Europe

Please read these Terms and Conditions ("Terms and Conditions") carefully before accessing and using the website www.bnka.com and/or the BNKA application. BNKA is not a financial institution, merchant, creditor, charity, advisor, or broker of any kind.

These Terms and Conditions apply to operations performed by authorized users through the BNKA application and/or platform, which is owned by Block Digital UAB, a company incorporated under the laws of Lithuania, with its registered office at Kalvariju g. 125, Vilnius, Lithuania, licensed to operate under the regulations as a virtual asset service provider (VASP). BNKA has created the BNKA App and the BNKA web platform (collectively the "Platform").

This contract governs the provision of services offered on this App through the use of “IBAN” (“Virtual IBAN Account”).

The Company reserves the right to review these T&Cs at any time, updating and/or modifying them. The User must regularly read these Terms and Conditions carefully and comprehensively, as they may be modified. The Company may modify these T&Cs at any time by posting the modified terms on the Site, and they will be presumed accepted by the User as long as they continue to use the Site.

All modifications to the T&Cs will be considered tacitly accepted. 

In case of disagreement by the User, the Company will proceed to close the User's Account upon the User's request for instructions on the disposition of the Assets registered in their Account; until the Company receives such instructions, the Account will remain blocked.

Introduction

1.1 BCB Payments Europe SASU (“BCB Payments”) is a French company limited by shares, with registered office at 2, rue Jean Lautier, 75001 Paris and Trade Register number 910 768 266, authorised as an electronic money institution by the French Prudential Supervision and Resolution Authority (ACPR) under number 735745.

1.2 BNKA has partnered with BCB Payments to provide through the BNKA app (the Platform) to jointly offer you the best possible services. BCB Payments provides payment services, and BNKA provides the Platform through which you access and use the payment services. These general payment services terms and conditions (the "Terms and Conditions") govern the use of the payment services, including a personal payment account (the "Account"), which is accessed through the Platform and used to make payment transactions.

1.3 By registering as a customer to use the Platform, you accept BNKA's terms and conditions (the "BNKA Terms and Conditions") regarding the use of the Platform and, if applicable, any related services provided by BNKA. Simultaneously, or at a later stage, you may apply for an Account using the BNKA Platform, which is technically integrated into BCB Payments's payment services platform. These Terms and Conditions, together with your application and BCB Payments's privacy policy (the "Privacy Policy"), form a legal agreement (the "Agreement") between you and BCB Payments, governing your Account and the provision of payment services by BCB Payments. This means that you will be a customer of both BNKA and BCB Payments.

1.4 To access the Platform, you will need an Internet connection and a computer, a smartphone, or a tablet with a web browser (as applicable). You may also need to download and install an app on your smartphone or tablet and accept the BNKA Terms and Conditions.

1.5 The Account can only be used for personal use and in accordance with the Agreement. The Agreement is for an indefinite term, meaning it will continue in force until you, BNKA, or BCB Payments terminate it, in accordance with the provisions of the Agreement.

Account

2.1 Your Account will always include a wallet that holds your e-money denominated in euros (the "Wallet"). These Terms and Conditions set out the terms and conditions applicable to your use of the Account and the Wallet, and any other available functionality.

2.2 You access and operate your Account using the BNKA Platform. Once you have added funds to your Account, you will be able to: create payment orders to make payment transactions in euros to accounts held in your own name with BCB Payments or financial institutions  from the Wallet ("Payouts"); collect euros into the Wallet from accounts held with BCB Payments or financial institutions ("Collections"); view balances and historic transactions on the Account.

2.3 To be eligible for an Account, you need to: be a private individual; be at least eighteen (18) years old; live within the European Economic Area; use only a phone number registered and provided by an operator within the European Economic Area; be a customer of BNKA and have accepted the BNKA Terms and Conditions.

