Terms and Conditions

Welcome to FasaPay

By becoming FasaPay Merchant, it is then considered that you have understood and agreed to be bound by the terms and conditions issued by FasaPay. If you do not agree to the terms and conditions below, it is expected that you stop using the service as FasaPay Merchant. FasaPay Merchant shall be fully liable for the access and password used. Any violation against these terms and conditions is considered as an act against the law in accordance with the law applicable in Labuan, Malaysia or the Regulations.

FasaPay expects that FasaPay Merchant concerns carefully with the points below:

. DEFINITION
1. "FasaPay" is a product issued by Fasa Centra Solutions Ltd. engaged in the business of electronic money transfer and payment gateway;
2. "FasaPay.com" is domain name that used to use FasaPay Membership Service;
3. "Service" means services that given by FasaPay according to this Terms and Conditions and the same thing can be updated time by time and the additional service or other incidental above as applicable;
4. "FasaPay Service" is electronic money and payment gateway service that provided by Fasa Centra Solutions Ltd. or Fasa Centra Solutions Ltd.’s group company with FasaPay brand) that allows payment between Member Account and Merchant Account;
5. "FasaPay Member" is individual or legal entity that have a valid FasaPay Account;
6. "FasaPay Account" is FasaPay user identity that provided by Fasa Centra Solutions Ltd., under the provisions of FasaPay usage that used to FasaPay Member necessities in accessing the Service through FasaPay website and application;
7. "Merchant Account" is the account on behalf of Merchant’s name that registered and stored in FasaPay, that is a bookkeeping record and reflect the fund that stored and used to execute this Terms and Conditions;
8. "Customer" is FasaPay Member or somebody else that buy, or try to buy goods or services from Merchant, and/or the Party who make the transaction using FasaPay with Merchant;
9. "Merchant Bank Account" means Merchant’s bank account that must be keep active and already registered to FasaPay;
10. "Merchant Information" is information that given in Application Form and every other information, documents, website, and data that provided by Merchant upon FasaPay request, facilitator of the payment scheme to comply the requirements of Know-Your-Client ("KYC"), for merchant assessment and conformity to accept the Service.
11. "Merchant Account Usage Guide" is document that can be found in Merchant Account page in https://fasapay.com/merchant/default/index/ (or other page or sites that given by FasaPay to Merchant) and the detail how to operate Merchant Account including security feature of Merchant Account as amended from time to time by FasaPay;
12. "API" means Applications Programming Interface;
13. "SCI" means Shopping Cart Interface;
14. "Password" is alphanumeric password and/or biometric identifier created by Merchant to access Merchant Account securely;
15. "PIN (Personal Identification Number)" is personal identification number that is confidential and only known by FasaPay Member also should be included/inserted by Merchant when accessing the Merchant Account. Along with FasaPay ID, password, and PIN used to prove that the concerned member is entitled upon FasaPay Service.
16. "Transaction Fee" is fee that charged by FasaPay to FasaPay Member upon every payment transaction and/or fund transfer (transfer) made from FasaPay Customer to Merchant (or vice versa, from Merchant to Customer), as determined on Article Merchant Account of this Terms and Conditions and as amended from time to time according to Clause Fees point 4;
17. "Confidential Information" means all confidential informations, in any form (including written or oral), that is disclosed by one of the Party to other Party, including but not limited to, financial information, marketing and personnel, technical, process, trade secrets, knowledge, design, methodology, scheme, idea, analysis, statistic, performance information, user data, internal documentation, product details, and/or planned or current service, Customer or Merchant details, record or computer software, specification, model, composition, prototype, sample, or other information that can or may apply or related to anything for business affairs and/or affairs of the disclosing Party that is confidential or highly confidential. Confidential information include Merchant operating instructions, proprietary information, and content of this Terms and Conditions;
18. "Transaction" is all electronic money financial activities concerning about FasaPay balance that made by FasaPay Member;
19. "Payment Transaction" is any payment from Customer to Merchant (or vice versa if the context requires) that is activated by the Service;
20. "Successful Transaction" is transaction that made through FasaPay Transaction Service when Customer’s balance already debited and FasaPay Merchant Account already credited with the amount of transaction made by the Customer marked by loaded in history transaction on FasaPay Merchant Account according to the Payment Data provided by Merchant with finished status;
21. "Payment Data" are document, data, and record in any form related to Payment Transaction (including data that related to Customer) and every other information that required based on Regulation or by FasaPay for Payment Transaction process;
22. "Transfer Fund" means electronic money transfer transaction made by the FasaPay Member through transaction facility to other FasaPay Member Account that determined when conducting transaction within the scope of the FasaPay Service facilities;
23. "Transfer Data" means data that listed on transfer information containing name, amount, news, and other information from fund sender;
24. "Audit" is examination and/or evaluation of an organization, system, process, or product. Audit implemented by FasaPay and/or the competent Party, objective, and impartial (including Financial Surveillance Committee) or an authorities;
25. "Payment Scheme" means scheme that allows Customer to do the payment according to the Service that can be accessed, vary according to this Agreement, or added from time to time in the Terms and Conditions with Merchant;
26. "Deposit" is the amount of money that must be deposited or paid to FasaPay that will later be inserted to FasaPay Member Account that will used for transaction using FasaPay Service;
27. Withdraw means crediting to Merchant Bank from FasaPay according to the predetermined schedule of Payment Transaction result (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, copyright, trademark, logo, service brand, device, plan, model, diagrams, specifications, source and object code material, data and process, design rights, patent, knowledge, trade secrets, invention, updating, database rights (in every case registered or unregistered) and every application or registration for protection of these rights and all updates and existence that exist in any part of the world whether now known or in the future are made;
29. "Tax" means value added tax imposed by the Law and additional regulations including any other tax of similar fiscal nature applied both in Indonesia or elsewhere from time to time;
30. "Force Majeure" is an event that is beyond the control, power and/or ability of The Parties to prevent and can not be prosecuted resulting in termination or delay in implementing of this contract, including but not limited to natural disasters, bad weather, floods, droughts or fires, mass strikes, labor disputes, embargoes, acts or negligences of the Government, Regulators or other competent authorities, failure of the banking system, illness, war, military operations, terrorists, civil unrest, or any interruption, failure or disability, or no operation of system computers, internet connections and telephone networks or other communications services, the enactment of new government regulations/policies, and events or causes beyond the capabilities;
31. "Third Party" means everyone apart from FasaPay and Merchant;
32. "Working Day" means every work day where FasaPay is open and operates Customer Service and Transaction according to the company’s provisions, where the bank is open for transaction, except for Saturday, Sunday, and other official holiday that determined by government, or wherever you live;
33. "Data Protection Law" means law that applied related to the personal and privacy data processing, which includes applicable data protection law in Malaysia;
34. "Applicable Law" means all laws, statutory instruments, regulations, government, regulations that made by legislative, regulator, or other public authority that is binding and apply from time to time (with regard to guidelines and regulations from any authority or other public body) to one Party and relevant with this Terms and Conditions, including those concerned:
  1. Distance agreement;
  2. Customer information;
  3. Sale of goods and/or services by Merchant according to the Payment Transaction; and
  4. Implementation and performance of Merchant upon its obligations based on this Terms and Conditions.
35. "Payment Scheme Facilitator" is bank that registered in FasaPay and used to process deposit and withdraw transaction of FasaPay Member;
36. "ID Verification" is matching process of the data entry and the appendix file that already given to FasaPay. If there is any inconsistency between the appendices then the data is considered inappropriate;
37. "Regulator" is authority or other governement authorities regarding to the implementation of the Agreement.

