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Services de paiement du Treezor

These terms and conditions can be easily accessed on the Website as well as on the menu of the Application and can be easily downloaded in a PDF format from the Website. They are applicable from 1st November 2020 onwards and replace all previous terms and conditions on the same matter.

These terms and conditions shall apply to all business clients of Skipr having accepted the “Skipr for business” terms and conditions and having decided to use Skipr payment cards pursuant to article 3.5 of these “Skipr for business” terms and conditions (the “Payment Services”). They shall apply in addition to any general or special conditions applicable to any kind of product or service offered directly or indirectly on the Application, on the Website, per e-mail or per telephone as the case may be, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from Skipr (but shall not overrule “Skipr for business” terms and conditions). However, by accepting the application of these terms and conditions, the User expressly accepts the application of the terms and conditions of the service provider offering its services and/or products on the Application.

Preamble

1. SKIPR, a public limited liability company (“société anonyme” / “naamloze vennootschap”) organised and existing under the laws of Belgium, having its registered office at rue du Belvédère/Belvederestraat 29, 1050 Brussels (Belgium), registered with the Register of Legal Entities of Brussels under undertaking number 0712.537.551 and available at hello@skipr.co (hereinafter referred to as “Skipr”), has developed a mobile application, called Skipr (the “Application”), which aims at offering its users a tool allowing them to search for multiple routes for a given travel, and to choose, book and proceed with the payment of the corresponding third parties’ mobility solutions, e.g. train, bus, taxi, bike, etc. (the “Mobility Services”), aggregated from services of different transportation service providers.

2. Treezor, a simplified joint-stock company (SAS), organised and existing under the laws of France, registered with the Paris Trade and Companies Register under the number 807 465 059, having its registered office at 41 rue de Prony, 75017 Paris (France), acting as an electronic money institution within the meaning of article L.525-1 of the Monetary and Financial Code and approved by the Autorité de Contrôle Prudentiel et de Résolution ("ACPR"), located at 4 Place de Budapest CS 92459 75436 Paris Cedex 09 in its capacity as an electronic money institution under number 16798 (said approval can be found on the ACPR website in the Registry of Financial Agents (REGAFI - www.regafi.fr), is a Payment Service Provider working with Skipr on the payment services offered through the Application (hereinafter referred to as “Treezor”).

3. Any business clients being an Employer (as defined in the “Skipr for business” terms and conditions) willing to use the payment cards and services provided by Treezor through Skipr pursuant to article 3.5 of the “Skipr for business” terms and conditions must accept these terms and conditions (the “Terms and Conditions”) which constitute the commercial partnership agreement entered into between said Employer, Skipr and Treezor (hereinafter referred to as the “Parties”) and setting out the terms and conditions thereof.

1. Purpose of the Terms and Conditions

The purpose of these Terms and Conditions is to govern the use of the Payment Services provided by Treezor to an Employer, through the services offered by Skipr, in return for the payment by the Employer of the fees agreed upon with Skipr pursuant to “Skipr for business” terms and conditions.

It governs the conditions for opening, operating and closing a Payment Account. The Payment Account is individual and only allows for own-account Payment Transactions.

2. Description of the PAYMENT services

The online Payment Services provided by Treezor to the Employer are the receipt and execution of Payment Transactions as further detailed in these Terms and Conditions.

Treezor does not accept cash deposits, remittance of cheques, and does not offer any payment or related services, other than those specifically described in these Terms and Conditions. Treezor does not grant any credit or overdraft.

The Employer acknowledges that it can only open a Payment Account assigned exclusively to the performance of Payment Transactions within the framework of the use of Skipr services pursuant to “Skipr for business” terms and conditions.

Any eligible Employer may send, via the onboarding process defined by Skipr, a request to open a Payment Account used for the purpose of executing Payment Transactions. To this end, it must fulfil the conditions set by Skipr pursuant to “Skipr for business” terms and conditions and attach the documents listed in Appendix and any other document requested by Treezor.

If the account opening request is accepted by Treezor, in accordance with these Terms and Conditions, the prospect becomes holder of a Payment Account. The Employer may subscribe to one or more Cards, the terms and conditions of which are provided in the Card terms and conditions, available on the Website and on the Application. For this purpose, it must designate each natural person becoming a cardholder by their name and surname. It will deliver the Card to each of these persons, who must accept the Card terms and conditions in order to activate their Card.

Access to the online Profile is secured by an Identifier and a password that the Employer shall refrain from disclosing to third parties, in particular by taking all necessary measures. This is an essential condition to secure the relationship between Treezor and the Employer. To be able to accept the Terms and Conditions and use the Payment Services, the Employer must have equipment (hardware and software), for which it is solely responsible, compatible with the Website and the Application as well as an internet or telecom connection. The Employer is personally responsible for the evolution or updating of the equipment necessary to use the Payment Services. In particular, the Employer shall refrain from breaking the native protection of the operating system of its equipment and shall protect its equipment with an anti-virus and firewall produced and developed by a software publisher known and reputed for the reliability of its solutions.

3. Acceptance of the Terms and Conditions by the EMPLOYER

The Terms and Conditions are accepted by the Employer through the onboarding process via the Website and shall, in any case, be considered as accepted upon the Employer requesting the opening of a Payment Account. 

4. Definitions

Unless otherwise defined in the body of these Terms and Conditions, capitalized terms and expressions used but not defined in these Terms and Conditions shall have the meaning ascribed to them in “Skipr for business” terms and conditions.

Article

an article in the Terms and Conditions.

Appendix

an appendix to the Terms and Conditions.

Strong authentication

the authentication method that relies on the use of two or more elements that fall into the categories of "knowledge" (something that only the Employer knows), "possession" (something that only the Employer has) and "inherence" (something that the Employer is) and that are independent in the sense that the compromise of one does not call into question the reliability of the others, and which is designed to protect the confidentiality of authentication data within the meaning of article 4, 30 of Directive 2015/2366 of the European Parliament and of the Council of November 25, 2015 on payment services in the internal market.

Beneficiary

natural or legal person acting as recipient of a Payment Transaction.

Card

systematic authorisation card issued in the name of the Employer and associated with the Payment Account.

Payment Account 

account held by Treezor on behalf of the Employer used exclusively for the purpose of executing Payment Transactions carried out pursuant to “Skipr for business” terms and conditions. 

Card Account

technical account denominated in euros attached to the Payment Account to which the Card is associated, enabling the execution of Card Payment Transactions in euros.

Terms and Conditions

this document.

Effective date of termination

the effective date of termination by the Employer, which occurs at the end of a period of one (1) month from the date on which Treezor receives the termination request notified by the Employer in accordance with Article 10.3.

Foreign Currency

available foreign currencies as indicated by the Partner on the Site.

Personal data 

Personalised Security Data

all information of a personal nature concerning any representative of the Employer or any Card holder, a natural person who is identified or may be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to them.

data provided by Treezor to the Employer for authentication purposes. It includes in particular the Identifier and any other data that may be linked to the Strong Authentication procedure.

Identifier

a sequence of characters used by the Employer to identify itself on the Website and/or the Application and to use the Payment Services.

Business Day

a calendar day, with the exception of Saturdays, Sundays and public holidays in Belgium, on which the payment infrastructures and banks carry out their activities on a regular basis.

Payment Order

instruction transmitted a) by the Payer, who gives a payment instruction to its Payment Service Provider (Payment Order by bank transfer); b) by the Payer, who gives a payment instruction through the Beneficiary who, after receiving the payment order from the Payer, transmits it to the Payer's Payment Service Provider, if applicable, through its own Payment Service Provider (Payment Order by card); c) by the Beneficiary, who gives a payment instruction to the payer's Payment Service Provider, based on the consent given by the Payer to the Beneficiary and, if applicable, through its own Payment Service Provider (Payment Order by direct debit).

Payment Transaction

the action of transferring or withdrawing funds to or from a Payment Account, irrespective of any underlying obligation between the Payer and the Beneficiary, ordered by the Payer and the Beneficiary. 

Payer

natural or legal person giving or authorising a Payment Order.

Profile

all data associated with the Employer.

Payment Service Provider

credit, electronic money or payment institution approved by an authority established in a Member State of the European Union, in a State party to the European Economic Area or in a third country imposing equivalent obligations in terms of the fight against money laundering and terrorist financing.

GDPR

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Customer Service

Skipr's customer service, which can be reached at the number 003278250325 and email address support@skipr.co, from Monday to Sunday, from 7 am to 10 pm.

Payment Services

Payment Initiation Service

services defined in 2°, 3° and 5° of article L.314-1. I of the Monetary and Financial Code provided by Treezor and Skipr to the Employer in accordance with the Terms and Conditions.

device consisting in initiating a Payment Order (transfer) by a third party Payment Service Provider, at the Employer's request, concerning a Payment Account opened in the books of Treezor. 

Treezor Customer Complaints Service

Treezor Customer Complaints Service, reachable:

- by telephone at the following number: +33 (0)1.81 84.19.35.23 (from Monday to Friday (excluding public holidays), from 9 am to 1 pm and from 2 pm to 6 pm),
- by letter to the following address: 41 rue de Prony, 75017 Paris,
- by email to the following address: reclamations@treezor.com.

SEPA Zone

area within which the Employer may use pan-European payment means as defined by the European Payment Council and available on the website www.europeanpaymentscouncil.eu, including in particular the Member States of the European Economic Area to which is added for the purposes hereof Switzerland, Iceland, Norway, San Marino.

5. Pricing and offset

In return for the Payment Services performed, the Employer will pay Skipr the fees agreed upon with Skipr, and Skipr will be responsible for passing them on to Treezor in the amounts agreed between them. It is expressly agreed that the revocation of a Payment Order and the provision of information, in particular as provided for in Article 7 hereof, may result in the collection of specific fees.

The Employer expressly authorises Treezor to proceed to the payment of all the fees due by the Employer and payable under the Terms and Conditions by debiting its Payment Account.

The Parties agree that the reciprocal debts of Treezor and the Employer resulting from the performance of the Terms and Conditions will automatically be converted into simple credit and debit items within the limit of the available provision on the Payment Account. After offsetting, these debits and credits form a net credit or zero balance in the Payment Account. In the absence of sufficient funds in the Payment Account, the amount remaining due by the Employer after offsetting is entered on the statement of his Payment Account on a specific line corresponding to a payable debt.

Notwithstanding the foregoing, the Employer and Treezor agree to offset any liquid, payable and reciprocal debt resulting from the performance of the Terms and Conditions or any other contract. 

Treezor may also exercise a right of retention on all sums, bills and values deposited with it by the Employer, until payment of any balance and, more generally, of any other sums owed by the Employer to Treezor and Skipr. 

6. Opening a Payment Account 

Before being able to submit a request to open a Payment Account, the Employer confirms that it has legal capacity and is resident in a Member State of the European Union or in a State party to the European Economic Area. 

Any request to open a Payment Account requires the Employer to enter the requested identification elements through the onboarding process put in place by Skipr or to transmit them by any other means. The Employer authorises Skipr to transmit to Treezor the information and Personal Data concerning the Employer and the users necessary to create this request, the list of which is given in Appendix. Treezor reserves the right to request any other document or additional information, in particular to enable it to carry out the checks required to comply with its legal obligations, including those relating to the fight against money laundering. The Employer agrees that Skipr may send all such information and documents to Treezor by computer transmission on Treezor's computer systems or by post. 

Treezor carries out additional due diligence within the meaning of article R.561-20 of the Monetary and Financial Code when the conditions for application of this article are met. This will include document verification and certification measures.

Treezor may, at its own discretion and without having to justify its decision, refuse any request to open a Payment Account. This decision can in no case give rise to damages. It will be notified by email to Skipr and to the Employer. 

If Treezor accepts the Employer's request, it will confirm to the Employer, by any means through Skipr, that it accepts the opening of the Payment Account. 

To finalise the opening of its Payment Account, the Employer must create a Profile in order to be authenticated, using an Identifier, a confidential code and/or a single-use code when transmitting an Order, in accordance with these Terms and Conditions and the authentication procedures in force.

7. Functioning of the Payment Account 

General description

Treezor is responsible for maintaining the Payment Account and executing the associated Payment Transactions. 

Payment Transactions are executed by:

  • crediting the corresponding Payment Account when the funds received follow the receipt by Treezor of Payment Transactions by transfer or the acquisition of card Payment Orders, 
  • debiting the corresponding Payment Account, when the transferred funds follow the execution by Treezor of Payment Transactions by transfer or Card. 

The Payment Account is held in euros. Treezor and Skipr do not have any premises or counters and cannot offer the Employer the possibility of carrying out cash transactions, deposits or withdrawals at a counter in its network. No overdrafts may be authorised. Thus, in the event of a Payment Transaction executed in the absence of sufficient funds, Skipr will notify by any means the amount due by the Employer and its obligation to credit his Payment Account, as soon as possible, with an amount sufficient to settle said amount and any intervention costs that may be due. 

The Employer must give its consent by identifying itself and following the Strong Authentication procedure so that Treezor can execute a Payment Transaction or a series of Payment Transactions. However, consent to the execution of a Payment Transaction may also be given by mandating a Payment Service Provider providing a Payment Initiation Service. In the absence of such consent, the Transaction or series of Transactions is considered to be unauthorised. 

Payment Account information and Payment Initiation Services 

The Employer may:

- access the data of its Payment Account through a Payment Service Provider of its choice providing the account information service (online service consisting of providing consolidated information concerning one or more of the Employer's accounts opened with one or more financial institutions),
- initiate a Payment Transaction (transfer), through a Payment Service Provider providing a Payment Initiation Service.

The Employer must give its express consent to the Payment Account information provider for access to the data of the Payment Account and expressly agree to the execution of the Payment Transaction through the payment initiation provider. 

These service providers must be licensed or registered in accordance with the regulations in force.

However, Treezor or Skipr may deny a Payment Service Provider providing an account information or Payment Initiation Service access to the Employer's Payment Account on the basis of objectively justified or documented reasons relating to unauthorised or fraudulent access to the account by that provider, including unauthorised or fraudulent initiation of a Payment Transaction.

In such cases, Skipr and/or Treezor inform(s) the Employer of the refusal of access to the Payment Account and the reasons for such refusal. This information is, if possible, given to the Employer before access is refused and at the latest immediately after such refusal, unless the provision of this information is not communicable for objectively justified security reasons or is prohibited under another provision of European Union law or relevant national law.

Skipr allows access to the Payment Account as soon as the reasons mentioned above no longer exist.

Transfers

Issuance of SEPA transfer Payment Orders 

The Employer may give Payment Orders by transfer in euros from its Payment Account to a bank or payment account opened in the books of a SEPA Payment Service Provider. To this end, the Employer identifies and authenticates itself before transmitting its Payment Order, indicating in particular:

  • the amount in euros (which may not be greater than the amount of the available credit of the Payment Account after deduction of fees),
  • the Beneficiary (name and details of the Beneficiary's account),
  • the date on which the Payment Transaction is executed,
  • the frequency (optional for standing orders),
  • the reason for the Payment Order.

The Parties acknowledge that, unless expressly agreed by Treezor, the Employer and each Card holder may only issue SEPA transfers governed by a common set of rules and practices defined by the European Institutions and the EPC. It is denominated and executed in euros between two (2) banks or payment accounts opened by SEPA Payment Service Providers. 

The procedures for transmitting Payment Orders set out above have the same value as an electronic signature of the Employer or Card holder allowing their identification and proving their consent. 

The Employer acknowledges that such Payment Orders constitute irrevocable Payment Orders given to Treezor to transfer the funds to the Beneficiary's Payment Service Provider as from the date of their receipt by Treezor. The Employer's or concerned Card holder’s revocation of their Payment Order may be accepted if it is received before receipt of the Order by Treezor for immediate execution transfers and before 10 am on the Business Day before the execution date for forward transfers.

Where the Payment Order is given by a Payment Service Provider providing a Payment Initiation Service, the Employer or concerned Card holder may not revoke that Payment Order after having given their consent for the Payment Service Provider providing the Payment Initiation Service to initiate the Payment Transaction.

All transfer Payment Orders are time-stamped and kept for the legal retention period in force. It is expressly agreed that transfers will be executed at the latest at the end of the Business Day following receipt of the request for immediate transfer and on the agreed execution date for forward or standing transfers or the next Business Day if that date is not a Business Day. A Payment Order received on a Business Day after 10:00 am is deemed to be received on the next Business Day. 

Treezor may be required to refuse to execute an incomplete or incorrect transfer Payment Order. The Employer or concerned Card holder will have to re-issue the Payment Order to bring it into compliance. In addition, Treezor may block a transfer Payment Order in the event, in particular, of serious suspicion of fraudulent use of the Payment Account, unauthorised use of the Payment Account, breach of the security of the Payment Account, in the event of a freezing of assets by an administrative authority or in the event of insufficient funds on the Payment Account. 

Receipt of SEPA transfer Payment Orders

The Employer expressly authorises Treezor to receive on its Account Payment Transactions by transfer from an account opened by a SEPA Zone Payment Service Provider in euros. 

Treezor collects the funds in the name and on behalf of the Employer and credits the Employer's Payment Account as soon as possible after the funds have been credited to its own account, except in the event of a legal provision applicable to Treezor requiring its intervention. After the funds have been posted to the Employer's Payment Account, the Employer receives a payment summary containing the following information: amount, date and time, number of the Payment Transaction, name of the Payer, the account debited and the Beneficiary, the reason received by Treezor.

