Terms and Coditions
Payment Gateway Service (Faspay Business)
Last Update: 14/08/2023 (Version 3.2)
The Payment Gateway Service (Faspay Business) Terms and Conditions stated below (“Terms and Conditions”) regulate the use of payment system services in the form of payment gateway services or Payment Initiation and/or Acquiring Services (PIAS) including but not limited to Faspay Business provided by PT Media Indonusa.
In the Terms and Conditions stated below, the use of the word "Media" refers to PT Media Indonusa. While the use of the word "Merchant" in the Terms and Conditions below refers to any party that uses Faspay Business service by Media and has a legal relationship with Media based on the Faspay Service Usage Agreement ("Faspay Registration Form").
Media and Merchant are collectively referred to as the “Parties” and each is referred to as a “Party”.
By signing the Faspay Registration Form, Merchant is deemed to have read, understood, comprehend and agreed to the entire contents of Terms and Conditions as set out below (including any changes thereto that may be made by Media from time to time) which is an integral and inseparable part of Faspay Registration Form.
In this Terms and Conditions, unless the context otherwise requires, the following words and expressions have the following meanings:
- "Application Programming Interface" or hereinafter referred to as "API" is a set of protocols and instructions, including technical documents other than related to source code and executable applications and other materials owned by Media.
- "Service Fee" has the meaning stipulated in Article 5 paragraph (1) of this Terms and Conditions.
- “Credential” is a electronic information device in the form of a unique identification code used by Merchant in accessing the PIAS Service system.
- “Personal Data” is any data that identifies or can be used to identify, contact, or track an individual, alone or in combination with other information, directly or indirectly.
- "Technical Document" are documents that are an integral and inseparable part of this Terms and Conditions, which regulates specifications and technical parameters related to the implementation of this Terms and Conditions which can be accessed via the following link: https://docs.faspay.co.id (along with the changes published by Media from time to time).
- “Faspay” is the trademark name for the facilities and services owned and developed by Media in connection with its business activities and any changes thereto from time to time.
- "Force Majeure" has the meaning stipulated in Article 14 paragraph (1) of this Terms and Conditions.
- “Fraud” is a Security Incident in the form of fraud or fraudulent acts resulting in loss to a Party and/or User caused by an action that is categorized as Act of
- “Business Day” are days other than Saturday, Sunday, and national holidays as determined by the government of the Republic of Indonesia.
- "IPR" has the meaning stipulated in Article 18 paragraph (1) of this Terms and Conditions.
- "Confidential Information" has the meaning stipulated in Article 10 paragraph (1) of this Terms and Conditions.
- "Security Incidents" are unwanted events that has the probability to affect, disrupt, harm or threaten security, or the continuity of cooperation, the Parties and/or User.
- “Government Institution” means any government agency, whether central, regional, provincial, city, sub-district or quasi-government agencies, including every ministry, department, commission, bureau, administrative, judicial or other agency or regulatory body or other instrument in Indonesia.
- "Data Leakage" is a Security Incident that results in damage, loss, alteration, disclosure, and unauthorized access to data and information included in the definition of Confidential Information.
- "System Failure" is a Security Incident that results in damage, disruption, or negative impact on a Party's system, and/or integration and communication that is built from a connection between Media’s system and Merchant’s
- “Operational Terms” has the meaning stipulated in Article 17 paragraph (1) of this Terms and Conditions.
- "CDD" or "Customer Due Diligence" is an inspection and due diligence activity that must be carried out by Media as the principle of implementing Anti-Money Laundering and Prevention of the Financing of Terrorism (APU-PPT) in accordance to Prevailing Regulation to ensure that relevant information is obtained regarding background, identity, legality documents, business activities and matters that need to be known regarding the Merchant including but not limited to, identifying, verifying for the benefit of know your customer (KYC) and know your business (KYB), and understanding the intent and purpose of cooperation before providing PIAS Services.
- "PIAS Service" are payment services in the form of payment gateway services or Payment Initiation and/or Acquiring Services (PIAS) including but not limited to Faspay Business service which in their provision to make use of Open API Payment which meets the SNAP criteria and required by Merchant in order to connect Merchant with Payment Channel Provider for forwarding payment Transactions electronically, so that Merchant can receive Transactions made by User.
- “Settlement Report” is a report containing data on the transfer of Transaction funds that shall be submitted by Media to Merchant.
- “Successful Transaction Report” is a report containing a data recapitulation of successful Transactions that shall be submitted by Media to Merchant.
- “Aggregator Method” is a method of reconciliation, transfer of funds, settlement of Transactions between Payment Channel Providers and Merchant using Media as an intermediary. Payment Channel Providers using the Aggregator Method as stated in the Operational Terms.
