Terms and Conditions

GENERAL TERMS & CONDITIONS OF USE OF BLUEQUO

From A to Z

We want you to know from A to Z our General Terms & Conditions of Use, and that is why we offer them below in a question and answer format so that you can easily understand them.

A. What are BLUEQUO’s General Terms & Conditions of Use?

BLUEQUO’s General Terms & Conditions of Use (hereinafter, the “GTCU”) are the legal terms and conditions that regulate the services offered by BLUEQUO on our Website, which cover all the sections from A to Z.

Therefore, the GTCU are the legal “Agreement” that binds us to you as a User (hereinafter, we will address you as “User” and, depending on the use you make, as “Freelance” or as “Client”) and us as owners of the Website, with which it will be understood that you agree if you continue browsing it.

B. Who is BLUEQUO?

In order for you to know us well, and in order to comply with the regulations on the services of the information society, we provide the following information about BLUEQUO (hereinafter referred to as the “Company”):

– Company Name: BLUEQUO B.V.
– Commercial Name: BLUEQUO.
– Social Address: Vijzelstraat 68 1017HL Amsterdam, Netherland
– TAX ID: NL863927634B01
– Incorporation Data: 5/5/2022
– Domain name: www.bluequo.com
– Owner or holder of the domain: Bluequo BV

C. How to contact us?

You can contact us by the following means:
Address: C. Aranjuez, 7 bis, 28039 Madrid
Telephone: +34 669 31 31 58
Email: hello@bluequo.com

D. What does it mean?

For the purposes of this Agreement, you should note the meanings of the following terms:

“Account” means Freelancer’s or Client’s account with BLUEQUO.

“Liability” means liability within or on account of any type of claim action (including breach of contract, tort, misrepresentation, clawback or otherwise) relating to, arising out of or in connection with this Agreement (including liability expressly provided for by this Agreement or arising out of the invalidity or unenforceability of any term of this Agreement). For purposes of using this definition, all references to “Agreement” shall be deemed to include any ancillary agreements.

“Users” (of the Website): any natural person who browses and/or uses the services or facilities provided by the Website.

“Freelancer” is always a self-employed entrepreneur, whose documentation has been able to be verified by BLUEQUO and who offers his/her professional services to CLIENTS, through BLUEQUO COMMUNITY. A Freelancer is not and has no employment relationship with BLUEQUO.

“Client” is a third party, natural or legal person, who requires the professional services of a Freelancer for the provision of a service or the execution of a project and who uses BLUEQUO in order to contact or be connected to one or more Freelancer(s) of a Project.

Website” means web pages, mobile applications, electronic services or communications, social networking pages, or any individual, business partner-specific, Entrepreneur-specific, city-specific, other area-specific web pages that link to or reference these Terms of Use.

Register” means to create an Account on the BLUEQUO Website, and “Registration” means the action of creating an Account on BLUEQUO.

Services” means all services provided by BLUEQUO through the Web Site (or via electronic, or other, communications from BLUEQUO) including the mobile applications, our newsletters, emails we send to you and the information services, content and transaction functions of the Web Site (including the ability to make a purchase).

Content“: means any information, message or information of any kind (text, images, videos, photographs, comments, trademarks, corporate names, etc.) posted by a User on the Site.

Invoicing Mandate“: means the authorization granted by the Freelancer in favor of BLUEQUO by virtue of which the Freelancer (or principal) entrusts BLUEQUO (or a mandatary), in accordance with the applicable tax rules, with the management of issuing and sending invoices, in the cases of Projects carried out for a Client through the Site.

Project“: means the specific task entrusted by a Client to a Freelancer.

Site“: means the website whose address is www.bluequo.com

E. What services do we offer?

Through this Website and mobile applications, we offer a Platform that allows and facilitates contacting, reaching agreements and/or executing transactions to Freelancers and Clients in contracting the performance of those services globally or for the execution of specific projects (hereinafter, the “Projects or Services”).

The Services offered by BLUEQUO include:

– A relationship between Freelancers and Clients/Project Owners, at whose disposal a personal web space may be made available to advertise and offer or request services.- The provision of a forum to upload or publish content.

– A means of payment intended to ensure the completion of a Project.

– The preparation and issuance of invoices for Projects carried out in the name and on behalf of Freelancers.

– The collection of documents required from Freelancers in the framework of the monitoring obligation and their provision to Clients.

– The implementation of additional services for Clients/Project Owners, medium and large companies.

– Sending newsletters and other communications of an advertising or informative nature.

The additional services for “large account” Corporate Customers/Project Owners include a set of individualized services, described as following:

– A tailor-made consulting service for the search of Freelancers.

– A customized interface of the platform for the Client, allowing a collaborative use of the platform among several Users.

– The provision of an on-line library containing the Client’s /Project Owners specific contractual documentation.

– Additional payment options.

F. How do the Services and the Website work?

In any case, in order to register you as a Freelancer, we need to know a few things about you, about which you can find more details in our Privacy Policy.

The Client contacts the Freelancer through the Website. After an exchange on the details of the Project, the Freelancer addresses to the Client, thanks to the tools made available on the Website, a proposal of services.

In the case of an agreement, the Client accepts the offer of services and makes a provision of funds per position or  Project, allowing the Freelancer to start the Project (except in the case of another billing option for Corporate Services).

On a monthly basis or, if agreed, at  the end of the Project, the Company will issue an invoice in the name and on behalf of the Freelancer, based on the information provided by the Freelancer and will be sent by BLUEQUO to the Client. The Freelancer is obliged to provide the Company with all information or other requirements to be submitted in accordance with its legal obligations, as set forth in the Invoicing Mandate.

The Client has a period of fifteen (15) calendar days from the notification sent by the Company to the email address of its user account to validate the Project or Service received, on the Website.

By validating the Project or the Service, the Client definitively waives any claim or recourse against the Company for the payment made.

In the absence of Validation within this period, and unless the Client has expressly indicated his wish to oppose the Validation of the Project or the Service, the Client acknowledges that the Company may proceed with the automatic validation of the Project and release the amounts paid to the Freelancer, without any prior formality.

The validation of the Project or the Service implies the payment to the Freelance of the amount of the invoice, less the 15% service fee commission, to be paid  by the Client to the Company.

G. What is the scope of use of this Website?

The Website and our services are intended for professional, commercial and for-profit use by the parties, including BLUEQUO, unless otherwise expressed in writing.

You may only access the Website through our application, standard Web page, mobile browsers and other similar consumer applications, but not through a robot, spider, offline reader, automatic search/retrieval application or other automatic or manual devices, tools, retrieval processes, indexing, data collection from our website, via scraping, spidering or otherwise. As an exception, revocable at any time by BLUEQUO, the operators of public search engines may use spiders to copy materials from the Web Site for the sole purpose of and only to the extent necessary to create publicly accessible searchable indices of the material, but not caches or archives of such material.

BLUEQUO reserves the right to prohibit the use of the Website and services (or any part thereof) by any user who does not respect or comply with the GTCU or any particular terms and conditions that may exist with respect to particular services. As a general rule, the products or services that may be offered or made available by Freelances and/or Clients are not available to minors, in accordance with Spanish law.

H. How does the Registration and Registration in BLUEQUO work?

To access the Services, the User must create an account by registering for free on the Website.

The User must be at least 18 years of age and legally able to contract and use the Website in accordance with these GCU. The User is obliged to provide accurate information, which he/she undertakes to update immediately in case of change.

The access to the account created is protected by an identifier and a password chosen by the User when registering on the Website, which will be used diligently and kept secret, the User being liable for all the damages of the incorrect and negligent use of the same. The User shall inform the Company of the loss or theft of the same or of the possible access by an unauthorized third party, in such a way that the latter proceeds to immediate blocking.

To be referenced as a Freelancer on the Site and to be visible to Users, the User is also obliged to provide accurate, truthful and complete information on his profile page, as well as to update it.

The Freelancer, by accepting these Terms and Conditions, grants a Invoicing Mandate in favor of BLUEQUO to use the Services. In addition, the Freelancer undertakes to download and complete on the Site the documents required to comply with its invoicing and tax obligations and those arising from Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing.

In addition, if the Freelancer wishes to benefit from BLUEQUO’s cash advance service, he/she undertakes, where appropriate, to sign a transfer mandate allowing the Company to manage in his/her name and on his/her behalf the transfer of his/her receivables to a factoring company.

I. Who can access the Services and the Website?

Access to the Services offered by the Website is reserved exclusively for Registered Users.

Freelancers must have instructed the Company through the Invoicing Mandate to set up and issue invoices on their own account (by accepting the Invoicing Mandate in order to use the services of the Site). In addition, they must have added to their profiles the documents necessary to comply with Law 10/2010 of 28 April 2010 on the prevention of money laundering and the financing of terrorism.

In the case of Users domiciled outside Spain, they are also obliged to respect all the obligations incumbent upon them under the legislation applicable to their status as Self-Employed in their country of residence, as well as the obligations arising from the use of the Site.

Users must configure their computer and telecommunications resources to enable them to access the Site. They shall bear the costs thereof when accessing the Internet and using the Site.

The Site is open 24 hours a day, 7 days a week for all Users.

The Company reserves the right, without prior notice or compensation, to temporarily or permanently close the Site or access to one or more Services in order to carry out an update, one or more changes to the operating methods, servers and accessibility hours, without this list being exhaustive.

The Company reserves the right to make any modifications and improvements to the Site and the Services that it deems necessary or useful for the proper functioning of the same.

The Site is reserved for Clients/Project Owners and may not be used by intermediaries or recruitment professionals acting on behalf of an end client. In the event of non-compliance with these access rules, in addition to the penalties mentioned in these GCU and in order to put an end to the unfair competition thus originated, the Company reserves the right to limit access to its Services, in particular by reducing the possibility of contacting Freelancers through the platform or of using the functionality of their profile. 

Beyond the reminder of the rules of use of the platform contained in these terms and conditions, this limitation of the possibilities of use of the platform is not the subject of specific information, this in order to avoid that, through a new user profile, the violation of the terms of use is repeated.

