Payment account agreement for individuals

General Provisions

This Payment Account Agreement comes into force on September 23, 2024, and from that date cancels and replaces all previous versions with the same purpose that were binding on the Parties. The previous version can be consulted at the following address: https://sumeria.eu/en/essentials/terms-and-conditions/payment-account-agreement-for-individuals-23-09-2024/.

Article 1: Definitions

For the application and interpretation of this Payment Account Agreement, words and expressions beginning with a capital letter have, notwithstanding any definition given in another document, the meanings attributed to them below, whether they are used in the singular or in the plural:

“Strong Authentication” means authentication measures based on the use of two (2) or more elements belonging to the categories “knowledge” (something that only the Customer knows), “possession” (something that only the Customer possesses) and “inherence” (something that the Customer is) and which are independent in that the compromise of one does not call into question the reliability of the others, and which are designed in such a way as to protect the confidentiality of the authentication data.

“Beneficiary” means any natural or legal person identified by the Customer by a telephone number, an email address and/or an IBAN.

“BIC” (“Bank Identifier Code“) means an international code of eight (8) or eleven (11) alphanumeric characters assigned by the Office for International Standardisation (ISO) to identify a financial institution such as Lydia Solutions.

“Card” means the international Visa systematic authorisation payment Card issued by Lydia Solutions to the Customer in respect of the Additional Services, which is linked to the Payment Account and which is also subject to the Card Agreement. 

“Main Customer” means the Customer who has created a Shared Account..

“Payment Account” means the Payment Account opened in Lydia Solutions’ books in the Customer’s name and subject to the terms and conditions set out in this Payment Account Agreement.

“Payment Account Agreement” means this document.

“Shared Account” means an additional Service offered by Lydia Solutions to the Customer which consists in sharing the Payment Account at the Customer’s request and under his liability, in accordance with the terms and conditions described in this Payment Account Agreement as well as the special conditions of use, between several Customers, namely on the one hand the Main Customer of the Shared Account and on the other hand one (or more) Participant(s).

“Payment Account Agreement” means this document.

“Personalised Security Data” means any personalised data defined, as the case may be, by the Customer or by Lydia Solutions for Authentication purposes (e.g. identifier, password, Confidential Code).

“SEPA Area” means all the states listed by the European Central Bank on its website.

“IBAN” (“International Bank Account Number“) refers to the identifier used to uniquely identify a Wallet.

“Participant” means the Customer or any natural person who finances a Wallet in the form of contributions.

“Entitled Participant” means a Participant who has received and accepted a power of attorney from the Main Customer, authorizing him to access and use the Wallet for which he has received a power of attorney.

“Threshold” means the maximum amount of forty thousand (40,000) euros credited to the Payment Account when the latter is opened in the name of a Customer who qualifies or is assimilated to the status of “US Person” within the meaning of the FATCA regulations of 18 March 2010 (Foreign Account Tax Compliance Act). This amount may change depending on the applicable regulations.

“Wallet(s)” means the account attached to the Payment Account in which the Customer’s funds are stored, as well as any sub-account that he creates according to the terms and limits provided for by this Payment Account Agreement.

“SEPA Direct Debit” means a one-off or recurring payment transaction, denominated in euros, between a creditor, initiating the transaction, and a debtor (the Customer) and whose accounts may be located in France or elsewhere. any country in the SEPA Area.

“Payment initiation service provider” means an establishment authorized to provide a payment initiation service, namely a payment service consisting of initiating a payment order at the Customer’s request from the Customer’s Payment Account.

“Account Information Service Provider” means a third party service provider authorised to provide an account information service, namely a payment service consisting of the provision of consolidated information concerning one or more Payment Accounts held by the Customer, either with one payment service provider or with more than one payment service provider including Lydia Solutions. 

“RIB” means a bank identification statement in the Customer’s name issued by a payment service provider established in the EEA.

“Video Selfie” means a video recording made by the Customer using a compatible terminal with a video/camera function in order to carry out the identity verification.

“Additional Services” means payment services additional to the basic services attached to the Payment Account and which the Customer may benefit from depending on the nature of the services provided to him by Lydia Solutions.

“Verified User” refers to the status acquired by the Customer once they have completed the identity verification process.

“Transfer” means any Internal Transfer and any SEPA Transfer.

“Internal Transfer” refers to a means of transferring funds between the Beneficiary Payment Account and that of the Customer, at the request of the latter and subject to acceptance by the Beneficiary.

“SEPA Transfer” means a means of payment by which Lydia Solutions transfers, on the instructions of the Customer and where applicable according to the terms provided for in this Payment Account Agreement, a sum of money from the Customer’s account to another account, opened in the books of a payment service provider established within the SEPA Area.

For all intents and purposes, capitalized terms used in the singular or plural and not defined in this article shall retain the meaning ascribed to them in the General Terms and Conditions, bearing in mind that in the event of a contradiction between the terms defined in the General Terms and Conditions and those of this Payment Account Agreement, the terms of the latter shall prevail.

The French version of these rules prevails over the English version.

Article 2: Purpose

This Payment Account Agreement constitutes a framework contract for payment services within the meaning of article L. 314-12 of the French Monetary and Financial Code, and governs the conditions for opening, operating and closing a Payment Account, opened in Lydia Solutions’ ¹ books, as well as the terms and conditions for providing the payment services linked to it. This Payment Account Agreement is concluded between Lydia Solutions and the Customer, a natural person of legal age who is not acting for professional purposes. The Payment Account is intended to record the Customer’s transactions relating solely to his private life, to the exclusion of all professional transactions.

The Customer acknowledges and agrees that all the provisions of the General Terms and Conditions and the Pricing and Limits Annex apply to this Payment Account Agreement. 

Payment Account – Presentation and operation

Payment Account – Presentation and operation

Article 3: Characteristics of the Payment Account

1 – General characteristics

The Payment Account is a Payment Account within the meaning of article L. 314-1 of the French Monetary and Financial Code, denominated in euros and without overdraft authorisation. 

The Payment Account is an individual account, as Lydia Solutions does not allow the opening of joint accounts. However, the Customer may give power of attorney to Participants to act on a Shared Account of which he is the Main Customer.

The Customer acknowledges and accepts that, in application of the General Terms and Conditions, closure of the Customer’s Personal Account entails closure of the Payment Account and termination of this Payment Account Agreement.

2 – Relations with Lydia Solutions

The nature and terms of provision of services linked to the Payment Account may vary depending on the contractual relationship established between the Customer and Lydia Solutions. The Payment Account Agreement thus defines (i) basic services attached to the Payment Account and provided to all Customers, and (ii) additional Services which may vary depending on the contractual relationship established between the Customer and Lydia Solutions. 

3 – Strong Authentication

In accordance with applicable regulations, Lydia Solutions applies Strong Authentication measures via the Customer’s mobile Application when the Customer :

• Remote access to your Payment Account;
• Initiates an electronic payment transaction;
• Carries out a transaction using a remote means of communication likely to involve a risk of payment fraud or any other fraudulent use. 

Lydia Solutions reserves the right to waive the obligation to apply Strong Authentication measures in cases expressly covered by the applicable regulations and in particular the technical regulatory standards concerning authentication and communication.

4 – Power of Attorney

The Customer may give power of attorney to a third party agent to operate their Payment Account, in the same way as they could do so themselves. However, only the Customer may close the Payment Account or terminate these General Terms and Conditions.

The authorised representative must not be banned from banking or the courts. Transactions initiated by the authorised representative are binding on the Customer as if they had been carried out by the Customer.

Lydia Solutions reserves the right to accept, refuse or withdraw the power of attorney. 

The power of attorney remains valid until revoked by the Customer or his authorised representative. The power of attorney shall also cease to have effect in the event of the death of the Customer or the authorised representative. Lydia Solutions must be informed as soon as possible of any revocation of a power of attorney. The Customer remains liable for any transactions carried out by the authorised representative following the revocation of the power of attorney until such revocation has been communicated to Lydia Solutions. 

