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 this 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 this 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 online payment;
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 online payment 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 this 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 USDT Wallet Address" means that the Merchant's USDT wallet address that must be keep 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 at https://fasapay.com/merchant/ (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 Article 5. Fee and as may be amended from time to time accordance with the Clause 5.4;
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 this Terms and Conditions;
18. "Transaction" means all online payment 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. "Fund Transfer" means electronic money transfer transactions made by FasaPay Member through transaction facility to other FasaPay Member Account 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 Surveillance Committee) or authorities 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 this 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. "Withdrawal" means crediting to the Merchant USDT Wallet Address 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 this 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. "Working Day" means every work day which FasaPay is opened to operate and carry out Customer Service and Transactions in accordance with the company's provisions, except Saturday, Sunday, 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 entity) applicable to a party and relevant to these Terms and Conditions, including those relating to:
  1. Distance 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 this Terms and Conditions.
35. "Payment Scheme Facilitator" means USDT wallet address registered with FasaPay and used to process deposit and withdrawal transaction 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 other government authorities 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 online real time or at the same time when the Customer makes the 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 this things.
6. The Parties agree that all crediting of FasaPay Transactions is carried out in USDT cryptocurrency.

. RIGHTS AND OBLIGATIONS OF FASAPAY
1. FasaPay is obliged to provide Services with reasonable attention 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 this 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 calendar 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 17.2 (seventeen 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, terrorism funding, and every other illegal act that against applicable law.
11. FasaPay can divert 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 waived 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.

. RIGHTS AND OBLIGATIONS OF MERCHANT
1. Merchants will carry out their obligations under this Terms and Conditions in a competent manner, business manner, and prudence.
2. Merchant must register the Merchant's USDT Wallet Address with FasaPay and always maintain it in an active state for the purpose of withdrawal and deposit 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 waives FasaPay from all lawsuits/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 password or PIN.
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 is obliged to integrate SCI Secure Mode. If Merchant integrates using Third Party then FasaPay is not responsible for the risks that occur due to not applying SCI Secure Mode.
8. Merchants are allowed to change or update their data membership by contacting our Customer Support.
9. 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.
10. 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) Working 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 this Terms and Conditions, applicable laws and regulations;
  2. The Audit Party carries out its functions and obligations based on applicable law or regulations;
  3. FasaPay's ongoing risk management process and procedures.
11. The notification period referred to in paragraph 4.9 (four point nine) does not apply if:
  1. In the case of an urgent or where each auditing Party suspects fraud on the Merchant Party, for which no notice is required;
  2. Where a regulator or other authorities 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.
12. 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.
13. 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 4.14 (four point fourteen) below;
14. 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.
15. Merchant is prohibited to:
  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 this Terms and Conditions without written approval from FasaPay;
  2. Closing and delete FasaPay Payment Transaction Service on the Merchant's website unilaterally without written notice to FasaPay and receiving approval from FasaPay in advance.
16. 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.
17. 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.
18. 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.
19. Merchant is not allowed to store a secure numeric ID code (or equivalent credentials that FasaPay may provide from time to time) from any Customer.
20. 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.
21. 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 is another URL of the proposed Merchant's website , 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.
22. Merchant will provide notice to FasaPay in writing regarding changes to the Merchant USDT Wallet Address with a minimum of 7 (seven) Working Days before the account is executed.

. FEE
1. Merchant agrees that the applicable Transaction Fees for FasaPay services are as follows:
  1. Transfer fee inter FasaPay account and/or fee of successful transaction to be paid by the Merchant to FasaPay for each Transaction is at 1% (one percent) and/or a minimum of $0.5 without maximum limit per Successful Transaction.
  2. Merchant will be charged a deposit and withdrawal transaction fee that paid by the Merchant to FasaPay for each Transaction through USDT at the rate of 1% and/or minimum USDT 50 without maximum limit per withdrawal transaction and 0.5% (zero point five percent) and/or minimun USDT 10 (ten) without maximum limit per Deposit transaction.
2. Unless otherwise stated, all Transaction Fees, bills, and other payments to be made by this Merchant are exclusive of Value Added Tax (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. For each transaction processed using USDT, the Merchant will only receive the funds after the deduction of charges mentioned at Clause 5.1.2 above.
5. 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) calendar days before the notification is applied.
6. 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.
7. 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 Usage Guide.

