Fasapay - Online Payment

Merchant Terms and Conditions

Welcome to FasaPay

By becoming a FasaPay Merchant, you are deemed to have known and agreed to be bound by the terms and conditions issued by FasaPay. If you do not agree to these terms and conditions, you are expected to stop using the service as FasaPay Merchant. FasaPay Merchant is fully responsible for the account access and password used. Violation of these Terms and Conditions is an act against the law based on applicable law and/or the governing law and regulations.

FasaPay urges FasaPay Merchant to pay attention to the following points:

. DEFINITION
1. "FasaPay" is a product engaged in the business of electronic money and fund transfer;
2. "FasaPay.com" means the domain name that used to access FasaPay Service;
3. "Service" means the services provided by FasaPay in accordance to this Terms and Conditions and the same way be updated time to time and other additional or incidental service as applicable;
4. "FasaPay Service" means electronic money and fund transfer service that allow payment between FasaPay Member;
5. "FasaPay Member" means an individual (Personal) or legal entity (Merchant) who has a valid FasaPay Account;
6. "FasaPay Account" means FasaPay User identity which is used for the purposes of FasaPay Member in accessing Service through FasaPay Website and application;
7. "Merchant Account" means an account in the name of a Merchant registered and stored in FasaPay, which is a bookkeeping record and reflect the funds stored and used to implement these Terms and Conditions;
8. "Customer" means FasaPay Member or other person who buys, or tries to purchase, goods or services from Merchant, and/or parties who make the Transaction using FasaPay with Merchant;
9. "Merchant Bank Account" means that the Merchant's bank account is alwayas kept active and has been registered with FasaPay;
10. "Merchant Information" means the information provided in the application form and any other information, documents, website, and data provided by the Merchant at the request of FasaPay, the Payment Scheme Facilitator to meet Know-Your-Customer ("KYC") requirements, for the Merchant's assessment and the Merchant's suitability to receive the Service;
11. "Merchant Account Usage Guidelines" means the document that can be found on the Merchant Account page on https://www.fasapay.com/merchant/default/index/ (or other pages or sites provided by FasaPay to the Merchant) and details of how to operate the Merchant Account including the Merchant Account security features as amended from time to time by FasaPay;
12. "API" means Applications Programming Interface;
13. "SCI" means Shopping Cart Interface;
14. "Password" means an alphanumeric password and/or biometric identifier created by the Merchant to securely access the Merchant Account;
15. "PIN (Personal Identification Number)" means a personal identification number that is confidential and only known by FasaPay Member and must be listed/entered by the Merchant when accessing the Merchant's Account. Together with FasaPay Account, password and PIN are used to prove that the member concerned is entitled to FasaPay Service on FasaPay account.
16. "Transaction Fee" means a fee charged by FasaPay to FasaPay Member for any payment transaction and/or transfer of funds (transfer) made from the Customer to the Merchant (or vice versa), as specified in the Merchant Account Article for these Terms and Conditions and as may be amended from time to time accordance with the Fee Clause point 5 (five);
17. "Confidential Information" means all confidential information, in any form (including written and/or oral), disclosed by either party to the other, including but not limited to, financial, marketing and personnel information, techniques, processes, trade secrets, know-how, design, methodology, schemes, ideas, analyses, statistics, performance information, user data, internal documentation, details of planned products and/or Services or at present, Customer or Merchant details, computer records or software, specifications, models, compositions, prototypes, samples or other information that may or may be applicable or related to anything for the business and/or affairs of the disclosing party that is marked confidential or strictly confidential. Confidential Information includes instructions for the merchant's operation, ownership information, and the content of these Terms and Conditions;
18. "Transaction" means all electronic money financial activities related to FasaPay balance conducted by FasaPay Member;
19. "Payment Transaction" means any payment from Customer to Merchant (or vice versa if the context requires) activated by the Service;
20. "Successful Transaction" means transaction made through FasaPay Service if the Customer's balance has been debited to FasaPay Merchant Account and has been credited with an amount of Transaction made by the Customer and contained in the transaction history on FasaPay Merchant Account in accordance with the Payment Data provided by the Merchant with a finish status;
21. "Payment Data" means documents, data and records in any form related to Payment Transactions (including data relating to the Customer) and any other information required under the regulations or by FasaPay for the processing of Payment Transactions;
22. "Send Funds" means electronic money transfer transactions made by FasaPay Member through transaction facility to other FasaPay Member Accounts specified at the time of making Transactions within the scope of FasaPay Service facility;
23. "Transfer Data" means the data listed on the transfer news, which contains the name, amount, news and other particulars of the sender of funds;
24. "Audit" means the inspection and/or evaluation of an organization, system, process, or product. Audit is carried out by FasaPay and/or competent, objective, and impartial parties (including the Financial Supervision Commission) or authorized bodies;
25. "Payment Scheme" means a scheme that allows the Customer to make payments in accordance with accessible services, varied in accordance with these Terms and Conditions, or added from time to time in an agreement with the Merchant;
26. "Deposit" means an amount of money that must be deposited or paid to FasaPay which will later be credited to FasaPay Member Account which will be used for transactions using FasaPay Service;
27. "Withdraw" means crediting to the Merchant's Bank from FasaPay in accordance with the predetermined schedule of the payment transaction results (and "redeem" and "settlement" will be interpreted accordingly);
28. "Intellectual Property Rights" means all contingent intellectual property rights and future plans including goodwill, reputation, rights in Confidential Information, copyrights, trademarks, logos, service marks, devices, plans, models, diagrams, specifications, source and material code objects, data and processes, design rights, patents, know-how, trade secrets, inventions, updates, database rights (in each case registered or unregistered) and any application or registration for the protection of these rights and all renewals and existences that exist in any part of the world whether now known or in the future are made;
29. "Tax" means the value-added tax imposed by the Act and its supplementary regulations including other taxes of a similar fiscal nature;
30. "Force Majeure" means an event that is beyond its control, power, and/or ability to prevent and cannot be prosecuted resulting in the termination or delay in the performance of this contract, including but not limited to natural disasters, inclement weather, floods, droughts or fires, mass strikes, labor disputes, embargoes, acts or omissions of governments, regulators or other competent authorities, banking system failure, illness, war, military operations, terrorists, civil unrest, or any disruption, failure or defect, or non-operation of computer systems, internet connections and telephone networks or other communication services, the enactment of new government regulations/policies, and events or causes beyond capacity;
31. "Third Party" means any person other than FasaPay and Merchant;
32. "Business Day" means every Business Day on which FasaPay is opened to operate and carry out Customer Service and Transactions in accordance with the company's provisions, on which banks are opened for transactions, except Sundays or national holidays stipulated by the Government;
33. "Data Protection Law" means the applicable law relating to the processing of personal data and privacy with reference to the data protection regulation of the General Data Protection Regulation (GDPR);
34. "Applicable Law" means all laws, statutory instruments, regulations, governments, regulations made by the legislature, regulators or other public authorities that are binding and in force from time to time (subject to the guidelines and regulations of any other public authority or body) applicable to a party and relevant to these Terms and Conditions, including those relating to:
  1. Remote agreements;
  2. Customer Information;
  3. Sale of goods and/or services by Merchant according to the Payment Transaction;
  4. Implementation and performance of the Merchant for his obligations under these Terms and Conditions.
35. "Payment Scheme Facilitator" means a bank registered with FasaPay and used to process topup and redeem transactions of FasaPay Member;
36. "ID Verification" means the process of matching data fields and file attachments that have been given to FasaPay. If there is a discrepancy between the attachments then the data is considered inappropriate;
37. "Regulator" means another competent authority or governing body in connection with the execution of an agreement.