J. Can the Services or the Website be interrupted?

BLUEQUO will make all reasonable efforts to correct any errors or omissions as soon as possible from the time it is notified. BLUEQUO reserves the right to change, modify, replace, suspend or withdraw without notice any Services or information on the Website or forming part of the Services at any time.

BLUEQUO does not warrant that the Services or the Website are free of viruses or anything else that may have a harmful effect on any technology.

Although we attempt to maintain uninterrupted access to the Services and the Website, access to the Services and the Website may be suspended, restricted or terminated at any time. Your access to the Website and/or the Services may also be restricted from time to time for repairs, maintenance or the introduction of new devices or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access and/or edit or remove any material that in our reasonable opinion may lead to a breach of this Agreement.

K. Can an Account be suspended or terminated or closed?

If you or anyone with your permission uses the Services or the Site in contravention of this Agreement, we may suspend your use of the Services and/or the Site, in whole or in part.

If we suspend the Services or the Website, we may refuse to reinstate them until we receive assurances from you, in a form acceptable to us, that there will be no further breaches of the provisions of this Agreement.

BLUEQUO will cooperate with any law enforcement authorities or court order requesting or directing BLUEQUO to disclose the identity or locate anyone in breach of this Agreement.

BLUEQUO is entitled immediately, or at any time, to:

– Suspend the Services and/or the Website;

– Suspend your use of the Services and/or the Website;

– Suspend the use of the Services and/or the Website by persons we believe to be connected (however connected) to you; and/or

– Terminate this Agreement immediately if this action will be taken if we have reasonable suspicion that you have breached, may breach, or are about to breach this Agreement and if we have reasonable suspicion that you may have committed or are committing fraud against us or another person.

We reserve the right to close Accounts if any user is in violation of our terms of use (e.g., this Agreement), including if we have reasonable grounds or knowledge that you are using a proxy IP (Internet Protocol address) to attempt to conceal the use of multiple accounts, or if a user pretends to be located in a country other than the country of your actual residence, or if you disrupt the Website or Services in any way.

If you use multiple Accounts and we take any action against you, that action may be directed against all of your Accounts.

L. What are the prices of the Services?

The Client pays a 15% Service Fee commission to the Company, as a commission for the provision of the Service. 

The 15% of the Price of the Service or Project (excluding additional services) is calculated as a percentage of the price of the Project or Freelance Service, and is invoiced by BLUEQUO to the Client, and this invoice must be sent to the Client simultaneously with the Freelance fee invoice. 

This percentage of 15% of BLUEQUO’s fees will in no case be deducted from the amount of the fees agreed by the Freelance with the Client.

M. What is the payment system?

Payment by the Client of the price of the Project shall be made by provision of the same through an electronic money account (escrow account). The payment of the Service will be made optionally by credit card, through a secure online payment service or by bank transfer.

In the case of Corporate Services, the Client may be authorized to pay the full price of the Project directly without prior notice within the legal deadline for payment. The terms and conditions of such payment shall be the subject of a separate agreement.

For the purpose of implementation of the payment system, the Company has joined the services of the company MangoPay, a company authorized for the use of electronic money, (hereinafter referred to as “MangoPay”).

The Users contract directly with Mangopay with respect to the provision payment system and declare that they accept the general conditions of MangoPay available here: General Conditions of MangoPay.

The remittance of funds under a provision agreement for an e-money account does not constitute a bank deposit and does not bear interest.

N. Can Freelancers and Clients be evaluated and recommended?

Yes, at the end of each Project, Clients and Freelancers are encouraged to evaluate each other’s collaboration. The evaluation made by a Client may appear on the Freelancer’s page. The evaluation made by a Freelancer can be visible to Freelancers contacted by the Client for a new Project.

Evaluations made by Clients/Project Owners cannot be modified after one month from the end of the Project.

Freelancers also have the possibility to be recommended by other Users such as colleagues, friends or former clients, with whom they have collaborated in the past.

Recommendations can be hidden directly and freely by the Freelancer in his/her profile. The Freelancer undertakes not to publish or have published in his profile recommendations that do not correspond to reality.

Evaluations and recommendations must reflect objective considerations and, under no circumstances, may contain excessive or insulting comments. Should this be the case, the Company reserves the right and the possibility to remove the evaluation.

The use of the evaluation and recommendation system is not mandatory for the operation of the Community and is merely a guide to the experience and performance of Freelancers.

O. How are disputes handled?

In case of cancellation of the Project by mutual agreement (either on the Client’s or Freelancer’s initiative), the Company will refund, within 15 days, the price of the Project to the Client.

In case of disagreement between the Client and the Freelancer on the quality of the service, the scope, the modalities or the stage of completion of the Project, they will undertake to inform the Company through Customer Service and to use their best efforts to find an amicable solution within 45 days.

The Company may intervene to try to propose a solution to the parties.

In the absence of agreement within this period, and in the event that the Project has given rise to an advance payment on a deposit account, the Company shall refund within 15 days, the amount of the said advance payment made by the Client/Project Owner on the amount of the Project, with a deduction of €5000 for fixed management fees, corresponding to the costs incurred by the Company with payment service providers and other costs. 

The resolution of this dispute shall be the sole responsibility of Client and Freelance.

P. What is BLUEQUO’s responsibility?

We operate under the principle that BLUEQUO always tries to do its work to the best of its ability and, therefore, we undertake to apply reasonable care and skill in performing any obligation under this Agreement, and not to act contrary to due professional diligence in our work.

Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) gross misconduct on our part, excluding gross misconduct not attributable to BLUEQUO itself; or (iv) any liability which cannot be excluded or limited by applicable law. In any case, the User is obliged to take the necessary steps to avoid or reduce damages.

Since we do not only offer the Website and Services for your commercial and/or professional use, BLUEQUO will never be liable for:

– The loss of income or revenue.

– Actual or anticipated loss of profits.

– Loss of business.

– Indirect or consequential losses, understood as losses arising from consequences, whether these losses are foreseeable, known, foreseen or of any other kind.

BLUEQUO will make every effort to ensure access to and the proper functioning of the Website and the Services 24 hours a day, 7 days a week.

However, in view of the constraints linked to the Internet, the Company cannot exclude that access to and operation of the Website and the Services may be interrupted, in particular during maintenance operations aimed at improving the Website and the Services, in the event of force majeure, malfunction of the User’s equipment and breakdowns of the User’s Internet network.

Consequently, the Company shall not be held liable for any interruption of the Services, whether voluntary or otherwise, provided that it undertakes to make every effort to limit the interruptions that may be attributed to it.

The Company shall provide Freelancers and Clients with tools and technical means enabling them to contact each other for the purpose of concluding a service contract through the Site. Its responsibility is limited to the provision of these means as described in this document and to intermediation between Freelancers and Clients.

In particular, the Company is not responsible for the frequency of presentation of Freelance profiles on its Site.

The Company and the User are independent parties, each acting in its own name and on its own account.

The Company does not enter into any contract in the name and/or on behalf of a Freelancer or a Client. They contract directly with each other through the Website.

Consequently, the Company cannot in any case be considered as an employee/employer or agent of a User.

Since the Company is not a party to contracts relating to a Project entered into between Freelancers and Clients, the latter are solely responsible for any difficulties, claims and disputes that may arise in the conclusion and/or execution of such contracts. Therefore, each User releases the Company from all liability for any direct or indirect consequences resulting directly or indirectly from the communication, execution and/or conclusion of a contract between a Freelancer and a Client.

Therefore, the Company cannot be held responsible for any cancellation of payment or  withdrawal authorization on the initiative of the Client alone, and the consequences that may result therefrom.

The Company will make every effort to ensure the content and validity of the information and documents provided by Freelancers on the Site when they are established in Spain. However, the Company cannot be held liable in any way for failure to comply with the obligations incumbent upon them, and in particular in the context of the fight against the black economy.

Therefore, the Company cannot be held liable for false, misleading or deceptive information communicated to it by the Freelancer.

Furthermore, the Company reserves the right not to transmit to Freelancers messages from Clients if they do not respect the conditions of use of the Website.

In any case, BLUEQUO may act as mediator in disputes between Freelancers and Clients, as set out in these GTCU.

Q. What is the responsibility of Users, Clients and Freelancers?

This undertaking takes precedence over all other provisions of this Agreement and provides for full liability in respect of any action, omission, willful act or delay in acting on this Agreement, the Services, the Website or any purchase (or any part thereof); or as the case may be in connection with this Agreement or the entry into force of this Agreement.

The User is solely responsible for any direct or indirect damage it may cause as a result of inaccurate, incomplete and / or misleading information that it may provide at the time of registration or failure to update this information, being at its own expense the consequences that may arise.

The User acknowledges and agrees that any notices under these Terms and Conditions, can be made through the contact email address you provided when you created a profile on the Site.

The Client is solely responsible for the description of the Project bid for which it requests a price proposal from the Freelancer. In the event of an error in the description of the Project offer, the Client alone shall assume the necessary additional services and additional costs related thereto, by formalizing with the Freelancer an additional Project through the Site.

The User is solely responsible for the conclusion and execution of contracts relating to a Project that he/she enters into with another User through the Site. The Company will only intervene to put them in contact. The conclusion and execution of these contracts, which directly involve a Freelancer and a Client, are carried out on the initiative and under the sole responsibility of the latter.

The Freelancer acknowledges that the tools and technical means made available by the Company do not release him/her from his/her responsibility for the legal, tax and Social Security obligations incumbent upon him/her. In particular, he acknowledges that he maintains full responsibility for his legal and tax obligations in relation to the issuance of original invoices and / or original corrective invoices issued in his name and on behalf of the Company. In particular, he/she acknowledges that he/she maintains his/her declaration and payment obligations in accordance with the tax and Social Security regulations and with the Invoicing Mandate.

The User warrants that all information provided during registration and contained in his Account during the execution of this Agreement is true, complete and accurate, and that he will inform us of any changes to such information immediately by updating his account details.

You are responsible for ensuring that all objects, information or products available on the Website conform to your own requirements.

Use of the Services and the Website does not include the provision of a computer or the equipment necessary to access them. To use the Services or the Website you need an Internet connection and appropriate telecommunications links. We are not responsible for any telephone, telecommunications or other costs incurred by the User.

R. What other commitments do I undertake as a User of the Website?

The User agrees to access and use the Site and the Services in accordance with applicable laws and these GTCU.

