappyrent will take charge of such request assessing their importance, in order to be able to determine the part of the deposit that the owner could withheld as compensation for damages suffered. The landlord could withheld all or part of the deposit in the event of cancellation or modification of a booking when the tenant won’t comply with the minimum period and advance notice indicated on the advertisement in question.
Upon registration, having accepted the “Service Terms” are also considered to have been accepted the conditions that can be found on this informational. We ask you therefore to read it carefully. Any possible modification of these Conditions will be communicated with proper advance notice through e-mail and are understood to have been accepted tacitly if the User won’t cancel himself/herself from the Website within 30 days.
In order to use all the benefits offered by Zappyrent it will be required to register the Agreement, according to the clauses provided for by the form arranged by Zappyrent. Lack of agreement registration will negate some services offered by Zappyrent. Substantial discrepancies will not prevent the Tenant to use our services, however there could be some restrictions. In the event of a lack of agreement registration or of a different registration, the charges provided for by Zappyrent in order to use the services subject to be paid will anyway be paid and won’t be subjected to any refund. Please take notice that Zappyrent only confines itself to offer some Services to Users that have registered on its website and therefore will never be liable for lack of agreement registration with regards to the law or for the mendacious content and/or possible omissions of the registrants, and neither is liable for defaults of tax nature borne on the parties.
By accepting the Service Terms the User accepts not to enter on other websites the same advertisement with lower prices. Violation of such obligations could entail the exclusion from the website and the payment of the services the beneficiary may have freely used (e.g. photo shootings).
Upon registering or later (not over the lease contract stipulation date) your own bank account IBAN shall be associated to your own account, on which every month will be credited, for the whole length of the agreement, the amounts agreed upon as “rent”. The rent payment will only happen through this method. For safety reasons imposed by the European regulations, besides a valid ID document could also be requested a proof of domicile and the evidence of proprietorship of the account connected to the entered IBAN. If required documents will lack it won’t be possible to transfer such payments to the landlord. We would like to remind that only Zappyrent can be the custodian of the rent, which could not therefore be paid in cash or though other payment methods, with penalty of exclusion from the Website and loss of every benefit from Zappyrent. If temporarily (and out of just cause) the abovementioned payment method could not be used, by way of exception a different payment method could be used but the User shall always inform Zappyrent in advance of that, with penalty of exclusion and loss of every benefit.
In the event of closing, decommissioning, suspension of the bank account or for similar events that would make it impossible to carry out the transaction, the landlord shall immediately inform Zappyrent in order to amend the checking account data where to charge or to provide a temporary (different) payment method.
The deposit, whose amount is decided by the accommodation owner, will be withheld by Zappyrent, as sole custodian of such security, with no exemption, in order to guarantee a greater Security to the users that lease accommodations on the portal. The security will be returned to the tenant at the end of the lease, with no possibility of advance return. The tenant shall then pay the rent up to the end of the lease. If the Landlord would deem the tenant had damaged his/her property he/she shall provide evidence of those damages and Zappyrent will take charge of such request assessing their importance, in order to be able to determine the part of the deposit that the owner could withheld as compensation for damages suffered. The landlord could withheld all or part of the deposit in the event of cancellation or modification of a booking when the tenant won’t comply with the minimum period and advance notice indicated on the advertisement in question.
Zappyrent provides the possibility to take advantage of a professional photo shooting, totally for free to the extent of this report.
In the section dedicated to booking the photo shooting Service you will be able to book your service totally for free. You will be asked all the required information in order to arrange the photo shooting. However, due to the many requests we get daily, the waiting times to benefit from this free photo shooting could be extended, on the basis of the location and requested route. In some locations the photo shooting could not be guaranteed. In such case you shall provide to it and upload on the Website the photos of the dwelling unit, in sufficient quantity able to provide a clear and truthful idea of all the rooms without omitting possible flaws. Zappyrent offering a top quality service could not approve the photos you uploaded because not sufficiently detailed or having poor quality/quantity, inviting then you to carry out a better photo shooting, in the interest of all parties. The photos that are on our Website that have been taken by Zappyrent Photographers are intended to be exclusive property of Zappyrent, therefore they could not be used on other websites (including non-competitor ones). If the User would violate these conditions he/she shall pay the photo shooting in full, likewise being excluded immediately from the Website and could be called to compensate material damages caused to Zappyrent.
By accepting the “Service Terms” the parties agree that any dispute or just any problem arising with the contractual partner, having as subject exclusively the rental relationship, and not other problems outside this relationship, like personal or condominium relationships, will be deemed, reduced and solved through Zappyrent binding arbitration, with no chance for burden. Notwithstanding the possibility from one party, relieving from any burden or liability Zappyrent, to bring an action to the competent court of law body, at own expense. Moreover, the user will accept that said party will waive its right to take part as plaintiff or as a member of a class action or collective action that is a collective arbitration, to class actions in the public interest or to other forms of representative actions. In addition to that, except for anything that has been differently agreed upon in writing by the user and Zappyrent, the arbitrator could not satisfy the demands of one or more parties nor chair any type of collective or representative action.
When a user books an accommodation through the platform, he/she commits to conclude the lease also paying the deposit equal to one month’s rent (that will be reduced from the first month’s rent) and that will form a confirmation deposit.