. GENERAL PROVISIONS
1. Merchants must fill out the registration application form and upload the documents specified by FasaPay. FasaPay is not obliged to provide the Service in whole or in part until FasaPay receives and verifies any information, documents, and data that have been uploaded. FasaPay's obligation to provide the Service will begin if the ID Verification has been declared approved.
2. In the case that FasaPay has not received the Merchant's information, documents, and data for ID Verification requirements, the Service cannot be run and/or will end immediately with prior notice.
3. FasaPay Transaction will be considered valid if it has met the criteria as a Successful Transaction by referring to the provisions in the Terms and Conditions. If a Successful Transaction has occurred, at the same time, the Merchant is required to submit goods and/or services that have been agreed upon by the Customer who made the Transaction with the Merchant.
4. The successful Transactions made by the Merchant's Customer through FasaPay Service will be recorded and credited to FasaPay Merchant Account in real time online or at the same time when the Customer makes a Transaction.
5. In the event of communication interruption or disruption with the use of FasaPay Service when making a Transaction, which causes events including but not limited to the transaction history not contained and the Transaction canceled or refused to be continued but there is a debiting of the Customer's balance, the Merchant must report the Transaction to FasaPay to be adjusted to the record on FasaPay on the same day when the Transaction is carried out. The Parties agree that what is used as a reference for the success or failure of the Transaction carried out is the record on FasaPay because FasaPay will not provide compensation and/or liability in any form to the Merchant or any party for all risks and losses that occur and the Merchant is obliged to pay any and all bills submitted by the partner through FasaPay and FasaPay will also not provide compensation and/or liability in any form to FasaPay User or any party for all claims and/or claims and/or claims that may arise as a result of these things.
6. The Parties agree that all crediting of FasaPay Transactions is carried out in United States Dollar currency.

