A PROJECT OWNER wishes to promote and develop its business through crowdfunding operations. He seeks to users of FINANCIAL CONTRIBUTIONS as GIFTS, LOANS or to pre bookings. To do this:
- PROJECT OWNER uses CREDOFUNDING
- Internet users, individuals or legal entities participating in the financing of the PROJECT are called CONTRIBUTORS: DONORS (in case of a fundraising campaign), LENDERS (in a lease operation).
- The amounts collected are made available to the PROJECT OWNER either conditioned to the success of the campaign, either independently of the campaign's success conditions.
- The sums collected can in the case DONATIONS take advantage from tax benefits
- The CONTRIBUTORS may receive, COUNTERPARTS for their commitment, in financial or material form, according to conditions laid down in advance.
These Conditions of Use govern the use of the CREDOFUNDING platform support for crowdfunding campaigns. They are available at any time on the site (www.CREDOFUNDING.fr).
CREDOFUNDING is a simplified joint stock company with a capital of 10,000 euros registered with the Trade and Companies Register of Lyon under number 807 647 615 and whose registered office is located 41, rue Laure Diebold, 69009 Lyon. Intermediate CREDOFUNDING is in Participative Funding recorded ORIAS under number 14007012.
DEAR USERS, IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS MADE OR YOU DO NOT WANT TO RESPECT THEM, DO NOT AGREE EVEN THOUGH YOU WILL THEN NOT BE ABLE TO USE OUR SERVICES!
THE USER MAY AT ANY TIME CONSULT THEM, REPRODUCT THEM, STOCK THEM ON THEIR COMPUTERS OR ANY OTHER SUPPORT, PRINT THEM ON PAPER IN ORDER TO SAVE THEM.
- AFFILIATE: Partner of the PROJECT OWNER paid by them to participate in a crowdfunding campaign.
- COLLECTION: Amount of funds sought by the CROWDFUNDING operation. The attributes of the COLLECTION are its duration and amount. They are freely set by the PROJECT OWNER. COUNTERPARTS (see AWARDS). COUNTERPARTIES may be material or financial. CONTRIBUTOR (or DONOR or LENDER or PREBUYER): any natural or legal person who participates in the financing of a PROJECT by paying CONTRIBUTION (a DONATION, a PRE-BOOKING, or the amount of a LEASE).
- CONTRIBUTION (or DONATION or LEASE or PRE-BOOKING) : the CONTRIBUTION is the amount of money paid by the contributor not pay PROJECT funder.
- CROWDWIDGET: Original Interface to be integrated on a website. The use of CROWDWIDGET provides access to all the technical features of the solution presented by CREDOFUNDING.
- DONOR (cf. CONTRIBUTOR )
- DONATIONS (see CONTRIBUTION )
- BORROWER: PROJECT OWNER if LEASE operation.
- CONTRIBUTOR PERSONAL SPACE: CONTRIBUTOR platform to view and manage their profile;
- PAYMENT ESTABLISHMENT: LEMONWAY which backs CREDOFUNDING.
- CROWDFUNDING: CROWDFUNDING allows the financing of a project, a product, an event, an activity or cause, where traditional financial circuits no longer fully respond. For the PROJECT OWNER, CROWDFUNDING may represent the opportunity to test and gauge the degree of appetence for a project, product, event, or activity involved with a community, public or potential buyers. Concerning this audience or these potential buyers, CROWDFUNDING meets strong societal trends that combine the use of the Internet and social networks and the aspiration to feelings of belonging , proximity, confidence and even passion. The CROWDFUNDING operation may take the form of a DONATION operation, of LEASES, PRE-PURCHASE or a combination thereof.
- PROJECT(S) MANAGER. The PROJECT(S) MANAGER is CREDOFUNDING
- FINANCIAL OBJECTIVE : amount to meet for the realization of the PROJECT
- PARTNER: The PROJECT OWNER will rely on a PARTNER who will collect funds for their behalf, especially when the PROJECT OWNER is affiliated with a PARTNER from a foundation that has the status, structure or supervisory body accredited in the collection for third parties. The identification and opening rules of a PAYMENT ACCOUNT at LEMONWAY are to be effected on the PARTNER. CREDOFUNDING nevertheless establish a verification of supporting documents for the PROJECT OWNER and obtaining effective links between the PROJECT OWNER and the PARTNER.
- CROWDFUNDING PLATFORM: Platform that provides and manages several CROWDFUNDING projects simultaneously. The platform receives remuneration from the PROJECT OWNER
- PRE-PURCHASE: CROWDFUNDING operation of reserving a product before its commercialization.
- PREBUYER : CONTRIBUTOR in a pre-purchase operation
- PRESELLER : The PROJECT OWNER if pre-purchase (see CARRIER PROJECT )
- PAYMENT ACCOUNT OF THE CONTRIBUTOR: CONTRIBUTOR account managed by the PAYMENT OPERATOR, linked to an IBAN or a credit card reference. It allows the CONTRIBUTOR to contribute to the PROJECT.
- PAYMENT ACCOUNT OF THE PROJECT OWNER: account of PROJECT OWNER managed by the PAYMENT OPERATOR, linked to an IBAN or a credit card reference. It allows the PROJECT OWNER to collect the amounts of CONTRIBUTORS
- PROJECT MANAGER PAYMENT ACCOUNT(S): Account PROJECT MANAGER(S) managed by PAYMENT OPERATOR, linked to an IBAN or a credit card reference. It allows the PROJECT MANAGER(S) to collect commissions for the service rendered to the PROJECT CARRIER.
