COMMEON's mission is to develop donations for Non for Profit Organisations, help its users contribute to the change they want to see, and to empower their contribution. However, rules are needed to ensure that the platform is clear and safe to use for you, for us, and for our communities. These Terms of Service (hereinafter “TOS”) set forth the rights and responsibilities relating to our platform, our services, and your participation. This tripartite contract explains the contractual relationship between the user (you), COMMEON, and the payment provider LEMON WAY, through its payment service framework agreement
USERS ARE REQUIRED TO READ AND UNDERSTAND THESE TERMS RELATING TO THE SERVICE PROVIDED BY COMMEON. IN ACCEPTING THESE TERMS, THE USERS ACKNOWLEDGES THAT THEY HAVE READ AND SHALL ABIDE BY THEM. The User is also expressly invited to consult its Personal Data Protection Policy, which forms an integral part of these GCU. At the request of the judicial authorities, COMMEON may transmit the User's IP address so that the User can be identified in cooperation with his Internet access provider.
BY OPENING A PERSONAL ACCOUNT USERS ACKNOWLEDGE THAT THEY HAVE READ AND ACCEPTED THE TERMS OF SERVICE OF LEMON WAY, COMMEON’S PAYMENT SERVICES PARTNER, AVAILABLE HERE: https://www.lemonway.fr/c-g-u
LEMON WAY’S TERMS OF SERVICE ARE AN INTEGRATED PART OF COMMEON’S TERMS OF SERVICE.
OPENING AN ACCOUNT CONSTITUTES AN ELECTRONIC SIGNATURE OF THESE TOS. THE ACCEPTANCE OF COMMEON’S TERMS OF SERVICE IS PRESERVED AND ARCHIVED BY COMMEON IN ITS IT SYSTEMS IN AN UNALTERABLE, SAFE, AND RELIABLE WAY.
COMMEON is a community-based service on a connecting platform (the “COMMEON” “Platform”) managed by the company HOPENING. COMMEON is a registered trademark of HOPENING. COMMEON’s purpose is to connect: 1) Organizations wishing to present their projects to the public for patronage and support, and 2) Individuals wishing to make a donation to these Organizations (the “Patrons”) or support their initiatives. The role of COMMEON is that of a technical intermediary who provides the Platform, tools, and services to the Participants
Patrons may enjoy tax benefits associated with their donations. They might also receive, following terms detailed below, non-mandatory and non-financial compensations for their support.
The Organizations and Patrons are hereinafter collectively or individually referred to as “Participant(s)” on the Platform.
Special terms may apply to specific projects. In case of contradiction between any provision of the TOS and such special terms, the special terms shall prevail.
I. LEGAL INFORMATION
COMMEON is a registered trademark of HOPENING, a French joint stock company with a share capital of EUR 360 478,50, registered on the Trade and Companies Register of Nanterre under number 349 611 921. Its registered office is at 4 Rue Bernard Palissy 92800 Puteaux, France (“COMMEON”). HOPENING subsidiary, SOLUTIONS BY HOPENING registered on the Trade and Companies Register of Nanterre under number 833 427 297 can be substituted to HOPENING at any time .
The company LEMON WAY, which manages and controls the payment of the website www.commeon.com published by the company HOPENING, is a French simplified joint stock company whose head office is located in Montreuil (93100) at 14 Rue de la Beaune and is registered with the Trade and Companies Register under number 500 486 915 Lemon Way is accredited since 24/12/2012 by the Regulation and Prudential Control Authority (“ACPR”, France, website: http://acpr.banque-france.fr/), as a hybrid payment institution, under number 16 568 J. Lemon Way’s SWIFT code is: LEWAFR21. At any time, according to law, one can check the accreditation of the company as a payment institution at regafi.fr. More details can be found at www.lemonway.fr
COMMEON is a crowdfunding platform registered with ORIAS registration number 19002076 as crowdfunding intermediate.
II. COMMON TERMS APPLICABLE TO ALL USERS
“Fixed Term” and “Target Campaign” are crowdfunded patronage projects whose fundraising period is limited in time and whose financial objective is determined. (Fundraising Goal). The figures relating to the Campaign will be made public through a gauge.
“Confidential Codes” are personal codes in the form of a username and a password allowing the Participant to access their Personal Account.
“Commission”: means the commission charged by COMMEON to the Organizations in remuneration for its intermediation service, including its tool, operation-related services, and payment-processing and fraud-protection services, calculated on funds donated to the Organization by Patrons. The Commission is defined in Chapter V.7 according to the chosen plan.
“Personal Account”: the personal space of any Participant in which their personal information is stored, accessible on the Platform after entering their Confidential Codes. All activities of Participants on the Site are linked to their Personal Account.
“Counterparty”: an optional counterparty offered by an Organization in appreciation of the Donation of a Patron, as presented on the Platform by the Organization. The Counterparty(ies) associated with a project shall be determined on a case by case basis on the Website at the sole discretion of the Organization.
“Donation”: donations are financial contribution made using the platform, to fund proposed projects.
“Payment Institution”: payment institution LEMON WAY, COMMEON’s partner, whose terms of service can be found here: https://www.lemonway.fr/c-g-u
“Gauge”: gauges are real-time displays of the levels of achievement (funds raised, number of Patrons, time remaining before the Campaign ends) and the goals of Fixed Term and Target Campaigns.
“Patron”: any Participant who makes a Donation to an Organization on the Platform.
“Fundraising Target”: financial target of a Fixed Term and Target Campaign.
"Identifier" means the personal identifier associated with the User's account: his e-mail address; as well as any confidential code or password chosen by the User allowing the User to identify himself in order to access the services.
“Organization”: an organization is a Participant who has posted one or more Projects on the platform and recognized of being either of public interest or having a non-profit management, and eligible to collect tax reductions for donations as defined in articles 200 (donations related to individuals), 238 bis (donations related to businesses), or 885-05 V of the general tax code.