The power of attorney does not entitle the authorised representative to any remuneration.

5 – Payment Account balance

The Customer acknowledges and agrees that the balance on the Payment Account must always be positive and that he must regularly ensure that the balance on his Payment Account is sufficient before carrying out any payment transaction. 

In the event that the balance of the Payment Account is insufficient to execute a payment transaction, said transaction will be wholly or partially rejected by Lydia Solutions. Fees, as detailed in the Pricing and Limits Annex, may be applied. If the situation is not remedied within a reasonable period of time, the Customer expressly agrees that Lydia Solutions may debit the payment instrument registered in the mobile Application with the amount necessary to ensure that the balance is no longer in debit. 

6 – Cheques

No cheque service will be provided to the Customer if the Payment Account does not allow cheques to be issued or cashed.

7 – Protection of funds

The Customer is informed that the funds credited to his Payment Account are protected under the conditions set out in Article L. 526-32 of the French Monetary and Financial Code and are, in accordance with applicable regulations, either held in a segregated account with a credit institution established in the EEA* or may be invested from time to time in eligible short-term money market funds. They are thus protected against any recourse by other creditors of Lydia Solutions, including in the event of enforcement proceedings or insolvency proceedings against Lydia Solutions.

*In the event of the institution’s bankruptcy, deposits are covered by the Fonds de Garantie des Dépôts et de Résolution fund (FGDR) up to €100,000 per financial institution and per Customer.

8 – Banking mobility

In accordance with the applicable regulations, the Customer benefits from a free banking mobility service. This service enables the Customer to automatically transfer the direct debit of recurring transactions from an account opened with another bank to their Payment Account, or vice versa. 

Customers can request the banking mobility service by contacting customer service directly via their mobile Application or by e-mail at contact@sumeria.eu.

9 – Brochure

A European Commission brochure on payment services is available on the Lydia website.

Article 4: Online access to the Payment Account and identity verification

1 – Online access to the Payment Account

The Payment Account and associated services are accessible online via the mobile Application and are subject to Strong Authentication. The Customer acknowledges and accepts that any login to the Application by entering their login details and password constitutes writing within the meaning of article 1365 of the French Civil Code.

It is specified that this entry constitutes proof of the Customer’s consent. If the Customer has forgotten their password, changed their telephone number (linked to their Payment Account) and/or blocked their Payment Account due to too many unsuccessful attempts to enter their password (three incorrect entries), they must follow one of the recovery paths offered to them to regain access to their Payment Account.

2 – Identity check

Customers who reach certain limits, as detailed in the Pricing and Limits Annex, or wish to benefit from specific services (e.g. virtual payment Card issuing or subscriptions) must obtain Verified User status before they can continue to use their Payment Account.

Otherwise, any payment transaction credited to the Payment Account of a Customer who does not have Verified User status, and exceeding the maximum amount that can be credited to a Payment Account whose identity has not been verified by Lydia Solutions, will be put on hold for a period of seven (7) days to allow the Customer to complete the identity verification process. At the end of this period, if the Customer has not completed the identity verification process and/or has not obtained Verified User status, any pending payment transaction will be cancelled and the funds returned to any issuing bank or Payment Account. 

The Customer may request Verified User status at any time via the mobile Application. 

The Payment Account will then be closed as soon as possible and the Customer acknowledges and agrees that the reimbursement of funds will be made by Lydia Solutions by SEPA transfer to a bank, payment or electronic money account, opened with a service provider. payment established in a Member State of the EU or in a State party to the EEA and of which the Customer is the or one of the holders.

3 – Identification data

As part of the implementation of the qualified signature identification measures, the Customer undertakes to provide accurate identification data. The Customer acknowledges that in case of transmission of erroneous data, Lydia Solutions reserves the right to reject the identity verification. If the data used to identify the Customer changes, Lydia Solutions reserves the right to initiate a new qualified signature procedure.

Article 5: Payment Account transactions

1 – Credit transactions

The following transactions may be credited to the Customer’s Payment Account:

• Transfer transactions;
• Reloading operations by bank or payment card not issued by Lydia Solutions;
• Cancellation of debit transactions.

Depending on the Additional Services provided by Lydia Solutions, the Payment Account also allows card credit transactions to be carried out.

In order to be able to receive funds on their Payment Account, the Customer must ensure that they have a valid Payment Account (not blocked or not closed).

Furthermore, the Customer acknowledges and accepts that:

in the event of cancellation by the payer’s payment service provider of a wrongly issued transfer, the corresponding funds will be canceled at the initiative of Lydia Solutions;

if the balance of the Payment Account is insufficiently funded to cancel the aforementioned transfer, the Customer will remain liable for the amount to be reimbursed to Lydia Solutions;

any funds transfer order issued from a payment service provider established outside the SEPA Area will be automatically rejected by Lydia Solutions.

2 – Debit transactions

The following payment transactions may be debited from the Payment Account, subject to a sufficient balance:

• Transfer transactions 
• Direct Debit operations
• Cancellation of credit transactions.

Depending on the Additional Services provided by Lydia Solutions and subject to a sufficient balance, the Payment Account can also be used to carry out the following transactions 

• Card payment transactions; and
• Cash withdrawal transactions (with Card).

The Customer undertakes to honour all payment orders made using their Payment Account.

In order to send funds from their Payment Account, the Customer must ensure that they have a valid Payment Account (not blocked or not closed).

The Customer must ensure that the Beneficiary’s telephone number, email address, or IBAN are valid and correct.

In the case of an Internal Transfer initiated by the Customer, if the Terms are not accepted within seven (7) days by the Beneficiary, the funds transfer order is automatically canceled on the eighth (8) day. The amount of the order will then be automatically credited to the Customer’s payment account.

3 – Compensation

It is agreed between the Parties that the reciprocal, liquid and due debts of Lydia Solutions and the Customer resulting from the execution of this Payment Account Agreement, shall be offset by debiting and crediting the Payment Account within the limit of the available balance. In the absence of sufficient funds on the Payment Account, Lydia Solutions reserves the right to debit the payment instrument registered in the mobile Application. In the event that an amount remains due by the Customer after offsetting, such debt shall remain payable.

4 – Reversal

Unless otherwise agreed, any debit or credit to the Payment Account, which is automatic, is not final and cannot be deemed as acceptance by Lydia Solutions, which the Customer acknowledges and accepts.

Consequently, the Customer hereby authorises Lydia Solutions to reverse any transaction credited in error to his Payment Account.

Article 6: Bank details

A unique identifier can be associated with the Customer’s Wallet. The latter is indicated on the RIB of the Customer’s Wallet and consists of (i) the IBAN and (ii) the BIC. Depending on the payment transactions carried out, the Customer must communicate his IBAN and/or BIC. 

The RIB(s) of the Payment Account are accessible from the Mobile Application.

For all purposes, the Customer is reminded in particular that:

• obtaining and using a personal IBAN is only possible with Verified User status;
• the IBAN is strictly personal and must be used for non-professional purposes;
• any communication of the personal IBAN by the Customer must only be made for the benefit of trusted third parties;
• the use of the IBAN may, where applicable, be subject to restrictions and/or generate costs for the Customer, it being remembered that these restrictions and costs are described in the Tariffs and Limits Annex that the Customer undertakes to comply with. consult regularly before using the IBAN;
• Lydia Solutions cannot under any circumstances be considered liable for any damage that may result for the Customer from the refusal or non-functioning of a transaction transiting via the IBAN.

Likewise, Lydia Solutions reserves the right to provide the Customer with a virtual IBAN (technical IBAN providing a unique number composed of several characters associated with a Wallet, allowing in particular to receive funds).

The Customer is informed that he can create a limited number of Wallets, which are linked to the Payment Account, but are not systematically associated with an IBAN different from that allocated for the Payment Account. This limitation is provided for in the Tariffs and Limits Annex.