. GENERAL PROVISIONS>
1. Merchant must fill out register application form and upload documents specified by FasaPay. FasaPay is not obliged to provide the Service entirely or partly until FasaPay receive and verify every information, document, and data that already uploaded. FasaPay’s obligation for providing the Service will be commenced if ID verification already declared approved.
2. In case FasaPay has not received information, document, and Merchant’s data for ID Verification requirement, then the Service cannot be executed and/or will terminate immediately with advance notification.
3. FasaPay Transaction will be considered valid if it complies with the criteria as a Successful Transaction with reference to the provisions of the Terms and Conditions. If there has been a Successful Transaction, then at the same time Merchant is obliged to hand over the goods and/or services that already agreed by the Customer that made transaction with the Merchant.
4. That successful transaction made by Merchant Customer through FasaPay facilities will be recorded and credited to FasaPay Merchant Account in online real time or at the same time as the Customer make the Transaction.
5. In case of any communication interruption or usage interruption of FasaPay Service when making transaction, causing events to occur, including but not limited to transaction history that not loaded, Transaction cancelled or rejected but Customer’s balance still be debited, then Merchant is obliged to report the Transaction to FasaPay to be adjusted with the record on FasaPay at the same day as the Transaction made. The Parties are agree that the reference that used upon successful or failure Transaction that made is the record on FasaPay, because FasaPay will not indemnify and provide any kind of responsibility to the Merchant or any Party upon all risks and losses incurred and the Merchant is obliged to pay every and all invoices filed by the Partner through FasaPay, and FasaPay also will not indemnify and/or provide any kind of responsibility to the FasaPay users or any Party upon all demands and/or lawsuit and/or claims that may arise as a result of such things.
6. The Parties are agree that all crediting upon FasaPay Transaction are be made in United States Dollar currency.

