GENERAL TERMS AND CONDITIONS OF PAYMENT INITIATION FOR PAYMENT SERVICES USERS (T&Cs)
The T&Cs are concluded between the payment service user and the company FINTECTURE SAS, authorized as a Payment Institution by the Prudential Control and Resolution Authority / l’Autorité de Contrôle Prudentiel et de Résolution (ACPR), under the number 17248. By clicking « I accept the T&Cs » box, the payment service user accepts the T&Cs without reservation.
Fintecture SAS is registered with the ACPR under the number 17248. Fintecture is a simplified joint stock company (SAS) located at « 5 avenue du Général de Gaulle, 94160 Saint-Mandé, France » incorporated in Paris, SIREN number 834 500 548.
THE PAYMENT SERVICE USER or PSU
Legal entity or an individual who has reached legal age and expressly declares to have the capacity and/or to have received the required authorizations to use the account information service(s) provided by FINTECTURE.
Commercial company operating the Site online and using FINTECTURE’s services to collect payments from PAYMENT SERVICE USERS.
The site and/or the application operated by the PARTNER in order to allow persons to use the SERVICES provided by FINTECTURE.
SERVICE or PAYMENT INITIATION SERVICE
Payment initiation service as defined under the provisions of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment (the « Payment Services Directive No. 2 » or « PSD2 »). The Directive is transposed into French law by Order n° 2017-1252 of 9 August 2017.
CUSTOM SECURITY DATA
Personalized data are provided to a Payment Service User by the Account Servicing Payment Service Provider (bank) for authentication purposes (Payment Services Directive 2). Please note that FINTECTURE will never ask the PAYMENT SERVICES USER for sensitive data (password). Only the PAYMENT SERVICE USER’s bank is entitled to request such information for authentication.
ACCOUNT SERVICING PAYMENT SERVICE PROVIDERS (or “ASPSP” or « Banks »)
Any Payment Service Provider that offers an ONLINE PAYMENT ACCOUNT to the PAYMENT SERVICE USER in accordance with PSD2.
ARTICLE 1 – TERMS OF SERVICE
FINTECTURE offers the PSU the « Payment Initiation » SERVICE.
FINTECTURE is a payment service provider only.
The PARTNER connects the PAYMENT SERVICES USER to FINTECTURE via its online site and/or the application operated by the PARTNER in order to allow PSUs to use the payment initiation service provided by FINTECTURE, regardless of any underlying obligation between the PAYMENT SERVICES USER and the PARTNER.
ARTICLE 2 – LIABILITY
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.
FINTECTURE has no control over the goods and services offered by the PARTNER through the PARTNER’S SITE, and cannot assume any responsibility in this regard, in particular with regard to the mentioned goods and services.
FINTECTURE does not intervene in commercial disputes between PARTNERS and PAYMENT SERVICE USERS.
The PAYMENT SERVICE USER is informed that FINTECTURE cannot guarantee the uninterrupted provision of the service at all times because the service relies on the availability of the APIs of the ASPSPs (banks), which is beyond its control. FINTECTURE cannot be held responsible for any damage caused by these interruption events.
When the ASPSP notifies FINTECTURE prior to maintenance operations that may temporarily interrupt the service, FINTECTURE will inform the PARTNER. The PARTNER, in turn, is responsible for informing PAYMENT SERVICE USERS about the interruption of services.
FINTECTURE’s responsibility cannot be committed:
- if the supplier of the payment chain is defaulting, and without limitation, servers and payment systems as well as bank verification and authentication systems, SEPA bank transfer systems, interbank transfer systems, electronic payment systems and processing.
- If the web hosting of payment systems fall victim to attacks requiring a cut-off of the service to stop massive and organized attack.
- In the case of phishing (theft of access code to an online bank account).
ARTICLE 3 – OBLIGATIONS OF THE PAYMENT SERVICE USER
To be eligible for our SERVICES, you must (i) be a resident of one of the countries of the European Economic Area (EEA), and (ii) have full legal capacity to enter into the contract.
The PAYMENT SERVICES USER may only use a payment account belonging to him in the EEA.
FINTECTURE may ask the user for a unique identifier if the PAYMENT SERVICES USER opts to pay with his banking application. This allows the FINTECTURE API to contact the PAYMENT SERVICES USER’s bank and ask them to authenticate within their bank. Concerning the authentication of the PAYMENT SERVICE USER, the FINTECTURE solution only redirects the authentication request of the PAYMENT SERVICE USER to his bank’s interface. Only the PAYMENT SERVICE USER’s bank is authorized to authenticate its customer.
The PAYMENT SERVICES USER undertakes to check that the URL of the authentication page belongs to the bank. The PAYMENT SERVICES USER has the obligation to immediately inform FINTECTURE in case of suspicion of fraudulent access or use of his payment account or any event likely to lead to such use, such as but not limited to: loss, accidental disclosure or misappropriation of his payment account credentials or an unauthorized transaction.
This notification must be made by sending an email to the following email address: firstname.lastname@example.org
ARTICLE 4 – PRICING
FINTECTURE does not charge PAYMENT SERVICE USERS for the use of the SERVICE.
The PARTNER or the PAYMENT SERVICE USER’s bank may or may not charge fees in a discretionary manner that is independent of FINTECTURE.
