INST MUTUEL is a French credit institution approved under number 16908 by the Autorité de Contrôle Prudentiel et de Résolution (ACPR – 4 Place de Budapest - CS 92459 - 75436 Paris Cedex 09) and is subject to the supervision of this authority, particularly for compliance with rules related to customer protection, and to the supervision of the European Central Bank (INST MUTUEL) for its financial soundness.
INST MUTUEL is registered with the Organisation for the Registration of Insurance Intermediaries under number 18001139 as an insurance intermediary. INST MUTUEL's registration can be verified with ORIAS - 1, rue Jules Lefebvre – 75 341 Paris Cedex 09 / www.orias.fr.
INST MUTUEL has no exclusive relationship with an insurance company and will provide its clients, upon request, with the name of the insurance company.
The INST MUTUEL website (hereinafter the "Site") is accessible via "www.inst-mutuel.com ". Some services offered on the Site and mentioned in the Agreement are also accessible through mobile applications (hereinafter "App").
The Account Agreement defines the operation of the deposit account, hereinafter referred to as the "Account," opened by "INST MUTUEL" to a capable, adult individual residing for tax purposes in France acting not for professional purposes, hereinafter referred to as the "Client."
The Account Agreement, hereinafter referred to as the "Agreement," consists of:
After conducting the necessary verifications, INST MUTUEL agrees to open the Account or, if applicable, refuses at its discretion.
Any refusal or acceptance of Account opening is communicated to the Client by email.
To open an Account, the Client must verify their identity. For this purpose, they must present an official document valid with their photograph and an MRZ strip (with ICAO standard), and any other document requested by INST MUTUEL (for example: a second proof of identity, a tax notice, etc.).
The Client must also reside in France and indicate whether they are a tax resident in France and whether they are a U.S. taxpayer. They sign a self-certification of tax residence, so INST MUTUEL's responsibility cannot be engaged if there is a violation of the tax regulations of the country of residence. The refusal or failure of the Client to justify their tax situation may result in the refusal of opening or automatic closure of the account and notification to the tax authorities.
The Client must also be fully capable in civil life acts and, in the case of minority, be duly represented. In this latter case, the account operates under the signature of the Client and under the responsibility of the Legal Representative.
In the case of an unemancipated minor, INST MUTUEL can only proceed with the opening of the first current Account upon request of the Legal Representative, who certifies, if applicable, having informed the second Legal Representative beforehand.
The legal representative can authorize the minor client to receive payment means provided that they themselves hold a bank account (in a European Union institution). They are responsible for the operations carried out by the minor client on their account until they reach majority.
Upon reaching the age of majority, the Legal Representative no longer has access to the Client's Account and cannot carry out any operations on the Account. The Account then operates solely under the responsibility of the Client, who accepts all operations carried out prior to their majority on their Account.
The Legal Representative remains responsible for the payment of contributions due before the majority of the Client.
Throughout the duration of the Agreement, the Client undertakes to hold a valid personal email address, a French personal and valid mobile phone number (with a +33 code for mainland France, +262 for Reunion and Mayotte, +590 for Guadeloupe, +594 for French Guiana, or +596 for Martinique), as well as a compatible (XX reference to the list on the website) and non-jailbroken smartphone. Furthermore, the Client undertakes to inform INST MUTUEL without delay of any changes in their financial and personal situation, including any changes in civil status, address, legal capacity, marital status, tax residence status, phone number, email address, change of smartphone, as well as any element likely to affect the functioning of the account, by providing, if necessary, any necessary justification.
In case of change of tax residence, the Client must inform INST MUTUEL within 90 days and provide a new tax residence self-certification attesting to their tax residence(s) as well as their tax identification number(s) assigned by the jurisdiction(s) of which they are tax resident. The Client may be required, at the request of INST MUTUEL, to provide additional documents so that INST MUTUEL can justify to the tax authorities the information provided on this self-certification.
The Client is informed that failure to provide INST MUTUEL with the documents to establish their tax residence(s) and tax identification number(s), or when the information provided on these documents appears incomplete or erroneous, may result in the refusal of account opening or, in the case of an already open account, its closure, at the sole initiative of INST MUTUEL, under the conditions provided for in the "Account Closure" paragraph.
The Client can request at any time a copy and/or a copy of the Agreement from Ma French Bank. They can also access the General Conditions at any time on the INST MUTUEL Site.
Subscription to an INST MUTUEL account is possible at eligible Post Offices, available on the INST MUTUEL Site.
To open an account at the Post Office, the Client must provide the necessary information to the Post Customer Advisor and the requested documents to constitute their subscription file, as indicated in the article "I. Account Opening - 1. General Information." To finalize the subscription, the Client must, after having read the Pre-contractual Information Sheet, these General Conditions, and the Tariff Conditions, sign on the tablet of the Post Customer Advisor at the Post Office. The Client acknowledges that this signature constitutes their consent to the obligations arising from the signed document. These documents are provided to the Client on their web client area or are available on the INST MUTUEL Site. The Client may request from the Post Customer Advisor a printout of the contractual and informational documents.
The Post Customer Advisor activates the card and hands it over to the Client. In order to be able to carry out binding transactions, the Client must confirm their declared postal address when opening the Account by entering a code received by mail to their home. The absence of confirmation within 30 days by the Client of their address, which prevents INST MUTUEL from verifying said address, may result in the blocking of the Account and subsequently the closure of the Account, as provided in the chapter "VIII. Duration and Closure of the Account".
To open a digital account, the Client must be of legal age, a French tax resident, and provide proof of holding a bank account opened in their name in a European Union bank.
To open a digital account, the Client must provide all the necessary subscription information and choose the products and services they wish to subscribe to.
The Client submits all the required supporting documents requested by INST MUTUEL.
The Pre-contractual Information Sheet, these General Conditions, the Specific Conditions, and the Tariff Conditions are consultable and downloadable at the time the Client opens their Account and subsequently on their web client area or on the INST MUTUEL Site.
At the time of electronic signature, the Client views all the characteristics of their subscription request. The Client receives a one-time password via SMS on their Smartphone, which they must enter in the subscription process form.
To finalize the online account opening request, the Client must make an initial deposit of a minimum amount of €50 (this amount is €10 for minors) from a deposit account opened in their name or in the name of their Legal Representative within a European Union bank.
To finalize the Account opening and be able to carry out binding transactions, the Client must confirm their declared postal address by activating on their web client area or their App the bank card received at their home.
The failure to validate the address and/or activate the card within 30 days by the Client may result in the blocking of the Account and subsequently the closure of the Account, as provided in the chapter "VIII. Duration and Closure of the Account".
In accordance with articles L222-7 and following of the Consumer Code, the Client has a period of 14 calendar days from the conclusion of the contract to withdraw and/or waive it, without penalty and without being required to indicate the reasons for their decision.
This period begins to run from the day INST MUTUEL confirms the opening of the Account to the Client.
The Client accepts the immediate execution of their contract upon confirmation by INST MUTUEL of the opening of the Account.
To exercise this right of withdrawal, the Client sends their withdrawal request by regular mail to the Customer Service, remembering to mention the following elements:
To the address INST MUTUEL – Retraction Service – CS 30034 – 59891 Lille Cedex 9
The Client exercising their right of withdrawal cannot be required to pay any fees or commissions of any kind. They are required to pay the price corresponding to the use of the Account, between the date of conclusion of the Agreement and the date of withdrawal.
The Client who does not wish to be solicited by a third party other than INST MUTUEL can register with Bloctel - 6, rue Nicolas Siret - 10000 Troyes or on the Internet: www.bloctel.gouv.fr.
It is agreed between INST MUTUEL and the Client that the signature of a Document, constituted by a click on a button expressly referring to the concept of electronic signature ("OK, I sign my contract"), the identification and entry of the one-time password to sign the document, entails the Client's consent to the rights and obligations arising from the content of the document.
INST MUTUEL and the Client agree that the Client manifests their consent by clicking on buttons and/or checking boxes and/or entering a one-time password received by SMS and/or clicking on radio buttons and/or using any other means made available to them. These actions constitute evidence of the data and facts they represent.
INST MUTUEL and the Client agree that, unless proven otherwise, recordings by INST MUTUEL's computer systems and the Provider responsible for electronic signature and the Third-party archiver responsible for archiving contracts, the PDF document containing the Client's Signature or their reproduction on electronic or paper media, are binding between them as to the existence of a document signed by the Client and its content.
In case of contradiction between the media, the recordings stored in INST MUTUEL's Third-party archiver's computer system will prevail.
The computer recordings will be kept under conditions ensuring their security and integrity over time, in accordance with the requirements of Article 1366 of the Civil Code.
For digital account opening, the Client must proceed with an electronic signature of the contract.
The Document to be signed is presented in the form of an electronic document in PDF format. The Client reviews the presented document and, if they accept the conditions, decides to sign it, proceeding with an electronic Signature by clicking on a button expressly referring to the concept of electronic signature ("OK, I sign my contract") and entering the one-time code received via SMS.