If the tenant will cancel his/her booking:
Landlords and tenants are liable for all the modifications to the bookings they will carry out through Zappyrent Platform or that they request to Zappyrent Customer Service to carry out (“Bookings modifications”) and accept to pay any further Cost of the Advertisement, landlord’s Expenses and tenant’s expenses and/or Charges that are associated to such booking Modifications.
The tenant can cancel a booking that has been confirmed at any given moment on the basis of the cancellation terms indicated in such document Zappyrent will reimburse the Total Costs owed by the tenant in compliance to such cancellation terms. Without prejudice to the cases when mitigating circumstances exist, any part of Total Costs due to the landlord on the basis of the applied cancellations terms will be reversed by Zappyrent net of the service costs on the total value of the booking.
The tenant that books an accommodation from Zappyrent accepts its policy concerning the minimum period for premature cancellation indicated by any landlord in his/her advertisement. If the booking’s cancellation or modification during the stay won’t comply with the terms specified by the landlord in his/her advertisement, Zappyrent will transfer the deposit paid by the tenant to the landlord as reimbursement for the damage incurred by the latter, net of the service costs for total value of the booking. If the damage incurred will be greater than the paid deposit the landlord could collect these sums under the legal system by summoning the concerned tenant directly omitting Zappyrent from any liability.
Are considered to be mitigating circumstances death, serious illnesses that won’t allow to travel, obligations imposed by the Government that won’t allow travelling, natural disasters. It will be required to provide official documents certifying such circumstances.
If a landlord will cancel a booking that has been confirmed, the tenant will receive a complete reimbursement of the Total Costs incurred with such booking. In some cases, Zappyrent could allow the tenant to use the reimbursement for a new booking, in such event Zappyrent, following a recommendation of the tenant, will credit the amount to the next booking made by the tenant. In addition to that, Zappyrent could publish an automatic review on the cancelled landlord’s Advertisement indicating that the booking was cancelled. Zappyrent can also (i) keep the schedule related to the non-available or blocked Advertisement for the dates of the cancelled booking, or (ii) impose the payment of a penalty, except for the landlord having a valid reason to cancel the booking in compliance to the circumstances deemed mitigating, mentioned in the above paragraph.
Under some circumstances, Zappyrent can cancel the request for booking or a confirmed booking on behalf of a landlord or of a tenant and carry out the related refunds and payments. This may happen due to the reasons referred as mitigating circumstances indicated at paragraph 12.4. Whereas Zappyrent will cancel a booking, Zappyrent will inform the Members and provide the reasons for such action, except if such communication (i) would impede or obstruct the verification or prevention of a fraud or other illegal activities, (ii) would cause damages to the legitimate interests of other Members or third parties, or (ii) would violate applicable laws. The user can bring an action against such decision by sending an e-mail to assistenza@zappyrent.com.
If a tenant that has booked an Accommodation will incur in a Problem during his/her tenancy as specified in the next paragraph, Zappyrent could decide to reimburse in full or in part to the tenant the Total Costs in compliance to the tenants Reimbursement Conditions.
A problem during tenancy takes concrete form on the happening of one of the circumstances listed below:
(a) the Accommodation landlord (i) cancels a booking shortly before the planned arrival date, or (ii) won’t provide to the tenant any reasonable possibility to access the Accommodation (e.g. not providing the keys and/or a security code).
(b) the description or representation of the Accommodation in the Advertisement is substantially incorrect concerning:
(c) upon booking from the Guest, the Accommodation won’t turn out to be in good clearing status and hygienic conditions, (ii) will show hazards for safety and health that, according to Zappyrent, may adversely impact on the lessee stay at the Accommodation, (iii) there are animals in the Accommodation that have not been reported in the Advertisement.
Except for the fact that Zappyrent would inform you that such issues cannot be fixed, the user must have carried out some reasonable efforts in order to try to remedy the Problem circumstances with the landlord before making a complaint.
If a tenant or Zappyrent will cancel a confirmed booking, and the tenant will receive a refund in compliance to the conditions set out in these paragraphs, Zappyrent will be authorized to collect from the landlord the amount of such refund, even deducing such refund from any future Payment due to the landlord.
Assessments and comments released in the proper registered Users section, are not subject to any direct control from Zappyrent, which therefore won’t be liable for the correctness of Users statements.
Zappyrent protects all information of any nature that are on its Website and/or that have been entered by the Users, not spreading them without having previous consent from them and protecting them with top quality current technologies. If due to a technical fault or to a fault of any other nature any malfunctioning would show up, the User could inform Zappyrent that will immediately provide to restore correct operation. Zappyrent is not therefore liable for any possible malfunctioning but will always promptly correct all technical mistakes.
As a tenant, the user is responsible for returning the Accommodation (including all movable assets and other assets located inside it) in the condition he/she received it upon his/her arrival. The user is responsible for his/her own acts and omissions as well as for the acts and omissions of people invited at the Accommodation or to whom he/she had provided access, except for the landlord (and the persons the landlord will invite into the Accommodation, if applicable).
If a landlord would claim and provide evidence that a Guest user had intentionally damaged an Accommodation or any movable asset or any other property located in another Accommodation (“Request for damages”), the landlord could try to get said compensation from the user through the deposit that was paid by the tenant (if existing). The landlord could obtain any sum that was not directly paid by the concerned tenant who is the only liable party. Zappyrent will be excluded from any compensation for damages caused by the tenant during his/her tenancy.