In any event, the Customer is informed that Lydia Solutions cannot be held liable for any of the following cases:

• a loss due to a technical deficiency of the system, if this is notified to the Customer by a message on their terminal or in another visible manner;
• any damage resulting directly or indirectly from a case of force majeure;
• for any indirect damage, loss of income or profits or any other loss or damage resulting from the use or non-use of the IBAN.

Article 7: Account statements

Statements of account for the Customer’s Payment Account are issued monthly and made available to the Customer on a durable medium via the mobile Application or by request to customer service. 

At any time during the contractual relationship and at the Customer’s request, account statements may be sent to the Customer free of charge on paper. 

In January of each year, together with their account statement, Customers will also receive an annual statement of fees downloadable on a Durable Medium via the mobile Application or by request to customer service. This statement of fees will list all the fees levied for managing the Payment Account in respect of the previous calendar year: annual account management fee, Card fee, subscription to a service bundle, transfers, withdrawals, stop payments, etc. The Customer will also receive an annual statement of fees in January of each year.

Customers are advised to keep their account statements and summaries of fees for a minimum of five (5) years.

Service and payment transactions

Article 8: Scope of application

The provisions of this Chapter apply to payment transactions within the EEA, in euro or in the currency of an EEA Member State, and where both payment service providers are located within the EEA, subject to special provisions.

They also apply to payment transactions made in a currency other than that of an EEA Member State where both payment service providers are located within the EEA, subject to special provisions.

Lastly, they apply, exclusively in respect of the parts of the transaction executed in the EEA and subject to special provisions, to payment transactions carried out in any currency and where only one of the payment service providers is located in the EEA.

Article 9: Customer consent

1 – Consent and revocation of a payment order

For a payment transaction to be carried out, the Customer must give his consent, which takes the form of the channel used: 

• By complying with the Authentication procedures communicated by Lydia Solutions when initiating a payment transaction from the mobile Application;
• Where applicable, by complying with the terms and conditions for obtaining consent set out in the Card Agreement in the event of the initiation of a payment transaction using a Card issued by Lydia Solutions; and
• Where applicable, through the beneficiary or a Payment Initiation Service Provider.

A series of payment transactions is authorised if the Customer has given his consent to the execution of the series of transactions, in particular in the form of a direct debit mandate.

In the absence of consent, the payment transaction or series of payment transactions is deemed to be unauthorised.

Unless otherwise stipulated below, the Customer may not revoke a payment order: 

• Once he had been received by Lydia Solutions ; 
• When the payment transaction is initiated by the payee (direct debit) or by the Customer who gives a payment order via the payee, after having sent the payment order to the payee or given his consent to the execution of the payment transaction to the payee ; 
• Where the payment transaction is initiated by a Payment Initiation Service Provider, after he has given his consent for the Payment Initiation Service Provider to initiate the payment transaction.

However, the Customer may revoke a payment order under the following conditions:

• At the latest by the end of the business day preceding receipt of the payment order;
• In the case of direct debits, no later than the end of the business day preceding the due date;
• In the event of legal proceedings, receivership or liquidation of the beneficiary if the payment transaction was made using a Card and the account of the beneficiary’s payment service provider has not been credited with the amount of the payment transaction.

2 – Consent to the use of data necessary for the performance of payment services

In accordance with article L. 521-5 of the French Monetary and Financial Code, the Customer explicitly consents, by accepting these terms and conditions, to allow Lydia Solutions to access, process and store any information that the Customer has provided to Lydia Solutions for the purpose of executing payment services. These provisions and this consent do not affect the respective rights and obligations of Lydia Solutions and the Customer with respect to data protection. The Customer may withdraw this consent by closing his Payment Account. If he withdraws his consent in this way, Lydia Solutions will cease to use such data for the purpose of providing payment services. However, Lydia Solutions may continue to process such data for other legitimate purposes and reasons, including its legal obligations.

Article 10: Execution of a payment order

The period within which Lydia Solutions must execute a payment order shall run from the time of receipt of the payment order in the manner and according to the means of communication provided for herein.

It is agreed between the Customer and Lydia Solutions that the time of receipt shall be, in particular, the Business Day on which all information necessary for the execution of the payment order has been received by Lydia Solutions.

Where the Customer and Lydia Solutions agree that the execution of the payment order will commence on a particular day or at the end of a specified period or on the day on which the payer has made the funds available to Lydia Solutions, the time of receipt shall be deemed to be the agreed day (subject again to all necessary information having been transmitted). 

If the time of receipt is not a Business Day, the payment order is deemed to have been received on the next Business Day. 

Deadlines for accepting payment orders may apply depending on the payment transaction concerned.

Article 11: Refusal to execute a payment order

The Customer acknowledges and agrees that Lydia Solutions may refuse to execute a payment order given by the Customer. In this case, Lydia Solutions will notify its refusal to the Customer by any means at the latest by the end of the first Business Day following the moment of receipt of the payment order. The notification will be accompanied, if possible, by the reasons for the refusal except in the case of a prohibition under another relevant provision of EU or national law. Where the refusal is justified by a material error, Lydia Solutions will, if possible, indicate to the Customer the procedure to be followed to correct such error.

If the refusal is objectively justified, Lydia Solutions may charge a fee for sending the aforementioned refusal notification.

A refused payment order is deemed not to have been received.

Article 12: Charges

No fee is charged by Lydia Solutions on the total amount transferred in connection with the execution of a payment transaction when it is made in euro or in the currency of an EEA Member State and both payment service providers are located within the EEA.

In the event of receipt of a payment transaction in any currency, Lydia Solutions nevertheless reserves the right to deduct any fees due directly from the total amount received. In this case, the total amount of the payment transaction and the fees are separated on the Customer’s account statement.

Lydia Solutions informs the Customer that, when executing a payment transaction in a currency other than that of a Member State of the EEA or, regardless of the currency in which the transaction is carried out, when one of the payment service providers is located outside the EEA, intermediaries may have levied fees before Lydia Solutions receives the funds. 

In the case of a payment made with a Card, the applicable exchange rate is that applied by Visa, Lydia Solutions’ partner, on the date on which the transaction concerned is processed by the Visa payment network, and not that in force on the date on which the payment is authorised.

Lydia Solutions’ provision of payment services to the Customer under this Payment Account Agreement is subject to the pricing set out in the pricing conditions applicable to the products and services. 

In January of each year, a specific document summarising all the fees levied by Lydia Solutions during the previous calendar year in respect of the provision of the payment services provided for herein will be sent to the Customer on a durable medium.

Article 13: Turnaround times and value date

Payment transactions are governed by the provisions set out below, unless otherwise specified in the Card Agreement.

1 – Turnaround times

The Wallet used by the Customer is debited upon acceptance of the funds transfer order by Lydia Solutions.

For the following payment transactions:

-Payment transactions in euro, where both payment service providers are located in the EEA,

-Or resulting in a single conversion between the euro and the currency of a member state of the EEA outside the euro zone, as long as the transfer takes place in euros and the conversion is made in the other member state of the euro zone. EEE, to the exclusion of any other operation,

the account of the payment service provider of the beneficiary of the payment transaction is credited at the latest at the end of the first Business Day following the time of receipt of the order by Lydia Solutions.

2 – Provision of funds

Lydia Solutions will make the amount of the payment transaction of which the Customer is beneficiary available to him immediately after his own account has been credited where it does not require conversion or where there is conversion between the euro and the currency of an EEA Member State or between the currencies of two EEA Member States. 

3 – Value date

The value date of a payment transaction is the date on which the transaction is recorded on the Payment Account at the time it is executed.

Article 14: Disputes concerning payment transactions and liability

If, upon receipt of their account statement, the Customer becomes aware of a payment transaction that they have not authorised or of an error in the processing of a payment transaction, they must notify Lydia Solutions without delay. This notification must be made to Lydia Solutions in the following manner:

• Directly in the mobile Application by clicking on the Help tab. 

• By email to customer support at contact@sumeria.eu
• By post addressed to Lydia Solutions, customer support, 14 Avenue de l’Opéra, 75001 Paris – France. 