. RIGHTS AND OBLIGATIONS OF FASAPAY>
1. FasaPay is obliged to provide the Service with reasonable attention and skill.
2. FasaPay is obliged to provide good service, such as Customer Service or Technical Service for Merchant that related to the FasaPay Transaction Service usage.
3. FasaPay will give FasaPay API and/or SCI licence to be used as part of the Service in accordance to this Terms and Conditions in order to enable the Customer to make payments related to the purchase of goods and/or services to Merchant.
4. FasaPay will notify the Merchant about availability of FasaPay API and/or SCI latest version. Within 180 days after FasaPay publish the availability of FasaPay API and/or SCI latest version, the Merchant will adopt and use the latest version of API and/or SCI. If the Merchant do not want to adopt and use the latest version of API and/or SCI, the Merchant can terminate this Service usage according to Clause 16.2.
5. FasaPay assumes that the Merchant has agree to indemnify upon all claims, loss of demands and/or damages (including lawyer’s fee) that made and/or issued by the Third Party that arise from and/or related to the service usage.
6. FasaPay is not liable upon all transaction details between the Merchant and the Buyer and/or information exchange between FasaPay Member. Therefore, FasaPay is not liable if transaction nor information exchange that is not in accordance and/or legal defects in force or if there are legal consequences from the transaction that made through FasaPay system.
7. FasaPay is not liable for any consequences that occur during and/or after the transaction including in the event of damage to the products and/or goods and/or services, warranties, incomplete parts, impairment of the products and/or services, nor obligations and legal consequences that occurred due to the transaction.
8. FasaPay is not liable upon claims, losses, or any damage including ilegal withdraw from Merchant Account so far as it is caused by mistakes to the Merchant or by Merchant failure activate one of the Merchant Account security feature, including but not limited to Login PIN, Transaction PIN, and Secure IP.
9. FasaPay is entitled to not involved in legal process. If there is misunderstanding then shall be finished gradually and legally processed (if required).
10. FasaPay is not liable upon transaction misuse including but not limited to money laundering, forbidden goods purchasing, fire gun, and terrorism funding.
11. FasaPay can divert part or entire of the rights and obligations under this Agreement to entities that indirect or directly controlled, managed, and supervised by FasaPay, or under control together with the Third Party that obtain all assets.
12. FasaPay is entitled to be waived from all lawsuits that may arise upon FasaPay usage as payment system.
13. FasaPay is entitled to execute the audit towards all transactions that occur between the Customer and Merchant if deemed necessary.