In this regard, the User acknowledges that, for the sole purpose of verifying compliance with these GTCU and applicable laws, the Company may inspect any content posted or exchanged on the Site.

Likewise, the User acknowledges that the Company may intervene to moderate the content posted, if it does not respect the laws and regulations in force, as well as the obligations of the Users under these GTCU.

The User undertakes to make all declarations and formalities necessary for the development of its activity and to comply with all its legal, labor and Social Security, administrative and tax obligations, as well as all specific obligations incumbent upon it in accordance with Spanish law and / or the foreign law on which it depends, within the framework of its activity and within the framework of the use of the Services.

In the event of a request by the Company, the User undertakes to provide the Company without delay with proof that he/she complies with the conditions set out in these GTCU.

The User is solely responsible for compliance with the aforementioned formalities. The Company shall not be held responsible for any non-compliance on the part of the Users.

Users undertake to make good use of the Site, and in particular not to breach the rules of the Site and its Services.

Similarly, any User shall refrain from any extraction of the content of the Site for a similar or concurrent activity, or for recruitment purposes.

The Client undertakes to make a serious and sufficiently detailed offer to the Freelancer(s) with whom he/she is in contact through the Site, in order to obtain a fee proposal from them (hereinafter, the Mission Contract).

To this end, the Client undertakes to provide the Freelancer(s) with the utmost precision with all the information necessary for the description of the Project offer to be as accurate as possible and not to mislead the Freelancer(s).

The Client also undertakes not to use the Services and the Site to promote its business or that of a third party. In particular, he/she undertakes not to make advertising communications to the Users of the Site or to make door-to-door sales.

The Client agrees not to request the cancellation of its electronic money payment to its financial institution during the course of the Project.

Similarly, the Client acknowledges that the validation of the Project through the Site is equivalent to the receipt of the Project and is irrevocably payable to the Freelancer. Through this validation, the Client declares that the Project is completed and compliant, and definitively waives its right to claim against the Company for such payment.

In the event that the Client has not validated the Project once it has reached completion, and without response to reminders made by the Freelancer or the Company, the Client acknowledges that the Company may have the right to release the secured funds for the benefit of the Freelancer, in the month following the unanswered notification sent to the user’s email account.

The Freelancer undertakes to maintain strict confidentiality regarding the exchanges he/she has had with the Clients and the information he/she has received or has become aware of when communicating with them through the Site (with or without a Project). Users agree not to share with others or through social networks any exchange or excerpt of conversation they have had through the Site.

Freelancer agrees to provide services and perform tasks through the Site only on its own behalf. Therefore, the Freelancer will not subcontract all or part of the task to a third party. In case the Freelancer carries out his activities other than under a single unitary company, only the manager, president or shareholder of the company, as a natural person may invoice. You agree to create a profile on the Site and to carry out the Task itself.

S. What uses of the Services and the Website are prohibited?

The following uses of the Website and the Services are expressly prohibited, and the User agrees not to do and to prevent anyone else from doing the following:

– Resell the Services or the Website.

– Provide false data including false names, addresses and contact details and fraudulently use the Website.

– Attempt to circumvent our security or network, including accessing data not intended for you, accessing a server or Account for which you are not expressly authorized access, or testing security or other networks (for example, by running a port scan).

– Access the Services (or the Website) as if committing or about to commit an act that places or may place an unreasonable or disproportionately large load on our infrastructure, or otherwise disrupts or interferes with its functionality, efficiency or operation.

– Execute any form of network monitoring that intercepts data not intended for the User.

– Send unsolicited mail, including “junk mail” or other advertising material to individuals who do not specifically request such material. You are expressly prohibited from sending unsolicited bulk e-mail messages.

– Initiate fraudulent interactions with us or another User, including voluntarily initiating interactions or transactions on behalf of a third party, where the User does not have permission to bind that third party, or the User pretends to be that third party.

– Use the Services or the Website (or any relevant feature of either) in violation of this Agreement.

– Use in an unauthorized manner, or falsify, email header information.

– Or engage in any illegal or criminal activity in connection with the use of the Services and/or the Website.

T. What is BLUEQUO’s Privacy Policy?

In this part of the Agreement we inform you how BLUEQUO treats and protects the personal data of the Users of the services of its Website. 

The service offered through the Website, in terms of unregistered access to its website and through its mobile and device applications, whether operated by BLUEQUO or on its behalf, does NOT necessarily entail the processing of personal data (“Personal Data”) of the User; data that, normally, will be limited to the use of the IP address of the User’s computer, exclusively for technical purposes of communications essential for the service offered, unless other personal data is explicitly collected from the User in any of the services offered and unless specifically indicated. These IP addresses are not used individually except to operate the platform and to manage the security and quality of the same.

Therefore, the User freely visits the information on the Website based on his or her sole decision to browse it, and it is not necessary to register for this purpose.

In the cases in which some personal data is requested for the registration in any of its forms, the User will be able to freely give them or not. When processing user data, BLUEQUO will scrupulously respect the fundamental right of the user regarding the processing of their personal data, and, strict compliance with current regulations:

– Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (“GDPR”).

– The Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”).

These stipulations of treatment and protection of personal data cover the use of the Platform by visitors and Users, being of subsidiary application of any others that on the same matter are established with specific character for specific treatments and are communicated to the interested party without limiting character through the registration forms, communication and consultation channels, and as many points of contact take place, being the present stipulations as complementary to those of specific character in that which does not contradict.

Therefore, non-registered users of the Platform do so on a completely voluntary basis.

The purpose of treatment is to provide the services of the Platform, consisting of information services on demand of the user, as well as providing channels of intercommunication.

From this page you can consult all the aspects that are of interest to you. For more details, here are the basic and detailed information on the processing carried out when you register on the Website:

– The Data Controller is BLUEQUO.

– The purposes of the processing are to allow you access to the full content of the Website, including the possibility of offering professional services (Freelances) or contacting them for the purpose of requesting the execution of Projects (Clients). Also, contact data will be used to send newsletters, newsletters, notices of service offerings, etc.

– The legitimate basis for the processing is the consent of the User, as well as the legitimate interest of the owner of the platform.

– No communication of data to third parties or transfer of data to other entities will be made, except in cases where necessary for the proper functioning of the platform or in cases expressly provided by law, such as, but not limited to, requirements of the Treasury, Forces and State Security Forces, Courts and Tribunals, etc.

– The necessary and relevant data will be provided to service providers who help us to fulfill our commitments, assuring you in any case that the appropriate contract for the processing of personal data will be signed with them, in which the recipients of your data will be obliged to assume the legal obligations and our commitments to you regarding the protection of personal data. In any case, transfers to third countries or international organizations that do not offer adequate guarantees do not and will not occur.

– You have the right to access, rectify and delete data, as well as other rights, as explained in the information common to the processing carried out by BLUEQUO.

– The data will be kept for as long as there is a relationship between the User and BLUEQUO. Once the account is cancelled, the data will be blocked and, at the end of the legally required period, will be deleted.

– The advertising treatment can be canceled by the User at any time.

– Generally, the data will come from the User. However, additional User data may be generated as a result of interaction with other BLUEQUO Users, as well as as a result of the use of the rating system.

– You can consult the detailed information on Data Protection below and the information common to the processing carried out by BLUEQUO.

– If you have any doubts or questions about this Privacy Policy you can contact our Data Protection Officer at the e-mail address [*] and at the postal address: [*].

Remember that you can always file a complaint with the Data Protection Authority: www.aepd.es.

The data processing procedures for the use of the BLUEQUO platform and any other interaction with the Company are further explained in BLUEQUO’s Data Protection Policy.

U. What about Cookies?

This Website uses Cookies to improve and optimize the User’s experience. Below, you will find detailed information on what “Cookies” are, what type this Website uses, how you can disable them in your browser and how to specifically block the installation of third-party Cookies.

Cookies are files that the Website or the application you use installs in your browser or on your device (smartphone, tablet or connected TV) during your visit to the pages or application and serve to store information about your visit. Like most sites on the Internet, the BLUEQUO site uses Cookies to:

– Ensure that the web pages can function correctly.

– To store your preferences: selected language, font size, etc.

– Know your browsing experience.

– Collect anonymous statistical information, such as which pages you have viewed or how long you have been on our media.

The use of Cookies allows us to optimize your navigation, adapting the information and services offered to your interests, to provide you with a better experience whenever you visit us.

BLUEQUO uses Cookies to function, adapt and facilitate the User’s navigation to the maximum.

Cookies are only associated with an anonymous user and your computer/device and do not provide references that allow us to know personal data. At any time you can access your browser settings to modify and / or block the installation of cookies sent by the BLUEQUO website, without preventing access to content. However, the quality of the functioning of the Services may be affected.

Users who complete the registration process or have logged in with their access data will be able to access personalized services tailored to their preferences according to the personal information provided at the time of registration and stored in the Cookie of their browser.

BLUEQUO’s email-marketing tools use small images invisible to users that are included in emails. This technology allows us to know if an email has been read or not, on what date, the IP address from which it has been consulted, etc. With this information, we perform statistical and analytical studies on sending and receiving emails to improve the supply of services subscribed by the user and provide information of interest to you.

Cookies are important for these reasons:

– From a technical point of view, they allow websites to work more agile and adapted to user preferences, such as storing the language, the currency of the country or detecting the access device.

– They establish levels of protection and security that prevent or hinder cyber-attacks against the website or its users.

– They allow the managers of the media to know statistical data collected in the Cookies to improve the quality and experience of their services.

– They serve to optimize the advertising we show to users, offering the one that best suits their interests.

Having explained what Cookies are and their importance, we want to know what types of Cookies there are:

– Session Cookies, which expire when the User leaves the page or closes the browser, i.e., they are active for the duration of the visit to the Website and are therefore deleted from our computer when the User leaves it.

– The permanent ones, which expire when the purpose for which they are used is fulfilled or when they are manually deleted, have a deletion date and are normally used in the online purchase process, personalization or registration, so as not to have to enter our password constantly.

On the other hand, depending on the entity that manages the equipment or domain from which the Cookies are sent and treats the data obtained, we can distinguish between first-party and third-party Cookies.