To the maximum extent allowed by the applicable law the user accepts to relieve, defend (at sole discretion of Zappyrent), indemnify and hold harmless Zappyrent and its respective managers, administrators, employees and agents, from and against all possible claims, liabilities, damages, losses and expenses, including, with no limitation, reasonable legal and accountable expenditures, stemming from or in any way connected to (i) a violation of a user of these Terms or of our Policies, (ii) his/her improper usage of the Zappyrent Platform or of any Zappyrent Service, (iii) any interaction of a user with any Member, the user’s stay at a landlord’s Accommodation or somewhere else, the participation to a Shared Payment Service, including, with no limitation, injuries, losses or damages of any kind (either for compensation, direct, accidental, consequential or of other nature) stemming or related to such interaction, stay, participation or usage, or (iv) the violation of the user of any law, regulation or third parties rights. The obligation to compensate pursuant to this Section only applies if and to the extent for the claims, liabilities, damages, losses and expenditures have sufficiently been caused by intentional violation of a contractual obligation from the user.
Zappyrent allows short term rentals (less than 6 months) but for these booking requests there is a one time service fee to pay of €89. This service fee will be paid once a booking request is accepted. This amount is an estimate cost that Zappyrent faces for a brief booking and helps us to improve our service. In case of more booking requests for multiple accommodations, if more than one will be accepted, our service fee will be paid for the one that the tenant prefers.
Refund of the service fee.
Our service fee is refundable if:
- the reservation is cancelled from the landlord/landlady;
- the landlord/landlady doesn’t make accessible the accommodation booked;
- the accommodation doesn’t match with the pictures and description on our website.
Concluded between
The Account Holder on one hand
and,
LEMON WAY, a simplified joint stock company [société par actions simplifiée – SAS], registered under the SIREN number 500 486 915, with capital of 867.169,89 euros and registered office located at 15 rue de la Beaune, 93100 Montreuil, in France, (hereinafter referred to as ‘LEMON WAY’), registered with the ACPR, France, website //acpr.banque-france.fr/) 61 rue Taitbout 75009 Paris, as a hybrid Payment Institution, under the number 16 568 J, on the other hand.
The payment services Framework Agreement is formed of these General Terms and Conditions of Use and the pricing conditions included in Appendix A.
These documents form an indivisible package and govern the Conditions of Use to be abided by Account Holders when using the payment Services provided by LEMON WAY.
In order to keep a copy of these documents, the Account Holder may, at any time, consult them, reproduce them, store them on their computer or any other device, send them by email or print them on paper. They may also request that a copy be sent to their address, free of charge, by LEMON WAY.
In accordance with applicable law, it is possible, at any time, to check LEMON WAY’s authorisation as a payment institution on the regafi.fr website. LEMON WAY’s internet site, as a payment institution, is as follows: www.lemonway.com
These “General Terms and Conditions of Use of Payment Services” may, at any time, be consulted on LEMON WAY’s website (//www.lemonway.com). The aforementioned conditions govern the way in which LEMON WAY opens a Payment Account for an Account Holder and provides its payment services. Account Holders should read said conditions carefully before accepting them.
2 – DEFINITIONS
When the first letter of the terms used in these General Terms and Conditions of Use take a capital letter, regardless of whether they are in singular or plural form, they are taken to mean the following:
The Account Holder must comply with the conditions of opening an account, as described below.
3.1 – Account Holder’s Prior Statement
The Account Holder, a moral or natural person of legal age and capacity, expressly states that they are able and/or have received the necessary authorisation to use the payment Services provided by LEMON WAY and guarantees the latter against any liability resulting from a false statement.
The Account Holder declares that they are acting on their own behalf. The Account Holder must use the services provided by LEMON WAY in good faith, solely for legal purposes and in accordance with the provisions of the Framework Agreement.
The Account Holder, a natural person, states that they are a resident in France or the European Economic Area.
The Partner states that they are registered to operate and market its business in France or in a member State within the European Economic Area, pursuant to LEMON WAY’s approval.
For any other country of residence or registration, LEMON WAY may still inspect the request to open a Payment Account in order to ensure its compliance with the geographic scope of its accreditation. The list of countries in which LEMON WAY is authorised to operate as a Payment Institution is available, at all times, on the website //www.regafi.fr.
The Account Holder states that they meet the VISA and MASTERCARD rules, particularly with regard to their commercial activity. Upon entering into a business relation, the Partner is provided with a business declaration and risk classification form, which they then sign. The Partner’s business must be legal at all times and match the nature of business declared in the aforementioned form. All commercial activities that LEMON WAY does not accept, including those that are legal, are listed on the aforementioned form.
3.2 – Communication of identification documents
A new customer, as a legal entity, wishing to become a Payment Account Holder, must provide the following information required from the very first Euro:
A new customer, in the form of an association wishing to become a Payment Account Holder, must provide the following information required from the very first Euro:
A new customer, in the form of a natural person, wishing to become a Payment Account Holder, must provide the following information required from the very first Euro:
It is duly specified that any new customer or Account Holder may be requested to provide the following documents:
The Account Holder may authorise a third party, either in writing or on a durable medium, to communicate these documents to LEMON WAY on their behalf. They will use the Open an Account form to indicate the legal name of the trading company appointed for this purpose. LEMON WAY reserves the right to request any other document or additional information that may be required to carry out the necessary checks and ensure compliance with legal obligations, including those involving anti-money laundering.
