and Conditions of Sale and Service
The use of the site www.paytweak.com, for any reason whatsoever, implies total and unreserved agreement with these General Terms and Conditions of Sale and Service as well as adherence to all the stipulations presented herein.
The SERVICE is provided by Paytweak™, a simplified joint-stock company with a capital of 207 492 euros, registered in the EVREUX Trade and Companies Register under the number 809462955, with head offices located at 31 T rue Cappeville, 27140, Gisors, France (hereinafter referred to as PAYTWEAK). These Terms and Conditions constitute the contract concluded between PAYTWEAK™ and the VENDOR, hereinafter collectively referred to as “the PARTIES”.
Article 1 – Definitions
« SERVICE » : All the functionalities made available to the VENDOR by PAYTWEAK at the time of subscription.
« VENDOR » : Any natural or legal person who subscribes to the service.
« BUYER » : : Any natural or legal person who makes a payment to the VENDOR.
« USER » : Person(s) authorised by the VENDOR to access the account on the SERVICE.
« FINANCIAL INSTITUTION »: Refers to banks, financial entities and organisations and payment service providers that accept the payment of the BUYER, receive funds from the BUYER for the VENDOR, and/or manage electronic payment transactions on behalf of the VENDOR, with which the VENDOR has entered into a contract directly or indirectly.
« BANK INFORMATION »: Refers to the card number, expiry date, CVC code, IBAN and BIC numbers of the BUYERS.
« SERVICE DATA »: Refers to the statistical data, revenues, invoices, generated links and payments received, as well as all the data entered or collected on the BUYER by the VENDOR in connection with the use of the SERVICE.
« SITE » : Refers to the PAYTWEAK.COM website, where it is possible to subscribe to the offers.
Article 2 – Conditions of use of SERVICE
2.1. Prerequisite to subscription
In order to subscribe to the SERVICE, the VENDOR declares a contract has been signed with a FINANCIAL INSTITUTION allowing online payments to be taken on the Internet.
2.2 KYC - LAB FT - Legal and regulatory requirements
To respect regulatory requirements the VENDOR will supply, on request from PAYTWEAK, and in any case above 250 € of individual payment or 2 500 € of cumulative payments, documentary proof of identity, including but not limited to:
- Certificate of incorporation or other legal proof of registration dating from the past 3 months
- Double-sided photocopy of proof of identity of the managing director or legal representative, subscriber,
- Mobile telephone number,
- Date and place of birth,
- Address including country of residence,
Failure to provide these documents within 48 hours after request will result in the service and all payments being interrupted until said documents are received, processed and approved.
The VENDOR commits to providing reliable and precise information that is complete and accurate at the time the account is created. If this information changes during its subscription to the service, the VENDOR shall inform PAYTWEAK without delay. PAYTWEAK reserves the right to refuse, cancel or revoke any subscription (or account) that does not comply with these terms and conditions and/or if information is judged incomplete or unreliable, without justification.
Subscription to the SERVICE shall and should not be made by the VENDOR for a third party. Except where legally authorised, subscription and use of the SERVICE aimed at receiving payments on behalf of a third party is strictly prohibited.
Article 3 – Use of the service
3.1 Description of the SERVICE
In accordance with Article L111-1 of the French Consumer Code, all the pages of the site and these terms and conditions should be considered as describing the service and its pricing. PAYTWEAK will supply the accepted VENDOR a technology that allows BUYERS to be redirected securely to the payment pages of their FINANCIAL INSTITUTION to make secure payments and/or bank transfer orders. The SERVICE is exclusively for professionals, associations, administrations, self-employed entrepreneurs, small and medium sized businesses, corporations, tradesmen, and so on. The SERVICE offers, non-exhaustively: an interface that lists payments made and payments outstanding; an interface collecting VENDOR contacts that can also be imported; a scheduler that makes it possible to view scheduled payments, outstanding payments, late payments and honoured payments. The SERVICE permits designated USERS to access the VENDOR account and the data contained therein.
