Terms and conditions

PREAMBLE:

SILKPAY (hereinafter referred to as "the Company" or "SILKPAY") is a simplified joint-stock company with capital of € 1280, whose registered office is located at 95 Avenue du Président Wilson, CS5003, 93108 Montreuil CEDEX.

These General Conditions of Use and Sale (hereinafter "GCOS") define the legal framework for the use of the services offered by the company SILKPAY its subsidiaries or all associated companies.

By any use of the SILKPAY Services, the Customer accepts without reservation these GCOS. He declares and acknowledges, therefore, that he has read these General Conditions.

In the event that the Customer does not wish to accept all or part of the present GCOS, he is asked to give up any use of the Services.

The present GCOS can be the subject of an update without notice.
It is possible to contact the Company at the address indicated above, or by email at contact@silkpay.fr

 

ARTICLE 1 : DEFINITIONS

In the present GCOS, words or expressions beginning with a capital letter have the following meanings:

•       Subscription : means the subscription to Services subscribed by a Custome

Purchase Order : refers to the Customer's order for the provision of the Services, as well as all its specific features.

•       Customer (s) : means any legal or natural person who has subscribed to a SILKPAY Subscription and can benefit from the SILKPAY Services;

•       Network : refers to the whole of the installation providing transmission and / or routing between the endpoints of this data network or telecommunications signals, as well as the exchange of information. The fact that the network is internal, local, public, private or otherwise is without influence

•       Service (s) : refers to all functions, facilities, uses, training, information, solutions, partner and / or promotional offers or any other accessible services offered by Silkpay.

•       Site : means the SILKPAY website available at https://www.silkpay.fr

 

ARTICLE 2 : PURPOSE AND SCOPE

SILKPAY publishes "SILKPAY" Services enabling its Customers to accept Alipay and WeChat Pay mobile payment solutions.

The "SILKPAY" Services are accessible after subscribing to a Subscription implying that the Customer provides accurate and up-to-date information concerning him. Subscribing conditions for a Subscription are defined in Article 4, below.

The Services are accessible to all Customers with internet access. All costs related to access to the Services, whether material costs, software or Internet access are exclusively the responsibility of the Customer.

By using the SILKPAY Services, the Customer declares to accept without reservation the present GCOS. He declares and acknowledges, therefore, having read and understood the provisions of these Terms. At any time, if a Customer disagrees with any of the terms of the GCUV, he must immediately terminate the use of the Services.

These Terms and Conditions define the legal framework for the use of the SILKPAY Services by the Clients and the relations that may be established between the Company and the Clients. These GCOS also contain information relating to the rights of Customers to the restrictions imposed on these rights by laws or regulations.

 

ARTICLE 3 : COMING INTO FORCE - DURATION

1.     These Terms constitute the entire agreement between the Customer and SILKPAY regarding the use of the Services. They replace any previous agreement.

2.     The Customer acknowledges that it may be subject to additional terms and conditions applicable when using or purchasing certain other services, affiliate services, content or third-party software.

3.     These Terms of Use are applicable throughout the term of Subscription to the Services.

4.     SILKPAY Company reserves the right to modify the present GCOS at any time. Any changes will take effect as of their publication. Clients agree to be informed of the updated GCOS by their publication on the Back Office SILKPAY interface, accessible from the internet at the following address: https://extranet.silkpay.fr/ using the accesses provided to Customers at the moment his registration with the Service.

5.     By continuing to use or accessing the Services after the effective date of the updated GCOS, the Customer declares that he / she has taken note of the updates and accepts any modifications made thereto. These conditions govern any conflicts that may arise before the effective date of the updated GCOS.

6.     The latest version of the GCOS available online will prevail, if necessary, on any other version of these GCOS.

 

ARTICLE 4 : SUBSCRIPTION - ORDER

4.1. Subscription 

To become a Customer, subscription to a Subscription is mandatory. To do this, the Customer provides SILKPAY with the following information:

·       Registration certificate ;

·       Signed company statutes ;

·       Full bank details ;

·       Identification of one of the effective managers;

·       Identification of all beneficial owners (holding at least 25% of the capital or voting rights) ;

·       Pictures of the store;

·       Phone number ;

·       Main email address;

·       Official supporting documents of all the managers and beneficial owners;

To validate your Subscription, the Customer must return a signed Purchase Order by mail to the following address: Silkpay SAS, 55 rue la Boetie, 75008, Paris - France or by email at contact@silkpay.fr.

