Investor Agreement - Version as of 22/05/2026
Between :
ENERFIP SAS is a simplified joint-stock company with a capital of €169,012, registered with the Montpellier Trade and Companies Register under number 804 231 546, with its principal place of business at 6 rue de Maguelone, 34 000 Montpellier, represented by Julien Hostache, President,
hereinafter "ENERFIP"
on the one hand,
And:
"the Investor" on the other hand,
Hereinafter referred to as "the Parties" or individually as a "Party".
The following is set out and recalled beforehand,
Enerfip is a crowdfunding platform operating as a European Crowdfunding Service Provider (hereinafter “ECSP”) authorized by the French Financial Markets Authority (AMF) under number FP-20222 and as a Crowdfunding Intermediary (hereinafter “CFI”), registered with ORIAS under number 15003274.
Enerfip offers the Investor, under the terms described in this Agreement, several projects in the field of renewable energy or the energy transition (the “Project”).
The Investor wishes to subscribe to one or more Fundraising Campaigns to finance one or more Projects through a crowdfunding platform set up by Enerfip via its website.
This Agreement is entered into between the Parties for all subscriptions made by the Investor. It is supplemented, for each subscription, by documentation specific to the type of Fundraising Campaign.
The Agreement forms a contractual whole with the General Terms and Conditions of Use of the Site, accepted by the Investor.
Having said this, the following has been agreed,
Subscription Form: a document completed and signed by the Approved Investor, confirming their subscription to the Offering.
Fundraising: the collection of funds from Approved Investors during a securities offering or loan by the Issuer on the Site.
Successful Fundraising: Fundraising that has reached the Minimum Threshold set forth in the legal documentation specific to each Fundraising and for which the Issuer has signed a decision to close the offering and issue the securities.
Crowdfunding Service Provider (CSP): the status under which Enerfip operates in carrying out the activities described in this Agreement for the receipt, transmission, and placement of Securities, in accordance with Regulation (EU) 2020/1503 of the European Parliament and of the Council of October 7, 2020 on European crowdfunding service providers for entrepreneurs.
Agreement: refers to this “Investors” service agreement.
Contribution: the amount of an Investor’s subscription in connection with an Offering related to a Project.
Due Diligence: all checks, verifications, and assessments conducted by Enerfip regarding the Project prior to Enerfip’s decision to offer the Project for funding on its Site.
Failure to Raise Funds: the status of a fundraising campaign that has not reached the Minimum Threshold.
Issuer: a company issuing financial securities (the “Issuance”). The Issuer may be the company that has financed a project in the field of renewable energy or the energy transition (the Issuer is the Project Sponsor) ; or the company that has carried out a capital increase subscribed to by the Investors and that has subscribed to the Project proposed on the Site (the Issuer is the Intermediary Company).
Enerdeal: platform for the sale and purchase of Securities subscribed to on the Site, accessible via the Livret.
Governance Area: a private section of the “Governance” application, accessible to the Subscriber via the following link: gouvernance.fp-a.fr, which provides the Investor with the Issuer’s annual regulatory legal documents as well as features for convening and participating, via electronic voting, in general meetings of shareholders or bondholders.
Personal Space: a private area of the Site, accessible to the Investor or Project Owner who created the Personal Space, after logging in.
Key Investment Information Document: a document intended for Registered Investors that contains all information relating to the Project in connection with a Securities Offering, in accordance with Article 23 of Regulation (EU) 2020/1503 of the European Parliament and of the Council of October 7, 2020, on European crowdfunding service providers for entrepreneurs.
Summary Sheet: a document intended for Registered Investors that compiles all information relating to the Project(s) in connection with a Loan.
Timestamp: a mechanism by which the Crowdfunding Service Provider records and logs the investment in an electronic register by entering the subscription and its amount, along with the date and time (hour, minute, second) of validation of said subscription, with the date serving as proof under the “first come, first served” principle. The timestamp is recorded at the precise moment the investor clicks the “Sign and Invest” button, following the selection of the subscription amount and payment method (credit card, check, bank transfer, or PEA transfer).
Crowdfunding Intermediary (IFP): The status under which Enerfip operates in carrying out the activities described in this Agreement for the intermediation of interest-free loans and donations, in accordance with Article L. 548-1 of the Monetary and Financial Code, and supervised by the Prudential Supervision and Resolution Authority (ACPR).