Cards 

The funds transferred result from card Payment Orders given by the Card holder with their Card. Only "CB" or approved "CB", Visa or MasterCard cards that allow the transfer of funds by card from account to account by the holder of said accounts are accepted by Treezor under these conditions. 

The Employer acknowledges that it will act as acceptor in receiving funds from the card networks. The Employer undertakes to comply with all applicable provisions defined by law, regulations, professional standards or the contractual provisions of the card networks that may be applicable. The Employer acknowledges that it may be subject to sanctions or fines in the event of non-compliance with these rules.

Treezor credits the Employer's Payment Account no later than the Business Day on which its own account was credited with the funds. The Employer receives a payment summary from Skipr containing the following information: amount, date and time, Payment Transaction number and reference number transmitted by the Employer.

In the event of the Employer's failure to comply with the obligations herein or with the laws in force, Treezor or Skipr may take safeguard and security measures. Treezor or Skipr may thus send a warning to the Employer, which serves as formal notice and specifies the measures to be taken to remedy the breach. Treezor or Skipr may also automatically decide, with immediate effect, to suspend the Payment Account in the event of failure to comply with the provisions hereof or in the event of violation of the legislation on the fight against money laundering and terrorist financing or any other legislation applicable to it. 

It is specified that a Card Payment Order may be the subject of a request for reimbursement by the debtor to its Payment Service Provider within thirteen (13) months following the Payment Transaction, resulting in the automatic reversal of the debit entry on the Employer's Payment Account by Treezor at the request of Skipr. The Employer undertakes to accept such a reversal.

Execution of Card Payment Orders

Treezor executes Payment Orders for the Card(s) associated with the Employer's Payment Account. The conditions of allocation and operation of the Card(s) are set out in the Card terms and conditions, available on the Website and on the Application.

Card Payment Transactions

Card Accounts are technical accounts in euros or in the Foreign Currency of the Payment Account used for the execution of Payment Transactions made with the Card. The funds credited to Card Accounts are dedicated to the execution of Card Payment Transactions. The Card Accounts must have sufficient funds in Foreign Currency or in euros before the Employer transmits the Card Payment Order.

With regard to Foreign Currencies, the foreign exchange transaction is carried out on condition that the Employer has sufficient funds in euros in its Payment Account. The conversion into Foreign Currency is carried out by Treezor on the day the Transaction is processed and at the exchange rate obtained by Treezor. 

Reporting

A statement of the Payment Transactions recorded in the Payment Account is sent or made accessible to the Employer on a monthly basis by Skipr in order to facilitate the monitoring of the Payment Account. This monthly statement will be deemed authentic between the Parties. The statement must detail the Payment Transactions charged to the Payment Account and include all transactions made by Cards in order to facilitate the monitoring of the Account. The Payment Transaction statement contains the following information: transaction amount, exchange rate applied, amount of Card Payment Transactions in Foreign Currency. The statement also shows the Card Account balance.

It is recommended that the Employer keep the Payment Account statements in case of dispute and systematically check the contents of the statement. A summary statement of fees will be made available monthly by Skipr.

8. Opposition and blocking - Challenge of a payment transaction 

Procedure for opposition by the Employer

As soon as the Employer becomes aware of a theft or loss of its data, it must request the blocking of its Payment Account as soon as possible. Declarations of fraudulent use of the Payment Account or loss or theft of the mobile phone must be made by email or telephone to Customer Service. They must be confirmed by registered letter with acknowledgement of receipt sent to Customer Service. The Employer is informed that any false declaration in connection with these Terms and Conditions is liable to the penalties provided for by law.

A registration number of this opposition is communicated to the Employer and is kept for eighteen (18) months by the Employer.

Effects of the Employer's opposition - Blocking the Payment Account

The request for opposition is immediately taken into account by Skipr, who communicates it as soon as possible to Treezor in order to block the Payment Account. Treezor cannot be held responsible for the consequences of an opposition not issued by the Employer. The request for opposition is deemed to be made on the date of actual receipt of the request by Treezor or any person appointed by it for this purpose. In the event of theft or fraudulent use, Treezor is entitled to request a receipt or a copy of the complaint from the Employer, who undertakes to reply as soon as possible.

Blocking of the Payment Account at the initiative of Treezor

In addition, Treezor may block the use of the Payment Account at its own initiative for reasons relating to its security, in the event of presumed unauthorised or fraudulent use and in the event of a significantly increased risk of the Employer being unable to fulfil his payment obligation. This decision is reasoned and notified to the Employer by any means. If a Payment Account receives a significant number of refunds, cancellations of orders or disputes for unauthorised orders, Treezor may block the operation of the Payment Account.

Challenge of a Payment Transaction

Challenge of Payment Transactions

Claims relating to commercial relations between the Employer, a Payer or a Beneficiary are not admissible with Treezor. Only those relating to the absence or improper execution of a Payment Order given by the Employer to Treezor are covered by this Article and by the Terms and Conditions.

If a Payment Transaction is executed by Treezor with errors due to the fault of the latter, the debit of the Payment Account is cancelled and the Payment Account is restored to the situation it was in before the receipt of the Payment Order concerned. Subsequently, the Payment Order is correctly represented.

The Employer who wishes to dispute a Payment Transaction not authorised by it must contact the Customer Complaints Service of Treezor as soon as possible and within a maximum period of thirteen (13) months from the date of debit of the disputed payment order to the account on which the card operates.

However, the maximum period during which the Employer may dispute a Payment Transaction is set at seventy (70) days from the date on which the disputed payment order is debited from the Payment Account, when the Beneficiary's Payment Service Provider is located outside the European Economic Area.

It is specified that any dispute that has not been formulated without delay will only be admissible in the event of a delay duly justified by the Employer.

After validation of the legitimacy of the request, Treezor will immediately after becoming aware of the Payment Transaction, and at the latest at the end of the first following Business Day, reimburse the Payment Transaction unless it has good reason to suspect fraudulent conduct on the part of the Employer.

Where the unauthorised Payment Transaction has been initiated through a Payment Service Provider providing a Payment Initiation Service, Treezor will immediately, and at the latest by the end of the first following Business Day, reimburse the Payment Transaction. Treezor will restore the Payment Account to the situation it was in if the disputed Payment Transaction had never been carried out. 

Disputes concerning the price of goods or services purchased are not admissible with Treezor. Only those relating to a Payment Transaction are covered by this Article. Treezor remains unaffected by any dispute that may arise between the Employer and a third party. The existence of such a dispute can in no way justify the Employer's refusal to honour the settlement of a Payment Transaction. 

Repayment of unauthorised or incorrectly executed Payment Transactions

In the event of a dispute by the Employer within thirteen (13) months of the debit of the Payment Account, it is up to Treezor to prove that the Payment Transaction was authorised under the conditions laid down in the Terms and Conditions. In the absence of proof by Treezor that the Payment Transaction has been authorised, Treezor will immediately, after becoming aware of the Payment Transaction and at the latest at the end of the first following Business Day, reimburse the Payment Transaction unless it has good reason to suspect fraudulent conduct on the part of the Employer.

Where the unauthorised Payment Transaction has been initiated through a Payment Service Provider providing a Payment Initiation Service, Treezor will immediately, and at the latest by the end of the first following Business Day, reimburse the Payment Transaction. Treezor will restore the Payment Account, in the form of a temporary credit, to the situation it was in if the disputed Payment Transaction had never been carried out. 

The Employer may send Treezor a request for reimbursement of a Payment Transaction ordered through the Beneficiary and authorised by the Employer if the authorisation given did not indicate the exact amount of the Payment Transaction and if the amount of the transaction exceeded the amount that the Payer could reasonably expect. This request must be made within eight (8) weeks of the date on which the funds were debited from the Payment Account and cover the entire Transaction. No request for partial reimbursement can be processed by Treezor. The Employer must provide all the elements relating to the reimbursement claimed. Treezor assesses the legitimacy of the request on the basis of these elements, the Profile of the Employer's past expenditure, the conditions of the Agreement and the circumstances of the Transaction. Treezor has ten (10) Business Days from receipt of the request for reimbursement to perform the reimbursement or to justify its refusal to do so. 

The Parties agree to take the utmost care in informing each other of the conditions of execution of a suspicious  Payment Transaction. Where appropriate, and in particular in the event of fraud or suspected fraud committed by an identified or unidentified third party, Treezor may ask for a copy of the complaint filed.

Responsibility of the Parties

Each holder of a Card must take all measures to keep their Card and preserve the confidentiality of their Personalised Security Data, in particular their confidential code. To this end, they must use their Personalised Security Data in accordance with the purposes specified in these Terms and Conditions. The Employer assumes the consequences of the use of the Card as long as it has not requested an opposition under the conditions set out in these Terms and Conditions.

Treezor is responsible for the proper execution of Payment Transactions with regard to the Employer. Where the payment order is given by the Employer, Treezor is responsible for the proper execution of the Payment Transaction with regard to the Payer until the amount of the Payment Transaction is received. Then, the Beneficiary's Payment Service Provider is responsible for the proper execution of the Payment Transaction with regard to the Beneficiary. Furthermore, neither Treezor nor Skipr can be held liable for any losses caused by unauthorised Payment Transactions in the event of fraudulent conduct on the part of the Employer, fault on the part of the Employer such as a wilful or grossly negligent breach of its obligations (such as, in particular, late submission of the opposition) or any Card holder that the Employer is responsible for. 

1. Unauthorised transactions prior to the opposition request

In the event of unauthorised Payment Transactions resulting from the loss or theft of the Card or the Personalised Security Data associated with it, the Employer bears the losses related to the use of the Personalised Security Data associated with the Card prior to the opposition described in these Terms and Conditions, within the limit of fifty (50) euros.

However, the Employer is not liable for Payment Transactions carried out:

  • without the use of Personalised Security Data; 
  • following the loss or theft of a payment instrument and if the act could not be detected by the Employer prior to the Payment Transaction; 
  • following the misappropriation, without the Employer's knowledge, of the payment instrument or the Personalised Security Data linked to it;
  • following the loss of Personalised Security Data due to the actions or failure to act of an employee, agent or service provider of Treezor;
  • without Treezor requiring Strong Authentication from the Beneficiary's Payment Service Provider.

However, when the Beneficiary's Payment Service Provider is located in a State that is not a member of the European Union or a party to the agreement on the European Economic Area, Payment Transactions resulting from the loss or theft of the Card are borne by the Employer within the limit of fifty (50) euros in the case of Payment Transactions carried out without the use of Personalised Security Data.

2. Unauthorised operations carried out after the opposition request 

Unauthorised Payment Transactions carried out after the opposition request are borne by Treezor, with the exception of those carried out by the Card holder.

As an exception, all unauthorised Payment Transactions are charged to the Card holder, with no limit on the amount, if:

  • the Card holder or the Employer has failed, intentionally or through gross negligence, to fulfil the obligations set out in these Terms and Conditions; or 
  • the loss, theft, misappropriation or any unauthorised use of the Treezor Payment Accounts or the Card is the result of fraudulent conduct by the Card holder or the Employer.

A Payment Transaction is not considered to be unauthorised or improperly executed if the goods or services it covers are not delivered or executed under the conditions laid down by the Beneficiary of the Transaction. Therefore, these Payment Transactions may not be the subject of a request for reimbursement from Treezor or Skipr.

9. Ceilings

Treezor or Skipr will define the maximum ceilings applicable to the Employer for each of the Payment Transactions on his Payment Account. These ceilings will be communicated to the Employer on its Profile and may be modified at any time by Treezor subject to one (1) month's notice. Nevertheless, Treezor or Skipr may, at any time and without prior notice, reduce the amount of the authorised ceilings to zero in the event of a risk of fraud or non-payment. Treezor or Skipr will in no event be liable for any damage that may result for the Employer from the refusal to authorise a Payment Transaction under this Article. 

The amount of the ceilings applied can be consulted by the Employer on its Profile. They will be defined by Transaction or by period (per day, per week, per month and per year).

The Employer is informed that Payment Transactions exceeding one of these ceilings will be automatically refused by Treezor. To request authorisation for such a Transaction, the Employer is invited to contact Skipr or Treezor.

10. Term of the TERMS AND CONDITIONS – AMENDMENTS – TERMINATION and resolution 

Term

These Terms and Conditions shall apply for an undetermined duration as from their acceptation by the Parties.

Amendments to the Terms and Conditions

Treezor and Skipr reserve the right to amend the Terms and Conditions at any time. 

Any proposed amendment following changes in the regulations applicable to the Terms and Conditions is notified to the Employer by Treezor, before the date of application proposed for its entry into force, following a notice period of fifteen (15) days from said notification to the Employer.

In the absence of a written objection by registered letter with acknowledgement of receipt sent to Treezor by the Employer before the expiry of this fifteen (15) day period, the Employer is deemed to have accepted these changes. In the event that the proposed amendment is not accepted within the specified time limit, the Employer may terminate the use of the Payment Services upon written request, free of charge, prior to the proposed effective date of the amendment. This request does not affect all debits (fees, contributions, payment) for which the Employer remains liable.

In the event of an amendment of the Terms and Conditions which is not due to changes in the regulations applicable to the Terms and Conditions, the proposed amendment of the Terms and Conditions is notified to the Employer, prior to the date of application proposed for its entry into force, following a notice period of two (2) months from said notification to the Employer.

In the absence of a written objection by registered letter with acknowledgement of receipt sent to Treezor by the Employer before the expiry of this fifteen (15) day period, the Employer is deemed to have accepted these changes. In the event that the proposed amendment is not accepted within the specified time limit, the Employer may terminate the use of Payment Services upon written request, free of charge, prior to the proposed effective date of the amendment. 

This request does not affect all debits (fees, contributions, payment) for which the Employer remains liable.

Termination by the Employer

The Employer may request the resolution of its agreement with Skipr and Treezor at any time. This request must be formalised by registered letter with acknowledgement of receipt sent to Skipr.

The Employer must maintain a balance sufficient to ensure the proper completion of current Payment Transactions for the time necessary to settle them and the payment of the fees due under the Terms and Conditions. 

Resolution in cease of breach

In the event of serious breach by a Party, the agreement between the Parties may be terminated with immediate effect by registered letter with acknowledgement of receipt. The resolution will take effect from the date of receipt of said letter by the other Parties.

Serious breaches by the Employer are understood to mean: providing false information, carrying out illegal or immoral activities, suspicion of money laundering or terrorist financing, threats against employees of Treezor, non-payment, failure to comply with one of his obligations hereunder, excessive debt, closure of his Profile. 

Serious breaches by Treezor are understood to mean: communication of false information, failure to comply with an obligation under the Terms and Conditions, appointment of a receiver, appointment of a judicial administrator, opening of receivership or liquidation proceedings. 

In the event of a change in the applicable regulations and the interpretation thereof by the regulatory authority concerned affecting the capacity of Treezor or its agents to provide Payment Services, the Terms and Conditions will be automatically terminated by registered letter with acknowledgement of receipt. The resolution will take effect from the date of receipt of said letter by the other Parties.

Effects of the resolution 

The Payment Account will be closed on the effective date of termination provided that all amounts due under the Terms and Conditions have been paid by the Employer. This resolution entails the termination of the Terms and Conditions and does not call into question the services previously performed or in progress on the Effective Date. The Employer will no longer be able to transmit a Payment Order as of the effective date of termination. The Payment Account may be maintained for a period of fifteen (15) months in order to cover any subsequent disputes and claims. Payment Transactions initiated prior to the effective date of termination will not be affected by the termination request and must be executed under the terms of the Terms and Conditions.

Skipr will notify to the Employer the name of a successor appointed to Treezor to provide services equivalent to those provided for in the Terms and Conditions. The Employer will be invited to enter into a new contract with the designated successor. For this purpose, it must confirm in writing to Treezor the transfer of the funds belonging to them, the amount and date of which will be notified to the Employer.

11. Employer's commitments

When the Employer creates a Payment Account, it undertakes to comply with all the provisions of the Terms and Conditions. 

Creation of the Profile by the Employer

The Employer warrants that the information in its Profile is accurate on the day of the request to open the Payment Account and undertakes to update it as soon as possible following any changes throughout the term of the Terms and Conditions. Where applicable, Treezor and Skipr will not be liable for any damage that may result from an inaccuracy or a change if it has not been notified by the Employer. 

Confidentiality of the Employer's access codes

The Employer undertakes to keep the confidential code or any other code to access or use its Payment Account secret. In the event of unauthorised use of the Payment Account by a third party, the Employer will bear the losses resulting from fraudulent conduct on its part, intentional breach or gross negligence in the performance of its obligations under the Terms and Conditions.

Lawfulness of the use of the Payment Account

The Employer undertakes to operate its Payment Account in compliance with monetary and tax legislation or legislation on financial relations with foreign countries, embargoes, the fight against corruption, money laundering and the financing of terrorism, in force in Belgium and in any European Union member country in which Treezor and/or Skipr is established for the conclusion of the Terms and Conditions. In addition, the Employer undertakes to carry out only activities that comply with the regulations applicable to it. It will pay any fine, sanction or damages borne by Treezor and/or Skipr and resulting from an activity of the Employer which is illegal, unlawful or immoral. In this respect, the Employer undertakes not to carry out or promote the exercise of activities that are criminally punishable such as the endangerment of minors, acts of paedophilia, acts of infringement of works protected by an intellectual property right, failure to respect the protection of Personal Data, breaches of automated data processing systems, acts of money laundering or terrorist financing, failure to comply with the provisions relating to gambling, horse racing, lotteries and the provisions relating to the conditions for exercising regulated professions.

