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Version from 16 December 2013
This document (Pricing and Payment Policy) is an Ancillary Policy to the Terms and Conditions for the MyBestPro SAS community service and forms an integral part of the said Terms and Conditions. The purpose of the Pricing and Payment Policy is to inform Members of the pricing and payment Terms and Conditions applicable to Services offered by Providers on MyBestPro SAS.
According to the provisions of the Terms and Conditions, the Registration of the Member to the Platform requires acceptance of the Pricing and Payment Policy, as well as the Terms and Conditions and the other Ancillary Policies.
In case of conflict between any provision of the Pricing and Payment Policy and the Terms and Conditions, the terms hereof will prevail.
Prior to the closing of a Transaction, the Provider shall have informed the User of the cost per minute or per call applicable to the Services as detailed in article 3 (“Pricing Conditions”).
The Financial Terms and Conditions applicable to the Transaction liberally fixed by the Provider subject to compliance with the rules set out in Article 2.
The Provider is responsible for complying with specific rules regarding Legal Services Online.
After provision of the Service and based on the information sent by MyBestPro SAS, the Provider acknowledges and undertakes to deliver to the User requesting it, a summary of the Transaction by e-mail detailing:
The Provider shall also indicate the name and contact details of the User whenever the User requests such data.
Furthermore, in case the Member acts through a business identity (professional or trader), the summary provided needs to include the following additional information:
Under article II.5 of the Terms and Conditions, the Provider agrees not to practice on other websites offering similar services at rates lower than those set by WENGO’s Platform.
Subject to the above, the Pricing Conditions applicable to the Transaction are freely set by the Provider in accordance with the following thresholds:
The Transaction Price depends on the methods chosen by the Provider for determining his pricing conditions.
The Price may consist of:
Payment is due from the User once the Service related to the specific Transaction with the Provider has been performed and the Communication is terminated.
Once the Provider determines his/her per minute rate, billing will be carried out in intervals of one (1) minute, with each minute initiated being payable by the User.
MyBestPro SAS provides the Members with multiple secure payment methods including, but not limited to:
The completion of a payment by one of the methods indicated above requires the prior consent of the Provider.
Payment by the Wengo Wallet
The User can avail of a Wengo Wallet to make payments (hereinafter referred to as the “Wengo Wallet”). This payment method can be used to purchase services directly on the Platform or from the MyBestPro SAS call centre once the User has an account with the aforementioned call centre.
The Wengo Wallet is an account to which the User can credit a sum of money. Before the User is placed in contact with the Provider, the User is informed of the number of minutes that he can avail of based upon the amount credited to his Wengo Wallet.
Once the User performs a Transaction, the money available on his/her Wengo Wallet will be the primary method of payment.
Credit added to the Wengo Wallet and not used is non-refundable except in the case of the User exercising his/her right to withdrawal. The User is informed that all credit available on his/her Wengo Wallet is lost at the end of twelve (12) months if, during this period of time, he/she does not credit their Wengo Wallet. As soon as the Wengo Wallet is credited, all available credit is considered to have been credited to date and has consequently a renewed, validated period of twelve (12) months.
To benefit from this service, the User must proceed to the credit available on his/her Wengo Wallet by making an online payment, notably by credit/debit card or by Paypal. There is no limit on the amount that can be credited to the Wengo Wallet.
The User has a period of seven (7) days to exercise his right of withdrawal without needing to justify his/her reasons or being subject to paying a penalty. This period of seven (7) days runs from the date of confirmation of online payment. If this day happens to fall on a Saturday, Sunday, public holiday or other non-working day, the seven-day period is extended until the next business day. The User may exercise his/her right o withdrawal by registered letter, with notice of receipt, addressed to Customer Service.
If the User uses the Wengo Wallet and a credit/debit card to settle their Transactions, he/she can block their Wengo account, either directly on his Expert Account (section “My payment methods” > “My wallet”) or by request from the Customer Service.
The Wengo Wallet can also be credited by obtaining promotions granted by the Providers or by MyBestPro SAS. In this case, the funds may be subject to conditions of use specific to each offer and available on the Platform.
As a counterpart to the use of Tools for the provision of Services, the Provider must pay a commission to MyBestPro SAS (the “Commission”) of which the amount is determined according to the terms set out in article 5.2 hereof.
The Commission corresponds to the compensation accorded to MyBestPro SAS in respect to:
As a consequence, the Commission is due regardless of the outcome of the Transaction, provided that the latter is carried out for a fee.
Each Provider is accountable for providing MyBestPro SAS with a flat fee or a percentage equal to the price of the Transactions as defined in article 2. The amount of the applicable fees is available at the following address: https://private.experts.wengo.com
WENGO reserves the right to change the commission amount which the Provider is accountable for, subject to having notified the Provider thirty (30) days prior to such changes being brought into effect.