- PAYMENT ACCOUNT OF PARTNER or AFFILIATE: Account of the PARTNER or AFFILIATE managed by the PAYMENT OPERATOR, attached to an IBAN or a credit card number. It allows the PARTNER collect the amounts of CONTRIBUTORS.
- PROJECT CARRIER : one who initiates and carries the PROJECT out
- PRE-BOOKING : PRE-BOOKING is the amount of money paid by the PREBOOKER as part of a pre-purchase operation to finance the PROJECT
- LOAN with interest: process by which the funds are delivered by a LENDER to a PROJECT OWNER with interest and which matches the repayment commitment of the loaned amount in a predetermined time frame set by the LENDER
- LOAN without interest: operation by which funds are delivered by a LENDER to a PROJECT OWNER without interest and which matches the repayment commitment of the loaned amount in a predetermined time frame set by the LENDER.
- LENDER: One who grants a LOAN operation to a PROJECT OWNER ( BORROWER )
- PROJECT: The PROJECT is the project, event, activity, product, service, cause the CREDOFUDNING CUSTOMER wants to finance by a CROWDFUNDING operation. The characteristic features of a Project are:
- Its OBJECT
- The amount of the FINANCIAL OBJECTIVE
- The time of the COLLECTION
- The different types of possible CONTRIBUTION (DONATION, LOAN, PRESELLING)
- The COUNTERPARTS attributed to each CONTRIBUTION
- The character with or without conditions for payment of funds collected to the PROJECT OWNER or PARTNER, based on the achievement of the campaign objectives
- PROVISION : Amount paid by the PROJECT OWNER or PARTNER on their payment account for the levy in real-time of commissions.
- PROJECT with CONDITIONED COLLECTION OF FUNDS: PROJECT for which the availability of funds collected by the PROJECT OWNER depends on the conditions of success of the CROWDFUNDING campaign. During the time of the COLLECTION, the collected funds are kept on the PAYMENTACCOUNT of the CONTRIBUTOR. It is stated that when the CONTRIBUTOR chooses to grant CONTRIBUTION to the PROJECT OWNER or an ACTUAL BENEFICIARY, it gives a payment order for the benefit of the PROJECT CARRIER or ACTUAL BENEFICIARY. This payment order is irrevocable but will only be executed if the event described hereafter occurs. It is understood between the parties that the payment order given under these conditions cannot be questioned, only the non-fulfillment of the following events may defeat its execution by MIPISE: after the COLLECTION, GOAL is reached on time (that is to say, success of the CROWDFUNDING campaign). After the COLLECTION, if the GOAL campaign is not reached, the PROJECT OWNER or ACTUAL BENEFICIARY has the right, in accordance with ab initio agreement to postpone the contribution on similar projects.
- PROJECT WITH NON CONDITIONED COLLECTION OF FUNDS: PROJECT for which the funds collected are transferred definitively and unconditionally to the PROJECT OWNER or PARTNER or, independently from the objectives of the CROWDFUNDING operation. The funds are transferred throughout the period of the COLLECTION to the PROJECT OWNER or PARTNER irrevocably.
- REWARDS (or COUNTERPARTS): REWARDS are the counterparts received by CONTRIBUTORS in exchange for their CONTRIBUTIONS. They are set by the PROJECT OWNER and are usually based on the amount of CONTRIBUTIONS.
- CREDOFUNDING SERVICE: provision of the technical platform that enables the creation/management of a crowdfunding campaign as a DONATION, LEND, PRE-SELLING operation or a combination of these forms of operations.
- The SERVICE is a technical performance of hosting and provision of functionalities needed to implement a CROWDFUNDING operation. The CREDOFUNDING SERVICE may also resort to consultants, if appropriate.
- SUBSCRIPTION TO THE PLATFORM
The USER of the PLATFORM (PROJECT OWNER, CONTRIBUTOR, PARTNER or AFFILIATE) must provide at least:
- A username
- An email address
When one wants to open a payment account, additional information is required when the different contributions meet payment thresholds (see Article 5 and 6 of these terms). Please note that this additional information is required for CARRIER PROJECT PARTNER or AFFILIATE the first euro. A USER SPACE (for PROJECT OWNER, CONTRIBUTOR, PARTNER or AFFILIATE) is then available to the USER of the CREDOFUNDING SERVICE in which it may if necessary provide evidence of his identity.
- ACCESS TO THE SERVICE
3.1 Accessibility to the SERVICE of the CREDOFUNDING platform for a PROJECT OWNER or PARTNER is to be done via the home page of the platform and registering on the site. Once the form is completed and validated, CREDOFUNDING addresses a confirmation email on demand of the user.
3.2 PROJECT OWNERS wishing to promote their PROJECTS and obtain financing, submit a presentation to CREDOFUNDING for publication on the website detailing the nature, objectives, main features and the course of PROJECT they intend to develop with support CONTRIBUTORS. In order to be accepted by CREDOFUNDING for possible promotion on its website, the PROJECT OWNER undertakes to provide clearly and precisely, for any proposed PROJECT, the description of it, the minimum to be achieved by CONTRIBUTIONS for the project to be considered financed, the COLLECTION PERIOD as well as the COUNTERPARTS it offers.
3.3 PROJECT features and settings are subject to the prior acceptance of CREDOFUNDING with no obligation to give the reasons of a refusal and without any guarantee in any way of the CONTRIBUTOR’s success in the PROJECT campaign or authenticity of the information presented by the CARRIER PROJECT. Indeed, the selection of content consists essentially in the checking of the consistency and quality of the Project and is not intended to control the viability, feasibility or authenticity of the proposed Project. For instance, CREDOFUNDING refuses systematically fanciful projects devoid of seriousness, detached from any reality and doomed to failure. Once posted on the webite, PROJECTS can no longer be modified except to make adjustments which seek only to improve the achievement of the objectives of the PROJECT.