. TRANSACTION
1. Merchant who makes any deposit transaction is obliged to fill in deposit form and send the funds using account number registered with FasaPay;
2. Merchant can deposit using USDT through the USDT wallet address registered in FasaPay system;
3. Merchant is obliged to include “Payment Voucher” information and reference number (example: Payment Voucher TUxxxxxxxxxxxxx) in the transfers news field for transaction identification process;
4. Merchant is requested to send the funds using full amount method;
5. FasaPay shall not be liable if any deposit transaction is not processed because:
  1. Merchant does not create prior deposit form and include the transfer news in accordance with Article 6. Transaction Clause 6.3;
  2. Transfer data which is accepted is not in accordance with deposit form made by the Merchant (deposit will be processed only if FasaPay has received confirmation from the Merchant).
6. FasaPay is entitled to request Ethereum (ETH) Blockchain Explorer file (detailed transaction information) to the Merchant for deposit processing purpose (if required);
7. Deposit will be processed on Monday - Friday 14.00 - 18.00 GMT + 8. If the Merchant’s transfer process is outside of FasaPay’s admin process service hours then the Merchant’s deposit will be processed during the admin process service hours on the next Working Day.
8. Merchant who makes any withdrawal transaction is obliged to fill in withdrawal form and withdrawal the funds according to the amount stated on the form;
9. Merchant who makes any withdrawal transaction is obliged to use USDT wallet address that is still active when filling the withdrawal form;
10. Merchant can make withdrawal using USDT through the USDT wallet address registered in FasaPay system;
11. The withdrawal limit applicable to the Merchant is USDT 25,000 per month. If the withdrawal transaction exceeds its limit, then the withdrawal transaction will be unilaterally cancelled by FasaPay;
12. FasaPay will cancel and/or not process withdrawal transaction if Member’s USDT Wallet Address is not in accordance with the filled data in the withdrawal form with USDT wallet address which has been registered in FasaPay system;
13. Withdrawal will be processed on Monday - Friday 14.00 - 16.00 GMT + 8 according to the incoming queue.
14. Each transaction made using FasaPay services (deposit, top up, transfer, redeem, withdrawal) will be verified and/or notified and will be sent to the respective Merchant’s email.

. 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 address 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.
4. If the Merchant wants to close their Account, there is an administration fee of $50 (fifty) dollars per account will be charged which will be paid using FasaPay balance to FasaPay’s account on behalf of “FasaPay Finance”.
5. Account closure will be processed by FasaPay if the Merchant has completed the required documents and has paid the administration fee for closing the account.
6. Account closure will be processed if the Merchant has completed the following documents:
  1. Merchant submits an official notification in writing to FasaPay regarding the request for closing the Merchant Account and terminating the Service usage.
  2. Merchant provides FasaPay with evidence of information or announcements intended for Merchant users that Merchant will close transactions using FasaPay at least 14 days prior to Merchant Account closing.
  3. Merchant can request for Merchant Account closing at least 14 days prior to account closing to avoid unpaid transactions. Within that time period, Merchant cannot accept deposit using FasaPay to broker account (SCI is turned off) and cannot make withdrawal (only can make outgoing transfers).
  4. Account deactivation form.
7. Merchant accounts that have had no activity for 6 (six) consecutive months will be suspended with notification from Customer Support via email, where the account can be reactivated as long as it has not passed the grace period of 30 (thirty) calendar days after the notification email is sent. If the account has not been reactivated within the grace period of 30 (thirty) calendar days, the account will be inactive permanently.
8. If within the grace period, the Merchant wants to reactivate their FasaPay account, the Merchant will be charged an account activation fee of $15 (fifteen) dollars per account which will be paid using the FasaPay balance to FasaPay's account on behalf of “Fasapay Finance”.