- “Non-Aggregator Method (Direct)” is a method of reconciliation, transfer of funds and settlement of Transactions which are directly carried out between Payment Channel Provider and Merchant. Payment Channel Providers using the Non-Aggregator Method (Direct) as stated in the Operational Terms.
- "Transaction Nominal" is the value of the transaction initiated by User on the Merchant application for the purposes of the Transaction.
- “Open Payment API” is an API that is used openly for integration between the system of Media and Merchant whose connection access is granted based on this Terms and Conditions for the purpose of carrying out Transaction processing.
- “Tax” means current or future tax, levy or contribution of any nature levied in relation to income, enterprise, revenue or gross income, services, licenses, finances, withholding, payroll, employment, severance, profit, profit, share, capital or duty, franchise, property, property, environment, stamp duty, excise, employment, sale, use, transfer, value added, minimum, estimate, or other tax or social contribution of any nature (including fees, statutory determinations, or other fees or charges of a tax nature or in lieu of taxes) imposed by Government Institution, and any sanctions of interest and penalties related to the foregoing.
- "Reactivation" is the reactivation of Merchant access to PIAS Service and processing of Transactions by Media including the re-granting of licenses for the Open API Payment in accordance with the provisions of these Terms and Conditions.
- “Temporary Suspension” is a temporary suspension by Media of Merchant’s access to PIAS Service and Transaction processing, including temporary suspension or revocation of Merchant's use of Open API Payments.
- "Permanent Suspension" is a permanent suspension by the Media of providing PIAS Services to Merchants which has an impact on terminating the cooperation of the Parties.
- "User" means any party who make a payments through the PIAS Service on the Merchant platform for the purchase of goods and/or services.
- "Act of Abuse" is the implementation of Transaction or receipt of Transaction, actions related to Open API Payment, or any action that: (a) violates Prevailing Regulations including fraud, embezzlement, money laundering, and/or terrorism funding; (b) violate the terms and conditions in this Terms and Conditions; (c) carried out in bad faith to gain personal gain, such as among other things the implementation of fictitious/false Transactions; and/or (d) cause harm or have the potential to cause material or immaterial losses to Media and/or User, because it is done in bad faith for purposes such as tricking Media's Transaction processing system.
- "Payment Channel Provider" is a payment system business entity that can provide various choices of payment methods/channels, and has cooperated with Media, and has been selected by Merchant as the acquiring for the purposes of carrying out Transactions. Payment Channel Providers include but are not limited to banks, e-wallet providers, e-money providers, retail payment points, and/or other payment service providers. List of Payment Channel Providers as selected by Merchant as stated in the Faspay Registration Form.
- “Prevailing Regulations” means any legislation, statutes, codes, laws, regulations, rules, ordinances, orders, decrees, decisions, stipulations, verdicts, ruling, or guidelines issued or created by any Government Institution.
- "Representative" has the meaning stipulated in Article 10 paragraph (4) of this Terms and Conditions.
- “Receiving Party” means the party receiving Confidential Information from the Disclosing Party.
- “Disclosing Party” means the party disclosing Confidential Information to the Receiving Party.
- “Open Payment API National Standard” is a national standard for Open API Payment stipulated by Bank Indonesia.
- “Transaction” is any process of payment for goods and/or services made by User to Merchant by utilizing the choice of payment method/channel provided by Payment Channel Provider and shall be further processed using PIAS Service.
- “Suspicious Transactions” are suspicious financial transactions as referred to in the Prevailing Regulations which regulate the prevention and eradication of money laundering crimes and the Prevailing Regulations which regulate the prevention and eradication of terrorism financing crimes.
- "Event of Default" has the meaning stipulated in Article 20 paragraph (1) of this Terms and Conditions.
- Merchant hereby agrees to appoint Media as the provider of PIAS Service, and Media hereby agrees to carry out the provision of providing PIAS Service.
- The Transaction flow scheme in providing PIAS Service for each Payment Channel Provider as referred to in this Terms and Conditions shall be mentioned separately in the Operational Terms which are an integral and inseparable part of this Terms and Conditions.
- The Parties agree that in carrying out cooperation based on this Terms and Conditions, the provision of PIAS Service by Media to Merchant is carried out by utilizing the Open Payment API that meets the SNAP criteria. Thus the Parties are obliged to comply with the Prevailing Regulations regarding SNAP.
- The rights and obligations of Media in addition to the rights and obligations that have been stated in other articles in this Terms and Conditions are as follows:
- Media is entitled to receive Service Fee in accordance with the provisions as stipulated in this Terms and Conditions.
