THIS IS A PREVIEW OF THE MERCHANT AGREEMENT
1. The Shop hereby agrees to accept the Credit Card Payment
Gateway System AsianPay.biz provided by AsianPay Co. Ltd. to
receive online payments for its products and/or services subject
to the terms and conditions specified in this Agreement.
2. The Shop agrees to display images, signs, marks and/or
other forms of identification (hereinafter referred to as the
“Identifications”) as specified or instructed by AsianPay Co. Ltd. on the website of the Shop to represent that the Shop
accepts payments by credit cards, for its products and/or services
through AsianPay.biz service hereunder, throughout the term
of this Agreement or until AsianPay Co. Ltd. gives written
notice of cancellation of such Identifications to the Shop,
whichever comes first.
Nothing in this Agreement shall be deemed that AsianPay Co. Ltd. gives or grants any right of or in relation to trademark,
service mark, copyright or any other intellectual property
of AsianPay Co. Ltd. to the Shop. The Shop shall not modify,
reproduce, use or display the Identifications other than those
AsianPay Co. Ltd. may specify, informing the Shop on each occasion.
3. The Shop shall provide the following information in its
website clearly, so that visitors to the Shop’s website can
check such information at any time:
3.1. The name of Company or Shop.
3.2. Addresses of Company or Shop.
3.3. Telephone, facsimile numbers and e-mail addresses.
3.4. Name of products and/or services.
3.5. The appearance, quality and details of products and/or
services.
3.6. The price of products and/or services.
3.7. Delivery fee of products and/or services (if any).
3.8. Currencies used in the purchase/sale of products and/or
services.
3.9. Terms and conditions in the purchase/sale of products
and/or services.
3.10. Policies for the refund return and exchange of products
and/or services (if any).
4. The products and/or services of the Shop shall neither
be prohibited by law nor contrary to moral standards. If AsianPay Co. Ltd. discovers later that the Shop has used AsianPay.biz
Online Payment Gateway System through credit card to make payments
for products and/or services prohibited by law and/or contrary
to moral standards, AsianPay Co. Ltd. shall have the right
to withhold all payments and immediately cancel all services
under this Agreement, without prejudice to other rights which
AsianPay Co. Ltd. may have under this Agreement and/or applicable
laws.
5. The Shop's customers should be advised that they will be
requested to fully specify the following information in the
credit card acceptance form provided on the AsianPay Co. Ltd.
website.
5.1. Credit Card type
5.2. Credit Card number
5.3. CVV2 Secure code
5.4. Credit Card expiry date
5.5. Country
5.6. Issuing Bank
After the credit card holder has fully specified all information
and after the relevant bank or credit card company has approved
or disapproved the credit card payment, AsianPay Co. Ltd. will
immediately inform the credit card holder of the result of
the payment. This process is called Real Time Authorization.
Please note that for AMEX the transactions are not in real
time but will remain pending 24 hours.
6. In the event that any of the following circumstances and/or
information are found, the Shop must contact and inform AsianPay Co. Ltd. immediately of all such information, treating the
credit card holder in accordance with procedures instructed
by AsianPay Co. Ltd..
6.1. If there is any suspicion of credit card fraud or other
violation or illegality by credit card; and/or
6.2. If a person who has entered credit card details is not
the credit card owner. (Fraudulent use of the credit card for
the purchase of products and/or services)
Service Charge
7. The Shop that subscribe a PRO SERVICE shall pay SET UP
FEE of 49 USD, the Shop that subscribe a LITE SERVICE does
not have to pay a SET UP FEE. The service charges for using
the AsianPay Co. Ltd. System Service as indicated below:
7.1. A service charge for each transaction at the rate of 4%
of the total amount of payments for products and/or services
that uses VISA and MasterCard credit cards, including delivery
fee (if any).
7.2. For AMEX 4.75% will be charged.
7.3. The Shop acknowledges and agrees the service charge shall
not be inclusive of VAT, which AsianPay Co. Ltd. will charge
to the Shop at the rate specified by law at the time of the
scheduled merchant settlement.
7.4. AsianPay Co. Ltd. reserves the right to change the above
service charge rate as it deems appropriate, giving notice
to the Shop on each occasion.