3.4 It is the role of the PROJECT OWNERS to ensure that they have all necessary rights to publish the Project on the website and are in compliance with all laws and regulations applicable to the design and implementation of the given PROJECT. In particular, PROJECT OWNERS agree not to bring the PROJECTS in breach of laws and regulations, which would impair human dignity or a person's privacy, be indecent, or inciting or leading to illegal activity or any other activity that would infringe the rights of CREDOFUNDING and its contractors, other users and, more generally, any third party. They are obliged to comply with the obligations set out in Article 4.
3.5 CREDOFUNDING reserves the right to deny registration to any PROJECT OWNER which does not fulfill such obligations formulated in Article 4 without giving reasons for its refusal.
3.6 The accessibility to CREDOFUNDING SERVICE for any other USER: CONTRIBUTOR, AFFILIATE PARTNER for a CROWDFUNDING campaign is to be done via the address of the platform website and registering on the website. The Internet address of the platform is www.credofunding.fr
3.7 CREDOFUNDING reserves the right, without it giving right to any monetary compensation for damage (see Article 14) to:
- suspend, discontinue or restrict access to all or part of the CREDOFUNDING SERVICE, reserve access to CREDOFUNDING SERVICE or parts of the CREDOFUNDING SERVICE at a specific class of users ;
- correct technical inaccuracies and typographical errors;
- delete any information that may affect the operation or entering in a breach of national or international law;
- delete a link that it considers inconsistent with the object of the CREDOFUNDING SERVICE , or contrary to public order or morality;
- suspend CREDOFUNDING SERVICE order to make updates.
3.8 CREDOFUNDING reserves the right to suspend access to the platform services in the event of a breach of a USER obligations referred to in hereafter paragraph 4, without it giving right to any monetary compensation in case of prejudice.
- The obligations of the project owner and partner
4.1. PROJECT OWNER or PARTNER expressly undertakes:
- Not to register link, message, image, text, video, animation, sound or program not in accordance with French law,
- Not to save or promote themes, contents, links that are expressly prohibited that may infringe the copyright or image rights of others or their privacy,
- Not to save or promote themes that may relate to the exploitation of minors, pornography images, degrading images of the body of man or woman, throwing insults, slander, make comments infringing human dignity, provoke or incite hatred, violence, racism, suicide or generally incite any crime,
- To obtain prior authorization for the data protected by the right to property,
- To obtain prior authorization from the rights holders in the legal conditions before any reproduction, representation and public communication,
- Take care of the fact that URLs should respect trademark law and the rights of personality,
- To take responsibility for the texts, images, sounds or broadcast programs,
- To bear alone any direct or indirect loss or injury caused and to endorse any dispute arising,
- Offload CREDOFUNDING from liability for damage caused by a breach of the above commitments.
4.2. PROJECT OWNER or PARTNER expressly undertakes
- Not to use the platform to disseminate and promote computer viruses, Trojan horses or other nature of the program, to violate computer systems or to disrupt the overall functioning of the service.
- To bear alone any direct or indirect material loss or injury caused and to endorse any dispute that may arise,
- To unload CREDOFUNDING of any responsibility in this regard.
4.3. The PROJECT OWNER or PARTNER expressly agree that the service may be suspended without notice or compensation in case of breach of the above obligations.
4.4 The PROJECT OWNER or PARTNER hereby agrees that the contents and information provided are to be freely operated by CREDOFUNDING for promotional purposes regarding the PROJECT. As such, the PROJECT OWNER or PARTNER grants CREDOFUNDING the right, namely to use, as part of its communication and promotion of the site, their name and the name and characteristics of the PROJECT ; the right to reproduce and to have someone reproduce the content and information provided on the site on any network, using any process, in any known or unknown form, in combination or not with other works of any kind since these operations are carried out in relation to the promotion of the PROJECT; represent or be represented or all of the contents of the PROJECT.
4.5 Hypertext links: the creation of hypertext links to all or part of CREDOFUNDING SERVICE is strictly prohibited without the prior written permission of CREDOFUNDING requested by email to the following address: email@example.com. CREDOFUNDING is free to refuse such permission without having to justify in any manner whatsoever decision. If permission is granted, it is not in all cases temporary and may be withdrawn at any time, subject to justified PROJECT CARRIER concerned. In any case, any link must be removed upon request of CREDOFUNDING. CREDOFUNDING offers hyperlinks to websites published by third parties. The establishment of these links does not imply endorsement by CREDOFUNDING the content of such sites. CREDOFUNDING cannot permanently control the content of these sites and cannot guarantee:
- The accuracy, reliability, relevance, update or completeness of their contents.
- Their access and good working order.
- The protection of privacy and personal data.
Therefore, the responsibility of CREDOFUNDING will not be retained in case of possible litigation between a website referenced on the CREDOFUNDING SERVICE and a user. Only the responsibility of the publishers of the websites referenced on CREDOFUNDING SERVICE may be committed.
- OPENING A PAYMENT ACCOUNT
5.1. As an individual, one should provide:
Their full name A valid email address Their date of birth Mailing address Their nationality Country of residence
5.2. As the representative of a legal person, it must also certify to hold all the rights necessary to bind the entity and to provide:
The name of the corporation A valid email address of the corporation Proof of identity of the officer or of the person empowered to bind the company as part of operations carried out.