- Media is entitled to request copies of Merchant's documents and/or information including but not limited to Merchant's personal data directors and/or commissioners, legality documents and licensing documents (“Merchant Documents”) and obtain Merchant approval for the purposes of CDD (Customer Due Diligence) and on going due diligence by conducting data and documents kept up-to-date from time to time according to Prevailing Regulations, and Media is entitled to obtain Merchant's permission and approval to submit Merchant Documents to the Payment Channel Provider for further purpose examination, storage, and processing by the Payment Channel Provider in the context of providing PIAS Service based on this Terms and Conditions and for the purpose of investigation in the event of an indication or occurrence of a Security Incident or Suspicious Transaction in the latter days. Media is entitled to receive notification and update of data and legal documents from Merchant if there are changes to the data and documents. In the event that Merchant does not notify or provide updates on the data to Media, then the data and company legal documents that have been submitted by Merchant to Media shall be considered up-to-date data and documents.
- Media is entitled to obtain User identification and verification data from Merchant if necessary. In connection with this obligation, Media is entitled to receive guarantees and assurances from Merchant that it has obtained all the necessary approvals from User to provide the data, information and/or identification documents to Media, so that the use of the data, information, and/or documents by Media would not violate any statutory regulations.
- Media is entitled to request Merchant to provide proof of User approval to Merchant in the context of processing Transactions.
- Media is entitled to delay or not process Transactions, cancel Transactions, restrict access and/or terminate PIAS Service, either temporarily or permanently in the event that there are Transactions identified as fraudulent, suspicious, problematic, deemed against, or violating Prevailing Regulations, being blocked by a Government Institution, or in the process of investigation by a Government Institution.
- Media is entitled to use and post Merchant's logo, trademark symbol and company name for promotional and marketing purposes on any publication media or promotional material to indicate that Merchant is using Media's PIAS Service.
- Media is entitled to obtain written information from Merchant immediately in the event of a Security Incident, such as a System Failure, data protection failure due to Data Leakage, Fraud and Suspicious Transactions.
- Media shall provide PIAS Service to Merchant so that Merchant can use it as well as possible in accordance with the Operational Terms imposed by Media.
- Media shall to complete Transactions in accordance with the schedule and procedures determined by each Payment Channel Provider as stipulated in the Operational Terms.
- Media shall to ensure that Media's operational system functions properly so that PIAS Service provided by Media can be carried out properly including but not limited to keeping and maintaining the facilities, infrastructure, devices, applications, and Media's systems and devices used for the provision of PIAS
- Media shall implement SNAP on Open API Payment in accordance with Prevailing
- If requested by a Government Institution, Media shall forward data and/information related to PIAS Service submitted by Merchant to the Government Institution in accordance with the procedures and mechanisms determined by the Government Institution.
- Media shall handle and resolve complaints submitted by Merchant in accordance with this Terms and Conditions and/or complaint handling procedures that refer to Bank Indonesia regulations regarding Consumer Protection and other laws and regulations.
- Media shall provide the latest data in connection with the provision of providing PIAS Service to Merchant including but not limited to Successful Transaction Report and Settlement Report in accordance with the time limit specified in this Terms and Conditions to Merchant.
- Media shall provide technical and operational support to Merchant including but not limited to parameter data and technical specifications to be able to integrate Media's PIAS Service system with Merchant's system, as well as assistance and solutions for transactions experiencing network issues.
- Media shall provide information to Merchant in writing containing information and the completion period if there is an update, development, and/or maintenance of the system that may impact the implementation of PIAS Service, at least 2 (two) Business Day prior to the implementation of the update, development, and/or or maintenance of the system.
- The rights and obligations of Merchant in addition to the rights and obligations stated in other articles in this Terms and Conditions are as follows:
- Merchant is entitled to obtain PIAS Service from Media in accordance with the provisions of this Terms and Conditions to be used by Merchant as well as possible.
- Merchant is entitled to obtain technical and operational support from Media including but not limited to parameter data and technical specifications to be able to integrate Media's PIAS Service system with Merchant's system, as well as assistance and solutions for transactions experiencing network issues.
- Merchant is entitled to cancel the Transaction in accordance with the agreement and mechanism determined by Media.
- Merchant is entitled to obtain correct, accurate and up-to-date data from Media regarding PIAS Service including but not limited to Successful Transaction Reports and Settlement Reports according to the time limit specified in this Terms and Conditions to the Merchant.
- Merchant shall implement SNAP on PIAS Service provided and organized by Media in accordance with Prevailing
- Merchant shall inform User that Merchant can accept Transactio using the payment method/channel along with the terms and conditions of Payment Channel Provider selected by Merchant based on this Terms and Conditions.
- Merchant shall provide payment transaction instructions to Media only through the Application Program Interface (API) or the merchant-Faspay dashboard that has been provided by Media whose documents, specifications, and technical parameters can be accessed at the following link: https://docs.faspay.co.id/.
- Merchant shall guarantee and ensure that Transaction shall only be carried out on Merchant's platform that has been registered to use PIAS Service according to certain types of payment methods/channels from Payment Channel Provider that has been selected by Merchant based on Faspay Registration Form.
- Merchant shall pay Service Fee in accordance with the provisions stipulated in this Terms and Conditions.