. RIGHTS AND OBLIGATIONS OF FASAPAY
1. FasaPay is obliged to provide Services with reasonable care and skill.
2. FasaPay is obliged to provide good Services, such as the availability of Customer service or technical services for Merchants related to the use of FasaPay Service.
3. FasaPay will provide FasaPay API and/or SCI license to be used as part of the Service in accordance with these Terms and Conditions so that the Customer allows to make payments related to the purchase of goods and/or services to the Merchant.
4. FasaPay will notify the Merchant about the availability of the latest version of FasaPay API and/or SCI. Within 180 days after FasaPay publishes the availability of the latest version of FasaPay API and/or SCI, Merchant will adopt and use the new API and/or SCI version. If a Merchant does not wish to adopt and use a new version of API and/or SCI, the Merchant may terminate its use of this service under clause 16.2 (sixteen colons).
5. FasaPay considers that the Merchant has agreed to indemnify for all claims actions, loss of demand and/or damage (including attorney's fees) made and/or incurred by Third Parties arising from and/or related to the use of the Service.
6. FasaPay is not responsible for all details of Transactions between Merchant and Customer and/or exchange of information between FasaPay Member. Therefore, FasaPay is not responsible if the Transaction or exchange of information is not in accordance with and or defective in the applicable law or if there are legal consequences of the Transaction made through FasaPay system.
7. FasaPay is not responsible for all consequences that occur during and/or after the Transaction including if there is damage to the product and/or goods and/or services, warranty, incomplete parts, decrease in the value of products and/or services, as well as obligations and legal consequences that occur due to the Transaction.
8. FasaPay shall not be liable for any claim, loss or damage including any unauthorized withdrawal from the Merchant Account to the extent caused by an error in the Merchant or by the Merchant's failure to activate any of the Merchant's Account security features, including but not limited to the Login PIN, Transaction PIN, and Secure IP.
9. FasaPay reserves the right not to be involved in legal proceedings. If there is a misunderstanding, it will be resolved gradually and processed legally (if necessary).
10. FasaPay is not responsible for any misuse of Transactions, but is not limited to money laundering, purchase of prohibited items, firearms, and terrorism financing.
11. FasaPay may transfer some or all of its rights and obligations to an entity that is directly or indirectly controlled, controlled, supervised by FasaPay, or under joint control with a Third Party that acquires all assets.
12. FasaPay has the right to be exempted from all legal claims that may arise from the use of FasaPay as a payment system.
13. FasaPay has the right to audit all Transactions that occur between the Customer and the Merchant if deemed necessary.