Commission payable by the Provider to MyBestPro SAS under the conclusion of a Transaction on the Platform is automatically deducted from the amount deposited into the trustee account as outlined in article 6 hereof.
The Commission will be withdrawn within a maximum of forty-five (45) days which will be extended by one day where the time period would end on a Sunday at the time of payment to the Provider for the price of the Transaction paid into the trustee account and after provision of the invoice corresponding to the Personal Account of the Provider by MyBestPro SAS.
In the event of late payment or non-payment of the Commission, particularly due to the lack of available funds in the trustee account following the cancellation of a fraudulent payment, MyBestPro SAS will proceed to suspend the Registration of a Provider. Failing regularization within seven (7) days, MyBestPro SAS may proceed to the cancellation of the Registration of a Provider, with immediate effect and without notice.
Any late payment or non-payment of the Commission will result in additional interest due for delay corresponding to one and a half (1.5) times the legal interest rate, without prejudice, to any claim for damages and other actions necessary to protect the interests of MyBestPro SAS.
The Provider will be informed of Transaction Payments credited to his/her account from the User by a notification in his Personal Account. The inventory will outline:
The Provider can view at all times on his Personal Account the status of Transactions conducted, as well as an inventory each month for the previous month.
Payment of the Transaction Price to the Provider from the User, minus the Commission amount in accordance with article 5.2, will be sent to him/her by MyBestPro SAS no later than the first working day after the fifteenth (15th) of the following month.
The Transaction Price is deposited into an escrow account opened by MyBestPro SAS with a banking institution of their choice.
By using this service, the Provider gives permission to MyBestPro SAS to bill the trustee account for the amount due to them by the User in respect of a Transaction.
The Participants agree that the amounts paid into the escrow account correspond exclusively to the payment of Transactions carried out on the platform, according to the Terms and Conditions.
The Provider waives his right to benefit from the interest that could arise from the depositing of money by the User to this account, such interest being owned by MyBestPro SAS, in accordance with article 1957 of the Civil Code.
If it appears that the Price has not been paid into the trustee account immediately following the Transaction, the Provider will be free to act personally against the User of the debtor in accordance with article 2.3 of the Settlement of Disputes for recovered and disputed Transactions.
Once the Price of the Transaction has entered the trustee account, MyBestPro SAS has sole authority to order the bank to make its payment to the Provider, minus the commission due to MyBestPro SAS in respect of the use of Tools as defined in Section 5.2 hereof.
Pursuant to article L. 132-2 of the French Monetary and Financial Code, an order to pay the Transaction Amount by Credit Card executed via the secure payment service is irrevocable unless the Credit Card is used fraudulently.
Therefore, The User cannot stop or cancel such payments if he is not satisfied with the Service or because the Service does not meet the original specifications of the Service offer.
In the event of a dispute, Members have an obligation to attempt to settle such dispute in accordance with the provisions of article 1.1 of the process of the Settlement of Disputes Policy.
In case of failure of such settlement, and although MyBestPro SAS acts only as an intermediary, MyBestPro SAS will use its best efforts in order to resolve in an amicable way any dispute between Members once the payment in relation to the Transaction into the trustee account has occurred.
As a following step and in accordance with the Settlement of Disputes Policy, Members are requested to contact MyBestPro SAS via the web mail service available in the “Support” area of their Personal Account in order to report that a dispute has arisen.
In the case of payment involving fraudulent behaviour by Credit Card, it will be possible for the card holder to claim repayment of the disputed sum.
In the event of an incident resulting in the repayment by WENGO of the Transaction amount (i.e. disputed or aborted transactions as defined in article 5), the Provider remains liable for any required payment to MyBestPro SAS, as only the Provider assumes all risks related to Transactions, WENGO’s role being limited to that of online broker as defined in article I.3. of the Terms and Conditions.
The Transaction amount will be subject to fees incurred by MyBestPro SAS following the restitution of the disputed sum to the User’s banking institution. The fees will be charged on a specific invoice indicating the month that the dispute took place.
Upon request, MyBestPro SAS will send the Provider the documentary evidence relating to a repayment.
Furthermore, MyBestPro SAS has the right to deduct the disputed sum from future payments due to the Provider, pursuant to the rules of statutory compensation provided for under articles 1289 to 1299 of the French Civil Code.
Members shall refrain from using the Platform for fraudulent purposes and in particular from engaging in money laundering activities as defined in article 324-1 paragraph 1 of the French Penal Code.
Members are hereby given notice that WENGO will disclose, whenever necessary and at its discretion, any essential information, including personal data, to the competent authorities responsible for the enforcement of this offense.
As a security measure, WENGO may suspend or remove as of right, irrevocably and without prior notice the Registration of any Member in case of sufficient proof of evidence leading to the assumption that this offence has being committed.