- Merchant shall submit all copies of the documents or information required by Media for the execution of this Terms and Conditions including but not limited to personal data directors and/or commissioners and legality and licensing documents belonging to Merchant, and obtain Merchant approval for the purpose of fulfilling the KYC (Know Your Customer) and on going due diligence by conducting data and documents kept up-to-date from time to time according to Prevailing Regulations, and Merchant authorizes and gives approval to Media for the submission of Merchant Documents to Payment Channel Provider for further purpose examination, storage, and processing by the Payment Channel Provider in the context of providing PIAS Service based on this Terms and Conditions and for the purpose of investigation in the event of an indication or occurrence of a Security Incident or Suspicious Transaction in the latter days. Merchant shall notify and provide updates of data and legal documents to Media if there are changes to these data and documents. In the event that Merchant does not notify or provide updates to the said data and documents to Media, then the data and company legal documents that have been submitted by Merchant to Media shall be considered as up-to-date data and documents.
- Merchant shall allow Media to use and include Merchant's logo, trademark symbol and company name for promotional and marketing purposes in any publication media or promotional material to indicate that Merchant is using Media's PIAS Service.
- Merchant shall be responsible for any mistakes in the payment Transaction instructions that Merchant do and Merchant cannot claim compensation for the loss of funds resulting from a mistake in the payment Transaction instructions.
- Merchant shall ensure that the use of PIAS Service by Merchant as referred to in this Terms and Conditions shall not conflict with Prevailing Regulations and in the event that there are Suspicious Transactions, problematic transactions, deemed to be against, or violating Prevailing Regulations such as fraud, money laundering, terrorism financing, and/or other forms of Act of Abuse, Merchant shall cooperate with Media, relevant Government Institution, and law enforcement officials (including but not limited to providing the necessary data, information, documents, and/or information).
- Merchant shall reconcile according to the time limit specified in this Terms and Conditions and send the reconciliation results to Media.
- Merchant shall maintain and perform maintenance on Merchant's facilities, infrastructure, devices, applications, systems and/or devices used to use PIAS Service so that it does not harm or damage the system or operation of Media's systems and devices.
- Merchant shall identify and verify User when Merchant wants to carry out payment transaction instructions through Media and Merchant shall submit the identification and verification data to Media if necessary. In connection with this obligation, Merchant shall guarantee and ensure that it has obtained all necessary approvals from the party to provide the data, information and/or identification documents to Media, so that the use of the data, information, and/or documents by Media shall not violate any regulations.
- Merchant shall comply with and properly comply with prevailing laws and regulations, including, but not limited to laws concerning anti-money laundering and counter-terrorism financing (AML - CFT), and shall not cooperate with fraudsters or fraud perpetrators either which is newly suspected or has been proven;
- Merchant shall store User data in accordance with Prevailing Regulations and the precautionary principle.
- Merchant shall delete the User's data at the request of User while taking into account the Prevailing
- Merchant shall use the data provided by Media only for the benefit of User.
- Merchant shall implement technical and security standards, data standards and technical specifications specified in the Prevailing Regulations regarding SNAP.
- Merchant shall immediately notify Media in writing if there is a Data Leakage.
- Merchant shall first obtain User approval before the Transaction is processed and forwarded to Media, and provide the User's approval to Media.
- Merchant shall notify Media if there is a change in the User's consent.
- Merchant shall release and hold harmless Media along with its shareholders, commissioners, directors, all employees and/or affiliated parties of Media from lawsuits, liability for any losses, expense claims, damages, liabilities, or costs arising from the breach of Merchant's obligations as referred to in paragraph (2) letters (p) and (q) of this Article and any violation of the provisions of Prevailing Regulations by Merchant.
- Merchant shall submit proof of Transaction to User;
- Merchant shall provide a means to handle User complaints and resolve User complaints regarding Merchant services to User.
- Merchant shall not transfer, re-provide, and/or resell PIAS Service and the types of payment methods/channels used without prior written approval from Media.
- The Parties agree that the limitation of the liability of Media with respect to the obligations referred to in paragraph (1) of this Article, is limited to a single fault and/or negligence committed by Media. Media is not responsible for any violations, errors and/or omissions or the inclusion of violations, errors and/or omissions made by Merchant, Payment Channel Provider and/or other third parties.
- In order to carry out the scope of cooperation in accordance with the provisions of Article 2 of this Terms and Conditions, the Parties agree to use Open API Payment in accordance with the provisions, standards, documents, specifications and Prevailing Regulations related to SNAP issued by Bank Indonesia or other institutions authorized by Bank Indonesia.
- Before the use of Open API Payment can be executed, Merchant agrees to follow the registration procedure and onboarding procedure as follows:
- Meets due diligence criteria (Customer Due Diligence) as regulated and determined by Media.