5.3. USER declares that all information provided is true and correct to date.
- RULES OF USE OF THE SERVICE PAYMENT ACCOUNT
Specific regulatory provisions are enacted in customer knowledge (Know Your Customer KYC, namely due diligence in respect of customers set out in Articles L. 561-5 and following of the CMF). The "know your customer" (or the beneficial owner of the relationship) should help ensure the identity of the person who gives money, but also the source of funds and the merits of operations. This knowledge of the customer takes place before the entry into business relationship. Constant vigilance is exercised for the duration of the business relationship; a careful examination should be performed on all transactions ensuring that they are consistent with the present knowledge of the customer (Article L. 561- 6 paragraph 2 of the CMF).
6.1. A USER must always provide evidence of his identity and function. For any transaction of an amount greater than or equal to 250 € or a total of operations performed during a year of an amount greater than or equal to 2,500 euros or, from the first euro if PROJECT OWNER or ACTUAL BENEFICIARY. CREDOFUNDING however reserves the full right to demand similar information below the aforementioned thresholds.
The nature of the supporting documents are based on the status of the USER:
6.1.1. Physical person:
- A copy of a valid copy of an official document of identity (front and back) in color or color copy of the page with the photograph of a passport or of a residence permit + a second identification,
- Proof of address less than three-month-old from :
- An energy supplier,
- A telephone operator (fixed line)
- Home insurance
- A rent receipt
Or less than one year for:
- Notice of income tax
- Council tax
- A bank account in his name - the RIB key is asked to the PROJECT OWNER or ACTUAL BENEFICIARY - It is subsequently asked to CONTRIBUTOR-DONOR if and only if they wish to operate a cash-out movement of his account of payment.
6.1.2. Professional (self- entrepreneur, craftsmen, professionals, limited companies...)
- INSEE number
- Entry in Commercial Register and Company Register of Trades or handwritten signed certificate stipulating the RCS or RM registration exemption • a copy of an official document of valid identity copy (duplex) or color copy of the page with the photo of color passport or colored residence permit plus a second piece of identification, color for residents outside France
- Proof of address less than three-month-old from:
- an energy supplier ,
- a telephone operator (fixed line)
- home insurance
- a rent receipt
Or less than one year for:
- notice of income tax
- council tax
- A corresponding RIB key
- A copy of the latest certified articles compliant with the origin of the company (including distribution of powers)
- K-BIS extract less than 3 months old,
- A copy of an official identity document of the valid leader : a color copy of the identity card (front and back) or of the page with the photograph of the passport, or of a residence permit + a second proof of identity, in color for residents outside France
- A proof of residence of the leader of less than three months from :
- a provider of energy,
- a phone operator (fixed line)
- home insurance in June
- a rent receipt
Or less than one year for:
- notice of income tax
- council tax
- a RIB key in the company’s name
- NB: in case the company would have several persons holding more than 25 % of capital, it must provide a copy of the identity document, both sides, for each partner who holds more than 25 % of the company.
- a copy of the insertion in the Official Journal (http://www.journal-officiel.gouv.fr/associations.html)
- a copy of the official registration number of the association,
- a copy of the latest audited statutes in accordance with the original
- a copy of an official identity document valid the President or Treasurer of the association : For French citizens , a copy of the French identity card ( front and back) in color or copy of the page with the passport photo , color, same for foreigners residing in France or abroad
- proof of residence of the president or treasurer of less than three months from:
- an energy supplier
- a telephone operator (fixed line)
- a home insurance
- a rent receipt
or less than one year for:
- notice of income tax
- council tax A RIB key in the name of the association.
6.2. CREDOFUNDING reserves the right to request the communication of any other document or information in order to perform the necessary checks on compliance with legal obligations , including in the fight against money laundering .
6.3. Lightened procedures can be implemented with occasional customers and are based on compliance with specific rules including non disclosure (transaction amount less than € 15,000 - CMF Article R561-10) 6.4. The USER is aware that the opening of a payment account may be refused by MIPISE (and the account may then be closed) if they are considered to be a politically exposed person, when freezing of assets on its person, of high perceived risk, positive anti-money laundering control, proven fraud, use of fallacies, minor without parental consent etc.
6.5. The USER is notified that the documents used for their identification may be stored for 5 years.
6.6. Changes in the name or first name initially filled on the platform makes invalid the user’s identification procedure.
6.7 CLOSURE OF A PAYMENT ACCOUNT
6.7.1. When a user is not a party to an operation in progress, they may at any time terminate their account. Otherwise, they have to wait for the end of the operation (e.g., the expiry or the term of the loan agreement) in order to close it. The closure of PAYMENT ACCOUNT leads to restitution of the existing amounts, if any, displayed on this account.
6.7.2 To close their account, an email should be sent from their email address, indicating their desire to close their account. You have to attach to this email, if it has not yet been the case, a RIB key, if there is a positive balance of payment. Within a maximum period of 30 days, a confirmation email will be sent confirming the account closure and the transfer of the balance of the payment account.
- PAYMENT OF A CONTRIBUTION
7.2. The secure payment by credit card is made via PAYMENT ESTABLISHMENT.
7.3. The amount of the contribution is kept in the PAYMENT ACCOUNT of the CONTRIBUTOR managed by the PAYMENT ESTABLISHMENT, in accordance with the General Terms of Service of LEMONWAY and the use of electronic money transfer to the PAYMENT ACCOUNT of the PROJECT OWNER or PARTNER.