12. Agreement on proof 

The Parties acknowledge that Payment Orders transmitted in accordance with these Terms and Conditions and recorded by Treezor are deemed to be authorised by the Employer and duly authenticated. Proof of this authentication may be provided by reproducing on a computer medium the use of the technical means assigned for this purpose to the Employer. 

13. The automatic exchange of information relating to payment accounts for tax purposes

In accordance with the legislation in place for the automatic exchange of information in relation to Payment Accounts for tax purposes, Treezor must identify the residence for tax purposes of the Employer and fulfil annual reporting obligations with regard to the French tax administration concerning the declarable accounts of persons not resident for tax purposes in France (including tax carry out diligence in identifying the residence for tax purposes of the Payment Account holder and fulfil annual reporting obligations with regard to the French tax authorities concerning the declarable accounts of persons not resident for tax purposes in France (including Specified U.S. Persons, within the meaning of the FATCA law). The French tax administration transmits this information to the tax administration of the country of residence for tax purposes of the Employer of the declarable account if the regulations concerning the automatic exchange of information so requires.

The Employer undertakes to provide Treezor with all the documents and proof relating to their country(ies) of residence for tax purposes.

14. Inactive PAYMENT Accounts

A Payment Account is deemed inactive in the following cases:

  • If the Payment Account has not been the subject of any Payment Transaction for a period of twelve (12) months during which, apart from the entry of interest and debits by Treezor taking into account fees and commissions of all kinds and the Employer, its legal representative or the person authorised by the Employer has not made any contact with Treezor or Skipr;
  • If, within twelve (12) months from the liquidation or bankruptcy of the Employer, no assign has informed Treezor or Skipr of their wish to assert the Employer’s rights on the Payment Account.

When Treezor notes that the Payment Account is inactive, it informs Skipr so that it can contact the Employer or its assigns to inform them of the consequences of such inactivity. This information will be renewed, as the case may be, for two (2) or nine (9) years and one last time six (6) months before the Account closing date, under the conditions provided for by the regulations. 

The assets recorded on the inactive Payment Account are deposited with the Caisse des Dépôts et Consignations after a period of three (3) years in the event of inactive Payment Account, and ten (10) years in other cases, from the date of the last Payment Transaction, excluding the recording of debits by Treezor taking into account all types of fees and commissions.

15. Transfer of the Payment Account

Upon request to Skipr and to Treezor, the Employer may obtain the conditions of transfer of its Payment Account in order to obtain the role of the receiving and the sending institution at each stage of the banking mobility procedure, as provided for in article L. 312-1-7 of the Monetary and Financial Code, the time limits for completion of the various stages, the information that the Employer may have to communicate, and the procedures for contacting the customer relations department in order to receive any complaints.

16. PROFESSIONAL SECRECY

Treezor and Skipr are bound by professional secrecy with regard to the Employer, in accordance with the regulations in force. 

However, this secrecy may be waived, in accordance with the regulations in force, by virtue of a regulatory and prudential legal obligation, in particular at the request of the supervisory authorities, the tax or customs administration, as well as the criminal judge established by article L.562-4 of the Monetary and Financial Code or in the event of judicial requisition.

Notwithstanding the foregoing, the Employer has the right to release Treezor and Skipr from professional secrecy by indicating in writing the third parties authorised to receive confidential information concerning the Employer. Professional secrecy may also be waived in accordance with the regulations in favour of companies providing important operational tasks to Treezor under the Terms and Conditions.

17. Personal data

Skipr and Treezor declare that they comply with the regulations applicable to the protection of Personal Data, in particular the GDPR and the national laws of France and Belgium in relation thereto. 

Personal Data is collected by Treezor for the sole purpose of performing payment services under the Terms and Conditions and as described in this Article.

Skipr acts as a subcontractor of Treezor within the meaning of article 4 of the GDPR for the performance of these Terms and Conditions and as a controller as described within Skipr privacy policy for the performance of all its services for the Employer and the end-users.

Processing of Personal Data

The processing purposes

Treezor, in its capacity as data controller, processes the Personal Data of data subjects in the context of the management of the Payment Account(s) and the provision of the payment services covered by the Agreement. The purpose of the processing carried out by Treezor is: 

- knowledge of the Employer and the Card users and the updating of their data, 
- keeping and managing the Payment Account(s), 
- risk management, control and monitoring linked to the internal control to which Treezor is subject, 
- security and prevention of non-payment and fraud, collection, litigation, 
- compliance by Treezor with its legal and regulatory obligations and in particular the identification of inactive accounts, the fight against money laundering and terrorist financing, the automatic exchange of information relating to accounts in tax matters,
- segmentation for regulatory purposes, 
- carrying out statistical studies and making data more reliable, 
- monitoring the exercise of data subjects' rights.

Legal basis for processing

Treezor justifies the lawfulness of the data processing under article 6(c) of the GDPR. By virtue of its status as an Electronic Money Institution, Treezor must carry out the processing operations set out below in order to meet its legal obligations.

Personal Data processed

The Personal Data collected by Skipr in the name and on behalf of Treezor in the provision of Payment Services may be the following:

- data identifying any natural person intervening for the Employer or holding a Card issued for the Employer (surname, first name, date of birth, identity card and passport number, postal and email address, telephone number, tax number and residence, legal situation, nationality, gender, country of birth)
- data related to the financial and professional situation of the data subject (employment contract, pay slip, etc.)
- data related to the operations and transactions that the data subject carries out using the Payment Services (payments, transfers)
- bank data (IBAN, card number, balance)
- identification data or digital authentication data linked to the use of the Payment Services (connection and usage logs, IP address, etc.).

Mandatory nature of the collection of Personal Data

The processing by Treezor of the Personal Data provided for in this Article is mandatory. Refusal by data subjects to communicate all or part of their Personal Data may result in Treezor's rejection of the request to open a Payment Account.

Communication of Personal Data to third parties

The Employer authorises Treezor, by accepting this agreement, to communicate, under the conditions described below relating to professional secrecy, the Personal Data concerning all data subjects mentioned in this Article, in the context of the provision of Payment Services and the management of the Account(s), to:

- third parties for the purpose of complying with a legal or regulatory obligation or responding to a request from the supervisory authority, in particular the French Prudential Supervisory Authority (ACPR), the French Data Protection Agency (CNIL), judicial bodies, the tax administration tax, TRACFIN, etc.
- external companies for the execution of services that it subcontracts: payment service agents, card managers and manufacturers, mobile payment managers, members of the SEPA banking network (managers of credit transfers and direct debits), trusted third parties, cheque managers.

Hosting of Personal Data

The processing and hosting of Personal Data is carried out in the European Union.

Personal Data retention period

Personal Data is retained, in order to comply with legal and regulatory obligations and for security purposes, for a period of five (5) years from the date of closure of the Account for information collected for anti-money laundering and anti-terrorist financing purposes.

The exercise of rights relating to Personal Data

Subject to the restrictions set out in the legislation on banking and the protection of Personal Data, data subjects have a right of access, rectification, restriction, opposition, deletion and portability of the Personal Data concerning them. To exercise any of these rights, data subjects can send their request to Treezor (41, rue de Prony – 75017 Paris or dpo@treezor.com). A maximum period of one (1) month may be necessary between receipt of the request and Treezor's response. 

18. Fight against money laundering and terrorist financing

Pursuant to the provisions of articles L.561-2 et seq. of the Monetary and Financial Code relating to the participation of financial institutions in the fight against money laundering and terrorist financing, Treezor is required to obtain information from the Employer for any transaction or business relationship initiated under the conditions of articles L.561-2 et seq. of the Monetary and Financial Code, in particular, the origin, purpose and destination of the Payment Transaction or the opening of the Payment Account. It must also carry out all the necessary steps to identify the Employer and, where applicable, the beneficial owner. The Employer undertakes to take all reasonable care to enable Treezor to carry out a thorough examination of the Payment Transaction, to inform Treezor of any exceptional transaction compared with the Payment Transactions usually recorded on his Payment Account and to provide it with any document or information required.

The Employer recognises that Treezor may be required to set up monitoring systems aimed at combating money laundering and the financing of terrorist activities.

The Employer acknowledges that Treezor may terminate or postpone at any time the opening of the Payment Account or the execution of a Payment Transaction in the absence of sufficient information about its purpose or nature. The Employer is informed that a Payment Transaction carried out hereunder may be subject to the exercise of the right of disclosure of the national financial intelligence unit.

The Employer may, in accordance with regulations, access all information thus communicated, provided that this right of access does not jeopardise the purpose of combating money laundering and the terrorist financing when such Personal Data relates to the Employer and is held within the framework of articles L621-8, L621-9 and L621-10 of the Monetary and Financial Code.

No prosecution based on articles 226-13 and 226-14 of the Penal Code and no civil liability action may be brought or any professional sanction pronounced against Treezor, its managers or employees or against any other person referred to in article L.562-1 of the Monetary and Financial Code who have made in good faith the declarations mentioned in articles L.561-22 of the same Code.

19. Claims

In the event of difficulties concerning the Services provided by Treezor and Skipr, the Employer may, at his option, contact Skipr's Customer Service in order to obtain all the desired information, or make any complaint communicated in writing to Treezor's Customer Complaints Service.

Within this framework, Treezor undertakes: 

  • to acknowledge receipt of any complaint made by the Employer within ten (10) Business Days of receipt;
  • to reply to the Employer within fifteen (15) Business Days of receipt of its complaint.

However, if additional time is needed to respond, Treezor will send a holding reply stating the reasons for the delay. It will keep the Employer informed of the progress of the processing of its complaint. In any event, the Employer will receive a final response no later than thirty-five (35) Business Days following receipt of its complaint by Treezor.

20. Force majeure

The Parties will not be held liable, or deemed to have failed hereunder, for any delay or non-performance, where the cause of the delay or non-performance is related to an event of force majeure. 

21.Protection of funds

The Employer is informed that the funds credited to the Account are protected in accordance with article L.522-17.I of the Monetary and Financial Code and are held in a segregated account opened under the conditions required by the regulations. They are thus protected against any recourse by other creditors of Treezor, including in the event of enforcement proceedings or insolvency proceedings opened against Treezor.

22. Non-assignment

The Employer may not assign all or part of this Agreement, whether in return for payment or free of charge. In the event of failure to comply with this prohibition, in addition to the immediate termination of this Agreement, the Employer's liability may be incurred.

23. Applicable law and jurisdiction

The Terms and Conditions are subject to Belgian law.

In the absence of an amicable agreement, all disputes relating to the formation, validity, interpretation, execution or breach of the Terms and Conditions fall within the exclusive jurisdiction of the courts of Brussels.

Appendix - List of documents ATTACHED TO THE ACCOUNT OPENING REQUEST

The prospect, a legal person who wishes to become a Payment Account holder, transmits the following documents to Skipr and/or Treezor:

- a description of its activity,
- an extract of the Crossroads Bank for Entreprises (Belgium) or a Kbis extract (France) less than three months old,
- the articles of association of the company, certified as being in conformity with the original by an authorised representative,
- a copy of an official identity document (e.g. identity card, driving licence, and for non-EU nationals a passport) which is valid and a proof of the address of the authorised representative in contact with Treezor,
- the list of natural persons holding more than 25% of the company's capital,
- the following self-certification form of tax residence: 

Identification of the Employer

Name:

Legal form:

Address:

Official number:

Tax residence

Country of tax residence

Tax Identification Number

Declaration

The Employer certifies the accuracy and completeness of the information given above, and undertake to immediately inform Treezor of any change in the circumstances requiring the update of this declaration.

The establishment of a certificate containing materially inaccurate facts, the falsification of an originally accurate certificate or the use of a certificate which is inaccurate or falsified is punishable in accordance with article 441-7 of the Penal Code by one year’s imprisonment and a fine of 15,000 €. The penalties are increased to three years' imprisonment and a fine of 45,000 € when the offence is committed in order to prejudice the Public Treasury or the property of others.

These terms and conditions can be easily accessed on the Website as well as on the menu of the Application and can be easily downloaded in a PDF format from the Website. They are applicable from 1st November 2020 onwards and replace all previous terms and conditions on the same matter.

These terms and conditions shall apply to all business clients of Skipr having accepted the “Skipr for business” terms and conditions and having decided to use Skipr payment cards pursuant to article 3.5 of these “Skipr for business” terms and conditions (the “Payment Services”). They shall apply in addition to any general or special conditions applicable to any kind of product or service offered directly or indirectly on the Application, on the Website, per e-mail or per telephone as the case may be, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from Skipr (but shall not overrule “Skipr for business” terms and conditions). However, by accepting the application of these terms and conditions, the User expressly accepts the application of the terms and conditions of the service provider offering its services and/or products on the Application.

Preamble

1. SKIPR, a public limited liability company (“société anonyme” / “naamloze vennootschap”) organised and existing under the laws of Belgium, having its registered office at rue du Belvédère/Belvederestraat 29, 1050 Brussels (Belgium), registered with the Register of Legal Entities of Brussels under undertaking number 0712.537.551 and available at hello@skipr.co (hereinafter referred to as “Skipr”), has developed a mobile application, called Skipr (the “Application”), which aims at offering its users a tool allowing them to search for multiple routes for a given travel, and to choose, book and proceed with the payment of the corresponding third parties’ mobility solutions, e.g. train, bus, taxi, bike, etc. (the “Mobility Services”), aggregated from services of different transportation service providers.

2. Treezor, a simplified joint-stock company (SAS), organised and existing under the laws of France, registered with the Paris Trade and Companies Register under the number 807 465 059, having its registered office at 41 rue de Prony, 75017 Paris (France), acting as an electronic money institution within the meaning of article L.525-1 of the Monetary and Financial Code and approved by the Autorité de Contrôle Prudentiel et de Résolution ("ACPR"), located at 4 Place de Budapest CS 92459 75436 Paris Cedex 09 in its capacity as an electronic money institution under number 16798 (said approval can be found on the ACPR website in the Registry of Financial Agents (REGAFI - www.regafi.fr), is a Payment Service Provider working with Skipr on the payment services offered through the Application (hereinafter referred to as “Treezor”).

3. Any business clients being an Employer (as defined in the “Skipr for business” terms and conditions) willing to use the payment cards and services provided by Treezor through Skipr pursuant to article 3.5 of the “Skipr for business” terms and conditions must accept these terms and conditions (the “Terms and Conditions”) which constitute the commercial partnership agreement entered into between said Employer, Skipr and Treezor (hereinafter referred to as the “Parties”) and setting out the terms and conditions thereof.

1. Purpose of the Terms and Conditions

The purpose of these Terms and Conditions is to govern the use of the Payment Services provided by Treezor to an Employer, through the services offered by Skipr, in return for the payment by the Employer of the fees agreed upon with Skipr pursuant to “Skipr for business” terms and conditions.

It governs the conditions for opening, operating and closing a Payment Account. The Payment Account is individual and only allows for own-account Payment Transactions.

2. Description of the PAYMENT services

The online Payment Services provided by Treezor to the Employer are the receipt and execution of Payment Transactions as further detailed in these Terms and Conditions.

Treezor does not accept cash deposits, remittance of cheques, and does not offer any payment or related services, other than those specifically described in these Terms and Conditions. Treezor does not grant any credit or overdraft.

The Employer acknowledges that it can only open a Payment Account assigned exclusively to the performance of Payment Transactions within the framework of the use of Skipr services pursuant to “Skipr for business” terms and conditions.

Any eligible Employer may send, via the onboarding process defined by Skipr, a request to open a Payment Account used for the purpose of executing Payment Transactions. To this end, it must fulfil the conditions set by Skipr pursuant to “Skipr for business” terms and conditions and attach the documents listed in Appendix and any other document requested by Treezor.

If the account opening request is accepted by Treezor, in accordance with these Terms and Conditions, the prospect becomes holder of a Payment Account. The Employer may subscribe to one or more Cards, the terms and conditions of which are provided in the Card terms and conditions, available on the Website and on the Application. For this purpose, it must designate each natural person becoming a cardholder by their name and surname. It will deliver the Card to each of these persons, who must accept the Card terms and conditions in order to activate their Card.

Access to the online Profile is secured by an Identifier and a password that the Employer shall refrain from disclosing to third parties, in particular by taking all necessary measures. This is an essential condition to secure the relationship between Treezor and the Employer. To be able to accept the Terms and Conditions and use the Payment Services, the Employer must have equipment (hardware and software), for which it is solely responsible, compatible with the Website and the Application as well as an internet or telecom connection. The Employer is personally responsible for the evolution or updating of the equipment necessary to use the Payment Services. In particular, the Employer shall refrain from breaking the native protection of the operating system of its equipment and shall protect its equipment with an anti-virus and firewall produced and developed by a software publisher known and reputed for the reliability of its solutions.

3. Acceptance of the Terms and Conditions by the EMPLOYER

The Terms and Conditions are accepted by the Employer through the onboarding process via the Website and shall, in any case, be considered as accepted upon the Employer requesting the opening of a Payment Account. 

4. Definitions

Unless otherwise defined in the body of these Terms and Conditions, capitalized terms and expressions used but not defined in these Terms and Conditions shall have the meaning ascribed to them in “Skipr for business” terms and conditions.

Article

an article in the Terms and Conditions.

Appendix

an appendix to the Terms and Conditions.

Strong authentication

the authentication method that relies on the use of two or more elements that fall into the categories of "knowledge" (something that only the Employer knows), "possession" (something that only the Employer has) and "inherence" (something that the Employer is) and that are independent in the sense that the compromise of one does not call into question the reliability of the others, and which is designed to protect the confidentiality of authentication data within the meaning of article 4, 30 of Directive 2015/2366 of the European Parliament and of the Council of November 25, 2015 on payment services in the internal market.