- Meets terms of use of Open API Payment defined and specified by Media.
- Fulfill and carry out functionality testing based on test scenarios set by Media.
- Fulfill and carry out other requirements and/or procedures as determined by Media (if there is any).
- Media cannot be held responsible in any form for the consequences arising from the use of the Open API Payment by Merchant which is carried out inappropriately or violates the Prevailing Regulations, provisions, requirements and/or other procedures required by Media (if there is any).
- If the registration procedure and onboarding procedure as referred to in Article 4 paragraph (2) of this Terms and Conditions have been successfully carried out in accordance with the provisions regulated and determined by Media, then the Parties shall carry out integration between systems through communication between Open API Payment with API of Merchant for the provision of PIAS Service.
- If there is a system failure or there are criteria that are not met in the trial implementation, then Merchant shall do his best to immediately repair or make adjustments so that the criteria are met and the trials can be
- The Parties agree to sign a written minute (minutes) which is an integral part of this Terms and Conditions for the successful implementation of the onboarding procedure, trials and other related procedures (if there is any).
- Merchant shall integrate the API used into SNAP in accordance with Prevailing Regulations regarding SNAP issued by Bank Indonesia.
- The implementation of cooperation between the Parties requires connectivity between the systems of Media and Merchant so that the two systems can communicate with each other for the execution of cooperation. Each Party is fully responsible for any consequences arising from damage, Data Leakage or access, and/or any errors or disturbances that occur in their respective systems that affect the implementation of cooperation, including those that result in data manipulation and/or manipulation of data transmission authorization, and/or other anomalous events.
- Merchant as the Party who use PIAS Service by utilizing the Open API Payment is fully responsible:
- for all data forwarding carried out in the context of receiving Transactions from the systems, platforms and/or applications of Merchant to Media, can be carried out accurately, safely and without interruption, in accordance with the purpose of transmitting these data;
- to Media for the security and confidentiality of the Open API Payment used in the implementation of cooperation;
- to ensure that the systems, platforms and/or applications of Merchant have the capacity, capability, security and reliability to be used in the implementation of cooperation as stipulated in this Terms and Conditions.
- Obliged to maintain confidential information and system security, store and keep maintain confidential of Credential an Open API Payment provided by Media to Merchant, including but not limited to username and passwords, and security features (public key) from all Act of Abuse
- Merchant keep responsible for the confidentiality of information and system security as stipulated in paragraph 9 letter (d) on this Article either when the Merchant is actively using the PIAS Service or is no longer active using the PIAS Service and/or after the end of the cooperation relationship between the Parties.
- Limitations on Use of Open API Payment. Without prior written approval from Media, Merchant are prohibited from:
- Using the Open API Payment provided by Media and parts thereof for purposes other than the purpose and scope of cooperation as referred to in this Terms and Conditions; and/or
- Changing, modifying, copying, sub-licensing and/or disclosing the Open API Payment provided by Media or parts thereof.
- Changes, replacements, and updates to the Open API Payment:
- Media is entitled to make changes, replacements and updates to the Open API Payment provided based on this Terms and Conditions to Merchant based on the Media's considerations and policies or in the event of changes to Prevailing Regulations related to SNAP which requires Media to make changes, replacements, and/or renewal to Open API Payment.
- In the event of a change, replacement and/or renewal due to the reasons referred to in letter a above, Media shall notify Merchant prior and Merchant shall make adjustments to its API, including making adjustments to its API in accordance with the requirements and the provisions of Prevailing Regulations regarding SNAP.
- If the collaboration of the Parties based on this Terms and Conditions ends, then within a period of 30 (thirty) calendar days from the date the cooperative relationship ends, Merchant shall stop using Open API Payment for any purpose and shall return the Open API Payment, delete, and destroy data, information, documents, or copies related to the Open API Payment and its use that is stored by Merchant or third parties who work with Merchant.
- In connection with the implementation of PIAS Service, Merchant shall be charged a fee for each successful Transaction, where the fee includes Transaction fees to Media and/or Payment Channel Providers (“Service Fee”). Merchant shall pay the Service Fee. The provisions for the amount of Service Fee are as determined and agreed upon by the Parties in the Faspay Registration Form, while the procedure for deducting Service Fee shall be carried out with the flow as specified in the Operational Terms.
- The calculation of the amount of Service Fee shall be based on the amount and Transaction Nominal listed on the recorded Transaction data on Media, where the data shall be obtained based on the Transaction data sent by the Payment Channel Provider system.
- Media is entitled to make changes to the amount of Service Fee as referred to in paragraph (1) of this Article, with a written notification (or via email) 1 (one) Business Day in advance to Merchant, where the written notification is an integral part and inseparable from this Terms and Conditions.