3.2 Obligations of the VENDOR and its USERS
The VENDOR commits to adhere to all applicable legal and/or regulatory provisions that are incumbent on it. Notably, concerning remote sales or consumer protection. The VENDOR commits to adhere to the general terms of sale that it will communicate to the BUYER, and to provide the good(s) or service(s) constituted by act of payment. The VENDOR bears sole responsibility for the products and services that it commercialises and this, despite its use of PAYTWEAK to facilitate payment.
The VENDOR does not have the right and is prohibited from using the service to facilitate payment for products or services that are liable to infringe on public order, prohibited by law, pornographic, incite discrimination or hatred, provide an incentive to commit a criminal offence, or that infringe on copyright or intellectual property rights.
The VENDOR bears full responsibility:
- for its commercial relationship with the BUYER,
- for the technical configuration of its account within the SERVICE,
- for the use it and its USERS make of the SERVICE,
- for any inadequacy of services between them in the event of faulty technical configuration,
- for the misuse of the payment link by its USERS,
- for failures in its computer equipment,
- for the internet supply allowing it and its USERS to use the SERVICE,
- for fraudulent use of the SERVICE following the disclosure, loss or theft of its access codes,
- for choosing computer equipment that is compatible with the SERVICE,
- in the event its obligations with regard to PAYTWEAK are not adhered to,
- in the event its obligations with regard to clients that it contacts via the SERVICE are not adhered to.
3.3 Exceeding allocated resources
On the site www.paytweak.com, Paytweak provides an infrastructure with resources shared between different VENDORS. “Allocated resources” is understood as the result of the following calculation: Infrastructure capacity divided by the number of VENDORS using it. If the use or needs in terms of resources of one VENDOR exceeds its allocated resources, disrupting the service or distribution of resources, PAYTWEAK will require the VENDOR account to be moved to a dedicated platform. This upgrade will be proposed to the VENDOR in advance in the form of a quote. If the VENDOR refuses to make this migration, PAYTWEAK may invoke its right to terminate the SERVICE in accordance with article 9.2 of these terms and conditions. In this case, any sum transferred by the VENDOR will be reimbursed in proportion to the subscription period remaining.
3.4 Subscriptions and options
Paytweak offers a range of non-binding subscriptions and services to which the VENDOR may subscribe for periods between one month and one year. Excluding the free trial period, the subscription fee must be paid before the service is provided. Details on the subscriptions, the price of which can change without prior warning, are displayed on the site www.paytweak.com on the offers and pricing page, at the url https://www.paytweak.com/en/pricing
3.4a Price of subscriptions and options
The price of the subscription (and options) remains valid with no change or increase to be made for the entire duration of the subscription sold. In the event the price increases during a subscription, the new price will only apply if and when the subscription is renewed. Complementary services can be subscribed to, free from tacit renewal, in subscriptions of one, six or twelve months. The subscription to these options starts from the date the selected option is paid for.
A discount of 5% is applied for subscriptions bought for a duration of 6 months.
A discount of 10% is applied for subscriptions bought for a duration of 12 months.
3.5 "Corporate" subscription, Setup, tailor-made development
PAYTWEAK offers dedicated infrastructures for clients whose Corporate subscription or volume of transactions exceeds the limit defined in clause 3.3. The price of these packages shall be quoted in accordance with the resources required and the subscription related to it, and is not displayed on the offers and pricing page.
Setup: there are no setup or installation costs for the ‘Starter’, ‘Business’ and ‘Premium’ packages as they are displayed on the site. When specific developments are requested or necessary for integration, PAYTWEAK shall make a quote for the VENDOR. Development only starts once the quote and its conditions have been accepted.
Article 4 – Limitation of liability
4.1 Financial transactions
PAYTWEAK provides a technical service to the VENDOR and is not a FINANCIAL INSTITUTION. PAYTWEAK therefore only acts to facilitate the financial transactions made between the BUYER, the FINANCIAL INSTITUTION and the VENDOR, the recipient of the funds.