Beneficiary

natural or legal person acting as recipient of a Payment Transaction.

Card

systematic authorisation card issued in the name of the Employer and associated with the Payment Account.

Payment Account 

account held by Treezor on behalf of the Employer used exclusively for the purpose of executing Payment Transactions carried out pursuant to “Skipr for business” terms and conditions. 

Card Account

technical account denominated in euros attached to the Payment Account to which the Card is associated, enabling the execution of Card Payment Transactions in euros.

Terms and Conditions

this document.

Effective date of termination

the effective date of termination by the Employer, which occurs at the end of a period of one (1) month from the date on which Treezor receives the termination request notified by the Employer in accordance with Article 10.3.

Foreign Currency

available foreign currencies as indicated by the Partner on the Site.

Personal data 

Personalised Security Data

all information of a personal nature concerning any representative of the Employer or any Card holder, a natural person who is identified or may be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to them.

data provided by Treezor to the Employer for authentication purposes. It includes in particular the Identifier and any other data that may be linked to the Strong Authentication procedure.

Identifier

a sequence of characters used by the Employer to identify itself on the Website and/or the Application and to use the Payment Services.

Business Day

a calendar day, with the exception of Saturdays, Sundays and public holidays in Belgium, on which the payment infrastructures and banks carry out their activities on a regular basis.

Payment Order

instruction transmitted a) by the Payer, who gives a payment instruction to its Payment Service Provider (Payment Order by bank transfer); b) by the Payer, who gives a payment instruction through the Beneficiary who, after receiving the payment order from the Payer, transmits it to the Payer's Payment Service Provider, if applicable, through its own Payment Service Provider (Payment Order by card); c) by the Beneficiary, who gives a payment instruction to the payer's Payment Service Provider, based on the consent given by the Payer to the Beneficiary and, if applicable, through its own Payment Service Provider (Payment Order by direct debit).

Payment Transaction

the action of transferring or withdrawing funds to or from a Payment Account, irrespective of any underlying obligation between the Payer and the Beneficiary, ordered by the Payer and the Beneficiary. 

Payer

natural or legal person giving or authorising a Payment Order.

Profile

all data associated with the Employer.

Payment Service Provider

credit, electronic money or payment institution approved by an authority established in a Member State of the European Union, in a State party to the European Economic Area or in a third country imposing equivalent obligations in terms of the fight against money laundering and terrorist financing.

GDPR

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Customer Service

Skipr's customer service, which can be reached at the number 003278250325 and email address support@skipr.co, from Monday to Sunday, from 7 am to 10 pm.

Payment Services

Payment Initiation Service

services defined in 2°, 3° and 5° of article L.314-1. I of the Monetary and Financial Code provided by Treezor and Skipr to the Employer in accordance with the Terms and Conditions.

device consisting in initiating a Payment Order (transfer) by a third party Payment Service Provider, at the Employer's request, concerning a Payment Account opened in the books of Treezor. 

Treezor Customer Complaints Service

Treezor Customer Complaints Service, reachable:

- by telephone at the following number: +33 (0)1.81 84.19.35.23 (from Monday to Friday (excluding public holidays), from 9 am to 1 pm and from 2 pm to 6 pm),
- by letter to the following address: 41 rue de Prony, 75017 Paris,
- by email to the following address: reclamations@treezor.com.

SEPA Zone

area within which the Employer may use pan-European payment means as defined by the European Payment Council and available on the website www.europeanpaymentscouncil.eu, including in particular the Member States of the European Economic Area to which is added for the purposes hereof Switzerland, Iceland, Norway, San Marino.

5. Pricing and offset

In return for the Payment Services performed, the Employer will pay Skipr the fees agreed upon with Skipr, and Skipr will be responsible for passing them on to Treezor in the amounts agreed between them. It is expressly agreed that the revocation of a Payment Order and the provision of information, in particular as provided for in Article 7 hereof, may result in the collection of specific fees.

The Employer expressly authorises Treezor to proceed to the payment of all the fees due by the Employer and payable under the Terms and Conditions by debiting its Payment Account.

The Parties agree that the reciprocal debts of Treezor and the Employer resulting from the performance of the Terms and Conditions will automatically be converted into simple credit and debit items within the limit of the available provision on the Payment Account. After offsetting, these debits and credits form a net credit or zero balance in the Payment Account. In the absence of sufficient funds in the Payment Account, the amount remaining due by the Employer after offsetting is entered on the statement of his Payment Account on a specific line corresponding to a payable debt.

Notwithstanding the foregoing, the Employer and Treezor agree to offset any liquid, payable and reciprocal debt resulting from the performance of the Terms and Conditions or any other contract. 

Treezor may also exercise a right of retention on all sums, bills and values deposited with it by the Employer, until payment of any balance and, more generally, of any other sums owed by the Employer to Treezor and Skipr. 

6. Opening a Payment Account 

Before being able to submit a request to open a Payment Account, the Employer confirms that it has legal capacity and is resident in a Member State of the European Union or in a State party to the European Economic Area. 

Any request to open a Payment Account requires the Employer to enter the requested identification elements through the onboarding process put in place by Skipr or to transmit them by any other means. The Employer authorises Skipr to transmit to Treezor the information and Personal Data concerning the Employer and the users necessary to create this request, the list of which is given in Appendix. Treezor reserves the right to request any other document or additional information, in particular to enable it to carry out the checks required to comply with its legal obligations, including those relating to the fight against money laundering. The Employer agrees that Skipr may send all such information and documents to Treezor by computer transmission on Treezor's computer systems or by post. 

Treezor carries out additional due diligence within the meaning of article R.561-20 of the Monetary and Financial Code when the conditions for application of this article are met. This will include document verification and certification measures.

Treezor may, at its own discretion and without having to justify its decision, refuse any request to open a Payment Account. This decision can in no case give rise to damages. It will be notified by email to Skipr and to the Employer. 

If Treezor accepts the Employer's request, it will confirm to the Employer, by any means through Skipr, that it accepts the opening of the Payment Account. 

To finalise the opening of its Payment Account, the Employer must create a Profile in order to be authenticated, using an Identifier, a confidential code and/or a single-use code when transmitting an Order, in accordance with these Terms and Conditions and the authentication procedures in force.

7. Functioning of the Payment Account 

General description

Treezor is responsible for maintaining the Payment Account and executing the associated Payment Transactions. 

Payment Transactions are executed by:

  • crediting the corresponding Payment Account when the funds received follow the receipt by Treezor of Payment Transactions by transfer or the acquisition of card Payment Orders, 
  • debiting the corresponding Payment Account, when the transferred funds follow the execution by Treezor of Payment Transactions by transfer or Card. 

The Payment Account is held in euros. Treezor and Skipr do not have any premises or counters and cannot offer the Employer the possibility of carrying out cash transactions, deposits or withdrawals at a counter in its network. No overdrafts may be authorised. Thus, in the event of a Payment Transaction executed in the absence of sufficient funds, Skipr will notify by any means the amount due by the Employer and its obligation to credit his Payment Account, as soon as possible, with an amount sufficient to settle said amount and any intervention costs that may be due. 

The Employer must give its consent by identifying itself and following the Strong Authentication procedure so that Treezor can execute a Payment Transaction or a series of Payment Transactions. However, consent to the execution of a Payment Transaction may also be given by mandating a Payment Service Provider providing a Payment Initiation Service. In the absence of such consent, the Transaction or series of Transactions is considered to be unauthorised. 

Payment Account information and Payment Initiation Services 

The Employer may:

- access the data of its Payment Account through a Payment Service Provider of its choice providing the account information service (online service consisting of providing consolidated information concerning one or more of the Employer's accounts opened with one or more financial institutions),
- initiate a Payment Transaction (transfer), through a Payment Service Provider providing a Payment Initiation Service.

The Employer must give its express consent to the Payment Account information provider for access to the data of the Payment Account and expressly agree to the execution of the Payment Transaction through the payment initiation provider. 

These service providers must be licensed or registered in accordance with the regulations in force.

However, Treezor or Skipr may deny a Payment Service Provider providing an account information or Payment Initiation Service access to the Employer's Payment Account on the basis of objectively justified or documented reasons relating to unauthorised or fraudulent access to the account by that provider, including unauthorised or fraudulent initiation of a Payment Transaction.

In such cases, Skipr and/or Treezor inform(s) the Employer of the refusal of access to the Payment Account and the reasons for such refusal. This information is, if possible, given to the Employer before access is refused and at the latest immediately after such refusal, unless the provision of this information is not communicable for objectively justified security reasons or is prohibited under another provision of European Union law or relevant national law.

Skipr allows access to the Payment Account as soon as the reasons mentioned above no longer exist.

Transfers

Issuance of SEPA transfer Payment Orders 

The Employer may give Payment Orders by transfer in euros from its Payment Account to a bank or payment account opened in the books of a SEPA Payment Service Provider. To this end, the Employer identifies and authenticates itself before transmitting its Payment Order, indicating in particular:

  • the amount in euros (which may not be greater than the amount of the available credit of the Payment Account after deduction of fees),
  • the Beneficiary (name and details of the Beneficiary's account),
  • the date on which the Payment Transaction is executed,
  • the frequency (optional for standing orders),
  • the reason for the Payment Order.

The Parties acknowledge that, unless expressly agreed by Treezor, the Employer and each Card holder may only issue SEPA transfers governed by a common set of rules and practices defined by the European Institutions and the EPC. It is denominated and executed in euros between two (2) banks or payment accounts opened by SEPA Payment Service Providers. 

The procedures for transmitting Payment Orders set out above have the same value as an electronic signature of the Employer or Card holder allowing their identification and proving their consent. 

The Employer acknowledges that such Payment Orders constitute irrevocable Payment Orders given to Treezor to transfer the funds to the Beneficiary's Payment Service Provider as from the date of their receipt by Treezor. The Employer's or concerned Card holder’s revocation of their Payment Order may be accepted if it is received before receipt of the Order by Treezor for immediate execution transfers and before 10 am on the Business Day before the execution date for forward transfers.

Where the Payment Order is given by a Payment Service Provider providing a Payment Initiation Service, the Employer or concerned Card holder may not revoke that Payment Order after having given their consent for the Payment Service Provider providing the Payment Initiation Service to initiate the Payment Transaction.

All transfer Payment Orders are time-stamped and kept for the legal retention period in force. It is expressly agreed that transfers will be executed at the latest at the end of the Business Day following receipt of the request for immediate transfer and on the agreed execution date for forward or standing transfers or the next Business Day if that date is not a Business Day. A Payment Order received on a Business Day after 10:00 am is deemed to be received on the next Business Day. 

Treezor may be required to refuse to execute an incomplete or incorrect transfer Payment Order. The Employer or concerned Card holder will have to re-issue the Payment Order to bring it into compliance. In addition, Treezor may block a transfer Payment Order in the event, in particular, of serious suspicion of fraudulent use of the Payment Account, unauthorised use of the Payment Account, breach of the security of the Payment Account, in the event of a freezing of assets by an administrative authority or in the event of insufficient funds on the Payment Account. 

Receipt of SEPA transfer Payment Orders

The Employer expressly authorises Treezor to receive on its Account Payment Transactions by transfer from an account opened by a SEPA Zone Payment Service Provider in euros. 

Treezor collects the funds in the name and on behalf of the Employer and credits the Employer's Payment Account as soon as possible after the funds have been credited to its own account, except in the event of a legal provision applicable to Treezor requiring its intervention. After the funds have been posted to the Employer's Payment Account, the Employer receives a payment summary containing the following information: amount, date and time, number of the Payment Transaction, name of the Payer, the account debited and the Beneficiary, the reason received by Treezor.

Cards 

The funds transferred result from card Payment Orders given by the Card holder with their Card. Only "CB" or approved "CB", Visa or MasterCard cards that allow the transfer of funds by card from account to account by the holder of said accounts are accepted by Treezor under these conditions. 

The Employer acknowledges that it will act as acceptor in receiving funds from the card networks. The Employer undertakes to comply with all applicable provisions defined by law, regulations, professional standards or the contractual provisions of the card networks that may be applicable. The Employer acknowledges that it may be subject to sanctions or fines in the event of non-compliance with these rules.

Treezor credits the Employer's Payment Account no later than the Business Day on which its own account was credited with the funds. The Employer receives a payment summary from Skipr containing the following information: amount, date and time, Payment Transaction number and reference number transmitted by the Employer.

In the event of the Employer's failure to comply with the obligations herein or with the laws in force, Treezor or Skipr may take safeguard and security measures. Treezor or Skipr may thus send a warning to the Employer, which serves as formal notice and specifies the measures to be taken to remedy the breach. Treezor or Skipr may also automatically decide, with immediate effect, to suspend the Payment Account in the event of failure to comply with the provisions hereof or in the event of violation of the legislation on the fight against money laundering and terrorist financing or any other legislation applicable to it. 

It is specified that a Card Payment Order may be the subject of a request for reimbursement by the debtor to its Payment Service Provider within thirteen (13) months following the Payment Transaction, resulting in the automatic reversal of the debit entry on the Employer's Payment Account by Treezor at the request of Skipr. The Employer undertakes to accept such a reversal.

Execution of Card Payment Orders

Treezor executes Payment Orders for the Card(s) associated with the Employer's Payment Account. The conditions of allocation and operation of the Card(s) are set out in the Card terms and conditions, available on the Website and on the Application.

Card Payment Transactions

Card Accounts are technical accounts in euros or in the Foreign Currency of the Payment Account used for the execution of Payment Transactions made with the Card. The funds credited to Card Accounts are dedicated to the execution of Card Payment Transactions. The Card Accounts must have sufficient funds in Foreign Currency or in euros before the Employer transmits the Card Payment Order.

With regard to Foreign Currencies, the foreign exchange transaction is carried out on condition that the Employer has sufficient funds in euros in its Payment Account. The conversion into Foreign Currency is carried out by Treezor on the day the Transaction is processed and at the exchange rate obtained by Treezor. 

Reporting

A statement of the Payment Transactions recorded in the Payment Account is sent or made accessible to the Employer on a monthly basis by Skipr in order to facilitate the monitoring of the Payment Account. This monthly statement will be deemed authentic between the Parties. The statement must detail the Payment Transactions charged to the Payment Account and include all transactions made by Cards in order to facilitate the monitoring of the Account. The Payment Transaction statement contains the following information: transaction amount, exchange rate applied, amount of Card Payment Transactions in Foreign Currency. The statement also shows the Card Account balance.

It is recommended that the Employer keep the Payment Account statements in case of dispute and systematically check the contents of the statement. A summary statement of fees will be made available monthly by Skipr.

8. Opposition and blocking - Challenge of a payment transaction 

Procedure for opposition by the Employer

As soon as the Employer becomes aware of a theft or loss of its data, it must request the blocking of its Payment Account as soon as possible. Declarations of fraudulent use of the Payment Account or loss or theft of the mobile phone must be made by email or telephone to Customer Service. They must be confirmed by registered letter with acknowledgement of receipt sent to Customer Service. The Employer is informed that any false declaration in connection with these Terms and Conditions is liable to the penalties provided for by law.

A registration number of this opposition is communicated to the Employer and is kept for eighteen (18) months by the Employer.

Effects of the Employer's opposition - Blocking the Payment Account

The request for opposition is immediately taken into account by Skipr, who communicates it as soon as possible to Treezor in order to block the Payment Account. Treezor cannot be held responsible for the consequences of an opposition not issued by the Employer. The request for opposition is deemed to be made on the date of actual receipt of the request by Treezor or any person appointed by it for this purpose. In the event of theft or fraudulent use, Treezor is entitled to request a receipt or a copy of the complaint from the Employer, who undertakes to reply as soon as possible.

Blocking of the Payment Account at the initiative of Treezor

In addition, Treezor may block the use of the Payment Account at its own initiative for reasons relating to its security, in the event of presumed unauthorised or fraudulent use and in the event of a significantly increased risk of the Employer being unable to fulfil his payment obligation. This decision is reasoned and notified to the Employer by any means. If a Payment Account receives a significant number of refunds, cancellations of orders or disputes for unauthorised orders, Treezor may block the operation of the Payment Account.

Challenge of a Payment Transaction

Challenge of Payment Transactions

Claims relating to commercial relations between the Employer, a Payer or a Beneficiary are not admissible with Treezor. Only those relating to the absence or improper execution of a Payment Order given by the Employer to Treezor are covered by this Article and by the Terms and Conditions.

If a Payment Transaction is executed by Treezor with errors due to the fault of the latter, the debit of the Payment Account is cancelled and the Payment Account is restored to the situation it was in before the receipt of the Payment Order concerned. Subsequently, the Payment Order is correctly represented.

The Employer who wishes to dispute a Payment Transaction not authorised by it must contact the Customer Complaints Service of Treezor as soon as possible and within a maximum period of thirteen (13) months from the date of debit of the disputed payment order to the account on which the card operates.

However, the maximum period during which the Employer may dispute a Payment Transaction is set at seventy (70) days from the date on which the disputed payment order is debited from the Payment Account, when the Beneficiary's Payment Service Provider is located outside the European Economic Area.

It is specified that any dispute that has not been formulated without delay will only be admissible in the event of a delay duly justified by the Employer.

After validation of the legitimacy of the request, Treezor will immediately after becoming aware of the Payment Transaction, and at the latest at the end of the first following Business Day, reimburse the Payment Transaction unless it has good reason to suspect fraudulent conduct on the part of the Employer.