– Own Cookies, which are those Cookies that are sent to your computer and managed exclusively by us for the better functioning of the Website. The information we collect is used to improve the quality of our service and your user experience.

– If you interact with the content of our website, third-party cookies may also be set (for example, when you click on social media buttons), which are those set by a domain other than our website, and whose stored data we cannot access.

Browsing this Website implies that the following types of Cookies may be installed:

TYPES OF COOKIESDESCRIPTIONEXAMPLE OF USE
OfPerformanceThey are used to improve your browsing experience and optimize the operation of our website. They store service configurations so that you do not have to reconfigure them each time you visit us– Volume settings of video or sound players.- Optimal video transmission speeds.- Storing the purchase made in a “shopping cart” provided for e-commerce services.
Of GeolocationThey are used to store geolocation data from your computer or devices to provide you with more appropriate content and services.– Contents adjusted to country, city, language, etc..
Of Registration They are created when you register or when you log in to one of our websites.– Keep you authenticated even if you close your browser.- Ability to access certain areas of the Websites.
Analytical sThey are used to collect information about the browsing experience on our web sites. web portals in a completely anonymous way.– To count the number of visitors to the Web Site or the most viewed contents.- To know if the User accessing the Web Site is new or not.
Of advertisingThey are used to collect information about the advertisements shown to each anonymous user on our websites.– Adapt advertising to the type of device from which the user is connecting.- Provide advertisements managed through third parties, which are displayed on the Website in real time.

Some BLUEQUO services may use connectors with various social networks: Facebook, Twitter, Google+, Instagram, LinkedIn, etc. By using the social register, you authorize the social network to store a persistent Cookie. This Cookie remembers your identification on the service, making access much faster on subsequent visits. This Cookie can be deleted, and, in addition, you can override the access permissions of BLUEQUO services from the privacy settings of the specific social network.

Can I configure my Cookies?

Yes, by browsing and continuing on our website you will be consenting to the use of Cookies under the conditions contained in this Cookies Policy. BLUEQUO provides access to this Cookie Policy at the time of the registration in order that the user is informed, and without prejudice to the user’s right to block, delete and reject the use of Cookies at any time. In any case, we inform you that, since Cookies are not necessary for the use of our website, you can block or disable them by activating the settings of your browser, which allows you to reject the installation of all or some of the Cookies. Most browsers allow you to be warned of the presence of Cookies or to reject them automatically. If you reject them you will still be able to use our Web Site, although the use of some of its services may be limited and therefore your experience on our Web Site will be less satisfactory.

V. What are the conditions of Intellectual Property?

BLUEQUO grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Website subject to this Agreement and the additional terms and policies set forth by BLUEQUO. 

All intellectual and industrial property rights (including all copyrights, patents, trademarks, service marks, trade names, domain names, domain names, social network identifiers, designs, registered or unregistered) in the Website and the Services, materials, information and content on the Website or accessed as part of the Services, any databases operated by us, all Website design, text, graphics, software, photos, video, music, sound, data, all software compilations, especially source code and software (including applications and scripts), and all their selection, coordination, management and enhancement shall remain our (or our licensors’) property. You may not obtain or attempt to obtain ownership or title to any of these items. We reserve all rights.

Nothing reproduced in the preceding paragraph may be reproduced, distributed, copied, modified, published, downloaded, displayed, posted, performed or transmitted, in whole or in part, in any form, and in no way sold, rented, resold, licensed, sublicensed, used to create derivative works, or otherwise exploited without the prior written consent of BLUEQUO or the rights holder, except as otherwise expressly provided by applicable law. 

You may, however, retrieve and reproduce content from the Web Site on a computer screen, or save such content in electronic form (but not on a server or other storage device connected to a network).

You may not reproduce, modify, copy, distribute, display, perform or otherwise use for commercial purposes any of the materials, information or content on the Web Site without our permission. If the law permits the downloading, copying, redistribution, retransmission or publication of copyrighted material, you will make separate attribution and/or make no changes to or delete any copyright attribution, trademark legend or copyright notice. 

By agreeing to this Agreement you acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in copyright or trademark infringement, which may be subject to civil and/or criminal penalties. In addition, you must not engage in any use that exceeds or violates this Agreement.

“BLUEQUO”, the BLUEQUO logos and variations thereof found on the Website are trademarks owned by BLUEQUO and any use of those marks is for the benefit of BLUEQUO. You may not use BLUEQUO’s names, logos, trademarks or brands without the express permission of BLUEQUO.

Title, ownership rights and intellectual property rights in and to the content accessed using the Website and the Services are owned by the applicable content owner or the Employer, and may be protected by intellectual property rights, industrial or other law. This Agreement does not provide you with any rights to such content other than the licenses granted in connection therewith.

BLUEQUO owns registered and unregistered trademarks in various countries and “BLUEQUO”, the BLUEQUO logos and variations thereof found on the Website are trademarks owned by BLUEQUO or related entities and any use in connection with such marks is for the benefit of BLUEQUO.

Any User posting Content on the Site retains full ownership of all material posted.

By creating a profile or leaving recommendations on profiles, the User expressly authorizes the Company to use, disseminate, host, store, reproduce, reproduce, communicate, publish, publish, modify, adapt, translate and display such Public Content on the Site, social networks, blogs operated by the latter and/or any other support (including physical and digital support, press release, press alert and press kit, commercial support, promotional and/or advertising material) operation, improvement, promotion, marketing, marketing, advertising of the Services and the Site, or for the establishment of partnerships. This authorization is valid worldwide and for the duration of the User’s registration.

The User acknowledges that any use of his or her Content by the Company prior to the termination or cancellation of his or her account cannot be challenged.

W. What should I know about hyperlinks?

The User is authorized to create one or more hypertext links leading, for example, to the home page of the Site or to his/her profile page if he/she is a Freelancer.

Users shall not create links from sites that do not comply with current legislation or that may harm the interests, reputation and/or image of the Website and the Company.

In any case, the Company reserves the right to withdraw this authorization at any time if it considers that the link established with the Site may harm its interests, reputation and / or image.

Under no circumstances does the existence of a hypertext link from a third party site to the Site imply cooperation and/or association between the Site and the third party site. The Company exercises no control over third party sites and therefore assumes no responsibility for the content and products and / or services available on or from these third party sites with a hypertext link to the Site.

Where the Site contains links to third party sites and resources provided by third parties (collectively, “Other Sites”), those Other Sites are only linked to provide information and only for your convenience. We do not control, do not accept and assume no responsibility for Other Sites or the content or products on Other Sites (including social networking sites such as Facebook) and accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any Third Party Site linked to the Website, you do so entirely at your own risk.

X. Notice Period

There is a notice period to be respected by both parties, which corresponds to 15 days if the duration of the contract is less than 3 months and 30 days if the duration of the contract is more than 3 months.

Y. What else should I know?

Notifications: Except as otherwise provided in this Agreement, notices to be given to either party shall be by email (unless you are sending us notice in a legal proceeding) or by postal mail, if applicable at the address you provide to us, and in our case at our registered office.

Exclusion of Third Party Rights: By accepting this Agreement you acknowledge that BLUEQUO is bound by this Agreement for your own benefit, but also as a representative of and for the benefit and on behalf of BLUEQUO and the third party suppliers and licensors (the “Third Party Owners”), and each shall be entitled to claim and enforce such provisions directly or on its own behalf (as if each of them were a party to this Agreement). Subject to the preceding sentence, no term of this Agreement may be otherwise enforced by any person who is not a party to this Agreement.

Severability: If any provision of this Agreement shall be deemed unlawful, invalid or unenforceable, that provision shall be deemed severable and if possible shall not affect the validity and enforceability of the remainder of this Agreement.

Governing Law: We will use our best efforts to resolve any dispute about this Agreement. Otherwise, this Agreement (as well as any relationship between us) will be subject to the laws in force in Spain from time to time. The Courts of Madrid (Spain) will be applicable, with express waiver of any other.

Modification of the General Terms and Conditions: BLUEQUO reserves the right to modify, at any time, and without notice, all or part of these GCU. In this case, we will inform the User of the changes made as soon as they are published on the Website. In the event that as a User you have not notified your disagreement within 24 hours of notification of the change, you will be deemed to have accepted the modifications.

Thank you very much for trusting BLUEQUO!

MANGOPAY PAYMENT SERVICES FRAMEWORK AGREEMENT

General Terms and Conditions of Use for Payment Services

Version as of 1 September 2021

Concluded between:

The customer, whether a legal person or a natural person registered with the Commercial and Companies Registry (or with the national trade register or any equivalent professional body) in a Member State of the European Union or in a State party to the European Economic Area or in a third country imposing equivalent obligations regarding the fight against money laundering and the financing of terrorism, acting on its behalf exclusively for professional purposes (commercial, industrial, craft or freelance professions),

hereinafter referred to as the “Account Holder” or “Professional Account Holder”,

or

The customer, a natural person residing in a Member State of the European Union or in a State party to the European Economic Area or in a third country imposing equivalent obligations regarding the fight against money laundering and the financing of terrorism, acting on its behalf exclusively for non-professional purposes,

hereinafter referred to as the “Account Holder” or “Consumer Account Holder”, on the one hand,

and

MANGOPAY SA, a limited liability company under Luxembourg law, having its registered office at 2, Avenue Amélie, L-1125 Luxembourg and registered with the Luxembourg Commerce and Companies Registry under number B173459 (the amount of the share capital can be can be consulted here : https://www.mangopay.com/legal-notice/), authorised to carry out business within the European Economic Area, as an electronic money institution approved by the Commission de Surveillance du Secteur Financier, 283 route d’Arlon L-1150 Luxembourg, www.cssf.lu,

hereinafter referred to as the “Service Provider”, on the other hand,

hereinafter referred to separately as a “Party” or together as the “Parties”.

Disclaimer
The Account Holder is invited to carefully read this Framework Agreement communicated to them by the Platform before accepting it. The Account Holder is invited to download it on a Durable Medium. By default, communications with the Service Provider are always carried out via the Platform, in accordance with the terms and conditions set out in the General Terms and Conditions of the Website, except where a separate mode of communication is provided for in the Agreement.