Investor: Unless otherwise specified, refers to both Registered Investors and Approved Investors.
Approved Investor: An Investor who has completed the customer knowledge questionnaire.
Registered Investor: An Investor who has acknowledged the disclaimer and answered the questions regarding the risks inherent in the type of offers selected by the PSFP.
Investor Account: an electronic wallet or online payment account assigned to the Approved Investor upon their first Subscription and managed by the Banking Partner. This payment account may be linked to “sub-accounts” or “technical accounts” for the purpose of:
This may also be referred to as a “personal account” or a “corporate account” if, in the latter case, the Investor is subscribing on behalf of a legal entity.
Project Holder Account: an electronic wallet or online payment account assigned to the Issuer and managed by the Banking Partner. A specific subaccount or technical account is associated with this payment account for each Issue in order to segregate the cash flows related to each Issue.
Electronic money: monetary value stored in electronic form, representing a claim against the Issuer, which is issued in exchange for the transfer of funds for the purpose of payment transactions and which is accepted by a natural or legal person other than the electronic money issuer or the payment institution. This is the case for the funds credited to the Investor Account. One (1) Euro in electronic money represents the same value as a one (1) Euro coin.
Fundraising Goal: The amount set by the Issuer that it wishes to raise through the Site.
Fundraising Cap: The amount set by the Issuer corresponding to the maximum amount it wishes to raise through the Site. Subscriptions exceeding this threshold are placed on a waiting list.
Banking Partner: a legal entity that qualifies as an electronic money institution or a payment institution.
Project Promoter: a legal entity that proposes a project on the Site in the field of renewable energy or the energy transition.
Services: refers to all services provided by Enerfip to the Investor as described in this Agreement.
Loan: an interest-free loan granted by a Registered Investor under the conditions defined in Section 7 of Article L. 511-6 of the Monetary and Financial Code
Minimum Threshold: the amount set by the Project Promoter at which the Fundraising is considered a Successful Fundraising.
Website: the website accessible at www.enerfip.eu and complying with the requirements of Article 325-48 of the General Regulations of the French Financial Markets Authority (RGAMF).
Intermediary Company: an affiliate of the Project Promoter holding all equity investments made by Enerfip Investors.
Subscriber: An Approved Investor who has signed a Subscription Form to participate in a Fundraising Campaign and has validly paid the amount of their subscription for a Successful Fundraising Campaign.
Teaser: A simplified presentation of the Project and the Offering
Fundraising Deadline: the subscription deadline, on which the success or failure of the fundraising is determined. The Fundraising Deadline is reached early when the Fundraising Cap is reached.
Securities: shares and bonds as defined in Articles L.547-1 and D.547-1 of the Monetary and Financial Code.
This Agreement sets forth the mutual obligations of Enerfip and the Investor, in accordance with applicable regulations, including the French Monetary and Financial Code (hereinafter the “CMF”).
The PSFP provides a service that connects project sponsors with investors through the Website. This service involves the receipt and transmission of orders and the placement of securities.
These investment services involve the posting of a client questionnaire designed to gather the information necessary to assess the Investor’s financial situation, knowledge, and investment objectives, as well as the Investor’s ability to withstand losses and their risk tolerance. Once the investor has completed this questionnaire, they are free to choose the investment they wish to make.
Enerfip collects from Project Sponsors all the documents and information necessary to evaluate the Project.
Enerfip verifies the consistency, clarity, and balance of the information provided by the Project Sponsor.
Enerfip conducts a critical analysis of the Project based on the criteria published on its Website, including:
Following this analysis, Enerfip conducts an internal valuation of the Project and a risk assessment, resulting in an evaluation in accordance with its internal procedures.
Only Projects selected at the conclusion of this process are presented to Investors on the Website.
The decision to feature a Project on the Site is made by the Project Selection Committee.
Enerfip offers Investors a selection of several Projects on the Site.
For each Project that is the subject of a Securities Offering, Investors can access at least the following information in their Personal Account:
This information is included in a Key Information Sheet for each Project, which is available for download on the Website.
For each Project that is the subject of a Loan, the Investor can access, in their Personal Account via the Summary Sheet, at least the following information:
The Project is also presented in the form of a summary on the website (the “Teaser”).
The Investor may submit written questions about the Projects via email to [email protected], through the contact form, via the internal messaging system, or on the comments page for each Project.