Where the unauthorised Payment Transaction has been initiated through a Payment Service Provider providing a Payment Initiation Service, Treezor will immediately, and at the latest by the end of the first following Business Day, reimburse the Payment Transaction. Treezor will restore the Payment Account to the situation it was in if the disputed Payment Transaction had never been carried out. 

Disputes concerning the price of goods or services purchased are not admissible with Treezor. Only those relating to a Payment Transaction are covered by this Article. Treezor remains unaffected by any dispute that may arise between the Employer and a third party. The existence of such a dispute can in no way justify the Employer's refusal to honour the settlement of a Payment Transaction. 

Repayment of unauthorised or incorrectly executed Payment Transactions

In the event of a dispute by the Employer within thirteen (13) months of the debit of the Payment Account, it is up to Treezor to prove that the Payment Transaction was authorised under the conditions laid down in the Terms and Conditions. In the absence of proof by Treezor that the Payment Transaction has been authorised, Treezor will immediately, after becoming aware of the Payment Transaction and at the latest at the end of the first following Business Day, reimburse the Payment Transaction unless it has good reason to suspect fraudulent conduct on the part of the Employer.

Where the unauthorised Payment Transaction has been initiated through a Payment Service Provider providing a Payment Initiation Service, Treezor will immediately, and at the latest by the end of the first following Business Day, reimburse the Payment Transaction. Treezor will restore the Payment Account, in the form of a temporary credit, to the situation it was in if the disputed Payment Transaction had never been carried out. 

The Employer may send Treezor a request for reimbursement of a Payment Transaction ordered through the Beneficiary and authorised by the Employer if the authorisation given did not indicate the exact amount of the Payment Transaction and if the amount of the transaction exceeded the amount that the Payer could reasonably expect. This request must be made within eight (8) weeks of the date on which the funds were debited from the Payment Account and cover the entire Transaction. No request for partial reimbursement can be processed by Treezor. The Employer must provide all the elements relating to the reimbursement claimed. Treezor assesses the legitimacy of the request on the basis of these elements, the Profile of the Employer's past expenditure, the conditions of the Agreement and the circumstances of the Transaction. Treezor has ten (10) Business Days from receipt of the request for reimbursement to perform the reimbursement or to justify its refusal to do so. 

The Parties agree to take the utmost care in informing each other of the conditions of execution of a suspicious  Payment Transaction. Where appropriate, and in particular in the event of fraud or suspected fraud committed by an identified or unidentified third party, Treezor may ask for a copy of the complaint filed.

Responsibility of the Parties

Each holder of a Card must take all measures to keep their Card and preserve the confidentiality of their Personalised Security Data, in particular their confidential code. To this end, they must use their Personalised Security Data in accordance with the purposes specified in these Terms and Conditions. The Employer assumes the consequences of the use of the Card as long as it has not requested an opposition under the conditions set out in these Terms and Conditions.

Treezor is responsible for the proper execution of Payment Transactions with regard to the Employer. Where the payment order is given by the Employer, Treezor is responsible for the proper execution of the Payment Transaction with regard to the Payer until the amount of the Payment Transaction is received. Then, the Beneficiary's Payment Service Provider is responsible for the proper execution of the Payment Transaction with regard to the Beneficiary. Furthermore, neither Treezor nor Skipr can be held liable for any losses caused by unauthorised Payment Transactions in the event of fraudulent conduct on the part of the Employer, fault on the part of the Employer such as a wilful or grossly negligent breach of its obligations (such as, in particular, late submission of the opposition) or any Card holder that the Employer is responsible for. 

1. Unauthorised transactions prior to the opposition request

In the event of unauthorised Payment Transactions resulting from the loss or theft of the Card or the Personalised Security Data associated with it, the Employer bears the losses related to the use of the Personalised Security Data associated with the Card prior to the opposition described in these Terms and Conditions, within the limit of fifty (50) euros.

However, the Employer is not liable for Payment Transactions carried out:

  • without the use of Personalised Security Data; 
  • following the loss or theft of a payment instrument and if the act could not be detected by the Employer prior to the Payment Transaction; 
  • following the misappropriation, without the Employer's knowledge, of the payment instrument or the Personalised Security Data linked to it;
  • following the loss of Personalised Security Data due to the actions or failure to act of an employee, agent or service provider of Treezor;
  • without Treezor requiring Strong Authentication from the Beneficiary's Payment Service Provider.

However, when the Beneficiary's Payment Service Provider is located in a State that is not a member of the European Union or a party to the agreement on the European Economic Area, Payment Transactions resulting from the loss or theft of the Card are borne by the Employer within the limit of fifty (50) euros in the case of Payment Transactions carried out without the use of Personalised Security Data.

2. Unauthorised operations carried out after the opposition request 

Unauthorised Payment Transactions carried out after the opposition request are borne by Treezor, with the exception of those carried out by the Card holder.

As an exception, all unauthorised Payment Transactions are charged to the Card holder, with no limit on the amount, if:

  • the Card holder or the Employer has failed, intentionally or through gross negligence, to fulfil the obligations set out in these Terms and Conditions; or 
  • the loss, theft, misappropriation or any unauthorised use of the Treezor Payment Accounts or the Card is the result of fraudulent conduct by the Card holder or the Employer.

A Payment Transaction is not considered to be unauthorised or improperly executed if the goods or services it covers are not delivered or executed under the conditions laid down by the Beneficiary of the Transaction. Therefore, these Payment Transactions may not be the subject of a request for reimbursement from Treezor or Skipr.

9. Ceilings

Treezor or Skipr will define the maximum ceilings applicable to the Employer for each of the Payment Transactions on his Payment Account. These ceilings will be communicated to the Employer on its Profile and may be modified at any time by Treezor subject to one (1) month's notice. Nevertheless, Treezor or Skipr may, at any time and without prior notice, reduce the amount of the authorised ceilings to zero in the event of a risk of fraud or non-payment. Treezor or Skipr will in no event be liable for any damage that may result for the Employer from the refusal to authorise a Payment Transaction under this Article. 

The amount of the ceilings applied can be consulted by the Employer on its Profile. They will be defined by Transaction or by period (per day, per week, per month and per year).

The Employer is informed that Payment Transactions exceeding one of these ceilings will be automatically refused by Treezor. To request authorisation for such a Transaction, the Employer is invited to contact Skipr or Treezor.

10. Term of the TERMS AND CONDITIONS – AMENDMENTS – TERMINATION and resolution 

Term

These Terms and Conditions shall apply for an undetermined duration as from their acceptation by the Parties.

Amendments to the Terms and Conditions

Treezor and Skipr reserve the right to amend the Terms and Conditions at any time. 

Any proposed amendment following changes in the regulations applicable to the Terms and Conditions is notified to the Employer by Treezor, before the date of application proposed for its entry into force, following a notice period of fifteen (15) days from said notification to the Employer.

In the absence of a written objection by registered letter with acknowledgement of receipt sent to Treezor by the Employer before the expiry of this fifteen (15) day period, the Employer is deemed to have accepted these changes. In the event that the proposed amendment is not accepted within the specified time limit, the Employer may terminate the use of the Payment Services upon written request, free of charge, prior to the proposed effective date of the amendment. This request does not affect all debits (fees, contributions, payment) for which the Employer remains liable.

In the event of an amendment of the Terms and Conditions which is not due to changes in the regulations applicable to the Terms and Conditions, the proposed amendment of the Terms and Conditions is notified to the Employer, prior to the date of application proposed for its entry into force, following a notice period of two (2) months from said notification to the Employer.

In the absence of a written objection by registered letter with acknowledgement of receipt sent to Treezor by the Employer before the expiry of this fifteen (15) day period, the Employer is deemed to have accepted these changes. In the event that the proposed amendment is not accepted within the specified time limit, the Employer may terminate the use of Payment Services upon written request, free of charge, prior to the proposed effective date of the amendment. 

This request does not affect all debits (fees, contributions, payment) for which the Employer remains liable.

Termination by the Employer

The Employer may request the resolution of its agreement with Skipr and Treezor at any time. This request must be formalised by registered letter with acknowledgement of receipt sent to Skipr.

The Employer must maintain a balance sufficient to ensure the proper completion of current Payment Transactions for the time necessary to settle them and the payment of the fees due under the Terms and Conditions. 

Resolution in cease of breach

In the event of serious breach by a Party, the agreement between the Parties may be terminated with immediate effect by registered letter with acknowledgement of receipt. The resolution will take effect from the date of receipt of said letter by the other Parties.

Serious breaches by the Employer are understood to mean: providing false information, carrying out illegal or immoral activities, suspicion of money laundering or terrorist financing, threats against employees of Treezor, non-payment, failure to comply with one of his obligations hereunder, excessive debt, closure of his Profile. 

Serious breaches by Treezor are understood to mean: communication of false information, failure to comply with an obligation under the Terms and Conditions, appointment of a receiver, appointment of a judicial administrator, opening of receivership or liquidation proceedings. 

In the event of a change in the applicable regulations and the interpretation thereof by the regulatory authority concerned affecting the capacity of Treezor or its agents to provide Payment Services, the Terms and Conditions will be automatically terminated by registered letter with acknowledgement of receipt. The resolution will take effect from the date of receipt of said letter by the other Parties.

Effects of the resolution 

The Payment Account will be closed on the effective date of termination provided that all amounts due under the Terms and Conditions have been paid by the Employer. This resolution entails the termination of the Terms and Conditions and does not call into question the services previously performed or in progress on the Effective Date. The Employer will no longer be able to transmit a Payment Order as of the effective date of termination. The Payment Account may be maintained for a period of fifteen (15) months in order to cover any subsequent disputes and claims. Payment Transactions initiated prior to the effective date of termination will not be affected by the termination request and must be executed under the terms of the Terms and Conditions.

Skipr will notify to the Employer the name of a successor appointed to Treezor to provide services equivalent to those provided for in the Terms and Conditions. The Employer will be invited to enter into a new contract with the designated successor. For this purpose, it must confirm in writing to Treezor the transfer of the funds belonging to them, the amount and date of which will be notified to the Employer.

11. Employer's commitments

When the Employer creates a Payment Account, it undertakes to comply with all the provisions of the Terms and Conditions. 

Creation of the Profile by the Employer

The Employer warrants that the information in its Profile is accurate on the day of the request to open the Payment Account and undertakes to update it as soon as possible following any changes throughout the term of the Terms and Conditions. Where applicable, Treezor and Skipr will not be liable for any damage that may result from an inaccuracy or a change if it has not been notified by the Employer. 

Confidentiality of the Employer's access codes

The Employer undertakes to keep the confidential code or any other code to access or use its Payment Account secret. In the event of unauthorised use of the Payment Account by a third party, the Employer will bear the losses resulting from fraudulent conduct on its part, intentional breach or gross negligence in the performance of its obligations under the Terms and Conditions.

Lawfulness of the use of the Payment Account

The Employer undertakes to operate its Payment Account in compliance with monetary and tax legislation or legislation on financial relations with foreign countries, embargoes, the fight against corruption, money laundering and the financing of terrorism, in force in Belgium and in any European Union member country in which Treezor and/or Skipr is established for the conclusion of the Terms and Conditions. In addition, the Employer undertakes to carry out only activities that comply with the regulations applicable to it. It will pay any fine, sanction or damages borne by Treezor and/or Skipr and resulting from an activity of the Employer which is illegal, unlawful or immoral. In this respect, the Employer undertakes not to carry out or promote the exercise of activities that are criminally punishable such as the endangerment of minors, acts of paedophilia, acts of infringement of works protected by an intellectual property right, failure to respect the protection of Personal Data, breaches of automated data processing systems, acts of money laundering or terrorist financing, failure to comply with the provisions relating to gambling, horse racing, lotteries and the provisions relating to the conditions for exercising regulated professions.

12. Agreement on proof 

The Parties acknowledge that Payment Orders transmitted in accordance with these Terms and Conditions and recorded by Treezor are deemed to be authorised by the Employer and duly authenticated. Proof of this authentication may be provided by reproducing on a computer medium the use of the technical means assigned for this purpose to the Employer. 

13. The automatic exchange of information relating to payment accounts for tax purposes

In accordance with the legislation in place for the automatic exchange of information in relation to Payment Accounts for tax purposes, Treezor must identify the residence for tax purposes of the Employer and fulfil annual reporting obligations with regard to the French tax administration concerning the declarable accounts of persons not resident for tax purposes in France (including tax carry out diligence in identifying the residence for tax purposes of the Payment Account holder and fulfil annual reporting obligations with regard to the French tax authorities concerning the declarable accounts of persons not resident for tax purposes in France (including Specified U.S. Persons, within the meaning of the FATCA law). The French tax administration transmits this information to the tax administration of the country of residence for tax purposes of the Employer of the declarable account if the regulations concerning the automatic exchange of information so requires.

The Employer undertakes to provide Treezor with all the documents and proof relating to their country(ies) of residence for tax purposes.

14. Inactive PAYMENT Accounts

A Payment Account is deemed inactive in the following cases:

  • If the Payment Account has not been the subject of any Payment Transaction for a period of twelve (12) months during which, apart from the entry of interest and debits by Treezor taking into account fees and commissions of all kinds and the Employer, its legal representative or the person authorised by the Employer has not made any contact with Treezor or Skipr;
  • If, within twelve (12) months from the liquidation or bankruptcy of the Employer, no assign has informed Treezor or Skipr of their wish to assert the Employer’s rights on the Payment Account.

When Treezor notes that the Payment Account is inactive, it informs Skipr so that it can contact the Employer or its assigns to inform them of the consequences of such inactivity. This information will be renewed, as the case may be, for two (2) or nine (9) years and one last time six (6) months before the Account closing date, under the conditions provided for by the regulations. 

The assets recorded on the inactive Payment Account are deposited with the Caisse des Dépôts et Consignations after a period of three (3) years in the event of inactive Payment Account, and ten (10) years in other cases, from the date of the last Payment Transaction, excluding the recording of debits by Treezor taking into account all types of fees and commissions.

15. Transfer of the Payment Account

Upon request to Skipr and to Treezor, the Employer may obtain the conditions of transfer of its Payment Account in order to obtain the role of the receiving and the sending institution at each stage of the banking mobility procedure, as provided for in article L. 312-1-7 of the Monetary and Financial Code, the time limits for completion of the various stages, the information that the Employer may have to communicate, and the procedures for contacting the customer relations department in order to receive any complaints.

16. PROFESSIONAL SECRECY

Treezor and Skipr are bound by professional secrecy with regard to the Employer, in accordance with the regulations in force. 

However, this secrecy may be waived, in accordance with the regulations in force, by virtue of a regulatory and prudential legal obligation, in particular at the request of the supervisory authorities, the tax or customs administration, as well as the criminal judge established by article L.562-4 of the Monetary and Financial Code or in the event of judicial requisition.

Notwithstanding the foregoing, the Employer has the right to release Treezor and Skipr from professional secrecy by indicating in writing the third parties authorised to receive confidential information concerning the Employer. Professional secrecy may also be waived in accordance with the regulations in favour of companies providing important operational tasks to Treezor under the Terms and Conditions.

17. Personal data

Skipr and Treezor declare that they comply with the regulations applicable to the protection of Personal Data, in particular the GDPR and the national laws of France and Belgium in relation thereto. 

Personal Data is collected by Treezor for the sole purpose of performing payment services under the Terms and Conditions and as described in this Article.

Skipr acts as a subcontractor of Treezor within the meaning of article 4 of the GDPR for the performance of these Terms and Conditions and as a controller as described within Skipr privacy policy for the performance of all its services for the Employer and the end-users.

Processing of Personal Data

The processing purposes

Treezor, in its capacity as data controller, processes the Personal Data of data subjects in the context of the management of the Payment Account(s) and the provision of the payment services covered by the Agreement. The purpose of the processing carried out by Treezor is: 

- knowledge of the Employer and the Card users and the updating of their data, 
- keeping and managing the Payment Account(s), 
- risk management, control and monitoring linked to the internal control to which Treezor is subject, 
- security and prevention of non-payment and fraud, collection, litigation, 
- compliance by Treezor with its legal and regulatory obligations and in particular the identification of inactive accounts, the fight against money laundering and terrorist financing, the automatic exchange of information relating to accounts in tax matters,
- segmentation for regulatory purposes, 
- carrying out statistical studies and making data more reliable, 
- monitoring the exercise of data subjects' rights.

Legal basis for processing

Treezor justifies the lawfulness of the data processing under article 6(c) of the GDPR. By virtue of its status as an Electronic Money Institution, Treezor must carry out the processing operations set out below in order to meet its legal obligations.

Personal Data processed

The Personal Data collected by Skipr in the name and on behalf of Treezor in the provision of Payment Services may be the following:

- data identifying any natural person intervening for the Employer or holding a Card issued for the Employer (surname, first name, date of birth, identity card and passport number, postal and email address, telephone number, tax number and residence, legal situation, nationality, gender, country of birth)
- data related to the financial and professional situation of the data subject (employment contract, pay slip, etc.)
- data related to the operations and transactions that the data subject carries out using the Payment Services (payments, transfers)
- bank data (IBAN, card number, balance)
- identification data or digital authentication data linked to the use of the Payment Services (connection and usage logs, IP address, etc.).

Mandatory nature of the collection of Personal Data

The processing by Treezor of the Personal Data provided for in this Article is mandatory. Refusal by data subjects to communicate all or part of their Personal Data may result in Treezor's rejection of the request to open a Payment Account.