BUYER payment happens exclusively on the secure payment pages of the FINANCIAL INSTITUTION of the VENDOR, outside the SERVICE and the PAYTWEAK servers, which do not and never will have access to the BANK INFORMATION of the BUYERS. Not intervening in the transaction’s (approval) mechanism, PAYTWEAK cannot protect the VENDOR against fraudulent payments. The SERVICE will provide the VENDOR with information gathered from the FINANCIAL INSTITUTION consecutively to a transaction, when these data are received by the SERVICE, notably acceptance (or refusal) and the 3DS score obtained.
4.2 Use of the SERVICE by the VENDOR and/or its USERS
PAYTWEAK will not be held liable :
- in the event of VENDOR internet operator breakdown
- in the event of technical breakdown of the FINANCIAL INSTITUTION or the networks that connect the servers between them,
- in the event of difficulties linked to the locations and/or conditions of connection,
- in the event of inadequate computer equipment carrying out an operation aiming to join the network,
- in the event of disruptions or interruptions to the supply of means from PAYTWEAK suppliers,
- in the event of refusal or impossibility of FINANCIAL INSTITUTION servers to respond to PAYWEAK servers,
Lastly, and more generally, PAYTWEAK shall not be held liable, for whatsoever reason, for services delivered by external providers used by VENDOR. Any complaint regarding these services must be addressed to the providers having delivered them.
In any case, and in the event that the responsibility of PAYTWEAK is recognised in the framework of the use of the SERVICE, and that the exemption conditions of these terms and conditions are not applicable, the damages awarded will not exceed the monthly total of the VENDOR subscription.
Any immaterial damage suffered by the VENDOR or its BUYERS the cause of which is linked to the use of the SERVICE, notably any reduction in revenue or profit made, as well as any loss of clientele or digital data, of any form, will not open right to financial compensation as damages paid by PAYTWEAK.
Article 5 – Service usage license
PAYTWEAK grants the VENDOR and its USERS a non-exclusive access right to the SERVICE. It provides for the use of the SERVICE by the VENDOR and its USERS under the conditions laid out in these terms and conditions. The SERVICE provided to the VENDOR is and remains the inalienable property of PAYTWEAK, which transfers no intellectual property rights to the VENDOR or its USERS. Reproduction, reselling or distribution of the SERVICE is expressly prohibited and may lead to prosecution, as permitted by law, during and after the SERVICE subscription or trial period.
The VENDOR and its USERS agree to only use the SERVICE according to the conditions laid out in these terms and conditions, and notably:
- To not use the SERVICE for commercial prospection or advertising purposes
- To not infringe on copyright and notably not reproduce, download, represent or modify all or part of the SERVICE
- To not access and/or retain the SERVICE, understood as a system for automatically processing data. Fraudulent access or retention of the SERVICE is prohibited and is subject to criminal prosecution. Likewise for hindrance or alteration to the SERVICE, or in the event of introduction, deletion or modification of the data contained therein
- To not disrupt the SERVICE and especially to not introduce a virus or any other technology
- To not use or seek out the source codes of the SERVICE
- To not transfer or make the SERVICE available to a third party for any reason whatsoever and in any manner (training, lending, copy…)
- To not attempt to reverse engineer or disassemble all or part of the SERVICE
- To not use the service for any other purposes than debt recovery, taking orders and pre payments, collecting invoices, paying for a good or service
The VENDOR and its USERS bear full responsibility for how they use the SERVICE and commit to using it fairly, in accordance with these terms and conditions, applicable laws and regulations and, in particular, in accordance with the laws relative to intellectual and industrial property.
PAYTWEAK retains the right to suspend the use of the SERVICE for any VENDOR that does not adhere to these terms and conditions and, in the event of a failure to respect its legal obligations, to communicate all the necessary information to the relevant legal bodies.
