privacy@up-luxembourg.lu<\/a><\/p>\nThe Affiliate may also contact UP Luxembourg by mail at : \nUP Luxembourg \n9, rue du Laboratoire \nL-1911 Luxembourg<\/p>\n
The Affiliate may also contact UP Luxembourg on the following number: +352 27 94 08 98<\/p>\n
6. VALIDITY OF TRANSACTIONS<\/h2>\n The Affiliate expressly and unreservedly accepts that transfers will be transmitted and executed in accordance with the transaction data and parameters recorded. It accepts and acknowledges that the data recorded by Up Luxembourg is definitively presumed to be correct and enforceable against all parties concerned. If the Affiliate observes an error, it must provide proof of a fault in the operation of Up Luxembourg’s computer centre and shall send its claim as soon as possible in writing to Up Luxembourg within 15 working days of the date of the faulty Transaction or transfer, failing which the claim shall lapse. Proof shall be based on information communicated by Up Luxembourg or recorded by the Terminal, provided that the latter has not been compromised (opening, fraud and\/or manipulation of hardware, software, cables, etc.). Up Luxembourg reserves the right to deduct from payments to be made to the Affiliate the amount of Transactions considered to be invalid (for example because they were made in breach of agreed contractual provisions, unauthorised, fraudulent, etc.).<\/p>\n
7. CHANGES<\/h2>\n The Affiliate undertakes to\u0300 inform Up Luxembourg of any change occurring in its situation: cessation of activity\u0301 (for any reason whatsoever), relocation, change of activity\u0301, new legal form, new name, transfer of business, judicial reorganisation, probationary or definitive suspension, bankruptcy. Any change to the situation or any event referred to below entitles Up Luxembourg to terminate the Contract without notice or compensation\u0301.<\/p>\n
8. CHANGES TO SERVICES<\/h2>\n Up Luxembourg reserves the right to make any changes or improvements to the service(s) as well as, where applicable, to Up Luxembourg’s equipment, programmes and user procedures, which may be deemed useful or necessary for the durability\u0301, development, security\u0301 or protection of the payment system. The Affiliate accepts and allows that such modifications and improvements, if any, be made and carried out at Up Luxembourg’s expense, without any costs or indemnity\u0301 payable by the Affiliate. Should this result in the need to temporarily move Up Luxembourg equipment away from the operating site or temporarily close access to the Up Luxembourg Network, this will be done in full consultation with the Affiliate.<\/p>\n
9. CHANGES<\/h2>\n Up Luxembourg is authorised\u0301 to modify at any time the contractual conditions that may be justified for reasons of combating fraud, technological developments or any other regulatory context, as well as commissions and payment terms, subject to 30 days’ notice to be given to the Affiliate. In the absence of an express refusal by the Affiliate within the aforementioned 30-day period\u0301, the proposed modifications will be deemed accepted and will be binding on the parties. In the event of persistent refusal notwithstanding negotiations between the parties, Up Luxembourg may terminate the Contract, it being understood that during the period of notice to be observed for such termination the former financial conditions shall remain applicable.<\/p>\n
10. INDEXATION<\/h2>\n The Commissions will be indexed on 1st January each year (and for the first time on 1st January following signature of the Contract) on the basis of the STATEC wage cost index (national average), by applying the following formula: new amount = (initial amount x 0.2) + (0.8 x initial amount x new index (= index for the month of December preceding indexation) \/ starting index (= for the month in which the Contract was signed).<\/p>\n
11. INVOICING<\/h2>\n Commissions Up Luxembourg fees are billed monthly. The monthly invoice is issued on the fifth day of the month following the billing period and is sent to the Affiliate electronically. The Affiliate is obliged to pay the amount of the monthly invoice in the manner and by the deadline defined in the commercial conditions of the Affiliation Contract.<\/p>\n
12. LATE PAYMENT<\/h2>\n Any non-payment of an invoice\/request for payment that remains unpaid for seven days after the date of the formal notice sent to the Affiliate will automatically and without further formal notice result in the Affiliate being liable to pay the invoice\/request for payment, (i) the payment of interest on arrears from the due date of the sums owed, calculated at the rate provided for in articles 3 (1) and (2) of the amended law of 18 April 2004 on payment periods and interest on arrears, and (ii) the payment, by way of damages for late payment, of a sum equivalent to 15% of the unpaid principal amount, with a minimum of 50 EUR, will automatically and without prior notice lead to<\/p>\n