Communication of Personal Data to third parties

The Employer authorises Treezor, by accepting this agreement, to communicate, under the conditions described below relating to professional secrecy, the Personal Data concerning all data subjects mentioned in this Article, in the context of the provision of Payment Services and the management of the Account(s), to:

- third parties for the purpose of complying with a legal or regulatory obligation or responding to a request from the supervisory authority, in particular the French Prudential Supervisory Authority (ACPR), the French Data Protection Agency (CNIL), judicial bodies, the tax administration tax, TRACFIN, etc.
- external companies for the execution of services that it subcontracts: payment service agents, card managers and manufacturers, mobile payment managers, members of the SEPA banking network (managers of credit transfers and direct debits), trusted third parties, cheque managers.

Hosting of Personal Data

The processing and hosting of Personal Data is carried out in the European Union.

Personal Data retention period

Personal Data is retained, in order to comply with legal and regulatory obligations and for security purposes, for a period of five (5) years from the date of closure of the Account for information collected for anti-money laundering and anti-terrorist financing purposes.

The exercise of rights relating to Personal Data

Subject to the restrictions set out in the legislation on banking and the protection of Personal Data, data subjects have a right of access, rectification, restriction, opposition, deletion and portability of the Personal Data concerning them. To exercise any of these rights, data subjects can send their request to Treezor (41, rue de Prony – 75017 Paris or dpo@treezor.com). A maximum period of one (1) month may be necessary between receipt of the request and Treezor's response. 

18. Fight against money laundering and terrorist financing

Pursuant to the provisions of articles L.561-2 et seq. of the Monetary and Financial Code relating to the participation of financial institutions in the fight against money laundering and terrorist financing, Treezor is required to obtain information from the Employer for any transaction or business relationship initiated under the conditions of articles L.561-2 et seq. of the Monetary and Financial Code, in particular, the origin, purpose and destination of the Payment Transaction or the opening of the Payment Account. It must also carry out all the necessary steps to identify the Employer and, where applicable, the beneficial owner. The Employer undertakes to take all reasonable care to enable Treezor to carry out a thorough examination of the Payment Transaction, to inform Treezor of any exceptional transaction compared with the Payment Transactions usually recorded on his Payment Account and to provide it with any document or information required.

The Employer recognises that Treezor may be required to set up monitoring systems aimed at combating money laundering and the financing of terrorist activities.

The Employer acknowledges that Treezor may terminate or postpone at any time the opening of the Payment Account or the execution of a Payment Transaction in the absence of sufficient information about its purpose or nature. The Employer is informed that a Payment Transaction carried out hereunder may be subject to the exercise of the right of disclosure of the national financial intelligence unit.

The Employer may, in accordance with regulations, access all information thus communicated, provided that this right of access does not jeopardise the purpose of combating money laundering and the terrorist financing when such Personal Data relates to the Employer and is held within the framework of articles L621-8, L621-9 and L621-10 of the Monetary and Financial Code.

No prosecution based on articles 226-13 and 226-14 of the Penal Code and no civil liability action may be brought or any professional sanction pronounced against Treezor, its managers or employees or against any other person referred to in article L.562-1 of the Monetary and Financial Code who have made in good faith the declarations mentioned in articles L.561-22 of the same Code.

19. Claims

In the event of difficulties concerning the Services provided by Treezor and Skipr, the Employer may, at his option, contact Skipr's Customer Service in order to obtain all the desired information, or make any complaint communicated in writing to Treezor's Customer Complaints Service.

Within this framework, Treezor undertakes: 

  • to acknowledge receipt of any complaint made by the Employer within ten (10) Business Days of receipt;
  • to reply to the Employer within fifteen (15) Business Days of receipt of its complaint.

However, if additional time is needed to respond, Treezor will send a holding reply stating the reasons for the delay. It will keep the Employer informed of the progress of the processing of its complaint. In any event, the Employer will receive a final response no later than thirty-five (35) Business Days following receipt of its complaint by Treezor.

20. Force majeure

The Parties will not be held liable, or deemed to have failed hereunder, for any delay or non-performance, where the cause of the delay or non-performance is related to an event of force majeure. 

21.Protection of funds

The Employer is informed that the funds credited to the Account are protected in accordance with article L.522-17.I of the Monetary and Financial Code and are held in a segregated account opened under the conditions required by the regulations. They are thus protected against any recourse by other creditors of Treezor, including in the event of enforcement proceedings or insolvency proceedings opened against Treezor.

22. Non-assignment

The Employer may not assign all or part of this Agreement, whether in return for payment or free of charge. In the event of failure to comply with this prohibition, in addition to the immediate termination of this Agreement, the Employer's liability may be incurred.

23. Applicable law and jurisdiction

The Terms and Conditions are subject to Belgian law.

In the absence of an amicable agreement, all disputes relating to the formation, validity, interpretation, execution or breach of the Terms and Conditions fall within the exclusive jurisdiction of the courts of Brussels.

Appendix - List of documents ATTACHED TO THE ACCOUNT OPENING REQUEST

The prospect, a legal person who wishes to become a Payment Account holder, transmits the following documents to Skipr and/or Treezor:

- a description of its activity,
- an extract of the Crossroads Bank for Entreprises (Belgium) or a Kbis extract (France) less than three months old,
- the articles of association of the company, certified as being in conformity with the original by an authorised representative,
- a copy of an official identity document (e.g. identity card, driving licence, and for non-EU nationals a passport) which is valid and a proof of the address of the authorised representative in contact with Treezor,
- the list of natural persons holding more than 25% of the company's capital,
- the following self-certification form of tax residence: 

Identification of the Employer

Name:

Legal form:

Address:

Official number:

Tax residence

Country of tax residence

Tax Identification Number

Declaration

The Employer certifies the accuracy and completeness of the information given above, and undertake to immediately inform Treezor of any change in the circumstances requiring the update of this declaration.

The establishment of a certificate containing materially inaccurate facts, the falsification of an originally accurate certificate or the use of a certificate which is inaccurate or falsified is punishable in accordance with article 441-7 of the Penal Code by one year’s imprisonment and a fine of 15,000 €. The penalties are increased to three years' imprisonment and a fine of 45,000 € when the offence is committed in order to prejudice the Public Treasury or the property of others.

These terms and conditions can be easily accessed on the Website as well as on the menu of the Application and can be easily downloaded in a PDF format from the Website. They are applicable from 1st November 2020 onwards and replace all previous terms and conditions on the same matter.

These terms and conditions shall apply to all business clients of Skipr having accepted the “Skipr for business” terms and conditions and having decided to use Skipr payment cards pursuant to article 3.5 of these “Skipr for business” terms and conditions (the “Payment Services”). They shall apply in addition to any general or special conditions applicable to any kind of product or service offered directly or indirectly on the Application, on the Website, per e-mail or per telephone as the case may be, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from Skipr (but shall not overrule “Skipr for business” terms and conditions). However, by accepting the application of these terms and conditions, the User expressly accepts the application of the terms and conditions of the service provider offering its services and/or products on the Application.

Preamble

1. SKIPR, a public limited liability company (“société anonyme” / “naamloze vennootschap”) organised and existing under the laws of Belgium, having its registered office at rue du Belvédère/Belvederestraat 29, 1050 Brussels (Belgium), registered with the Register of Legal Entities of Brussels under undertaking number 0712.537.551 and available at hello@skipr.co (hereinafter referred to as “Skipr”), has developed a mobile application, called Skipr (the “Application”), which aims at offering its users a tool allowing them to search for multiple routes for a given travel, and to choose, book and proceed with the payment of the corresponding third parties’ mobility solutions, e.g. train, bus, taxi, bike, etc. (the “Mobility Services”), aggregated from services of different transportation service providers.

2. Treezor, a simplified joint-stock company (SAS), organised and existing under the laws of France, registered with the Paris Trade and Companies Register under the number 807 465 059, having its registered office at 41 rue de Prony, 75017 Paris (France), acting as an electronic money institution within the meaning of article L.525-1 of the Monetary and Financial Code and approved by the Autorité de Contrôle Prudentiel et de Résolution ("ACPR"), located at 4 Place de Budapest CS 92459 75436 Paris Cedex 09 in its capacity as an electronic money institution under number 16798 (said approval can be found on the ACPR website in the Registry of Financial Agents (REGAFI - www.regafi.fr), is a Payment Service Provider working with Skipr on the payment services offered through the Application (hereinafter referred to as “Treezor”).

3. Any business clients being an Employer (as defined in the “Skipr for business” terms and conditions) willing to use the payment cards and services provided by Treezor through Skipr pursuant to article 3.5 of the “Skipr for business” terms and conditions must accept these terms and conditions (the “Terms and Conditions”) which constitute the commercial partnership agreement entered into between said Employer, Skipr and Treezor (hereinafter referred to as the “Parties”) and setting out the terms and conditions thereof.

1. Purpose of the Terms and Conditions

The purpose of these Terms and Conditions is to govern the use of the Payment Services provided by Treezor to an Employer, through the services offered by Skipr, in return for the payment by the Employer of the fees agreed upon with Skipr pursuant to “Skipr for business” terms and conditions.

It governs the conditions for opening, operating and closing a Payment Account. The Payment Account is individual and only allows for own-account Payment Transactions.

2. Description of the PAYMENT services

The online Payment Services provided by Treezor to the Employer are the receipt and execution of Payment Transactions as further detailed in these Terms and Conditions.

Treezor does not accept cash deposits, remittance of cheques, and does not offer any payment or related services, other than those specifically described in these Terms and Conditions. Treezor does not grant any credit or overdraft.

The Employer acknowledges that it can only open a Payment Account assigned exclusively to the performance of Payment Transactions within the framework of the use of Skipr services pursuant to “Skipr for business” terms and conditions.

Any eligible Employer may send, via the onboarding process defined by Skipr, a request to open a Payment Account used for the purpose of executing Payment Transactions. To this end, it must fulfil the conditions set by Skipr pursuant to “Skipr for business” terms and conditions and attach the documents listed in Appendix and any other document requested by Treezor.

If the account opening request is accepted by Treezor, in accordance with these Terms and Conditions, the prospect becomes holder of a Payment Account. The Employer may subscribe to one or more Cards, the terms and conditions of which are provided in the Card terms and conditions, available on the Website and on the Application. For this purpose, it must designate each natural person becoming a cardholder by their name and surname. It will deliver the Card to each of these persons, who must accept the Card terms and conditions in order to activate their Card.

Access to the online Profile is secured by an Identifier and a password that the Employer shall refrain from disclosing to third parties, in particular by taking all necessary measures. This is an essential condition to secure the relationship between Treezor and the Employer. To be able to accept the Terms and Conditions and use the Payment Services, the Employer must have equipment (hardware and software), for which it is solely responsible, compatible with the Website and the Application as well as an internet or telecom connection. The Employer is personally responsible for the evolution or updating of the equipment necessary to use the Payment Services. In particular, the Employer shall refrain from breaking the native protection of the operating system of its equipment and shall protect its equipment with an anti-virus and firewall produced and developed by a software publisher known and reputed for the reliability of its solutions.

3. Acceptance of the Terms and Conditions by the EMPLOYER

The Terms and Conditions are accepted by the Employer through the onboarding process via the Website and shall, in any case, be considered as accepted upon the Employer requesting the opening of a Payment Account. 

4. Definitions

Unless otherwise defined in the body of these Terms and Conditions, capitalized terms and expressions used but not defined in these Terms and Conditions shall have the meaning ascribed to them in “Skipr for business” terms and conditions.

Article

an article in the Terms and Conditions.

Appendix

an appendix to the Terms and Conditions.

Strong authentication

the authentication method that relies on the use of two or more elements that fall into the categories of "knowledge" (something that only the Employer knows), "possession" (something that only the Employer has) and "inherence" (something that the Employer is) and that are independent in the sense that the compromise of one does not call into question the reliability of the others, and which is designed to protect the confidentiality of authentication data within the meaning of article 4, 30 of Directive 2015/2366 of the European Parliament and of the Council of November 25, 2015 on payment services in the internal market.

Beneficiary

natural or legal person acting as recipient of a Payment Transaction.

Card

systematic authorisation card issued in the name of the Employer and associated with the Payment Account.

Payment Account 

account held by Treezor on behalf of the Employer used exclusively for the purpose of executing Payment Transactions carried out pursuant to “Skipr for business” terms and conditions. 

Card Account

technical account denominated in euros attached to the Payment Account to which the Card is associated, enabling the execution of Card Payment Transactions in euros.

Terms and Conditions

this document.

Effective date of termination

the effective date of termination by the Employer, which occurs at the end of a period of one (1) month from the date on which Treezor receives the termination request notified by the Employer in accordance with Article 10.3.

Foreign Currency

available foreign currencies as indicated by the Partner on the Site.

Personal data 

Personalised Security Data

all information of a personal nature concerning any representative of the Employer or any Card holder, a natural person who is identified or may be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to them.

data provided by Treezor to the Employer for authentication purposes. It includes in particular the Identifier and any other data that may be linked to the Strong Authentication procedure.

Identifier

a sequence of characters used by the Employer to identify itself on the Website and/or the Application and to use the Payment Services.

Business Day

a calendar day, with the exception of Saturdays, Sundays and public holidays in Belgium, on which the payment infrastructures and banks carry out their activities on a regular basis.

Payment Order

instruction transmitted a) by the Payer, who gives a payment instruction to its Payment Service Provider (Payment Order by bank transfer); b) by the Payer, who gives a payment instruction through the Beneficiary who, after receiving the payment order from the Payer, transmits it to the Payer's Payment Service Provider, if applicable, through its own Payment Service Provider (Payment Order by card); c) by the Beneficiary, who gives a payment instruction to the payer's Payment Service Provider, based on the consent given by the Payer to the Beneficiary and, if applicable, through its own Payment Service Provider (Payment Order by direct debit).

Payment Transaction

the action of transferring or withdrawing funds to or from a Payment Account, irrespective of any underlying obligation between the Payer and the Beneficiary, ordered by the Payer and the Beneficiary. 

Payer

natural or legal person giving or authorising a Payment Order.

Profile

all data associated with the Employer.

Payment Service Provider

credit, electronic money or payment institution approved by an authority established in a Member State of the European Union, in a State party to the European Economic Area or in a third country imposing equivalent obligations in terms of the fight against money laundering and terrorist financing.

GDPR

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Customer Service

Skipr's customer service, which can be reached at the number 003278250325 and email address support@skipr.co, from Monday to Sunday, from 7 am to 10 pm.

Payment Services

Payment Initiation Service

services defined in 2°, 3° and 5° of article L.314-1. I of the Monetary and Financial Code provided by Treezor and Skipr to the Employer in accordance with the Terms and Conditions.

device consisting in initiating a Payment Order (transfer) by a third party Payment Service Provider, at the Employer's request, concerning a Payment Account opened in the books of Treezor. 

Treezor Customer Complaints Service

Treezor Customer Complaints Service, reachable:

- by telephone at the following number: +33 (0)1.81 84.19.35.23 (from Monday to Friday (excluding public holidays), from 9 am to 1 pm and from 2 pm to 6 pm),
- by letter to the following address: 41 rue de Prony, 75017 Paris,
- by email to the following address: reclamations@treezor.com.

SEPA Zone

area within which the Employer may use pan-European payment means as defined by the European Payment Council and available on the website www.europeanpaymentscouncil.eu, including in particular the Member States of the European Economic Area to which is added for the purposes hereof Switzerland, Iceland, Norway, San Marino.

5. Pricing and offset

In return for the Payment Services performed, the Employer will pay Skipr the fees agreed upon with Skipr, and Skipr will be responsible for passing them on to Treezor in the amounts agreed between them. It is expressly agreed that the revocation of a Payment Order and the provision of information, in particular as provided for in Article 7 hereof, may result in the collection of specific fees.

The Employer expressly authorises Treezor to proceed to the payment of all the fees due by the Employer and payable under the Terms and Conditions by debiting its Payment Account.

The Parties agree that the reciprocal debts of Treezor and the Employer resulting from the performance of the Terms and Conditions will automatically be converted into simple credit and debit items within the limit of the available provision on the Payment Account. After offsetting, these debits and credits form a net credit or zero balance in the Payment Account. In the absence of sufficient funds in the Payment Account, the amount remaining due by the Employer after offsetting is entered on the statement of his Payment Account on a specific line corresponding to a payable debt.

Notwithstanding the foregoing, the Employer and Treezor agree to offset any liquid, payable and reciprocal debt resulting from the performance of the Terms and Conditions or any other contract. 

Treezor may also exercise a right of retention on all sums, bills and values deposited with it by the Employer, until payment of any balance and, more generally, of any other sums owed by the Employer to Treezor and Skipr. 

6. Opening a Payment Account 

Before being able to submit a request to open a Payment Account, the Employer confirms that it has legal capacity and is resident in a Member State of the European Union or in a State party to the European Economic Area. 

Any request to open a Payment Account requires the Employer to enter the requested identification elements through the onboarding process put in place by Skipr or to transmit them by any other means. The Employer authorises Skipr to transmit to Treezor the information and Personal Data concerning the Employer and the users necessary to create this request, the list of which is given in Appendix. Treezor reserves the right to request any other document or additional information, in particular to enable it to carry out the checks required to comply with its legal obligations, including those relating to the fight against money laundering. The Employer agrees that Skipr may send all such information and documents to Treezor by computer transmission on Treezor's computer systems or by post. 

Treezor carries out additional due diligence within the meaning of article R.561-20 of the Monetary and Financial Code when the conditions for application of this article are met. This will include document verification and certification measures.

Treezor may, at its own discretion and without having to justify its decision, refuse any request to open a Payment Account. This decision can in no case give rise to damages. It will be notified by email to Skipr and to the Employer. 

If Treezor accepts the Employer's request, it will confirm to the Employer, by any means through Skipr, that it accepts the opening of the Payment Account. 