The Document is then electronically signed in PDF format, it is certified and timestamped, through the Certification Authority, and then sent to INST MUTUEL's computer systems. The electronic signature solution then verifies:
If these conditions are all met, a copy of the Document is provided to the Client in the form of a PDF document in their web client area. They can store the Document on their computer and also make a paper copy.
If the conditions are not all met, the Document is destroyed and considered null and void. However, the Client can renew their subscription and sign the document again.
The Document signed by the Client, as well as the results of this verification and the elements that allowed it to be carried out, are recorded in timestamped technical records.
The Client must, regarding Document Signature: ensure that they only sign a Document after using the means recommended by INST MUTUEL to access their web client area,
INST MUTUEL must:
INST MUTUEL may receive a request for Bank Mobility as the Departing Bank.
In this case, if the Client is eligible, INST MUTUEL will transmit within 5 days the recurring transfers and withdrawals over the last 13 months as well as the coordinates of the Issuer Banks.
If the Client has requested to close their account, INST MUTUEL will take care of it and will transfer their assets to their new account within a maximum period of 30 days.
INST MUTUEL may receive information about Bank Mobility from a beneficiary of a transfer issued by a Client.
In this case, INST MUTUEL informs the Client of the change.
Upon activation of their INST MUTUEL Account, the Client can benefit from a free bank mobility assistance service. This service is not available for minors.
With this service, INST MUTUEL, as the Receiving Bank, offers the Client the opportunity to inform, on their behalf, the Departing Bank and the Issuer Banks.
By subscribing to this service, the Client authorizes INST MUTUEL as the Receiving Bank.
To subscribe to this service, the Client must provide INST MUTUEL with the necessary information to carry out these procedures, namely:
1. the name of the Departing Bank,
2. their banking references with this bank,
3. an electronically signed mobility mandate,
4. their preference to close or not their accounts at the Departing Bank.
INST MUTUEL communicates the bank mobility request to the Departing Bank.
Within 5 days, the Departing Bank transmits all information about uncashed checks, recurring transfers and withdrawals over the last 13 months, as well as the coordinates of the Issuer Banks. If the Client has requested, the Departing Bank takes care of closing their account and transferring their assets to their INST MUTUEL Account.
INST MUTUEL, as the Receiving Bank, cannot be held responsible for the time it takes for the Departing Bank or the Issuer to implement the change of domicile. This period is a maximum of 45 days.
Subject to adequate prior provision, the Client authorizes INST MUTUEL, as the Receiving Bank, to record active recurring transfers made over the last 13 months.
In the event of a dispute with an Organization regarding a direct debit or a transfer, the Client may suspend its execution under the conditions provided in chapter "VI. Account Operation". The Client will resolve their dispute directly with the Organization.
The direct debits and transfers subject to bank mobility expressly requested by the Client can be revoked at any time regardless of the clauses of the contract concluded between the Client and the Organization.
The Client authorizes INST MUTUEL, as the Receiving Bank, to perform, on its behalf and for its account, all procedures with the Departing Banks and Issuers. The Departing Bank's details will be transmitted by the Client to INST MUTUEL in accordance with the terms agreed in paragraph "8.1. INST MUTUEL as Departing Bank", in order to domicile the direct debits and/or transfers made by the Issuer Banks to its Account opened at INST MUTUEL. To allow INST MUTUEL to carry out this mission, the Client authorizes INST MUTUEL to communicate to the Issuer Banks with which they wish to change their Bank Domiciliation, the details of their Account opened at INST MUTUEL.
By way of derogation from chapter "VIII. Duration and Closure of the Account", the mandate is concluded for a period of 45 days from its date of signature. The mandate may be revoked at any time by either party. If changes of domicile have already been requested, it is the Client's responsibility to revoke or modify them directly with the Organizations. The closure of the Account constitutes revocation with INST MUTUEL.
The service may be provided by a provider chosen by INST MUTUEL. To this end, the Client waives INST MUTUEL of its obligation of professional secrecy and authorizes it to communicate to the provider the personal data necessary for the performance of the service. The provider is also bound by professional secrecy.
Any natural person, not acting for professional purposes, domiciled in France or legally residing in another Member State of the European Union or of French nationality residing outside France may request from INST MUTUEL the opening of a deposit account if they do not already have such an Account in France and subscribe to the Basic Services of their choice. If necessary, INST MUTUEL may recommend opening an Account with La Banque Postale, which offers products and services in line with the applicant's needs. It may also refuse to open this Account by informing the applicant by email and, if eligible, inform them of the procedures for exercising the Right to Account, as described in chapter "X. Miscellaneous Provisions", article "11. Right to Account and Basic Banking Services".
The basic services are: 1° opening, maintenance and closure of the Account; 2° several changes of address per year; 3° issuance of Bank Identity Statements on request; 4° domiciliation of SEPA transfers; 5° monthly provision of a statement of operations carried out on the Account accessible in their client area; 6° issuance of SEPA transfers; 7° domiciliation of SEPA direct debits; 8° means of remote consultation of the Account balance; 9° a payment card allowing, among other things, payment of transactions on the Internet and cash withdrawals in the European Union.
Each of these services is governed by the Convention, specific agreements and Tariff Conditions. The Account opened with INST MUTUEL can only operate with a credit balance.
Operations and services not included in the Basic Services or exceeding the services set by the regulations are subject to the Tariff Conditions provided to the Client upon subscription.
After having previously identified and authenticated, the Client accesses the online Account services through the following communication channels: Web client space, Mobile App (Smartphone), Telephone, or any other channel that INST MUTUEL may subsequently make available to the Client.
These services are available 7 days a week and 24 hours a day, subject to maintenance operations.
The adult Client holding an Account can access their Web client space at www.inst-mutuel.com (Connection cost according to the Internet service provider). The minor Client does not have a Web client space on the Internet.
The Client must have a device (computer, smartphone, tablet, etc.) for which they are solely responsible, on which a browsing software is installed and has access to the Internet and an up-to-date antivirus system. Subscribing to an Internet service provider subscription is the responsibility of the Client.
These services are available 7 days a week and 24 hours a day, subject to maintenance operations.
The Client must have a mobile phone (Smartphone) for which they are solely responsible, not jailbroken, and has access to the Internet. Subscribing to an Internet service provider subscription is the responsibility of the Client.
To use their Account, the Client must install the INST MUTUEL App by visiting the Google Play if they have a phone running the Android operating system or the App Store if they have an Apple-branded phone.
They must also proceed with synchronization (or "pairing") between their device / their Account and their App (as described in chapter "II. Access Terms to the Account").
In case of detection of a jailbroken phone, the INST MUTUEL App will not be able to function, in order to protect the Client and the Bank.
The Client can contact the Customer Service by phone accessible by Interactive Voice Server (IVR) at the number 09.69.36.20.10 (+33 9.69.36.20.10 from abroad - call not surcharged), from Monday to Saturday from 8:00 am to 10:00 pm. This service requires that the Client has a phone with vocal frequencies.
INST MUTUEL takes all necessary measures so that calls are handled as quickly as possible, and its responsibility cannot be engaged in case of immediate unavailability of advisers.
The Client has the option to request assistance from Customer Service via chat.
However, no binding operation can be carried out by Customer Service at the Client's request via chat.
This service is not available to minors.
The adult Client has the option to subscribe to an Aggregation service with an aggregator other than INST MUTUEL: this aggregator will access the client's accounts and payment transactions via a dedicated interface provided by INST MUTUEL and available 7 days a week and 24 hours a day, except in the case of maintenance operations. Access to the accounts may be made after obtaining consent from the aggregator and strong authentication from INST MUTUEL.
The Client must ensure the safekeeping, preservation, and confidentiality of their personal codes. They have sole responsibility for them and undertake not to disclose them.
In case of the Client's failure to comply with an obligation under the INST MUTUEL Agreement, INST MUTUEL reserves the right to suspend their access to their Web client space and App upon finding the breach, and this without notice. Access to the Services will be restored only if the Client takes the necessary remedial actions.
The Client undertakes to use the Services in accordance with the provisions of the INST MUTUEL Agreement and applicable law.
In case of non-compliance with one or more provisions and/or stipulations of the Agreement, the Client undertakes to indemnify INST MUTUEL from any liability and consequences that may arise from any complaint, action, lawsuit, or conviction initiated by any third party (including individuals on whose behalf the Client acts, in any capacity whatsoever).
The Client is informed and expressly accepts that the use of the Services, information, and tools made available to them is done at their own risk.
The Client expressly accepts and acknowledges that receiving or downloading any content obtained using the Services is done at their sole risk and remains fully responsible for any damage or loss that may be caused to their computer systems and/or mobile telephony, as well as any resulting data loss, if applicable.