No dispute shall be accepted after a period of thirteen (13) months from the date on which the payment transaction was debited to the Customer’s Payment Account or from the date on which the payment transaction should have been executed, on pain of foreclosure.

These principles apply regardless of whether a Payment Initiation Service Provider is involved in the payment transaction.

Lydia Solutions shall not be liable in the event of force majeure or where Lydia Solutions is bound by other EU or French legal or regulatory obligations.

1 – Liability in the event of a poorly executed payment transaction

Lydia Solutions is liable for the improper execution of payment transactions from/to the Customer’s Payment Account. However, Lydia Solutions shall not be liable if Lydia Solutions is able to justify :

• For transfers and direct debits received: that the funds have been sent to the beneficiary’s payment service provider within the stipulated deadlines;
• For transfers received: that the funds have been credited to the Customer’s Payment Account;
• For direct debit advices issued: that the payment order has been sent to the payer’s payment service provider for the direct debit date specified by the Customer, and that the funds have been credited to the Customer’s Payment Account. 

Lydia Solutions cannot be held liable either if, as a result of the Customer’s communication of non-existent or erroneous bank details, a payment transaction could not be executed or was executed in favour of a person other than the beneficiary intended by the Customer, Lydia Solutions not being obliged to check that the beneficiary designated by the Customer is the account holder. 

In the event of a transaction being carried out incorrectly as a result of the Customer providing incorrect contact details : 

• Lydia Solutions will endeavour to recover the funds involved; 
• If Lydia Solutions is unable to recover the committed funds, Lydia Solutions will make available to the Customer, at his request, and subject to compliance with the regulations applying to Lydia Solutions, in particular concerning banking secrecy, the information at its disposal which may document any legal action taken by the Customer with a view to recovering the funds;
• Collection fees may be charged to the Customer by Lydia Solutions.

If Lydia Solutions is liable for the non-execution or improper execution of a payment transaction, Lydia Solutions will reimburse the Customer for the costs incurred by the Customer as a result of the non-execution or improper execution of the payment transaction by Lydia Solutions and, unless otherwise instructed by the Customer and provided that the transaction concerned has been reported by the Customer without delay, and at the latest within the thirteen (13) month period mentioned above under penalty of foreclosure, Lydia Solutions will, as the case may be:

• Re-credit the Customer’s Payment Account by the amount of the incorrectly executed transaction and, where applicable, restore the Customer’s Payment Account to the state in which it would have been had the transaction not taken place. In this case, the value date on which the Customer’s Payment Account is credited is no later than the date on which it was debited;
• Immediately credit the Customer’s Payment Account with the amount of the transaction. In this case, the value date on which the Customer’s Payment Account was credited is no later than the value date that would have been attributed to it if the transaction had been correctly executed;
• Will transmit the payment order to the payer’s payment service provider.

In any event, Lydia Solutions will reimburse the Customer for all costs and debit interest incurred by the Customer as a result of the non-execution or poor execution of the payment transaction attributable to Lydia Solutions.

Whether liable or not, Lydia Solutions shall use its best endeavours to trace any unperformed or incorrectly performed transactions and shall notify the Customer of the results of its investigations. 

By virtue of legal and regulatory provisions, Lydia Solutions may have to carry out verifications, including the implementation of Strong Authentication measures, or request authorisations before executing a payment transaction. In this case, Lydia Solutions shall not be liable for any delay or non-execution of such payment transaction.

All of the above stipulations also apply in the event that the payment transaction is not executed or is executed incorrectly due to a Payment Initiation Service Provider.

2 – Liability in the event of an unauthorised payment transaction

In the event that the Customer disputes having authorised a payment transaction, it is Lydia Solutions’ responsibility to prove by any means that the transaction has been authenticated, duly recorded and accounted for and that it has not been affected by a technical or other deficiency. 

In the event that the transaction has been initiated through a Payment Initiation Service Provider at the Customer’s request, it is on the Payment Initiation Service Provider to prove that the payment order has been received by Lydia Solutions and that, as far as it is concerned, the payment transaction was authenticated and duly recorded and correctly executed, that it was not affected by any technical or other deficiency in connection with either the service it provides or the non-execution, poor execution or late execution of the transaction.

In the event of an unauthorised payment transaction reported without delay by the Customer, and at the latest within the thirteen (13) month period mentioned above under penalty of foreclosure, Lydia Solutions will (i) reimburse the Customer for the amount of the unauthorised transaction immediately after becoming aware of or being informed of the transaction and, in any event no later than the end of the first following Business Day and (ii) restore the Payment Account to the state it would have been in had the payment transaction not been executed, unless Lydia Solutions has good reason to suspect fraud by the Customer. In the latter case, Lydia Solutions will inform the Banque de France french central bank. 

In any event, the Customer acknowledges and agrees that Lydia Solutions may nevertheless reverse the debit of the Payment Account for the amount of a refund made insofar as Lydia Solutions is able to provide evidence of fraud or gross negligence on the part of the Customer.

All of the above provisions also apply if the unauthorised payment transaction was initiated via a Payment Initiation Service Provider.

In the event of unauthorised payment transactions carried out using a payment instrument with Personalised Security Data that has been lost or stolen, the Customer will bear the losses incurred before making the notification for the purpose of blocking the payment instrument, up to a maximum of fifty (50) euros. 

The Customer shall not be liable if the unauthorised payment transaction was carried out without using the personalised Security Data or by unknowingly misusing the payment instrument or the data linked to it (e.g. the Card number). 

Nor shall the Customer be liable in the event of loss or theft of the payment instrument which cannot be detected by the Customer prior to payment, loss due to acts or omissions of an employee or agent of Lydia Solutions or of an entity to which its activities have been outsourced or where the payment instrument has been counterfeited and, in the latter case, the payment instrument issued by Lydia Solutions is still in its possession.

In all cases, unauthorised payment transactions will not be reimbursed if the Customer :

• Has acted fraudulently ;
• Intentionally or through gross negligence failed to meet its obligations to preserve its Personalised Security Data; or
• Reported unauthorised payment transactions more than thirteen (13) months after the date on which they were debited from the account.

After having informed Lydia Solutions in order to block the payment instrument, the Customer shall not bear any financial consequences resulting from the use of this payment instrument or from the misuse of the data linked to it, unless he has acted fraudulently.

3 – Special case of payment transactions where the amount is not known in advance

If the payment transaction, ordered by the payee or by the Customer giving the payment order via the payee, does not initially indicate the exact amount for which it was initiated, and the final amount appears unusual and/or excessive given the nature and amount of the Customer’s previous expenditure, the Customer has a period of eight (8) weeks from the date on which the funds were debited to the Customer’s Payment Account to request reimbursement of the payment transaction.

The Customer must provide Lydia Solutions with any factual elements, such as the circumstances under which he gave his authorisation to the payment transaction, as well as the reasons why he was unable to anticipate the amount of the payment transaction that was debited from his account. In the event that the amount of the payment transaction exceeds the amount that the Customer could reasonably have expected, the Customer may not invoke reasons related to an exchange transaction if the exchange rate agreed with Lydia Solutions has been applied.

Within ten (10) Business Days following receipt of the refund request, Lydia Solutions will either refund the full amount of the payment transaction or justify to the Customer its refusal to refund. 

In the event of a SEPA direct debit, the Customer is entitled to a refund without conditions within the aforementioned period.

Article 15: Safety measures and operating incidents

1 – Safety measures

Payment instruments issued by Lydia Solutions must be kept with the utmost care by the Customer. 

Upon receipt of a payment instrument, the Customer shall take all reasonable steps to safeguard the use of its Personalised Security Data. These obligations apply in particular to Cards, Confidential Codes and any procedure for securing payment orders agreed between the Customer and Lydia Solutions. The Customer shall use the payment instruments issued to him by Lydia Solutions in accordance with the conditions governing their issue and use. 

Any communication of Personalised Security Data to a third party shall constitute gross negligence on the part of the Customer. 

To request the unblocking of their Payment Account, Customers may contact Customer Support at the following e-mail address: contact@sumeria.eu.