To finalise the opening of its Payment Account, the Employer must create a Profile in order to be authenticated, using an Identifier, a confidential code and/or a single-use code when transmitting an Order, in accordance with these Terms and Conditions and the authentication procedures in force.

7. Functioning of the Payment Account 

General description

Treezor is responsible for maintaining the Payment Account and executing the associated Payment Transactions. 

Payment Transactions are executed by:

  • crediting the corresponding Payment Account when the funds received follow the receipt by Treezor of Payment Transactions by transfer or the acquisition of card Payment Orders, 
  • debiting the corresponding Payment Account, when the transferred funds follow the execution by Treezor of Payment Transactions by transfer or Card. 

The Payment Account is held in euros. Treezor and Skipr do not have any premises or counters and cannot offer the Employer the possibility of carrying out cash transactions, deposits or withdrawals at a counter in its network. No overdrafts may be authorised. Thus, in the event of a Payment Transaction executed in the absence of sufficient funds, Skipr will notify by any means the amount due by the Employer and its obligation to credit his Payment Account, as soon as possible, with an amount sufficient to settle said amount and any intervention costs that may be due. 

The Employer must give its consent by identifying itself and following the Strong Authentication procedure so that Treezor can execute a Payment Transaction or a series of Payment Transactions. However, consent to the execution of a Payment Transaction may also be given by mandating a Payment Service Provider providing a Payment Initiation Service. In the absence of such consent, the Transaction or series of Transactions is considered to be unauthorised. 

Payment Account information and Payment Initiation Services 

The Employer may:

- access the data of its Payment Account through a Payment Service Provider of its choice providing the account information service (online service consisting of providing consolidated information concerning one or more of the Employer's accounts opened with one or more financial institutions),
- initiate a Payment Transaction (transfer), through a Payment Service Provider providing a Payment Initiation Service.

The Employer must give its express consent to the Payment Account information provider for access to the data of the Payment Account and expressly agree to the execution of the Payment Transaction through the payment initiation provider. 

These service providers must be licensed or registered in accordance with the regulations in force.

However, Treezor or Skipr may deny a Payment Service Provider providing an account information or Payment Initiation Service access to the Employer's Payment Account on the basis of objectively justified or documented reasons relating to unauthorised or fraudulent access to the account by that provider, including unauthorised or fraudulent initiation of a Payment Transaction.

In such cases, Skipr and/or Treezor inform(s) the Employer of the refusal of access to the Payment Account and the reasons for such refusal. This information is, if possible, given to the Employer before access is refused and at the latest immediately after such refusal, unless the provision of this information is not communicable for objectively justified security reasons or is prohibited under another provision of European Union law or relevant national law.

Skipr allows access to the Payment Account as soon as the reasons mentioned above no longer exist.

Transfers

Issuance of SEPA transfer Payment Orders 

The Employer may give Payment Orders by transfer in euros from its Payment Account to a bank or payment account opened in the books of a SEPA Payment Service Provider. To this end, the Employer identifies and authenticates itself before transmitting its Payment Order, indicating in particular:

  • the amount in euros (which may not be greater than the amount of the available credit of the Payment Account after deduction of fees),
  • the Beneficiary (name and details of the Beneficiary's account),
  • the date on which the Payment Transaction is executed,
  • the frequency (optional for standing orders),
  • the reason for the Payment Order.

The Parties acknowledge that, unless expressly agreed by Treezor, the Employer and each Card holder may only issue SEPA transfers governed by a common set of rules and practices defined by the European Institutions and the EPC. It is denominated and executed in euros between two (2) banks or payment accounts opened by SEPA Payment Service Providers. 

The procedures for transmitting Payment Orders set out above have the same value as an electronic signature of the Employer or Card holder allowing their identification and proving their consent. 

The Employer acknowledges that such Payment Orders constitute irrevocable Payment Orders given to Treezor to transfer the funds to the Beneficiary's Payment Service Provider as from the date of their receipt by Treezor. The Employer's or concerned Card holder’s revocation of their Payment Order may be accepted if it is received before receipt of the Order by Treezor for immediate execution transfers and before 10 am on the Business Day before the execution date for forward transfers.

Where the Payment Order is given by a Payment Service Provider providing a Payment Initiation Service, the Employer or concerned Card holder may not revoke that Payment Order after having given their consent for the Payment Service Provider providing the Payment Initiation Service to initiate the Payment Transaction.

All transfer Payment Orders are time-stamped and kept for the legal retention period in force. It is expressly agreed that transfers will be executed at the latest at the end of the Business Day following receipt of the request for immediate transfer and on the agreed execution date for forward or standing transfers or the next Business Day if that date is not a Business Day. A Payment Order received on a Business Day after 10:00 am is deemed to be received on the next Business Day. 

Treezor may be required to refuse to execute an incomplete or incorrect transfer Payment Order. The Employer or concerned Card holder will have to re-issue the Payment Order to bring it into compliance. In addition, Treezor may block a transfer Payment Order in the event, in particular, of serious suspicion of fraudulent use of the Payment Account, unauthorised use of the Payment Account, breach of the security of the Payment Account, in the event of a freezing of assets by an administrative authority or in the event of insufficient funds on the Payment Account. 

Receipt of SEPA transfer Payment Orders

The Employer expressly authorises Treezor to receive on its Account Payment Transactions by transfer from an account opened by a SEPA Zone Payment Service Provider in euros. 

Treezor collects the funds in the name and on behalf of the Employer and credits the Employer's Payment Account as soon as possible after the funds have been credited to its own account, except in the event of a legal provision applicable to Treezor requiring its intervention. After the funds have been posted to the Employer's Payment Account, the Employer receives a payment summary containing the following information: amount, date and time, number of the Payment Transaction, name of the Payer, the account debited and the Beneficiary, the reason received by Treezor.

Cards 

The funds transferred result from card Payment Orders given by the Card holder with their Card. Only "CB" or approved "CB", Visa or MasterCard cards that allow the transfer of funds by card from account to account by the holder of said accounts are accepted by Treezor under these conditions. 

The Employer acknowledges that it will act as acceptor in receiving funds from the card networks. The Employer undertakes to comply with all applicable provisions defined by law, regulations, professional standards or the contractual provisions of the card networks that may be applicable. The Employer acknowledges that it may be subject to sanctions or fines in the event of non-compliance with these rules.

Treezor credits the Employer's Payment Account no later than the Business Day on which its own account was credited with the funds. The Employer receives a payment summary from Skipr containing the following information: amount, date and time, Payment Transaction number and reference number transmitted by the Employer.

In the event of the Employer's failure to comply with the obligations herein or with the laws in force, Treezor or Skipr may take safeguard and security measures. Treezor or Skipr may thus send a warning to the Employer, which serves as formal notice and specifies the measures to be taken to remedy the breach. Treezor or Skipr may also automatically decide, with immediate effect, to suspend the Payment Account in the event of failure to comply with the provisions hereof or in the event of violation of the legislation on the fight against money laundering and terrorist financing or any other legislation applicable to it. 

It is specified that a Card Payment Order may be the subject of a request for reimbursement by the debtor to its Payment Service Provider within thirteen (13) months following the Payment Transaction, resulting in the automatic reversal of the debit entry on the Employer's Payment Account by Treezor at the request of Skipr. The Employer undertakes to accept such a reversal.

Execution of Card Payment Orders

Treezor executes Payment Orders for the Card(s) associated with the Employer's Payment Account. The conditions of allocation and operation of the Card(s) are set out in the Card terms and conditions, available on the Website and on the Application.

Card Payment Transactions

Card Accounts are technical accounts in euros or in the Foreign Currency of the Payment Account used for the execution of Payment Transactions made with the Card. The funds credited to Card Accounts are dedicated to the execution of Card Payment Transactions. The Card Accounts must have sufficient funds in Foreign Currency or in euros before the Employer transmits the Card Payment Order.

With regard to Foreign Currencies, the foreign exchange transaction is carried out on condition that the Employer has sufficient funds in euros in its Payment Account. The conversion into Foreign Currency is carried out by Treezor on the day the Transaction is processed and at the exchange rate obtained by Treezor. 

Reporting

A statement of the Payment Transactions recorded in the Payment Account is sent or made accessible to the Employer on a monthly basis by Skipr in order to facilitate the monitoring of the Payment Account. This monthly statement will be deemed authentic between the Parties. The statement must detail the Payment Transactions charged to the Payment Account and include all transactions made by Cards in order to facilitate the monitoring of the Account. The Payment Transaction statement contains the following information: transaction amount, exchange rate applied, amount of Card Payment Transactions in Foreign Currency. The statement also shows the Card Account balance.

It is recommended that the Employer keep the Payment Account statements in case of dispute and systematically check the contents of the statement. A summary statement of fees will be made available monthly by Skipr.

8. Opposition and blocking - Challenge of a payment transaction 

Procedure for opposition by the Employer

As soon as the Employer becomes aware of a theft or loss of its data, it must request the blocking of its Payment Account as soon as possible. Declarations of fraudulent use of the Payment Account or loss or theft of the mobile phone must be made by email or telephone to Customer Service. They must be confirmed by registered letter with acknowledgement of receipt sent to Customer Service. The Employer is informed that any false declaration in connection with these Terms and Conditions is liable to the penalties provided for by law.

A registration number of this opposition is communicated to the Employer and is kept for eighteen (18) months by the Employer.

Effects of the Employer's opposition - Blocking the Payment Account

The request for opposition is immediately taken into account by Skipr, who communicates it as soon as possible to Treezor in order to block the Payment Account. Treezor cannot be held responsible for the consequences of an opposition not issued by the Employer. The request for opposition is deemed to be made on the date of actual receipt of the request by Treezor or any person appointed by it for this purpose. In the event of theft or fraudulent use, Treezor is entitled to request a receipt or a copy of the complaint from the Employer, who undertakes to reply as soon as possible.

Blocking of the Payment Account at the initiative of Treezor

In addition, Treezor may block the use of the Payment Account at its own initiative for reasons relating to its security, in the event of presumed unauthorised or fraudulent use and in the event of a significantly increased risk of the Employer being unable to fulfil his payment obligation. This decision is reasoned and notified to the Employer by any means. If a Payment Account receives a significant number of refunds, cancellations of orders or disputes for unauthorised orders, Treezor may block the operation of the Payment Account.

Challenge of a Payment Transaction

Challenge of Payment Transactions

Claims relating to commercial relations between the Employer, a Payer or a Beneficiary are not admissible with Treezor. Only those relating to the absence or improper execution of a Payment Order given by the Employer to Treezor are covered by this Article and by the Terms and Conditions.

If a Payment Transaction is executed by Treezor with errors due to the fault of the latter, the debit of the Payment Account is cancelled and the Payment Account is restored to the situation it was in before the receipt of the Payment Order concerned. Subsequently, the Payment Order is correctly represented.

The Employer who wishes to dispute a Payment Transaction not authorised by it must contact the Customer Complaints Service of Treezor as soon as possible and within a maximum period of thirteen (13) months from the date of debit of the disputed payment order to the account on which the card operates.

However, the maximum period during which the Employer may dispute a Payment Transaction is set at seventy (70) days from the date on which the disputed payment order is debited from the Payment Account, when the Beneficiary's Payment Service Provider is located outside the European Economic Area.

It is specified that any dispute that has not been formulated without delay will only be admissible in the event of a delay duly justified by the Employer.

After validation of the legitimacy of the request, Treezor will immediately after becoming aware of the Payment Transaction, and at the latest at the end of the first following Business Day, reimburse the Payment Transaction unless it has good reason to suspect fraudulent conduct on the part of the Employer.

Where the unauthorised Payment Transaction has been initiated through a Payment Service Provider providing a Payment Initiation Service, Treezor will immediately, and at the latest by the end of the first following Business Day, reimburse the Payment Transaction. Treezor will restore the Payment Account to the situation it was in if the disputed Payment Transaction had never been carried out. 

Disputes concerning the price of goods or services purchased are not admissible with Treezor. Only those relating to a Payment Transaction are covered by this Article. Treezor remains unaffected by any dispute that may arise between the Employer and a third party. The existence of such a dispute can in no way justify the Employer's refusal to honour the settlement of a Payment Transaction. 

Repayment of unauthorised or incorrectly executed Payment Transactions

In the event of a dispute by the Employer within thirteen (13) months of the debit of the Payment Account, it is up to Treezor to prove that the Payment Transaction was authorised under the conditions laid down in the Terms and Conditions. In the absence of proof by Treezor that the Payment Transaction has been authorised, Treezor will immediately, after becoming aware of the Payment Transaction and at the latest at the end of the first following Business Day, reimburse the Payment Transaction unless it has good reason to suspect fraudulent conduct on the part of the Employer.

Where the unauthorised Payment Transaction has been initiated through a Payment Service Provider providing a Payment Initiation Service, Treezor will immediately, and at the latest by the end of the first following Business Day, reimburse the Payment Transaction. Treezor will restore the Payment Account, in the form of a temporary credit, to the situation it was in if the disputed Payment Transaction had never been carried out. 

The Employer may send Treezor a request for reimbursement of a Payment Transaction ordered through the Beneficiary and authorised by the Employer if the authorisation given did not indicate the exact amount of the Payment Transaction and if the amount of the transaction exceeded the amount that the Payer could reasonably expect. This request must be made within eight (8) weeks of the date on which the funds were debited from the Payment Account and cover the entire Transaction. No request for partial reimbursement can be processed by Treezor. The Employer must provide all the elements relating to the reimbursement claimed. Treezor assesses the legitimacy of the request on the basis of these elements, the Profile of the Employer's past expenditure, the conditions of the Agreement and the circumstances of the Transaction. Treezor has ten (10) Business Days from receipt of the request for reimbursement to perform the reimbursement or to justify its refusal to do so. 

The Parties agree to take the utmost care in informing each other of the conditions of execution of a suspicious  Payment Transaction. Where appropriate, and in particular in the event of fraud or suspected fraud committed by an identified or unidentified third party, Treezor may ask for a copy of the complaint filed.

Responsibility of the Parties

Each holder of a Card must take all measures to keep their Card and preserve the confidentiality of their Personalised Security Data, in particular their confidential code. To this end, they must use their Personalised Security Data in accordance with the purposes specified in these Terms and Conditions. The Employer assumes the consequences of the use of the Card as long as it has not requested an opposition under the conditions set out in these Terms and Conditions.

Treezor is responsible for the proper execution of Payment Transactions with regard to the Employer. Where the payment order is given by the Employer, Treezor is responsible for the proper execution of the Payment Transaction with regard to the Payer until the amount of the Payment Transaction is received. Then, the Beneficiary's Payment Service Provider is responsible for the proper execution of the Payment Transaction with regard to the Beneficiary. Furthermore, neither Treezor nor Skipr can be held liable for any losses caused by unauthorised Payment Transactions in the event of fraudulent conduct on the part of the Employer, fault on the part of the Employer such as a wilful or grossly negligent breach of its obligations (such as, in particular, late submission of the opposition) or any Card holder that the Employer is responsible for. 

1. Unauthorised transactions prior to the opposition request

In the event of unauthorised Payment Transactions resulting from the loss or theft of the Card or the Personalised Security Data associated with it, the Employer bears the losses related to the use of the Personalised Security Data associated with the Card prior to the opposition described in these Terms and Conditions, within the limit of fifty (50) euros.

However, the Employer is not liable for Payment Transactions carried out:

  • without the use of Personalised Security Data; 
  • following the loss or theft of a payment instrument and if the act could not be detected by the Employer prior to the Payment Transaction; 
  • following the misappropriation, without the Employer's knowledge, of the payment instrument or the Personalised Security Data linked to it;
  • following the loss of Personalised Security Data due to the actions or failure to act of an employee, agent or service provider of Treezor;
  • without Treezor requiring Strong Authentication from the Beneficiary's Payment Service Provider.

However, when the Beneficiary's Payment Service Provider is located in a State that is not a member of the European Union or a party to the agreement on the European Economic Area, Payment Transactions resulting from the loss or theft of the Card are borne by the Employer within the limit of fifty (50) euros in the case of Payment Transactions carried out without the use of Personalised Security Data.

2. Unauthorised operations carried out after the opposition request 

Unauthorised Payment Transactions carried out after the opposition request are borne by Treezor, with the exception of those carried out by the Card holder.

As an exception, all unauthorised Payment Transactions are charged to the Card holder, with no limit on the amount, if:

  • the Card holder or the Employer has failed, intentionally or through gross negligence, to fulfil the obligations set out in these Terms and Conditions; or 
  • the loss, theft, misappropriation or any unauthorised use of the Treezor Payment Accounts or the Card is the result of fraudulent conduct by the Card holder or the Employer.

A Payment Transaction is not considered to be unauthorised or improperly executed if the goods or services it covers are not delivered or executed under the conditions laid down by the Beneficiary of the Transaction. Therefore, these Payment Transactions may not be the subject of a request for reimbursement from Treezor or Skipr.

9. Ceilings

Treezor or Skipr will define the maximum ceilings applicable to the Employer for each of the Payment Transactions on his Payment Account. These ceilings will be communicated to the Employer on its Profile and may be modified at any time by Treezor subject to one (1) month's notice. Nevertheless, Treezor or Skipr may, at any time and without prior notice, reduce the amount of the authorised ceilings to zero in the event of a risk of fraud or non-payment. Treezor or Skipr will in no event be liable for any damage that may result for the Employer from the refusal to authorise a Payment Transaction under this Article. 

The amount of the ceilings applied can be consulted by the Employer on its Profile. They will be defined by Transaction or by period (per day, per week, per month and per year).