“Partner”: legal or natural person belonging to the same group as COMMEON, or who has concluded a partnership agreement with COMMEON as part of its operations.
“Participant”: any natural person of full legal capacity in accordance with French law, 13 or older, or any legal person, registered on the Platform. In the case of a natural person, only those over 18 are allowed to make Donations on the Site. When a Participant creates an Organization or Project, makes a Donation or signs a Support Project, a Personal Account is created in their name. All their activities on the site are then linked to this account.
“Fundraising Period”: for each Project, the period during which the Participants can make donations to the project.
"Personal Data": means any information concerning an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to one or more specific elements specific to his physical, economic, cultural or social identity.
“Platform” or “COMMEON”: technical platform connecting Users and Organizations, managed by HOPENING.
Philanthropic wallet: Donation Payment Tool that can be funded from time to time or monthly, with a dedicated space to view and manage all the transactions of the Participant on the Site.
Annual Program: annual crowdfunded patronage Project whose financial target is not displayed. The Annual Program does not display any Gauge to the Website Users.
Project: any project calling for sponsorship in favour of an Organization on the Site, whether it is an Annual Programme or a Campaign with fixed duration and objectives, the final implementation of which involves some uncertainty. Any voting or support project submitted by an Organization or a Company on the Site.
"Regulation on personal data" refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as from 25 May 2018 (hereinafter, "the General Data Protection Regulation") and the "Data Protection Act" No 78-17 of 6 January 1978 amended by Act No 78-17 of 6 January 1978 relating to data processing, files and freedoms, and amended by Act No 2004-801 of 6 August 2004.
Customer Service: support service dedicated to Users, which can contacted by sending an email to the following address: email@example.com or by postal mail to COMMEON, 178 rue de Rivoli 75001 PARIS.
Signatory: Participant bringing his voice to a Support project using his surname, first name, and email address. Failing the selection of a specific confidentiality option, the Signatory acknowledges and expressly agrees that upon their Signature, COMMEON will provide the Organization with information on their identity and contact details, notably to enable the Organization to follow-up on the project they supported. The Signatory is informed that their Signature does not imply a de facto commitment by the Organization on a subsequent implementation of the project.
Website: website of COMMEON, directly accessible on the URL www.commeon.com, or indirectly on any URL of a Partner or an Organization.
Support: Project filed online to collect signatures.
User: any person or entity using the Website for any purpose whatsoever.
Users may log on to the Website free of charge in order to view its content.
Logging on to the Website grants Users private, individual, and non-exclusive access to contents of the Website.
Registration as a Participant (including as a Patron, and Organization, or a Support) gives access to a Personal Account, which is unique and only available using the Participant’s credentials.
The Participant agrees to fill in all the mandatory fields of the form and to provide COMMEON with accurate, complete, and up-to-date information, in order for COMMEON to validate the creation of its Personal Account.
The Participant agrees to complete all required fields on the form and to provide COMMEON with accurate, complete, and current information, in order for COMMEON to validate the creation of his or her Personal Account.
The Participant also acknowledges that the provision of any erroneous, incomplete, misleading, or out of date information during the registration process may incur liability in respect of other Participants and of COMMEON.
Participants are responsible for updating the information provided, and are obliged to update information in their Personal Account in case of change.
The Participant assumes full responsibility toward other Participants and COMMEON for the consequences of any omission or negligence in this regard.
For the purposes of ensuring compliance with these provisions, COMMEON reserves the right to ask the Participant to justify his or her identity by any means. In the absence of justification within 7 (seven) days after the request, COMMEON reserves the right to suspend the account in accordance with section VII.
By accepting these Terms, Participants declare that the source of their funds used on the Website is not illegal and that they are will not use the Website for illegal or fraudulent activities, including money laundering. Criminal and/or civil prosecution may be taken against the Participant and other persons directly or indirectly involved in such illegal or fraudulent activity.
Participants are responsible for paying any applicable or related taxes. COMMEON shall in no way replace the responsibility of Participants for this purpose nor provide any advice on the nature and details of their obligations.
COMMEON reserves the right to transmit any information that may be illegal or fraudulent to the relevant authorities at its discretion, without notifying the Participant. To this end, COMMEON reserves the right instruct LEMONWAY to proceed with the seizure of all funds if the company has reasonable suspicions that they may be connected to illegal or fraudulent activities until such time that they can transmitted to competent authorities.
The Participant waives any potential rights or remedies of any nature and in any place whatsoever, due to the communication of this information to the competent authorities by COMMEON.
COMMEON reserves the right to ask the Participant to modify all or part of its Confidential Code, for regulatory, technical, or security reasons, without any oppositions or compensation claims from the Participant.
The Confidential Codes are strictly confidential and for personal use only. The Participant shall take appropriate measures to prevent a third party from accessing them. Therefore, the Participant agrees not to disclose them to anyone, in any way whatsoever. The Participant is solely responsible for their use and will be deemed responsible for the acts and actions of anyone using his or her Personal Account, even without their knowledge.
The Participant is solely responsible for the use of their credentials. COMMEON will not be held responsible for any loss, misuse, or fraudulent use of credentials by a third party. Any access or use of the Website and data from a Personal Account shall be deemed to have been made by the Participant whose account was used.
Notwithstanding the foregoing, Participants must notify COMMEON immediately if they lose their credentials or if this information is used inappropriately or illegally by a third party, by sending an email to: firstname.lastname@example.org, stating their first name, surname, and username. It should also be confirmed in writing by sending a letter to the following address: LEMONWAY - 14 rue de la Beaune - 93100 MONTREUIL.
If the Participants are professionals, they should certify that they hold all the rights necessary to act in the name of the legal entity they represent (company, association, etc.).
If the Participants wish to close their Personal Account, they shall follow the procedure provided to this end on the Website.
II.3. Third Party Websites
COMMEON is not responsible for the content of websites accessible from links and references inserted by the Participants. It is the Participants’ responsibility to take all necessary precautions to ensure that the chosen inserts are free of viruses, worms, Trojan horses, or other element harmful to the equipment of other Participants and COMMEON. In no case shall COMMEON be held liable for any direct, indirect, or other damages resulting from the use of third party websites.