As an exception to the foregoing and subject to the contractual terms and conditions between the Customer and Lydia Solutions, the Customer is authorised to disclose the Personalised Security Data relating to its Payment Account and, where applicable, to any other payment service or instrument, to a Participant duly designated by the Customer and approved in advance by Lydia Solutions. 

In the event of loss, theft, misappropriation or unauthorised use of his payment instrument or the data linked to it, the Customer must inform Lydia Solutions without delay, for the purpose of blocking the payment instrument. This notification must be made to Lydia Solutions in the following manner:

– Directly within the mobile Application ;

– Call + 33 (0)1 82 88 11 69 (toll-free) ;

– By contacting customer service by e-mail at contact@sumeria.eu.

In the event of notification of the loss, theft or misappropriation of a payment instrument, the Customer may then obtain from Lydia Solutions, on request and within eighteen (18) months of the notification made, the information enabling him to prove that he has indeed made this notification.

When the Customer makes a payment transaction face-to-face or remotely, they must check the identity of the recipient and verify the amount of the transaction. Similarly, in the case of remote payment, on the Internet for example, the Customer must be vigilant in ensuring that the payment platform used by the seller is secure.

2 – Operating incidents

All transactions requiring special treatment, in particular when they result in an irregularity or an operating incident on the Payment Account, are subject to specific fees as indicated in the Pricing and Limits Annex applicable to products and services. 

No fees or interest will be levied where the malfunction results from an error, omission or fault attributable to Lydia Solutions.

Article 16: Blocking of a payment instrument at Lydia Solutions’ initiative

Lydia Solutions reserves the right to block any payment instrument for objectively justified reasons relating in particular to the security of the payment instrument, the suspicion of unauthorised or fraudulent use of the payment instrument or the significantly increased risk that the Customer will be unable to meet his payment obligation.

In such cases, Lydia Solutions will inform the Customer of the blocking of the payment instrument and the reasons for such blocking by e-mail, which the Customer hereby accepts, unless giving such information is not feasible for objectively justified security reasons or is prohibited under other relevant EU or national legislation.

Article 17: SEPA Transfers

 1 – Outgoing SEPA Transfer

The Customer may give payment orders for transfers in euros from his Payment Account to a Payment Account opened in the books of another payment service provider in the SEPA Area.

The Customer may only issue SEPA Transfers denominated in euro within the SEPA Area. Other transfers, i.e. (i) transfers in a currency other than the euro and/or (ii) transfers in euros outside the SEPA Area are not permitted.  

Transfer orders must be initiated via the mobile Application, indicating (i) the beneficiary’s account details, (ii) the amount of the transfer and (iii) the reason for the transfer. 

 2 – Incoming SEPA Transfer

The time of receipt by Lydia Solutions of a transfer order is :

• In the case of an immediate transfer initiated by the Customer, on the Business Day on which the payment order is received by Lydia Solutions. If instant reception is not possible, it will be done in the traditional way. In this case, it will take between one (1) and three (3) bank Business Days (depending on the bank and the country from which the transfer is issued).
• In the case of standard transfers, the day of receipt is the Business Day on which the payment order is received by Lydia Solutions provided that it is received before 10am, otherwise the next Business Day. Transfers must be initiated by the Customer from the mobile Application in compliance with the applicable authentication procedures including Strong Authentication procedures. 

3 – Reversal of transfers

Notwithstanding the foregoing, the Customer hereby authorises Lydia Solutions to reverse any Transfer wrongly or erroneously credited to his Payment Account, in particular any Transfer subject to a request for the return of funds from the Transfer originator’s service provider, and/or in the event of proven fraud. In all cases, Lydia Solutions will inform the Customer by any means. The Customer is also informed that in the absence of regularisation, Lydia Solutions may communicate to the payment service provider of the originator of the transfer and/or at the latter’s request all useful information to recover unduly received funds. 

Article 18: SEPA direct debits

1 – Definition of a SEPA direct debit

In order to authorise a SEPA direct debit, the creditor sends the Customer a form called the “SEPA Direct Debit Mandate” containing, in particular, the Customer’s creditor identifier. 

The “SEPA Direct Debit Mandate” is a dual mandate by which the Customer : 

• Authorises the creditor to issue SEPA direct debit orders; and
• Authorises Lydia Solutions to pay these direct debits on presentation. 

The mandate is identified by a unique reference provided by the creditor. The direct debit authorisation will therefore only be valid for the mandate in question.

The Customer must complete the mandate, sign it and return it to the creditor. The creditor will check the details on the mandate and send them to Lydia Solutions for payment. 

The Customer may revoke his SEPA direct debit mandate at any time from the “Direct debit mandate” menu in the mobile Application, by clicking on “Delete mandate” after selecting the mandate in question, or stop one or more payments with Lydia Solutions.

2 – Revocation

In this case, the revocation is valid for all direct debits given from the mandate identified by the debtor. 

The revocation of a mandate is defined as the withdrawal of consent given to the creditor to initiate all direct debits relating to the mandate. 

This revocation must be notified in writing to the creditor concerned and may also be brought to Lydia Solutions’ attention. All direct debits occurring after the day on which Lydia Solutions has been informed of the revocation will be rejected. 

The Customer may terminate a direct debit mandate at any time, from the “Direct Debit” menu, by clicking on “Delete mandate” after selecting the mandate in question.

3 – Opposition

Blocking a direct debit transaction is a preventive measure whereby the Customer refuses (for example in the event of a disagreement between the Customer and the creditor) to pay one or more specific direct debits that have not yet been debited from the Customer’s Payment Account. 

This objection must be made no later than the Business Day preceding the day on which the transaction is to be carried out. 

4 – Reimbursement of authorised and unauthorised withdrawals

The Customer may request reimbursement of an authorised SEPA Direct Debit within eight (8) weeks of the date on which the funds were debited. The refund corresponds to the total amount of the payment transaction carried out. 

The Customer may request reimbursement of an unauthorised SEPA Direct Debit within thirteen (13) months of the date on which the funds were debited. The refund corresponds to the total amount of the payment transaction carried out.

In both of the above cases, Lydia Solutions will restore the debited Payment Account to the state it would have been in had the relevant SEPA Direct Debit not taken place. However, the Customer acknowledges and agrees that Lydia Solutions may reverse the debit of the Payment Account for the amount of the refund thus made to the extent that Lydia Solutions is able to provide evidence of fraud or gross negligence on the part of the Customer.

Article 19: Relations with Payment Initiation Providers and Account Information Providers

The Customer may freely use a Payment Initiation Service Provider or an Account Information Service Provider. However, Lydia Solutions invites the Customer to ensure that said service providers comply with all applicable regulations and Lydia Solutions shall not be liable, except as provided herein and in applicable regulations, in the event of failure or breach of its obligations by the Payment Initiation Service Provider or Account Information Service Provider. 

In any event, Lydia Solutions reserves the right to deny a payment service provider providing an account information service or a payment initiation service access to the Customer’s Payment Account on the basis of objectively motivated or documented reasons relating to unauthorised or fraudulent access to Payment Accounts on the part of such providers, including the unauthorised or fraudulent initiation of a payment transaction. 

In this case, Lydia Solutions will inform the Customer, by any means and, in any event, in a secure manner, of the refusal of access to the Customer’s Payment Account and of the reasons for such refusal. This information will, if possible, be given to the Customer before access is refused and, at the latest, immediately after such refusal, unless the communication of such information is not practicable for objectively justified security reasons, or is prohibited by virtue of another relevant provision of EU or national law.

Additional Services 

Article 20: Cards 

Depending on the services offered by Lydia Solutions, the Customer and/or Participant may benefit from a Card under the conditions set out in the Card Agreement. 

Article 21: Instant loans

Main Customers holding a Payment Account may apply for a “Lydia Small Express Loan” subject to their eligibility and in accordance with the “Coup de pouce” General Terms and Conditions.

When they take out this loan, they will be able to benefit from the instant transfer option, within the applicable limits.

