RIBPay is a simplified joint-stock company with capital of 1,000 euros, registered in the commercial register under SIRET number 898 996 699 00010, whose registered office is located at 679 AV DE LA REPUBLIQUE 59800 LILLE in France.
RIBPay can be contacted via the following email address: support@ribpay.app
These General Terms and Conditions of Sale and Use (GTC) constitute, in accordance with article L 441-1 of the Commercial Code, the sole basis of the commercial relationship between RIBPay and the CLIENT. Their purpose is to define the conditions under which RIBPay, through its SERVICE, provides the CLIENT via internet or APIs or a SERVICE, in the form of a license.
Scope of application In accordance with article L 441-1 of the Commercial Code, these General Terms and Conditions of Sale and Use (GTCSU) constitute the sole basis of the commercial relationship between RIBPay and CLIENTS. Their purpose is to define the conditions under which RIBPay offers its services to CLIENTS in the form of a license via Internet or API.
Services: refers to the dematerialized payment request service provided by RIBPay and ancillary services, namely, in particular, the maintenance services of the RIBPay Solution
Clients: refers to users of RIBPay services
End user: refers to debtors, natural or legal persons, to whom the Client proposes to settle their debt through the Solution.
Article 2
Our services are exclusively addressed to professionals, including but not limited to: SMEs, large companies, foreign trade companies, SARL, associations, administrative services, merchants, craftsmen or individual entrepreneurs. In order to subscribe to the service, the CLIENT declares to hold a contract with a financial organization allowing online collection of payments on their behalf via Internet.
Certain obligations are imposed on financial institutions and RIBPay in accordance with the provisions of articles L.561-2 and following of the Monetary and Financial Code concerning the participation of financial institutions in the fight against money laundering and terrorist financing. They must in particular carry out all necessary due diligence to identify the beneficial owners of companies and services.
CLIENTS acknowledge that RIBPay and financial institutions may be required to implement surveillance systems designed to fight against money laundering and terrorist financing.
CLIENTS have been notified that operations carried out under these general terms of sale may be subject to a declaration to the National Financial Intelligence Service (TRACFIN). Consequently, no prosecution can be initiated under articles 226-13 and 226-14 of the Penal Code, no civil liability action can be initiated nor any professional sanction pronounced against RIBPay, its managers or employees having made the declaration mentioned in article L- 561. 15 and below of the Monetary and Financial Code.
In order to comply with regulatory due diligence, CLIENTS will provide, at RIBPay's request, any required identity justification, including the following non-exhaustive list:
Failure to provide these documents within 72 hours after the request will result in inability to access our services.
The CLIENT undertakes to respect all general terms and conditions of sale and use as well as the legal and regulatory provisions of French and European law. The CLIENT undertakes not to use our services if their use would be contrary to public order.
The CLIENT ensures the reliability of the information provided and undertakes on their honor that it is accurate and complete. In case of modifications during the use of our service, the CLIENT undertakes to communicate them without delay.
RIBPay reserves the discretionary right to refuse any registration, or to delete any account not respecting the above mentions, particularly in case of incomplete or unreliable information.
Registration to the service can only be carried out by the CLIENT themselves. No third party is authorized to subscribe to RIBPay services on behalf of a CLIENT.
Except for legal authorization, registration and use of the service for the purpose of collection on behalf of third parties is prohibited.
Article 3
The service offers the CLIENT secure redirection of END USERS to their bank in order to be able to execute a secure bank transfer order from the END USER's account to that of the CLIENT in order to make a payment.
RIBPay bills each successful transaction between the CLIENT and the END USER.
RIBPay bills the VAT-inclusive amounts due by the CLIENT during the period considered for Transactions, and all amounts due under this Contract.
This invoice specifies the debit date as well as the RUM number (Unique Mandate Reference) and the ICS (SEPA Creditor Identifier) subject to acceptance of the SEPA standard by the banking institutions of the holder and the issuing company.
The invoice does not constitute a final account balance for transactions carried out during the period considered. Any Transaction carried out in the period, but not appearing on the invoice, will be charged to one of the following invoices.