Enerfip provides Investors, on its Website, with a presentation of the Offering, prepared in accordance with the terms set forth in Article L. 411-2(2) of the Monetary and Financial Code.
The presentation includes in particular:
It also includes the main financial characteristics of the upcoming Offering.
Enerfip makes available to Investors, on its Website, a presentation of the characteristics of the Loan in accordance with Article R. 548-7 of the Monetary and Financial Code.
The Offering or the Loan is also summarized in the Teaser
Enerfip shall immediately notify the Investor of any changes to the Project, any new developments, or the discovery of any error or inaccuracy in the Key Investment Information Document or the Summary Document that could have a significant impact on the subscription decision and that occurs during the Subscription Period.
Enerfip will send an email to Approved Investors who participated in the Fundraising Campaign informing them of the change and of the option to cancel their Subscription in accordance with the terms specified in the email.
After reviewing all the information regarding the Project, the Investor may choose to subscribe to an Offering or a Loan.
The minimum Contribution amount is set forth in the Terms and Conditions of the Fundraising Campaign and may not be less than ten euros (€10).
Subscription to an offering is subject to Enerfip’s approval of the customer due diligence questionnaire. This compliance procedure (more commonly known as “Know Your Customer” or “KYC”) is required by the regulator as part of the fight against terrorism and money laundering. To this end, the investor must also provide Enerfip with a valid form of identification (passport or national national ID card and equivalent depending on the country of nationality, or residence permit only) as well as a second form of identification (passport or national ID card and equivalent depending on the country of nationality, or residence permit only if these were not provided for the first form of identification, or driver’s license, birth certificate, family record book, or marriage certificate, as applicable) before their subscription is definitively validated. They may also be asked to provide proof of address (the list of accepted documents is available on the Site)
The Investor selects the Investor Savings Account (including any sub-accounts) through which they wish to make the subscription.
If the Project covered by the Subscription is subject to a geographic restriction, the Investor must provide proof that he or she actually resides in one of the specified departments.
If the Investor has not provided proof of residence at the time of Subscription, the Investor agrees to submit such proof within three (3) days of signing the Subscription Form.
Similarly, when the Project consists of several phases with specific investment criteria—such as residency in one or more designated municipalities, employment status with a company, etc.— the Subscription cannot be validated if Enerfip does not have the documents proving eligibility for the subscribed phase, provided within three (3) days of signing the Subscription Form.
It is specified that the Investor certifies that their supporting documents are up to date prior to each new Subscription.
The investor then enters the amount they wish to invest within the minimum and maximum subscription amounts provided.
By double-clicking, the Investor confirms that they have read the Key Investment Information Document.
Once all the steps outlined in sections 6.1, 6.2, 6.3, and 6.4 have been validated, the Investor reviews the electronically generated Subscription Form. The amount and terms of subscription to the Project are listed on that same page.
The Investor must then accept each provision, including, in particular:
Additional terms may be added to those listed above depending on the specific terms of each Project, which the Investor must accept, such as a “shareholders’ agreement,” “powers of attorney,” etc.
If the Investor has initiated a subscription without signing the subscription form, the subscription that has only been initiated may be canceled by Enerfip within two (2) days of the subscription’s initiation.
Due to changes in the regulations governing crowdfunding services, fundraising campaigns launched before December 23, 2022, were conducted in accordance with the legal status of a Crowdfunding Investment Advisor. The terms and conditions for subscribing to these fundraising campaigns therefore remain subject to the regulations applicable to crowdfunding investment advisors.
An Investor classified as a non-professional investor within the meaning of Regulation (EU) 2020/1503 is entitled to a cooling-off period of four (4) calendar days from the date of signing the Subscription Form, regardless of whether the Investor has paid for the subscription. Before the expiration of this period, the Investor must notify the Company of their withdrawal by email at the following address:
[email protected]
In accordance with Regulation (EU) 2020/1503, the Investor’s withdrawal within the specified period is not subject to any justification or penalty.
The Investor pays his Contribution simultaneously:
Contributions of less than two hundred euros (€200) must be paid by credit card. Contributions of more than two thousand euros (€2,000) must be paid by bank transfer.
The Subscription is validated by Enerfip only if the corresponding Contribution is credited to the Investor’s Investor Account within ten (10) business days. If the amount of the Contribution is not received within the specified time frame, the subscription may be invalidated at Enerfip’s discretion.