1. Definitions

For the purposes hereof, the following terms are defined as follows:

“Authentication” means the procedures defined by the Platform to verify the identity of the Account Holder or the validity of a Payment Order. These procedures include the use of Identification Data.

“Banks” means the credit institutions in charge of protecting the funds collected by the Service Provider on behalf of the Account Holder. These funds are recorded in its records in an escrow account opened for this purpose with an institution designated by the Service Provider. The Service Provider reserves the right to select any other approved credit institution.

“Beneficiary” means a legal or natural person who is a creditor of a Payment Transaction issued by the Account Holder.

“Card” means the bank, charge or credit card used to transfer funds to a named Account Holder on their Payment Account opened in the Service Provider’s records. This card is attached to one of the following card networks: Visa, MasterCard or CB.

“Payment Account“ or “Account” means the Payment Account operated by the Service Provider in the name of the Account Holder and used for the purpose of implementing payment transactions. In no case shall the Account be treated as a deposit account. The Account is denominated in the currency indicated on the Website upon registering.

“General Terms and Conditions of the Website” means the general terms and conditions of use of the Website concluded between the users of the Website and the Platform, governing, in particular, access to the Website.

“Framework Agreement” means these General Terms and Conditions of Use for Payment Services, together with the Subscription Form, governing the use of the Payment Services and the management of the Payment Account by the Service Provider.

“Identification Data” means the Account Holder’s unique identifier and password enabling them to access their Personal Space.

“Personal Data” means any information relating to the Account Holder as a natural person, or to a natural person related to the Account Holder as a legal person (in particular, a designated company representative, a beneficial owner, an Authorised Person), within the meaning of European Regulation 2016/679 on the protection of personal data.

“Personal Space” means the Account Holder’s dedicated environment, accessible on the Platform Website, enabling them to access their Payment Account and use the Payment Services.

“Subscription Form” means the form to be completed by any prospective customer wishing to subscribe to the Payment Services, accessible on the Website upon registration or made available by the Platform.

“Business Day” means a calendar day except Saturdays, Sundays and public holidays in mainland France and Luxembourg, and any other day designated as such by the Service Provider.

“Payment Method” means the payment method other than the Card, listed on the Website, the acquisition of which is offered by the Service Provider as an option. The Account Holder activates the Payment Method of their choice from their Personal Space.

“Payment Transaction” means a periodic or one-off transfer, ordered by the Account Holder, or by any authorised representative, debiting the Payment Account.

“Payment Order” means the instruction given by the Account Holder to the Service Provider in accordance with the procedure set out in the Framework Agreement to carry out a Payment Transaction.

“Payment Page” means the page secured by the Service Provider’s electronic payment service provider.

“Data Subject” means the Account Holder as a natural person or any natural person related to the Account Holder (in particular, a designated company representative, a beneficial owner, an Authorised Person) whose Personal Data is processed in the context of the implementation of this Framework Agreement.

“Authorised Person” means any agent appointed by the Account Holder to access the Payment Account and use the Payment Services on its behalf.

“Platform” means the entity, whose contact details are indicated in the General Terms and Conditions of the Website, that operates the Website. It prepares, facilitates and advises prospective customers with a view to the conclusion of the Framework Agreement via its Website. It assists Account Holders throughout their relationship with the Service Provider in carrying out their Payment Transactions. It collects the documents required to open the Account. The Platform does not collect funds except its fees..

“Service Provider” means MANGOPAY SA, an issuer of Electronic Money approved in Luxembourg by the Commission de Surveillance du Secteur Financier under reference No. 3812 and authorised to carry out its activity in all member countries of the European Union. The Service Provider is included in the list of electronic money institutions available at https://searchentities.apps.cssf.lu/search- entities/search?language=fr#Home.

“Third-Party Payment Service Provider” or “Third-Party PSP” means any institution, other than the Service Provider, authorised in a country that is a member of the European Union or a party to the European Economic Area or in a third country imposing equivalent obligations regarding the fight against money laundering and the financing of terrorism.

“Platform’s Customer Service Department” means the service whose contact details are stated on the Website, from which the Account Holder may obtain information relating to the Framework Agreement.

“Payment Services” means the payment services defined in points 3 and 5 of the Appendix to the Luxembourg Law of 10 November 2009 relating to payment services.

“Website” means the website operated by the Platform, the purpose of which is to sell goods or services to Users or to collect funds from them, or to put Account Holders in contact with Users.

“Durable Medium” means any instrument that enables the Account Holder to store information addressed personally to the Account Holder in order to be able to refer to it at a later date for a period of time appropriate to the purpose for which the information is intended and that enables the identical reproduction of the stored information. This is usually in the form of a PDF file.

“Account Holder” means any legal person or natural person acting on its own behalf and in whose name a Payment Account is opened to use the Payment Services.

“User” means any legal person or natural person who has transferred funds to an Account Holder through the Website using their Card or any other Payment Method accepted by the Service Provider to transfer funds.

2. Purpose

The purpose of the Framework Agreement is to define the conditions under which the Service Provider provides Payment Services to the Account Holder..

These Payment Services include:

  • the opening and management of Payment Accounts,
  • crediting the Payment Account: the registration of funds transferred by Cards or by any other Payment Method accepted by the Service Provider; the receipt of transfers.
  • debiting the Payment Account: the implementation of one-off or recurring Transfer Transactions, the charging of fees due hereunder, the reversal of transfers of funds by Cards (or by any other Payment Method).

The Account shall not be subject to any overdraft, advance, credit or discount. The Service Provider does not offer a currency exchange service.

The Service Provider has authorised the Platform to facilitate the conclusion of this Agreement with each Account Holder and to support them throughout their relationship with the Service Provider.

3. Subscribing to the Services

3.1. Subscription Terms and Conditions

The Framework Agreement is concluded remotely, according to the terms and conditions provided by the Platform in the General Terms and Conditions of the Website. In order to be able to conclude the Framework Agreement online, the applicant must have access to equipment (hardware and software), for which it is solely responsible.

By default, acceptance of the Framework Agreement is carried out remotely via the Website and is confirmed by an electronic signature. The applicant may request to sign the Agreement by hand. To this end, the Applicant must print this Agreement, sign it, and return it electronically or by post to the Platform’s Customer Service Department, the contact details of which are indicated in the General Terms and Conditions of the Website.

In case of a handwritten signature, the date of conclusion of the Framework Agreement is deemed to be the date indicated on it, and in the absence of a date, it will be deemed to be the date of receipt of the Framework Agreement by the Platform.

The electronic signature of the Framework Agreement is carried out via the Website. The date of conclusion of the Framework Agreement corresponds to the date on which the applicant completes the electronic signature process indicated on the Website.

The Framework Agreement concluded between the Parties by electronic means shall have the same probative value as a paper Framework Agreement.

3.2. Contractual Documents

The Framework Agreement is composed of:

  • these General Terms and Conditions of Use for Payment Services,
  • the Subscription Form available on the Website,

These General Terms and Conditions of Use for Payment Services are made available to the Account Holder on the Website and can be downloaded on a Durable Medium. At any time during the contractual relationship, the Account Holder may, upon request, receive these documents in paper form.

4. Opening an Account

4.1. Necessary Conditions and Prerequisites for Opening an Account

Any natural person aged at least eighteen (18) years who is legally capable, and any legal person, resident and/or registered in a Member State of the European Union or in a State party to the Agreement on the European Economic Area or in a third country imposing equivalent obligations regarding the fight against money laundering and the financing of terrorism, may submit an application to open an Account provided that the natural person is listed on the Website as a consumer or as a professional. A legal person can only be listed as a professional.

Upon submission of the Account Holder’s application for registration to the Platform and throughout the duration of the Framework Agreement, the Account Holder declares:

  • that they are at least eighteen (18) years of age and legally capable, or that they are duly constituted as a company,
  • that they are acting on their own behalf;
  • that all the information provided at the time of registration is true, accurate and up to date.
4.2. Registration and Account Opening Procedure
4.2.1. Information and Supporting Documents

Prospective Customers shall provide the Platform with the information and documents listed below, using the Application Form, if the said information and documents are not already in the Platform’s possession.

The prospective customer undertakes to transmit the information and documents corresponding to its capacity, either as a professional or as a consumer.

For a Consumer Account Holder as a natural person:

  • their surname, first name, email address, date and place of birth, nationality and country of residence.
  • a copy of a valid official identity document of the Account Holder (e.g., identity card, driving licence and, for non-EU nationals, a passport).

For a Professional Account Holder:

  • for natural persons:
    • their surname, first name, email address, date of birth, nationality and country of residence.
    • an original or a copy of an extract from the official register, dated less than three (3) months ago, establishing the registration as a trader or in the national register of trades or any other professional body to which the Account Holder belongs.
    • a copy of a valid official identity document of the Account Holder (e.g., identity card, driving licence and, for non-EU nationals, a passport).
  • for legal persons:
    • their name, type of organisation, capital, the address of their registered office, the description of their activity, the identity of the partners and corporate managers, as well as the list of beneficial owners as defined by the regulations,
    • a Kbis extract (Certificate of Incorporation) or an equivalent document less than three (3) months old justifying its registration with the Commercial and Companies Registry of a Member State of the European Union or of a State party to the Agreement on the European Economic Area or of a third country imposing equivalent obligations regarding the fight against money laundering and the financing of terrorism, and its articles of association. This document must state the name, legal status, address of the registered office and the identity of the partners and corporate managers mentioned in Section 1 and Section 2 of Article R.123-54 of the French Commercial Code or their equivalents in foreign law.
    • a copy of the articles of association and any decisions appointing the certified legal representative;a copy of the identity card or passport of the legal representative and, if applicable, of the beneficial owner(s).
    • The declaration of the beneficial owners of the legal person holding more than 25%, if the prospective customer has not declared their beneficial owners in the national register, or if they are not subject to this obligation.

The Account Holder may also be asked to provide a bank statement for an account opened in their name with a Third-Party PSP.

It is expressly provided that the Service Provider reserves the right to request, prior to any registration and at any time during the duration of the Framework Agreement, additional documents concerning the Account Holder, the beneficial owner or a specific Payment Transaction.