. RIGHTS AND OBLIGATIONS OF MERCHANT
1. Merchant will implement its obligations based on this Terms and Conditions in a competent way, ways of business, and careful.
2. Merchant is obliged to register Merchant’s bank account to FasaPay and always keep in active state for withdraw and deposit purpose to FasaPay.
3. Merchant is obliged to ensure the transfer data already in accordance with the data that given to the Customer. With this, the Merchant waives FasaPay from all lawsuits or demands, and/or claims from the aggrieved Party due to Merchant’s negligence.
4. Merchant is obliged to keep the confidentiality of information including but not limited to password or PIN.
5. Merchant is obliged to provide computer facilities to support transaction acceptance of FasaPay Payment system on host to host from FasaPay.
6. Merchant is obliged to provide Customer Support to support transaction process using FasaPay system to FasaPay user.
7. Merchant will tell FasaPay immediately in writing if there is any material change to Merchant Information, with full details of the changes and any supported documents that reasonably required by the FasaPay.
8. Merchant is obliged to comply audit Party's request within a reasonable time, with notification period not less than 10 (ten) working days before to obtain cooperation notification information and access to Merchant Information, website, location, employees, records, and relevant document that may required by the auditor Party for the purposes:
  1. Audit Merchant's compliance towards provisions of this Terms and Conditions, applicable law, and statutory regulations;
  2. Audit's Party execute its functions and obligations based on the applicable law or statutory regulations;
  3. Processes and procedures for ongoing FasaPay risk management.
9. The period of notification as intended on Clause 4.8 is not applied if:
  1. In case of urgency or where each audit Party suspects fraud on Merchant Party, that there is no notification required;
  2. Where regulators or other authorities with authority upon FasaPay or Payment Scheme Facilitator require access or assistance with fewer notification or without notification;
  3. Required based on statutory regulations that require to execute it.
10. FasaPay from time to time can change specifications and/or standard for Merchant Information or Merchant's criteria to be able to use the Service. Upon request from FasaPay, the Merchant will give additional informations about the business including security procedures to the extent that such information is required by FasaPay.
11. Merchant will only use FasaPay Service to process Transaction Payment regarding to the goods and/or services that:
  1. Goods that already supplied or contractually agreed to supply to the Customer;
  2. That already determined in Merchant Information and given as part of the Merchant’s business operation as listed in Merchant Information;
  3. Sold through website (or other) of the place of sale that approved earlier by FasaPay;
  4. Not sold on behalf of the Third Party;
  5. There is nothing and/or mentioned in the list in Clause 4.12 below:
12. Merchant will ensure that will not use the Service to Payment Transaction that related to:
  1. Any illegal goods or services or promotions, offers, or illegal marketing or that offered regarding to illegal content, inappropriate, pornography, or describe the means of propaganda or unconstitutional signs of organization glorifying war or violating human dignity;
  2. Goods or services, promotions, offers, or marketing that violate the copyright, proprietary, industry, or other rights of the Third Party, including with the rights to a person’s reputation, name, and privacy;
  3. Archaeological finds;
  4. Illegal drugs, narcotics, or hallucinogens;
  5. Goods that imposed trade embargo;
  6. Media that is harmful to minors and violates applicable law and, especially provisions that related to the protection of minors;
  7. Human organs, protected animals, or protected plants;
  8. Weapons or explosives;
  9. Any other goods or services deemed by FasaPay will:
    1. Has an adverse effect on FasaPay image or reputation as a result of providing the Service regarding to the goods and services; or
    2. Prohibited by the Law, Regulator, and/or Payment Scheme Facilitator.
13. Merchant is prohibited to:
  1. Receive Payment Transaction of the goods or services when trading under the name of any company or business other than type of business that determined in this Terms and Conditions without written consent from FasaPay;
  2. Close and delete FasaPay Payment Transaction Service on Merchant’s website unilaterally without written notification to FasaPay and receive approval from FasaPay previously.
14. Merchant is agree to cooperate with FasaPay regarding to, and authorize to FasaPay to investigate every illegal activity or suspected fraud, including but not limited to hold any amount of funds owned by the Merchant upon Customer’s credit that checked by FasaPay from illegal activity or fraud and giving information that FasaPay need about every transaction of Customer with Merchant.
15. Merchant will ensure that FasaPay's logo that installed is right as provided by FasaPay and clearly displayed in every Payment Page, cashier page of the website, and then FasaPay will appear as first payment option (after debit and credit card) on its page. For the purpose of this paragraph, "Payment Page" means every page of the website where: (i) information that related to the payment option is displayed or (ii) where payment option can be made.
16. Merchant must obey its obligations regarding to the provision of goods and/or services by the Merchant to Customer. By sending Payment Data to FasaPay, the Merchant guarantees FasaPay that the goods, services, or other related facilities will be provided according to the agreement between concerned Merchant and Customer. Other than that, Merchant will publish order confirmation and/or invoice to Customer for all Payment Transaction.
17. Merchant is not allowed to store secure numeric ID code (or equivalent credentials that may be provided by FasaPay from time to time) from any Customer.
18. Merchant will ensure and guarantee that communication between Merchant and Customer handled exclusively using secure connection towards data manipulation (e.g. using SSL encode) in accordance with industry standard protection.
19. Merchant will notify FasaPay if:
  1. Any information, including Merchant Information that has given for FasaPay has changed materially or no longer accurate or materially incomplete;
  2. Merchant is no longer the owner or operator from one of the websites that already registered to FasaPay;
  3. There is another URL from proposed Merchant's website other than specified in the Terms and Conditions, that is intended to be used to process Merchant Payment Transaction. URL or the Website only can be used to process the payment after reviewed and agreed by FasaPay; or
  4. Any information about Payment Transaction findings that are suspicious, beyond the normal and/or considered illegal that conducted by the Customer with Merchant.
20. Merchant will give written notification to FasaPay regarding to the change of Merchant Bank Account (inlcuding without limitation, branch location where the account is made) with minimum of time is 30 Working Days before the account is executed.