The funds paid by the Investor are not held by Enerfip but by the electronic money institution or the payment institution.
Notwithstanding the foregoing, the Contribution may be paid by check during investment sessions.
The contribution transferred by the Subscriber is credited to the Project Account opened by the Banking Partner in its books.
Enerfip reserves the right to block the Investor’s withdrawal of funds from the Savings Account if the total amount of withdrawals exceeds the sum of the principal repaid and the earnings received by the Investor.
If funds in the Livret are blocked, the Investor must contact Enerfip’s customer service by phone at 0411934111 or by email at [email protected] to withdraw the desired amount from their enerfip.eu Livret
Enerfip’s customer service will then conduct enhanced verification of the Investor’s identity and the capital flows proposed by the Investor to prevent any risk of fraud, money laundering, or terrorist financing.
Enerfip ensures, in accordance with its internal procedures, the receipt, centralization, and time-stamping of Subscription Forms and Loan Agreements.
It verifies the content, monitors the payment of the subscription price, and manages cases of undersubscription (Failed Fundraising) or oversubscription (Waiting List). Enerfip then establishes, if necessary and in any event before the end of the fundraising period, a waiting list, always following the “first come, first served” principle and using the same timestamping system.
Subscribers on the waiting list then have the following options:
Once all payments have been received, totaling an amount strictly between the Minimum Threshold and the Fundraising Cap, Enerfip closes the waiting list, if applicable.
Enerfip compiles the final list of subscribers and provides it to the Issuer or the Borrower.
If authorized to do so by the Issuer, Enerfip will register the Securities in the Issuer’s records.
If Enerfip has not been authorized by the Issuer, the Issuer itself is responsible for creating and maintaining the records.
Upon completion of the fundraising campaign, Enerfip will promptly notify the Subscriber of whether the campaign was successful or unsuccessful.
If the fundraising campaign is unsuccessful, the Subscriber is free to use the Contribution, which will be credited back to their Investor Account by the Banking Partner.
Enerfip provides subscribers with updates regarding the Project on the Website, particularly in the event of a significant development related to the Project.
It also sends regular newsletters and notifications regarding the Project to Investors who have expressly consented to receive them.
In general, Enerfip ensures that the interests of subscribers are not harmed.
At each payment due date, Enerfip follows up with the Project Sponsor to ensure that the payment is processed correctly. Enerfip makes available to the Subscriber, in their Personal Account, any documents provided by the Project Sponsor relating to these due dates.
At least once a year, the Issuer or Borrower provides Enerfip with key information regarding the Project’s progress and authorizes Enerfip to share all or part of this information with Subscribers who have consented to receive it.
At least once a year, the Issuer provides Enerfip with key information regarding the monitoring of the Project and authorizes Enerfip to disclose all or part of this information to Subscribers who have consented to receive it.
Prior to each general meeting of the Project Owner, and regardless of whether the subscribers’ investment was made directly or through an intermediary company, Enerfip makes available to Investors, in their Governance Dashboard, all information necessary for evaluating their investment, including the auditor’s report to the partners approving the financial statements and the information referred to in Article R. 225-83 of the Commercial Code.
Enerfip allows Subscribers to participate, via their Personal Dashboard, in an online consultation on the draft resolutions submitted to the project owner’s general meeting. The results of this consultation are available on the Governance Dashboard.
By this Agreement, the Subscribers hereby authorize ENERFIP to represent them in the exercise of their rights in the event of the initiation of insolvency proceedings (judicial protection under Articles L. 621-1 et seq. of the Commercial Code, judicial reorganization within the meaning of Articles L. 631-1 et seq. of the French Commercial Code, or judicial liquidation within the meaning of Articles L. 641-1 et seq. of the French Commercial Code) with respect to the Issuer, regardless of the Securities issued during the Fundraising.
In accordance with Law No. 78-17 of January 6, 1978, on information technology, data files, and civil liberties, as amended, known as the “Data Protection Act,” and in accordance with the European
on the protection of personal data (GDPR) No. 2016/679, and in accordance with Enerfip’s privacy policy, the investor, prior to registration, freely consents to the use of the data they provide to Enerfip.
The Investor registers on the Site by providing their last name, first name, and a valid email address.
To access the information set forth in paragraphs 2), 3), and 4) of Article III of this Agreement, the investor accepts the Site’s Terms of Use. The investor also acknowledges the risks to which they are exposed and expressly accepts them.