Remitting Store Income
8. AsianPay Co. Ltd. shall summarize all payments of the Shop’s products and/or
services as approved under clause 5 in each month and remit the payments
after deducting the service charge as specified in Clause 7.1 or 7.2 (hereinafter
referred to as the “Returned Payment”) into the Shop’s bank account on the
10th day of the succeeding month. The Shop that applies to use AsianPay.biz
PRO will be able to require a weekly or biweekly Remitting Shop Income to
be regulated by a separated agreement. In case the payment day falls on a
day which AsianPay Co. Ltd. or banks generally are not open for business
in Chiangmai, Thailand, the Returned Payment will be remitted into the Shop’s
bank account on the next business day.
9. The transactions will be calculated and processed in USD
or THB accordingly to the Shop's choice.
10. Notwithstanding the provision of Clause 8, the Shop acknowledges
that if AsianPay Co. Ltd. is suspicious regarding the use and/or
validity of the credit card or for any other reason, AsianPay Co. Ltd. reserves the right to withhold the Returned Payment
made by the suspicious credit card.
11. The Shop acknowledges and understands that the Online
Payment Gateway System through the credit card is operated
by the relevant bank or credit card companies, and therefore
payment, deduction, and the charging back in relation thereto
shall be subject to the rules and regulations of the relevant
bank or credit card companies.
The Shop further acknowledges and understands that items purchased
through the credit card previously approved by the relevant
bank or credit card companies, may later be found to be suspicious,
irregular, dishonest or fraudulent, causing the credit card
holder to refuse payment.
If a bank or credit card company deducts or charges back a
payment for any reason whatsoever, the Shop must pay the amount
equivalent to the Returned Payment, that has been refused,
deducted or charged back and a cancellation fee equal to the
amount charged from the related bank (these charges depends
solely on the related banks) for each transaction to AsianPay Co. Ltd. within 7 days from the date that AsianPay Co. Ltd.
informs the Shop of this event.
If the Shop fails to make the payments on time as mentioned
in the preceding paragraph, AsianPay Co. Ltd. shall have the
right to withhold the Returned Payment and to furthermore charge
the Shop interest on the outstanding amount owed to AsianPay Co. Ltd. at the rate of 15 percent per year from the defaulting
date.
Termination
12. In case either party wishes to terminate this Agreement,
one party shall give written notice to the other party at least
60 days in advance.
13. If the Shop breaches any terms and conditions of this
Agreement, AsianPay Co. Ltd. shall have the right to terminate
this Agreement and the Credit Card Payment Gateway System Service
according to this Agreement and to claim any compensations
or damages from the Shop immediately without giving prior notice
to the Shop.
14. If the Shop conducts itself or any of its operations regarding
the purchasing and sales of their products and/or services
through AsianPay.biz Credit Card Payment Gateway System Service
according to this Agreement that AsianPay Co. Ltd. discovers
or foresees that may cause damage to AsianPay Co. Ltd., AsianPay Co. Ltd. shall have the right to terminate this Agreement and
to claim any compensation or damages from the Shop immediately
without giving prior notice to the Shop.
15. If the Shop is declared insolvent or bankrupt or make
an assignment or other arrangement of its assets for the benefit
of its creditors, or any of its material assets is expropriated,
AsianPay Co. Ltd. shall have the right to terminate this Agreement
and AsianPay.biz Credit Card Payment Gateway System Service
according to this Agreement and to claim any compensation or
damages from the Shop immediately without giving prior notice
to the Shop.
16. If this Agreement is terminated for any reason whatsoever,
AsianPay Co. Ltd. shall have the right to withhold all the
Returned Payment of the Shop that is still in the AsianPay Co. Ltd. account for at least 90 days from the termination
date of this Agreement. This is to avoid damages that may arise
from bank and/or credit card company charge back caused by
the refusal of payment from the credit card holder.
17. The Shop acknowledges and agrees that the termination
of this Agreement, for any reason, will not release the Shop
from its obligations that have not been fully fulfilled under
this Agreement, until the Shop has fulfilled such obligations
completely.
Assignment
18. The Shop shall not assign, sell, transfer, delegate or
otherwise dispose of, whether voluntarily or involuntarily,
any right and/or obligation under this Agreement without
the written consent of AsianPay Co. Ltd. Any purported assignment,
transfer or delegation in violation hereof, shall be null
and void.