The invoice is made available between the last day of the month of the period considered and the 10th of the month following the Transactions and allows the CLIENT to fund their bank account before the mentioned date of the debit of the due date; this occurs at least two (2) working days after the date the invoice is made available.
Legal information on the pre-notification period: by derogation from applicable regulations, the debit pre-notification will be made through the operation notice which will be sent to the CLIENT one (1) working day after the execution of their order, the debit itself being carried out two (2) working days after the execution of their order. The signature of the terms of use constitutes acceptance by the CLIENT of this period.
The CLIENT is solely responsible for the products and services they market. Under no circumstances can RIBPay be held responsible for the content offered by the CLIENT, who remains entirely responsible for:
The service subscribed online by SEPA direct debit is automatically renewed until termination by the CLIENT.
The price of the service and options remains valid without increase for the entire duration of the subscription. If the service price were to change during use, the new rate would only apply to the following period.
Prices are available at the following address https://ribpay.app/tarifs/
Non-payment of an invoice by the CLIENT will result in automatic termination.
Article 4
Termination of an online subscription can be done at any time by contacting us via support@ribpay.app. The effect is immediate upon early termination of the subscription. Access to the RIBPay service is immediately suspended and gives access to no refund. Any service that has been consumed and not yet billed will be billed at the time of termination.
The CLIENT can terminate their subscription at any time. Any service that has been consumed and not yet billed will be billed at the time of termination.
In case of illegal or inappropriate use of the service by the CLIENT, RIBPay may suspend or terminate by informing the CLIENT of the litigious use at the origin of the measure.
RIBPay may prescribe corrective measures for the CLIENT in order to put an end to the litigious use.
As soon as the litigious use ends, RIBPay may restore the subscription and access to the service for the CLIENT. If the CLIENT's misuse has damaged the proper functioning of the service and requires repairs, RIBPay will retain any amount paid, until the evaluation of the amount of repairs that will be billed as a supplement to the CLIENT. The restoration of the service will only occur once the invoice for the damage suffered has been settled.
Article 5
Force majeure is defined by all court decisions called "jurisprudence" in French law. Neither party may be held responsible for problems created or encountered in case of force majeure.
The party that detects a case of force majeure must immediately identify the other party in writing (email/sms).
The other party will have from the issuance of the notification a period of 10 days to note it.
The deadlines provided for the provision of the service will be automatically postponed for as long as the force majeure prevents the proper functioning of all services under so-called normal conditions.
Article 6
RIBPay grants the CLIENT a non-exclusive license to the service.
It is intended for the use of the solution by the CLIENT under the conditions provided herein.
The service offered to the CLIENT is inalienable. It remains the property of RIBPay which does not transfer any intellectual property rights to the CLIENT.
Any reproduction, resale or distribution of the service is expressly prohibited and likely to result in legal, civil and/or criminal proceedings.
The CLIENT undertakes to use the service under the conditions provided by the following mentions, in particular:
The CLIENT assumes full responsibility for their use of the Service, they undertake to use it loyally, in compliance with the general terms and conditions of sale and use, the law, and applicable regulations and in particular by implementing everything to respect intellectual property and the processing of personal data (GDPR).
In case of violation of the law, a regulation or one or more elements of the general terms and conditions of sale and use, RIBPay reserves the right to suspend access to the service at its discretion. The CLIENT may under no circumstances claim a refund. RIBPay may also, if necessary, communicate all necessary information to the relevant judicial services.
Article 7
The service is accompanied by technical support to resolve all technical difficulties that the CLIENT might encounter.
RIBPay undertakes to make freely available to the CLIENT and END USERS an assistance service for using the Solution, in writing at the email address support@ribpay.app
RIBPay reserves the exclusive right to correct any possible Anomaly affecting the Solution.
RIBPay undertakes to ensure all technical corrections to be made to the Solution in order to repair possible malfunctions of the Solution and to ensure in particular the proper functioning of the Solution and all hypertext links integrated into the Solution.