II.4. Commitments of the Participants
Using the Platform implies that Participant shall observe certain standards of behaviour, in particular in compliance with laws and regulations and moral values such as respect for others, courtesy, good faith, and loyalty.
Any violation of laws and regulations may be reported to COMMEON in accordance with the procedure defined in Article VII.2. below.
Participants acknowledge that the information they provide on the Platform is their sole responsibility. They certify that all content and statements made via the Website are true and accurate. Participants agree accordingly to ensure that the information disseminated on the Platform does not contravene any laws and regulations. As such, COMMEON reserves the right to remove any content, data, information, or clearly illegal or inappropriate offers from the Platform, and suspend or delete permanently and without notice the Participant’s Account.
It is forbidden for the Participant to violate or attempt to violate the security or integrity of the Platform including:
- Implementing any action which might jeopardize or interfere with the proper operation of the Platform or any Donation made on the Platform;
- Implementing any action that imposes an unreasonable or disproportionate load on the infrastructure of the Platform;
- Accessing or attempting to access data that are not intended to be viewed by the Participant;
- Penetrating or attempting to penetrate into a server or account which the Participant is not authorized to access;
- Harassing, threatening, abusing, or infringing the privacy of any other Participant or posting defamatory, abusive, or libellous information;
- Violating human dignity through racist, violent, pornographic, or revisionist texts, images, or videos;
- Violating intellectual property rights, and committing acts that may constitute an infringement;
- Performing, without the express consent of COMMEON, any “framing” operation or creating a “mirror site” virtually replicating the Website, or including in any Counterparty offer or any profile, a hypertext link to another site in violation of the TOS; - Using information about other Participants for inappropriate or illegal purposes including but not limited to cold-calling, sending proposals for participation in lotteries or contests, or chain letters.
Participants are also required to act in compliance with these principles in forums and on blogs available or accessible from the Platform.
II.5. Intellectual Property
COMMEON declares that it has all rights on the software used to offer services on the Platform.
Any infringement or any act likely to be qualified as such by a third party which the Participant knows about shall be notified to COMMEON, which may engage prosecutions.
Trademarks and Logos: appropriate registrations with the relevant authorities protect “COMMEON” and other trademarks and logos belonging to COMMEON and its Partners’ trademarks and logos.
Websites: all texts, images, icons, drawings, graphics, photographs, programs, and other components of the Website, excluding any content provided by the Organizations, which remains their exclusive property, are the property of COMMEON or its Partners and are protected by French laws on copyright.
Any commercial or non-commercial use of any images, text, icons, drawings, graphics, photographs, programs, and other components of the Websites without the prior written consent of COMMEON or its Partners are strictly prohibited
When using the service, Participants are encouraged to post on the Website various contents including videos, images, graphic designs, music, text, ideas, and concepts, etc. as well as various brands or patents and intellectual property elements. Participants are advised that using the Website does not protect the contents and it is up to them to protect such content if they so wish.
COMMEON will not be held responsible in the event of any infringements between the Participants, or more generally in the event of any infringement by a third party of the intellectual property rights of a Participant.
III. PAYMENT ACCOUNT
III.1. Any natural person wishing to open a payment account must provide their full name, a valid email address, their date of birth, and full mailing address, and must be major under French law.
III.2. Any legal person wishing to open a payment account must provide the identification elements of the legal person and the natural person empowered to bind the legal person as part of the operations carried out, and a valid email address.
Subject to the provision of the previously defined information, the Participant may use the payment service.
The Payment Institution provides the payment service, and includes: secure online credit card payment using 3D Secure, payment by check, payment by wire transfer.
The Payment Account is opened in the books of the Payment Institution for each Participant, and its balance must never be negative, by regulation and technical means. Each payment transaction is debited or credited to a Payment Account
The Payment Institution keeps the funds credited to the Payment Account of the Participant on an intermediate account opened by the Payment Institution with BNP Paribas. The Payment Account cannot in any case be assimilated to a deposit bank account.
Transactions recorded on the Payment Account are labelled in euros (€).
The balance of the Payment Account of an Organization is transferred to the bank account whose details have been communicated to COMMEON following the periodicity and the terms defined in Article VI.6 or the special terms.
Beyond certain amounts of single or cumulative donations, the Participant must provide the Payment Institution with additional identification elements, in particular:
- A copy of a valid official identity document: for French citizens, a French identity card (both sides) or a French passport, for foreigners residing in France or abroad: a passport;
- Proof of residence for French citizens;
In the case of a legal person, the following information must be provided at the opening of the Personal Account:
For a private legal entity (including a corporate foundation):
- A KBIS extract of less than 3 months (France) or an extract from the trade register translated into English or French; - The articles of association; - The address of the registered office; - A proof of identity of the officer or the person empowered to bind the legal person as part of the operations carried out; - A bank statement in the name of the company.
For an association:
- The signed and valid articles of association;
- A proof of identity of the President or Treasurer of the association (ID card or passport);
- A creation statement;
- The address of the registered office of the association;
- A notice detailing its SIRENE situation;
- A bank statement in the name of the association.
For a public institution, municipality, or community:
- A notice detailing its SIRENE situation;
- The address of its registered office;
- A copy of the act (order or other) of appointment of the governing person of the institution;
- A proof of identity of the governing person (ID card or passport);
- A bank statement in the name of the institution.
For a foundation recognized as serving the public interest:
- A copy of the decree of the State Council recognizing the foundation as “serving the public interest”;
- The date of publication in the Official Journal;
- The address of its registered office;
- A proof of identity of the officer or the person empowered to bind the foundation as part of the operations carried out (ID card or passport);
- A bank statement in the name of the foundation. In the case of a sheltered foundation, the same references shall be provided for the main foundation.
