The CGU/CGV are concluded between the CUSTOMER and the company FINTECTURE SAS approved as a payment institution by the Prudential Control and Resolution Authority, under number 17248.
Fintecture SAS approved by the ACPR under number 17248.Fintecture is a Simplified Joint Stock Company located at 5 avenue du Général-de-Gaulle, 94160 Saint-Mandé, France. Registered in the Créteil register, SIREN number 834 500 548.
Provision of the service for collecting payment by bank transfer for the CUSTOMER.
Trader: legal person or natural person registered with the RCS or the national trade register or with any equivalent professional body in the European Economic Area acting on its behalf exclusively for professional purposes.
A natural or legal person (by its legal representative) and using the PAYMENT SERVICE “payment initiation” No. 7 of L.314-1 of the Monetary and Financial Code via a payment module to carry out the transaction in return for a good or service sold by the CUSTOMER.
Payment initiation service as defined in the framework of the provisions of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 concerning payment services in the internal market (known as “Payment Services Directive No. 2" or “PSD2”). Directive was transposed into French law by ordinance No. 2017-1252 of 9 August 2017.
Any payment service provider that offers an online PAYMENT ACCOUNT to the PAYMENT SERVICE USER in accordance with Payment Services Directive No. 2.
Refers to REGATE as a FINTECTURE partner allowing CUSTOMERS to benefit from the payment collection SERVICE.
FINTECTURE offers the CUSTOMER the payment collection service.
FINTECTURE is only a payment service provider. According to the PAYER's bank, the funds collected will be available on the CUSTOMER's payment account immediately or in 1 (one) business day following the SEPA deadlines. Payment initiation is irrevocable pursuant to article L.133-8 of the Monetary and Financial Code.
FINTECTURE has a regulatory obligation to maintain connection history and transaction information for the purposes of combating fraud and combating money laundering and terrorist financing.
FINTECTURE reserves the right to contact the PAYER if the latter has not finalized his payment process to support him in his customer experience.
As part of these TGU/CGV, the CUSTOMER and FINTECTURE have set up a “third-party user” partnership.
INTECTURE does not intervene in commercial disputes between the CUSTOMER and the payer. FINTECTURE's liability is limited to the non-execution, poor execution or unauthorized execution of the payment transaction in accordance with article L.133-18 of the Monetary and Financial Code and following.
If the user, the PAYER or the CUSTOMER make an error concerning the information of the beneficiary's account number, a beneficiary IBAN, the amount or the double order, or the transaction ID in requesting FINTECTURE to make a payment, the Parties will immediately investigate the Party that provided the incorrect information.
FINTECTURE will in no way be responsible if the incorrect information has been provided by the PAYER, the user or by the CUSTOMER.
The CUSTOMER is informed that FINTECTURE cannot guarantee the uninterrupted operation of services at any time because the service is based on the operation of the APIs of PSPs that maintain accounts, which is beyond its control.
FINTECTURE cannot be held responsible for any damage caused by these interruption events.
FINTECTURE can no longer be held liable for:
The CUSTOMER collects payments on the payment account of his company in the Economic and European Area.
The CUSTOMER must display its general conditions governing their relationship with the PAYER.
The CUSTOMER may never request authentication codes or other access data to the PAYER's payment methods.
The CUSTOMER undertakes not to use FINTECTURE SERVICES to sell illegal goods or services. FINTECTURE reserves the right not to enter into a business relationship or to end the business relationship if the CLIENT's activity falls within the high risk level.
Cancellation will have immediate effect in cases where the CUSTOMER engages in one of the above-mentioned or illegal activities.
FINTECTURE is an establishment subject to anti-money laundering regulations. As such, FINTECTURE reserves the right to request proof of identity and address as well as any other relevant document for security reasons or to update the CLIENT's file.
Any refusal may result in the termination of the business relationship.
In application of article L.521-6 of the Monetary and Financial Code for security reasons, FINTECTURE reserves the right to add additional limitations and controls on the use of the SERVICE.