2.4 In addition to the prerequisites set out in clause 2.3 above, you must only use your Account for personal use and for legal purposes. You cannot be listed on or associated with any sanctions list, such as the sanctions lists of the EU, the UN, or OFAC.

How to open your Account

3.1 To open an Account on the Platform, you must accept these Terms and Conditions and complete the account onboarding process. When applying for the Account, you promise and warrant to BCB Payments and BNKA that you will use the Account only for personal use and for legal purposes; any information and documentation provided by you are authentic, up-to-date, true, and correct; you will comply with the provisions of the Agreement; and you will respect BCB Payments's and BNKA and BCB Payments's third parties' intellectual property rights relating to the products and services offered under the Agreement.

3.2 During the onboarding process, you will be asked to provide information about yourself, such as your name, contact information, and information to verify your identity ("KYC Information"). You acknowledge that BNKA may obtain information about you from third parties, such as external registers or information suppliers, to assess your application. BNKA uses automated decision-making to assess your account application. The automated decision-making is based on both data provided directly by you and derived or inferred data such as risk scoring. BNKA will automatically reject your application if you are below the age of 18 and only use automated decision-making to approve your application. If required, your application will be referred for manual review by BNKA's onboarding team.

3.3 Depending on the outcome of the onboarding process,  BNKA may, at its sole discretion, approve or reject your application. If your application is rejected, for any reason, such a decision will be communicated to you, and the Agreement is deemed terminated with immediate effect.

3.4 When providing KYC Information, in connection with your application or at any later stage, you promise and warrant to BNKA that all such documents and information are authentic, up-to-date, true, and correct. You acknowledge that BNKA may at any time request further KYC Information to ensure continued compliance with applicable legislation. Your continued use of the Account is strictly dependent upon your provision and BNKA's verification of any KYC Information requested. BNKA reserves the right to suspend your Account or freeze any funds or to terminate the Agreement and close your Account at any time if you do not provide satisfactory KYC Information upon request.

3.5 You must inform BNKA Customer Support without undue delay of any changes to your contact details such as a change of address or email address or any other information relevant to your use of the Account.

Customer support and complaints

4.1 BNKA provides customer support services relating to the Account ("BNKA Customer Support") and you may contact BNKA Customer Support if you have any questions or issues with the Account via the following link: https://support.bnka.com/hc/es/requests/new

4.2 The complaints team will aim to resolve your complaint as soon as possible and, in any event, respond to your complaint no later than fifteen (15) business days from receipt of your complaint. In exceptional circumstances where more time is required, the complaints team will contact you to let you know, and in any case, BCB Payments will respond to your complaint within thirty-five (35) business days.

4.3 For any complaints or claims you may have regarding any faults or deficiencies in products or services that you have purchased using your Account, please contact the seller of the product or the service provider (i.e., the point of sale) directly. The seller or service provider is liable for such faults or deficiencies in accordance with the laws applicable to the purchase, and neither BCB Payments nor BNKA assume any liability regarding such faults or deficiencies.

Your personal data

5.1 To provide the Account to you, BNKA collects and processes personal data. BNKA is the data controller for the personal data processed under the Agreement for the purpose of providing the Account and BNKA is the data processor for the purpose of you accessing the Account through the Platform.

5.2 As a regulated e-money institution, it is BCB Payments's duty to protect and keep your Account information confidential and secure.

5.3 It is important that you understand how BCB Payments and BNKA process your personal data. BCB Payments and BNKA value our customers' privacy and process and protect the personal data of our customers in accordance with the requirements of the General Data Protection Regulation (GDPR).

5.4 BNKA acts as BCB Payments's data processor through BNKA Customer Support relating to the payment services we offer through the Platform. Additionally, if BNKA provides any other services on the Platform, BNKA is the data controller for your personal data for the purpose of such other services. Please refer to BNKA's privacy policy for more information regarding BNKA's processing of your personal data.

Standard Account functionality Collections

6.1 You can collect euros in your Wallet. You can make payment transactions from accounts held with other financial institutions to your Wallet using the SEPA Network.