Article 6 – Confidentiality
PAYTWEAK and the VENDOR are bound by reciprocal strict and formal confidentiality agreement during and after the execution of this contract, regarding the data, ideas and documents exchanged between them. The VENDOR is notably prohibited from communicating commercial and/or technical agreements agreed and subscribed to in the framework of this contract and any amendments. Except in the case of requisition under French law, PAYTWEAK and its authorised employees may not communicate or transmit to whomsoever any information regarding the VENDOR, its data, USERS, as well as the use it makes of the SERVICE, externally or internally.
The VENDOR is responsible for maintaining confidentiality of its account and its passwords. It is also responsible for all activity on its account while the SERVICE is being used, and takes responsibility for all the actions and inactions of employees, consultants or third parties that it permits to access the SERVICE as account USERS.
By accepting these terms and conditions, the VENDOR agrees to indemnify and do all it can to protect PAYTWEAK, as well as its directors and employees, in the event of legal action from a third party, and especially any legal fees that result from or are linked to:
- A failure on the part of the VENDOR resulting in complaints pertaining to it,
- Fraud carried out by it or its USERS
- A legal complaint or civil action concerning information, data, files or other content supplied by it
- Bank card fraud complaints based on any information disclosed by it.
The VENDOR accepts to do all it can to cooperate with PAYTWEAK in the defence of any demand, complaint, action or proceedings.
Nevertheless the PARTIES will not be held liable for any disclosure if the disclosed elements were already in the public domain on the date of disclosure. For advertising purposes, the VENDOR permits PAYTWEAK to publish its logo on the site www.paytweak.com on the list of PAYTWEAK customers, in a way that does not harm the brand image of the customer.
All the information in these terms and conditions are covered by the obligation of professional secrecy as per the conditions of article L.511-33 of the French Monetary and Financial Code.
Lastly, the PARTIES agree that the USERS of the VENDOR shall never have access to the ‘settings’ menu or principal account data (administrator account), and shall not contact PAYTWEAK’s technical support service directly on behalf of the VENDOR outside the spaces for this purpose in the dedicated USER interface.
Article 7 – Transaction and data security
Executing transactions and securing payments are the responsibility of the FINANCIAL INSTITUTION. It is up to the VENDOR to ensure its FINANCIAL INSTITUTION guarantees the security conditions for remote sales and e-commerce transactions and in general for all transactions made at its request via PAYTWEAK, and this, for the entire duration of the subscription.
The data exchanged between the VENDOR and PAYTWEAK are encrypted via latest generation SSL EV security certificates secure PAYTWEAK servers and guarantee the strong encryption of data exchanged between the equipment of the VENDOR and that of PAYTWEAK. To strengthen the privacy of VENDOR information and its SERVICE DATA on the Internet, all the information saved by the VENDOR and/or its USERS within PAYTWEAK equipment is subject to additional internal encryption.
Patent-pending anti-phishing process
PAYTWEAK offers the VENDOR the use of its own anti-phishing technology to send secure emails from its platform. The technology irrefutably guarantees the signature, authenticity and origin of the request transmitted to any addressee as well as the identity of the email sender.
7.3 Personal data
The VENDOR bears sole responsibility for processing the data that it (or its USERS) enters into the SERVICE. It is the VENDOR’S responsibility to inform BUYERS about the applicable policy with regard to data processing and retention as well as compliance of its legal declarations. The VENDOR bears sole responsibility for sharing these data with the USERS it permits on its account as well as how they use said data.
With regard to the personal and professional data of VENDORS, unless otherwise provided for by law, PAYTWEAK will not examine or share, distribute or reference these data. In accordance with these terms and conditions, PAYTWEAK can access the VENDOR service data only to carry out the SERVICE, warn of or solve technical problems, or when it is required by law.
PAYTWEAK will NEVER use the data entered or injected into the SERVICE by the VENDOR and its USERS. Access to these data by PAYTWEAK members can only take place on the sole request of the VENDOR or the law, for legitimate reasons. This access remains strictly and securely limited to the highest level within our organisation. Any information relative to the VENDOR’S use or performance of PAYTWEAK is covered by professional secrecy in accordance with article L.511-33 of the French Monetary and Financial Code to which PAYTWEAK adheres.