Before making any investment, the Registered Investor completes a questionnaire that includes identification information as well as details regarding their financial situation.
At the end of the questionnaire, the Registered Investor is prompted to enable two-factor authentication. Please note that enabling two-factor authentication is essential to ensure the security of the Investor Account and the transactions the investor intends to carry out.
If the Registered Investor opens an Investor Account for a third party (i) on whose behalf they are authorized to act (e.g., a parent for their minor child), they must provide all identification information regarding that third party and certify that they have the necessary capacity and authorization to act on the third party’s behalf; (ii) on whose behalf they are not authorized to act (e.g., a parent for their adult child), they must provide the third party’s email address, and the third party must create a Personal Account on Enerfip in accordance with the terms set forth in this Article IV.
Upon Enerfip’s validation of the questionnaire, the Investor is granted the status of Approved Investor.
Prior to any subscription, the Approved Investor also certifies that they have read the Key Investment Information Document or the Summary Document available on the Website. Enerfip will process the Investor’s Contribution only after receiving this certification.
The Approved Investor accepts this Agreement and completes a Subscription Form or a Loan Agreement in accordance with the terms set forth in Article III, 5°) of this Agreement.
The Approved Investor also agrees that, notwithstanding applicable regulations, the method of notice for general meetings of Issuers in which they hold Securities shall, by default, be via electronic means to the address provided upon registration with Enerfip. They may manually change this preference to revert to postal mail in their governance portal provided for this purpose.
The Investor agrees to provide only accurate information to Enerfip. In the event that false information is provided, Enerfip disclaims all liability regarding the suitability of the Investment made by the subscriber.
The Investor agrees to promptly provide financial documentation for the transactions carried out or any evidence justifying the source of the funds in accordance with regulations regarding the fight against money laundering and terrorist financing.
The Investor is also required to update their personal information in their Personal Account, including their identification documents and proof of address. The Investor agrees that the personal information provided to Enerfip may be shared by Enerfip with the Issuer or the Borrower, in accordance with applicable regulations regarding the proper maintenance of records.
Securities subscribed through Enerfip may not be sold by the investor until six (6) months have elapsed from the date of issuance, subject to the provisions of the specific offering documentation.
In the event of a transfer of Securities subscribed through Enerfip, the Investor agrees to notify Enerfip, the Project Promoter, and, where applicable, the Intermediary Company, of the sale and to provide them with all information necessary for maintaining the Issuer’s records (including the number of securities sold, their price, and the identity of the purchaser).
This information may be provided by any means, provided that the Investor bears the burden of proving that the formalities have been fulfilled, and within eight (8) days following the transfer of the Securities.
The transfer of ownership takes place:
The Investor acknowledges having read and accepted the risks associated with the Projects offered on the Site: risk of total or partial loss of the invested capital, risk of illiquidity (uncertainty or impossibility of reselling the acquired securities). The Investor understands that the return on investment depends on the success of the Project.
The Investor acknowledges that they are making their subscription in the absence of any banking or financial solicitation as defined in Article L. 341-1 of the CMF.
Investors have access to detailed information regarding Project Owners. All information relating to Projects, Offerings, and Project Owners, regardless of its nature and/or format, must be considered and treated as confidential (hereinafter “Confidential Information”) for as long as such information has not entered the public domain.
Consequently, Investors agree not to disclose all or part of the Confidential Information to third parties and not to use it for any purpose other than evaluating the opportunity to invest in the Projects.
Investors also agree not to disparage the Project Sponsor in any way and not to breach their contractual duty of loyalty, in particular by disseminating information on the Internet, social media, in the press, or by any other means whatsoever.
Enerfip conducts its business in compliance with the applicable legal and regulatory framework, including Regulation (EU) 2020/1503 of the European Parliament and of the Council of October 7, 2020, on European crowdfunding service providers for entrepreneurs.
In particular, Enerfip acts with integrity and fairness in the best interests of Investors, Project Owners, and Issuers or Borrowers. It conducts its business with the necessary competence, care, and diligence, and is equipped with the procedures and resources required to carry out its activities effectively.
Enerfip has the appropriate technical resources and secure archiving tools. It will retain documents related to this Agreement, as well as to the Issuance Agreement, for a period of five (5) years from the termination of this Agreement.