6.2 Collections from other financial institutions are generally credited to your Account immediately upon receipt by BCB Payments of such funds. Occasionally it may take a little longer due to required scans or checks BCB Payments is obliged to perform on the funds, such as due to anti-money laundering legislation or for the prevention of fraud.

6.3 Sometimes BCB Payments receives recall requests from the payer's bank concerning a payment transaction intended for your Account. You hereby explicitly authorize BCB Payments to return such funds according to the recall request when such funds have not yet been credited to your Account.

6.4 It is important that the payer provides the correct payment details to your Account for BCB Payments to credit your Account correctly.

6.5 BCB Payments aims to process your Collections as fast as possible, but occasionally your funds may be held up by third-party financial institutions. In such cases, BCB Payments regrettably is unable to influence the speed of the transaction.

Payouts

6.6 Using the BNKA Platform, you can create payment orders on your Account to make Payouts using the SEPA Network. In certain cases, additional payment networks or rails will be available for you to access through the Platform; please refer to the Terms and Conditions for more information. If available to you, BCB Payments executes your payment orders using such additional payment networks or rails.

6.7 Upon creating a payment order, you need to submit the payment order and authenticate yourself to BCB Payments for security reasons. BCB Payments will consider that you, by authenticating yourself, gave BCB Payments your consent and authorized (i) the execution of the Payout in accordance with the payment order you have created, and (ii) the debiting of any related fees.

6.8 For the payment transaction to be executed, you need a sufficient balance (including any fees and charges) in your Wallet. It is not possible to overdraw the Account.

6.9 You acknowledge that neither a payment order nor a Payout can be canceled or reversed once BCB Payments has received the payment order. Once a payment order is submitted and duly authenticated, we will aim to settle according to the following indicative cut‑offs (Paris time).Settlement times are not guaranteed and depend on third‑party/payment‑system availability:

Public holidays may delay the execution of the Payout until the next working day.

6.10 The recipient generally receives a Payout on the next business day. However, a Payout may be delayed if the payment order has to be assessed by BCB Payments  due to legal compliance reasons, such as transaction monitoring requirements.

6.11 BCB Payments or BNKA may, at its sole discretion, reject a payment order if it would be in breach of the Agreement or any applicable legislation, or if BCB Payments or BNKA suspects that the execution of the Payout would be prohibited, for example, in breach of international sanctions.

6.12 You, as the holder of the Account, are responsible for providing the correct account details to the recipient. This is important as neither payment orders nor Payouts can be canceled or reversed. While BNKA Customer Support will try its best to help you recover your funds in circumstances where incorrect recipient account details have been provided, there is a risk that you may lose any funds sent to the wrong account.

6A. Payment Reviews

6A.1 BCB Payments or BNKA may, in its discretion, conduct a Payment Review of: (a) any incoming payment to your Account; and/or (b) any payment instruction you submit, to comply with AML/CTF monitoring and applicable law.

6A.2 For incoming payments under review, BCB Payments or BNKA may place a hold on funds in a reserve account until the review is complete. For outgoing payments under review, BCB Payments or BNKA may require additional information before processing.

6A.3 You must promptly provide information reasonably requested by BCB Payments or BNKA to complete the review, which may include: payer/beneficiary identification details and supporting documents; source of funds/wealth; and the payment’s economic purpose.

6A.4 Once the review is satisfactorily completed, BCB Payments or BNKA will credit the payment to your Account and/or process the payment instruction. If the review cannot be completed to BCB Payments or BNKA’s satisfaction, BCB Payments or BNKA may reverse the incoming payment to the sender and/or decline to process the outgoing payment.

Rejected transactions, refunds, and unauthorized use

7.1 BCB Payments or BNKA may reject any transaction (including a Payout, a Collection, jointly a "Transaction") made to or from your Account if BCB Payments or BNKA believes that it is in breach of the Agreement or any applicable legislation, rules, or regulation.