The Account Holder accepts that the Partner Website may be used to send these documents to LEMON WAY by email (emails sent to justificatif@lemonway.com), by digital transmission and upload onto LEMON WAY’s computer systems, or by post to the address of the headquarters indicated on the first page.
3.3 – Terms of signature of the Framework Agreement
The form for opening a Payment Account must be signed by the Account Holder after they have read and understood the terms of the Framework Agreement. In doing so, the Account Holder may either insert their handwritten signature on a printed version and send it to LEMON WAY’s headquarters by post, or use the electronic signature module provided on the Partner’s Website. However, if the Account Holder is acting on behalf of a business, they may accept the Framework Agreement by any other means. In such a case, the Account Holder must have carefully read, understood and accepted the Framework Agreement in its entirety.
3.4 – Acceptance/refusal to open a Payment Account
LEMON WAY may refuse to open a Payment Account for any reason without having to justify their decision. Such a refusal shall not result in the payment of damages.
Subjected to the express and written authorisation of the legal representative, the minor under eighteen (18) years old may open a payment account.
The required identification documents shall be those of the legal representative who has given his or her express and written authorisation.
The Partner Website may inform the Account Holder by email of LEMON WAY’s acceptance or refusal to open their Payment Account. As soon as their request to open a Payment Account has been accepted, the Account Holder will be able to log into the Partner’s Website to check that their Payment Account is open.
4.1 – By cheque, bank transfer or card
As soon as the account has been opened in their name by a third party payment services provider, the Account Holder may begin paying money into its Payment Account by bank transfer, endorsed checks made payable to LEMON WAY or by bank card, with a view to transferring the funds by credit transfer to the Payment Account of another Account Holder. These two payment Transactions are considered indissociable.
LEMON WAY may refuse to register a bank card or payment card or may, at any time, cancel the backup of such information as a security measure. In this case, the Account Holder must enter their bank card or payment card details each time they wish to pay money into their Account.
In order to protect the Account Holder, LEMON WAY sets credit ceilings, which may be more restrictive than the Account Holder’s ceilings. LEMON WAY sets single ceilings per day, per month and per year, as well as all forms of restriction necessary to prevent fraud.
The Account Holder is hereby informed that any payment Transaction that is likely to surpass the ceilings applied will be automatically rejected by LEMON WAY.
For any Transaction made by bank or payment card that may entail an outstanding, rejected or blocked payment, LEMON WAY will automatically deduct the corresponding amount from the net balance of the Payment Account. If the net balance does not contain sufficient funds, LEMON WAY is authorised to use all necessary means against the Account Holder in order to recover the outstanding amount. Furthermore, LEMON WAY is entitled to refuse to carry out all future remittances made using the card that gave rise to the incident.
In addition, LEMON WAY will debit the Account Holder’s Payment Account for rejected payment Transactions and other penalties that may be imposed by VISA or MASTERCARD.
4.2 – Deadline for registering funds on the Account
LEMON WAY will register the funds resulting from the acquisition of a payment Order by card or credit transfer as soon as possible, and no later than by the end of the working day they were received by LEMON WAY, in accordance with article 4.1.
5 – DEBITING A PAYMENT ACCOUNT BY TRANSFER
5.1 – Initiating a payment Order
LEMON WAY provides a payment service that enables Account Holders with a Payment Account to instruct LEMON WAY to carry out a transfer, on the condition that the Account Provision is greater than the total transfer amount (fees included). In the event that the Provision is insufficient, the payment Order will be automatically refused.
The available Provision corresponds to the net balance of the Payment Account, excluding the blocked Provision and outstanding Transactions. The blocked Provision amount is determined by LEMON WAY in order to cover possible chargebacks arising from a stop payment Order. Such a stop payment order may take effect within 13 months of the debit being made on the Account.
The payment Order must include the following information:
The Account Holder recognises that the currency of its Payment Account is different to that of the Beneficiary’s account, into which it is transferring the funds. As such, currency exchange charges will be deducted by the Beneficiary’s payment services provider. The Partner and the Beneficiary’s payment service provider are responsible for informing the Beneficiary of the fees and execution times before any acquisitions of Orders involving currency exchange charges are carried out. The Partner must communicate this information to the payer Account Holder
LEMON WAY shall not be held liable if the bank details sent for transfer requests are incorrect or not up to date.
5.2 – Irrevocability of a payment Order
In accordance with article 5.1, a payment Order effectively issued by an Account Holder is irrevocable once the single-use code has been entered, after which the Account Holder cannot request its cancellation.
It is hereby specified that the Account Holder may initiate a batch Order, including a transfer of funds by card (initiated in compliance with article 4.1 above) and a payment Order by transfer to the Payment Account of the Beneficiary selected on a given date. As explained in article 4.1, the payment Order will be deemed irrevocable as soon as the card details have been entered.
5.3 – Applicable ceiling amounts and limits
The Account Holder is subject to the following standard ceilings:
Any payment Transaction that risks exceeding the ceilings applied to the monthly accumulated payment amount will be automatically rejected by LEMON WAY.