- Except as expressly provided otherwise in this Terms and Conditions, the Parties hereby declare that they shall bear and pay the Taxes that shall be paid by each of these Parties based on Prevailing Regulations in the field of taxation in connection with the execution of this Terms and Conditions.
- Acceptance and Cancellation of Transaction Processing Instructions:
- All instructions, information, requests and/or data received from the Merchant’s system, including instructions or Transaction requests from the Merchant’s system, platform and/or application are received by Media as is. So that Media cannot be held responsible for the accuracy and correctness of the contents of instructions, information, requests. and/or the data.
- Merchant warrants that all instructions, information, requests and/or data submitted to Media in the context of exercising rights and/or obligations based on this Terms and Conditions, are valid, accurate and up-to-date including Personal Data relating to User.
- Cancellation of Transaction instructions by Merchant can only be done if:
- Transaction status on Media has not been paid by User; or
- The provisions of Payment Channel Provider allows such cancellation of Transaction.
- The process of transferring funds, settlement, and reconciliation of Transactions is carried out using the Aggregator Method or the Non-Aggregator Method (Direct) with the following conditions:
- Aggregator Method
- Media shall inform Merchant of Successful Transaction Report every following Business Day after the date of execution of the Transaction (H+1) no later than 08.30 WIB. Transaction reconciliation process that is processed using the Aggregator Method can be carried out by Merchant using Successful Transaction Report.
- Merchant shall reconcile on a daily basis to Successful Transaction Report that has been informed by Media and Merchant shall send the confirmation back to Media no later than 00 WIB on the same day Merchant receives Successful Transaction Report from Media. If Merchant does not provide confirmation to Media at the specified time, then Merchant is deemed to have agreed with the Successful Transaction Report that has been informed by Media. Provisions for the delivery of Successful Transaction Report and confirmation of the reconciliation results are regulated and implemented in accordance with the flow as stated in the Operational Terms.
- Upon the Successful Transaction Report that has been informed by Media, Media shall then inform Merchant of the Settlement Report every Business Day at 15.00 WIB the latest. Provisions on the implementation of the transfer of funds and settlement of Transactions are regulated and implemented in accordance with the flow as stated in the Operational Terms.
- In the event that there is a discrepancy in Transaction data between the Settlement Report informed by Media and Merchant's transaction report, Merchant may submit a claim to Media for the discrepancy or dispute in the Transaction data no later than 3 (three) Business Day from the date of delivery of the Settlement Report. from Media. If Media does not receive a claim from Merchant no later than 3 (three) Business Day, then Merchant is deemed to have agreed with the Settlement Report that has been informed by Media.
- The submission of claims/complaints on the disputed Transactions to Media as referred to in roman (iv) this paragraph shall be made by Merchant via Media's customer care email as stated in Article 12 of this Terms and Conditions.
- Non-Aggregator Method (Direct)
- The process of transferring funds, transaction settlement, and reconciliation for PIAS Service using the Non-Aggregator Method (Direct) is regulated and carried out in accordance with the flow as stated in the Operational Terms.
- Aggregator Method
- As an effort to resolve the discrepancy or dispute of transaction data, the Parties shall conduct an investigation from the date of submission of the claim/complaint by Merchant. In the event that the investigation involves Payment Channel Provider, the investigation period follows the period of each Payment Channel Provider.
- Monitoring: Media is entitled to regulate periodic monitoring that shall be carried out by the Parties on all activities using the Open API Payment. Monitoring is necessary to ensure that the cooperative relationship between Media and Merchant goes according to the applicable terms, agreements, procedures, including identifying & anticipating the occurrence of Security Incidents and Suspicious Transactions.
- Reporting of the Parties: In the event that there is an indication or occurrence of a Security Incidents or Suspicious Transactions, the Party that finds the indication or incident is obliged to report it to the other Party regarding the said Security Incidents or Suspicious Transactions, and coordinate with each other to handle and follow up on the indication or incident immediately after the indications or events are known.
- Investigation: In the event that there are indications or occurrences of Security Incidents or Suspicious Transactions, the Parties agree to coordinate and cooperate to carry out investigations. The investigation is carried out by the Parties with, at least:
- identifying the parties involved or play a role in indications or events;
- requesting information from the incident reporter to obtain details or chronology of the Data Leakage incident, if the indication or event is a Data Leakage;
- collecting and identifying data related to indications or events, including collecting facts that occurred;
- conducting an assessment of the impact of the incident;
- determining the severity of the incident; and
- determining the source and cause of the incident based on the level of severity.
- Investigation Period:
- Fraud/Act of Abuse or Suspicious Transactions: 30 (thirty) calendar days since one of the Parties finds an
- Data Leakage or System Failure: 14 (fourteen) calendar days since either Party finds an indication.
- Media is entitled to extend the investigation period as referred to in points (i) and (ii) above, if necessary.