. EXCHANGER PARTNER
1. Every Exchanger Partner who collaborates with FasaPay must have a FasaPay Account with Merchant status and have a "Verified" status from FasaPay by fulfilling the following requirements:
  1. Accounts FasaPay with Merchant status;
  2. There is an Operational Admin system that is already in operation;
  3. There is a website that is verified by the FasaPay Technical Team;
  4. Already doing API and SCI Integration with Secure mode;
  5. Fill out the UAT (User Acceptance Testing) and PAT (Pre-Acceptance Testing) completeness forms by the FasaPay’s Technical Team;
  6. There is a minimum collateral fund of $10,000 that have been available before the Exchanger in operation;
  7. Signing Exchanger Agreement with FasaPay;
2. In order to avoid fraud, each Exchanger must be verified by FasaPay to operate, if there is an Exchanger operating before obtaining the "Verified" status from FasaPay, FasaPay based on internal considerations can freeze the illegal Exchanger account and the account cannot make any transactions. The Illegal FasaPay Exchanger account can be reused after obtaining Verified status with internal considerations from FasaPay.
3. Exchanger that Verified by FasaPay must attached the watermark below:

. 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 notification 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.

. PARTICULAR DATA REQUEST
1. FasaPay will process FasaPay account transaction mutation data request submitted by FasaPay Member at a cost of $5 (five) 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) 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) dollars for each document.
4. Payment related to data request can be made using FasaPay balance to FasaPay Company account in the name of "Fasapay Finance".

. 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.

. STATEMENTS 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 valid, 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 never make any statements or guarantees regarding the service and/or performance of the third parties, including but not limited to, guarantee for eligibility or suitability for a particular purpose;
5. FasaPay and Merchant must take all reasonable steps to assist other parties in handling claims.
6. FasaPay and Merchant guarantee each other to carry out the terms and conditions in this Terms and Conditions with full responsibility and on the basis of a mutually beneficial relationship.

. INDEMNITY
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 lawyer’s 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 this Terms and Conditions;
  2. Any violation or disloyalty by the Merchant with applicable law;
  3. Any violation, performance, and negligence of this 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 is not responsible for any member’s incidental losses or consequences arising from violation of payments or contracts, delivery errors, delivery delays, delivery that is not confirmed in accordance with the conditions, service or product usage or any other breach of contracts or obligations between them and the Member.
4. FasaPay will not indemnify compensation and/or liability in any form to the Merchant or any party for any costs, losses, liabilities, liabilities, demands, or lawsuits (including lawyer’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 this 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.
5. FasaPay hereby guarantees and waives 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 this 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. FasaPay never ask any password and/or PIN and will never give, rent, or sell credential information of Member to any third parties for any reason. FasaPay is not responsible for merchant’s losses due to password, PIN, and/or credential information abuses;
2. Merchant’s credential information stored securely in FasaPay server. FasaPay holds full responsibilities for the safety and confidentiality of this information;
3. The Merchant will comply with the identification and security policies and procedures (including in the Merchant Account Usage Guide) 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.
4. 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.
5. 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 Usage 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.
6. 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 declares and guarantees 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.

. CONFIDENTIALITY
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 this 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 this Terms and Conditions) except for the purposes of this Terms and Conditions.
4. In addition to being expressly permitted under this 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 guarantee 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 this 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 this 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 this 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 by providing notification not less than 30 (thirty) calendar days 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 provisions, applicable laws, and 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 this 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 3 (three) 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) calendar days before the merchant account closure is carried out.
  3. Merchants can apply for merchant account closure at least 14 (fourteen) calendar 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 THE 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 this 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 this 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, this 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 this 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 11.1 (eleven point one) in this 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 this terms and conditions consciously and without coercion. This terms and conditions are subject to change at any time without prior notice.

Updated 2024-09-04