The Employer is informed that Payment Transactions exceeding one of these ceilings will be automatically refused by Treezor. To request authorisation for such a Transaction, the Employer is invited to contact Skipr or Treezor.

10. Term of the TERMS AND CONDITIONS – AMENDMENTS – TERMINATION and resolution 

Term

These Terms and Conditions shall apply for an undetermined duration as from their acceptation by the Parties.

Amendments to the Terms and Conditions

Treezor and Skipr reserve the right to amend the Terms and Conditions at any time. 

Any proposed amendment following changes in the regulations applicable to the Terms and Conditions is notified to the Employer by Treezor, before the date of application proposed for its entry into force, following a notice period of fifteen (15) days from said notification to the Employer.

In the absence of a written objection by registered letter with acknowledgement of receipt sent to Treezor by the Employer before the expiry of this fifteen (15) day period, the Employer is deemed to have accepted these changes. In the event that the proposed amendment is not accepted within the specified time limit, the Employer may terminate the use of the Payment Services upon written request, free of charge, prior to the proposed effective date of the amendment. This request does not affect all debits (fees, contributions, payment) for which the Employer remains liable.

In the event of an amendment of the Terms and Conditions which is not due to changes in the regulations applicable to the Terms and Conditions, the proposed amendment of the Terms and Conditions is notified to the Employer, prior to the date of application proposed for its entry into force, following a notice period of two (2) months from said notification to the Employer.

In the absence of a written objection by registered letter with acknowledgement of receipt sent to Treezor by the Employer before the expiry of this fifteen (15) day period, the Employer is deemed to have accepted these changes. In the event that the proposed amendment is not accepted within the specified time limit, the Employer may terminate the use of Payment Services upon written request, free of charge, prior to the proposed effective date of the amendment. 

This request does not affect all debits (fees, contributions, payment) for which the Employer remains liable.

Termination by the Employer

The Employer may request the resolution of its agreement with Skipr and Treezor at any time. This request must be formalised by registered letter with acknowledgement of receipt sent to Skipr.

The Employer must maintain a balance sufficient to ensure the proper completion of current Payment Transactions for the time necessary to settle them and the payment of the fees due under the Terms and Conditions. 

Resolution in cease of breach

In the event of serious breach by a Party, the agreement between the Parties may be terminated with immediate effect by registered letter with acknowledgement of receipt. The resolution will take effect from the date of receipt of said letter by the other Parties.

Serious breaches by the Employer are understood to mean: providing false information, carrying out illegal or immoral activities, suspicion of money laundering or terrorist financing, threats against employees of Treezor, non-payment, failure to comply with one of his obligations hereunder, excessive debt, closure of his Profile. 

Serious breaches by Treezor are understood to mean: communication of false information, failure to comply with an obligation under the Terms and Conditions, appointment of a receiver, appointment of a judicial administrator, opening of receivership or liquidation proceedings. 

In the event of a change in the applicable regulations and the interpretation thereof by the regulatory authority concerned affecting the capacity of Treezor or its agents to provide Payment Services, the Terms and Conditions will be automatically terminated by registered letter with acknowledgement of receipt. The resolution will take effect from the date of receipt of said letter by the other Parties.

Effects of the resolution 

The Payment Account will be closed on the effective date of termination provided that all amounts due under the Terms and Conditions have been paid by the Employer. This resolution entails the termination of the Terms and Conditions and does not call into question the services previously performed or in progress on the Effective Date. The Employer will no longer be able to transmit a Payment Order as of the effective date of termination. The Payment Account may be maintained for a period of fifteen (15) months in order to cover any subsequent disputes and claims. Payment Transactions initiated prior to the effective date of termination will not be affected by the termination request and must be executed under the terms of the Terms and Conditions.

Skipr will notify to the Employer the name of a successor appointed to Treezor to provide services equivalent to those provided for in the Terms and Conditions. The Employer will be invited to enter into a new contract with the designated successor. For this purpose, it must confirm in writing to Treezor the transfer of the funds belonging to them, the amount and date of which will be notified to the Employer.

11. Employer's commitments

When the Employer creates a Payment Account, it undertakes to comply with all the provisions of the Terms and Conditions. 

Creation of the Profile by the Employer

The Employer warrants that the information in its Profile is accurate on the day of the request to open the Payment Account and undertakes to update it as soon as possible following any changes throughout the term of the Terms and Conditions. Where applicable, Treezor and Skipr will not be liable for any damage that may result from an inaccuracy or a change if it has not been notified by the Employer. 

Confidentiality of the Employer's access codes

The Employer undertakes to keep the confidential code or any other code to access or use its Payment Account secret. In the event of unauthorised use of the Payment Account by a third party, the Employer will bear the losses resulting from fraudulent conduct on its part, intentional breach or gross negligence in the performance of its obligations under the Terms and Conditions.

Lawfulness of the use of the Payment Account

The Employer undertakes to operate its Payment Account in compliance with monetary and tax legislation or legislation on financial relations with foreign countries, embargoes, the fight against corruption, money laundering and the financing of terrorism, in force in Belgium and in any European Union member country in which Treezor and/or Skipr is established for the conclusion of the Terms and Conditions. In addition, the Employer undertakes to carry out only activities that comply with the regulations applicable to it. It will pay any fine, sanction or damages borne by Treezor and/or Skipr and resulting from an activity of the Employer which is illegal, unlawful or immoral. In this respect, the Employer undertakes not to carry out or promote the exercise of activities that are criminally punishable such as the endangerment of minors, acts of paedophilia, acts of infringement of works protected by an intellectual property right, failure to respect the protection of Personal Data, breaches of automated data processing systems, acts of money laundering or terrorist financing, failure to comply with the provisions relating to gambling, horse racing, lotteries and the provisions relating to the conditions for exercising regulated professions.

12. Agreement on proof 

The Parties acknowledge that Payment Orders transmitted in accordance with these Terms and Conditions and recorded by Treezor are deemed to be authorised by the Employer and duly authenticated. Proof of this authentication may be provided by reproducing on a computer medium the use of the technical means assigned for this purpose to the Employer. 

13. The automatic exchange of information relating to payment accounts for tax purposes

In accordance with the legislation in place for the automatic exchange of information in relation to Payment Accounts for tax purposes, Treezor must identify the residence for tax purposes of the Employer and fulfil annual reporting obligations with regard to the French tax administration concerning the declarable accounts of persons not resident for tax purposes in France (including tax carry out diligence in identifying the residence for tax purposes of the Payment Account holder and fulfil annual reporting obligations with regard to the French tax authorities concerning the declarable accounts of persons not resident for tax purposes in France (including Specified U.S. Persons, within the meaning of the FATCA law). The French tax administration transmits this information to the tax administration of the country of residence for tax purposes of the Employer of the declarable account if the regulations concerning the automatic exchange of information so requires.

The Employer undertakes to provide Treezor with all the documents and proof relating to their country(ies) of residence for tax purposes.

14. Inactive PAYMENT Accounts

A Payment Account is deemed inactive in the following cases:

  • If the Payment Account has not been the subject of any Payment Transaction for a period of twelve (12) months during which, apart from the entry of interest and debits by Treezor taking into account fees and commissions of all kinds and the Employer, its legal representative or the person authorised by the Employer has not made any contact with Treezor or Skipr;
  • If, within twelve (12) months from the liquidation or bankruptcy of the Employer, no assign has informed Treezor or Skipr of their wish to assert the Employer’s rights on the Payment Account.

When Treezor notes that the Payment Account is inactive, it informs Skipr so that it can contact the Employer or its assigns to inform them of the consequences of such inactivity. This information will be renewed, as the case may be, for two (2) or nine (9) years and one last time six (6) months before the Account closing date, under the conditions provided for by the regulations. 

The assets recorded on the inactive Payment Account are deposited with the Caisse des Dépôts et Consignations after a period of three (3) years in the event of inactive Payment Account, and ten (10) years in other cases, from the date of the last Payment Transaction, excluding the recording of debits by Treezor taking into account all types of fees and commissions.

15. Transfer of the Payment Account

Upon request to Skipr and to Treezor, the Employer may obtain the conditions of transfer of its Payment Account in order to obtain the role of the receiving and the sending institution at each stage of the banking mobility procedure, as provided for in article L. 312-1-7 of the Monetary and Financial Code, the time limits for completion of the various stages, the information that the Employer may have to communicate, and the procedures for contacting the customer relations department in order to receive any complaints.

16. PROFESSIONAL SECRECY

Treezor and Skipr are bound by professional secrecy with regard to the Employer, in accordance with the regulations in force. 

However, this secrecy may be waived, in accordance with the regulations in force, by virtue of a regulatory and prudential legal obligation, in particular at the request of the supervisory authorities, the tax or customs administration, as well as the criminal judge established by article L.562-4 of the Monetary and Financial Code or in the event of judicial requisition.

Notwithstanding the foregoing, the Employer has the right to release Treezor and Skipr from professional secrecy by indicating in writing the third parties authorised to receive confidential information concerning the Employer. Professional secrecy may also be waived in accordance with the regulations in favour of companies providing important operational tasks to Treezor under the Terms and Conditions.

17. Personal data

Skipr and Treezor declare that they comply with the regulations applicable to the protection of Personal Data, in particular the GDPR and the national laws of France and Belgium in relation thereto. 

Personal Data is collected by Treezor for the sole purpose of performing payment services under the Terms and Conditions and as described in this Article.

Skipr acts as a subcontractor of Treezor within the meaning of article 4 of the GDPR for the performance of these Terms and Conditions and as a controller as described within Skipr privacy policy for the performance of all its services for the Employer and the end-users.

Processing of Personal Data

The processing purposes

Treezor, in its capacity as data controller, processes the Personal Data of data subjects in the context of the management of the Payment Account(s) and the provision of the payment services covered by the Agreement. The purpose of the processing carried out by Treezor is: 

- knowledge of the Employer and the Card users and the updating of their data, 
- keeping and managing the Payment Account(s), 
- risk management, control and monitoring linked to the internal control to which Treezor is subject, 
- security and prevention of non-payment and fraud, collection, litigation, 
- compliance by Treezor with its legal and regulatory obligations and in particular the identification of inactive accounts, the fight against money laundering and terrorist financing, the automatic exchange of information relating to accounts in tax matters,
- segmentation for regulatory purposes, 
- carrying out statistical studies and making data more reliable, 
- monitoring the exercise of data subjects' rights.

Legal basis for processing

Treezor justifies the lawfulness of the data processing under article 6(c) of the GDPR. By virtue of its status as an Electronic Money Institution, Treezor must carry out the processing operations set out below in order to meet its legal obligations.

Personal Data processed

The Personal Data collected by Skipr in the name and on behalf of Treezor in the provision of Payment Services may be the following:

- data identifying any natural person intervening for the Employer or holding a Card issued for the Employer (surname, first name, date of birth, identity card and passport number, postal and email address, telephone number, tax number and residence, legal situation, nationality, gender, country of birth)
- data related to the financial and professional situation of the data subject (employment contract, pay slip, etc.)
- data related to the operations and transactions that the data subject carries out using the Payment Services (payments, transfers)
- bank data (IBAN, card number, balance)
- identification data or digital authentication data linked to the use of the Payment Services (connection and usage logs, IP address, etc.).

Mandatory nature of the collection of Personal Data

The processing by Treezor of the Personal Data provided for in this Article is mandatory. Refusal by data subjects to communicate all or part of their Personal Data may result in Treezor's rejection of the request to open a Payment Account.

Communication of Personal Data to third parties

The Employer authorises Treezor, by accepting this agreement, to communicate, under the conditions described below relating to professional secrecy, the Personal Data concerning all data subjects mentioned in this Article, in the context of the provision of Payment Services and the management of the Account(s), to:

- third parties for the purpose of complying with a legal or regulatory obligation or responding to a request from the supervisory authority, in particular the French Prudential Supervisory Authority (ACPR), the French Data Protection Agency (CNIL), judicial bodies, the tax administration tax, TRACFIN, etc.
- external companies for the execution of services that it subcontracts: payment service agents, card managers and manufacturers, mobile payment managers, members of the SEPA banking network (managers of credit transfers and direct debits), trusted third parties, cheque managers.

Hosting of Personal Data

The processing and hosting of Personal Data is carried out in the European Union.

Personal Data retention period

Personal Data is retained, in order to comply with legal and regulatory obligations and for security purposes, for a period of five (5) years from the date of closure of the Account for information collected for anti-money laundering and anti-terrorist financing purposes.

The exercise of rights relating to Personal Data

Subject to the restrictions set out in the legislation on banking and the protection of Personal Data, data subjects have a right of access, rectification, restriction, opposition, deletion and portability of the Personal Data concerning them. To exercise any of these rights, data subjects can send their request to Treezor (41, rue de Prony – 75017 Paris or dpo@treezor.com). A maximum period of one (1) month may be necessary between receipt of the request and Treezor's response. 

18. Fight against money laundering and terrorist financing

Pursuant to the provisions of articles L.561-2 et seq. of the Monetary and Financial Code relating to the participation of financial institutions in the fight against money laundering and terrorist financing, Treezor is required to obtain information from the Employer for any transaction or business relationship initiated under the conditions of articles L.561-2 et seq. of the Monetary and Financial Code, in particular, the origin, purpose and destination of the Payment Transaction or the opening of the Payment Account. It must also carry out all the necessary steps to identify the Employer and, where applicable, the beneficial owner. The Employer undertakes to take all reasonable care to enable Treezor to carry out a thorough examination of the Payment Transaction, to inform Treezor of any exceptional transaction compared with the Payment Transactions usually recorded on his Payment Account and to provide it with any document or information required.

The Employer recognises that Treezor may be required to set up monitoring systems aimed at combating money laundering and the financing of terrorist activities.

The Employer acknowledges that Treezor may terminate or postpone at any time the opening of the Payment Account or the execution of a Payment Transaction in the absence of sufficient information about its purpose or nature. The Employer is informed that a Payment Transaction carried out hereunder may be subject to the exercise of the right of disclosure of the national financial intelligence unit.

The Employer may, in accordance with regulations, access all information thus communicated, provided that this right of access does not jeopardise the purpose of combating money laundering and the terrorist financing when such Personal Data relates to the Employer and is held within the framework of articles L621-8, L621-9 and L621-10 of the Monetary and Financial Code.

No prosecution based on articles 226-13 and 226-14 of the Penal Code and no civil liability action may be brought or any professional sanction pronounced against Treezor, its managers or employees or against any other person referred to in article L.562-1 of the Monetary and Financial Code who have made in good faith the declarations mentioned in articles L.561-22 of the same Code.

19. Claims

In the event of difficulties concerning the Services provided by Treezor and Skipr, the Employer may, at his option, contact Skipr's Customer Service in order to obtain all the desired information, or make any complaint communicated in writing to Treezor's Customer Complaints Service.

Within this framework, Treezor undertakes: 

  • to acknowledge receipt of any complaint made by the Employer within ten (10) Business Days of receipt;
  • to reply to the Employer within fifteen (15) Business Days of receipt of its complaint.

However, if additional time is needed to respond, Treezor will send a holding reply stating the reasons for the delay. It will keep the Employer informed of the progress of the processing of its complaint. In any event, the Employer will receive a final response no later than thirty-five (35) Business Days following receipt of its complaint by Treezor.

20. Force majeure

The Parties will not be held liable, or deemed to have failed hereunder, for any delay or non-performance, where the cause of the delay or non-performance is related to an event of force majeure. 

21.Protection of funds

The Employer is informed that the funds credited to the Account are protected in accordance with article L.522-17.I of the Monetary and Financial Code and are held in a segregated account opened under the conditions required by the regulations. They are thus protected against any recourse by other creditors of Treezor, including in the event of enforcement proceedings or insolvency proceedings opened against Treezor.

22. Non-assignment

The Employer may not assign all or part of this Agreement, whether in return for payment or free of charge. In the event of failure to comply with this prohibition, in addition to the immediate termination of this Agreement, the Employer's liability may be incurred.

23. Applicable law and jurisdiction

The Terms and Conditions are subject to Belgian law.

In the absence of an amicable agreement, all disputes relating to the formation, validity, interpretation, execution or breach of the Terms and Conditions fall within the exclusive jurisdiction of the courts of Brussels.

Appendix - List of documents ATTACHED TO THE ACCOUNT OPENING REQUEST

The prospect, a legal person who wishes to become a Payment Account holder, transmits the following documents to Skipr and/or Treezor:

- a description of its activity,
- an extract of the Crossroads Bank for Entreprises (Belgium) or a Kbis extract (France) less than three months old,
- the articles of association of the company, certified as being in conformity with the original by an authorised representative,
- a copy of an official identity document (e.g. identity card, driving licence, and for non-EU nationals a passport) which is valid and a proof of the address of the authorised representative in contact with Treezor,
- the list of natural persons holding more than 25% of the company's capital,
- the following self-certification form of tax residence: 

Identification of the Employer

Name:

Legal form:

Address:

Official number:

Tax residence

Country of tax residence

Tax Identification Number

Declaration

The Employer certifies the accuracy and completeness of the information given above, and undertake to immediately inform Treezor of any change in the circumstances requiring the update of this declaration.

The establishment of a certificate containing materially inaccurate facts, the falsification of an originally accurate certificate or the use of a certificate which is inaccurate or falsified is punishable in accordance with article 441-7 of the Penal Code by one year’s imprisonment and a fine of 15,000 €. The penalties are increased to three years' imprisonment and a fine of 45,000 € when the offence is committed in order to prejudice the Public Treasury or the property of others.

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