For an endowment fund:
- The receipt of declaration;
- A copy of the declaration or amendment in the Official Journal;
- The address of its registered office;
- A proof of identity of the officer or the person empowered to bind the endowment as part of the operations carried out (ID card or passport);
- A bank statement in the name of the endowment fund.
In case the Personal Account of the legal person is opened by delegation in the name and email address of a person other than that referred to in the preceding paragraphs, the following additional information shall provided:
- The receipt of an authorization or delegation of power;
- A proof of identity of the delegated person.
COMMEON and the Payment Institution reserves the right to request the communication of any other document or information in order to perform the necessary checks as part of its compliance with its legal obligations, including the fight against money laundering.
COMMEON and the Payment Institution reserve the right to refuse to open a Payment Account.
COMMEON reserves the right to block the Payment Account of a Participant pending receipt of all documents and information deemed necessary by COMMEON and in a form deemed satisfactory.
The information materials will be archived by the Payment Institution according to its Terms of Service.
III.4. Philanthropic Wallet
III.4.1 Subscription Procedure
The Participant has a Personal Account that he created during a previous operation or that he creates directly on the Platform. A Payment Account is subsequently automatically opened.
The Participant funds his/her Philanthropic wallet by credit card (in his name) via his Personal Account. The contract associated with the card must authorize card transfers.
The Participant can fund his Philanthropic wallet on an ad hoc or monthly basis. He can validate the secure registration of his credit card details with the Payment Institution in order not to re-enter them every time. The details of his credit card are not saved by COMMEON, but only used by the Payment Institution. Otherwise, the payment data is deleted as soon as it has been used. The secure registration of the credit card details is required for monthly payments.
The Participant can view the balance of his Philanthropic wallet, as well as the associated line of credit in his “Credits and donations” section.
The Philanthropic wallet records and let the Participant view all his payment and donation transactions. It will always show a credit.
The Participant has the opportunity to make donations in just one click with his Philanthropic wallet without re-entering his bank details as long as the amount of his donation remains below or equal to the balance of his wallet. The Donation is debited immediately and the transaction cannot be cancelled.
The participant can clear his philanthropic wallet by making a free donation to a project. If the Participant wants to clear his philanthropic wallet without making a Donation, he can contact COMMEON by email at the following address: email@example.com.
A wire transfer will be made to refund the remaining amount, upon communication of a bank account statement (IBAN) associated with his Bank Account. Depending on the amount of the refund, identification documents may be required for the transfer to be made.
The funds are transferred within 5 working days of the request. The Participant is informed of its success by email. A commission of 1.9% of the amount transferred will be deducted directly from the amount transferred.
COMMEON does not refund amounts received by a participant in its philanthropic wallet during sponsorship or gift card operations.
Organizations shall be authorized to receive Donations under the provisions of the general tax code and articles 200, 238 bis, or V 885-05 [ISF], and deliver a tax receipt to each Patron.
All Donations from Patrons for the benefit of one or more Projects are processed through a secure payment services offered by the Website via the Payment Institution, and are debited immediately.
The Patrons can make a Donation by credit card, bank transfer, cheque, or using their Philanthropic wallet. In the case of a payment by bank transfer or cheque, the Payment Institution considers the Donation “pending” until reception of the payment. A “pending” Donation does not entitle the Patron to any tax advantage or Counterpart. The Patrons receive information on the operation carried out by email to fulfil his pledge, and the collection of his payment
No fees shall be borne by the Patron to make his Donation. Except if they chose otherwise, the Patrons expressly acknowledge and agree that upon completion of the Donation, COMMEON will communicate to the Organization their personal information and contact details, in order for the Organization to issue a tax receipt and the proposed compensations.
Participants are informed of the risks associated with any Project and explicitly accept the degree of uncertainty related to the realization of the Projects.
Patrons may cancel their Donation. In the event of a cancellation enquiries must be addressed directly to the Organization.
COMMEON and the Organization reserve the right not to accept the Donation of a Patron without justification. The decision will be notified and the Donation returned within one month after the confirmation of Payment if this occurs. Transaction costs will be borne by the structure refusing the Donation.
Donations of Patrons may warrant Compensations by Organisations as a token of appreciation. These Compensations are neither mandatory nor systematic and are not conditioned to the success of the Project by the Organization.
The Patron is informed that under the patronage law, the value of these Compensations must remain below 25% of the Donation considered within the limit of 65 euros for individuals (this limit of 65 euros does not apply to companies);
The Organization is the sole decider of the implementation of such Compensations, which are entirely borne by the Organization, as specified in section V.3.
In general, due to its limited role as intermediary between the Organizations and the Patrons, they explicitly accept that COMMEON cannot be responsible even partially for the Projects presented and carried out by the Organizations, including: the presentation of the Project, the progress of the Project, any delays or cancellations of the Projects by the Project Developer, its implementation, the award of any Compensations proposed by the Project Developer, etc.
IV.3. Tax Receipts
Each Donation entitles the Patron to a tax receipt; it is the sole responsibility of the Organization to issue it. When the Organization permits, COMMEON shall provide the tax receipt issued by the Organization to the Patrons in their Personal Account and by email.
It is the responsibility of each Patron to check their eligibility to receive tax deductions on all or part of the Donations made by the intermediation of the Website in accordance with the existing legislation on the French territory.
Patrons shall identify with a custom avatar and leave a message to the Organization benefiting from their Donations through their Personal Account. Only these personal elements are made public on the Website. They will respect the communication obligations defined in Article II.4.
V.1. A summary of COMMEON’s services
COMMEON as a fundraising and visibility platform allows to:
- Present your Organization,
- Create Crowdfunding Projects through a Campaign of specific duration and purpose in support of an innovative or exceptional project, offering value to the public, an Annual program or a Donation program to support the mission of the Organization.
- In the specific case of the “Multi-Site” offer: Coordinate and aggregate the data and financial flows of projects from several sub-entities attached to the same parent entity, centrally, while providing the sub-entities with freedom relating to fundraising and content.