Article 22: Shared Account and Money Pot

1- Shared Account

A Customer can benefit from and benefit from the Shared Account service by giving power of attorney to a Participant to act on a Wallet of which he is the Main Customer. To benefit from the Shared Account service alongside the Main Customer, the Participant receiving the power of attorney must accept it. It is up to the Customer to consult, prior to any power of attorney given to a Participant, depending on the service they have subscribed to via the mobile Application, the terms of service of the Shared Account in order to know the rights attached to the Shared Account as well as the consequences concerning the use of the latter.

As such, the Customer is informed (i) that he must accept theShared Account Terms of Service, and that (ii) the use of the Shared Account service is subject to thresholds specified in the Prices and Limits Annex that the Customer undertakes to consult periodically.

2 – Creation of additional Wallets

The Customer can create one or more other Wallet(s) with optional URLs (Uniform Resource Locator, i.e.: address of a site or hypertext page on the Internet) in order to organize their money and /or to solicit other Participants.

The Customer must designate the purpose of this Wallet, which must be lawful, moral, consistent with good morals and part of a private context.

Wallets calling for public generosity and allowing in particular to finance a cause, a social, associative or entrepreneurial project through donations are strictly prohibited. Any person who notices that the object of a Wallet is contrary to the regulations in force or to the General Conditions is invited to contact Lydia Solutions customer support without delay.

Lydia Solutions reserves the right to delete or block access to any Wallet whose purpose it deems to be illicit, immoral or contrary to good morals, as well as any collection on which suspicion of money laundering and financing of terrorism. Lydia Solutions reserves the right to initiate any legal proceedings against the Customer and/or Participants for the defense of its rights and interests.

The Customer remains solely liable for the content and purpose of the collection and cannot pass on responsibility to others. He undertakes to the Participants to use all the funds collected on the Wallet in strict compliance with the purpose he has defined. In the event of a breach of this personal obligation by the Customer, the Participants will act directly against him and may in no case hold Lydia Solutions and the Partners of Lydia Solutions liable to the extent that they are third parties to any existing relationship between the Participants and the Customer.

To be able to participate, Participants must: (i) have been invited to participate and have the URL link, (ii) use their available balance on one of their Wallets (if they are Customers) or use an accepted payment instrument by Lydia Solutions.

An online page can be generated and updated for each Wallet by the Customer. Once shared, the online page allows anyone with its URL address to contribute, thus becoming a Participant.

The Main Customer and the Authorized Participants can decide on the information presented on the online page.

The Customer can freely define the period during which Participants can contribute. It may terminate a Wallet early at any time.

Lydia Solutions is not involved in any dispute between a Customer, or Participant and a third party organizer.

Regulations applicable to Lydia Solutions

Article 23: Professional secrecy

In accordance with article L. 526-35 of the French Monetary and Financial Code, Lydia Solutions is bound by professional secrecy. All information concerning the Customer and his transactions that is covered by professional secrecy may not therefore be disclosed to a third party without the Customer’s consent, with the exception of :

• Partners of Lydia Solutions ;
• In accordance with applicable law, public authorities such as the ACPR, the Banque de France french central bank, the Institut d’émission d’outre-mer, the Institut d’émission des départements d’outre-mer, the judicial authority acting in the context of criminal proceedings or the tax authorities ;
• Persons with whom Lydia Solutions negotiates, executes or enters into the following transactions: (i) the acquisition of a shareholding in or control of any payment service provider, (ii) the sale of assets or goodwill, (iii) the sale or transfer of contracts, (iv) service agreements entered into with a third party with a view to entrusting it with important operational functions, and (v) during the study or preparation of any type of contract or transaction, provided that these entities belong to the same group as Lydia Solutions.

In this context, the Customer expressly authorises the lifting of professional secrecy with regard to :

• Any subcontractor or external service provider bound by professional secrecy under the same conditions as Lydia Solutions in connection with the provision of the payment services covered hereby.

Article 24: Customer declarations (FATCA)

At the time of acceptance hereof, if the Customer is a ‘US Person’, i.e. if they are deemed to be a US taxpayer within the meaning of the FATCA of 18 March 2010 (Foreign Account Tax Compliance Act) or if they acquire it during the execution of the Payment Account Agreement, and/or in the absence of self-certification, they acknowledge and accept that the credit balance of their Payment Account must not exceed the Threshold. Failing this, Lydia Solutions reserves the right to reject all new incoming payment transactions and the Customer will be personally responsible for the consequences of any rejection as long as the credit balance of the Payment Account is not below the Threshold.

The following are defined as “US Person”: citizens of the United States or any person who is presumed to be a citizen of the United States if he or she holds a US passport or was born in the United States, even if such place of birth appears on a passport of another country, provided that renunciation of US citizenship cannot be shown, and even if the person also holds another nationality or has his or her residence in another country; residents of the United States, whatever their nationality, i.e. (i) anyone who is deemed a tax resident in the United States under the terms of US federal law, (ii) anyone who asks to be treated as a tax resident in the United States, or (iii) anyone who is deemed a tax resident under the terms of the law of this US state; holders of a permanent residence card (Green Card) in the United States; people who have their main residence or business address in the United States; people whose main postal address is in the United States. 

Also deemed a “US Person” and a US tax resident under US federal law is any person who satisfies the criterion of long-term stay over a calendar year in the following cases: physical presence in the United States for at least 31 days of the current calendar year, and physical presence in the United States for at least 183 days during the three-year period that includes the current year and the two preceding years, counting: a. All days on which the person was present during the current year, and b. 1/3 of the days on which the person was present during the year preceding the current year; c. 1/6 of the days on which the person was present during the two years preceding the current year.

The Customer has and must retain full legal capacity throughout the term of this Payment Account Agreement. The Customer also declares that they are not subject to any legal or judicial prohibition during the term of this Payment Account Agreement.

The Customer declares that all information provided to Lydia Solutions is and will remain accurate throughout the duration of this Payment Account Agreement. The Customer also undertakes to respond to any request to update such information made directly by Lydia Solutions or Lydia Solutions Partners. Lydia Solutions shall not be liable for the consequences of any failure to update such information. 

It is the Customer’s responsibility to inform Lydia Solutions in writing of any change in his status as a user of Lydia Solutions’ services, in particular in the event of a change in his contact details (telephone number, address, e-mail), professional activity, marital status, capacity, matrimonial regime, nationality, address (home, tax and postal), identification details of any agents and status (in particular in the event of acquiring the status of citizen of the United States of America or the so-called “Green Card”).

Lydia Solutions also reminds the Customer that his Personal Account and Payment Account are strictly personal. It is strictly forbidden to lend or dispose of them. Any assignment, rental, loan or transfer of an account to a third party is strictly prohibited and will result in the termination of this Payment Account Agreement as well as the withdrawal of the Customer’s access to all services offered by Lydia Solutions, without prior notice.

Article 25: Combating money laundering and the financing of terrorism and international sanctions

The Customer is informed that Lydia Solutions, in its capacity as a payment service provider, is subject to compliance with (i) the regulations applicable to the fight against money laundering and the financing of terrorism, and (ii) international sanctions and asset freezing measures. In this context, Lydia Solutions must in particular apply vigilance measures with regard to the Customer, its beneficial owners, its agents and all the transactions they carry out. 

Thus, before entering into a business relationship, and throughout the duration of the business relationship, Lydia Solutions may ask the Customer or his authorised representative to provide it with any information that Lydia Solutions deems useful for compliance with the said regulations. 

For identity verification purposes, and to ensure that Lydia Solutions can offer its services to the Customer, the Customer must provide Lydia Solutions with one of the following documents:

• a valid passport from an EEA country or a valid national identity card; or
• a residence permit issued by an EEA country; or
• a residence permit or visa issued by an EEA country.