In the event of a risk of fraud, LEMON WAY may, at any time, activate other ceilings or blocks applied to Orders.
LEMON WAY reserves the rights to reverse a payment Transaction if the transfer of funds made by bank or payment card for the purposes of crediting the Payment Account is rejected or cancelled by the card issuer.
5.4 – Execution times
In accordance with the decree of 29 July 2009 and under article L.314-2 of the Monetary and Financial code, the maximum execution times for payment services are as follows:
6.1 – By transaction
When a payment Transaction is carried out, LEMON WAY or the Partner Website automatically sends a Transaction confirmation email to the Account Holder who initiated the payment Order. This email contains all information relating to the payment Transaction that was communicated to LEMON WAY, such as: the Beneficiary’s identity, the payment Transaction description, amount, date and time, as well as the applicable payment conditions.
6.2 – Account statements
All payment Transactions are displayed within an account statement, which is updated in real time for each Payment Account. The Account Holder may consult their account statement through the Partner Website.
The Account Holder will have access to the Payment Account statements, displaying all registered incoming and outgoing payment Transactions for this Account.
The consultation period lasts for two (2) years, in addition to the current year. LEMON WAY will keep all records and documents relating to the payment Transactions carried out on an electronic archiving medium for the statutory time limits.
The Framework Agreement comes into effect for an indefinite period as soon as the Account Holder has accepted these terms and conditions.
If the Account Holder is a natural person or meets the requirements of article D 341-1 of the Monetary and Financial Code for legal entities, they have fourteen (14) calendar days to withdraw from the Framework Agreement, free of charge. This short time frame starts the day the Framework Agreement is concluded, that is to say the day the Account Holder accepts these General Terms and Conditions. Within this withdrawal window, the fulfilment of the Framework Agreement cannot start unless expressly requested by the Account Holder. The Account Holder expressly acknowledges and accepts that any payment instruction they send to LEMON WAY prior to the expiration of this withdrawal window, constitutes an express request for the fulfilment of the Framework Agreement. The Account Holder will therefore not be entitled to cancel any payment instructions they send and confirm during this withdrawal window.
The Account Holder may exercise their right to withdraw without penalty or need for justification.
The Account Holder must notify LEMON WAY of their decision to withdraw by sending a registered letter with acknowledgement of receipt to LEMON WAY’s headquarters before the end of the fourteen-day window. If the Account Holder does not exercise their right to withdraw, the contract shall be maintained in accordance with the provisions of these General Terms and Conditions. Beyond this point, in order to terminate the Framework Agreement, the Account Holder must follow the termination conditions specified in article 19-.
LEMON WAY will not accept complaints pertaining to relations between Account Holders or between an Account Holder and a third party. This article of the Framework Agreement only covers complaints pertaining to the lack of or poor execution of a payment Transaction carried out by LEMON WAY.
Complaints (disputes, right to opposition, access and rectification, etc.) may be made freely, upon request and addressed to LEMON WAY at the email address: reclamation@lemonway.com or by written letter to the following address:
LEMON WAY
Complaints Department
14, rue de la Beaune
93100 Montreuil
Any dispute or request relating to:
must be notified to LEMON WAY by the Account Holder as soon as possible after the day the Account Holder becomes aware or is believed to have become aware of such an event or within any longer time frame specified by special provisions or by law.
In accordance with the ACPR’s 2011-R-05 recommendation of 15 December 2011, an acknowledgement of receipt will be sent within a maximum of ten (10) days. Complaints will be processed within a maximum of two months after receipt.
A complaints form is also available on our internet site: //www.lemonway.com/reclamation
If an amicable agreement cannot be reached, the Account Holder, acting for non-professional purposes, may write to and approach an independent mediator to resolve disputes arising from this contract. The AFEPAME Mediator at 36 rue de Taitbout, 75009 Paris may be used without prejudice to other avenues of legal action.
In return for providing the Account Holder with payment Services, LEMON WAY will receive remuneration, the amount and conditions of which are indicated on the Partner’s Website under the “PRICING CONDITIONS” tab. The prices indicated are final and include the Partner website’s and LEMON WAY’s commissions. They are not inclusive of tax.
Invoices, which are deducted from the Payment Account at the frequency indicated in the Pricing Conditions, are payable by the Account Holder in cash. If necessary, they will be deducted at the end of each month. The invoices are deemed to be net amounts and not inclusive of discounts.
The Account Holder is hereby informed that the processing fees for outstanding payments, rejections or oppositions may be deducted by LEMON WAY, but no more than €150, in accordance with article L.133-19 of the Monetary and Financial Code.
Failure to pay an invoice by the required date will incur a late payment interest equal to three times the (EONIA) legal interest rate. Interest payments are calculated pro rata temporis over the period of a month (each month that has begun to be paid in full) and are accrued at the end of each calendar year.
LEMON WAY may amend the prices in Appendix A, subject to sending any form of notification to the Partner. The amendment may take effect within two months of the notification being sent to the Partner. If the monthly fraud rate exceeds 0.2% in volume, LEMON WAY may immediately amend the prices by simple notification or by terminating this contract in accordance with article 19-.