In all cases of “Fundraiser”, “Super Fundraiser”, or “Multi-site” offers, the Organization's account is linked to one and only one Payment Account, and one and only one tax receipt template.
- Create Online Voting Projects or Support Projects,
- Create new content relating to the project and share it;
- Collect online Donations using secure payment systems via an intermediary account, by credit card, wire transfers, checks (all payment logistics are managed by COMMEON);
- Manage operations with a professional back office in a multi-user account. This account includes content entry forms, fundraising data charts, the ability to export this data, analyse flows, and manage tax receipts automatically;
- The Organization and all the members with a back-office account have real-time access to all the fundraising data
These elements constitute, in real time, the means of accountability for the Organization, which has a continuous and exhaustive view of them all.
COMMEON provides the Organization with a project manager who:
- Answers any questions relating to the Project and its animation;
- Share progressively good crowdfunding practices prior to the operation;
- Makes recommendations on the presentation elements of the Project before it goes online;
- Proposes a follow-up of the Project at different stages of the fundraising.
V.2. Registration of the Organization
Creating an Organization account is done directly on the Website or through COMMEON.
COMMEON shall validate the registration of Organizations after checking the information provided by each Organization. This validation shall be done on the basis of good practices of Project creation as presented on the Website but does not guarantee the success of the Donation campaign to the Organizations nor that of the Project or the authenticity of the information presented by the Organization to the Patrons.
COMMEON reserves the right to request additional information from the Organization, including statements submitted by the Organizations to tax and social security authorities considering the obligations of the Organizations under legislation.
COMMEON reserves the right to select the Organizations and limit their number depending on the request of Users, the performance of the Platform, the technical constraints related to the management of the Platform, and more generally the adequacy of the Organization with the criteria and objectives of COMMEON. The main criteria are as follows:
- The organization is a legal person whose registered address is located in France, whose business falls within the scope of the 2003 patronage law, and whose activities are listed in Articles 200 and 238 bis of the General Tax Code.
COMMEON has no obligation to justify its refusal to validate an Organization or publish a Project.
V.3.1. Creation and Publication of a Project
When creating an Organization account, on-line forms help the Organization to edit all the content it wants to present to Users.
The Organization agrees to provide clearly and precisely, for any proposed Project:
- The Project description, including its purpose;
- The target amount of the fundraising for a Campaign of defined length and objectives;
- The fundraising period;
- The proposed counterparties, using the Tools provided by COMMEON
As well as the general elements required to present the Organization on the Website (texts, photos, logo, banner, etc.)
These contents will be subjected to the validation of COMMEON at least one week before the desired publication date. The Organization will take into account COMMEON's recommendations on these elements, and adapt them if necessary.
COMMEON reserves the right not to accept the publication of a Project if it does not meet the content standards of the platform, and to switch it in private mode (only accessible via its URL) at any time. This decision does not need be motivated.
Once published, the title of a Project, the Target fundraising and the Fundraising period are no longer editable by the Organization. The other presentation elements of the Projects cannot be modified except to make corrections, whose object is to improve the achievement of the targets of the Project and their comprehension by the Users.
The Organization declares that it has kept the original elements of all the online content it published, on any media of its choice. Regardless of the number of people involved in a given Project, a Project is always managed by a single, individual, and clearly identified Project Manager (the “Director”, administrator account), sole beneficiary of the rights and responsible for the obligations attached to the account and to the Project.
V.3.2. Donations and Signatures
Donations and Signatures are made through the Site. The collection of Donations is made on a Payment account as defined in Article III.
Donations collected off-site, dedicated to the Project and received directly by the Organization, may on the explicit instruction of the Organization, which assumes full responsibility for it, be integrated to the Donation management monitoring tool, as well as the Gauge and display of campaign targets, based on a document containing the Patron’s contact details and certifying his Donation to the Organization for the benefit of the Project.
By default, COMMEON communicates to the Organization the individual amount of each Donation, information on the identity and contact details provided by each Patron, in particular to enable the Organization to issue its tax receipt and the proposed Counterparties. Likewise, COMMEON shall provide the Organization with information on the identity and contact details provided by each Signatory, in particular to enable the Organization to inform the Signatory of the development of the supported Project.
The Participant can opt for specific privacy options. In this case only the elements authorized by the Participant will be communicated to the Organization.
COMMEON provides a technical tool to edit tax receipts in accordance with the regulations in force. The receipts can be edited after receipt of the confirmation of the successful execution of the transaction, and following instructions of the Organization. The receipts published by the Organization using the solution proposed by COMMEON follow an incremental numbering within a range defined by COMMEON. The incremental numbering begins with the prefix “CT” associated with a unique number for each tax receipt.
In case of withdrawal or opposition to a transaction, the Organization and the Patrons are informed by e-mail of the non-eligibility of the Donation and, therefore, of the obsolete nature of the receipt.
COMMEON provides the Organization with a professional interface for monitoring the aforementioned elements.
In addition to these TOS and the subscribed offers, COMMEON may perform additional quoted services, and special conditions may apply for certain services. When special conditions apply, they are specified in an agreement between COMMEON and the Organization.
The Organization mobilizes the public on the act of crowdfunded patronage related to the Project, through events, sending newsletters to its contacts, press campaigns, communications on its social networks. In order to guide and mobilize Donations, and promote the results, the Organization shall insert a URL to the Project on its own website (on its homepage and/or sponsorship, partnership pages, etc.), and mention COMMEON on all communication media citing the Project (website, newsletter, blog, social media, flyers, posters, programs, press releases, etc.).
COMMEON recommends the appointment of a Project manager by the Organization, to serve as referring interlocutor for COMMEON. The Organization shall do its best to inform and mobilize the necessary internal resources around the Project (especially Finance and Accounting, Marketing and Communication, Public).
The Organization is invited to update its Projects regularly and to share with the Users information concerning the progress of its Projects and their implementation. It will keep its Patrons informed of the major progress of its Projects, even after the end of the Collection Period.