. FEE
1. Transaction Fee and/or fee of Successful Transaction that paid by the Merchant to FasaPay for every Transaction is at 0.5% (zero point five percent) and/or minimal $ 0.01,- without maximum limit per successful transaction.
2. Unless determined other, all this Transaction Fee, invoice, and other payment that must be made by the Merchant is not including Value Added Tax (VAT) and other related tax that must be paid by the Merchant.
3. Transaction Fee will be deducted automatically when the Transaction has made and declared as Successful Transaction.
4. FasaPay is entitled to change Transaction Fee and/or introduce new fee as additional for Transaction Fee anytime after giving notification to Merchant not less than 30 (thirty) days before the notification is enacted.
5. Unless the Merchant send the written notification to FasaPay to terminate the Merchant Agreement anytime after receiving change notification of Transaction Fee from FasaPay and before declared valid, notification of the Agreement termination will apply immediately before the time of change of Transaction Fee is come to force.
6. Merchant is entitled to use fee setting feature upon Transaction Fee to be charged to the Merchant or the Customer, that is fully regulated and set by the Merchant itself in accordance to the Merchant Account Usage Guide.
7. Every redeem or withdraw transaction that made by the Merchant will be charged bank transfer fee in accordance with that already determined by the Payment Scheme Facilitator and will be deducted automatically from redeem or withdraw transaction that is made.
8. Withdraw transaction limit that Merchant has for each month is $75,000. If the withdraw transaction of Merchant exceed its limit then the withdraw transaction will be unilaterally canceled by FasaPay.

. MERCHANT ACCOUNT
1. Merchant admit and agree that Merchant Account is not actual deposit account but as accounting records that reflect funds that attributed to the Merchant and separated from FasaPay own funds and collected with the funds that represented balance that related with other FasaPay Merchants in bank account that owned by or on behalf of Fasa Centra Solutions Ltd.
2. Merchant can request to register one or more Merchant Account to FasaPay with different email address but cannot store more than one Merchant Account per Website.
3. Every redeem and withdraw transaction that made by the Merchant will be scheduled and follow FasaPay rules with shipping restrictions given by Payment Scheme Facilitator.

. PAYMENT DATA
1. Merchant guarantee and liable upon the truth and Payment Data updating given by the Merchant to FasaPay regarding to the Transaction and FasaPay is entitled to verify upon the truth of Payment Data's content.
2. In case of errors in payment made by the Customer due to errors on Payment Data from Merchant that given to FasaPay then all the risks and losses that incurred become Merchant's responsibility entirely except the cause of errors can be proved due to FasaPay's negligence.
3. In case of errors made by FasaPay at the time of crediting customer's transaction to the Merchant Account that is greater than the amount that should be paid by the Customer, then FasaPay is entitled with the notification not less than 3 (three) Working Days in advance and the Merchant hereby agree of FasaPay's act to debit back the difference of customer's transaction that already credited to Merchant Account.

. PAYMENT DIFFERENCE
1. The difference of payment receipt that incurred because or due to the difference between Payment Data and/or Transfer Data with the amount of liabilities that should be obtained and/or paid by the Customer will be solved by the Merchant with the Customer itself.
2. If there any difference of Payment Data and/or transaction history with payment transaction that occur due to correction or errors in related Payment Data issued by the Merchant thus resulting the Customer is less or more paying then the settlement of the payment deficiency or overpayment become Merchant’s responsibility entirely. Whereas if the Payment Transaction is in accordance with related Payment Data issued by the Merchant but still resulting the Customer having less or more payment then FasaPay will pay the difference related Payment Transaction that should be obtained and/or paid to the Merchant.
3. In case of excess and/or errors of the Customer’s fund transfer transaction recording, there will be correction upon errors of the fund transaction recording to Merchant Account.
4. To be able to find out current information upon Payment Transaction that used to settle all the difference upon Payment Transaction then the Merchant is obliged to do reconciliation using current information that already provided on FasaPay's website.