. MERCHANT'S RIGHTS AND OBLIGATIONS
1. Merchants will carry out their obligations under these Terms and Conditions in a competent manner, business manner, and prudence.
2. Merchant must register the Merchant's bank account with FasaPay and always maintain it in an active state for the purpose of withdrawing and depositing to FasaPay.
3. Merchants are required to ensure that the Data Transfer is in accordance with the data provided to the Customer. Hereby, the Merchant releases FasaPay from all claims/demands and/or claims from the aggrieved parties due to the Merchant's negligence.
4. Merchants are obliged to maintain the confidentiality of information including but not limited to passwords or PINs.
5. Merchant is obliged to provide computer facilities to support the acceptance of FasaPay payment system transactions host to host from FasaPay.
6. Merchants are obliged to provide Customer Service to support the Transaction process using FasaPay system to FasaPay users.
7. Merchant will immediately notify FasaPay in writing if there are any material changes to the Merchant's Information, with complete details about such changes and any supporting documentation reasonably required by FasaPay.
8. The Merchant is obliged to comply with the audit party's request within a reasonable time, with a notice period of not less than 10 (ten) Business Days in advance to obtain cooperation notification information and access to Merchant Information, Website, location, employees, records, and relevant documents that may be required by the auditing Party for the purpose of:
  1. Audit the Merchant's compliance with the provisions of these Terms and Conditions, applicable laws, and laws and regulations;
  2. The Audit Party carries out its functions and obligations based on applicable law or laws and regulations;
  3. FasaPay's ongoing risk management process and procedures.
9. The notification period referred to in paragraph 4.8 (four point eight) does not apply if:
  1. In the case of an urgent or where each auditing Party suspects fraud on the Merchant Side, for which no notice is required;
  2. Where a regulator or other authority having authority over FasaPay or a Payment Scheme Facilitator requires access or assistance with less or no notice;
  3. Required under laws and regulations that require it to be carried out.
10. FasaPay from time to time may change the specifications and/or standards for Merchant Information or Merchant criteria to be able to use the Service. Upon request from FasaPay, the Merchant will provide additional information about the business including security procedures to the extent that such information is required by FasaPay.
11. Merchants will only use FasaPay Service to process Payment Transactions in connection with goods and/or services that:
  1. Has been supplied or has been contractually approved to supply to the Customer;
  2. It has been specified in the Merchant Information and provided as part of the Merchant's business operations as stated in the Merchant Information;
  3. Sold through the website (or other) point of sale previously approved by FasaPay;
  4. Not sold on behalf of Third Parties;
  5. None and/or mentioned in the list in clause 4.12 (four-point twelve) below;
12. Merchant will ensure that it will not use the Service for Payment Transactions related to:
  1. Any goods or services that are illegal or promote or marketing that are illegal or offered in connection with illegal, indecent or pornographic content, or depict means of propaganda or unconstitutional signs of organizations glorifying war or violating human dignity;
  2. Goods or services, promotions, offers, or marketing that infringe copyright, proprietary, industrial or other Third Party rights, including with rights to a person's image, name and personal rights;
  3. Archaeological finds;
  4. Illegal drugs, narcotics, or hallucinogens;
  5. Goods subject to a trade embargo;
  6. Media that is harmful to minors and violates applicable law and, in particular, provisions with respect to the protection of minors;
  7. Human organs, protected animals, or protected plants;
  8. Weapons or explosives;
  9. Every other good or service deemed by FasaPay will:
    1. Has an adverse effect on FasaPay's image or reputation as a result of providing Services in connection with such goods and services; or
    2. Prohibited by law, regulator and/or by Payment Scheme Facilitator.
13. Merchant are prohibited:
  1. Accepting Payment Transactions for goods or services when trading under the name of any company or business other than the type of business specified in these Terms and Conditions without written approval from FasaPay;
  2. Closing and/or eliminating FasaPay Payment Transaction Service on the Merchant's website unilaterally without written notice to FasaPay and receiving approval from FasaPay in advance.
14. Merchant agrees to cooperate with FasaPay in connection with, and authorizes FasaPay to investigate any suspected illegal or fraudulent activities, including without limitation withholding any amount of funds that the Merchant has on the credit of the Customer that FasaPay checks from illegal or fraudulent activities and providing information that FasaPay needs regarding every Customer Transaction with the Merchant.
15. Merchant will ensure that FasaPay logo installed is correct as provided by FasaPay and clearly displayed on every payment page, cashier page of the website, and then FasaPay will appear as the first payment option (after debit card and credit card) on the page. For this paragraph, "Payment Page" means any page of the website where (i) information relating to payment options is displayed or (ii) where payment options may be made.
16. The Merchant must comply with its obligations in connection with the provision of goods and/or services by the Merchant to the Customer. By sending Payment Data to FasaPay, Merchant guarantees FasaPay that goods, services, services, or other related facilities will be provided in accordance with the agreement between the Merchant and the Customer concerned. In addition, the Merchant will issue an order confirmation and/or invoice to the Customer for all Payment Transactions.
17. Merchants must not store a secure numeric ID passcode (or equivalent credentials that FasaPay may provide from time to time) from any Customer.
18. The Merchant will ensure and guarantee that communications between the Merchant and the Customer are handled exclusively using a secure connection against data manipulation (for example, using SSL encodes) in accordance with industry standard protections.
19. Merchant will notify FasaPay if:
  1. Any information, including Merchant Information that has been provided to FasaPay has changed materially or is no longer accurate or materially incomplete;
  2. Merchant is no longer the owner or operator of one of the websites that has been registered with FasaPay;
  3. There are other URLs of the proposed Merchant's website other than those specified in the Terms and Conditions, which are intended to be used to process Merchant Payment Transactions. The URL or website can only be used to process payments after they have been reviewed and approved by FasaPay; or
  4. Any information, regarding the finding of suspicious Payment Transactions, beyond reasonableness and/or considered illegal carried out by the Customer with the Merchant.
20. Merchant will provide notice to FasaPay in writing regarding changes to the Merchant's bank account (including but not limited to, the location of the branch where the account was created) with a minimum of 30 Working Days before the account is executed.