Article 8 – Termination of the service
If it is not renewed in advance, subscriptions end naturally when the validity period expires. Early termination of a quarterly, six-monthly or annual subscription must be notified by registered mail with return receipt requested sent to PAYTWEAK - 31 T, rue cappeville, 27140 GISORS. Early termination stops provision of the services but does not open right to partial or total reimbursement.
8.1 Termination by the VENDOR
The VENDOR can terminate its subscription to the SERVICE at any time. In this case, any sum paid in advance remains with PAYTWEAK, termination opening no right to reimbursement.
8.2 Termination by PAYTWEAK
If the use of the SERVICE by the VENDOR or its USERS does not comply with these terms and conditions, is illegal or inappropriate, PAYTWEAK can suspend or terminate the subscription by informing the VENDOR of the contentious use resulting in this measure. PAYTWEAK may prescribe measures the VENDOR must apply to end said misuse. PAYTWEAK may re-establish the subscription and access to the SERVICE if it deems that the VENDOR has stopped the contentious use. If the non-compliant or illegal use has led to damages in the structure of the SERVICE or its operability, requiring repairs, PAYTWEAK will retain any sum paid until the total damages that will be invoiced to the VENDOR have been evaluated. The SERVICE will only be re-established after any due sums have been paid.
Article 9 – Right of withdrawal
In accordance with Article L121-21-8 of the French Consumer Code, concerning the subscription sold directly online with no prior in-person meeting with a PAYTWEAK representative and for which the VENDOR would like immediate execution, ticking the box “I have read and accept the General Terms and Conditions of Sale and request the immediate execution of the contract” in the registration form will be considered as the VENDOR’S “prior express consent”. In this case, no right of withdrawal will be granted, in accordance with article L 121-16-1 III of the French Consumer Code.
On the other hand, and in accordance with that same article, a right of withdrawal shall be granted to VENDORS having subscribed to a subscription online or by telephone after having met in-person a PAYTWEAK representative, AND, whose object of the contract is not part of their principal activity AND, whose number of employees is fewer than or equal to five. This 14 day right of withdrawal may be exercised by writing to firstname.lastname@example.org.
A VENDOR that would like the contract to be executed immediately and have the SERVICE without delay must expressly accept to renounce its legal right of withdrawal. Otherwise the SERVICE will only be delivered after the legal withdrawal period following payment, thereby pushing back the start and end date of the subscription.
Article 10 – Data retention, confidentiality and transport
PAYTWEAK ensures the protection of service data injected or entered by the VENDOR and its USERS by instantly encrypting these data using a military level complex algorithm with a special salt for each VENDOR.
PAYTWEAK ensures VENDOR data are retained during the entire subscription period. During this period, the functionalities of the PAYTWEAK back-office include the export of some of these data; notably reports of generated links, saved payments, sent emails or texts. These exports are possible in Excel *.csv, Text *.txt and Adobe PDF *.pdf formats.
At the end of the subscription and if the subscription is not renewed, PAYTWEAK will delete all the online data associated with the VENDOR account unless asked otherwise by the VENDOR, including the information relative to generated links, any USERS, saved contracts, and this within a period of 3 months after the subscription expiration date. PAYTWEAK will also delete data connected to the FINANCIAL INSTITUTION and all access to the service without any possibility to restore it. The removed data as well as the data covered by article 6-2 of the LCEN law of June 21, 2004 and Decree n°2011-219 of February 25, 2011 will be archived off-line by the SERVICE for the legal retention period required for potential legal proceedings.
PAYTWEAK shall not be held responsible for the deletion of VENDOR data if the VENDOR has not renewed its subscription before the end date and within the period of 3 months afterwards.
