Terms of Use

PayFacile is an application operated by CASAR, a simplified joint-stock company with a capital of 105,000 euros, whose registered office is located at 24, rue de Clichy, in Paris (75009), registered with the Paris Trade and Companies Register under the identification number 802 933 887 and having as its intra-community VAT number FR91802933887 (the "Company").

PayFacile (the "Application") offers its users (the "User(s)") the possibility to design a merchant website, following the detailed instructions in the user guide provided in Annex A, incorporating online order and payment forms, as well as a payment and subscription management interface, all connected to Stripe and/or GoCardless. A range of services (the "Service(s)") is made available on the Solution to facilitate the creation and management of an effective e-commerce presence.

The description of all the Services offered by the Application is listed in Annex B.

It is expressly indicated that PayFacile does not act as a payment gateway. Consequently, it is the User's responsibility to subscribe to the services of a payment gateway compatible with the Application. The payment gateways compatible with the Application are indicated in Annex B.

These General Terms and Conditions of Sale (the "Contract") apply, without restriction or reservation and to the exclusion of all other conditions, to the provision of the aforementioned Services.

In the event that the User is not a professional within the meaning of the consumer code, the provisions of Article 11 herein shall apply to them.

The User acknowledges having the required capacity to subscribe to the aforementioned Services and declares having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose before implementing the online ordering procedure.

Article 1 – Purpose of the Contract

The Contract aims to define the terms and conditions applicable to access to the Application and the Services subscribed by the User.

The Company grants to the User, who accepts, a right, under the strict conditions of Article 5, of access and use of the Application and the applicative Services for the duration of their subscription.

The User may not transfer all or part of the rights and obligations resulting from this Contract without the written and prior consent of the Company.

It is specified that for the proper execution of the present, the User undertakes to notify the Company as soon as possible of any change in their correspondence address (email and/or postal box). The Company cannot be held responsible for the consequences of the User's failure to notify this information.

Article 2 – Access to the Application

Access modalities to the Application

The Application is accessible as follows:

User access (the "User Access")

User Access is made from any computer or mobile device, using the identifiers provided by the Company. This access facilitates the management and administration of the Solution, allowing among other things to build and customize a merchant or e-commerce website, implement automatic billing for purchases made on the site, consult and modify customer information, or suspend or terminate customer subscriptions.

The identifiers provided are personal and confidential. The User commits to do everything possible to keep the identifiers secret and not to disclose them in any form.

The User is entirely responsible for the use of said identifiers. They will ensure that no other person unauthorized by the Company has access to the Application's Services. In the event that they become aware that another person has accessed these services, the User will inform the Company without delay and confirm it by registered letter and by email.

In case of theft or loss of identifiers, the User will inform the Company without delay and confirm it by registered letter.

The Clients

Clients' access to their Portal is done through a unique URL link communicated by email in accordance with the instructions of the user guide in Annex A.

The Client has the possibility to consult on the Portal their invoices, notify the User of their intention to terminate or suspend their subscription, modify their billing details, and update their payment information.

The use of the Application by the Client will be carried out within the limit of the Offer subscribed by the User. In the event that the Contract is terminated, access to the Portals will be closed by the Company, and the Clients will then have no access to these Portals.

The User has the possibility to suspend or terminate the subscription of the Subscribers at any time.

The Company reserves the right to take legal action, on any basis and directly, against the User in case of any prejudice of any nature caused by the Clients and in particular so that the User repairs all the damaging consequences caused by these third parties. Consequently, the User will ensure the proper respect of the conditions of use of the Application by the Clients.

Technical conditions of access and updates to the Application

The Company provides the User with the Services via the Application accessible on its server through the internet network 24 hours a day, 7 days a week, except for maintenance periods.

To ensure the proper functioning of the Application, it is specified that it is optimized for the latest versions of the web browsers, Chrome and Firefox.

The Application is accessible at the following web address: https://www.payfacile.com

The Company reserves the right to update and make functional modifications to the Application at any time, which may temporarily make access to the Services unavailable.

The User is also warned of the technical hazards and access interruptions that may occur. Consequently, the Company cannot be held responsible for unavailabilities or slowdowns of the Services.

The Company commits to implementing regular checks to provide a reasonable assurance that the User can access and use the Application under the conditions determined by these terms.