7.4. The consent of the CONTRIBUTOR to pay their contribution shall be deemed given at the time of the transmission of the payment instruction.
7.5. The costs of the PLATFORM are never charged to the CONTRIBUTOR
7.6 CREDOFUNDING comes to the technical implementation of the CROWDFUNDING solution. Content management of payment accounts is ensured by LEMONWAY. Secure payments by credit card is ensured by LEMONWAY.
7.8 Specific case of a pre-purchase operation: A multi-step process:
Step 1, booking: the PREBUYER proceeds to the booking of the product. To materialize their book and their interest in the product, it is asked to the PREBUYER to make a payment of the amount requested. The money they are willing to engage in this first phase is poured on a payment account set up for this in their name. The amount is not yet paid to the PRESELLER.
Step 2, confirmation: if at the end of the collection period, enough PREBUYERS have expressed interest in the product and if the PRESELLER is able to deliver the proposed product, the order is automatically confirmed and the sums are paid to the SELLER.
Step 3, delivery: once confirmed, the company will conduct the PRESELLER to the delivery of goods ordered.
CREDOFUNDING cannot be held liable for non-delivery of counterparties.
7.9 Special case of a transaction of LOAN: The LOAN shall entail payment of the amounts loaned (capital and interest):
- When creating the PROJECT, the CARRIER PROJECT provides a schedule of repayments.
- The total repayment period is a maximum of 84 months.
- The amount of refunds paid from the account of the PROJECT OWNER equals the total amount divided by the number of maturities of actual reimbursements.
- The LENDER has access to the payment schedule in the description of the PROJECT.
- The LENDER recognizes to providing support to the PROJECT OWNER (BORROWER) by its LOAN operation by knowingly.
- They are fully aware of the existence of a risk of default
- The PROJECT OWNER (BORROWER) agrees to have sufficient funds in their bank account to ensure repayments of its borrowing from LENDERS with different maturity dates. In the event of difficulty in repaying the CARRIER PROJECT ( BORROWER ) agrees to contact the PROJECT MANAGER (S ) to notify the cause of these difficulties and propose a solution
- CREDOFUNDING shall notify the LENDERS via email should any difficulties occur due to the suspension of repayments. They will present the proposed solution. The LENDERS are aware that in case of dispute on reimbursements of LEND, CREDOFUNDING will not be held liable for non-compliance of the PROJECT OWNER (BORROWER) commitments to repay the funds.
- Ultimately, CREDOFUNDING offers in their personal space an Informal Document Acknowleding Debt of the outstanding amount by which the PROJECT OWNER (BORROWER) agrees to pay a sum of money to the LENDER. It is the LENDERS’ responsibility to initiate any proceedings against the PROJECT OWNER (BORROWER).
- The LENDER's payment account is credited on each due date of the sum owed by the PROJECT OWNER. They may proceed to a withdrawal of amounts collected on their bank account upon entering their bank details in their customer space.
7.10. The PROJECT OWNER expressly acknowledges having been informed of the requirements of Article 49 B of Annex 3 of the General Tax Code, on reporting obligations for loans.
- CANCELLATION OF CONTRIBUTIONS AND WITHDRAWAL OF FUNDS OF PAYMENT ACCOUNT
8.1. The CONTRIBUTOR who wishes to cancel their CONTRIBUTION can do as long as their CONTRIBUTION was not transferred to the PAYMENT ACCOUNT of the PROJECT OWNER or PARTNER (reservation made in the case of a project where the provision of funds is not conditioned by the goals of the campaign and the contribution is immediately transferred to the project promoter: see Article 12). The CONTRIBUTOR visits their CONTRIBUTOR SPACE, in the "Cancellation" tab. A window indicates the procedure to follow to obtain reimbursement of their CONTRIBUTION. The credit sequence is initiated by the PAYMENT ESTABLISHMENT within five business days of receipt of the rebate application.
8.2. Since the FINANCIAL GOAL is reached and the end of the campaign has been notified by email, the CONTRIBUTION cannot be canceled.
8.3. In case of cancellation of a contribution paid, refund of amounts paid or money lent, the credit sequence is initiated by ESTABLISHMENT OF PAYMENT within five working days from the receipt of the request cancellation or redemption or withdrawal of amounts available in the payment account.
8.4. Amounts cancellation requests made on account of payments are made by canceling the credit card transaction. Cancellation is free of charge.
8.5. Withdrawals are available on a payment account (e.g., if fallen from loan maturities) are made above € 25 free.
- CREDOFUNDING REMUNERATION
9.1 CREDOFUNDING has the ability to recruit AFFILIATES they can pay or not with the aim to increase the volume of fundraising campaign PROJECT OWNER.
9.2 Secure banking transaction fees are charged for technical services and maintenance of the account (LEMONWAY). These amounted to 2% of the HT COLLECTION. These transaction fees are not refunded if the campaign fails.
9.3 DONATION OPERATIONS: CREDOFUNDING receives remuneration from the PROJECT CARRIER whose conditions are described below:
Lump sum based on the FINANCIAL OBJECTIVE:
- € 1,000 to € 2,499: initial package of € 50 – tax free
- € 2,500 to € 4,999: initial package of € 100 – tax free
- € 5,000 to € 9,999: initial package of € 200 – tax free
- € 10,000 to € 49,999: initial package of € 300 – tax free
- € 50,000 to € 99,999: initial package of € 500 – tax free
- € 100,000 to € 1 million: initial package 1000 € – tax free
Success fee based on actual COLLECTION (amount actually received):
- € 1,000 to € 9.999: success fee of 5 % of carried COLLECTION – tax free
- € 10,000 to € 1,000,000: success fee of 6% of carried COLLECTION – tax free
9.4 LENDING OPERATIONS: CREDOFUNDING receives remuneration from the PROJECT OWNER whose conditions are described below:
Lump sum based LOAN AMOUNT: 0.84 % before tax with a minimum of 200 € tax free. * Success fee based on the AMOUNT of LOAN ( amount actually received ) :
Duration < 48 months: success fee of 3.60 % tax free Duration > or = 48 months: success fee of 4.00 % tax free
The lump sum ensures the seriousness of the project leaders.