If the Client becomes aware of the loss, theft, misappropriation, or unauthorized use of their Web client space and App or their Identification Data, they must immediately inform INST MUTUEL Customer Service for the purpose of blocking their Web client space and App.
The Client is responsible for preserving and keeping their password confidential. They bear the consequences of its disclosure.
To allow initial access to their Web client space, INST MUTUEL assigns the Client a temporary identifier and password, valid for 7 days, which the Client must change according to the procedure indicated to them during the first connection. After this period, the Client must contact Customer Service.
During the first connection, the Client is assigned their permanent identifier, which they must memorize or keep, and then they set their personal password.
The Client logs into their Web client space using their permanent identifier and password.
They also have the option to create a custom identifier (alias) that can be used instead of their permanent identifier. The Client is responsible for choosing this alias.
For security reasons, the Client must frequently change their password, which they must keep confidential.
After three unsuccessful attempts to enter the password on their Web client space, access to their space is temporarily interrupted for security reasons.
INST MUTUEL reserves the right to change the Client's personal codes without prior notification, especially in case of security risk concerning INST MUTUEL's computer systems, for example, in case of prolonged non-use or unauthorized access, and informs the Client.
Every 90 days, the client must log in to their App to authenticate and then access their Web client space.
To benefit from all the services of INST MUTUEL, the Client must synchronize at least one device with their Account, an essential step to use INST MUTUEL services.
Synchronization is limited to one application per mobile. The Client can synchronize up to 3 mobiles on their Account.
The adult Client can synchronize up to 3 mobiles on their Account. The synchronization process of the first mobile is indicated to them during their first connection to their Web client space. The Client downloads the INST MUTUEL App and sets an App code, of which only they have knowledge.
The minor Client and Legal Representatives can respectively synchronize only one mobile on the minor's Account.
The Client can also log into their App by activating fingerprint or face recognition authentication from their App. They use the Touch ID or Face ID technology provided by Apple depending on the iPhone models. A user can register up to 5 fingerprints on their iPhone. These fingerprints can belong to multiple different individuals. The Client is aware that any of these fingerprints can be used to activate the feature.
This authentication mode allows access to the App only for viewing transactions. At any time, the Client can activate/deactivate this authentication mode from their App. In case of changes to the fingerprint library, the Touch ID/Face ID feature will be automatically disabled. The Client then has the option to reactivate it.
After three consecutive unsuccessful attempts to log in to their App, the Account is unsynchronized from the mobile App. The Client must then perform a new synchronization process.
The Client can contact Customer Service from their App on their synchronized mobile (Click to Call). After authenticating with their App code, the Client has access to a button that allows them to be connected directly to Customer Service while retaining their authentication. This feature is not available to minors.
In case of loss or theft of personal codes, the Client must immediately report it by any means to Customer Service, which blocks access to the services.
The Client receives new temporary identifiers and passwords by SMS and email. Similarly, in case of loss/theft of a mobile, the Client must immediately report it to their operator to block their SIM card and unsynchronize their mobile to block access to the App from the dedicated section of their Web client space.
Upon opening their Account, the Client accesses their Web client space and App.
They can benefit from all services only after confirmation of the Account opening by INST MUTUEL and only after validating their address as described in the chapter "I. Account Opening".
If the client does not meet the requirements for updating their client data at the Bank's request, access to the Web client space and App may be blocked until the information is received.
In case of refusal to open the Account, access to the Web client space and the App will no longer be allowed.
The Client can view their Account transactions and perform, among other things, the following operations on their Web client space and/or App:
Special case concerning transfers from their Web client space and App: the adult Client can make occasional or permanent SEPA transfers to accounts held by INST MUTUEL or any other bank.
INST MUTUEL reserves the right to set limits (number and/or amount) on transfers made by the Client over a given period.
To make a transfer, the Client must first create the beneficiary in the list of authorized beneficiaries. They can also modify or delete this list of beneficiaries. INST MUTUEL reserves the right to implement a beneficiary verification period that may be revised at any time.
Furthermore, the Client can make SEPA transfers via SMS to accounts held by INST MUTUEL or any other bank.
The transfer is made by providing the French mobile number (with a +33 prefix for mainland France, +262 for Reunion and Mayotte, +590 for Guadeloupe, +594 for French Guiana, or +596 for Martinique) of the transfer beneficiary. By doing this, the Client authorizes INST MUTUEL to send an SMS to the transfer beneficiary.
The beneficiary must follow the link contained in the SMS to a secure website and, if they accept the payment, enter their bank details in IBAN format.
INST MUTUEL reserves the right to set limits (number and/or amount) on SMS transfers made by the Client over a given period.
Events related to transactions
A message is issued when a Debit and/or Credit transaction exceeds the threshold chosen by the Client when setting up their notifications. A message is issued when the Account balance reaches the amount (positive or negative) chosen by the Client when setting up the alert via email or SMS.
The Client can configure one or more notifications from their Web client space. These may include alerts received via email and SMS, as well as notifications received on the home screen of their INST MUTUEL mobile App.
The Client also undertakes to ensure the accuracy of the personal details provided (email address, phone numbers) and to keep them up to date from their Web client space or App or through Customer Service.
The Client can modify their personal details and/or the settings of their alerts directly from their Web client space, or by contacting Customer Service.
When INST MUTUEL is unable to transmit alerts to the Client due to the inaccuracy of their personal details, the affected alert(s) is (are) deactivated. Ma French Bank then sends an email to the Client informing them of the suspension of the Service and requesting them to update their personal details as soon as possible. In the absence of a valid email address, INST MUTUEL will try to contact the Client through another channel.
Rendering INST MUTUEL unable to contact the Client may result in the blocking of the Account and the initiation of the Account closure process, as described in chapter "VIII. Duration and Closure of the Account".
The information provided by INST MUTUEL regarding the Account concerns the transactions visible from the Web client space and the App on the day of transmission of the information.
Messages are transmitted via SMS or through a notification on a Smartphone connected to a telecommunication network. It is the Client's responsibility to use all security measures (PIN code, message deletion, etc.) offered by their Smartphone to ensure the confidentiality of the information once received.
Receiving alerts via SMS requires owning a Smartphone capable of receiving SMS and having an active subscription with a mobile network operator offering coverage in French territory.
Receiving alerts in the form of notifications requires the installation of the INST MUTUEL App on a compatible Smartphone, configured by the Client to receive notifications issued by the App and connected to the Internet.
Receiving alerts via email requires having a valid email address.
The validation of binding operations is based on strong or two-factor authentication. The Client must use their App, synchronized with their Account, and validate the operation by entering their App code.
A summary of the operation details is systematically displayed to the Client before validating the operation.
Validating operations from the App on the synchronized Smartphone, with entry of the App code, implies the Client's consent to the operations carried out. These operations are then deemed to have been carried out by the Client themselves.
After 3 errors on the App code, the device is blocked (device desynchronized).
Validating binding operations from the Web client space is performed using strong or two-factor authentication. To validate the operation, the Client must enter a single-use code obtained from their Web client space in the "Operations to be validated" section after entering their App code.
The Client declares and warrants to INST MUTUEL that they are the holder of the Access Data provided for the use of Aggregation Services or that they have all the necessary powers and authorizations to authorize INST MUTUEL to provide them with Aggregation Services on behalf of third parties.
They declare and warrant to INST MUTUEL that they are and remain solely and exclusively responsible for access to the Web client space and App and for the use of the Services and have provided a valid email address, of which they are the owner.
INST MUTUEL provides the Client with budget management tools that allow on the Web client space and the App:
INST MUTUEL may offer its adult Clients a service of aggregation of external accounts.
To benefit from the Aggregation service, the Client must give their consent by choosing the payment institutions and the account(s) they wish to aggregate.
To do so, the Client selects the name of the relevant institution from the list of eligible institutions; authentication is required according to the method chosen by the institution concerned to authorize online consultation of the accounts. From the list provided, the Client selects the account(s) they wish to aggregate.
The synchronization of the selected accounts is then automatically performed on a daily basis. The Client can also manually refresh the data of their accounts up to 4 times a day.
They then have the possibility to add/remove establishments and/or accounts from the list.
INST MUTUEL may remove a payment institution from the list of eligible institutions, modify the synchronization methods of the accounts, or cease to offer the Aggregation Service without having to justify a reason.
In order to renew the Client's consent to aggregate their accounts, every 90 days, strong authentication will be required according to the method specific to each institution.
If consent is not renewed within the 90-day period, INST MUTUEL will no longer be able to update the information of the aggregated accounts; previously loaded operations will remain available.
At any time, the Client has the possibility to revoke their consent by removing the institution from the list. In this case, INST MUTUEL will no longer be able to update the information of the aggregated accounts, and previously loaded operations will be deleted.
The Client can consult the balance and transaction history recorded on their accounts opened with INST MUTUEL and on their aggregated external accounts as defined in paragraph 3.1 above. Access to this consultation is available on their Web client space and on the INST MUTUEL App.