. RECONCILIATION
1. If there any difference of Payment Data after the Transaction due to a correction or errors made by the Merchant resulting the Customer is less or more paying then the settlement of the payment deficiency or overpayment become Merchant's responsibility entirely.
2. Reconciliation process will be executed by the Merchant using Transaction Information that already provided in FasaPay Service.
3. To find out updates upon Transaction and settle all the differences upon Payment Transaction then the Merchant is obliged to do reconciliation with FasaPay. Reconciliation by the Merchant using Transaction Information that already provided on FasaPay's transaction mutation.

. STATEMENTS AND WARRANTIES
1. Merchant declare and guarantee that:
  1. Will at any time obey all applicable laws and will not receive or transfer any fund, or use Merchant Account or the Service regarding to illegal activities, fraud, or deception, including but not limited for money laundering or terrorism funding;
  2. All Merchant Information that provided for FasaPay by the Merchant is valid, accurate, and complete;
  3. Own and maintain all the rights, authorities, permission, ability, approval, license that required to execute this Terms and Conditions, and to implement the obligations below and to the Customer including the minors.
2. Merchant admit and agree that FasaPay is not acting as goods or services buyer or seller that bought or sold by the Merchant through FasaPay Service. The Merchant agree that every dispute about any goods or services that bought or sold by the Merchant through Service usage is between the Merchant and Third Party that buy or sell the goods or services (including the Customer), and agree that FasaPay will not be a Party on the dispute.
3. Merchant provide reasonable help that requested from time to time for fraud prevention and detection and will inform about every and all material changes in the nature or size business.
4. FasaPay and Merchant should take all reasonable steps to assist other Party in handling claims.
5. FasaPay and Merchant guarantee one another to implement terms and conditions in this Terms and Conditions with full responsibility and on the basis of a mutually beneficial relationship.

. INDEMNITY
1. Merchant will indemnify and keeping FasaPay company and its subsidiaries (including the director, functionary, employee) upon all requests, from and towards every and/or all claims, damages, cause of action, process, demands, fines, losses, responsibilities, obligations, fee (including lawyer’s fee that is calculated based on full indemnity) that made and/or issued by the Third Party that can be atributed to every act, negligence, delay, breach of obligation under the law by or on the part of the Merchant, and the Party that suffered losses or as the result or regarding to:
  1. Any violation by the Merchant from every material or guarantee representation based on this Terms and Conditions;
  2. Every violation or disloyalty by the Merchant with the applicable law;
  3. Every violation, performance, negligence of this Terms and Conditions by the Merchant; or
  4. Every claim that made towards one of the Party that refuted by the Third Party that arise from or related to FasaPay performance on Merchant’s direct instruction.
2. To avoid any doubt towards Customer's claims, Payment Scheme Facilitator, or other Third Party then FasaPay is entitled to resolve or otherwise confront it in its sole discretion.
3. FasaPay will not indemnify and/or accountability in any form to the Merchant or any Party upon all fees, losses, responsibilities, obligations, demands, or lawsuits (including lawyer’s fee) from the Customer nor the Third Party that suffered by FasaPay as the direct nor indirect result from the errors or negligence made by the Merchant in implementing its obligations regarding to the implementation of this Terms and Conditions, with the provision that Merchant's responsibility is only limited to the indemnity or refund in the amount of the direct and indirect transaction, including indirect losses, special losses, or consequential damages of FasaPay.
4. FasaPay hereby guarantee and waive the Merchant from all fees, losses, responsibilities, obligations, demands, or any lawsuits from the Customer nor any other Party that suffered by the Merchant as direct or indirect results from the errors or negligence that made by FasaPay in implementing its obligations regarding to the implementation of this Terms and Conditions, with the provision that FasaPay’s obligations and responsibilities is only limited to the indemnity or refund in the amount of the direct and indirect transaction value, including indirect losses, special losses, or consequential damages of FasaPay.