Confidentiality
19. The Shop shall maintain in confidence all confidential
information identified as such received from the AsianPay Co. Ltd., whether of a commercial or technical nature. The Shop
shall use such confidential information only as expressly contemplated
by this Agreement and shall not disclose any such confidential
information to a third party or make any unauthorized use thereof.
The Shop shall treat such confidential information with the
same degree of care against disclosure or unauthorized use
which it affords to its own confidential information of a similar
nature or a reasonable degree of care, whichever is greater.
If AsianPay Co. Ltd. confidential information is disclosed
by any fault or negligence of the Shop that causing any damages,
AsianPay Co. Ltd. shall have the right to claim any compensation
or damages from the Shop immediately without giving prior notice
to the Shop.
Claim
20. In case of third party claim, action or demand, made
or brought against AsianPay Co. Ltd., regarding the Credit
Card Payment Gateway System Service according to this Agreement,
the Shop agrees to render all reasonable assistance to AsianPay Co. Ltd. and shall give all useful information or document
for the purpose of defending any claim, action or demand, made
or brought against AsianPay Co. Ltd..
The Shop shall be responsible for all expenses and damages
arising from claim, action or demand, made or brought against
AsianPay Co. Ltd. as mentioned in the preceding paragraph.
Intellectual property
21. The Shop accepts that the operating system via the Internet Network and
all related programs that are created by AsianPay Co. Ltd. are the legal
copyright by law of AsianPay Co. Ltd. exclusively. Any attempt from the Shop
or other person to copy, modify, edit, use or publicize without written permission
from AsianPay Co. Ltd., will be deemed a copyright violation by AsianPay Co. Ltd..
General Terms and Conditions
22. The Shop shall archive and back up all information occurring
from the purchase/sale of products and/or services for at least
12 months from the actual date of the purchase/sale of the
particular of products and/or services. In the event that the
credit card holder or AsianPay Co. Ltd.is in doubt or would
like to check such information, AsianPay Co. Ltd. may request
the Shop to submit these information to the AsianPay Co. Ltd.
at any time throughout the mentioned period. In case that AsianPay
Co td is unable to collect the amount due to the Shop does
not submit the requested information, AsianPay Co. Ltd. shall
have the right to withhold the Returned Payment and to charge
the Shop interest on the uncollected amount to AsianPay Co. Ltd. at the rate of 15 percent per year from the defaulting
date.
23. AsianPay Co. Ltd. has the right to disclose the information
regarding the Shop to any person related to any operations
under this agreement as necessary and appropriate, without
informing or asking for the consent of the Shop. Under this
circumstance the Shop agrees not to claim any compensation
or damages from AsianPay Co. Ltd.. It shall be deemed that
such consent shall have continuing effect, even though this
Agreement is terminated or revoked.
24. Nothing in this Agreement shall be deemed that the Shop
itself is an agency, representative, employee or partner of
AsianPay Co. Ltd.. The Shop shall not have any authority to
create any obligations on behalf of AsianPay Co. Ltd. in any
respect.
25. Under this Agreement, the Shop shall not add, amend, and/or
modify whether partially or wholly, the Credit Card Payment
Gateway System Service of AsianPay Co. Ltd., without the written
consent of AsianPay Co. Ltd..
26. Any delay or forbearance by AsianPay Co. Ltd. in the exercising
of its rights under the law or in this Agreement shall not
constitute a waiver or consent, of AsianPay Co. Ltd. for a
breach of this Agreement by the Shop.
27. This Agreement shall be governed by and construed under
the laws of the Kingdom of Thailand.
28. The Stop certifies that all the Shop information given
to AsianPay Co. Ltd. is true in all respects and agrees to
strictly comply with this Agreement.
Refund Conditions
AsianPay.biz merchants can make a request for refund and/or
canceling orders on their own administrative system by entering
the Refund/Cancel orders menu.
AsianPay Co. Ltd. need to have the refund conditions as indicated
below:
29. Payments that AsianPay Co. Ltd. have already transferred
to the Shop bank account, can not be refunded. If the Shop
would like to refund such payments have to contact the customer
directly.
30. The refund and canceling orders that process within 7
days since that payment was made, AsianPay Co. Ltd. do not
charge any cancellation fee. The refund and cancel order that
process over than 7 days since that payment was made. AsianPay Co. Ltd. will charge cancellation fee (these charges depends
solely on the related banks) per transaction.
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