The following accounts will be retrieved from external institutions:
Consulting their accounts allows the Client an overview of their financial situation.
Only information on the state of the Client's external accounts communicated directly by their other payment institutions is relevant: before making a management decision, the Client must verify the status of their account with the institution concerned. This decision is their sole responsibility.
The "My budget" section allows the Client to manage their budget using the following features:
INST MUTUEL provides the client with a service on the homepage of its mobile App, offering practical information tailored to their situation to better manage their budget and use all the services available to them:
We Share is a non-banking service that simplifies expense tracking between friends and/or family members during an event, a weekend, holidays, or within a flatshare. It allows inputting expenses, attributing these expenses (equitably or based on allocated shares), and optimally calculating the balance of sharing and, consequently, the reimbursements to be made between participants. Other features simplifying usage by the client are provided (examples: next person to pay, summary and sending of the balance to participants). We Share does not allow for payments between participants. However, it is possible for the accurate calculation of the sharing balance to input a transaction between two participants.
This service is not available to minors.
The Service is accessible from the Web client space and on the INST MUTUEL App. The dedicated We Share space allows the client to create a new Share, consult and modify an ongoing Share, and consult the Share history.
The We Share Service is available on any type of environment, mobile or computer.
A Share must be created within a family or among friends. It must be used for a specific purpose involving financial implications for each of the participants (family events, joint projects).
A Share cannot have contractual value for either the client or the persons concerned by the Share. INST MUTUEL cannot be held responsible for the use that may be made of a Share by the client.
The Service offers the client standard messages for communicating the status of the Share to participants. In this context, the client undertakes not to convey illegal content, infringe on the privacy of a participant, or defame. INST MUTUEL may delete, without justification and notice, a Share that does not comply with these elements.
The Service also offers the client the option to share the Share via a link to participants. From this link, participants can, among other things, consult expenses or suggest new ones that the client may or may not add.
The client can decide to stop using the Service at any time.
INST MUTUEL may temporarily or permanently stop the Service with a notice period of 15 days or, without notice, for security reasons. INST MUTUEL may also modify the Service by adding or removing features, provided that it informs the client, by any means, respecting a notice period of 15 days.
In order to operate under normal conditions, the Account must have a credit balance that the Client undertakes to maintain. Before making debit transactions, the Client must therefore ensure the existence of a available and sufficient provision on the Account, taking into account all previously executed and not yet debited transactions.
The retention and use of payment or withdrawal instruments (cards, etc.) provided to the Client are solely their responsibility.
The value date is the date on which a credit or debit transaction is posted to the Account. The difference between the transaction date indicated in the account statement and the posting date corresponds strictly to the time required for administrative and accounting tasks related to the transactions.
INST MUTUEL does not use value dates. Thus, all credit transactions lead INST MUTUEL to make the funds available on the Client's Account as soon as INST MUTUEL has received them on its own account. Similarly, INST MUTUEL debits the Account for the amount of the transaction only on the settlement date indicated by the Client when issuing the payment order to INST MUTUEL.
A statement of banking transactions summarizing all information regarding each transaction made (hereinafter referred to as the "Account Statement") is provided to the Client, on their Web client space, on a monthly basis. The Client is informed of this by email. The emails do not contain any links or attachments allowing direct access to account statements. To view and/or download their statements, the Client must log in to their Web client space.
By express agreement, the Client requests that this statement be an electronic account statement in PDF format. The Client may, by contacting customer service, request to receive their Account statements on paper.
With the exception of claims for reimbursement of payment transactions, complaints regarding other transactions appearing on Account statements must be sent in writing to customer service within 2 months from the provision of the Account statements to the Client. In any case, the expiry of this period does not deprive the client of legal remedies that the legal or regulatory provisions allow them to exercise.
INST MUTUEL recommends keeping Account statements for at least 5 years. In case of dispute, the production of the Account statement constitutes a presumption of proof of the transactions recorded therein, except in cases of error, omission, or fraud. INST MUTUEL retains a financial record of the operations recorded on the Account for 10 years. In case of contract termination, access to the history ceases. It is therefore up to the Client, considering these possibilities, to record and/or print their Account statements.
A statement of fees charged to the Account during the previous calendar year for the products and services enjoyed by the Client under the Agreement is provided annually. This statement is provided, during the month of January, in PDF format on their Web client space.
The Client is informed of this by email.
In the event that INST MUTUEL cannot, for any reason whatsoever, execute a payment order, it will inform the Client no later than 1 business day following the receipt of the payment order by INST MUTUEL, by email, SMS, or other notification.
For the purposes of the Agreement, business days are calendar days excluding Saturdays, Sundays, and public holidays.
INST MUTUEL provides the Client with RIBs corresponding to their Account on their Web client space and on their APP, allowing them to communicate the details to any organization for the purpose of domiciling income (salaries, pensions, allowances, etc.) or making payments such as direct debits (gas, electricity, telephone, etc.).
It is not possible to grant a proxy on the Account.
The Client can carry out transactions both debiting and crediting their Account and make cash withdrawals.
INST MUTUEL does not issue checkbooks.
The Client cannot deposit checks into their Account.
The Client can withdraw cash from their Account using their card at any ATM. Cash withdrawals by the Client are limited to the authorized limits of the card.
The Client cannot make cash deposits into their Account.
A transfer is a payment service that allows the Client (hereinafter referred to as the "Issuing Client") to transfer funds between their various Accounts or in favor of accounts belonging to third parties designated by them, whether or not the accounts to be credited are held by INST MUTUEL. The Client can also be the beneficiary of a transfer (salaries, social benefits, pensions, etc.), in which case, they are referred to below as the "Beneficiary Client". Minor Clients cannot initiate transfers from their App, except for transfers via SMS.
Authorized transfers are SEPA transfers made in Euro to a SEPA member country.
The Issuing Client can order transfers that are immediate or deferred. Transfers can also be one-time or recurring. In the latter case, the amount and frequency of transfers are defined by the Issuing Client.
To execute a transfer, the Issuing Client must first give their consent to INST MUTUEL in accordance with the conditions provided depending on the device used. Adding a beneficiary is possible in the web client space and on the App (subject to validation by strong authentication).
When the transfer request is established and issued by the Client on the web client space, with the App, the identification and authentication of the Issuing Client imply their consent to the transaction under the specified terms.
When the transfer request is established using INST MUTUEL's payment initiation interface by a payment initiation service provider, the identification and authentication of the Client are carried out according to INST MUTUEL's method. The Client's consent to this transaction is collected by the payment initiation service provider.
In the case of an occasional transfer for immediate execution, the transfer order is irrevocable from the moment it is received by INST MUTUEL.
In the case of an occasional transfer for deferred execution, the Issuing Client may revoke their order at the latest on the last business day preceding the date on which the transfer order is to be executed.
In the specific case of a permanent transfer, the Issuing Client may terminate it at any time. Provided that the Issuing Client has respected the Cut-Off Time, the revocation will then apply to all future installments of the permanent transfer.
The Cut-Off Time is the time before which orders of any nature (transfer, revocation, or more generally payment order) are taken into account by INST MUTUEL on the day of receipt. Thus, any order requested by the Issuing Client and received by INST MUTUEL beyond the cut-off time is deemed to be received on the following business day.
Execution Conditions:
The Day of Receipt is understood as:
INST MUTUEL reserves the right, for security reasons in particular, and depending on the channel used, to limit transfer orders in amount and number for a given period.
SEPA transfers made by the Issuing Client are executed no later than 1 business day following the day of receipt of the transfer order.
The amounts of transfers received are made available by INST MUTUEL in the Account, from the day the funds are received by the latter.
INST MUTUEL may refuse or reject a transfer order, particularly in the following situations:
The Beneficiary Client authorizes INST MUTUEL to debit a transfer previously credited to their Account in the following cases:
As long as the available balance of the Account allows it, INST MUTUEL debits the amount of the credit reversal to the Account.
In all cases, INST MUTUEL informs the Client by any means. In the absence of recovery of the funds following a request for return of funds from the debtor's account-holding institution, the Bank will communicate to the debtor's bank, which in turn will communicate to the debtor all relevant information so that the debtor can file a legal claim to recover the funds.
The fees and commissions possibly collected by INST MUTUEL (in accordance with the Tariff Conditions), by credit institutions, or by payment institutions in connection with the execution of a transfer order are borne by the Issuer and the Beneficiary, respectively.
The direct debit is a payment operation that allows the Client to settle certain recurring (such as electricity, gas, telephony, taxes, etc.) or one-time expenses by debiting their Account, the exact amount of which may or may not be previously known.
The SEPA direct debit is a direct debit denominated in Euro between the debtor and creditor established in the SEPA area. It can therefore be made in France or cross-border between France and a SEPA country.
The SEPA direct debit is based on a mandate sent by the creditor to their debtor, via the first direct debit operation; after notification, the debtor must validate via the web client space or the App the mandate authorizing the creditor to debit the debtor's Account. This authorization can be permanent if it concerns recurring payments, or one-time if it concerns a one-time payment.