. FEE
1. Transaction Fee and/or fee for Successful Transaction paid by Merchant to FasaPay for each Transaction is 0.5% (zero point five percent) and/or minimum $ 0.01 (zero point zero one United States Dollar) without maximum limit per Successful Transaction.
2. Unless otherwise stated, all Transaction Fees, bills, and other payments to be made by this Merchant are exclusive of VAT and other related taxes payable by the Merchant.
3. The Transaction Fee will be deducted automatically when the Transaction is made and declared as a Successful Transaction.
4. FasaPay has the right to change the Transaction Fee and/or introduce new fees in addition to the Transaction Fee at any time after giving notice to the Merchant no less than 30 (thirty) days before the notification is applied.
5. Unless the Merchant sends a written notice to FasaPay to terminate the Merchant Agreement at any time after receiving notification of the change in the Transaction Fee from FasaPay and before it is declared valid, the notice of termination of the Agreement will take effect immediately before the time the change in the Transaction Fee comes into effect.
6. The Merchant has the right to use the fee setting feature for Transaction Fees to be charged to the Merchant or to the Customer, which is fully regulated by the Merchant itself in accordance with the Merchant Account Operating Instructions.
7. Every redeem or withdrawal transaction made by the Merchant will be charged a bank transfer fee in accordance with what has been determined by the Payment Scheme Facilitator and will be automatically deducted from the redeem or withdrawal transaction made.
8. The limit of withdrawal transactions owned by merchants every month is $25,000. If the Merchant's withdrawal transaction exceeds the predetermined limit, the withdrawal transaction will be canceled unilaterally by FasaPay.

. MERCHANT ACCOUNT
1. The Merchant acknowledges and agrees that the Merchant Account is not an actual deposit account, but rather a bookkeeping record that reflects the funds attributable (is this attributable or distributed?) to the Merchant and separated from FasaPay's own funds and collected with funds representing the balance associated with other FasaPay Merchants in the bank account account owned by FasaPay.
2. Merchant may request to register one or more Merchant Accounts with FasaPay with different email addresses but cannot store more than one Merchant Account per website.
3. Every redeem or withdrawal transaction made by the Merchant will be scheduled and follow FasaPay regulations with sending restrictions provided by the Payment Scheme Facilitator.

. PAYMENT DATA
1. The Merchant guarantees and is responsible for the correctness and updating of the Payment Data provided by the Merchant to FasaPay in connection with the Transaction, and FasaPay has the right to verify the correctness of the contents of the Payment Data.
2. If there is an error in the payment made by the Customer due to an error in the Payment Data from the Merchant provided to FasaPay, then all risks and losses arising are the full responsibility of the Merchant unless the cause of the error can be proven due to FasaPay's negligence.
3. If there is an error made by FasaPay when crediting the Customer's Transaction to the Merchant's Account where the amount is greater than the amount that should have been paid by the Customer, then FasaPay has the right with notice not less than 3 (three) Working Days in advance and the Merchant hereby agrees to FasaPay's action to re-debit the difference in the Customer's Transaction that has been credited to the Merchant Account.

. PAYMENT DIFFERENCE
1. The difference in payment receipts that occurs due to or as a result of a discrepancy between Payment Data and/or Transfer Data and the amount of obligations that should be obtained and/or paid by the Customer will be resolved by the Merchant and the Customer.
2. If there is a discrepancy in Payment Data and/or transaction history with a Payment Transaction that takes place due to correction or error in the related Payment Data issued by the Merchant resulting in the Customer being underpaid or overpaid, then the settlement of the shortage or overpayment is the sole responsibility of the Merchant. Meanwhile, if the Payment Transaction is in accordance with the relevant Payment Data issued by the Merchant but still results in the Customer less or more in making payments, then FasaPay will pay the difference in the related Payment Transaction that should have been obtained and/or paid to the Merchant.
3. If there is an excess and/or error in recording the Customer's fund transfer transaction, correction will be made for the incorrect recording of the fund transfer transaction to the Merchant Account.
4. To be able to find out the latest information (update) on Payment Transactions used to resolve all differences in Payment Transactions, Merchants are required to reconcile using the latest information (updates) that are available on FasaPay website.

. SPECIAL DATA REQUEST
1. FasaPay will process FasaPay account transaction mutation data request submitted by FasaPay Member at a cost of $5 (five US dollars) for each transaction mutation with a period of one year.
2. FasaPay will process the bank's SWIFT copy document request submitted by FasaPay Member at a cost of $25 (twenty-five US dollars) for each document.
3. FasaPay will process the data filling request submitted by FasaPay Member for audit purposes at a cost of $25 (twenty-five US dollars) for each document.

. RECONCILIATION
1. If there is a discrepancy in Payment Data after the Transaction takes place due to corrections or errors made by the Merchant that result in the Customer being underpaid or overpaid, then the settlement of the shortage or overpayment is the sole responsibility of the Merchant.
2. The Reconciliation Process will be carried out by the Merchant using the Transaction Information that is available in FasaPay Service.
3. To find out updates on Transactions and resolve all differences in Payment Transactions, Merchants are required to reconcile with FasaPay. Reconciliation by Merchant using transaction information that has been available in FasaPay transaction mutation.