If the PAYMENT SERVICES USER’s bank charges the PSU, the reminder of the charges should be made by the bank at the time of the request for payment confirmation. It is recommended that the PAYMENT SERVICE USER consults in advance the rates and charges applicable by his bank to the payment transactions. FINTECTURE cannot be held responsible for the fees and charges applied by the bank and invoiced by it to its customers. Particular attention of the PAYMENT SERVICE USER is drawn to the exchange of currencies in the context of payment for a good or service offered by the PARTNER in foreign currency. Specific pricing may be used by your bank.
ARTICLE 5 – ANTI -MONEY LAUNDERING AND FRAUD
In order to guarantee the security of the SERVICES, FINTECTURE reserves the right to limit the use of the service in case of fraud risk or illicit use of the services.
Pursuant to Article L. 561-2 of the Monetary and Financial Code, FINTECTURE is subject to anti-money laundering and terrorist financing obligations (AML-TF). As such, FINTECTURE carries out controls to fight against money laundering and terrorist financing. In the event of the identified risk, FINTECTURE reserves the right to suspend any operation without prior notice pending the transmission of supporting documents requested from the PAYMENT SERVICE USER. By accepting this Agreement, the PAYMENT SERVICE USER agrees to cooperate with FINTECTURE by providing all information and documents requested by FINTECTURE for the purpose of these checks. Refusal may result in termination of the contract.
All documents transmitted by the PAYMENT SERVICE USER to FINTECTURE and the PARTNER are protected by FINTECTURE and the PARTNER in accordance with European legislation on the protection of personal data. FINTECTURE has developed a detailed set of policies and procedures to ensure continuous monitoring of all clients based on a risk-based approach. Monitoring is carried out via systems designed to detect unusual or suspicious use based on the risk profile of the PAYMENT SERVICE USER concerned.
ARTICLE 6 – COMPLAINTS AND MEDIATION
FINTECTURE reserves the right to request a document (proof, written statement, etc.) supporting the claim of the PAYMENT SERVICE USER.
If you are experiencing difficulties or are not satisfied with the services offered by FINTECTURE:
- First, please contact our Customer Service;
- Secondly, send a complaint by post to FINTECTURE SAS, 5 avenue du Général de Gaulle, 94160 Saint-Mandé, France;
- Finally, in the event of persistent difficulties concerning the provision of payment services, the PAYMENT SERVICE USER may write to the Mediator, in accordance with Article L. 316-1 of the Monetary and Financial Code, at the following address AFEPAME’s Mediator:
36, rue Taitbout, 75009 Paris.
Complaints will be processed within a maximum of two months from receipt.
Any dispute not resolved amicably is subject to the exclusive jurisdiction of the French courts. Only French law applies within the framework of the T&Cs.
ARTICLE 7 – PROTECTION OF PERSONAL DATA
The USER’s personal data collected by FINTECTURE within the framework of the present T&Cs are subject to automated processing in accordance with the French law « Informatique, Fichiers et Libertés » of 6 January, 1978 as amended by the European Data Protection Regulation 2016/679 of 27 April, 2016. This data is mainly used by FINTECTURE for the following purposes: contract execution and service provision, statistical studies, risk assessment, the fight against money laundering and the financing of terrorism, security and the prevention of the unpaid and fraud, recovery, and legal and regulatory obligations. The PARTNER and the PAYMENT SERVICE USER have the right to access and rectify their personal data.
ARTICLE 8 – INTELLECTUAL PROPERTY
The present Terms and Conditions of Use do not give the PAYMENT SERVICE USER any ownership rights over the SERVICE and all its components, which are and remain the exclusive property of FINTECTURE.
The PAYMENT SERVICE USER is not authorized to reproduce, represent, modify, translate and/or adapt, partially or totally, any of the elements of the SERVICE without the prior written consent of FINTECTURE.
The SERVICE including in particular the trademarks, application, website, and related technology are the exclusive intellectual property of FINTECTURE.
The software, interfaces, database, know-how, data, texts, presentations, illustrations, computer programs, animations, and all other information made available to the PARTNER are the exclusive intellectual property of FINTECTURE.
The presence of the logos of Account Servicing Payment Service Providers (banks) referenced by the FINTECTURE service does not signify the existence of a commercial partnership with the banks. The logos of the banks are displayed only to enable PAYMENT SERVICE USERS to select their payment service provider.
ARTICLE 9 – FORCE MAJEURE
In any case, the responsibility of FINTECTURE cannot be engaged if the non-performance of its obligations resulting 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, loss of Internet connectivity due to public or private operators and, in general, any event beyond the control of FINTECTURE that makes the performance of the Contract impossible, including the actions of the PARTNER, the PAYMENT SERVICE USER or a third party.
ARTICLE 10 – MISCELLANEOUS
FINTECTURE will display the T&Cs on a durable support before the payment confirmation.
If the PAYMENT SERVICES USER refuses to accept the T&Cs or their modification, he undertakes not to continue using the SERVICE.
FINTECTURE has the right to modify the Terms and Conditions of Use, therefore the PAYMENT SERVICES USER is advised to refer before any navigation to the latest version of the T&Cs accessible and downloadable at any time on the site.
ARTICLE 11 – TERMINATION
The T&Cs are concluded for an indefinite period of time.
The Parties, FINTECTURE and the PAYMENT SERVICES USER may terminate the contract unilaterally at any time with immediate effect from:
- Notification of PAYMENT SERVICE USER by FINTECTURE
- At the request of the PAYMENT SERVICE USER
ARTICLE 12 – APPLICABLE LAW
The T&Cs or their interpretation are governed by French law. If the settlement of the dispute between the Parties cannot be resolved amicably, the French courts shall have jurisdiction.
Last updated on: 28 May, 2020