4.2.2. Payment Account Limitation

At the discretion of the Service Provider, the use of a Payment Account may be limited without the Service Provider needing to justify its decision to the Account Holder concerned. In particular, the operation of the Payment Account will be limited if the Account Holder has not transmitted all the information and documents required by the Service Provider, as listed above. These limits are indicated to the Account Holder by the Platform.

4.2.3. Finalisation of the Registration Process

After concluding the Framework Agreement, the Account Holder must provide all the information and supporting documents requested by the Platform. By agreeing to the terms of the Framework Agreement, the Account Holder agrees that the Platform may forward to the Service Provider its application for registration as an Account Holder and all supporting documents received by it.

Only the Service Provider can accept the registration of a prospective customer as a Payment Account Holder on behalf of the prospective customer. This agreement will be notified to the Account Holder by the Platform by any means in accordance with the terms and conditions set out on the Website.

The Service Provider may, without giving any reason or entitlement to compensation in favour of the Account Holder, refuse an application to open an Account. This refusal will be notified to the Holder by the Platform by any means in accordance with the terms and conditions set out on the Website.

5. Payment Account Operation

The amounts credited to the Payment Account result from funds transferred by Card (or by any other

Payment Method accepted by the Service Provider), or from the receipt of a transfer. The amounts debited to the Payment Account result from: the implementation of a Payment Order to an account opened in the records of a Third-Party Payment Service Provider, the debiting by the Provider of the fees owed by the Account Holder under the Framework Agreement, or the reversal of a transaction by Card (or by any other Payment Method).

5.1. Acquiring Payment Orders by Cards on the Payment Account

The Payment Account may be funded by Card (or any other Payment Method accepted by the Service Provider), in one or more instalments. When the User wishes to carry out such an operation, they must identify themselves on the Website by indicating their User identifier (valid email address) and password or by logging in via their Facebook account. The order for the transfer of funds is entered on a dedicated Payment Page. For any payment, the User may be asked to enter a single-use code notified on their mobile phone to the institution issuing the Card. If necessary, it is the Service Provider’s responsibility to refuse any payment at its own discretion and without this decision giving rise to any compensation whatsoever. The funds transfer transaction is carried out by the institution issuing the Card. Any dispute of such a transfer must be notified to the aforementioned institution. The Service Provider is not entitled to cancel such a transfer.

The Cardholder is informed that the acceptance of a Card payment order by the Service Provider does not guarantee the receipt of the corresponding funds by the Account Holder on their Account. The registration of funds on the Account Holder’s Payment Account is subject to actual receipt by the Service Provider of the funds.

In the absence of receipt of funds for technical reasons, the Service Provider shall use its best efforts to rectify the transaction. If the funds are not received for any other reason, the Service Provider shall inform the Account Holder as soon as possible of its inability to credit its Account with the expected amount, so that the Account Holder may contact the User.

In the event that the transfer of funds from the Account Holder’s Account is cancelled by the Card issuer following a dispute by the User, the Account Holder agrees that the Service Provider may reverse any Card funds transfer transaction by debiting the corresponding amount from the Payment Account. The Cardholder acknowledges that such a dispute may, in particular, be brought to the attention of the Card issuer until the expiry of a maximum period of thirteen (13) months following the date of debit of the account with which the Card is associated. In the absence of sufficient funds in the Account in order to carry out such a reversal, the Service Provider may suspend or cancel any Payment Transaction initiated by the Account Holder or an agent, or, where applicable, assume the rights of the Account Holder and proceed to recover the amounts due by the User by any means.

5.2. Receipt of Transfer to the Payment Account

The Account Holder authorises the Service Provider to receive on its Payment Account SEPA credit transfer transactions in euros from a bank or payment account opened in the records of a Third-Party PSP.

The funds are credited to their Payment Account by the Service Provider as soon as possible following their actual receipt by the Service Provider.

Once the funds have been paid to the Account Holder’s Payment Account, the Service Provider provides the Account Holder with a summary of the received transfer transaction, including the following information: the reference of the payment transaction, a reference to identify the payer, the amount of the transaction, and the credit’s value date.

5.3. Implementation of a Transfer Transaction Debiting the Payment Account

The Account Holder may transmit SEPA or international Transfer Orders to a Beneficiary’s account held by a Third-Party PSP.

When the Account Holder wishes to carry out a Transfer Transaction, the Account Holder identifies themself in their Personal Space by indicating their Identification Data and, where applicable, by following the Authentication procedure indicated. It indicates on the Payment Page: the amount of the Payment Transaction, the currency, the Payment Account to be debited, the implementation date of the Order and any other required information. In the absence of any indication of date, the Transfer Order is deemed to be immediate. The Account Holder must also follow the Authentication procedure specified by the Provider.

The Account Holder may at any time send a request to implement a Transfer Order to a Beneficiary designated by it who has a bank or payment account with a Third-Party Payment Service Provider. The Account Holder must provide the reason for each transfer and comply with the Authentication procedure indicated by the Service Provider.

The Account Holder gives irrevocable consent to the Payment Order by clicking on the “Validation” tab (“Date of Receipt”). The receipt of the Payment Order is confirmed on the Account Holder’s Personal Space. The Account Holder may not withdraw any Order after the date on which it is deemed to be irrevocable, i.e., from the Date of Receipt.

Before transmitting a Transfer Order, the Account Holder (or the Platform acting on its behalf) must ensure that it has sufficient funds available in its Account to cover the amount of the Payment Transaction. Where applicable, the Account Holder shall credit its Account before the Order can be validly transmitted to the Service Provider for implementation.

It is hereby expressly agreed that Payment Orders will be executed no later than the end of the Business Day following the Date of Receipt of the Order by the Service Provider (and on the agreed implementation date for deferred or standing order transfers). Any payment order received after 4 p.m. by the Service Provider is deemed to have been received on the next Business Day. If the Date of Receipt is not a Business Day, the Payment Order is deemed to have been received on the next Business Day.

For each Transfer Transaction, the Account Holder may request the Service Provider to provide information on a Durable Medium relating to the maximum implementation period for that specific transaction, the fees to be paid by the Account Holder and, where applicable, the details of such fees.

The Service Provider may refuse to implement an incomplete or erroneous Transfer Order. The Account Holder shall re-issue the Order to ensure its compliance. The Service Provider may, in addition, block a Transfer Order in the event of serious suspicion of fraudulent use of the Account, unauthorised use of the Account, breach of the security of the Account, in the event of an asset-freezing measure by an administrative authority or for any other reason.

In the event of a refusal to implement a Transfer Order or the blocking of a Transfer Order, the Service Provider shall inform the Account Holder by any means. If possible, the Service Provider will indicate to the Account Holder the reasons for the refusal or blocking, unless prohibited by a relevant provision of national or European Union law.

5.4. Refund

The Holder may at any time send an instruction to cancel a funds transfer in order to refund a User. The Account Holder identifies themselves on the Website by indicating their identifier and password. The Account Holder indicates, in their Personal Space, the amount to be refunded, the currency, the User to be refunded and any other information required.

The refund transaction is implemented by the Service Provider by crediting the Card used by the User or by transfer according to the original payment method, within the limit of the available balance on the Account and within the rules of each network and the SEPA rules within five (5) Business Days following receipt by the Service Provider of the refund request.

6. Reporting

The Account Holder has, in their Personal Space, a statement of the payment transactions carried out on the Payment Account. The Account Holder is invited to read the list of these transactions carefully. Transaction records may also be made available to a Professional Account Holder at other intervals upon specific request.

It is specified that for each Transfer Transaction implemented by the Service Provider, the Account Holder will be provided with the following information: the reference number of the Transaction, the identification of the Beneficiary, the amount of the Transaction, the date of receipt of the Order and, where applicable, the fees relating to the implementation of this Transaction.

7. Payment Account Access and Confidentiality

The Payment Account is accessible online in the Personal Space, using Identification Data and in accordance with the requested Authentication procedure.

The Account Holder shall provide Identification Data for each Authorised Person. Each Authorised Person shall agree not to use the name or Identification Data of another person. The Account Holder shall be solely responsible for any use of their identifier.

Each Authorised Person is fully responsible for maintaining the confidentiality of their Identification Data. The Account Holder shall take all reasonable steps in order to maintain the confidentiality and security of its Identification Data.

The Account Holder (and each Authorised Person) agrees not to disclose their Identification Data to third parties.

8. Opposition

The Account Holder must inform the Platform of the loss or theft of their Identification Data, the misappropriation or any unauthorised use of their Personal Space or related data as soon as they become aware of it in order to request that it be blocked. This declaration must be made:

  • by telephone call to the Platform’s Customer Service Department at the number indicated in the General Terms and Conditions of the Website; or
  • directly by email via the contact form accessible on the Website.

The Service Provider, through the Platform, will immediately carry out the opposition request.

The Service Provider cannot be held responsible for the consequences of an opposition by fax or email that does not come from the Account Holder.

An opposition request is deemed to have been made on the date and time of the actual receipt of the request by the Platform. In the event of theft of the Identification Data or fraudulent use of the Personal Space, the Service Provider is entitled to request, via the Platform, a receipt or a copy of the complaint filed from the Account Holder, who undertakes to respond as soon as possible.

9. Blocking of the Payment Account

The Service Provider reserves the right to block the Payment Account for objectively justified reasons relating to the security of the Payment Account, the presumption of unauthorised or fraudulent use of the Payment Account or the significantly increased risk that the Account Holder will be unable to fulfil its obligation to pay the fees due under this Framework Agreement.

10. Disputing a Transaction

10.1. Provisions Common to All Account Holders

For any complaint relating to the Payment Transactions carried out by the Service Provider within the framework hereof, the Account Holder is invited to contact the Platform’s Customer Service Department or the address indicated for this purpose in the General Terms and Conditions of the Website.

If the Service Provider carries out an Order with errors due to the Service Provider’s fault, the dispute is forwarded to the Service Provider as soon as possible, the Order is cancelled and the Account is restored to the condition it was in before receipt of the Payment Order. Thereafter, the Order is properly represented.