By subscribing, the Customer confirms that all information provided to SILKPAY during registration is accurate and complete, that it will update the information so that it remains up to date and that it accepts the terms of these GCOS.

Unless stipulated otherwise in a Purchase Order, the Services are granted for a period of twelve (12) months.

The Services will then be renewed for a period of one (1) year by tacit renewal. The Customer who decides not to renew its Subscription must notify this decision to SILKPAY  by sending a registered letter with acknowledgment of receipt three (3) effective billing months before the end of the current period.

Each Subscription renewal period will result in the payment of the fixed price, which may then be modified, and will necessarily be made by direct debit from the bank account indicated at the time of subscription, regardless of the method of payment chosen by the Client for the purposes of billing at the moment of the initial Subscription.

4.2. Order

4.2.1 SILKPAY offers its Customers Marketing Services on request.

Each order placed is preceded by a file opening. The Company will then proceed to the study of the Client's project and send a quote based on the information provided by the Client.

The quote is free and sent to the Customer by any means. It specifies in particular the content of the Marketing Services, the methods used to determine the price as well as the estimated delivery times for the said Marketing Services.

To confirm the order in a firm and definitive manner, the Customer must return to the Company the quotation signed with the mention "good for agreement" or express its clear and unambiguous agreement by any means (e-mail, etc.). The contract will be validly concluded between the Company and the Customer after signature of the estimate or the manifestation of any agreement of will and irrevocably commit them.

If Silkpay does not receive the signed Purchase Order within 15 working days or any agreement sent by the Customer, the Company reserves the right not to perform the Marketing Services object of the quote. If Silkpay does not receive the signed Purchase Order within one month from the date of its communication, the quote is deemed to be invalid.

In case of cancellation of Marketing Services by the Customer after the signature of the quote, for any reason except force majeure and before any start of execution, the deposit paid to the order, as defined in the article "Conditions and deadlines for payment "of these CGVU, will automatically be acquired by the Company and may not give rise to any refund.

4.2.2 The estimated time of execution of the Marketing Services will be indicated on the estimate or the quote. This estimated time runs from the receipt of all documents and information necessary for the execution of the Services provided.

The turnaround time will vary according to the needs of the Customer and any request for modification requested by the Client during execution will extend the execution time of the Marketing Services.  

 

ARTICLE 5. DESCRIPTION OF OFFERS - SUBSCRIPTIONS

5.1 Payment Services Subscriptions

In return for payment of the Subscription, SILKPAY grants the Customer a right of access and use to its Payment Services. This right of access and use is granted for the sole needs of the Customer's operation within the limits of the acquired rights defined in the Purchase Order.

Once the Subscription is signed by the Customer, SILKPAY undertakes to provide the Services in accordance with the provisions of the corresponding Order Form, which specifies in particular the content, the limitations, the duration if it is extended, the associated procedures, the how to set up Updates and Support. Included in Subscription to Services:

·       The creation of an Alipay account and / or WeChat Pay in the name and on behalf of the Customer ;

·       Access to the SILKPAY back office interface linked to the Customer's account ;

·       Silkpay support and support.

In addition to subscribing to the Subscription, the SILKPAY Customer may benefit from the following services, in accordance with the provisions of the corresponding Purchase Order:

·       Integration of SILKPAY Solution with the Customer's payment terminal; SILKPAY grants the Customer a right of access and use to the Solution. This right of access and use is granted for the needs of the Customer within the limits of the acquired rights defined in the Purchase Order.

·       The rental to the Customer of a point of sale terminal containing the SILKPAY Solution after payment of a deposit. The amounts of the rental and the deposit are specified in the Order Form. The point of sale terminal will be handed over after signature by the Customer of a rental agreement attached to the Purchase Order.

·       The putting into service of the point-of-sale terminal in the Customer's premises enabling the Customer to use the SILKPAY Services under the conditions defined in the Purchase Order.  

·       Maintenance (repair, replacement in case of malfunction) of the point of sale terminal.

5.2. Marketing Services

SILKPAY offers its Customers, in addition to Payment Services, marketing solutions for Alipay and Wechat mobile applications. Marketing Services are freely defined by the Client according to his needs.