PAYTWEAK will take no responsibility with regards to the content of the data exchanged between the computer equipment of the BUYER and that of the FINANCIAL INSTITUTION of the VENDOR. PAYTWEAK guarantees that the data transported between its own servers and the FINANCIAL INSTITUTION will not be subject to distortion and conform to the data initially received. During its use of the service, the VENDOR can view, collect, send, store or share the SERVICE DATA. PAYTWEAK is not the owner of any SERVICE DATA and notably refuses any responsibility concerning the data that the VENDOR or its USERS may collect, publish or produce during the use of the SERVICE.
PAYTWEAK agrees that these terms and conditions give it no property rights over the SERVICE DATA and commits to not access or use them for any other reason than to supply the service to the VENDOR. PAYTWEAK carries out no selection or filtering of the SERVICE DATA and provides no revision, test, confirmation, approval or verification of the accuracy of the data. The VENDOR bears sole responsibility for all the SERVICE DATA it produces, transmits or stocks within the SERVICE.
To the extent that the SERVICE DATA contains information, files or data of third parties, it is the sole responsibility of the VENDOR to signal this to the third parties in question and obtain their authorisation. The VENDOR accepts responsibility for all the actions and inactions of its employees, consultants or third parties that it permits to access the SERVICE and commits to doing all it can to monitor its USERS. PAYTWEAK reserves the right to deactivate an account or access if it has reason to believe behaviour infringes on the law, is non compliant with these terms and conditions or compromises the integrity and security of the SERVICE.
The VENDOR acknowledges that PAYTWEAK may communicate to the FINANCIAL INSTITUTION as well as legal authorities in its Country and on legal requisition, information on one or more transactions. In this case and without legal restriction, PAYTWEAK will inform the VENDOR of the request made.
In accordance with the Data Protection Act of January 6, 1978, modified in 2004, PAYTWEAK has declared to the CNIL (French National Data Protection Commission) the file management and processing of data saved on/by its service under the declaration number 1997974v0. In accordance with this same law, the VENDORS, USERS and their users have a right to access, correct or modify the data concerning them. This right can be exercised by writing to PRIVACY@PAYTWEAK.COM or by sending a letter to: PAYTWEAK – Private data management - 31 T, rue Cappeville, 21740 GISORS.
Article 11 – SERVICE accessibility and availability
PAYTWEAK commits to doing all it can to keep the SERVICE accessible and VENDOR access open.
PAYTWEAK has numerous servers to ensure continuity of the SERVICE in the event one of them breaks down, slows or is subject to acts of cyber crime.
If the SERVICE is not accessible for a period greater than two consecutive days, and this due to errors attributable to PAYTWEAK, the VENDOR will be entitled to reimbursement for the amount paid by it corresponding to the total period of the interruption (downtime) of the SERVICE that it experienced. This reimbursement will be made on written request addressed to PAYTWEAK, sent by registered mail with return receipt requested.
PAYTWEAK shall ONLY be held liable on the basis of an obligation of means, if there is a proven fault, under the conditions of ordinary law and for direct and foreseeable damages. PAYTWEAK will not be held responsible in the event of interruption to the service linked to a failure or malfunction of the Internet network or, in general, any event outside its control.
PAYTWEAK shall bear no responsibility in the event the VENDOR suffers damages tied to the use of the Internet network, for example data loss or contamination by a virus.
Article 12 – Force majeure
In the event of Force Majeure, as defined by French law, none of the PARTIES of these terms and conditions will be held responsible for the delay. The party that notes the Force Majeure must inform the other party in writing without undue delay. The other party has ten days in which to contest it. The planned delivery date of the SERVICE will automatically be extended in accordance with the length of the event consisting of force majeure.
Article 13 – Intellectual property
The trademarks, logos (except those of customers, reproduced with their permission), slogans, graphics, photographs, animations, videos and texts contained on the SITE are the exclusive intellectual property of PAYTWEAK and shall not be reproduced, used or represented without prior express permission from PAYTWEAK under penalty of legal action. Total or partial representation of the SITE and its content, in any form whatsoever, without prior express permission from PAYTWEAK is prohibited and will constitute copyright infringement in accordance with articles L.355-2 and onwards of the French Intellectual Property Code.