The User commits not to expose the Application to any risk of hacking and attempts to breach the Application's and its security system's vulnerability. Consequently, the User must implement all appropriate measures to prevent the aforementioned risks or any other risk that could affect the Application and its hosting.

Article 3 – The Offers

Several offers are proposed to the User (the "Offer(s)") as appearing at the following address: https://www.payfacile.com/pricing/

It is specified that the User subscribing to a free Offer remains nevertheless subject to all the provisions of the present Contract. Consequently, their responsibility may be engaged in particular if the latter or their Clients caused any damage to the Company.

The choice of the Offer by the User is their sole and entire responsibility. They nevertheless have the possibility, at any time and even during the Contract, to change Offer.

The subscription of the User to an Offer is for a duration of one month renewable by tacit renewal. In the event that the User would no longer wish to have their commitment tacitly renewed, they must follow the procedure provided for this purpose in their profile available on the Application, it being specified that this termination will only take effect at the end of the month in which the termination of the Contract is requested.

It is recalled that the Application does not act as a payment gateway. Consequently, it is the User's responsibility to subscribe, at their expense, to the services of a payment gateway compatible with the Application. The payment gateways compatible with the Application are indicated in Annex B. The price of the Offers does not include the fees charged by the payment gateway.

Article 4 - Data Ownership

The User remains the owner of all the data they communicate in the context of the use of the Application.

The User expressly authorizes the Company to host said data on the server chosen freely by the latter and to use them in particular for the needs of the operation of the Application but also to exploit them for statistical purposes.

The Company will ensure that the chosen server for said hosting uses appropriate means to ensure the integrity of the establishment and the conservation of the data, as well as the protection and confidentiality of the collection, storage, and processing of the User's data.

However, the Company will in no case be responsible for violations of the aforementioned obligations committed by said host. The responsibility will remain with this host.

If the data transmitted by the User includes personal data, the User guarantees to the Company that they have complied with all the obligations incumbent on them, particularly under the law n° 78-17 of January 6, 1978. As such, the User guarantees the Company against any recourse, complaint, or claim related to the hosting or use of said data.

Article 5 – License and Intellectual Property

The Company grants the User a personal, non-exclusive, non-transferable, non-assignable right to use the Services for the duration of the Contract.

This Contract does not confer any ownership rights over the Services. The temporary provision of the Services cannot be considered as the transfer of any intellectual property rights to the User.

The User commits to using the Application solely in accordance with their needs. This license is granted solely to enable the User to use the Services in accordance with their intended purpose.

The User may not, under any circumstances, make the Services available to a third party and strictly prohibits any other use, particularly any adaptation, modification, translation, arrangement, distribution, or decompilation, without this list being exhaustive.

Furthermore, the User is strictly prohibited from reproducing any element of the Application or any documentation related to it, by any means, in any form, and on any medium.

Article 6 – Liability

Use of the Application

The Company's role is limited to providing the Services to the User.

The User is solely responsible for the consequences of using the Application by themselves and any third parties, including Clients.

The User must ensure that their use of the Application complies with legal and regulatory provisions. The Company does not guarantee the User regarding the compliance of the Application's use, whether actual or planned, with national or international legal and regulatory provisions.

The User specifically commits, but not limited to:

  • not to create or distribute false, defamatory, ambiguous, or inaccurate information and content that could mislead the recipients of the information;
  • not to send unsolicited or unauthorized advertising, "spam," chain letters, pyramid schemes, or undertake any other form of solicitation, except in cases expressly designed for this purpose;
  • not to add or disseminate content that includes racist, xenophobic, pornographic statements, support for terrorism;
  • not to publish or propagate computer programs (viruses or malware) that could cause damage to the computer systems of the Company, its customers, users, and suppliers, or third-party Internet users;
  • not to impersonate other users by using the usernames and passwords they used to register and access services offered by the Application;
  • not to disseminate, communicate, or make available to third parties any type of information, element, or content that infringes upon the fundamental rights and freedoms recognized in the Constitution and international treaties;
  • not to disseminate, communicate, or make available to third parties any type of information, element, or content that constitutes illegal or unfair advertising;
  • not to disseminate, communicate, or make available to third parties any type of information, element, or content that violates intellectual and industrial property rights, patents, trademarks, or copyright held by the owners of the PayFacile service or third parties; and
  • not to disseminate, communicate, or make available to third parties any type of information, element, or content that violates the secrecy of communications and/or legislation concerning the protection of personal data.