- Enforcement or Handling: In connection with the implementation of Enforcement or Handling of Security Incidents and/or Suspicious Transactions, the Parties agree to carry out the provisions as regulated in the Operational Terms.
- Responsibility: In the event that a Security Incidents and/or Suspicious Transactions occurs due to negligence or mistakes, whether intentional or unintentional, of one of the Parties, that Party shall be responsible for all the consequences arising from the Security Incidents and/or Suspicious Transactions that is referred to.
- Media is entitled to temporarily suspend the provision of PIAS service without any obligation for compensation in any form, in the case of:
- There are no Transactions for 6 (six) consecutive months;
- Merchant is indicated to have Act of Abuse the PIAS Service and/or violated this Terms and Conditions;
- Merchant has been subject to administrative sanctions by the Financial Services Authority (OJK), Bank Indonesia and/or other Government Institution so that it is expected that this will affect his ability to carry out his obligations under this Terms and Conditions;
- There is a request from an authorized Government Institution;
- There are indications or events that threaten the security of data and/or Media’s system;
- There are indications or occurrences of Fraud/Act of Abuse or Suspicious Transactions; and/or
- There is maintenance, repair, development, or changes to the PIAS Service provided by Media which causes Temporary Suspension to be made.
- In Temporary Suspension, Media is entitled to:
- close Merchant's access to PIAS Service; and
- not execute Transaction processing.
- The execution of the Temporary Suspension will not stop the investigation process carried out by Media on indications or events that threaten the security of data and/or Media’s system and/or transactions that are indicated as Suspicious Transactions that cause Temporary Suspension.
- If the cause of Temporary Suspension is successfully handled and resolved, Media may end the Temporary Suspension based on the Media's considerations and policies.
- Merchant could be reactivate the PIAS Service after a Temporary Suspension is imposed due to the reasons in paragraph (1) letter (a) of this Article, with the following procedure:
- Merchant send Reactivation request to the Media;
- Merchant must fill in and complete all the require terms and conditions on the Reactivation form and send the form back to the Media;
- Merchant shall pay Media Reactivation fee of Rp. 250,000,- (two hundred and fifty thousand Rupiah);
- Media entitled to conduct CDD again and on going due diligence by conducting data and documents kept up-to-date from time to time according to Prevailing Regulations on Merchants who send the Reactivation request form as stipulated in Article 3 paragraph (1) letter (b), the results of the CDD become the basis Media to approve or reject Reactivation requests, with the following conditions:
- if the Media reject to Reactivation request from the Merchant, Media entitled to continue the Temporary Suspension to a Permanent Termination.
- If Media agree to Reactivation request form he Merchant, the Media will send a billing document for the Reactivation fee to the Merchant, and the Merchant is required to make payments no later than 5 (five) Business Days after the date of billing document is received by the Merchant;
- After Merchant make payment by sending proof of payment for the billing document, the Media will immediately Reactivation the PIAS Service.
- After the Temporary Suspension caused by the reasons as stated in paragraph (1) letters (b) – (e) of this Article has ended, Media will reactivate and restore the Merchant’s access to PIAS Service provided that Merchant shall to send a request via email for PIAS Service Reactivation.
- Media may continue a Temporary Suspension to become a Permanent Suspension for the cooperation of the Parties regarding the provision of PIAS Service, in the event that one (or more) of the following conditions occur:
- The cause of the Temporary Suspension originates from the Merchant's negligence or mistake, and Merchant cannot resolve the cause of the Temporary Suspension in accordance with the time period determined by Media;
- The impact arising from the cause of the Temporary Suspension is irreversible or has a significant impact on the implementation of the cooperation, so that based on the Media's considerations, the cooperation of the Parties should be terminated;
- Merchant violates the provisions of Prevailing Regulations;
- Merchant is proven to have violated the provisions of Payment Channel Provider or was blocked by Payment Channel Provider;
- Merchant has been subject to sanctions in the form of license revocation by the Financial Services Authority (OJK), Bank Indonesia and/or other Government Institutions so that it is expected that this will affect his ability to carry out his obligations under this Terms and Conditions;
- There is a request from an authorized Government Institutions and/or Payment Channel Provider to terminate the cooperative relationship with Merchant.
- This Terms and Conditions are effective from of the signing of the Faspay Registration Form by the Parties and can be terminated by either Party by giving a prior written notification to the other Party regarding the termination no later than 30 (thirty) calendar days to the desired date of termination of the cooperative relationship along with the reason for the termination.
- The obligation to provide written notification as referred to in paragraph (1) of this Article is excluded in the event that:
- Media continues Temporary Suspension to become Permanent Suspension due to the conditions stated in Article 8 paragraph (7) of this Terms and Conditions.
