Terms of Use
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Document to be finalised with a fintech lawyer before public launch. The clauses below describe the economics of the service; they will be adjusted after incorporation and signature of the standard mandate.
These Terms of Use ("ToU") govern access to and use of the RECOUVRA platform by professional creditors. Together with the amicable debt-collection mandate signed electronically at sign-up, they form the contract between RECOUVRA SAS and the user.
1. Purpose
RECOUVRA is a SaaS platform for the amicable collection of B2B commercial receivables (French Commercial Code, art. R124-1 et seq.). The service strictly covers the amicable phase: multi-channel dunning, document management, payment-link generation and Stripe Connect pay-outs. No judicial proceedings are run internally.
2. Access
Sign-up is restricted to legal entities registered in France and represented by an authorised person. The creditor warrants the accuracy of the information provided (registration number, representative identity, contact details) and undertakes to keep it up to date. Access is subject to KYC validation operated by Stripe (Stripe Connect Standard).
3. Collection mandate
Creating a case grants RECOUVRA an amicable collection mandate for the relevant receivable. RECOUVRA acts on behalf of the creditor without any transfer of ownership of the receivable. The creditor retains full control of its cases at all times and may revoke the mandate with 7 days' notice.
4. Fees (No cure, no pay)
RECOUVRA is paid exclusively on success, via a commission applied to the amounts actually collected. The rate depends on the age of the receivable at the date of mandate (8% < 30 days; 10% from 30 to 90 days; 12% from 90 to 180 days; 15% beyond). A commission invoice is issued at each collection and automatically deducted from the pay-out to the creditor.
5. Collection and pay-out
Debtor payments flow through Stripe Connect Standard. The creditor holds its own Stripe Connect account on which funds are paid out directly, net of RECOUVRA's commission. RECOUVRA never holds client funds (no escrow account).
6. Creditor obligations
The creditor shall only create a case for receivables that are due, certain and liquid, not substantively disputed, and shall provide the necessary supporting documents (invoice, contract, prior formal notice if applicable). The creditor shall not engage in any practice prohibited by the French Consumer Code or by CNIL guidelines on debt collection.
7. Liability
RECOUVRA is bound by a best-effort obligation when running the dunning workflow. RECOUVRA cannot be held liable for non-recovery, debtor insolvency or the consequences of erroneous information provided by the creditor. In any event, RECOUVRA's total liability is capped at the amount of commissions received over the past twelve months.
8. Termination
Either party may terminate the contract at any time, free of charge, subject to 7 days' notice. Pending cases may either be finalised by RECOUVRA or returned to the creditor together with all documents and the dunning history.
9. Governing law and jurisdiction
These ToU are governed by French law. Any dispute relating to their formation, performance or interpretation shall fall within the exclusive jurisdiction of the courts of the district of RECOUVRA SAS's registered office, save for any mandatory provision to the contrary.