. REPRESENTATIONS AND WARRANTIES
1. The merchant represents and warrants that:
  1. At all times will comply with all applicable laws and will not receive or transfer funds, or use the Merchant Account or Services in connection with illegal, fraudulent or deceptive activities, including without limitation, for money laundering or terrorist financing;
  2. All Merchant Information provided for FasaPay by the Merchant is true, accurate and complete;
  3. Own and maintain all rights, powers, authorities, permissions, abilities, consents, licenses necessary to perform this Agreement, and to perform its obligations hereunder and towards the Customer including minors;
2. Merchant acknowledges and agrees that FasaPay does not act as a buyer or seller of goods or services purchased or sold by Merchant through FasaPay Service. Merchant agrees that any dispute regarding any goods or services purchased or sold by the Merchant through the use of the Service is between the Merchant and the Third Party who buys or sells goods or services (including the Customer), and agrees that FasaPay will not be a party to the dispute.
3. Merchants provide reasonable assistance as requested from time to time for fraud prevention and detection and will inform about any and all material changes in the nature or size of their business.
4. FasaPay and Merchant must take all reasonable steps to assist other parties in handling claims.
5. FasaPay and Merchant guarantee each other to carry out the terms and conditions in these Terms and Conditions with full responsibility and on the basis of a mutually beneficial relationship.

. COMPENSATION
1. The Merchant will indemnify and hold harmless company and FasaPay subsidiaries (including directors, officers, employees) for all requests from and against any and/or all claims, damages, causes of action, proceedings, demands, fines, losses, liabilities, liabilities, costs (including attorneys' fees calculated based on full compensation) made and/or incurred by Third Parties attributable to each action, negligence, default, delay, delay, breach of statutory obligations by or on the part of the Merchant, and the Party suffering from losses or arising out of or in connection with:
  1. Any breach by the Merchant of any material representation or warranty under these Terms and Conditions;
  2. Any violation or non-compliance by the Merchant with applicable law;
  3. Any violation, performance, and omission of these Terms and Conditions by the Merchant; or
  4. Any claim made against either Party that is disputed by a Third Party arising out of or in connection with FasaPay's performance on direct instructions from the Merchant;
2. To avoid doubt about the claims of Customer, Payment Scheme Facilitator, or other Third Parties, FasaPay has the right to settle or vice versa to deal with it at its sole discretion.
3. FasaPay will not provide compensation and/or liability in any form to the Merchant or any party for any costs, losses, liabilities, liabilities, demands, or lawsuits (including attorney's fees) from the Customer or Third Parties suffered by FasaPay as a direct or indirect result of errors or omissions made by the Merchant in carrying out its obligations in connection with the implementation of these Terms and Conditions, provided that the Merchant's liability is only limited to compensation or refund in the amount of the transaction value that is direct and indirect including indirect losses, special losses or consequential damages from FasaPay.
4. FasaPay hereby indemnifies and releases the Merchant from all costs, losses, liabilities, obligations, demands, or any claims from the Customer or from any party also suffered by the Merchant as a direct or indirect result of any mistake or negligence made by FasaPay in carrying out its obligations in connection with the implementation of these Terms and Conditions, provided that FasaPay's obligations and responsibilities are only limited to compensation or refund of direct and indirect transaction value including indirect loss, special loss or consequential damages from FasaPay.

. SECURITY INFORMATION
1. The Merchant will comply with the identification and security policies and procedures (including in the Merchant Account Operating Instructions) provided by FasaPay to the Merchant from time to time and take all relevant steps required therein to minimize the risk of fraud and all recommendations therein. FasaPay may change policies and procedures with notification to Merchant.
2. The Merchant will create a Merchant Account and Password to receive the Service. Merchants are responsible for maintaining and treating account numbers, passwords, PINs, master codes, and other credentials confidentially and storing them in a safe and secure place. Merchants also ensure that they have activated all security services including but not limited to login PINs, transaction PINs, and Secure IPs. This includes ensuring the continued safety and security of the Merchant Account login details on any computer or other device used to access the internet.
3. Merchants must enable the IP List Mode (secure IP) feature on the Merchant Account that is used to restrict the IP address used to access the Merchant Account. Merchants should consult the Merchant Account User Guide for details on the IP List Mode feature and how to enable it. The Merchant is responsible for the access and use of the Merchant Account regardless of whether such access and use is permitted by the Merchant.
4. Merchants must maintain and/or ensure that any data entry in relation to Payment Transactions and Customer personal data in its business operations is secure, in particular improper use of computers or other devices by staff or unauthorized or unauthorized persons, by providing and maintaining security devices that are in accordance with procedures, methodologies, and protocols.