    • Transaction Conditions via the Application

    The Company, only providing a technical role in the setup of Internet Sites, cannot be considered as the seller of the services or objects sold by the User through the Application.

    Therefore, the User must establish the general and specific terms of sale for the goods and/or services sold via the Application, to which the Company remains a third party. The User will thus be solely responsible for the conditions and consequences of the completion or non-completion of these goods and services. They must ensure compliance with legal and regulatory conditions and handle all disputes from their Clients.

    As the Application does not act as a payment gateway, the Company cannot be held responsible for failures, deficiencies, or any contractual breaches of the payment gateway. The User cannot, in these cases, act on any basis and for any reason against the Company.

    It is also expressly agreed between the Parties that the Company does not guarantee the legal effectiveness of the documents generated by the Application (invoices...). Therefore, the User is solely responsible for the documents they generate through the Application and cannot blame the Company for any lack of legal value of the documents generated by the Application.

    Data

    The Company does not control the use of the Application by the User and the various data and information entered by them and any third parties, including the Clients. The Company cannot in any case be held responsible for this content.

    The User therefore admits to being solely responsible for the information they publish and the Internet site they create, assumes full responsibility, and discharges the Company and other third parties from all responsibility.

    The User commits not to enter content that may harm public order or morals, provoke protests from third parties, or violate current legal provisions.

    As a result, it is expressly agreed that if the Company were to be implicated, in any way, in any country, by a third party based on a right of industrial and/or intellectual property related to an element provided by the User, the User agrees to fully guarantee the Company against the direct and/or indirect economic and financial consequences (including procedure and defense costs) that would result from these claims.

    The User must ensure the sending of data to the Application and cannot blame the Company on any basis and for any reason for the non-receipt or loss of data transmitted. The User will then ensure to keep a backup of the transmitted data. Moreover, once the Contract is terminated, the User is informed that the transmitted data as well as all the data generated and/or stored in the Application (invoices...) will be destroyed by the Company.

    General Provisions

    In any case, the Company can in no circumstance be responsible for indirect or unforeseeable losses or damages of the User or third parties, which includes in particular any missed earnings, inaccuracy or corruption of files or data, commercial prejudice, loss of turnover or profit, loss of clientele or loss of chance related to any title and on any basis whatsoever to the present Contract.

    The Company cannot be held responsible for delays or non-performance of the present Contract justified by force majeure, as defined by the jurisprudence of French courts and tribunals.

    Article 7 – Fees

    The User owes a fixed monthly royalty, the amount of which is set according to the price list available at the following address: https://www.payfacile.com/pricing

    VAT will be due by consumers, in the sense of consumer law, concluding the present Contract. Regarding professional Users, VAT may eventually be due by them to the Company according to applicable community provisions. Consequently, the User commits, upon simple request from the Company, to provide accurate and real information regarding their legal and fiscal situation.

    The monthly amount of the royalty will be paid on the anniversary date of the conclusion of the present Contract by automatic bank withdrawal; by exception, the monthly price of the first month's subscription will have to be fully paid on the day of the order, according to the following modalities:

    By credit card: Visa, MasterCard, American Express.

    Payment data is exchanged in encrypted mode. Payments made by the User will only be considered final after the effective collection of the amounts due by the Company. An invoice is issued by the Company and given to the User once the payment is made.

    Article 8 – Termination

    In case of breach by the User of their contractual obligations, the Contract may be suspended and then terminated by rights by the Company. The User will be informed by electronic means by mentioning the breaches of the present contract.

    Once the Contract is terminated, the User will cease to access the Services of the Application and the data transmitted to the Application will be destroyed by the Company. The Clients will no longer have access to the Portals.

    Article 9 – Communication

    The User authorizes the Company to communicate on any support and by any means the existence of the User's listing under the present Contract with the Company. For this purpose, the Company may use the User's logo on its Site or on any other communication medium.

    Article 10 – Data Protection

    In application of the law n° 78-17 of January 6, 1978, it is reminded that the personal data requested from the User are necessary for the processing of their order and for the issuance of invoices, among other things.

    This data may be communicated to possible partners of the Company in charge of the execution of the present.

    The User has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, and opposition concerning the information concerning them.