The Marketing Services detailed below, without this list being exhaustive, may be subject to Annual Subscriptions in accordance with the provisions of the corresponding Purchase Order:

·       Customer referencing on the Alipay platform ;

·       Creation of promotional coupons on the Alipay platform to generate traffic to the Customer point of sale (web-to-store) ; 

·       Update information on the products / services offered by the Customer ;

·       Participation in marketing campaigns sponsored by Alipay ;

·       Personalized Customer's brand design by displaying photos, videos and presentation of the products on the home page of the Customer's shop ;

·       Customized design of promotional coupons ;

·       Display of the products and services of the Customer ;

·       Coupon performance analysis ;

·       Customer Analysis ;

·       Access to a network of business partners ;

·       Promotion and communication on partner platforms ;

·       Improved visibility ;

·       Customization of the QR code (according to request) ;

·       Creation of the "Alipay Life style" account allowing the Customer to manage his followers on the Alipay social network, to send push notifications, to redirect them to a website or an e-commerce site ;

·       Sending geo-localized push notifications ;

·       Banner below the payment validation ;

·       Dedicated marketing advisor ;

The Marketing Services detailed below will be the subject of an additional Purchase Order after the initial quote established by SILKPAY.

·       Creation of the official account of the Client on the WeChat Chinese social network allowing the Customer to manage his followers on the social network, to send push notifications, to redirect them to a website or an e-commerce site ;

·       Content management of the client's official WeChat account ;

·       Creation of a WeChat Customer Online Store or an internal WeChat application without download (mini program);

·       Creation and sharing of promotional coupons of the Client on WeChat ; 

·       Advertising with a link to track the official account of the Client  ;

·       Advertising allowing the diffusion of photos of the Customer in "Moments";

·       Advertising allowing the diffusion of videos of the Customer in "Moments";

·       Interactive advertising (HTML5 link) in "Moments";

·       Creation and dissemination of a promotional video ;

 

5.3 Support

Throughout the period of supply of the Services, SILKPAY provides the Designated Clients with assistance as follows:

·       By email at service@silkpay.fr from Monday to Friday from 8am to 6pm without interruption;

·       By phone on 07 83 67 09 89, 7 days a week and 24 hours a day.

The purpose of this assistance is to inform SILKPAY of the possible malfunctions of the Services, not attributable to misuse or modification of access by the Customer. 

If the intervention of Silkpay is requested for a fault whose cause is related to an error or a failure of the Customer, the costs may be charged to the Customer. 

 

ARTICLE 6. PRICE CONDITIONS   

6.1 Price

The prices fixed on the Purchase Order or on the quotation are in euros excluding taxes. The financial conditions as well as the price details are mentioned on the Purchase Order or the quote.

Any change to the initially determined scope will be subject to a Purchase Order or an additional quote.

6.2 Modalités de facturation

6.2.1 Unless otherwise stipulated and specified in the Purchase Order, the order will be billed monthly in arrears. An invoice will be sent to the Customer on the last day of the month preceding the payment.

6.2.2 All of the Marketing Services performed on estimate will be fully paid after validation of the quote presented. The balance of the price is payable in installments.

Unless otherwise stipulated and specific in the Purchase Order, a deposit between 10 and 40% of the total price of the order must be paid to Silkpay within seven (7) working days from the final confirmation of the order.

A second payment corresponding to the balance of the remaining price must be paid within thirty (30) days from receipt of the invoice.

Any decision to remit, reduce or apply degressive rates, according to a percentage or a flat rate, remains at the sole discretion of the Company and only for the order which is subject to it. Any discounts or rebates granted to the Customer can not in any case give rise to a right acquired for subsequent orders.

In the event that payment is made by direct debit, the Customer must validate and return the debit authorization (SEPA Mandate) sent to SILKPAY. Failing receipt of this authorization, the Subscription will be terminated.

6.3 Late payments

 

In the absence of payment on the due date, a penalty for late payment calculated on the basis of an interest rate fixed at three (3) times the legal interest rate as well as a lump sum indemnity for recovery costs. sixty (60) euros excluding tax will be payable by SILKPAY without prior notice. If applicable, when these costs exceed the amount of this compensation, SILKPAY may claim additional compensation from the Customer, upon presentation of the supporting documents specifying the work performed. These indemnities will not be applied in cases where the Client justifies that he is the subject of a reorganization or liquidation procedure.

SILKPAY reserves the right, thirty (30) days after the sending of the formal notice to pay, in the form recommended, remained partially or totally ineffective, to suspend access to the Services and any service in progress until full payment of sums due. This suspension can not be considered as a termination of the Subscription.

Any unpaid fees, following a bank rejection of a payment from the Customer, will remain at the financial expense of the latter.