The Organization will communicate with its Patrons at least once a year for the Annual Programs and the Donation Modules, at least once at the end of the campaign for Fixed Term campaigns and objective, and as far as necessary, information containing the essential elements of the follow-up of the impact of the Donations made in its favour with the available tools.
The Organization undertakes to comply in all its actions and communications with the letter and spirit of the 2003 patronage law, which is the basis of COMMEON’s activity to promote crowdfunded patronage. In particular, it shall respect the obligations of serving the public interest and long-term action, and shall not divert the message of crowdfunded patronage for commercial purposes or third party patronage.
V.4. Commitments of the Organization
According to the current legislation, the Organization is authorized to receive Donations under the provisions of the Tax Code and Articles 200, 238 bis, and possibly V 885-05 [ISF], and issue a tax receipt to each Patron.
All Donations made through the Platform are concluded between the Organization and the Patrons. The presentation and execution of a Project and the collection of Donations shall not constitute a binding agreement between the Participants and COMMEON;
The Organization ensures having authority to carry out the proposed Projects and to provide the Compensations in accordance with laws and regulations. The Organization is accountable to the Patrons, COMMEON, third parties and the competent authorities for any violation of regulations applicable to the Projects and Compensations according to their nature.
The Organization shall submit its Personal Account to the Registration procedure in order to use the raised funds. The registration procedure implies sending to COMMEON the identity elements attesting to the authenticity of the identity it has initially declared to the Website, and those listed in Article III. PAYMENT ACCOUNT, in compliance with the provisions of Article II.2.
The Organization is committed to maintaining its Project on the Website during the Fundraising period. The Organization is committed to fulfil all its obligations vis-à-vis the Participants, especially to complete the Project as originally defined and provide the Compensations as described in the Project, if any. If the Organization is, for any reason, unable to complete the Project, it expressly agrees to fully refund Patrons at its own expense. The full operational and financial burden of the Compensations is borne by the Organization. If the Organization agreed to provide Compensations and is unable to do it for any reason, it expressly agrees to provide at its own expense a satisfactory alternative to Patrons and accepts that COMMEON shall provide no assistance in this process. If the Organization reimburses a Patron, it shall be released from the obligation to deliver all or part of the promised Compensations.
The Organization expressly acknowledges that it is solely responsible for all accounting, tax, and social treatments relating to the Project, including the amounts collected through COMMEON; the Organization shall manage its obligations, and not rely on COMMEON's advice in this regard.
The Organization agrees: - To communicate to COMMEON all documents certifying this authorization (decrees, ministerial or prefectural decision); - To strictly comply with all applicable regulations relating to Donations eligible for tax reduction, particularly Articles 200, 238 bis and 885-0 V bis A of the General Tax Code; - To ensure, in the event that the Organization offers Compensations in kind to Patrons, that the value of the Compensations (the “value of the Compensations” shall be understood as the public price taxes included of the relevant Counterparty or its cost if the Counterparty does not exist for sale) is less than 25% of the Donation considered within the limit of 65 Euros for individuals (this limit of 65 euros is not applicable to businesses); - Using the tools made available on COMMEON’s Website or through other means, to send a completed tax receipt to each Patron, dated and signed by the Organization, which shall be established on the model of the “Cerfa No. 11580*03” available on the site http://vosdroits.service-public.fr.
In any event, COMMEON shall be protected by the Organization against any claim and/or request of Patrons and/or any third party, including the tax administration in this regard.
When the Organization permits, COMMEON shall provide the tax receipts issued by the Organization to the Patrons in their Personal Account.
The Organization shall transmit the tax receipts to their Patrons no later than 2 months after the end of the Campaign in the case of a Fixed Term and Target Campaign and at the latest in January of year Y+1 for Donations relating to the annual Programs made in year Y.
The Organization is informed that, when realizing a fundraising campaign on the Platform, it may have to comply with obligations, in particular with regard to declaring a call for public generosity.
The Organization shall make the necessary declarations to the competent authorities. In particular, the Organization will likely have to file a declaration to the prefecture of its registered office, and establish an annual use of the resources collected from the public, specifying in particular the allocation of Donations by types of expenses. This account shall be deposited at the registered office of the Organization to allow consultation by any member or donor at their request, it shall be appended to its annual accounts, and beyond a certain level of fundraising (€ 153,000 of donations for the year on 01/01/2014), it shall be certified by an auditor and published in the Official Journal.
It is therefore recommended that the Organizations approach these relevant organizations to obtain any information regarding their criteria and obligations.
V.4. Rules applicable to the content
Throughout the operations, the Organization shall remain responsible for the visual identity it creates around the Project, and the implementation of its communication to its audiences, in accordance with its charter and its goals.
COMMEON holds no ownership or other rights on the Project and its contents, which remain the exclusive property of the Organization.
The Organization shall grant COMMEON and its partners, on an exclusive and free basis, for the World and for the duration of this Agreement, the rights specified below, in order to allow COMMEON to provide its service as a broadcast on the Internet, on mobile networks and/or any other current or future communication system open to the public.
As such, the Organization shall grant COMMEON and its partners rights, in particular to:
a) Reproduce directly or indirectly any part of the contents of the Project, by any means or process, in any form and any known or unknown media on the Website and/or its Partners’ sites;
b) Represent directly or indirectly all or part of the Project content, on any network, using any process, in any known or unknown form, optionally in combination with other works of any kind;
c) Adapt directly or indirectly all or part of the Project content, including the rights to conduct rankings of the Project content hosted on the Website and publish them on the Website and also on the Partners’ sites, in particular to provide Participants with a greater access to the Project; - Present the content of the Project in particular to make them available on the Website and also on the Partners’ sites; - Carry out directly or indirectly and upload online extracts from the Project.
The Organization also expressly authorizes COMMEON and its Partners to promote and/or advertise the Project, and publish the content of advertisements, commercials, and/or promotions relating to the Projects or its service.