In accordance with applicable regulations, Lydia Solutions reserves the right to suspend, not execute a transaction or terminate this Payment Account Agreement in particular in the event that (i) the Customer or the Customer’s Agent fails to provide the information necessary to comply with such regulations or (ii) the Customer and, where applicable, the Agent, or the country or territory in which it is located or established, becomes subject to economic or financial sanctions, trade embargoes or similar measures taken, promulgated or implemented by the United Nations, the United States of America, the United Kingdom, the European Union, France or any EU member state or any other sanction recognised by Lydia Solutions or, (iii) the Customer or the Customer’s Agent fails to provide the information necessary to comply with such regulations, or put in place by the United Nations, the United States of America, the United Kingdom, the European Union, France or any EU member state or any other sanction recognised by Lydia Solutions or, (iii) a Personal Account or Payment Account is used in a manner that would constitute a violation of the sanctions referred to in (ii), including without limitation any payment, whether direct or indirect, to or for the benefit of or received from a person subject directly or indirectly to such sanctions or located in a country or territory under extended sanctions. In this context, Lydia Solutions may also be required to make any declaration to the competent authorities in accordance with the terms of the regulations in force. 

Article 26: Politically exposed persons

As part of its obligations to combat money laundering and terrorist financing, Lydia Solutions and Lydia Solutions’ Partners are required to apply additional due diligence measures in respect of PEPs, which are subject to specific regulations due to the particular risks they and/or their close relations run in terms of financial support for terrorism, attempted corruption or the circulation of money of fraudulent origin for money laundering purposes. In view of this increased risk, Lydia Solutions and  Lydia Solutions’ Partners are subject, in addition to the due diligence measures applicable to all customers, to enhanced checks and additional due diligence measures at the start of the business relationship and during the performance of the service.

Lydia Solutions points out that a PEP is defined under Article L. 561-10 of the French Monetary and Financial Code as: “(…) a person who is exposed to particular risks by virtue of the political, jurisdictional or administrative functions that he or she performs or has performed or by virtue of the functions that are or have been performed by direct members of his or her family or by persons known to be closely associated with him or her or who become closely associated with him or her in the course of a business relationship”.

As a consequence, any Customer corresponding to this definition undertakes to carry out all necessary diligence to enable Lydia Solutions and, where applicable, Lydia Solutions’ Partners to carry out an enhanced examination of the transactions carried out on his Payment Account, to inform them of any exceptional transaction compared to the transactions usually recorded on his Payment Account and to provide them with any document or information required to enable Lydia Solutions and its Partners to justify compliance with this specific regulation to the competent authorities.

Article 27: Complaints

1 – Contacts

For any difficulties or complaints relating to the operation of the Payment Account or the use of the services provided, the Customer may contact the complaints department:

• By email sent to the following address:  contact@sumeria.eu.
• By post to the following address Lydia Solutions. Service Réclamation. 14 Avenue de l’Opéra, 75001 Paris – France. 

As part of the processing of complaints, the Customer agrees to receive registered letters with electronic acknowledgement of receipt, as defined in article L.100 of the French Post and Electronic Communications Code.

2 – Handling complaints

Lydia Solutions undertakes to acknowledge receipt of the complaint within ten (10) Business Days and to provide a response to the Customer within two (2) months, save in exceptional cases.

In the event of a complaint relating to payment services, Lydia Solutions undertakes to provide a response to the Customer within a maximum of fifteen (15) Business Days following receipt of the complaint. In exceptional situations, if a response cannot be given within fifteen (15) Business Days for reasons beyond Lydia Solutions’ control, Lydia Solutions undertakes to send the Customer a holding response clearly stating the additional time required to respond to the complaint and specifying the final date on which the Customer will receive a definitive response. In any event, a final response will be communicated to the Customer no later than thirty-five (35) Business Days following receipt of the complaint.

As a last resort, the Customer may refer the matter to the Mediation officer free of charge.

Article 28: Mediation

The Mediator is the last amicable recourse before taking legal action. Referral to a Mediator implies express authorisation by the Customer to waive professional secrecy vis-à-vis Lydia Solutions with regard to the communication of information necessary for the mediation process. 

You can refer your case to the AFEPAME Mediation officer free of charge, provided : 

• You disagree with the response provided by the Lydia Solutions advisor and the Lydia Solutions complaints department, 
• You have not received a response to your complaint within two (2) months, or thirty-five (35) Business Days in the case of a complaint about a payment service. 

You can contact the AFEPAME Mediation officer:

• By email: contact@mediateur-consommation-afepame.fr ;
• By post: AFEPAME Consumer Ombudsman: c/o WEBHELP – Zac de Gray – Impasse Clément Ader 70100 Gray

The AFEPAME Ombudsman’s website can be accessed at https://mediateur-consommation-afepame.fr/. Any dispute arising from an online sales or service contract may also be submitted electronically via the European Online Dispute Resolution (ODR) platform on the following website: https://webgate.ec.europa. eu/odr/.

Article 29: Inactive accounts

The Eckert Law, which came into force on 1 January 2016, requires institutions such as Lydia Solutions to identify inactive accounts and inform their holders or known successors of the consequences of continued inactivity. This information is renewed annually.

To cover its operating costs resulting from these additional obligations, Lydia Solutions may charge inactivity fees. The amount of the fee is set out in the Pricing and Limits Annex and is limited to the available balance on the Customer’s Payment Account.

A Payment Account is deemed inactive within the meaning of the applicable regulations under the following conditions:

• At the end of a period of twelve (12) months during which the following two (2) conditions are met: (i) the Payment Account has not been the subject of any transaction, other than the recording of interest and the debiting by Lydia Solutions of fees and commissions of any kind, and (ii) the Customer or the person authorised by him has not contacted Lydia Solutions in any form whatsoever or carried out any transaction on another account opened in his name in Lydia Solutions’ books; or
• If the Customer is deceased, at the end of a period of twelve (12) months following the death during which none of his heirs has informed Lydia Solutions of his wish to assert his rights to the assets registered on the Customer’s Payment Account. 

When a Payment Account is deemed to be inactive, Lydia Solutions will inform the Customer, the person authorised by the Customer or, where applicable, the Customer’s successors known to Lydia Solutions, by any means at its disposal, and will inform them of the consequences. Where applicable, this information is renewed annually until the measures for depositing the assets with the Caisse des dépôts et consignations are implemented. 

The Customer will be informed by any means six (6) months before the effective closure of the Payment Account. Assets held on inactive Payment Accounts must be deposited with the Caisse des dépôts et consignations fund :

• At the end of a period of ten (10) years from the date of the last transaction, excluding the recording of interest and the debiting by Lydia Solutions of fees and commissions of any kind, or from the date of the last manifestation by the Customer or the person authorised by the Customer; or
• At the end of a period of three (3) years after the date of death of the Customer.

In the absence of a request for restitution to the Caisse des dépôts et consignations fund , the sums are definitively acquired by the French State on expiry of a period of :

• Twenty-seven (27) years from the date of deposit with the Caisse des dépôts et consignations in the event of the Customer’s death;
• Twenty (20) years from the date of deposit with the Caisse des dépôts et consignations in all other cases.

Article 30: Enforcement measures – Bank balance not subject to seizure

1 – Seizure of property and attachment for safekeeping

When Lydia Solutions is notified of a seizure, it must declare and block the available balance on the Payment Account. Within a period of fifteen (15) Business Days following the seizure or attachment, this balance may be affected (positively or negatively) by transactions dated prior to the seizure. The Customer may contest the seizure against him before the execution judge.

In the case of a seizure procedure, Lydia Solutions will proceed to the payment of the sums due to the seizing creditor upon presentation of a certificate of non-contestation or upon a written declaration by the Customer indicating that he does not contest the seizure. If the Customer contests the seizure, he has a period of one month to contest the seizure after the court commissioner has informed him of the service of the seizure on Lydia Solutions.

2 – Administrative seizure by third parties

This procedure is used by the French Treasury to recover taxes, penalties and ancillary fees. It has the effect of blocking the balance available on the Customer’s Payment Account under the same conditions as those described above. 

Upon expiry of a period of thirty (30) days (unless a different period is specifically provided for), Lydia Solutions is obliged to pay the sum claimed to the Treasury, unless the Treasury releases the claim. 