In accordance with Law No. 78-17 of January 6, 1978, on information technology, files, and civil liberties, as amended, known as the “Data Protection Act,” and, effective May 25, 2018, in accordance with the European General Data Protection Regulation (GDPR) No. 2016/679, the Investor is hereby informed that ENERFIP, as the data controller, processes certain personal data of any natural person concerned in connection with the performance of the service.
The use of this data, collected directly from the Investor, is strictly necessary for the performance of the services detailed in this Agreement.
This data is used at all times in accordance with applicable data protection laws and for the purposes set forth below. The sole purpose of the data collected and processed by ENERFIP is to enable ENERFIP to manage and monitor the contractual relationship and to perform this Agreement. The personal data processed by ENERFIP is intended to assess the Investor’s financial situation, knowledge, investment objectives, and ability to sustain losses, as well as their risk tolerance.
The personal data processed by ENERFIP is not transferred outside the EU.
ENERFIP implements state-of-the-art security measures to ensure the security, integrity, and confidentiality of the Investor’s personal data collected for the period necessary for its processing, in accordance with applicable law.
The Investor has the right to access, rectify, request additional information, and object, under the conditions provided for by the French Data Protection Act, by contacting ENERFIP at the following address: 6 rue de Maguelone, Montpellier (34000).
Furthermore, since May 25, 2018, the date the GDPR came into effect, the Investor has the right to data portability (if applicable), erasure, and restriction of processing.
It is specified that the Investor remains the owner of their databases and data containing personal data.
Subject to the provisions of Article VII, Enerfip shall refrain from disclosing or using, outside the scope of its duties, for its own account or for the account of others, any client information it holds by virtue of its functions, pursuant to Article 325-66-1 of the RGAMF.
Enerfip shall ensure the confidentiality of the documents, information, data, and communications provided by the Investor, regardless of the medium, for the entire duration of this Agreement and for a period of five (5) years following its termination.
This confidentiality obligation applies without prejudice to the provisions of this Agreement or to any legal exceptions.
Enerfip is bound only by an obligation of means under this Agreement.
Enerfip shall not be liable, and shall not be required to pay any compensation to the Investor, in the event of a modification or cancellation of the Project, in the event of a failure to raise funds, or in the event of any difficulty arising during the Offering or its follow-up.
To the extent permitted by law, Enerfip’s liability in the event of total or partial non-performance, or delay in performance, shall not exceed an amount equal to five hundred (500) euros for the entire duration of this Agreement.
No direct fees are charged to the Investor. However, indirect fees may be charged in the case of investment vehicles for equity investments.
Enerfip also reserves the right to charge a fee of one euro (€1) for each transfer made to the Investor Account that is less than one hundred euros (€100). Similarly, Enerfip reserves the right to charge a fee of one euro (€1) per electronically signed subscription form for amounts of two thousand five hundred euros (€2,500) or more, where the funds have not been released at the end of the fundraising campaign.
Enerfip’s compensation consists of:
In addition to structuring and distribution fees, legal fees, and costs associated with processing subscription forms and registering the Securities in the securities account and the Register, these expenses are borne by the Project Sponsor, if applicable.
Case of Special Purpose Vehicles for equity investments:
The formation fees (between €3,000 and €5,000), administrative management fees (between €3,000 and €5,000 per year) of the Special Purpose Vehicle, as well as structuring and distribution fees,
recurring monitoring and management fees, legal fees, and the costs associated with processing subscription forms and registering the Securities in the securities account and the Register are, where applicable, borne either by the Project Sponsor or by the Special Purpose Vehicle. In the latter case, since these fees impact the expected net return for Investors, the return displayed to investors will be net of fees (for equity-based projects, this displayed return remains a target return and not a guaranteed return, except in very specific cases of organized buybacks at an internal rate of return guaranteed by the Project Sponsor). Details of these fees are available to the Investor upon request to Enerfip.
In the event of a change in fee terms, such change shall take effect only for future fundraising campaigns. The Investor is duly informed of this and expressly accepts the change.
Enerfip has a Conflict of Interest Management Policy. This policy involves implementing organizational measures and procedures to identify and manage conflicts of interest that may arise in connection with the services offered by Enerfip as a Crowdfunding Service Provider, in accordance with Article 8 of Regulation (EU) 2020/ 1503 of the European Parliament and of the Council of October 7, 2020 on European crowdfunding service providers for entrepreneurs.