Consent:
INST MUTUEL and the debtor Client agree that the Client gives their consent to the execution of SEPA direct debits by accepting online the SEPA direct debit mandate and validating it with strong authentication in the web client space or on the App. A minor Client, as well as their legal representative, cannot give consent for the execution of mandates on the minor Client's Account.
At any time, the Client has the possibility to withdraw the consent they have given for the execution of SEPA direct debits related to a given mandate from their creditor according to the procedure provided by the latter. The Client can also manage these withdrawals of consent in their web client space, App, or with Customer Service. All direct debits subsequent to the revocation will then be rejected.
The Client can suspend one or more direct debits without terminating the direct debit mandate for a period they define. In this case, the direct debit(s) previously identified by the Client will be rejected.
Upon receipt of the pre-notification informing them of the amount and due date of the direct debit(s), the Client checks its conformity with the agreement concluded with their creditor. In case of disagreement, the debtor must immediately contact their creditor to suspend the execution of the direct debit. If the creditor does not take this request into account, the Client has the possibility, with INST MUTUEL:
The Client agrees to resolve directly with the creditor any commercial dispute related to one or more direct debits. The Client can, from the web client space:
Direct debits are received between a maximum of 14 days and at least 1 business day before the agreed due date by the Client and their creditor, and executed by INST MUTUEL on the due date.
The Client is informed that the IBANs they provide to their payers, in the context of transfer and direct debit operations, may be subject, at the request of the payment service providers of their payers, to a coherence check of their bank details by INST MUTUEL. This check concerns the Client's name, first name, and date of birth. The result of the check is intended for the payer's payment service provider and INST MUTUEL.
The Client can withdraw cash or make payments by bank card if one has been previously issued to them at their request by INST MUTUEL, which remains free to accept or refuse to grant it to the Client. Each bank card is subject to terms of use and operation defined in the Specific Agreement "Card Usage Conditions" issued by INST MUTUEL attached to this document.
The Client can fund their account through a 3DS payment made with a bank card in their name. Subject to acceptance of the transaction by the card issuer bank, INST MUTUEL credits the client's account with the transaction amount and cannot accept any request for cancellation of the transaction from the Client. In the event of non-receipt of the funds, INST MUTUEL reserves the right to cancel the transaction on the account.
Funding the account is possible using a Visa, CB, or Mastercard issued by a French bank (excluding prepaid cards) from an account opened in the Client's name. The transaction must be made from a country authorized by INST MUTUEL (List available on the inst-mutuel.com website). It is limited to one transaction per day on the Client's account. The Client is informed of the minimum and maximum amounts during the transaction.
INST MUTUEL is responsible for the proper execution of payment transactions made on the Client's Account.
If the Client disputes having consented to the execution of a payment transaction or asserts that the transaction was not properly executed, it is up to INST MUTUEL to prove by any means that the transaction was authenticated, duly recorded, and accounted for, and that it was not affected by technical or other deficiencies.
INST MUTUEL undertakes to execute the order submitted by the Client in accordance with the information provided by the Client. It is the Client's responsibility to ensure that this information is complete and accurate. In any case, and to ensure the proper execution of the payment order, the Client undertakes to provide INST MUTUEL with the precise and accurate identity and bank details of the beneficiary of the transaction.
Therefore, INST MUTUEL's liability cannot be held if, due to the Client's communication of incomplete or inaccurate information, including non-existent or erroneous bank details, a transaction could not be executed or was executed in favor of the wrong beneficiary. INST MUTUEL is not required to verify that the recipient account is indeed held by the beneficiary designated by the Client.
In the event of the Client providing incorrect bank details, it will endeavor, to the extent reasonable, to recover the funds disbursed. This operation will incur fees as provided for in the Tariff Conditions.
In accordance with legal and regulatory provisions, INST MUTUEL may be required to carry out checks or request authorizations before executing a payment transaction. In this case, it cannot be held responsible for delays or non-execution of payment transactions.
INST MUTUEL cannot be held responsible for the failure to deliver funds to the beneficiary of the payment transaction by its payment service provider in application of a legal or regulatory provision ordering, for example, a freeze of the beneficiary's assets.
Finally, INST MUTUEL is released from any liability in the event of force majeure or when it is bound by other French or European legal or regulatory obligations.
The Client may request refunds for authorized, unauthorized, or improperly executed transactions. Authorized transactions are those for which the Client has validly consented to the execution of the transaction.
Conversely, unauthorized transactions are those for which the Client has not consented to the execution of a transaction or those for which the Client has withdrawn their consent by issuing an opposition or revocation to their customer service or on their web client space. Improperly executed transactions are those for which the Client has given consent but whose execution has resulted, due to malfunction, in an error, particularly in the amount, beneficiary details, or scheduled execution date.
The request for refund of an authorized transaction, whether the amount is known or unknown, can be made in the Client's web client space within a maximum period of 8 weeks from the debit date of the transaction to the Account. This refund request is only possible for payment transactions initiated by the beneficiary (such as direct debit) or by the payer via the beneficiary (such as payment by bank card).
If INST MUTUEL accepts the request, it will refund the Client the amount of the transaction that was the subject of the refund request no later than 10 working days after receiving the request from INST MUTUEL with a good value date. If INST MUTUEL refuses to comply with this request, it will provide reasons for its decision to the Client by email.
The request for refund of an unauthorized or improperly executed transaction must be submitted by the Client to customer service as soon as possible and no later than 13 months from the debit date of the transaction to the Account.
When INST MUTUEL is responsible for the improper execution of the transaction, it will reimburse the Client for the amount of the transaction that was the subject of the refund request as soon as possible.
When the Client disputes having consented to a payment transaction, INST MUTUEL, if it cannot provide evidence of the Client's consent to the transaction, will immediately reimburse the Client for the reported unauthorized transaction. In any case, INST MUTUEL will not refund unauthorized transactions when the Client has acted fraudulently.
Through the refund, INST MUTUEL restores the Account to the state it was in before the execution of the improperly executed or unauthorized transaction.
Regardless of the nature of the refund request, the deadlines set above are limitation periods beyond which no request will be accepted.
Whether responsible or not, and at the express request of the Client, INST MUTUEL will make its best efforts to trace transactions that were not executed or improperly executed and will notify the result of its research to the Client.
INST MUTUEL does not grant authorized overdrafts.
Consequently, INST MUTUEL rejects any payment transaction if the account has an insufficient balance. This situation may, if applicable, expose the Client to rejection fees as provided for in the Tariff Conditions.
However, as an exception, INST MUTUEL may exceptionally agree to the payment of one or more transactions. In this case, this exceptional one-off agreement does not confer any right to an overdraft. The Client must immediately credit their Account with at least the amount of the overdrawn balance.
The overdrawn balance accrues interest in favor of INST MUTUEL at the prevailing rate indicated in the Tariff Conditions, based on the amount used and its effective duration. Interest is calculated and collected monthly in arrears on the Client's Account.
In the event of non-regularization, the Account is closed after INST MUTUEL sends a formal notice that remains ineffective for 7 days. The overdrawn balance of the Account becomes, as of the sending of the formal notice, immediately and automatically due and continues, until fully repaid, to accrue interest at the prevailing rate indicated in the Tariff Conditions.
The applicable interest rates and associated fees are indicated in the Tariff Conditions and may be revised during the year.
Any change to these conditions will be notified to the Client by email or notification in the web client space two months before they come into effect. Failure to contest with customer service within two months after this communication constitutes acceptance of the new rate, any flat rate minimum, and fees.
The Annual Effective Global Rate (APR) corresponds to the total actual cost of the overdrawn balance and includes, in addition to debit interest, any fees. An indicative APR example is provided in the Tariff Conditions, calculated using the equivalent method, in accordance with the formula in the Appendix to Article R313-1 of the Consumer Code. The APR of the exceptional overdrawn balance is indicated, retrospectively, in the Account Statement, calculated using the method of numbers in accordance with the Appendix to Article R313-3 of the Consumer Code.
A Client in a situation of over-indebtedness benefits from the maintenance of the Account on which their income is domiciled for the duration of the examination of the file by the over-indebtedness commission, as well as for the duration of the over-indebtedness plan, measures to address over-indebtedness, or until the closure of the personal recovery procedure.
The Agreement will be automatically terminated without notice by registered letter with acknowledgment of receipt in the event of seriously reprehensible behavior by the Client, non-compliance with contractual clauses, or the application of legislation on money laundering and terrorism financing.
If the Account has a debit balance on the date the over-indebtedness file is declared admissible, the amount of the debit balance is declared in the list of claims submitted to the over-indebtedness commission.
All operations resulting in an account operational incident, such as insufficient funds, rejection due to enforcement action, or rejection due to account blockage, are subject to billing as provided for in the Tariff Conditions.
(Attachment, third-party notice, administrative opposition, etc.).