7.2 If you experience an error with any Transaction made to or from your Account, please contact BNKA Customer Support as soon as possible and no later than ten (10) business days after the Transaction was executed. BNKA Customer Support will help you resolve any issues, however, no guarantee is granted for the success of such measures as the error may have been caused by a third party outside of BCB Payments's control. Where BCB Payments does have control, BCB Payments may reverse an erroneous transaction or refund any overpayments if BCB Payments considers it appropriate. A return, depending on the circumstances, may entail third-party fees at your cost, meaning that the returned transaction amounts may be lower than the original transaction. Please note that if you contact BNKA Customer Support later than ten (10) business days after you made or received an erroneous Transaction, it is unlikely that BNKA Customer Support nor BCB Payments will be able to help resolve the matter. BCB Payments aims to refund or reverse the Transaction or to let you know that it cannot be refunded or reversed (as applicable) within thirty (30) days of you filing your request with BNKA Customer Support. Please note that this timeframe may need to be extended as necessary due to the complexity of the request.

7.3 If it comes to BCB Payments's attention that funds have been incorrectly credited to your Account, you will be contacted as soon as possible by BNKA Customer Support and steps will be taken to help the payer to recover such funds. This may involve reversing the incorrect transaction or refunding any overpayments on your Account with your consent. If you notice any incorrect crediting of funds on the Account, please contact BNKA Customer Support without undue delay.

7.4 You must contact BNKA Customer Support without undue delay if you suspect unauthorised use of your Account. To ensure BNKA can preserve recovery rights with BCB and other payment participants, you must report any unauthorised or incorrectly executed transaction within 60 days of the debit date. This 60‑day escalation does not limit any statutory consumer rights you may have (including the 13‑month period under PSD2 where applicable).

7.5 Upon your notification, BCB Payments will investigate the flagged Transactions. BCB Payments will generally refund the funds to your Account unless the unauthorized Transaction could take place due to your failure to protect personalized security credentials (including without limitation ordinary or one-time passwords, Account credentials, or means of communication used with BCB Payments or BNKA for authentication purposes). In this case, you are liable for the amount, up to EUR 35. If the unauthorized transaction could take place due to your breach of the Agreement intentionally or with gross negligence, you are liable for the amount, up to EUR 1,000. If you acted particularly reprehensibly, you will be liable for the full amount.

7.6 If an executed Payout is rejected by the beneficiary's bank and transferred back to BCB Payments, BCB Payments will create a Collection into your Account. Such a return, depending on the circumstances, may entail third-party fees at your cost, meaning that the returned transaction amounts may be lower than the original transaction.

7A. Fraud Claims

7A.1 A Fraud Claim is a claim by or on behalf of a payer alleging that a payment to your Account resulted from a fraud/scam perpetrated on the payer, together with a request that the payment be investigated and, if appropriate, refunded.

7A.2 If BCB Payments receives a Fraud Claim regarding a payment credited to your Account, BCB Payments will notify you and may require supporting evidence (e.g., KYC you collected, email/chat transcripts, and photo/video selfies evidencing the payer’s identity and informed intent).

7A.3 You acknowledge the burden of proof lies with you to demonstrate the claim is not valid. If BCB Payments determines the Fraud Claim is not valid, no refund will be made. If BCB Payments cannot establish the claim is not valid, BCB Payments may, on notice, refund the payment from your available funds; if funds are insufficient, BCB Payments may suspend your Account until sufficient funds are provided.

7A.4 Investigation of Fraud Claims may incur exception‑handling charges as notified from time to time.

Fees and charges

8.1 Fees and charges for your Account are displayed in the BNKA Platform and/or notified to you. Third‑party and scheme fees incurred in processing your transactions (including, for example, SWIFT/TARGET2 ‘OUR’ charges and cross‑currency payment fees) are passed through to you.