 

ARTICLE 7: OBLIGATIONS

Customer agrees to use the Services only for lawful, proper purposes and in accordance with these GCOS and all applicable regulations or guidelines and within the scope of business declared when subscribing to the Silkpay Subscription. As a result, the Customer agrees to report as soon as possible to SILKPAY any change in business lines.

When using the SILKPAY Services, the Customer is prohibited from:

Impersonate another natural or legal person, falsify or delete copyright notices, legal notices, proprietary notices or labels concerning the origin or source of Services or any other other elements.

Delete the copyright, trademark and property rights notices in the Services and / or related documents;

Prevent some or all other Clients from accessing or using, using or benefiting from the Services;

Use the Services for any purpose that is unlawful, prohibited or likely to violate public order and / or morality;

Interfere with or interrupt the Services, or the servers or networks connected to the Services, or violate the requirements, procedures, regulations or regulations of the connected networks;

Use a robot, spider, or other device to recover or index all or part of the Services, or to collect information about the Clients for unauthorized purposes;

Create Accounts automatically or for misappropriation or fraudulent purposes;

Promote or provide instruction on illegal activities, or promote physical or moral violence towards a group or person;

Offer any commercial promotion or preferential rates of any other company or service;

Transmitting viruses, worms, faults, Trojan horses or any other item of a destructive nature or likely to steal or reveal data from another client.

Customers acknowledge and agree that they may be exposed to such behaviors that SILKPAY prohibits and uses the Services at their own risk.

The Customer agrees that, unless expressly stated otherwise in the provisions of these Terms, no third party may be beneficiary of these Terms.

 

ARTICLE 8: LIABILITY

Use of the Services is granted "as is" without warranty of any kind, express or implied, as to its performances or outcomes. The inherent risks of quality, performance or result are based on the Customer alone.

Expressly, SILKPAY is subject to an obligation of means for the performance of the obligations incumbent on it under these Terms.

The Customer remains in any case responsible for the use he makes of computer equipment, as well as those used in connection with SILKPAY. At no time does SILKPAY vouch for the reliability or the functioning of the networks and means of telecommunications used. SILKPAY can not be responsible for the quality, availability and reliability of telecommunications networks, whatever their nature, in case of transport of data or access to the Internet, even when the supplier is recommended by SILKPAY.

SILKPAY can not be held liable, with regard to the Customer or third parties, for indirect damages, as defined by the jurisprudence and the French courts. Constituting indirect damage: loss of profits, increased overhead, loss of profit or customer, any operating loss, loss of profit or financial loss resulting from the inability to use the Services.

In any event and regardless of the basis of liability of SILKPAY, the damages and any repair due to the Customer can not exceed the sums paid by the Customer in the context of the operation of the Solution for the year during which the damage giving rise to the right to compensation occurred.

The Customer undertakes to limit the extent of his loss in the event of default by the other Party. Only non-avoidable harm will be compensated.

SILKPAY reserves the right, at any time and from time to time, to modify or interrupt, temporarily or permanently, the Services, with or without notice.

SILKPAY will not be held liable, vis-à-vis Customers or third parties, for any modification, suspension or interruption of the Services.

 

ARTICLE 9: GUARANTEE

9. 1 Guarantees provided by the Customer

The Customer undertakes to guarantee and report to SILKPAY and its affiliates, affiliates, representatives, agents and staff, advertisers or partners any claim resulting from the use not in accordance with these GTCU, the non-compliance by him of these GTCU or other actions by him related to a prohibited use of the Services or the Content.

It also agrees to report to SILKPAY, its affiliates, affiliates, representatives, agents and staff, advertisers or partners any liability or expense resulting from claims, losses, damages (direct or indirect), lawsuits, judgments , court fees and counsel fees of any kind.

9.2 Exclusion of guarantee from the Company

The Customer expressly acknowledges (i) that he uses the Services at his own risk; (ii) that SILKPAY does not garantee that the Services will meet the Customer's needs; (iii) that SILKPAY does not guarantee that access and use of the Services will be continuous, fast and error-free; (iv) that SILKPAY does not warrant that the results obtainable from the use of the Services will be accurate and reliable; (v) SILKPAY does not guarantee that any errors in the Services will be corrected.

No information or any written or oral information obtained by the Customer from SILKPAY or via the Services shall create any warranties that are not expressly stated in these Terms.

 

ARTICLE 10. PROPERTY OF THE SOLUTION

The provision and integration of the Solution to the Customer does not confer any title or intellectual property rights on the Solution. SILKPAY owns all applicable intellectual property rights relating to the Solution or declares, when a third party owns the intellectual property, to have obtained from this third party the right to market or distribute the Solution.