The success fee is automatically withdrawn from the COLLECTION when transferring funds from the CONTRIBUTORS ACCOUNT PAYMENT to the PROJECT OWNER or PARTNER’s PAYMENT ACCOUNT. VAT is applicable at the prevailing rate on the day the transfer of collected funds is made
- DISPUTES OR OPPOSITION
10.1. In case of loss or theft of his username, misappropriation or unauthorized use of their data, the ACCOUNT OF PAYMENT USER must inform MIPISE to request the blocking of their username as planned in the general Terms of Service LEMONWAY (the Issuer).
This declaration must be made :
- by phone call to the customer service distributor in number : +33 (0) 184.108.40.206.19
- Or at: firstname.lastname@example.org
- Or at: email@example.com
It must be confirmed in writing to either of the following addresses:
- MIPISE- 40 rue des Roissys 92320 CHATILLON
- LEMONWAY - 14 rue de Beaune 93100 MONTREUIL
The Issuer will immediately go through the demand via MIPISE to confirm the opposition of the identifier. The event will be recorded and time-stamped.
A phone number of opposition with timestamp will be communicated to the ACCOUNT PAYMENT USER. Written confirmation of this opposition layout will be addressed by the dispenser to the ACCOUNT PAYMENT USER concerned by electronic message.
The Issuer will assume the file administratively and keep all traces of the incident for eighteen months. Upon written request of the USER ACCOUNT OF PAYMENT and before the expiry of that period, the Issuer will provide a copy of this opposition.
Any opposition request shall be confirmed without delay by the PAYMENT ACCOUNT USER concerned via letter signed delivery or sent by registered mail or email to the Issuer at the address at the head hereof or at that of MIPISE.
The Issuer and the Distributor shall not be held responsible for the consequences of an opposition by fax or email that do not emanate from the PAYMENT ACCOUNT USER.
An opposition application is deemed made on the date and the effective time of receipt of the request by the Distributor. In case of theft or fraudulent use of the username, the Issuer is entitled to request via the Distributor, a receipt or a copy of the complaint to the PAYMENT ACCOUNT USER committed to respond as quickly as possible.
10.2. In case of dispute a transaction of credit or debit on the PAYMENT ACCOUNT (Contribution, Cancellation or Refund), the PAYMENT ACCOUNT USER addresses MIPISE. Any contestation to a transaction must be sent within 13 months from the date of the disputed transaction. The liability of the Issuer and the Distributor shall in no event be liable for any fault of the ACCOUNT PAYMENT USER for intentional breach or constitutive of gross negligence on its bonds, late submission of an opposition or a challenge or in bad faith.
- ISSUE PROJECT: CASE OF A PROVISION OF COLLECTED FUNDS CONDITIONED BY ACHIEVING THE GOALS OF THE CAMPAIGN OR WITH TRIP THRESHOLD
11.1. The definition of the PROJECT, its implementation, its success or failure, its issuing COUNTERPARTS, as legal and financial management of the Project are the responsibility of the PROJECT OWNER.
11.2. The outcome of the Project is assessed solely on the basis of the gauge and the expected duration of the COLLECTION. The success of the PROJECT is considered acquired when PURPOSE FINANCIAL COLLECTION is reached the amount and on time.
11.3. Upon successful completion of the PROJECT:
- When FINANCIAL GOAL is reached, the CONTRIBUTION definitely gained goes to the PROJECT OWNER or the PARTNER and the CONTRIBUTOR cannot seek reimbursement.
- The CONTRIBUTION is transferred to the PAYMENT ACCOUNT’s USER or the PARTNER at the latest within 15 calendar days after the campaign.
- It is the CARRIER PROJECT responsibility, under conditions they will define, to make the delivery of COUNTERPARTS.
11.4. In case of failure of the PROJECT: If FINANCIALGOAL is not reached, the Project is not completed. The PROJECT OWNER notifies the CONTRIBUTOR via email of the PROJECT failure and seeks their instructions, namely concerning:
- The conservation of the amount of the Contribution Payment Account
- The possible assignment to another PROJECT
- The total or partial repayment of paid amounts
11.5. The PROJECT OWNER has the option to extend once – and only once – the period of the campaign. In this case and before the scheduled end of the campaign, they shall notify by mail all CONTRIBUTORS of their desire to extend the campaign. The CONTRIBUTORS not willing to continue their support to the PROJECT OWNER may request a refund at no charge from their CONTRIBUTOR SPACE.
- PROJECT ISSUE: CASE OF A DRAFT PROVISION OF FUNDS COLLECTED NON CONDITIONED BY THE ACHIEVING OF THE GOALS OF THE CAMPAIGN
12.1. The definition of the PROJECT, its implementation, its success or failure, its issuing COUNTERPARTS, as well as its legal and financial management are the responsibility of the PROJECT OWNER.
12.2. For NON REFUNDABLE PROJECTS, the funds are made available to the PROJECT OWNER or PARTNER unconditionally after the payment .