Furthermore, Enerfip may receive referrals of Investors from entities within the Crédit Agricole group, while Sofilaro, a subsidiary of the Caisse Régionale de Crédit Agricole Mutuel du Languedoc, is a shareholder of Enerfip. Where applicable, business referrals will be governed by an agreement and compensated. In the case of a business referral concerning an Investor, the Investor will be informed of the agreement between the Crédit Agricole Group entity and Enerfip and of the fact that compensation is provided for such a referral.
EEnerfip processes the personal data of its clients—individual investors—for the purpose of providing crowdfunding services and to comply with its legal and regulatory obligations.
To obtain Registered Investor status, the Investor freely, knowingly, and unambiguously consents to the collection of personal data concerning him or her. Proof of this consent is automatically stored in the Investor’s Personal Account.
In accordance with applicable regulations and for the proper performance of the Service, Enerfip is authorized, and the Investor consents, to transmit the personal information provided by the Investor (i) to the Issuer of the securities subscribed to by the Investor or to the Borrower, (ii) to the Banking Partner in connection with the monitoring of cash flows related to Fundraising, as well as, where applicable, in the event of liquidation management, and (iii) to certain Enerfip service providers (server manager, customer service management provider, email marketing providers).
All reciprocal rights and obligations of the parties are set forth in the privacy policy available on the Site.
This Agreement is entered into for the entire duration of the Service. Unless terminated, it shall therefore apply (i) in the event of an Offering, until the maturity date of the Securities, or (ii) in the absence of an Offering, until the end of the Fundraising Period.
Enerfip may amend this Agreement at any time.
Once the amendment has been made, Enerfip will notify Investors electronically. Investors acknowledge the amendment by means of an electronic signature.
All Investors are required to review any amendments.
Any laws or regulations that require the amendment of all or part of this Agreement will take effect as of their effective date, without prior notice.
This fixed-term Agreement may only be terminated in the event of a material breach by either Party of any obligation arising under this Agreement or Enerfip’s General Terms and Conditions of Use, rendering the continuation of the contractual relationship impossible. More broadly, in the event that such fault or negligence is of a nature to jeopardize, in particular, the relationship of loyalty and good faith between the parties and, more broadly, the existing contractual relationship.
The request for termination must be served in writing and must state the grounds therefor, with the other party having the right to respond within a maximum of ten (10) business days. The parties may agree either to terminate the contract or to continue the contractual relationship, in which case the party at fault shall be liable to compensate for the damage caused by its fault or negligence. After the ten (10) business day period, the contract shall be deemed terminated.
The PSFP’s fees, bank charges, and attorney’s fees, as provided for in Article VI of this Contract, shall remain the property of those who received them.
Pursuant to Article 1195 of the Civil Code, if, during the performance of the Contract, a change in circumstances that was unforeseeable at the time the Contract was entered into makes the performance of its obligations excessively burdensome for one party, that party may request a renegotiation of the Contract.
That party must continue to perform its obligations while the request for renegotiation of the Contract is pending.
If the renegotiation fails or is refused, the Parties may either agree to terminate the Contract or decide by mutual agreement to request the court to adapt the Contract.
If the Parties cannot agree on referring the matter to a court for a request to adapt the Contract within a reasonable time, either Party may bring the matter before a court. The court may revise the Contract, terminate it by declaring its termination, or reject the request for adaptation.
This Agreement is governed by French law, and any dispute or disagreement arising out of or in connection with this Agreement shall, in the absence of an amicable settlement, be submitted to the courts within the jurisdiction of the Montpellier Court of Appeal.
The headings of the sections contained in this Agreement are for convenience only and shall not be used to determine or affect the meaning or interpretation of the provisions of this Agreement.
The Parties agree that the provisions set forth in the Preamble and in the Annex hereto, as well as the General Terms and Conditions of Use of the Website, form an integral part of this Agreement and constitute the entire agreement between the Parties with respect to its subject matter.
This Agreement supersedes all letters, statements, commitments, and drafts prior to the execution hereof that have the same subject matter as this Agreement.
In the event that one or more provisions of this Agreement are or become illegal in any way, the validity, legality, or enforceability of the remaining provisions hereof shall not be affected or impaired in any way. The Parties agree to use their best efforts to replace any invalid or void provision with a new provision that preserves the technical and economic balance of this Agreement.
The electronic record serves as evidence between the parties. A double-click constitutes the parties' commitment.