    The User can exercise their rights by writing to the following email address: contact@payfacile.com or to the postal address mentioned in the "contact" section of the site https://www.payfacile.com

    A response to the User's request will be sent within 30 days.

    Article 11 – Special Provisions Applicable to Consumers

    In the event that the User is a consumer in the sense of consumer law, the following provisions will also apply to them:

    Right of Cancellation

    By accepting these General Terms and Conditions of Sale, the User expressly requests the Company to start the execution of the provisions provided herein before the expiration of the withdrawal period and expressly waives their right of withdrawal. Consequently, in application of article L. 121-21-8 of the consumer code, under section 1 and 13, the User will not be able to retract their commitment made with the Company.

    Applicable Guarantees

    The Company guarantees, in accordance with legal provisions and without additional payment, the Users, against any lack of conformity or hidden defects, coming from a defect in design or realization of the ordered Services.

    To assert their rights, the User must inform the Company, in writing, of the existence of defects or lack of conformity of the Services.

    The Company will refund or rectify or will have rectified (as far as possible) the Services deemed defective as soon as possible.

    The eventual refund will be made by credit on the User's bank account or by bank check sent to the User.

    The Company's guarantee is limited to the reimbursement of the Services actually paid by the User and the Company cannot be considered responsible or failing for any delay or non-performance following the occurrence of a force majeure usually recognized by French jurisprudence.

    The Company cannot be held responsible in case of non-compliance with the legislation of the country in which the Services are provided, which it is up to the User alone to verify and comply with.

    Declarations

    The User acknowledges having had communication, prior to placing their order, in a legible and understandable manner, of these General Terms and Conditions of Sale and of all the information and notices referred to in articles L111-1 to L111-7, and in particular:

  • the essential characteristics of the ordered Services, taking into account the communication medium used and the concerned Services;
  • the price of the Services and the additional fees;
  • information on the identity of the Company, its postal, telephone, and electronic contact details, and its activities, if they do not emerge from the context;
  • information on legal and contractual guarantees and their implementation modalities;
  • the functionality of digital content and, where applicable, its interoperability;
  • the possibility of resorting to conventional mediation in case of dispute;
  • information on the right of withdrawal.

    • Ordering on the Site implies full and complete acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the User, who renounces, in particular, to avail themselves of any contradictory document, which would be unenforceable against the Company.

    Article 12 – Governing Law and Language

    This Contract is governed by French law.

    In the event that this Contract is translated into one or more foreign languages, only the French text shall prevail in case of dispute.

    Article 13 – Disputes

    Any dispute arising from the interpretation, execution, non-execution, or consequences of this Contract will be submitted, in the event that the dispute is brought before the French civil jurisdictions.

    In the event that the User is a professional in the sense of consumer law, exclusive jurisdiction is granted to the Paris Commercial Court.

    The User is informed that they may in any case resort to conventional mediation or any alternative dispute resolution method (conciliation, for example) in case of dispute.

    Annex A – PayFacile User Guide

    Registration on PayFacile must be carried out at the following internet address: https://www.payfacile.com

    To activate their account and collect payments by credit card via the internet, it is essential to have an account with one of our partner payment gateways and to have authorized the PayFacile application to manage this account. This step is to be carried out from the Settings section.

    The Settings section allows defining the tax rate applicable to all products and subscription offers sold via the PayFacile account. This rate will appear on invoices automatically issued with each new order. This section also allows defining the User's General Terms and Conditions of Sale. These GTC will appear on all order forms.

    To create an order form, go to the My Products section. By clicking on New Product, you can choose the type of product to create and set the parameters of what you want to sell and the information you want to ask your customers during their order. Once saved, the form is online at the indicated internet address (URL).

    Your customers can now access this order form and pay by credit card. You will be notified by email when a new order is placed. The details of this order will be accessible from the My Orders section.

    In the case of a product sold by subscription, a modification of the product's conditions does not lead to a change in ongoing subscriptions. In accordance with consumer protection law, automatic debits made at the renewal of a subscription will occur 3 days after the renewal date.

    Annex B – Summary of services offered by PayFacile

    PayFacile allows you to put online order forms for products and subscription offers so that the users of PayFacile's customers can order and pay online.

    The payment gateways compatible with the PayFacile application are:

    Stripe: https://www.stripe.com

    GoCardless: https://gocardless.com/