Deep links to a page of the SITE is prohibited without prior written agreement from PAYTWEAK. PAYTWEAK expressly forbids: the extraction, by permanent or temporary transfer of all or substantial qualitative or quantitative part of the content of a database on another platform, by any means and in any form whatsoever; the reuse, by making publicly available all or a substantial qualitative or quantitative part of the content of the database, in whatever form.
Article 14 – Modification and validity of the terms and conditions
PAYTWEAK reserves the right to modify these terms and conditions at any time. The modifications made will come into effect 48 hours after publication. The VENDOR will be informed of any modification by email and will be invited to accept or refuse. If it refuses, the modified part will only come into effect in the event the subscription is renewed.
The VENDOR has a period of ONE month from being notified to terminate the contract, without charge, in accordance with article L. 313-13 of the French Monetary and Financial Code. In the absence of termination by the VENDOR within this period, it is deemed to have accepted the modifications in accordance with article 314-13 of the French Monetary and Financial Code.
By checking the box “I have read and accept the General Terms and Conditions of Sale and request the immediate execution of the contract” in the SERVICE registration form, the VENDOR expressly recognises that it has carefully read and understood these terms and conditions, in effect on the day of acceptance and that they accept them fully and without reserve. This acceptance is equivalent to “digital signing” the contract in accordance with Article L314-13 II of the French Monetary and Financial Code. These terms and conditions therefore constitute the contract between the VENDOR and PAYTWEAK. The acceptance of these terms and conditions by the VENDOR is kept and archived by PAYTWEAK in its information systems, unalterably, securely and safely.
The fact that one of the PARTIES has not demanded any of the clauses of these terms and conditions to be applied, whether permanently or temporarily, shall under no circumstances be considered as a renunciation of said clause. If one of the stipulations of these terms and conditions becomes void due to a legal or regulatory provision in effect and/or a legal decision having the force of res judicata, it will be deemed unwritten but shall in no way affect the validity of the other clauses, which shall remain fully applicable. The PARTIES shall in this event work together to decide on a new provision that will replace the one deemed null and void, it being understood that the new provision shall respect as far as possible the spirit and economic impact on the PARTIES of the provision being replaced.
Article 15 – Fight against money laundering and the financing of terrorism
In accordance with the provisions of articles L.561-2 and onwards of the French Monetary and Financial Code, pertaining to the participation of financial organisations in the fight against money laundering and the financing of terrorist activity, the FINANCIAL INSTITUTION and PAYTWEAK are bound to certain obligations.
Notably, they must carry out all necessary measures to identify the VENDOR and beneficial owner of the service. They must also find out from the VENDOR all business or operational relationships behind or subject to the operation and the destination of funds.
The VENDOR acknowledges that PAYTWEAK and the FINANCIAL INSTITUTION may put in place surveillance systems for the purpose of fighting against money laundering and the financing of terrorist activity.
The VENDOR is aware that an operation carried out in the framework of these terms and conditions may be subject to being signalled to the National Financial Intelligence Unit. Thus, no proceedings based on articles 226-13 and 226-14 of the legal code and no civil action can be initiated, nor any professional sanction pronounced against PAYTWEAK, its directors or employees who in good faith made the declarations mentioned in articles L561-15 and onwards of the French Monetary and Financial Code.
Article 16 – Disputes
16.1 Amicable settlement
In the event of difficulties tied to executing the contract, the party in question commits to notifying by registered mail with return receipt requested the other party in advance. The two parties will endeavour to find an amicable solution, within a period of thirty (30) days from the reception of the registered letter, without that leading the VENDOR to stop paying all or part of the amounts due under this contract.
16.2 Applicable law and competent jurisdiction
THESE TERMS AND CONDITIONS ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF DISPUTE, ONLY THE EVREUX COMMERCIAL COURT WILL BE COMPETENT, in terms of the basic rules and the rules governing their form and this, notwithstanding the location the substantial or accessory obligations are executed.