8.2 Transaction-related fees and charges will be deducted from your Account at the moment, such as when making a Transaction subject to fees. Any monthly fees will be deducted from your Account on a monthly basis in arrears. You can keep track of fee deductions on your Account using the Platform. You must maintain sufficient funds to cover fees.

8.3 If there are insufficient funds on your Account to cover fees or charges, you need to add funds to your Account as soon as possible.

8.4 BCB Payments may block Payouts from your Account or close your Account if there are insufficient funds to cover fees and charges and you do not add sufficient funds to your Account upon request. BCB Payments or BNKA has the right to bring legal actions against you to recover any sums you owe. If BCB Payments or BNKA incurs any costs taking any of these measures, you may be charged for the reasonable costs.

8.5 You have no set-off right under the Agreement.

8.6 Please note that any third-party fees and charges incurred by BCB Payments or BNKA as a result of your use of the Account will be passed on to you. Please see the pricing information available on the Platform for further information on third-party fees and charges.

Account security

9.1 Safety of your funds. E-money is a type of electronic cash that BCB Payments, as a regulated e-money institution, is authorized to issue in exchange for the receipt of "real money." Your Account is an e-money account that holds your e-money. Upon the receipt of Collections intended for your Account, BCB Payments deposits such money into a bank account with its partner bank and issues the corresponding amount of e-money to your Account. BCB Payments is required to do so under mandatory law to keep your money segregated from BCB Payments's funds, and BCB Payments is not, unlike a bank, allowed to lend your money to anyone. This means that your money is secure and at all times deposited in ring-fenced accounts BCB Payments holds with its partner banks within the EU. These safeguarding practices are designed to protect your money. In the unlikely event of BCB Payments's insolvency, after administrator or liquidator costs have been paid, you as BCB Payments's customer will rank first in any claim on funds held in the ring-fenced accounts. This means that only after customers' funds have been returned will BCB Payments's debts owed to third parties be paid.

9.2 Under the terms of BCB Payments's e-money license, BCB Payments is not permitted to pay interest to you and the funds in your Account are not covered by any deposit guarantee schemes.

9.3 BCB Payments' protection of your Account. BCB Payments uses fraud detection technologies, data encryption, and strong customer authentication solutions in its efforts to prevent unauthorized or fraudulent use of your Account. You may be required to use multi‑factor authentication (including OTP codes sent via SMS) and other security steps when accessing services or making payments. If BCB Payments suspects any unauthorized or fraudulent use of your Account, you will be contacted by BNKA Customer Support.

9.4 BCB Payments may restrict certain merchants you can make payments with if considered necessary to protect your Account.

9.5 Your responsibility. You are responsible for keeping your Account safe. While measures are undertaken to protect your Account, please note that you are responsible for ensuring that your Account and your credentials, ordinary and one-time passwords, means of communication used with BCB Payments and/or BNKA for authentication purposes ("account credentials") are kept safe and secure and that you do not keep account credentials or security details together with a device used to access the Platform; you use a strong password, which you do not use for any other account or similar, which you update from time to time; you do not let any third party access or use the Account; only your biometrics (Touch ID and/or Face ID) are registered on your mobile device; you immediately contact BNKA Customer Support if you suspect or experience that your Account (or any information thereof) is accessed or otherwise used by an unauthorized third party or if you suspect that any account credentials are at risk of or are being used or otherwise possessed by an unauthorized third party; you ensure that all information (including but not limited to your contact details and address) relating to the Account is up-to-date and that you inform BNKA Customer Support without undue delay of any change; and you always follow the rules and recommendations regarding the security of your Account.

Changing the Agreement, closing your Account

10.1 BNKA may unilaterally change the Agreement (such as these Terms and Conditions or the Privacy Policy), for example, to introduce new products or to comply with applicable law. In case of any changes that could affect your current use of your Account, you will be notified at least two (2) months in advance of such change. If you do not accept the changes, you should notify BNKA Customer Support before the changes take effect. Please note that BNKA may terminate the Agreement with you and close your Account in such a case.