10.1 – Notification obligation
It is the Account Holder’s duty to immediately inform LEMON WAY of any suspected fraudulent access or use of their Payment Account or of any event that is likely to result in such a use, including but not limited to: loss, accidental disclosure or hacking of their Payment Account login details or a non-authorised transaction.
This notification must be sent by email to the following email address: fraude@lemonway.com and must be confirmed by written post to the following address:
LEMON WAY
14, rue de la Beaune
93100 Montreuil
France
10.2 – Prevention
LEMON WAY undertakes to make every effort to prevent any other use of the Payment Account. The Partner is also responsible for the use of its own secure means of communication with the Account Holder.
10.3 – Use of cookies
LEMON WAY hereby informs you that cookies (files sent by the LEMON WAY server and saved on the internet browser’s computer hard drive) may be used within the framework of the payment Services. Above all, the purpose of these cookies is to improve the functioning, and particularly the speed, of the payment Service.
The Account Holder is hereby informed that they may refuse LEMON WAY’s use of cookies by modifying its browser settings, however this may affect the quality of their use of the payment Services.
10.4 – Disruption to payment Services
LEMON WAY undertakes to implement all reasonable means available to provide a permanent service. However, LEMON WAY does not guarantee continuous, uninterrupted access to the payment Service. Consequently, LEMON WAY shall not be held liable for any delay and/or total or partial inaccessibility to the payment Services if such events are caused by factors beyond its reasonable control.
The Account Holder is hereby informed that LEMON WAY may occasionally interrupt access to all or part of the Services in order to carry out repairs, maintenance or improvements,
LEMON WAY may not, under any circumstances, be held liable for damage caused as a result of this suspended service.
As soon as normal service is restored, LEMON WAY will implement all reasonable means to process all pending payment Transactions as quickly as possible.
10.5 – Objection to a security measure
The Account Holder may file an objection by contacting LEMON WAY by email at support@lemonway.com or by telephone on: +33 1 48 18 19 30
The objection will be assigned a registration number and will be stored for 18 months. Upon written request from the Account Holder, and prior to the expiration of this storage period, LEMON WAY will send a copy of this objection to said Account Holder.
LEMON WAY shall not be held liable for the consequences of an objection that was not filed by an Account Holder. An objection request is deemed to have been made on the date it was effectively received by LEMON WAY or any other person authorised by the latter for this purpose. In the event of theft or fraudulent use, LEMON WAY is authorised to request a receipt or copy of the filed complaint from the Account Holder, who undertakes to respond as quickly as possible.
LEMON WAY will block access to the Payment Account and will make the Account Holder’s Payment Account login details inoperative. New login details will be sent to the Account Holder the same way they were sent the first time upon opening the Payment Account.
In accordance with article L.133-22 of the Monetary and Financial Code, LEMON WAY is responsible, under articles L.133-5 and L.133-21 of said Code, for successfully executing payment Transactions for the payer Account Holder, until the funds are received by the Beneficiary’s third party payment service provider. In the event that LEMON WAY is responsible for a poorly executed payment Transaction, it will return the amount in question to the payer and will restore the debited account to the situation that would have prevailed if said poorly executed payment Transaction had not taken place.
In accordance with article 8-, if an Account Holder, acting for non-professional purposes, wishes to dispute a payment Transaction that they have not personally authorised, they must contact customer services as soon as possible after learning of the irregularity and no later than thirteen (13) months after such a transaction is registered within the payment Transaction Account. In the event that a security measure is used, non-authorised payment Transactions executed prior to notification of the objection are deemed the responsibility of the Account Holder acting for non-professional purposes, up to a limit of €150. However, LEMON WAY shall not be held liable in case of Account Holder misconduct, such as a wilful misconduct, or constituent of a serious failure to meet its obligations, a late communication of an objection or bad faith. In the event of a misappropriation or counterfeiting of its data, the losses resulting from payment Transactions processed prior to objection by the Account Holder acting for non-professional purposes will be borne by LEMON WAY, unless such losses are a result of the aforementioned misconduct. Payment Transactions carried out after objection by the Account Holder acting for non-professional purposes are borne by LEMON WAY, except for cases of fraud.
LEMON WAY does not have the right to cancel an irrevocable payment Order on the Account Holder’s request.
LEMON WAY shall not, under any circumstances, be held liable for indirect damages, such as commercial harm, loss of customers, commercial disruption, loss of profit or damage to brand image suffered by an Account Holder or third party, that may have resulted from the payment Services it provides. Any action brought against an Account Holder by a third party is treated as indirect damage and therefore does not entitle the former to compensation.
Unless otherwise stipulated in these General Terms and Conditions or mandatory laws, and without causing prejudice to other grounds for excluding or limiting responsibility defined by this contract, LEMON WAY may not, under any circumstances, be held responsible for any damage caused by a force majeure event or event beyond its control or any measure or legislative provision enforced by the French or foreign authorities. Force majeure events or events beyond its control are deemed to include, but are not limited to: a power cut, a fire or flood, a strike held by its staff or one of its subcontractors or providers, a malfunctioning of banking systems or bank card payment systems, a war, civil unrest, a riot or occupation of the territory by foreign forces, negligence on the part of a third party with regard to jurisprudence and the doctrine, such as the persons responsible for providing electricity or telecommunications services.
LEMON WAY will hold the available funds credited to the Account Holder’s Payment Account at the end of each working day in a holding account opened with LEMON WAY’s banking partners.