As such, the Customer shall not in any way interfere with the Solution and in particular use the Solution in a manner that is not in accordance with its purpose and the conditions set by the GCOS. Consequently, the Customer is prohibited in particular, and without this list being exhaustive:

• reverse engineer the Solution in order to develop a competing product or service and / or copy, reproduce any features, functions or any graphic attributes of the Solution.

• use the Solution other than in accordance with its professional purpose, that is to say in accordance with their documentation and for the sole professional needs of the activity;

• distribute the Solution, exploit it for commercial purposes, make it available to third parties or rent it unless otherwise provided in the relevant Purchase Order;

• alter or disrupt the integrity or performance of the Solution or the data contained therein;

• obtain or attempt to gain unauthorized access to the Solution or the systems or networks associated with it;

• download or reproduce the code of the Solution or to translate the form of this code in order to obtain the information necessary for the Interoperability of the Solution with other independently created Software;

• Make any decompilation of the Solution outside the cases provided for by law

 

ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS

11.1 SILKPAY is a trademark registered at the INPI.

11.2 All such intellectual creations are protected by copyright, trademark, patent law, sui generis database rights and image rights for the entire world.

Any form of total or partial copy, aspiration and reproduction of the Services is strictly prohibited without the prior written consent of the Company.

11.3 The Company grants Clients and, more generally, all Clients a personal, royalty-free, non-transferable and non-exclusive license to use its Services. This allows the Customer to use the Services, in accordance with the terms and conditions authorized by these Terms of Use.

Except in the case of specific written authorization given by SILKPAY, the Customer is not authorized to assign (or sub-license), grant a right of retention or to transfer, in any way whatsoever, any portion its rights to use the Services.

Customer is not authorized to copy, modify, create derivative works, reverse engineer, decompile or otherwise attempt to reproduce, reconstruct or retrieve computer data, nature of the Services.

The Customer agrees not to modify or attempt to modify, in any way whatsoever, reproduce, duplicate, copy, rent, lease, give a loan, distribute, exchange, to sell or resell any part of the Services.

Customer agrees not to access or attempt to access the Services in any manner other than through the interfaces provided by SILKPAY, or to use modified versions of the Services for the purpose of gaining unauthorized access.

11.4 In addition, the Customer acknowledges and agrees that the Content contained in the advertisements and information displayed therein through the Services and / or advertisers is protected by copyright, trademark, trade mark and copyright laws. services and patents, or other rights and laws on property.

11.5 Under the subscribed subscription, the Customer grants to SILKPAY a non-exclusive, transferable, sublicensable, royalty-free and worldwide license for the use of the intellectual property contents.

 

ARTICLE 12: PROTECTION OF PERSONAL DATA

Data protection as a subcontractor

It is reminded that SILKPAY acts as a subcontractor, on the instructions of the Customer, who is qualified as person in charge of the processing of Personal Data. The Customer is informed that it is his responsibility to proceed, under his sole responsibility, to the steps, declarations and requests for authorization provided for by the laws and regulations in force concerning any treatment he carries out.

More generally, it will be up to the Customer to comply with any applicable local legislation requiring a particular method of administrative declaration relating to personal data. The Customer guarantees to comply with all the obligations incumbent upon him with regard to Personal Data.

Whenever personal data is collected or transferred by the Customer or by SILKPAY on the instructions of the Customer, it is the responsibility of the Customer to ensure that the collection, processing and / or transfer of Personal Data is authorized.

The Customer is and remains responsible for the data. SILKPAY shall not use, modify, assign or transfer to a third party, in whole or in part, for a consideration or free of charge, the data that may have been communicated to it by the Customer.

Newsletter

Depending on the choices made by the Customer, he may be the recipient of the newsletter.

By expressly agreeing to this end, the Customer agrees that SILKPAY may send him a newsletter (newsletter) that may contain information on new activities proposed by SILKPAY Partners. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

ARTICLE 13: SECURITY

Internet is an open international telecommunication network to which the Customer can access through any terminal. To access the Services and the Services, the Customer must comply with the technical requirements.

The Customer is fully responsible for the correct operation of the point-of-sale terminal provided by SILKPAY and its connection to the internet. As such, the Customer must ensure that this equipment does not present a problem to prevent the risk that a third party gets access to the data that this space contains.

The Customer must make every effort to preserve this security. For this, the Customer must ensure in particular, there is no risk of hostile programs or viruses accessing and disrupting point-of-sale systems.