As far as possible, the CLIENT will report to RIBPay any anomaly of any nature whatsoever.
Article 8
RIBPay is a trademark registered with INPI.
RIBPay owns all intellectual property rights on its software, logos, trademarks, slogans, graphics including those made on behalf of a CLIENT.
The CLIENT may under no circumstances exploit or reproduce the software, logos, trademarks, slogans that are the sole property of RIBPay except in case of exceptional written agreement.
Any representation, reproduction, total or partial of the site is totally prohibited except written authorization by RIBPay. In case of violation by anyone, the person will be exposed to the offense of counterfeiting provided for by articles L.335-2 and following and articles L.713-1 and following of the Intellectual Property Code.
The CLIENT is prohibited from trying to or extracting content from our database to any other medium, whatever the means and form.
Only RIBPay has the possibility to act on its software in order to allow them to be used in accordance with their use and solve various problems.
Article 9
RIBPay is an intermediary between the CLIENT's and END USER's banking institutions. It is in no case a financial institution as defined by the monetary and financial code.
When paying, the END USER may choose the RIBPay payment system, in which case they will be redirected to their bank with a secure identification system (called DSP2).
Payment will be made to the CLIENT's account. The CLIENT will under no circumstances have access to END USERS' banking data.
RIBPay does not intervene in the transaction acceptance mechanism which is reserved for the banking institution. Thus RIBPay cannot be held responsible by the CLIENT in case of fraud, commercial disputes, or deceit.
The Client uses the Solution at their own risk.
RIBPay undertakes to bring all reasonably possible care to the execution of the obligations that are theirs under these GTC, in compliance with legislative and regulatory provisions relating to its activities.
RIBPay undertakes to scrupulously respect agreed deadlines and to do everything possible to respect undertaken commitments, particularly in terms of service levels.
RIBPay is subject to a general obligation of means.
RIBPay may not be held responsible for delays, failures or non-executions of which it would demonstrate that they are attributable exclusively to the CLIENT, an END USER or a Case of Force Majeure as defined above.
In any case, RIBPay may only see its responsibility engaged in case of direct and material damage resulting from proven fault.
UNDER NO CIRCUMSTANCES MAY RIBPay BE RESPONSIBLE TO THE CLIENT, AN END USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT, IMPOSSIBILITY OR DIFFICULTY IN USING THE SOLUTION, LOSS OF REVENUE, LOSS OF MARGIN, SERVICE INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM THE GTC OR RELATING TO THE GTC, EVEN IF RIBPay HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
NO MULTIPLE REQUEST CAN EXTEND THIS LIMITATION.
Article 10
RIBPay ensures the protection of data from all users of its service through an encryption system and a protection key assigned to each of its merchants, on a physical medium that is itself protected. RIBPay ensures the conversation and protection of CLIENT data during subscription to the service. In case of termination, RIBPay will proceed within 3 months to delete all data from its database.
Dashboard identifiers will be deactivated within 3 months from the termination of the service
However, the data thus removed as well as those concerned by Article 6-2 of the LCEN law of June 21, 2004 and Decree No. 2011-219 of February 25, 2011 will nevertheless be archived offline by the SERVICE for the legal retention period necessary for Judicial recourse.
RIBPay may not be held responsible in case of loss of the merchant's data if the latter has terminated their subscription after a period of 3 months.
RIBPay declines all responsibility relating to the content of data exchanged between the END USER's electronic equipment and that of the banking institution and the CLIENT.
RIBPay ensures that data communicated between our servers and those of the banking institution are not distorted and comply with that initially planned.
RIBPay and the CLIENT are bound by mutual confidentiality during and after the execution of this contract relating to data and contractual documents.
RIBPay undertakes to keep confidential all data relating to the CLIENT, their data as well as the operation of the service internally or externally except judicial requisition.
The CLIENT undertakes to keep and not communicate all of their digital data and in particular their identifiers to access the dashboard. Consequently, any activity done on the dashboard will be presumed to be done by the CLIENT.