The Organization agrees to offer its Fixed Term and Target Campaign Projects presented on COMMEON on no other crowdfunding or online donation Platform during the Fundraising period, and not to use another fundraising provider relating to the said Project except with the prior written consent of COMMEON. The Organization agrees to use the Website for the fundraising related to the said Project during the Fundraising period, excluding an exclusion list that shall be defined by common agreement in the special conditions.
V.7 Remuneration of COMMEON, billing and payment
No fees shall be borne by the Patron in addition to the amount of the Donation.
COMMEON is remunerated by the Organization. This remuneration comprises:
- A percentage (or commission) on the amount of the Donations collected through the Platform, and the Donations integrated with donations tracking management tool, in compensation for its tool, transaction services, and payment processing, and fraud protection fees. The Commission therefore includes costs of payment, collection and logistics of donations according to their different modes of regulation.
The Commission is:
- 8% (excl. tax) of the funds raised by Organizations choosing to subscribe to the basic “Fundraiser” offer
- 4% (excl. tax) of the funds raised by Organizations choosing to subscribe to the “Super fundraiser” or “Multi-sites” offers
In all cases, “Fundraiser”, “Super Fundraiser” or “Multi-site” offers, the Organization's account is linked to one and only one Payment account, and one and only one tax receipt template.
- When subscribing to the “Super fundraiser” or “Multi-sites” offer, a monthly subscription of € 330 excluding tax. This subscription is valid for a period of one year and is tacitly renewable.
- When subscribing to the “Multi-sites” offer, registration fees of € 250 excl. VAT per “sub”-structure.
- A flat rate of € 4,500 excl. tax for a Voting operation using the Expert option, or € 6,500 for a Voting operation using the Premium option.
VAT is charged on top of this percentage.
COMMEON and the Organization may agree on support and consulting services provided by COMMEON, or additional management features, under special terms.
V.7.2. Billing and Payment
The billing and the transfer of Donations follow the periodicity detailed below:
Billing of the Commission:
The Commission is billed and debited whenever funds are transferred from the intermediary account opened by the Payment Institution to BNP PARIBAS, using the bank details provided by the Organization to COMMEON. The Organization expressly mandates the Payment Institution to pay COMMEON the commission it owes. The periodicity is as follows:
· For Annual Programs and Donation Modules: every three months after the end of the previous month (corresponding to each calendar quarter - 31/03, 30/06, 31/10, 31/12);
· For Fixed Term campaigns and objective: after the end of the campaign, once all the commitments have been fulfilled.
Subscription billing (“Super Fundraiser” or “Multi-sites” offer”):
Monthly subscriptions are subject to monthly billing and direct debit according to the direct debit mandate communicated to COMMEON by the Organization.
In the event of termination of the subscription by the Organization, the Commission will be 8% (excl. VAT) of all donations made in the month(s) on which the subscription payment was not made. In addition, COMMEON will unpublish the fundraising projects of the Organization.
Registration fees (“Multi-site” offer):
Registration fees are billed by COMMEON when creating each “sub-“account of a multi-site structure, and payable by wire transfer upon receipt of the invoice.
In all cases, “Fundraiser”, “Super Fundraiser” or “Multi-site” offers, the Organization's account is linked to one and only one Payment account, and one and only one tax receipt template.
When subscribing to a “Multi-site” offer, all the invoices are sent to the parent Organization that has subscribed to the Multi-sites offer. The later shall then if required bill all or part of these fees to the sub-structures it hosts.
Fixed fees (Expert or Premium voting option):
Fees are charged 50% on order, 50% on delivery, and payable by wire transfer upon receipt of invoice.
The specific services will be payable by wire transfer upon receipt of invoice according to the terms of the special conditions
VI.1. For all its services, COMMEON is subject to an obligation of means and not of result. The service provided by COMMEON is a technical service relating to its role as an intermediary. In no event can COMMEON be held liable for a direct or indirect failure of an obligation to advise.
VI.2. COMMEON shall in no event be liable for any damage resulting partially or totally from non-compliance with these Terms of Service. The Participant is responsible for any direct or indirect damage, whether material or immaterial, caused to COMMEON and/or any of its Partners.
The Participant agrees to indemnify COMMEON and its right holders, against all losses, expenses, damages, and costs, to a reasonable extent, that may result from non-compliance with the Terms of Service.
VI.3. COMMEON shall not be held liable for activities performed and information stored by the Organizations or any Platform User.
VI.4. COMMEON shall not be held liable for activities performed or information stored illegally if it was not aware of the illegal nature thereof or if, upon being aware thereof, it promptly withdrew such information or prohibited access such information.
VI.5. Regardless of the nature, grounds, and modalities of an action that may be taken by the Platform User, except in cases of gross negligence or fraud, the liability of COMMEON is limited to direct and foreseeable damage suffered by the User and caused by any breach of its obligations hereunder or under the law, and cannot exceed one hundred euros throughout the duration of the service provision.
VI.6. COMMEON shall in no case be held liable for any direct and/or indirect damages, such as commercial loss, loss of customers, missed donation or loss of chance, any commercial issue, loss of profit, loss of brand image suffered by a User, or a third party, and that could result from the services provided by COMMEON or the implementation or unavailability of those services. COMMEON does not guarantee the availability or performance of the Platform.
Any action against a User by a third party is assimilated to indirect harm, and therefore does not qualify for compensation other than the abovementioned maximum amount of one hundred euros.
VI.7. Users acknowledge that the above limitations of liability and warranty ensure that risks and responsibilities are reasonably allocated between the parties considering the context and financial terms surrounding the Platform.
VI.8. The content of the Project, its presentation, and its monitoring elements (news, etc.) are developed by the Organization under its own responsibility. COMMEON does not take part or bear any contractual responsibility in the Projects, nor in the provision of Compensations. COMMEON shall not be held liable for the actions or omissions of the Organizations, which remain solely responsible for all of the terms of the Project vis-à-vis the Patrons.