. SECURITY INFORMATION
1. Merchant will obey the identification and security policies and procedures (including on Merchant Account Usage Guide) provided by FasaPay to the Merchant from time to time, and take all relevant steps that required in it to minimize fraud risks and all recommendations in it. FasaPay can change the policy and procedure with notification to the Merchant.
2. Merchant will make the Merchant Account and the Password to receive the Service. Merchant is liable to keep and treat account number, password, PIN, master code, and other credential secretly and store in secure and protected place. Merchant also ensure that already activate all security services including but not limited to the login PIN, transaction PIN, and secure IP. This include ensuring the ongoing safety and security of the Merchant Account login details on any computer or other device used to access the internet.
3. Merchant must activate IP List Mode (secure IP) feature on Merchant Account that must be used to restrict IP address that used to access the Merchant Account. The Merchant must consult with the Merchant Account Usage Guide for IP List Mode feature details and how to activate it. The Merchant is liable upon access and usage of the Merchant Account regardless of whether the access and usage is allowed by the Merchant.
4. Merchant must keep and/or ensure every data entry regarding to the Payment Transaction and Customer's personal data on the business operations is in secure situation, especially for improper computer or other device usage by the staff or unauthorized, impossible person, by providing and maintain security device with appropriate procedures, methodologies, and protocols.

. DATA PROTECTION
1. Merchant must obey the Data Protection Law in processing Customer's personal data and every prospective Customer from the Merchant in connection with this Terms and Conditions and will indemnify towards every loss, obligation, and fee that arise as the result of data protection failure.
2. Merchant declare and guarantee that its Party has already get its approval from the Customer as required to process, send, store, or disclose any personal data from the Customer and sending this Service.

. CONFIDENTIALITY
1. FasaPay and Merchant are agree to keep the confidentiality of the Confidential Information from other Party at the same level as protecting its own Confidential Information and to use the Confidential Information only as permitted under this Terms and Conditions. FasaPay and Merchant are agree to take all reasonable prevention acts to prevent disclose or usage of the invalid Confidential Information by other Party and only will disclose the Confidential Information to the employee, consultant, agent, or contractor with the need to know and who is the Party to the Agreement containing the confidentiality business is substantially the same as the provisions contained in this clause.
2. FasaPay and Merchant must put the process and physical technology security system and sufficient information to protect every Confidential Information that owned. Restriction of Confidential Information usage and disclosure will not apply if: (i) the information has already and become available for general public; (ii) developed independently by the receiver Party without using Confidential Information and individual participation that has access to Confidential Information, as evidenced with written record; or (iii) is obliged by the applicable law to be used or disclosed.
3. Merchant will not collect or use list of Customer or Member or any other information that related to FasaPay business (that including any information that contained in this Terms and Conditions) except for this Terms and Conditions's purpose.
4. Other than expressly authorized under this Terms and Conditions for any reason, FasaPay and Merchant must be stop using Confidential Information of other Party immediately and will restore with the request and/or upon other's request to destroy or delete permanently all copies of Confidential Information that owned or controlled, unless that each Party will allowed to store Confidential Information as required by the applicable law.
5. FasaPay and Merchant are agree that if the receiver Party commits violation or threatening to violate provisions in this clause, the discloser Party has the right for act of indemnification and/or other act of law or equity in particular to enforce the provisions of this clause, that declared and agreed that the violation can cause damages or bad reputation that cannot be fixed.
6. Each receiver Party must guarantee all employees, agents, consultant to keep secret all other Party's Confidential Information, and must take all required steps to ensure the obedience is in accordance with this Article Confidentiality.
7. Provision of Clause Confidentiality point 1 and 2 are not applicable to prevent Confidential Information disclosure by the receiver Party to the extent that the disclosure must be executed:
  1. The information is commanded to be opened to fulfill court command or other government authorities based on applicable legislation;
  2. There is written consent from the owner Party of Confidential Information.
8. Merchant will not make or send any announcement, communication, or circular letter about this Terms and Conditions unless on Merchant's marketing material and has obtain written consent from FasaPay.
9. Nothing in this clause that prevent FasaPay from:
  1. Disclosing Confidential Information obtained by the Merchant to any FasaPay subsidiaries, with provision that FasaPay ensures that FasaPay subsidiaries observe company secrecy substantially just as there is in this Article Confidentiality;
  2. Making or sending public announcement, communication, or circular letter about this Terms and Conditions and the Merchant hereby permit FasaPay to display Merchant's name and logo on FasaPay's marketing material;
  3. Disclosing Merchant Information to relevant authorities Party for criminal investigation purpose; or
  4. Using data processing technique, idea, and knowledge that obtained during implementation of this Terms and Conditions in normal business continuity as far as this does not come from Confidential Information disclosure of any agent or brokerage (or similar) of the Merchant or violation by FasaPay of any Intellectual Property Rights.