. DATA PROTECTION
1. The Merchant shall comply with the Data Protection Law in processing the personal data of the Customer and any prospective Customer of the Merchant in connection with these Terms and Conditions and shall indemnify against any losses, liabilities, and costs incurred as a result of the failure to protect the data.
2. The Merchant represents and warrants that it has obtained such consent from the Customer as necessary to process the transmission, storage, or disclosure of any personal data of the Customer and deliver this Service.

. CONCEALMENT
1. FasaPay and Merchant maintain the confidentiality of Confidential Information from other Parties at the same level by protecting Confidential Information themselves and to use such Confidential Information only as permitted under these Terms and Conditions. FasaPay and Merchant agree to take all reasonable precautions to prevent unauthorized disclosure or use of Confidential Information from other parties and will only disclose such Confidential Information to its employees, consultants, agents, or contractors with the need to know and who is a party to the agreement containing confidentiality efforts substantially the same as the provisions contained in this clause.
2. FasaPay and Merchant must put in place sufficient physical and information technology security processes and systems to protect any Confidential Information in their possession. Restrictions on the use and disclosure of Confidential Information will not apply if, (i) such information has been and becomes available to the general public; (ii) independently developed by the receiving party without the use of Confidential Information and without the participation of individuals who have access to the Confidential Information as evidenced by written records; or (iii) required by applicable law to be used or disclosed.
3. Merchant will not collect or use the list of Customers or members or any other information related to FasaPay business (which includes any information contained in these Terms and Conditions) except for the purposes of these Terms and Conditions.
4. In addition to being expressly permitted under these Terms and Conditions for any reason, FasaPay and the Merchant must immediately stop using the other party's Confidential Information and will return with a request, and/or at the request of the other party to destroy or permanently delete, all copies of the Confidential Information in its possession or control, except that each party will be permitted to retain the Confidential Information for as long as required by applicable law.
5. FasaPay and the Merchant agree that if the receiving Party commits a violation, or threatens to violate the provisions of this clause, then the disclosing Party has the right to action to claim compensation and/or other actions on law or equity specifically to enforce the provisions of this clause which are stated and agreed that the violation may cause damage and/or irreparable bad image.
6. Each receiving Party shall warrant all employees, agents and consultants to keep all other Confidential Information of the Party confidential and shall take all necessary steps to ensure compliance in accordance with this Article of Confidentiality.
7. The provisions of the Confidentiality clauses point 1 (one) and point 2 (two) do not apply to prevent the disclosure of Confidential Information by the receiving Party to the extent that such disclosure must be made:
  1. The information is ordered to be disclosed in order to comply with an order of a court or other authorized governmental body under applicable laws;
  2. There is written consent from the Party that owns the Confidential Information.
8. Merchant will not make or send any announcement, communication, or circular letter regarding these Terms and Conditions except in the Merchant's marketing materials and has obtained written approval from FasaPay.
9. Nothing in this clause prevents FasaPay from:
  1. Disclosing Confidential Information obtained from Merchant to any FasaPay subsidiary, provided that FasaPay ensures that FasaPay subsidiary observes the company's confidentiality substantially as stated in this Confidentiality article;
  2. Make or send public announcements, communications, or circulars about these Terms and Conditions, and the Merchant hereby authorizes FasaPay to display the Merchant's name and logo in FasaPay marketing materials;
  3. Disclosing to the relevant authorities, Merchant Information for the purposes of criminal investigation; or
  4. Use data processing techniques, ideas, and knowledge gained during the implementation of these Terms and Conditions in the continuation of its normal business to the extent that this does not stem from the disclosure of Confidential Information belonging to any agent or broker (or similar) from the Merchant, or the violation by FasaPay of any Intellectual Property Rights.

. SUSPENSION AND TERMINATION
1. FasaPay may suspend or terminate the use of the Service in whole or in part at any time with immediate notice to the Merchant if:
  1. Merchant violates Merchant's Rights and Obligations Clause, representation, or warranty, fails to serve customers, or commits material violations of this agreement;
  2. Merchant violates regulations;
  3. The Merchant is in a state of liquidation (except for the purpose of merging or reconstruction and in such a way that the formed company agrees to be bound or bear the obligations imposed on the Merchant under these Terms and Conditions);
  4. Merchant declared bankrupt or any steps taken for liquidation, closure, under the supervision of the curator, or dissolution (or anything similar to the previous one occurred in any jurisdiction);
  5. FasaPay is required to make suspension or termination by law and/or competent authority;
  6. Merchant changes business or declares to stop doing business;
  7. The Merchant's business or activities deemed by FasaPay to damage FasaPay's reputation;
  8. Merchants do not have sufficient regulatory licenses or permits to conduct their business;
  9. Force Majeure continues for three (3) consecutive calendar months; or
  10. Based on the Merchant's Information and other information provided or obtained in accordance with the Merchant's Rights and Obligations Article, in FasaPay's reasonable opinion, the Merchant is not suitable to receive the Service;
2. Merchant may terminate the use of the Service in whole or in part by submitting a Merchant Account closure at any time through immediate notification to FasaPay and provided that:
  1. Merchant gives official notice in writing to FasaPay regarding request for Merchant Account closure and termination of service use.
  2. The Merchant provides FasaPay with proof of information or announcement intended for the Merchant's user that the Merchant will close the Transaction using FasaPay starting at least 14 (fourteen) days before the merchant account closure is carried out.
  3. Merchants can apply for merchant account closure at least 14 (fourteen) days before the account closure is carried out to avoid unpaid transactions. Within that period, the Merchant cannot accept deposits using FasaPay to the broker's account (SCI is turned off) and cannot withdraw funds (can only make transfers out).