12.3. The availability of funds is made through debiting the CONTRIBUTOR’s PAYMENT ACCOUNT, by the crediting of PROJECT OWNER’s or PARTNER’s PAYMENT ACCOUNT and the funds are available immediately before the end of the campaign.
- CONSULTATION OF ACCOUNTS
13.1. The PROJECT OWNER or PARTNER may at any time consult the history of their account in a dedicated space.
13.2. The CONTRIBUTOR or the AFFILIATE PARTNER may at any time check their account history in their dedicated space.
13.3. CREDOFUNDING can always view the history of their account for each of the projects underway in their dedicated space.
14.1. For all its benefits, CREDOFUNDING is subject to an obligation of means and not of results. In no event shall CREDOFUNDING be held responsible for what is akin to or indirectly to the failure of a duty to advice.
14.2. CREDOFUNDING will in no way be held responsible for any damage resulting from the user partial or total non-compliance to these Terms by the aforementioned customer.
14.3. CREDOFUNDING will not be held liable by the activities or information stored, if they were not actually aware of their illegal nature (see section 4) or if, as soon as they became aware of it, CREDOFUNDING acted diligently to remove such data and/or make access impossible.
14.4. Whatever the nature, fundament and modalities of an action that may be taken by a USER OF WEBSITE, except for its intent or gross negligence, the liability cannot be incurred to CREDOFUNDING.
14.5. In no event shall CREDOFUNDING be held liable for direct and/or indirect damage, such as commercial loss, loss of customers, any commercial problems, loss of profit, brand image loss suffered by customers or by third party, and that could result from actions of the platform or the implementation or unavailability of service. Any action against a user by third parties is considered an indirect action, and therefore does not qualify for compensation other than the aforementioned maximum amount of one hundred euros.
14.6. The PROJECT OWNER or PARTNER recognizes that responsibility for safeguards and limitations set forth above operate between the parties a reasonable allocation of risks and responsibilities with regard to the context and financial conditions governing the provision of the service provided by the platform.
14.7. It is stated that the content of the PROJECT, its presentation and its monitoring elements (news etc.) are developed by the PROJECT OWNER under sole responsibility; and the PROJECT OWNER is fully responsible for the presentation of the PROJECT published on the WEBSITE and shall ensure in particular that this presentation should not mislead USERS.
14.8 PROJECT CARRIER acknowledges that the provision of misleading, incomplete or wrong data is likely to entail liability against CREDOFUNDING and USERS and assumes full responsibility for the consequences of any omission or negligence in this regard.
14.9 In the event of death, disability, PROJECT OWNER or PARTNER accident or any other event making them unable to lead their CREDOFUNDING PROJECT is authorized to suspend the current collection. More generally, CREDOFUNDING discretion may cancel an ongoing collection and delete a Project when it is found that the PROJECT OWNER violates these. In this event, all registered CONTRIBUTIONS would be immediately rescinded, concerned CONTRIBUTORS will be repaid and the PROJECT OWNER could claim to recover sums collected.
14.10 PROJECT OWNERS acknowledge being determined to use all means to achieve their PROJECTS if they manage to collect the necessary CONTRIBUTIONS. They are invited to regularly update their PROJECTS and share with other USERS information about the news of their PROJECTS and their implementation. They agree to keep their CONTRIBUTORS informed of major advances in their PROJECTS, even after the end of the collection period.
14.11 PROJECT OWNER undertakes to fulfill all its obligations vis-à-vis CONTRIBUTORS, especially to accomplish the PROJECT as originally defined and the reward/counterparts described in the project if necessary.
14.12 The PROJECT OWNER is invited to ensure that it will be able to provide the COUNTERPARTS it offers CONTRIBUTORS after the opening of the campaign to finance their PROJECT. The COUNTERPARTS can be of any kind other than financial (personal creations, works, partnership offers, invitations...).
14.13 PROJECT OWNERS undertake not to offer or provide illicit COUNTERPART including sexual, racist , discriminatory, defamatory, abusive, xenophobic, homophobic, inciting violence, violating a third party’s image, invasive public order or morality, contrary to the laws, violating professional secrecy, property and trademark law, patent or other intellectual or industrial establishment owned by others, unsafe or falsified.
14.15 The PROJECT OWNER or PARTNER expressly acknowledges they are solely responsible for accounting, tax and social treatments related to the PROJECT, including the amounts collected through CREDOFUNDING. If the campaign is the responsibility of the call for public donations at the national level, the Association must request permission by declaring accurately, objectives, means, the estimated allocation of funds collected.
14.16 PROJECT HOLDERS are sole responsible for the collection of CONTRIBUTIONS they organize by intermediating CREDOFUNDING, and of potential COUNTERPARTS they offer as part of the PROJECT presented on the WEBSITE. Therefore, any risk involved in the development and conduct of a PROJECT and postponements and potential cancellations are fully supported by PROJECT OWNERS.
14.17 PROJECT HOLDERS may arrange refunds at their discretion. CREDOFUNDING is not responsible for refunds that occur or not on collections of CONTRIBUTIONS.
14.18 CONTRIBUTORS are completely free concerning the amount and allocation of their CONTRIBUTIONS. If necessary, they are led to choose the level of COUNTERPART proposed by the PROJECT OWNER, provided that the amount of the contribution must be paid at or above the value of the COUNTERPART chosen. It is recalled here that CREDOFUNDING is only an intermediary between the PROJECT OWNER and the CONTRIBUTOR as part of promoting a PROJECT. Accordingly, CONTRIBUTOR will not seek CREDOFUNDING responsibility in case of PROJECT OWNER’s failure to its obligations.