10.2 You can terminate the Agreement free of charge and close the Account at any time without a notice period. Please contact BNKA Customer Support if you wish to terminate your Account.

10.3 BNKA may terminate this Agreement and close your Account on three (3) months’ prior notice for any reason (including if you are no longer a BNKA customer).

10.4 BNKA may suspend or close your Account with immediate effect if you materially breach this Agreement or law, or where required by a court order, regulatory or sanctions requirement, or for fraud/AML reasons. While any suspension is in force you may view balances and statements but cannot initiate or approve payments.

10.5 In certain circumstances, BNKA is prevented from closing the Account due to ongoing investigations concerning the Account. In such cases, we may freeze the Account and your funds for the time necessary to complete the investigation.

10.6 Closure of your Account. You will be notified before your Account is closed. In these circumstances, any pending payment order or ongoing Transaction may be canceled, restricted, or blocked.

Additional legal terms

11.1 Negative balance. It is generally not possible to overdraw the Account. It is your responsibility to ensure that there is always a sufficient balance (including any fees and charges) on your Account before you create a payment order or make a Transaction. In rare circumstances, the Account may have a negative balance due to a reversed transaction, due to the fees and charges to be deducted. In such a case, you will need to transfer funds to your Account to cover the overdrawn amount within five (5) business days; otherwise, BNKA has the right to terminate the Agreement with immediate effect and close your Account in accordance with these Terms and Conditions.

11.2 Changes to Account details. In rare circumstances, BNKA may, due to operational reasons, need to make changes to account details (such as account numbers). In such a case, you will be notified in advance. Following such a change, you need to refrain from using the old account details, as transactions may not reach your Account otherwise. Unfortunately, BNKA cannot accept responsibility for any losses incurred as a result of using the old account details.

11.3 Inactivity. Your Account is a payment transaction account and not intended for savings. If your Account is inactive, meaning that no payment order has been created or any Transaction has been made, for a period longer than six (6) months, BNKA has the right to terminate the Agreement with you and close your Account.

11.4 Intellectual property rights. Upon entering into the Agreement, BNKA grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use BNKA's products and services. All intellectual property in BNKA's products and services is owned by BNKA or BNKA’s licensors (such as BNKA's logo and designs, the content on BNKA's website, all software and source code, trademarks, know-how, and data related to BNKA's products and services). You do not have any right to use BNKA's or BNKA's licensors' names, trademarks, logos, or other intellectual property. You must not copy, reproduce, modify, reverse engineer, or disassemble any of BNKA's products, services, or intellectual property rights.

11.5 BCB Payments and BNKA's liability. The Account and all services provided by BCB Payments or BNKA are provided "as is" and BCB Payments nor BNKA cannot guarantee that the services will be free from faults or interruptions. This is partly due to the fact that BCB Payments and BNKA relies on some third parties to provide the Account and the services.