FINTECTURE will inform the CUSTOMER of new controls and/or limitations at the time of their implementation.
The CUSTOMER also undertakes to use the SERVICE only for its own operations.
The IBAN sent by the CUSTOMER must belong strictly to him.
Any exception to this rule is prohibited and may result in the termination of the relationship.
Any false declaration is subject to legal sanctions and will result in termination.
The CLIENT authorizes the PARTNER to collect and transmit information and documents to FINTECTURE as part of the fight against money laundering.
The FINTECTURE PARTNER and FINTECTURE will ensure compliance with the obligations provided for by the European Data Protection Regulation.
FINTECTURE is solely responsible for processing the PAYMENT SERVICE.
FINTECTURE undertakes to comply with the rules of the Monetary and Financial Code and any other provisions applicable to it as a payment institution.
When the PAYER denies having given his consent to carry out a payment transaction, it is up to FINTECTURE and the PSP account holders to provide proof that the transaction has been authenticated with his bank, duly recorded and accounted for in accordance with the state of the art and that it has not been affected by a technical defect.
This proof may be provided by any means.
If you encounter difficulties or are not satisfied with the services offered by FINTECTURE, you can:
The Personal Data Policy is available on the site.
The personal data of the PAYER and the CUSTOMER collected by FINTECTURE within the framework of these TGU/CGV or subsequently during the business relationship are subject to automated processing in accordance with the “Informatique, Files and Freedoms” law of 6 January 1978 as amended and with European Regulation 2016/679 of 27 April 2016 relating to data protection. This data is mainly used by FINTECTURE for the following purposes: execution of the contract and provision of payment services, statistical studies, improvement of the service provided, risk assessment, fight against money laundering and terrorist financing, security and prevention of unpaid invoices and fraud, legal obligations, recovery and legal and regulatory obligations, The CUSTOMER and the PAYER have the right to access and correct their personal data.
These CGU/CGV do not grant the parties any ownership rights over their respective services and all of their components, which are and remain the exclusive property of each. The parties are not authorized to reproduce, represent, modify, translate and/or adapt, partially or totally, each of the elements of their respective services without the prior written consent of the other party. Services including brands, applications, websites, and related technology are the exclusive intellectual property of the respective parties. The software, interfaces, database, know-how, data, texts, presentations, illustrations, computer programs, animations, and all other information made available to the CUSTOMER are the exclusive intellectual property of FINTECTURE.
The presence of the logos of payment service providers (banks) referenced by the FINTECTURE service does not mean the existence of a partnership with them. PSP logos are only displayed to allow payment service users to choose their payment account manager.
In any event, FINTECTURE cannot be held liable if the non-performance of its obligations results from a case of force majeure within the meaning of article 1218 of the Civil Code. This includes in particular natural disasters, fires, internal or external strikes, breakdowns, shortages, war, power cuts, telecommunications network failures, Internet connectivity losses due to public or private operators and, in general, any event independent of the the will of FINTECTURE and making it impossible to implement the TGU/CGV, and including the act of the CUSTOMER or a third party.
The parties undertake to keep confidential during the term of this contract and two years after the end of the contract all information they become aware of on their respective activities as well as on the services covered by this contract.
The CLIENT and FINTECTURE are prohibited from communicating the content of the services to any third party without the prior authorization of the other party.
These TGU/CGV for an indefinite period of time from their acceptance. The parties, FINTECTURE and the CUSTOMER may terminate the T&CGS unilaterally at any time by notifying FINTECTURE by email to contact@fintecture.com.
These CGU/CGV for an indefinite period of time from their acceptance. The parties, FINTECTURE and the CUSTOMER may terminate the T&CS and their interpretation are governed by French law. If the settlement of the dispute between the parties has not been resolved amicably, jurisdiction is conferred exclusively on the French courts.
to the CGU/CGV unilaterally at any time by notifying FINTECTURE by email to contact@fintecture.com.
Version February 1, 2021