The Organization undertakes to indemnify COMMEON against all damage suffered that would be charged against it in connection with a Project, and provides a limitless guarantee against any action for damages that may be taken against COMMEON by a Patron, a Participant, or any third party due to the presentation, the implementation, or completion of a Project and the Compensations presented on the Website. The charge of insurance relating to the Project (all risk public liability insurance, including cancellation) is borne by the Organization.
VI.9. Tax consequences of non-compliance with applicable regulations, including tax regulations, by the Participants are the sole responsibility of the Participants.
VI.10 COMMEON has no systematic control and assumes no liability in connection with:
i. The quality, compliance of a Project with the law or the suitability of the Compensations proposed by the Organizations;
ii. The reliability, accuracy, or legality of any information relating to Compensations or identification of Participants;
iii. The professional qualification of the Organizations;
iv. The solvency of Participants.
The Participant agrees, under penalty of immediate suspension of their Personal Account without notice:
- Not to create or use other accounts than that initially created and assigned on the Website, either under his/her own identity or that of a third;
- Not to create a false identity likely to mislead COMMEON or any third party and not to impersonate another person or entity.
In case of provision of false, incomplete, misleading, or out-dated information, in case of violation of the Terms of Service or any unlawful conduct, COMMEON reserves the right to withdraw the content from the Platform immediately without notice and/or suspend or delete the Personal Account of the Participant, or take other appropriate measures against him/her. These measures may consist of a warning, interruption, or cancellation of the registration on the Platform.
Under Article 6 of Law No. 2004-575 of 21 June 2004, COMMEON is not bound by any general obligation to monitor the information and content available on the Platform or by any general obligation to seek facts or circumstances indicating illegal activities.
In the event that a Participant becomes aware of a violation of laws and regulations on the Platform, and in particular the presence of content advocating crimes against humanity, inciting racial hatred, violence, child abuse and, in general, against human dignity, they shall notify COMMEON immediately at firstname.lastname@example.org and provide information identifying the offending content and/or author.
Any Participant agrees to indemnify and hold COMMEON harmless against the consequences of any claim from a third party associated with non-compliance by the Participant with the Terms of Service, laws and regulations, an intellectual property right, or for the cancellation of a Donation by the Participant concerned. The Participant agrees to provide its full cooperation in the processing of the claim of another Participant against him/her.
Computer records and “logs” stored by COMMEON, in accordance with the accepted standards of safety, are, unless indicated otherwise, considered evidence of communications, agreements, and payments between the parties.
IX. PLATFORM MANAGEMENT
IX.1. Closing the platform
COMMEON reserves the right, including but not limited to corrective, evolutionary or maintenance reasons, to temporarily suspend access to the Website or any part thereof.
COMMEON may terminate, at its sole discretion, the operation of the Platform after having previously notified the Participants at least one (1) month in advance, and COMMEON may not be held liable for this decision, for any reason whatsoever.
IX.2. Amendments to the Terms of Service and evolutions of COMMEON
COMMEON reserves the right to amend these Terms of Service and to change the characteristics (including technical characteristics) of the tools provided on the Platform at any time.
The Participant shall be informed of the amendments to the Terms of Service on his/her Personal Account within a minimum of seven (7) days prior to their entry into force, unless linked with a mandatory order or court decision, in which case they shall come into effect immediately.
The Participant acknowledges and agrees that its use of the Website after the date of amendment means its express and unreserved acceptance of the amendments and changes.
X. GENERAL PROVISIONS
Partial invalidity: Any provision of the Terms of Service that may be declared invalid or illegal by a competent judge shall be without effect, but its invalidity shall not affect other provisions of the Terms of Service or affect the validity of the Terms of Service as a whole or in its legal effects.
Force majeure: Participants shall not be held responsible, or considered to have breached the provisions of the Terms of Service for any delay or failure when the cause of the delay or failure was due to a case of force majeure as defined by the jurisprudence of the Court of Cassation.
COMMEON cannot be held liable to the Participant or any third party of possible degradation, suspension, or interruption of operation of the Tools due to a case of force majeure, the actions of a third party or Participant, as well as unavoidable contingencies arising from technology and the complexity of implementing the tools.
In case of force majeure, the obligations of COMMEON and the Participant are suspended for all its duration.
Independence of Participants: The Participant acts on the Platform independently and its registration does not mean that the Participant is a subordinate, an agency, a de facto company or holding or a representation.
Assignment: COMMEON reserves the right to transfer to any company of its choice all or part of the rights and obligations arising between COMMEON and the Participant, after having informed the latter
Transfer: COMMEON reserves the right to transfer to any company of its choice all or part of the rights and obligations between COMMEON and the Participant, after notification to the latter.
In case the Participant does not wish his personal information to be collected through cookies, he/she may disable support for cookies in his/her browser. This may however reduce the performance and functionality of the Platform and the Tools.
XII. DATA PROCESSING AND DECLARATION TO THE CNIL
The personal data collected and subsequently processed on by the Website are those that the Participant voluntarily transmits to the Website, including through registration forms. COMMEON expressly invites the User to consult its Personal Data Protection Policy which forms an integral part of these GCU
The Participant agrees to provide accurate, current, and complete information, to reflect any corresponding changes on his/her Personal Account immediately, and to promptly inform COMMEON if necessary.
The Website and the personal files were the subject of a declaration to the CNIL on 19/03/2014 under number 1751471, according to law number 78- 17 of 6 January 1978 on computers, files, and freedoms.
In accordance with Articles 38 and subsequent of the law, the User who completed an online registration form has a right of information, opposition, access, and rectification of his/her own data.
The User’s right is exercised by sending a letter by ordinary post to the registered address indicated above, or by email at: email@example.com, stating his/her first name, surname, date of birth, address, email, and password.
XIII. JURISDICTION AND GOVERNING LAW
The competent courts for any dispute relating to the application, interpretation, or termination of these Terms of Service are the courts of Paris.
These Terms of Service shall apply for the duration of use of the services of COMMEON by one of the parties, including the opening period of the Personal Account or the interactions of the party as a User, Participant, Patron, or Organization.