11.6 Exclusions of liability. In addition to the above and to the extent such limitation is permitted by law, BCB Payments or BNKA will not be responsible: for any indirect, punitive, or consequential damages or losses including but not limited to loss of profit, loss of data, loss of business, loss of goodwill, and loss of reputation; for any damages, losses, or costs in connection with or due to BCB Payments or BNKA's compliance with applicable laws, regulations, orders and decisions of courts or authorities, or other regulatory requirements of payment systems, or any other payment, clearing or settlement system; for any damages, losses, or costs in connection with or due to any delays, interruptions, faults, or inaccuracies relating to the Account; for any damages, losses, or costs caused by a virus, malware, phishing, or other technological attacks or harmful material that may infect your IT equipment and infrastructure being used for the Account; for any damages, losses, or costs that arise in connection with or due to unauthorized transactions, other than as set out in these Terms and Conditions; for any damages, losses, or costs arising in connection with or due to BCB Payments's decision (i) not to onboard you and open an Account for you, (ii) close your Account, or (iii) reject a Transaction; for any damages, losses, or costs arising in connection with or due to (i) third-party financial institutions' delays, errors, fees, costs or charges, (ii) a returned Transaction due to currency conversion results in a lower amount compared to the original transaction, (iii) you not providing accurate and correct payment details, including the beneficiary's account details, (iv) you have not provided the necessary KYC information or only with delay, or if the KYC information you provided is not authentic, up-to-date, true or correct, (v) you contacting BNKA Customer Support later than the deadline provided after you noticed an error in a Transaction, (vi) a returned Transaction, (vii) your failure to keep your Account safe; for any acts or any fees charged by third parties, such as third-party banks, for the use of their facilities or services, or for the assessment or payment of any taxes, duties, or other charges that arise from an underlying transaction; or for any fraudulent activities conducted by any third party contacting you posing to be representing for example BCB Payments or BNKA, a well-known company, or an acquaintance of a natural person related to you asking you to disclose your customer details such as password, logins, etc., or to initiate a Transaction. Neither BCB Payments nor BNKA requests that kind of information or undertakes any such action.

11.7 Force Majeure. BNKA shall not be liable for any breach or delay in the performance of BNKA's obligations under the Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic, or any cause beyond the reasonable control of BNKA ("force majeure event"). Should a force majeure event occur, you will be notified thereof, and BNKA will be excused from the performance of the obligations being affected for as long as such force majeure event prevails.

11.8 Severability. If any of the provisions of the Agreement is deemed invalid, unlawful, or unenforceable, the remaining provisions of the Agreement shall continue to be valid and binding on you and BCB Payments.

11.9 Assignment. You may not assign your rights or obligations under the Agreement to a third party and you are the sole party to the Agreement with BCB Payments. You are liable until the Account is terminated and any sums due have been paid by you in full. BCB Payments may assign its rights or obligations under the Agreement to an BCB Payments group company or to any third party without your prior consent.
BNKA may substitute BCB Payments for another payment service provider, in which case BCB Payments shall inform you with at least two (2) months' notice. In such a case, you will remain a customer of BNKA and get the possibility to apply for payment services provided by the other payment service provider in connection with the substitution.

11.10 Performance. BCB Payments and BNKA have a shared responsibility to ensure the functionality of the services. BCB Payments is solely responsible for the payment services, but BNKA shall ensure that the functions through the integration to the Platform work as intended.

11.11 No waiver. BCB Payments has the right to exercise any right or remedy it has under the Agreement at any time, even if such exercise is delayed, or BCB Payments previously failed to exercise any right or remedy it is entitled to.

11.12 French law applies. The Agreement shall be governed by French law without regard to conflict of law principles.

11.13 Dispute resolution. If you are dissatisfied with your Account or BCB Payments's services, please contact BNKA Customer Support. You may also contact BCB Payments's complaints team at support@bcbgroup.io. If you wish to present a formal complaint, it should be in writing including the relevant circumstances of the complaint. 
Subject to your statutory consumer rights, any dispute exceeding EUR 5,000 arising out of or in connection with this Agreement shall be finally resolved by arbitration under the ICC Rules. The tribunal will be a sole arbitrator, the seat is Paris, France, and the language is English. BCB will pay ICC administrative and arbitrator fees. Each party bears its own legal fees unless the arbitrator finds a claim frivolous. The parties shall keep the arbitration confidential. Nothing prevents either party from seeking interim relief in court.

11.14 For disputes not subject to arbitration or where arbitration is not permitted by applicable consumer law, the courts of France shall have jurisdiction.

11.15 If BCB Payments presents legal actions against you, the courts of France shall have jurisdiction to settle any dispute. However, BCB Payments has the right to bring legal action against you in a court of another country if you are resident in or hold assets in such a country.