13.1 Death
In the event of the death of the Account Holder, LEMON WAY must be notified as soon as possible by the rightful beneficiaries or their authorised representative. If such notice is given verbally, it must be confirmed in writing. Upon receipt of this written confirmation, LEMON WAY will ensure that no further payment Transactions are executed and will proceed with the closure of the Account.
If the Provision held by LEMON WAY in the deceased’s name is greater than the fees required to cover withdrawal costs, the rightful beneficiaries may receive a reimbursement if they or their authorised representative are able to produce documentary evidence that, according to applicable law, establishes the devolution of the inheritance, as well as any other documents that LEMON WAY may deem necessary.
If no such transfer is made, for whatever reason, including the failure to provide LEMON WAY with supporting documents, the provisions of article 13.2 of this contract will be applied to the Provision.
13.2 Inactive account
A Payment Account is deemed inactive if:
The assets registered on the inactive Payment Account are deposited in the Caisse des Dépôts et Consignations (Deposits and Consignments Fund) after a period of ten (10) years, starting from the date of the last payment Transaction, excluding amounts debited by LEMON WAY, such as fees and commissions of all kinds; except in the case of the Account Holder’s death, in which the assets registered on the inactive payment Account are deposited in the Caisse des Dépôts et Consignations after a period of three (3) years following the Account Holder’s death.
13.3 Mandate
The Account Holder may authorise and assign full responsibility to one person to carry out payment Transactions on their Payment Account, as defined in the mandate. The form is provided online by request and must be completed and sent back to LEMON WAY. The mandate will only take effect once LEMON WAY has received and accepted the duly completed form. The Account Holder will be notified of LEMON WAY’s acceptance by any means possible. It stops automatically after the Account Holder’s death. This mandate may be revoked on the initiative of the Account Holder, who will inform the authorised representative and LEMON WAY as such by registered letter with acknowledgement of receipt. The termination takes effect on the date that LEMON WAY receives the above-mentioned letter. Until said date, the Account Holder remains responsible for payment Transactions initiated on its behalf by the designated authorised representative.
The Account Holder expressly relieves LEMON WAY of professional secrecy with regard to the Payment Account data that may pertain to the authorised representative appointed by the mandate.
Under the General Terms and Conditions of this contract, no intellectual property rights regarding the use of payment Services or services rendered by LEMON WAY shall be transferred to the Account Holder.
The Account Holder undertakes not to infringe on the rights held by LEMON WAY, and will refrain from reproducing or adapting all or part of existing and future intellectual and hardware components and accessories produced by LEMON WAY, regardless of the medium used.
LEMON WAY has full ownership of all rights relating to the software used to provide payment Services. They are part of its trade secrets and confidential information, regardless of the fact that some of the components may or may not be protected under the current state of the law by intellectual property rights.
If applicable, the Account Holder and its staff shall regard LEMON WAY’s software and related documentation as intellectual work and will refrain from copying them, reproducing them, adapting them, distributing them free of charge or against payment, translating them into any other language or adjoining any object to them that does not comply with their specifications.
LEMON WAY has full ownership of the brand “LEMON WAY”. The Account Holder undertakes not to delete references to the “LEMON WAY” brand from any element provided or made available by LEMON WAY, such as software, documents or advertising banners.
The Account Holder undertakes to respect the strictest confidentiality regarding all technical, commercial or other information to which he may become privy through the fulfilment of payment Services.
This duty of confidentiality will remain in effect for the duration of the Account Holder’s subscription to the payment Service and for the three (3) years following the termination of the Framework Agreement. This duty of confidentiality does not apply to information that is or may become available to the public through no fault of the Account Holder.
The Parties understand that payment Transactions are covered by professional secrecy, pursuant to article L.519-22 of the Monetary and Financial Code.
LEMON WAY respects all the provisions that apply to the protection of personal privacy, particularly the law of 6 January 1978 relative to the protection of individuals with regard to the processing of personal data, as amended.
LEMON WAY collects and saves personal data that the Account Holder has willingly provided. As such, data deemed to be of a personal nature includes information regarding identity, telephone numbers, email addresses, place of residence, bank account or card number, transactions and transfers and the IP address used by a natural person’s computer.
The Account Holder is hereby informed and accepts that LEMON WAY, in its capacity as data controller, will process personal data for the purposes of:
The Account Holder is hereby informed that their personal data may be recorded on one or several files in accordance with applicable law and accepts that the data collected will be recorded and processed for the aforementioned purposes.
The Account Holder accepts that the personal data considered strictly necessary for the fulfilment of at least one of the above-mentioned purposes or for the requirements of applicable regulations, may be communicated by LEMON WAY:
The Account Holder accepts that, in compliance with the previously defined conditions, its personal information may be communicated to the above-mentioned people in another country within the European Union or a non-European Union member state that provides an adequate level of protection with regard to the law in question.
The Account Holder has the right to access their personal data and is hereby informed that they may, at any time, consult the information they have communicated to LEMON WAY. The Account Holder has the right to rectify any inaccurate data that concerns them.
The Account Holder may exercise their right to object to LEMON WAY carrying out proposed processing operations relating to payment Services or other products or services promoted by LEMON WAY.