. CONSEQUENCES OF SUSPENSION OR TERMINATION
1. Upon termination or termination of use of the Service for any reason;
  1. Merchants will:
    1. Comply with its obligations with respect to Confidential Information as stipulated in the Article of Confidentiality;
    2. Immediately stop to use the Service and FasaPay Intellectual Property Rights and delete any reference to FasaPay from the Merchant's materials and website; and immediately stop to use the Service and FasaPay Intellectual Property Rights and delete any reference to FasaPay from the Merchant's materials and website; and
    3. Subject as expressly stated and to any rights or obligations that have been exercised prior to termination, neither party shall have any further obligations to the other under these Terms and Conditions.
2. Upon termination of use of the Service,
  1. FasaPay will:
    1. Cancel a pending Payment Transaction; and
    2. Transfer the remaining balance or payment to the Merchant's registered bank account after deducting the Service Fee, transfer fee, and other amount to be issued in accordance with (and subject to) the Merchant Account and Fee Article in these Terms and Conditions.

. INTELLECTUAL PROPERTY RIGHTS
1. FasaPay or its licensees own all rights, property rights and interests, including all copyrights, trademarks, and other Intellectual Property Rights in and to the Service and all components used in its terms, including without limitation, all software, business methods, business processes, website designs, graphic, text, content, API and API instructions, SCI, trademarks, trade secrets and know-how, all documentation related to the foregoing, which is used in the provision of the Services ("Proprietary Information").
2. Except as expressly stated herein, these Terms and Conditions do not transfer any right, ownership, or interest in the Service or Proprietary Information to any Merchant or Third Party.
3. FasaPay grants a non-exclusive license to the Merchant to display the logo related to the payment scheme set by FasaPay from time to time on the Merchant's website and to provide information to the Customer on the availability of FasaPay Service.
4. Merchant agrees that will not sell, license, rent, lend, send, or distribute FasaPay Service in any way to Third Party.

. FORCE MAJEURE
FasaPay Merchant will release FasaPay from all kinds of claims of any kind and in any form, in the event that FasaPay is unable to carry out instructions from FasaPay Merchant either in part or in whole due to events or causes beyond FasaPay's power or ability, including but not limited to any interference with computer viruses or Trojan Horses or harmful components that can interfere with FasaPay services, FasaPay web browser or computer system, user, Internet Service Provider, natural disaster, war, riot, state of equipment, malfunctioning system or transmission, power interruption, telecommunication interruption, sabotage, mass strike, government policy that prohibits FasaPay from providing Services, banking system failure as well as other events or causes beyond FasaPay's control or ability.

. DISPUTE RESOLUTION
1. This Terms and Conditions shall be governed and construed in according with applicable Law.
2. Any dispute arising from the implementation of these Terms and Conditions between the Merchant and FasaPay will be resolved by deliberation and consensus. If the dispute cannot be resolved by deliberation and consensus, the Merchant and FasaPay agree to resolve it exclusively in accordance with the applicable jurisdiction according to the provisions contained in the Merchant cooperation agreement.
3. In the event of a dispute between the Merchant and the Third Party (including the Customer), then by referring to Articles 3.7 (three point seven) and 11.2 (eleven point two) in these Terms and Conditions, the Merchant and Third Parties (including the Customer) agree not to involve and claim any responsibility from FasaPay because the Merchant and Third Party (including the Customer) already know and agree that goods and/or services for which payment is made using the service FasaPay is not a good and/or service of FasaPay so that any dispute arising between the Merchant and Third Parties (including the Customer) is not FasaPay's responsibility. FasaPay will only provide assistance as a payment system service provider including but not limited to providing transaction information and communication with the parties to the dispute for the purpose of resolving disputes.

. CLOSING
By registering as FasaPay Merchant, it means that you have agreed to these terms and conditions consciously and without coercion. These terms and conditions are subject to change at any time without prior notice.

Updated 2023-11-11