Lydia Solutions will make available to the Customer, under the conditions and according to the procedures defined by law, and within the limit of the credit balance of the Payment Account on the day of the seizure, a sum of maintenance of an amount fixed by law. 

Proceedings initiated by the creditor, and with which Lydia Solutions is legally obliged to comply, give rise to the collection of flat-rate fees debited to the Payment Account. The amount of these fees is detailed in the Pricing and Limits Annex and may not exceed the available balance on the Payment Account. Lydia Solutionsv automatically deducts these fees when sending the funds to the seizing creditor.

Other provisions

Article 31: Withdrawal

In accordance with articles L. 222-7 et seq. of the French Consumer Code, the Customer has the right to withdraw from this Payment Account Agreement without giving any reason by returning the withdrawal form attached hereto, duly completed and signed:

• By email to contact@sumeria.eu ;
• By post addressed to Lydia Solutions, customer support, 14 Avenue de l’Opéra, 75001 Paris – France.

The Customer expressly and unconditional requests the immediate provision of the Services provided for herein before the expiry of the withdrawal period, without, however, waiving this right, which remains with the Customer.

The right of withdrawal must be exercised within fourteen (14) calendar days of the date on which this Payment Account Agreement comes into force, the date on which the withdrawal email is sent being taken as proof.

If the Customer decides to exercise his right of withdrawal before the services hereunder have been provided to the Customer, this Payment Account Agreement shall be terminated without any fees and/or costs being due. If the Customer decides to exercise its right of withdrawal after services have already been provided by Lydia Solutions to the Customer, this Payment Account Agreement shall be terminated and: (i) Lydia Solutions will refund to the Customer as soon as possible and at the latest within thirty (30) days all sums received pursuant to this Payment Account Agreement, with the exception of sums corresponding to the service actually provided prior to withdrawal and (ii) the Customer will be obliged to return to Lydia Solutions as soon as possible and at the latest within thirty (30) days any sums received by the Customer from Lydia Solutions.

Article 32: Modification

Lydia Solutions reserves the right to change this Payment Account Agreement, including the pricing terms, at any time. 

Any amendment to this Payment Account Agreement will be communicated to the Customer on a durable medium by email and on its website at least two (2) months before the date on which the proposed amendments come into force. 

If the Customer does not agree with the proposed changes, he may terminate this Payment Account Agreement free of charge before the date on which the changes come into force, in accordance with the conditions set out in article 34 of this Payment Account Agreement. 

If the Customer does not contest the modifications before the date on which they come into force, this shall constitute acceptance of the modifications by the Customer. 

On the other hand, any legislative or regulatory measure, such as any interpretation of a legal or regulatory rule by a competent authority, which would have the effect of modifying all or part of this Payment Account Agreement, will be applicable as soon as it comes into force.

Article 33: Duration – Termination

1 – Duration

This Payment Account Agreement is entered into for an indefinite period. 

2 – Cancellation at the Customer’s initiative

The Customer may at any time and without reason :

• Terminate this Payment Account Agreement, which will entail the automatic closure of the Customer’s Personal Account and Payment Account and, unless otherwise agreed, the termination of all Additional Services that may have been subscribed to by the Customer. 
• Terminate one or more of the services provided by Lydia Solutions, with the exception of the Personal Account and the Payment Account, without this resulting in the termination of this Payment Account Agreement and the closure of the Payment Account (e.g. termination of the Card Services only). 
• However, any request for closure will automatically result in the termination of this Payment Account Agreement in its entirety. 

All requests for cancellation must be made : 

• Directly in the Mobile Application;
• By email to customer support at contact@sumeria.eu ;
• By post addressed to Lydia Solutions, customer support, 14 Avenue de l’Opéra, 75001 Paris – France. 

Any request for termination will take immediate effect on the date of receipt by Lydia Solutions and, in the event of closure of the Payment Account, any credit balance will be returned to the Customer at the end of a maximum period of thirty (30) calendar days by bank transfer to an account opened in the Customer’s name and for which details have been communicated (including the transmission of a valid RIB in the termination request). 

If the Payment Account is closed, the Customer must ensure that a sufficient balance is maintained on his Payment Account for the period of thirty (30) calendar days to ensure the execution of payment transactions still in progress. 

The Customer remains liable to Lydia Solutions in the event of a debit balance and must reimburse Lydia Solutions for any amount paid by Lydia Solutions on behalf of the Customer even after the termination of this Payment Account Agreement and the expiry of the thirty (30) day period.

3 – Termination at Lydia Solutions’ initiative

Lydia Solutions may, at any time and without cause, subject to two (2) months’ notice:

• Terminate this Payment Account Agreement, which will entail closing the Payment Account and terminating all Additional Services for the Payment Account that may have been subscribed to by the Customer. 
• Terminate one or more of the services provided by Lydia Solutions with the exception of the Payment Account without this resulting in the termination of this Payment Account Agreement and the closure of the Payment Account (e.g. termination of Card services only). However, any request to close the Payment Account will automatically result in the termination of this Payment Account Agreement in its entirety. 

The Customer will be informed of the termination of this Payment Account Agreement or of part of the services provided by notification sent on a durable medium by email. Any credit balance will be returned to the Customer at the end of the two (2) month notice period by bank transfer to an account opened in the Customer’s name, the details of which will have been previously communicated to Lydia Solutions by the Customer (including the transmission of a valid RIB).

Lydia Solutions will not be required to observe any notice period in the event of serious misconduct by the Customer (including insults or threats made by the Customer or his authorised representative against a Lydia Solutions employee or in the event of acts by the Customer listed in the List of prohibited activities when using Lydia Solutions services), or in the event of proceedings of any kind brought against the Customer, or in the event of abnormal operation of the Payment Account.

Fees regularly charged for the provision of payment services by Lydia Solutions are only payable by the Customer on a pro rata basis for the period due on the date of termination of this Payment Account Agreement. If paid in advance, such fees will be refunded by Lydia Solutions on a pro rata basis. 

The closure of a Payment Account is irrevocable and prevents the Customer from opening another Payment Account for a fixed period or permanently in the event of a breach of this Payment Account Agreement, suspected fraud and/or a legally reprehensible act.

4 – Other case of termination: death

The death of the Customer terminates this Agreement.

The sums held by Lydia Solutions on behalf of the deceased Customer will, subject to current operations, be blocked by Lydia Solutions as soon as the death is announced, then released according to the terms of the estate settlement. 

Where applicable, the rules applicable to inactive accounts as set out in article 30 of this Payment Account Agreement will apply.

Article 34: Evidence agreement

The Customer and Lydia Solutions agree that the computer recordings in Lydia Solutions’ possession, or their reproduction on any other medium of the operations carried out, are authentic between the Customer and Lydia Solutions, unless the Customer provides proof to the contrary. 

If the Customer disputes a payment transaction, it is Lydia Solutions’ responsibility to prove that the payment transaction was authenticated, duly recorded and accounted for and that it was not affected by a technical or other deficiency. 

In addition, Lydia Solutions will be entitled, in the same way as the Customer, to provide proof by any means of any legal act or fact, even beyond the legal limit referred to in Article 1359 of the Civil Code; Lydia Solutions may in particular prove any act or fact by means of its recordings made in strict compliance with the law and in particular with the provisions relating to professional secrecy, whether these recordings are computer, telephone, telematic, video, electronic mail or writings, faxes or any other commonly accepted method of proof. The Customer agrees that Lydia Solutions may validly correspond with him via the aforementioned means of communication.

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   1 – Lydia Solutions is a simplified joint stock company, registered in the Paris trade and companies register under number 534479589 and whose head office is located at 14 Avenue de l’Opéra, 75001 Paris. Lydia Solutions is approved as an electronic money institution authorized to provide payment services under the supervision of the ACPR. The approval of Lydia Solutions can be verified on the sites  www.regafi.fr and  https://euclid.eba.europa.eu/register ↩︎