A creditor (including tax authorities), possibly holding an enforceable title, may resort to various enforcement procedures allowing them to conservatively safeguard their rights (conservatory attachment) and/or to compel their defaulting debtor to fulfill their obligations towards them (attachment, third-party notice, administrative opposition, etc.).
These procedures render the Account balance unavailable from the day they are carried out, i.e., from their service or notification to INST MUTUEL. In the specific case of an administrative opposition, the unavailability of the funds is limited to the amount of the debt pursued.
Once the blocking periods have expired and in the absence of objection before the Enforcement Judge by the Client within the regulatory deadlines, the creditor is allocated by INST MUTUEL and subject to the completion of ongoing operations on the day of attachment and the available balance, the amount of their claim.
In all cases, if the Client disputes the validity of the enforcement procedure, they must inform INST MUTUEL.
In the event of an attachment on the Account, INST MUTUEL will leave at the Client's disposal a sum for subsistence needs equal to that of the Active Solidarity Income (RSA), for a single beneficiary up to the credit balance of the Account on the day of the attachment, unless, in the case of multiple accounts opened with different institutions, the bailiff or the collector in charge of recovery designates another bank.
This sum for subsistence needs remains at the Client's disposal for a period of one month from the attachment. It cannot be seized by the attachment but may be reduced by ongoing transactions.
It does not accumulate with the unseizable sums referred to in the article below, as the sum for subsistence needs made available to the Client is deducted from the amount of unseizable claims whose payment may be subsequently requested.
In the event of an insufficient Account balance, and to the extent that the Client holds other Accounts with a credit balance, INST MUTUEL will leave at their disposal, on these Accounts, the remainder of the sum due as subsistence needs. The Client may benefit from a new provision only in the event of a new attachment occurring one month after the attachment that led to the previous provision.
If a sum greater than the one to which the Client is entitled, as indicated above, is nevertheless provided, the Client must return to the creditor any sums improperly received or made available.
The Client may request from INST MUTUEL the provision of unseizable sums arising from non-periodic claims (salaries, retirement pensions, family allowances, unemployment benefits, etc.), upon justification of their origin and deduction of transactions debited from the Account since the last payment of the unseizable claim.
The Agreement is concluded for an indefinite period from the date of sending the confirmation email, with retroactive effect from the date of signature of the Agreement by the Client. The Agreement may be terminated at any time by the Client by sending a registered letter with acknowledgment of receipt to the Customer Service, without having to justify the reason. Termination automatically results in the closure of the Account and the immediate termination of the Specific Agreements attached to it. The closure of the Account requested by the Client within the framework of the bank mobility service subscribed to by them from a French credit institution has the same effects.
Termination will take effect within 30 days if initiated by the Client and at the expiration of a 60-day period if initiated by INST MUTUEL.
In all cases, the Client must maintain a prior, sufficient, and available provision to pay for the transactions still in progress on the closing date. Any remaining credit balance will be refunded upon the Client's first request according to the means they have previously expressed to the Customer Service.
If, at the time of closure, the account has a debit balance, it will accrue interest at the rate applied to the debit balance in the absence of an overdraft authorization.
Interest will be due at any time, and if, as a result of a late payment, they are due for an entire year, they will themselves accrue interest and thus capitalize with the still outstanding debt.
After the closure of the Account, INST MUTUEL may offset any certain, liquid, and due claim it holds against the Client with the credit balance of the Account to be refunded to the Client.
The Agreement will be automatically terminated without notice in the event of abnormal Account operation, seriously reprehensible behavior by the Client, including fraud, refusal to fulfill an essential information obligation, provision of false or inaccurate information or documents.
If the Client prevents INST MUTUEL from sending them the confirmation of the Account opening, INST MUTUEL may immediately close the Account.
Regardless of the reason for closure, the Client is required to return the card, if any, in their possession.
In the event of the Client's death duly notified to INST MUTUEL and justified to them by the heirs, the Account and access are blocked pending the proper execution of the estate. The account is then closed, and any remaining credit balance is transferred, subject to ongoing transactions, to the heirs or legatees upon presentation of documentary evidence of their rights or, if applicable, to the notary in charge of the estate.
The closure of the Account, like its opening, is subject to notification to the tax authorities and the Banque de France.
Upon reaching majority, the legal representative no longer has access to the Client's Account and cannot carry out any operations on the Account. The Account then operates under the sole responsibility of the Client, who accepts all operations carried out on their account prior to reaching majority.
The minor client who has reached majority must update their customer knowledge elements within 6 months. Failing this, the bank may close the Account within a 60-day period.
The operation of the Account and certain transactions result in fees and commissions being charged to the Account in accordance with the Tariff Conditions, which are provided to the Client upon opening the Account and made available to them on the website inst-mutuel.com (Connection cost according to the Internet service provider).
The Client is informed, through their Account Statement, of the amount and denomination of bank fees related to irregularities and incidents that INST MUTUEL intends to debit from their Account. This debit takes place at least 14 days after the Account Statement closing date.
Debits made by INST MUTUEL to the Account, as the beneficiary of the payment, are based on the Client's agreement with INST MUTUEL in the Agreement or in specific contracts.
The Client has the option to withdraw the consent they have given for the execution of payment orders. However, in this case, INST MUTUEL is entitled to terminate the Agreement and specific contracts. In accordance with Article L133-25-2 of the Monetary and Financial Code, INST MUTUEL and the Client agree that the Client is not entitled to a refund of the debited amount that they contest during the 8-week period from this debit, provided they have given their consent to the execution of the payment transaction directly to INST MUTUEL.
Operations carried out for the Client by the Customer Service may be subject to billing per transaction, according to the prevailing tariff.
INST MUTUEL reserves the right to modify the Tariff Conditions applicable to the Agreement and attached Specific Agreements. The new Tariff Conditions will then be communicated to the Client two months before they take effect. The absence of a written objection by the Client to the Customer Service within two months after this communication constitutes acceptance of the tariff changes. In case of disagreement, the Client may terminate the Agreement, before the effective date set by INST MUTUEL, free of charge and according to the provisions of Article "IX. Duration and Closure of the Account". In the absence of termination, the modification will apply.
Any legislative or regulatory measure that would have the effect of modifying all or part of the products and services will be applicable automatically upon its entry into force.
INST MUTUEL reserves the right to modify the clauses of the Agreement, add or remove them to adapt to legal or technical developments and the needs of the Customer. The new conditions will be communicated to the Client two months before their entry into force. The absence of a written objection by the Client within two months after this communication constitutes acceptance of the modifications to the Agreement. In case of disagreement, the Client may terminate the Agreement, before the effective date set by INST MUTUEL, free of charge and according to the provisions of Article "IX. Duration and Closure of the Account". In the absence of termination, the modification will apply.
The Client is informed that in case of breakdown, maintenance, or system updates, access to their web Client Area and App may be temporarily suspended. INST MUTUEL endeavors to inform the Client and makes its best efforts to restore access to the Services as soon as possible.
INST MUTUEL's activity is authorized and supervised by the Prudential Control and Resolution Authority (ACPR).
The security of Client data is INST MUTUEL's absolute priority, which offers a very high level of security for the Services. INST MUTUEL uses encryption algorithms for this purpose, according to the highest and proven standards in computer security.
INST MUTUEL therefore undertakes to do everything possible to ensure the security of the web Client Area and Client data. However, given the complexity of the Internet environment and information systems, INST MUTUEL cannot be held to a result obligation in this regard.
It is also stated that the web Client Area and the App constitute an automated data processing system and that any fraudulent access to it or any alteration of said system is prohibited and will be subject to criminal prosecution.
All data, including sensitive payment data, is kept under INST MUTUEL's responsibility, which guarantees its confidentiality and integrity. However, if the Client exports and stores such data on any medium that is beyond INST MUTUEL's control, they are aware and acknowledge that data circulating on any information system are not necessarily protected, especially against possible misuse.
The Client accepts the technical constraints, response times to consult, query or transfer data related to the Services, and the risks they entail.
The Client is therefore solely responsible for the use and implementation of security, protection, and backup measures for their equipment, data, and software. As such, they undertake to take all appropriate measures to protect them.
The Client also undertakes not to commit any act that could compromise the security of INST MUTUEL's information systems.
In general, it is strongly recommended for the Client (i) to ensure that any password chosen meets the instructions given when customizing it to be sufficiently complex, and to renew it every three months, (ii) to update the software they have that allows, directly or indirectly, to use the Services securely.
The Client is strongly advised against using the Services on a Smartphone or computer that they do not own or whose use is shared with a third party.
INST MUTUEL reserves the right to interrupt or stop, for justified reasons, its Services, either partially or entirely, for a specific Client, whenever it deems it useful or necessary for the security of the system or to guarantee the interests of INST MUTUEL and/or the Client.