The Customer assumes the technical risks related to a power failure, an interruption of connections, a malfunction or the overload of networks or systems.

The Customer acknowledges that he must contact the Internet Service Provider of his choice to access the Services. In this context, the Customer acknowledges that it is up to him to choose his Internet service provider and to set the terms of his relations with him.

 

ARTICLE 14: TERMINATION

14.1: General provisions

SILKPAY reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to maintain it, or for any other reason, without the interruption opening right to no obligation or compensation.

SILKPAY may at any time and for any reason (including following a period of inactivity of the Account for a period of one consecutive year of a Customer), terminate a Customer's access to the Services , suspend or terminate his Subscription.

14.2: Termination

In case of breach of these Terms and the performance of its obligations, and failing this SILKPAY to remedy, the Customer may terminate the Subscription by registered letter with acknowledgment of receipt, thirty (30) days after implementation remains notifying the deficiencies found, remained unsuccessful.

The termination of the Customer's Subscription will result in the immediate deactivation of the Customer's point of sale terminal. Customers will no longer be able to access the Services.

SILKPAY reserves the right to terminate the Subscription unilaterally at any time, in the event of unauthorized use, real or suspected, of the Services.

If SILKPAY terminates the Subscription, for any of the reasons stated in these TOU, SILKPAY will not be liable and will not refund any money previously paid.

Whatever the cause of termination of the Subscription, the Customer will no longer be able to access the Services or any file or content contained therein.

 

ARTICLE 15. FIGHT AGAINST TAX FRAUD

The Customer guarantees that he uses the Services provided by SILKPAY in compliance with applicable laws and regulations, particularly in tax matters. More specifically, in the event that SILKPAY is held jointly and severally liable by the tax authorities for the payment of the rights reminders issued due to the irregular use by the Customer of the Services placed at his disposal, the Client undertakes to indemnify fully SILKPAY, ie up to the amounts claimed by the administration.

 

ARTICLE 16: ADVERTISING

Unless explicitly stated otherwise by the Client, notified by mail with acknowledgment of receipt, the Company reserves the right to make use, mention, representation or reproduction, on any medium of communication, and for promotional, advertising, commercial or referencing purposes, the name of the Customer, its logo, its brand free of charge and without time limitation.

Finally, the Customer expressly authorizes the Company to use, for purely demonstrative purposes, its textual and / or iconographic content.

 

ARTICLE 17: FORCE MAJEURE

Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and suspends in this respect the obligations of the parties, as for example without this list being restrictive: a strike or a technical failure (EDF, ERDF, telecommunications operators, Internet access or hosting providers, registrars, etc.), a power supply shutdown (such as electricity), a malfunction the electronic communication network on which the Company depends and / or networks that would replace it.

 

The Company can not be held responsible, or considered as having failed in its obligations provided for in these Terms, for a non-performance related to a case of force majeure as defined by law and French jurisprudence, provided that it notifies the other party on the one hand, and that it does its best to minimize the damage and to fulfill as soon as possible its obligations after cessation of the force majeure case on the other hand.

 

ARTICLE 18: ENTIRETY

The provisions of these Terms and Conditions express the entire agreement between the Clients and the Company. They prevail over any proposal, exchange of letters before and after the conclusion of the present, as well as on any other provision contained in the documents exchanged between the parties and relating to the object of the GCOS, except amendment duly signed by the representatives of the two parts.

 

ARTICLE 19: NON RENUNCIATION

The fact that one of the parties to these Terms and Conditions has not required the application of any clause, whether permanently or temporarily, may in no circumstances be considered as a waiver of the rights of this party arising of said clause.

 

ARTICLE 20: NULLITY

If one or more provisions of these Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a decision that has become final from a competent jurisdiction, the other provisions of these GCUV will keep all their strength and reach.

If applicable, the Company undertakes to immediately delete and replace the clause with a legally valid clause.

 

ARTICLE 21: JURISDICTION - APPLICABLE LAW

These General Conditions are governed by French law.

In the event of any dispute that may arise in connection with the interpretation and / or execution of these Terms of Reference or in relation to these Terms, the Parties undertake to make every effort to resolve amicably all disputes to which these GCUs may give rise.

Thus, in the event of a dispute between a Client and the Company, the parties agree to negotiate in good faith the settlement of the dispute. If the parties fail to settle the dispute after at least 30 working days of negotiation, the dispute will be settled before the jurisdiction of the City of Paris with exclusive jurisdiction.

 

ARTICLE 22: CONTACT

Please contact Silkpay at contact@silkpay.fr to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.