13. FRAUD<\/h2>\n The Affiliate will take all preventive measures to avoid any fraudulent activity\u0301 or use with Up Luxembourg Services, and will immediately terminate the same upon discovery. The Affiliate undertakes to\u0300 inform Up Luxembourg immediately in the event of suspected or proven fraud in relation to the means of payment concerned by the present contract, and to provide its full support and cooperation to Up Luxembourg in the event\u0300 fraudulent activity\u0301 is suspected. The Affiliate will contact the police or any competent authority\u0301 so that the usual enquiries and investigations can be carried out. The Affiliate is presumed\u0301 responsible for direct and indirect damage arising from fraudulent use of the means of payment referred to when its point of sale has been identified as having been used for\u0300 this fraudulent activity\u0301, as well as any case of malice emanating from its staff, employees, agents or subcontractors.<\/p>\n
14. RESPONSIBILITIES<\/h2>\n Up Luxembourg may under no circumstances be held liable for direct or indirect damage suffered by the Affiliate as a result of the use of equipment made available by one or more third parties. Up Luxembourg reserves the right to suspend Transaction acceptance and processing services for one or more means of payment, without prior notice or compensation\u0301, in order to guarantee the security\u0301 and integrity\u0301 of the system. Up Luxembourg may also temporarily interrupt the contract for reasons of implementation, adaptation or maintenance. Up Luxembourg undertakes to\u0300 notify the Affiliate as soon as possible and in the most appropriate manner. Up Luxembourg shall be liable for any direct or indirect damage in the event of fraud or wilful misconduct. For any other case of fault or negligence, Up Luxembourg’s liability\u0301 may only be incurred for any direct damage, to the exclusion of any indirect damage such as, in particular, the Affiliate’s loss of turnover or profits. Up Luxembourg shall incur no liability\u0301 for damage suffered after expiry of this Contract. The compensation that Up Luxembourg may be required to pay is limited to a maximum amount equivalent to\u0300 6 months of revenue obtained by Up Luxembourg from the Affiliate under the present Contract.<\/p>\n
15. INCESSIBILITY<\/h2>\n This Contract is entered into intuitu personae with the Affiliate, which may not, therefore, without Up Luxembourg’s prior consent, assign all or part of this Contract. In the event of a transfer authorised by Up Luxembourg, the Affiliate shall remain liable to Up Luxembourg for the proper performance by the transferee of the obligations arising from the present Contract for a period of 3 months from the date of acceptance of the transfer by Up Luxembourg. Up Luxembourg reserves the right to assign or subcontract to a third party all or part of its rights and obligations resulting from this Contract. Up Luxembourg shall nevertheless remain jointly and severally liable towards the Affiliate for the proper performance by the transferee of the obligations contracted under this Contract for a period of 3 months from the date of this transfer.<\/p>\n
16. FORCE MAJEURE<\/h2>\n Up Luxembourg may not be held liable for failure to comply with any obligation under the Contract if such failure results from Force Majeure, being any event or circumstance, including, but not limited to, fire, explosion, epidemic, action of the elements, war, riot, strike by the government or its agents, or any similar cause, beyond the reasonable control of the party affected by such event or circumstance. In such cases, Up Luxembourg shall take the measures reasonably necessary to limit the negative consequences for the Affiliate.<\/p>\n
17. INTELLECTUAL PROPERTY<\/h2>\n Each of the parties is and remains the owner of all its Intellectual Rights, processes and data that it implements within the framework of the Affiliation Agreement, including but not limited to copyrights, logos, trade names, elements displayed on websites, applications, etc. used within the framework of the Agreement. \nUnder no circumstances may either Party use, distribute or exploit, directly or indirectly, all or part of these elements on any medium and in any place, without the express prior authorisation of the other Party.<\/p>\n
18. MISCELLANEOUS PROVISIONS<\/h2>\n This contract is governed by Luxembourg law. If no amicable settlement can be reached, any dispute relating to the conclusion, interpretation, performance or termination of this Contract will be subject to the exclusive jurisdiction of the courts of Luxembourg. If any provision of the Contract were to\u0300 be held invalid, this would not affect the validity\u0301 of the Contract and the parties would negotiate in good faith a valid provision with equivalent or as close as possible economic effect. The parties will observe strict confidentiality\u0301 on all agreed contractual terms. The Affiliate elects domicile at the address mentioned in the Special Terms and Conditions of Affiliation.<\/p>\n","protected":false},"excerpt":{"rendered":"
Update date: 16.08.2023 1. DEFINITIONS : “Affiliate”: a restaurant owner or trader who has signed an Affiliate Agreement with the Issuer. “Beneficiary”: any natural person to whom Meal Vouchers via Up Luxembourg have been allocated in accordance with Applicable law and who carries out Transactions with an Affiliate. “Beneficiary’s Account”: contains the individual available balance […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1399","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n
General terms and conditions of membership of the Up Luxembourg network - Up Luxembourg<\/title>\n \n \n \n \n \n \n \n \n \n \n \n\t \n