When they become aware of it, the Client undertakes to inform INST MUTUEL without delay by contacting Customer Service by phone or chat, of any failure of their web Client Area or App or any suspicion of fraudulent access to their web Client Area or App.
The Client must immediately inform INST MUTUEL by contacting Customer Service by phone or chat in case of loss, theft, misappropriation, and more generally, any compromise of the confidentiality of the data they have disclosed to INST MUTUEL.
The Client must immediately inform INST MUTUEL by contacting Customer Service by phone or chat in case of loss, theft, or misappropriation of their Smartphone.
In case of suspected fraud, proven fraud, or security threat, INST MUTUEL may contact the Client by any appropriate means.
Identity theft and practices known as "phishing" are central to INST MUTUEL's concerns. Protecting Client information to prevent identity theft is one of its priorities.
INST MUTUEL assures the Client that INST MUTUEL will never ask for Access Data or identification, whether by phone, email, SMS, or any means other than through the App or from the web Client Area.
In case of doubt or confirmed phishing, the Client is invited to immediately inform INST MUTUEL by contacting Customer Service by phone, chat, or email. In case of doubt about an email, the Client is invited to forward it to the address alertespam@inst-mutuel.com.
The Services are intended to best meet the needs of Clients, and INST MUTUEL insists on providing them with Services transparently and in compliance with applicable law.
In this context and in compliance with the conditions set out in Article L. 34-5 of the Postal and Electronic Communications Code and the provisions of the aforementioned Data Protection Act, based on the data processed by INST MUTUEL, the Client is informed and accepts, from their first use of the Services, to receive commercial recommendations, through links accessible via the Services or documents that will be directly addressed to them, in order to benefit from offers of services similar to those subscribed under these terms.
As such, the Client may receive advertising messages regarding offers of products or services, including banking or financial products or services within the meaning of Article L. 341-1 of the Monetary and Financial Code, within the limits set by law.
The Client is also informed that they can update consents for the use of their personal data for marketing purposes via their web Client Area at any time.
In the event that the Client objects to the processing of their Personal Data and to the extent that these recommendations are an integral part of INST MUTUEL's Service, the Client is invited to close their Account. INST MUTUEL will destroy all data concerning them at the end of the legal archiving periods.
In accordance with Article L511-33 of the Monetary and Financial Code, INST MUTUEL is bound by professional secrecy. However, this secrecy may be lifted in cases provided for by current regulations, particularly with regard to supervisory authorities, the Banque de France, the tax authorities, or authorized judicial and administrative authorities. Furthermore, the Client may release INST MUTUEL from this secrecy on a case-by-case basis. To this end, they designate in writing the third parties and data for which they authorize INST MUTUEL to communicate information concerning them. The client expressly authorizes INST MUTUEL to communicate the relevant data concerning them, and their updates, to the following persons:
INST MUTUEL is required to identify and keep updated knowledge of the Client and to apply vigilance to their operations due to legislative and regulatory provisions penalizing money laundering operations arising from the proceeds of any crime and terrorism financing.
As such, the Client undertakes to provide INST MUTUEL, as necessary, with all useful information for updating Client knowledge and the nature of the business relationship, on the purpose of operations or transactions carried out, the origin and destination of funds, and the identity of the recipient(s) of the funds, by providing, if necessary, any supporting document.
All of the Services and each of the elements composing them (including, in particular, associated trademarks, the App, the Website, related technology, etc.) are the exclusive intellectual property of INST MUTUEL, in accordance with the provisions of the Intellectual Property Code.
As such, the software, interfaces, databases, know-how, data, texts, articles, newsletters, press releases, presentations, brochures, illustrations, photographs, computer programs, animations, and all other information (the "Content") provided by INST MUTUEL to the Client are the exclusive intellectual property of INST MUTUEL.
The Agreement does not grant the Client any ownership rights over the Services and all their components, which are and remain the exclusive property of INST MUTUEL.
The provision of the Services as provided for in this Agreement shall in no way be construed as a transfer of ownership to the Client. Consequently, the Client undertakes to refrain from and indemnify INST MUTUEL against any action or act likely to directly or indirectly infringe the intellectual property rights of INST MUTUEL.
INST MUTUEL grants the Client a personal, non-exclusive, non-transferable, and free right to use the App, the Site, and the Content, solely for their own needs within the scope of using the Services, excluding any other purpose. It is strictly prohibited for the Client to access and/or use the source codes of the App, the Site, and/or their software components. The Client acquires no intellectual property rights over the App, the Site, and the Content or any other rights conferred by these terms.
This right of use confers no ownership rights to the Client over the Content. The Client therefore undertakes not to sell, lend, pledge, license, reproduce, commercialize, adapt, modify, transform, decompile any element of the App and/or the Site and/or the Content.
The Client expressly undertakes to ensure that the use of the App does not in any way infringe INST MUTUEL's rights, and notably that such use does not constitute an act of infringement, unfair competition, or parasitism of the Site, the App, or the Content.
All product and service marks contained or associated with the services that are not INST MUTUEL's marks belong to their respective owners. References to names, trademarks, products, or services of third-party banks do not constitute a recommendation regarding the products or services of these banks.
Personal data collected are processed by INST MUTUEL, in accordance with regulations relating to the protection of personal data. They are processed for the management of the banking relationship, accounts, or subscribed products and services, for the management of Clients and prospects under the contract or compliance with legal or regulatory obligations, such as combating money laundering and terrorism financing.
The Client's data will be kept for the duration of the contractual relationship. The data are also used in the legitimate interest of INST MUTUEL, notably in the context of combating fraud and cybercrime, as well as for the purpose of optimization, personalization, and targeting of commercial offers to improve the commercial relationship, and kept for this purpose for a period of 1 year. Moreover, they may be used for commercial prospecting by postal or telephone means in the legitimate interest of the Bank or by electronic means subject to the Client's consent, and kept for this purpose for a period of 3 years from their collection or the last contact with them.
All of this data may be retained beyond the specified periods, in compliance with the applicable legal limitation periods.
Personal data collected is mandatory for the subscription to products and services of INST MUTUEL. Failure to provide them will result in subscription requests not being processed, and the Client may face refusal or termination of the relevant products or services. INST MUTUEL collects from La Banque Postale group companies the personal data of the Client and information relating to the products they have subscribed to from them. INST MUTUEL may also, as part of its legal and regulatory obligations, collect personal data from administrations and public authorities (Banque de France).
They are intended for INST MUTUEL and may be communicated to the group companies to which it belongs and to its subcontractors or partners for the processing and purposes mentioned above. They may also be communicated to any authorized administrative or judicial authority or more generally to any authorized third party, to fulfill its legal or regulatory obligations.
The Client has the right to access, rectify, erase, oppose, and limit processing. They can request portability for the data they have provided and which are necessary for the contract or processing to which they have consented. They may withdraw their consent at any time if previously given. They may also give instructions regarding the retention, erasure, and communication of their data after their death. They can exercise these rights by specifying their name, first name, postal address and attaching a copy of both sides of their identity card, by sending a letter to:
INST MUTUEL - CS 30034 - 59891 Lille Cedex 9
INST MUTUEL may make automated decisions, including profiling, concerning the Client. These decisions are made after consulting regulatory files (FCC), after analyzing the Client's risk profile and the supporting documents provided. Depending on the case, these decisions may result in the refusal of access to a product or service.
Any data transfers made to countries outside the European Union comply with specific rules to ensure the protection and security of personal data. On the occasion of various payment operations (transfer, money transfer), personal data of the Client may be transferred to countries outside the European Union, to allow the settlement of the operation (payment service provider of the payment beneficiary) or to combat money laundering or terrorism financing (EU Regulation 2015/847).
The Client can contact the Data Protection Officer at 115, rue de Sèvres - 75275 Paris Cedex 06.
In case of difficulty related to the management of their personal data, the Client has the right to lodge a complaint with the National Commission for Information Technology and Civil Liberties (CNIL).
In accordance with the provisions of article L.312-1 of the Monetary and Financial Code, any natural person domiciled in France or any natural person legally residing in the territory of another State of the European Union not acting for professional purposes or any French natural person residing outside France without a deposit account in France and who has been refused the opening of such an account by a credit institution may request the Banque de France to designate a credit institution which will be required to open a deposit account for them and provide them free of charge with the Basic Banking Services listed in article D.312-5-1 of the Monetary and Financial Code.
The credit institution that has refused to open an account informs the applicant of this possibility and offers to act on their behalf by transmitting the request for designation of a credit institution to the Banque de France, as well as the information required to open the account.
If the Banque de France designates INST MUTUEL, the account will be opened with La Banque Postale. The latter, in accordance with the law, makes available to the Client only the following products and services: 1° account opening, maintenance, and closure; 2° one change of address per year; 3° provision of Bank Identity Statements upon request; 4° domiciliation of bank transfers; 5° monthly sending of a statement of operations carried out on the account; 6° cashing of checks and bank transfers; 7° payments by SEPA direct debit, SEPA interbank payment order or SEPA bank transfer, the latter can be carried out at counters or remotely; 8° means of remotely consulting the account balance; 9° deposits and withdrawals of cash at the counter of the account-holding organization; 10° a payment card with systematic authorization issued by the credit institution enabling in particular the payment of transactions on the Internet and the withdrawal of cash within the European Union; 11° two bank check forms per month or equivalent means of payment offering the same services; 12° carrying out cash operations.