Right to opposition, access and rectification may be made freely, upon request, and addressed to LEMON WAY at the email address: reclamation@lemonway.com or by written letter to the following address:
LEMON WAY
Complaints Department
14, rue de la Beaune
93100 Montreuil
The Account Holder and LEMON WAY both consider communications made by email as valid forms of proof.
All information saved in LEMON WAY’s computer databases regarding payment Orders and Transactions have, until proven otherwise, the same probative value as a hand-signed paper copy, both in terms of their content and the date and time they were produced and/or received. These unalterable, secure and reliable traces are embedded and saved within LEMON WAY’s computer systems.
Documents held by LEMON WAY that replicate this information, as well as copies or reproductions of documents produced by LEMON WAY, have the same probative value as the originals, unless proven otherwise.
LEMON WAY may pronounce the temporary and immediate suspension of a Payment Account for any reason, particularly:
This decision shall be justified and notified to the Account Holder by any means possible. The purpose of suspending a payment Account is to protect the Account Holder and may not, under any circumstances, result in the payment of damages to the latter.
The payment Account will be reactivated at LEMON WAY’s discretion.
Depending on the seriousness of the failure to comply with the Framework Agreement, and particularly if the Beneficiary has sold illegal products, LEMON WAY reserves the right to terminate the Framework Agreement in compliance with the provisions of article 19.
The Account Holder may automatically terminate the Framework Agreement, which will result in the closure of their Payment Account, by registered letter with acknowledgement of receipt, following compliance with a month’s notice. They must maintain a sufficient Provision in order to ensure the completion of pending payment Transactions, until they have been resolved, and all outstanding fees have been paid.
LEMON WAY may automatically terminate the Framework Agreement, which will result in the closure of their Payment Account, by registered letter with acknowledgement of receipt, following compliance with a month’s notice.
In the event of gross negligence by one of the Parties, the Framework Agreement may be terminated with immediate effect by simple written notification from the prevailing Party. Gross negligence by the Account Holder is understood to mean: communication of false information; engaging in illegal activity, contravening standards of public decency; money laundering or financing of terrorism; threats to agents of LEMON WAY or the Partner site; defaulted payment; failure to comply with an obligation of this contract; termination of relations between the Account Holder and Partner site; excessive debt or, for legal entities, the nomination of a special mediator and insolvency administrator to initiate rehabilitation or liquidation proceedings. Gross negligence by LEMON WAY is understood to mean: communication of false information; failure to comply with an obligation of these terms and conditions; the nomination of a special mediator and insolvency administrator to initiate rehabilitation or liquidation proceedings.
In the event of a modification to applicable regulations and their interpretation by the relevant regulatory authority that may affect the ability of LEMON WAY or its authorised representatives to carry out payment Transactions, the Framework Agreement will automatically be terminated. The Account Holder may no longer send payment Orders after the effective termination date. The Account may be maintained for a period of 15 months for the purpose of dealing with possible subsequent disputes and complaints. Payment Transactions initiated before the termination date will not be affected by the termination request and must be fulfilled under the terms of the Framework Agreement.
The termination of the Framework Agreement will result in the permanent closure of the Payment Account. The closure of a Payment Account will not give rise to any compensation, regardless of any possible damage caused by said closure. The Account Holder of the Account closed by LEMON WAY is not authorised, unless explicitly authorised by the latter, to open another Payment Account. Any Payment Account opened in violation of this provision may be immediately closed by LEMON WAY, without notice.
According to the Account Holder’s instructions, the Provision on the Account Payment subject to closure may be credited to said Account Holder, subject to outstanding payment Transactions and possible receivables, rejected transactions or objections. If a successor is appointed by LEMON WAY, the Account Holder may be encouraged to close their Payment Account and transfer the Provision to a new Payment Account opened with the institution designated as a successor.
LEMON WAY reserves the right to bring legal action to repair the damage suffered due to a breach of the Framework Agreement. The closure of the Payment Account may result in additional fees, within the bounds of article L.313-13 of the Monetary and Financial Code.
Any draft amendment to the Framework Agreement shall be communicated in paper or Email or durable form to the Account Holder no later than two (2) months before the date proposed for its entry into force.
If the Account Holder fails to communicate an objection to LEMON WAY by the end of this two (2) month deadline, the former is deemed to have accepted said amendments. If the Account Holder rejects the proposed amendment, they may freely terminate the Framework Agreement, by written request, before said amendment comes into effect. This request does not affect the debits (charges, contributions, payments) owed by the Account Holder.
Should administrative formalities be necessary for the fulfilment of these General Terms and Conditions, LEMON WAY and the Account Holder will provide each other with mutual assistance to regulate such formalities.
If one of the non-substantive stipulations of the Terms and Conditions is rendered null and void with regard to an effective rule of law, it will be deemed as not written, but will not invalidate these General Terms and Conditions.
No forbearance by either Party in relying on a breach by the other Party of any of its obligations under these terms and conditions shall be construed as a waiver of the relevant obligation for the future.
In the event of a difficulty in interpretation arising between any of the titles heading the clauses of the General Terms and Conditions, the titles will not be taken into account.
These General Terms and Conditions are governed by French law.
Unless contradicted by a mandatory provision, any dispute relating to their fulfilment, interpretation or validity shall, by default, be brought before the competent courts in Paris.