14.19. It is stated that the tax consequences of non-compliance with applicable regulations, including tax regulations, for example by PROJECT HOLDERS are their sole responsibility.
- CONTINUITY OF SERVICE COMMITMENT BY THE BANKING OPERATIONS FACILITY FOR LOAN IN CASE OF FAILURE FROM CREDOFUNDING
The payment of the funds, the receipt of interest and repayment of principal of the LOAN will be made through the Payment Service Provider. In case CREDOFUNDING should cease its activities before the end of the repayment of the LOAN, CREDOFUNDING signed an off management contract of its activities with a payment service provider agent or a payment service provider responsible for ensuring in their name the smooth operation of payment transactions and repayment of loans until their completion, in order to better guarantee the interests of all lenders.
So that lenders can continue to be paid every month even in case of known or predictable failure of CREDOFUNDING, CREDOFUNDING subscribed to the banking institution partner Lemon Way a run-off guarantee clause. Thus in case of transfer of activity, bankruptcy filing or predictable failure of CREDOFUNDING, the banking institution is committed to organize the recovery of the stock by a duly authorized structure same activity. The pricing terms of the overall costs for customers with assets that are required to be maintained and transferred, enabling the continuity of commitments until all repayments. It being understood that in case of failure, not yet validated the current collection will be subject to an immediate halt.
- PERSONAL DATA
16.1. The personal data collected and processed by CREDOFUNDING are those SERVICE USER voluntarily transmits namely via registration forms.
The gathered information may be shared with third parties related to CREDOFUNDING (including MIPISE and LEMONWAY) as part of the contract for the execution of subcontracted tasks needed to manage the user's account and without the latter having to give authorization.
16.2. CREDOFUNDING SERVICE USER is committed to providing accurate information to date and immediately inform CREDOFUNDING of any changes to this information by sending an email to firstname.lastname@example.org in order to perform without any delay the corresponding changes in its PERSONAL SPACE.
16.3. The personal files have been declared to CNIL under the number 1796302 in accordance with law number 78-17 of 6 January 1978 on computers, files and freedoms. In accordance with Articles 38 and following of the aforementioned Act, the user having completed an online registration form has a right of information, opposition, access and rectification of personal data. His right is exercised by sending a letter by ordinary post to the registered address indicated in the header hereof, or by email at the following address: email@example.com , and stating their name, date and place of birth, address and email username and password.
16.4. PROJECT OWNER has the right to use the contributors’ e-mail address in the project for which they are seeking funds. It is their job to make a CNIL declaration.
CREDOFUNDING grants itself the right to use the CONTRIBUTORS emails in the PROJECT or for other purposes than the PROJECT (invitations, call for other projects etc.). The CONTRIBUTOR allows CREDOFUNDING AND/OR PROJECT CARRIER and/or its PARTNERS to use their email address for other purposes than the PROJECT which it contributes (invitations, calls to other projects, etc.).
16.5 None of the information provided by USER when creating their personal space is visible to other USERS. This information is protected by a USERNAME and a password so that only the USER has access to their personal information.
16.6. The password of the USER is personal and confidential. The USER is solely responsible for the use of their password. The user undertakes to keep their password secret and not disclose it in any form whatsoever. In particular, they are responsible for the use of their password by a third party for the execution of transactions. More generally, it is solely responsible for the use and conservation of the identifiers it has created.
16.7. Neither a PROJECT OWNER nor anyone else will ever ask a CONTRIBUTOR’s password via a phone call or unsolicited email. The CONTRIBUTOR also must not forget to disconnect from its CONTRIBUTOR space or close the browser window after its work session. They will thus avoid people accessing their personal information in case of a shared computer, or work in a personal, professional or public place.
- INTELLECTUAL PROPERTY
The content of the platform cannot be modified, copied, distributed, framed or reproduced without the agreement of CREDOFUNDING. The CREDOFUNDING brand is a registered trademark with the INPI under the number 4110018 in classes 35, 36, 38 and 45, the company CREDOFUNDING, simplified joint stock company with capital of 10,000 euros registered with the trade and companies of Lyon under number 807 647 615 and whose registered office is located 41 rue Laure Diebold 69009 Lyon. Any representation and/or reproduction and/or partial or total use of this trademark or logo of any nature whatsoever, in particular for advertising purposes is totally prohibited without the express prior agreement of CREDOFUNDING .
- DURATION - SUSPENSION - TERMINATION
Upon termination and for any reason whatsoever of the PLATFORM’s SERVICE, CREDOFUNDING will instruct ESTABLISHMENT OF PAYMENT to reimburse the CONTRIBUTOR.
- APPLICABLE LAW AND COMPETENT JURISDICTION
It is explicitly stated that these Conditions are governed by French law. Any dispute that would arise during the execution of this contract will be submitted to the competent courts of Lyon.
- LEGAL NOTICES
21.1 WEBSITE editor of CREDOFUNDING: the site of the platform is edited by CREDOFUNDING SAS.
21.2 Host of CREDOFUNDING WEBSITE:
- OVH - Simplified joint stock company with capital of € 10,059,500
- RCS Lille 424 761 419 00045
- APE Code 6202A
- Headquarters: 2 rue Kellermann - 59100 Roubaix - France
21.3 Publication Director: Mr. Eric DIDIO
21.4. Contact for any claim:
- CREDOFUNDING, 41 rue Laure Diebold 69009 LYON
- Mail: firstname.lastname@example.org
- Phone: 04.82.53.84.43
Last updated : 22.01.2016