Each of these products and services offered is governed by the La Banque Postale Agreement and specific contracts annexed thereto. The account thus opened can only operate in a credit position.
An account on which no transaction has been carried out (excluding payment of fees or commissions in accordance with the Tariff Conditions) initiated by the Client for 12 consecutive months, is considered an "inactive account". Any applicable fees as stated in the Tariff Conditions may be charged.
If all of the Client's Accounts held with INST MUTUEL have been inactive for 12 months and the Client has not contacted INST MUTUEL by any means (telephone, mail, logging into their web client space and App) over this same period, they may be deemed an inactive Client.
If so, INST MUTUEL will inform the Client or their Legal Representative by any means.
The absence of any contact from the Client with INST MUTUEL for the following 9 years will lead INST MUTUEL to deposit their assets with the Caisse des Dépôts et Consignations after informing them by any means 6 months in advance and according to the modalities provided for in article L.312-20 of the Monetary and Financial Code.
Depositing assets of inactive Clients with the Caisse des Dépôts et Consignations entails the charging of specific fees by INST MUTUEL as indicated in the Tariff Conditions.
Assets deposited with the Caisse des Dépôts et Consignations can be claimed directly from the Caisse des Dépôts et Consignations within a maximum period of 30 years from the last contact of the Client with INST MUTUEL.
In the event of the Client's death, and in the absence of any contact from their heirs with INST MUTUEL, their assets will be deposited with the Caisse des Dépôts et Consignations 3 years after the date of the Client's death. The assets concerned can be claimed from the Caisse des Dépôts et Consignations within a maximum period of 30 years from the date of the Client's death.
The Client can obtain all information regarding the execution of the Agreement by contacting INST MUTUEL's Customer Service at 09 69 36 20 10 (non-premium rate call).
If the Client wishes to file a complaint, they must contact Customer Service by phone at 09 69 36 20 10 (non-premium rate call) or send their letter to the following address:
INST MUTUEL - Complaints Department - CS 30034 - 59891 Lille Cedex 9
INST MUTUEL undertakes to acknowledge receipt of the complaint within 10 working days of its receipt and to provide a definitive response as soon as possible, no later than 2 months following receipt of the complaint.
For any complaint related to a payment service (direct debit, transfer, card or mobile payment, cash withdrawal), INST MUTUEL undertakes to process the request within 15 working days, except in exceptional cases related to the complexity of the complaint, in which case, INST MUTUEL undertakes to provide a definitive response no later than 35 working days after receipt of the complaint.
In case of disagreement with the response or solution provided by INST MUTUEL, the client may file an appeal by contacting INST MUTUEL by mail, at the following address:
INST MUTUEL - Appeals Department - CS 30034 - 59891 Lille Cedex 9
If no solution has been found following the appeal, the client may submit a complaint free of charge to the Mediator of INST MUTUEL at the following address:
Monsieur Le Médiateur de INST MUTUEL - 115 rue de Sèvres - Case Postale G 009 75275 Paris Cedex 06
Or on the website https://mediateur.groupelaposte.com (Connection and communication costs according to the Internet service provider)
The Mediator of INST MUTUEL carries out their function independently, within the framework of the Mediation Charter available from INST MUTUEL and at Post Offices. The Mediator of INST MUTUEL will facilitate the search for an amicable solution.
In case of online subscription to a product or service, the Client may also resort to the European Online Dispute Resolution (ODR) platform at the following address:
http://ec.europa.eu/consumers/odr/ (Connection and communication costs according to the Internet service provider)
The Agreement may not be assigned in whole or in part by the Client, whether for consideration or gratuitously. In case of breach of this prohibition, the Agreement will be immediately terminated by INST MUTUEL and the Client's liability may be engaged.
Pre-contractual and contractual relations are subject to French law and the applicable language is French.
INST MUTUEL annually sends the Client a general information form on deposit protection, which constitutes an amendment to the Agreement. Deposit protection applies to deposit and savings accounts.
Deposit protection provided by INST MUTUEL is ensured by: Deposit and Resolution Guarantee Fund (FGDR).
Protection limit: €100,000 per depositor per credit institution (1)
If you have multiple accounts with the same credit institution: All your deposits held in accounts opened with the same credit institution covered by the guarantee scheme are added together to determine the eligible amount for the guarantee; the compensation amount is capped at €100,000 (1)
If you hold a joint account with one or more other persons: The €100,000 limit applies to each depositor separately. The balance of the joint account is divided among its co-holders; each co-holder's share is added to their own accounts for the calculation of the guarantee limit that applies to them (2)
Other specific cases: See note (2)
Compensation period in the event of the credit institution's default: Seven working days (3)
Compensation currency: Euro
Contact:
Deposit and Resolution Guarantee Fund (FGDR) 65 rue de la Victoire - 75009 Paris
Phone: 01 58 18 38 08
Email: contact@garantiedesdepots.fr
For more information: Refer to the FGDR website: http://www.garantiedesdepots.fr/
Receipt by the depositor: When this form is attached or integrated into the general conditions or specific conditions of the draft contract or agreement, it is acknowledged upon signature of the agreement.
It is not acknowledged upon annual sending of the form.
Additional Information
(1)General limit of protection: If a deposit becomes unavailable because a credit institution is unable to meet its financial obligations, depositors are compensated through a deposit guarantee system. Compensation is capped at €100,000 per person per credit institution. This means that all credit balances with the same credit institution are added together to determine the eligible amount for the guarantee (subject to the application of legal or contractual provisions relating to set-off against their debit accounts). The compensation limit is applied to this total. Deposits and persons eligible for this guarantee are listed in Article L.312-4-1 of the Monetary and Financial Code (for any clarification on this point, see the website of the deposit and resolution guarantee fund).
For example, if a Client holds an eligible savings account (excluding Livret A, Livret de Développement Durable et Solidaire, and Livret d'Epargne Populaire) with a balance of €90,000 and a current account with a balance of €20,000, the compensation will be capped at €100,000.
(2)Main specific cases: Joint accounts are divided equally among co-holders, unless there is a contractual provision providing for a different distribution key. Each person's share is added to their own accounts or deposits, and this total is eligible for the guarantee up to €100,000.
Accounts on which two or more persons have rights as co-owners, shareholders of a company, members of an association, or similar groupings without legal personality are grouped together and treated as if they were made by a single depositor separate from the co-owners or shareholders.
Accounts belonging to a Sole Entrepreneur with Limited Liability (EIRL), opened to allocate the assets and bank deposits of their professional activity, are grouped together and treated as if they were made by a single depositor separate from other accounts of that person.
The amounts recorded on Livret A, Livret de Développement Durable et Solidaire - LDDS - and Livret d'Epargne Populaire - LEP - are guaranteed independently of the cumulative limit of €100,000 applicable to other accounts. This guarantee applies to the amounts deposited in all these booklets for the same holder as well as the interest on these amounts up to €100,000 (for any clarification, see the website of the deposit and resolution guarantee fund). For example, if a Client holds a Livret A and an LDDS with a balance of €30,000 and a current account with a balance of €90,000, the compensation will be capped at €120,000.
Some deposits of an exceptional nature (sum resulting from a real estate transaction carried out on a residential property owned by the depositor; sum constituting the capital repair of damage suffered by the depositor; sum constituting the capital payment of a retirement benefit or inheritance) benefit from an enhancement of the guarantee beyond €100,000, for a limited period following their collection (for any clarification on this point, see the website of the deposit and resolution guarantee fund).
(3)Compensation: The Deposit and Resolution Guarantee Fund makes
compensation available to depositors and beneficiaries of the guarantee, for deposits covered by it, within seven working days from the date on which the Prudential Supervisory and Resolution Authority notes the unavailability of the deposits of the adhering institution in accordance with the first paragraph of I of Article L.312-5 of the Monetary and Financial Code. This seven working day period will apply from June 1, 2016; until that date, this period is twenty working days.
This period concerns compensations that do not involve any particular processing or additional information necessary for determining the compensable amount or identifying the depositor. If special processing or additional information is necessary, compensation will be paid as soon as possible.
Compensation is made available, at the choice of the Deposit and Resolution Guarantee Fund:
(4)Other important information:
The general principle is that all Clients, whether individuals or companies, whether their accounts are opened personally or professionally, are covered by the FGDR. Exceptions applicable to certain deposits or products are indicated on the FGDR website. Your credit institution will inform you upon request whether its products are guaranteed or not. If a deposit is guaranteed, the credit institution also confirms this on the account statement sent periodically and at least once a year.
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