10.2. Provisions Applicable to Professional Account Holders

A Professional Account Holder who wishes to dispute a Transfer Transaction that has not been authorised by it or has been incorrectly implemented must contact the Platform’s Customer Service Department by telephone as soon as possible after becoming aware of the anomaly and no later than eight (8) weeks after the transaction has been recorded in the account, and must forward the dispute to the Service Provider as soon as possible. Unless the Service Provider has good reason to suspect fraud on the part of the Account Holder, the Service Provider shall reimburse the Account Holder for the amount of the Transaction immediately upon receipt of the dispute request, and in any event no later than the end of the next Business Day. The Service Provider shall restore the Account to the state in which it would have been if the unauthorised Payment Transaction had not taken place.

In the event of loss or theft of the Identification Data, any unauthorised Transactions carried out prior to the notification of the opposition shall be borne by the Account Holder. Transactions carried out after the opposition are borne by the Service Provider except in the event of fraud by the Account Holder.

10.3. Provisions Applicable to Consumer Account Holders

A Consumer Account Holder who wishes to dispute a Transfer Transaction that has not been authorised by it or has been incorrectly implemented must contact the Platform’s Customer Service Department by telephone as soon as possible after becoming aware of the anomaly and no later than thirteen (13) months after the date of debit, and must forward the dispute to the Service Provider as soon as possible. Unless the Service Provider has good reason to suspect fraud on the part of the Account Holder, the Service Provider shall reimburse the Account Holder for the amount of the Transaction immediately upon receipt of the dispute request, and in any event no later than the end of the next Business Day. The Service Provider shall restore the Account to the state in which it would have been if the unauthorised Payment Transaction had not taken place.

In the event of a dispute, the burden of proof that the Transaction has been authenticated, duly recorded and accounted for, and that it has not been affected by a technical or other deficiency is the responsibility of the Service Provider.

In the event of an unauthorised payment transaction resulting from the loss or theft of the Identification Data, the Account Holder shall bear, prior to the notification of the objection, the losses related to the use of the Identification Data, up to a maximum of fifty (50) euros. Transactions carried out after the opposition are borne by the Service Provider except in the event of fraud by the Account Holder. However, the Account Holder shall not be held liable in the event of:

  • an unauthorised payment transaction carried out without the use of the Identification Data;
  • loss or theft of Identification Datathat cannot be detected by the Account Holder before payment;
  • loss due to acts or omissions of an employee, agent or branch of a PSP or of an entity to which its activities have been outsourced.

The Account Holder shall not be held responsible:

  • if the unauthorised Payment Transaction was carried out by misappropriating the Identification Datawithout the Account Holder’s knowledge;
  • in the event of counterfeiting of Identification Data, if, at the time of the unauthorised Payment Transaction, the Account Holder is in possession of such Data.

The Account Holder shall bear all losses caused by the unauthorised Transactions if such losses result from any fraudulent action on its part or if it has intentionally, through gross negligence, failed to comply with its obligations to maintain the security of its Identification Dataand to notify its opposition in the event of loss, theft or misappropriation of such Data.

11. Financial Conditions

All commissions owed by the Account Holder to the Platform are automatically deducted from the Payment Account by the Service Provider. The Account Holder authorises the Service Provider to compensate at any time, including after the Account has been closed, any definite, liquid and due claim that remains outstanding for any reason whatsoever. It may compensate the provision on the Payment Account against any amount due, payable and unpaid by the Account Holder to the Service Provider.

12. Duration and Termination

The Framework Agreement is concluded for an indefinite period. It comes into force upon its acceptance by the Account Holder.

The latter may, at any time and subject to thirty (30) calendar days’ prior notice, terminate the Framework Agreement. The Service Provider may terminate the Framework Agreement at any time, subject to two (2) months’ prior notice provided on a Durable Medium. In such a case, the regular fees for Payment Services will be payable by the Account Holder on a pro-rata basis for the period up to the date of termination.

To that end, each Party must send its notice of termination of this Agreement to the other Party, by registered letter with acknowledgement of receipt, to the postal and email address indicated in the General Terms and Conditions of the Website.

As a result, the entire Framework Agreement is terminated and the Payment Account is closed. Any credit on the Account will be transferred within thirteen (13) months to the Account Holder’s Bank Account following the deduction of the fees due and payable to the Service Provider.

In the event of serious breaches, fraud, or unpaid debts on the part of the Account Holder, the Service Provider reserves the right to suspend or terminate this Agreement by sending an email accompanied by a registered letter with acknowledgement of receipt without reason or prior notice.

It is intended that the Framework Agreement will be automatically terminated in the event of new circumstances affecting a Party’s ability to commit hereunder.

13. Amendment of the Agreement

The Service Provider reserves the right to amend the Framework Agreement at any time. Any draft amendment of the Framework Agreement is provided to the Account Holder by the Platform.

Any Account Holder may refuse the proposed amendments and must notify its refusal to the Platform’s Customer Service Department by registered letter with acknowledgement of receipt two (2) months before the date of entry into force of the proposed amendments (postmark recognised as affording proof) to the address indicated in the General Terms and Conditions of the Website.

If the Account Holder has not notified its refusal prior to the indicated date of entry into force, the Account Holder is deemed to have accepted the proposed amendments. Relations between the Parties after the date of entry into force will then be governed by the new version of the Framework Agreement.

In the event of refusal by the Account Holder, this refusal will give rise, free of charge, to the termination of the Framework Agreement, as well as the transfer of the balance of the Payment Account within thirteen

(13) months following the effective date of the termination in order to cover any future disputes.

Any legislative or regulatory provisions that would make it necessary to amend all or part of the Framework Agreement will be applicable as from their date of entry into force, without prior notice. However, the Account Holder will be informed.

14. Security

The Service Provider undertakes to provide its services in compliance with the applicable laws and regulations and best practices. In particular, the Service Provider will make every effort to ensure the security and confidentiality of the Account Holders’ data, in accordance with the regulations in force.

The Service Provider reserves the right to temporarily suspend access to the Online Account for technical, security or maintenance reasons without these operations giving the right to any compensation. It undertakes to limit this type of interruption to what is strictly necessary.

However, the Service Provider cannot be held liable to the Account Holder for any errors, omissions, interruptions or delays in operations carried out via the Website resulting from unauthorised access thereto. Furthermore, the Service Provider cannot be held liable for theft, destruction or unauthorised communication of data resulting from unauthorised access to the Website. In addition, the Service Provider is not involved in the legal relationship between the Account Holder and a User or between the Account Holder and the Website. The Service Provider cannot be held liable for the faults, shortcomings or negligence of a User and the Account Holder towards each other, or of the Website and the Account Holder towards each other.

If the unique identifier or any other information necessary for the implementation of a Payment Transaction provided by the Account Holder is inaccurate, the Service Provider shall not be liable for the improper implementation of such Service.

The Platform is solely responsible for the security and confidentiality of the data exchanged in the context of the use of the Website in accordance with the General Terms and Conditions of the Website, with the Service Provider being responsible for the security and confidentiality of the data that it exchanges with the Account Holder in the context of this Agreement in connection with the creation and management of its Account, as well as the Payment Transactions associated with the Account.

15. Limitation of the Service Provider’s Liability

The Service Provider shall not intervene in any way in the legal and commercial relations and any disputes arising between the Account Holder and the User or between the Account Holder and the Platform or between the Account Holder and a Beneficiary. The Service Provider has no control over the conformity, security, legality, characteristics and adequacy of the products and services that are the subject of a Payment Transaction.

Each transaction carried out by the Account Holder gives rise to an agreement, directly formed between the Account Holder and a User, in which the Service Provider is not involved. Consequently, the latter may not be held liable for the non-implementation or improper implementation of the obligations resulting therefrom, nor for any damage caused to the Account Holder.

Notwithstanding anything to the contrary in this Agreement, the Service Provider’s liability towards an Account Holder is limited to compensation for direct damages as provided for in the regulations.

16. Commitments of the Account Holder

The Account Holder guarantees that nothing in their Personal Space infringes the rights of third parties or is contrary to the law, public order or morality.

The Account Holder undertakes not to:

  • Implement the Framework Agreement in an unlawful manner or under conditions that may damage, disable, overburden or impair the Website;
  • Impersonate the identity of another person or entity, falsify or conceal their identity, age or create a false identity;
  • Distribute personal data or information relating to a third party, such as postal addresses, telephone numbers, email addresses, bank card numbers, etc. In the event of failure to comply with its obligations, the Service Provider may take all appropriate measures to cease the actions concerned. The Service Provider will also be entitled to suspend, delete and/or block the Account Holder’s access to their Account.
  • Without prejudice to any legal action taken by third parties, the Service Provider is entitled to take any legal action in its own right to compensate for any damage that it may have personally suffered as a result of the Account Holder’s failure to comply with its obligations under this Agreement.

If the Account Holder notices a breach of the above obligations, the Account Holder is invited to inform the Service Provider of such actions by contacting the Service Provider at: legal@mangopay.com.

17. Right of Withdrawal

17.1. Provisions Applicable to Consumer Account Holders

Under the terms of Article L222-7 of the French Consumer Code, a Consumer Account Holder has a right of withdrawal that can be exercised within a period of fourteen (14) days without having to provide any reason or incur any penalty. This withdrawal period begins either from the day of the conclusion of the Framework Agreement or from receipt of the contractual conditions and information, if the latter date is later than that of the conclusion of the Framework Agreement. The implementation of the Framework Agreement may only be initiated before the expiry of the withdrawal period with the consent of the Consumer Account Holder. The Consumer Account Holder acknowledges that the use of the Payment Services after the conclusion of the Framework Agreement will constitute an express request on its part to start the implementation of the Framework Agreement before the expiry of the above-mentioned deadline. The exercise of the right of withdrawal entails the termination of the Framework Agreement, which, in the event of initiation of implementation, consists of cancellation and does not call into question the services previously provided. In this case, the Consumer Account Holder will only be required to pay proportionally for the Services actually provided.

17.2. Exercising the Right of Withdrawal

The Account Holder must notify the Platform’s Customer Service Department by telephone or email within the specified period and send a confirmation letter to the address of the Platform’s Customer Service Department. For this purpose, they can use the withdrawal form provided by the Platform.

18. Rules Regarding the Fight against Money Laundering and the Financing of Terrorism

The Service Provider is subject to all Luxembourg and French regulations relating to the fight against money laundering and the financing of terrorism.