The CLIENT therefore accepts to do everything possible to collaborate with RIBPay in case of legal action from a third party and in particular possible lawyer fees that would be linked to:
The CLIENT accepts to collaborate with RIBPay in case of defense for a request, complaint, action or prosecution.
The parties cannot be held responsible for any disclosure if the elements had already entered the public domain on the date of disclosure. All present information is covered by professional secrecy under the conditions of article L.511-33 of the Monetary and Financial Code.
Article 11
RIBPay recalls that the Solution does not record any personal data. Thus, payment links being generated on the fly based on non-nominative information (the invoice amount, a label, a phone number) that RIBPay cannot cross with other information, and which are not kept in memory.
This being specified, the CLIENT, in their capacity as data controller, is responsible for compliance with the Data Protection Act No. 78-17 of January 6, 1978 in its current version and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR) with regard to personal data of END USERS.
RIBPay declares to keep in writing a register of all categories of processing activities carried out on behalf of the Data Controller including:
In this regard, RIBPay acknowledges that it is required to ensure the security and confidentiality of personal data of END USERS that are collected and processed in the context of using the Solution. RIBPay therefore undertakes to implement all technical measures designed to protect said data against any disclosure, and any communication to unauthorized third parties, even accidental. It is specified in this regard that END USERS' data transits through the Solution in an encrypted manner and is not readable by RIBPay itself.
RIBPay ensures that persons authorized to process Personal Data under these GTC:
As indicated in the preamble above, RIBPay undertakes to use sub-processors who undertake to respect the confidentiality of data transiting through the Solution. It is RIBPay's responsibility to ensure that its own sub-processors present sufficient guarantees regarding the implementation of appropriate technical and organizational measures to meet GDPR requirements.
RIBPay ensures that no Personal Data of the Data Controller is transferred outside the European Economic Area by it, its own sub-processors, or persons acting under its authority or on its behalf. The Data Controller reserves the right to carry out any verification that would seem useful to note compliance with this obligation.
By way of derogation from the above, RIBPay is authorized, within the strict limit necessary for the execution of the services that are the subject of these GTC, to use processing means located in a country that does not present an adequate level of protection within the meaning of the GDPR if RIBPay and its own subsequent sub-processors have concluded an agreement incorporating the European Commission's standard contractual clauses allowing the transfer of Personal Data to subsequent sub-processors established in third countries or have adopted all other appropriate safeguards as defined in Article 46 of the GDPR.
Furthermore, RIBPay undertakes to grant END USERS the rights they hold under the Data Protection Act when the CLIENT transmits a request from an END USER to this effect. It is however specified that the banking details of END USERS are not saved within the Solution.
Where possible, RIBPay will provide its commercially reasonable assistance to the data controller to enable the latter to fulfill its obligation to respond to requests for exercising the rights of data subjects: right of access, rectification, erasure and opposition, right to limitation of processing, right to data portability, right not to be subject to an automated individual decision (including profiling). When data subjects exercise requests to exercise their rights with RIBPay, RIBPay is required to address these requests upon receipt by electronic mail to the person in charge of data protection at the CLIENT.
Similarly, RIBPay notifies the data controller of any personal data breach within a maximum period of 24 hours after becoming aware of it, by email to the person in charge of data protection at the CLIENT. This notification is accompanied by any useful documentation to enable the Data Controller, if necessary, to notify this breach to the competent supervisory authority.
Article 12
Transaction security is ensured directly by the banking institution. It is up to the merchant to verify that their banking institution properly fulfills its role in the context of distance sales, sales on e-commerce sites and generally for any transaction made by RIBPay.
Site data and information are protected by various means. Including SSL security certificates, encryption of all banking data, automatic data anonymization, intrusion tests performed by authorized third parties.
Article 13
These GTC are governed by French law. They are written in French. In case of translation, only the French text would be authoritative in case of dispute.
In case of dispute, the CLIENT and RIBPay will endeavor to resolve amicably any disagreement that could arise from the interpretation or execution of these GTC.
In case of failure of this attempt, the courts of Lille will have sole jurisdiction to hear any dispute that may arise from the interpretation or execution of these GTC.