. SUSPENSION AND TERMINATION
1. FasaPay can suspend or terminate Service usage entirely or partly anytime with immediate notification to the Merchant if:
  1. Merchant violates Article Rights and Obligations of Merchant, representation, or guarantee, fail to serve customer, or violate materials in this Agreement;
  2. Merchant violates the rules;
  3. Merchant is in a state of liquidation (except for the purpose of merger or reconstruction and such a manner that the incorporated 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 that took for liquidation, closing, in curator’s supervision, or dissolution (or any similar to the previous one occured in any jurisdiction);
  5. FasaPay required to make suspension or termination by the law and/or authorized authorities;
  6. Merchant changes the business or stating to stop to do the business;
  7. Merchant's business or activities considered by FasaPay can damage FasaPay's reputation;
  8. Merchant does not have adequate regulatory license or permission to run its business;
  9. Force majeure events continued for 3 consecutive calendar months; or
  10. Based on Merchant Information and other information provided or obtained in accordance to Clause Rights and Obligations of Merchant, in FasaPay's reasonable opinion, the Merchant is not suitable to receive the Service.

. CONSEQUENCES OF THE SUSPENSION OR TERMINATION
1. Upon termination of the Service usage for any reason whatsoever;
  1. Merchant will:
    1. Obey the obligations regarding to the Confidential Information as set forth in Article Confidentiality;
    2. Stop immediately using FasaPay Service and Intellectual Property Rights and delete any references to FasaPay from Merchant's materials and website; and
    3. Obey as expressly stated and for any rights or obligations that already executed before termination, there is no Party that has further obligations to other Party under this Terms and Conditions.
2. Upon termination of Service usage;
  1. FasaPay will:
    1. Cancel the delayed Payment Transaction; and
    2. Transfer balance or remaining payment to the Merchant Bank Account that already registered after deducting service fees, transfer fees, and other amounts that must be spent according to (and subject to) Article Fees and Merchant Account in this Terms and Conditions.

. INTELLECTUAL PROPERTY RIGHTS
1. FasaPay or the license holder has all rights, property and interest rights, including all copyrights, trademarks, and other intellectual property rights, in and for the Service and all components that used in the provisions, including but not limited to all softwares, business methods, business process, website designs, graphics, texts, contents, API and API instructions, SCI, trademarks, trade secrets and knowledge, and all documentations regarding to above matters that used in Service provision ("Proprietary Information").
2. Unless explicitly determined here, this Terms and Conditions does not divert the rights, ownership, or any interests in the Service or Proprietary Information to the Merchant or any other Third Party.
3. FasaPay gives non-exclusive license to the Merchant to display the logo regarding to the payment scheme set by FasaPay from time to time in Merchant’s website and for giving information to the Customer upon FasaPay Service availability.
4. Merchant agrees that will not sell, licensing, rent, lend, send, or distribute FasaPay Service in any way to the Third Party.

. FORCE MAJEURE
FasaPay Merchant shall waives FasaPay from any claims and in any forms, in the case that FasaPay is not able to fulfil any instructions from FasaPay Merchant entirely or partly due to the beyond FasaPay capability and power, including, but not limited to any interference of computer virus or Trojan Horses or any harmful components that may interfere FasaPay services, web browser or FasaPay computer systems, Users, Internet Service Providers, natural disaster, wars, riots, state of equipment, non-functional systems or transmission, power failures, telecommunication interruptions, sabotage, mass strikes, government policies prohibiting Fasa Centra Solutions Ltd. to provide FasaPay services, the banking system failure and any events or other causes beyond FasaPay control or capability.

. DISPUTE RESOLUTION
These Terms and Conditions shall be governed and construed in accordance with the law in Labuan, Malaysia, irrespective of the conflict of laws. FasaPay Merchant agrees that any legal action or dispute that may arise from, relate to, or in any way related to the website and/or this agreement shall be resolved exclusively under the court jurisdiction in Labuan, Malaysia.

. CLOSING
By registering as FasaPay Merchant, it means that you have agreed all of these Terms and Conditions consciously and without any coercion. These Terms and Conditions can be changed without any prior notification.

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