Pursuant to the provisions of French and Luxembourg law relating to the participation of financial institutions in the fight against money laundering and the financing of terrorist activities, the Service Provider is required to obtain information from all Account Holders for all transactions or business relationships as to the origin, purpose and destination of the transaction or the opening of the Account. The Service Provider must also take all necessary steps to identify the Account Holder and, where applicable, the beneficial owner of the Account and/or the Payment Transactions linked to it.

The Account Holder acknowledges that the Service Provider may, at any time, terminate or postpone the use of Identification Data, access to an Account or the implementation of a Transaction in the absence of sufficient information regarding its purpose or nature. The Account Holder is informed that a transaction carried out hereunder may be subject to the exercise of the national financial intelligence unit’s right of disclosure.

The Account Holder may, in accordance with the regulations, access all information thereby communicated, provided that this right of access does not jeopardise the purpose of the fight against money laundering and the financing of terrorism when this data relates to the applicant.

No legal action or civil action may be brought or any professional sanction imposed against the Service Provider, its managers or employees who have made declarations of suspicion in good faith to their national authorities.

19. Personal Data Protection

The Service Provider shall collect and process all Personal Data in accordance with the regulations in force applicable to the protection of such Data and, in particular, with Law No. 78-17 of 6 January 1978 as

amended and with European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016.

The Personal Data required at the time of subscription is necessary within the framework of the services provided in accordance herewith. Failure to provide the mandatory Personal Data may result in the applicant being refused access to the services.

The Data Subject is informed that Personal Data is collected in particular for the following purposes: the provision of the services provided as described herein; the fight against money laundering and the financing of terrorism; the processing of requests for information and complaints; the production of statistics. These processing operations are, in particular, necessary for the implementation of the Framework Agreement and to comply with the legal obligations to which the data controllers are subject. The Provider and the Platform act as joint controllers of this processing.

Personal Data will not be transmitted to third parties without the express consent of the Data Subjects. However, the Data Subject is informed that Personal Data is transmitted to subcontractors of the Service Provider, for the aforementioned purposes. The aforementioned subcontractors shall act only on the instructions of the Service Provider and exclusively on behalf of the latter.

The Data Subject concerned can access the list of subcontractors by sending their request to the Platform’s Customer Service Department. The Data Subject is informed that the Service Provider shall ensure that its subcontractors take all necessary measures to preserve the security and confidentiality of Personal Data. In the event of the occurrence of a Data breach (loss, intrusion, destruction, etc.) involving high risks for the Data Subject concerned, the latter will be informed.

The Service Provider reserves the right to disclose Personal Data at the request of a legal authority to comply with any applicable law or regulation, to protect or defend the rights of the Account Holder or a Data Subject, if justified by compelling circumstances, or to protect the security of the Account Holder, the Services or the public.

Personal Data processed by the Service Provider within the framework of the services provided in accordance herewith shall be retained for the period of time strictly necessary to achieve the purposes mentioned above. Unless otherwise provided by law and regulations, the Data will not be retained beyond the effective date of termination of the Agreement. In particular, it is specified that Personal Data relating to identification is kept for a period of five (5) years from the end of the contractual relationship, pursuant to the regulations applicable to the fight against money laundering and the financing of terrorism.

Data Subjects have the following rights over their Data, in accordance with the conditions set out in the regulations: right of access, right of rectification, right of opposition, right of deletion, right to limit processing and right of portability. A Data Subject may, at any time, exercise their rights by contacting the Platform’s Customer Service Department. The application must indicate the applicant’s surname, first name and identifier, and be accompanied by a photocopy of an identity document bearing the applicant’s signature.

A response will be sent to the Data Subject within one (1) month following receipt of their request. This period may be extended by two (2) months, depending on the complexity and number of requests. In this case, the Data Subject will be informed of the extension and the reasons for the postponement within one

(1) month of receipt of the request.

The Data Subject is informed that they have the right to submit a complaint to the competent authority for any request relating to their Personal Data.

If the Data Subject submits their request in electronic form, the response will be provided electronically, unless they expressly request otherwise.

Where the Personal Data relates to a Data Subject who is not a party to the Framework Agreement and has been transmitted by the Account Holder, the Account Holder is responsible for communicating the information in this Article to the Data Subject.

Further information regarding the processing of Personal Data carried out within the framework of this Agreement, the retention periods and the rights of Data Subjects is available in the Service Provider’s Privacy Policy (accessible on the website www.mangopay.com).

20. Professional Secrecy

The Service Provider is bound by professional secrecy. However, this secrecy may be lifted, in accordance with the legislation in force, by virtue of a regulatory and prudential legal obligation, in particular, at the request of the supervisory authorities, the tax or customs administration, as well as that of the criminal court or, in the event of a court order, notified to the Service Provider. Notwithstanding the foregoing, the User is entitled to release the Service Provider from the obligation of professional secrecy by expressly indicating to the Service Provider the third parties authorised to receive confidential information concerning the User.

It is specified that professional secrecy may be lifted by the effect of the regulations in favour of companies providing the Service Provider with important operational tasks within the framework of this Agreement.

21. Intellectual Property

The Service Provider shall retain full ownership of the property titles and rights of any kind attached to the Services offered to the Account Holder. None of these property rights are transferred to the Account Holder hereunder.

22. Death of the Account Holder and Inactive Accounts

22.1. Death of the Account Holder

The death of the Account Holder terminates the Framework Agreement as soon as it is brought to the attention of the Service Provider. Transactions taking place following the death are, except with the agreement of the successors or the notary in charge of the estate, considered as not having been authorised.

The Payment Account will remain open for the time necessary to settle the estate and the Service Provider shall ensure the settlement of the balance with the agreement of the successors or the notary in charge of the estate.

22.2. Inactive Accounts

Any inactive Account may be subject to a notification of inactivity sent via email by the Service Provider followed by a reminder one (1) month later. The Account Holder’s Payment Account is considered inactive when, at the end of a period of twelve (12) months, it has not been the subject of any transaction (other than the charging of management fees) at the initiative of the Account Holder (or any authorised representative) and they have not communicated with the Service Provider in any form whatsoever.

If there is no response and no use of the balance credited to the Account within this period, the Service Provider may close the Account and maintain it for the sole purpose of transferring the amounts due to the account indicated by the Account Holder. In the event of death, the balance can only be refunded to the

Account Holder’s successors.

The Account will no longer be allowed to carry out Payment Transactions.

23.  Force Majeure

The Parties shall not be held liable or considered as having failed hereunder, in the event of a delay or non- implementation, when their cause is related to force majeure as defined by Article 1218 of the French Civil Code.

24. Independence of Contractual Stipulations

If any provision hereof is held to be null or void, it shall be treated as if it had never existed and shall not invalidate the other stipulations.

If one or more of the provisions hereof should become null and void or be declared as such in application of a law, a regulation or following a final decision given by a competent court, the other provisions shall retain their mandatory force and scope. The stipulations declared null and void would then be replaced by the stipulations that come closest in meaning and scope to the stipulations initially agreed upon.

25. Protection of Funds

The Account Holder’s funds are deposited, at the end of the Business Day following the day on which they were received by the Service Provider, in an escrow account opened in the records of a Bank under the conditions required by the regulations.

Pursuant to Article 24-10 (5) of the Law of 20 May 2011 published in Mémorial A No. 104 of 24 May 2011 of the Grand Duchy of Luxembourg and Article 14 of the Law of 10 November 2009 published in Mémorial A No. 215 of 11 November 2009 of the Grand Duchy of Luxembourg, transposing Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 concerning access to the activity of electronic money institutions, the funds collected are protected and do not fall into the electronic money institution’s assets in the event of its liquidation, bankruptcy or any other state of support.

26. Non-Assignability

The Framework Agreement may not be transferred in whole or in part by the Account Holder, whether in return for payment or free of charge. The Account Holder is hereby prohibited from transferring any of its rights or obligations hereunder to a third party. In the event of failure to comply with this prohibition, in addition to the immediate termination hereof, the Account Holder may be held liable by the Service Provider.

27. Agreement on Evidence

All data contained in an unalterable, reliable and secure manner in the Service Provider’s computer database, in particular, relating to Payment Orders and notifications sent, shall be deemed authentic between the Parties until proven otherwise.

28. Complaints and Mediation

The Account Holder is invited to contact the Platform’s Customer Service Department, which may be indicated on the Website, for any complaint.

Any complaint other than that provided for in Article 10 concerning the conclusion, implementation or termination of the Framework Agreement must be notified by email to the following address: complaint@mangopay.com.

The Account Holder agrees that the Service Provider may respond to their complaints on a Durable Medium. The response will be sent as soon as possible and no later than fifteen (15) Business Days following receipt of the complaint by the Service Provider. However, for reasons beyond its control, the Service Provider may not be able to respond within this period of fifteen (15) days.

In this case, it shall communicate to the Account Holder a response specifying the reasons for this additional time and the date on which it will send the final response. In any event, the Account Holder will receive a final response no later than thirty-five (35) Business Days following receipt of the complaint.

The Account Holder is informed that the CSSF (Commission de Surveillance du Secteur Financier) is competent to settle, on an extrajudicial basis, disputes relating to the implementation of this Framework Agreement. For more information regarding the CSSF and the conditions of such recourse, you may contact the Platform’s Customer Service Department or consult the CSFF website (http://www.cssf.lu). Applications for mediation must be addressed to the Ombudsman of the Commission de Surveillance du Secteur Financier (CSSF), 283 route d’Arlon, L-1150 Luxembourg (direction@cssf.lu), without prejudice to other legal remedies. However, the matter may not be referred to the Ombudsman if the application is clearly unfounded or abusive, if the dispute has been previously examined or is being examined by another Ombudsman or by a court, if the application to the Ombudsman is submitted more than one (1) year after the written complaint to the Service Provider, or if the dispute does not fall within the Ombudsman’s field of competence.

29. Applicable Law and Jurisdiction

Except in the event of application of a law of public order (which will apply only within the strict limits of its purpose), it is expressly stipulated that the Framework Agreement is subject to French law. Any dispute between the Parties in respect of the Framework Agreement will be subject to the jurisdiction of the competent French courts.

Sign up to our
newsletter