- There are indications that Merchant carries out business activities that are against or violates the law or carries out business activities that are included in the Negative List of Prohibited Merchant Businesses as stipulated in the Operational Provisions;
- there was a mistake, violation and/or negligence by one of the Parties in carrying out one of its obligations in this Terms and Conditions, and after being given a written warning/notification at least minimum 1 (one) time, but the defaulting, violating and/or negligent Party, within 30 (thirty) calender days, still unable to correct its mistakes, violation and/or negligence;
- the business license of one of the Parties is revoked or suspended by Bank Indonesia and/or other authorized Government Institution, either in part or whole;
- Either Party is liquidated or liquidate (not due to a merger or consolidation);
- Either Party is declared bankrupt based on a court decision that has permanent legal force;
- on the consideration of one Party that other Party has committed an act of violation of Prevailing Regulations, among others; criminal acts of money laundering, financing of terrorism activities, or corruption, in which these violations may affect the implementation of cooperative relationship, cause harm to the other Party, and/or data abuse and/or PIAS Services; and/or
- there is an authorized court decision or an order from a Government Institution or Prevailing Regulation obliging one of the Parties to end the cooperative relationship.
Therefore the termination of the cooperative relationship can be carried out directly and immediately by one of the Parties.
- Termination of the cooperative relationship due to paragraph (1) and/or paragraph (2) of this Article, does not eliminate the rights and obligations of each Party that have arisen before the termination of the cooperative relationship occurs.
- The Parties hereby agree to complete the calculation of the excess or underpayment between the Parties, no later than 1 (one) week after the effective date of termination of the cooperative relationship.
- The Parties hereby agree to waive the application of the provisions of Articles 1266 and 1267 of the Indonesian Civil Code in connection with the termination of the cooperative relationship as referred to in this Article.
- The following is confidential information, including but not limited to (hereinafter "Confidential Information"):
- the business or affairs of the Disclosing Party, including but not limited to commercial information, business information, trade secrets or know-how, marketing strategies, ideas, concepts, financial conditions and information, trade secrets, operations, personnel details, technology and/or or design models, processes, procedures and security approaches that may be provided by the Disclosing Party and may from time to time be provided to the Receiving Party in accordance with this Terms and Conditions;
- any information or data relating to concepts and ideas, technologies, formulas or improvements, adjustments or parameterizations of commercial value and not publicly available and including, but not limited to, all confidential and proprietary concepts, documentation, reports, specifications data, hardware and software inventory, hardware, software configuration, network topology, system diagram, database scheme, IP address, source code, object code, flowchart, database, invention, whether patentable or copyrighted or not, belongs to the Disclosing Party or may have been obtained by the Disclosing Party from a third party;
- other information shared with the Receiving Party where the Disclosing Party has a business, ownership or ownership interest or has a legal obligation to protect, whether received from third parties/vendors/personnel of the Disclosing Party in any form, which the Disclosing Party considers confidential and which may fairly considered confidential and which can be received, accessed or obtained by the Receiving Party during the period of the cooperative relationship;
- The Receiving Party shall not cause its Representative to use Confidential Information for any purpose except as necessary to implement, execute or enforce this Terms and Conditions. The Receiving Party shall implement commercially reasonable administrative, technical and physical safeguards designed to: (a) ensure the security and confidentiality of Confidential Information; (b) protect against anticipated threats or harm to the security of Confidential Information; and (c) protect against unauthorized access to or use of Confidential Information. Prior to disclosing Confidential Information to an authorized recipient, the Receiving Party shall inform them of the confidential nature of the Confidential Information and require them to comply with the terms of this Terms and Conditions. The Receiving Party shall promptly notify the Disclosing Party if the Receiving Party discovers any improper use or disclosure of Confidential Information and shall immediately initiate all reasonable efforts to investigate and remedy the cause of the improper use or disclosure.
- Paragraph (2) of this Article does not prohibit the disclosure or use by a Party, of Confidential Information, if and to the extent:
- disclosure of Confidential Information is required under Prevailing Regulations or any Government Institution;
- disclosure of Confidential Information is required in the context of court proceedings arising from a cooperative relationship (or any agreement entered into under this Terms and Conditions) or disclosure is made to a Government Institution in connection with the Tax affairs of the Disclosing Party;
- the information has been independently or is being developed by the Receiving Party without violating this Terms and Conditions;
- information is publicly available or becomes publicly available (other than due to a breach of this Terms and Conditions); or
- The other Party has given prior written consent to the disclosure of Confidential Information;
provided that prior to the disclosure of any information under paragraphs 3 letters (a) and (b) of this Article (or after where this is not previously possible), that Party shall, to the extent permitted by law, promptly notify the other Party of the need for disclosure of such information.
- Each Party is allowed to disclose Confidential Information to its officers, employees, affiliated companies, and/or other third parties appointed by it (collectively referred to as “Representative”) as necessary to know the Confidential Information for the same purpose as Confidential Information received by him. The Receiving Party agrees to take all necessary precautions to maintain the confidentiality of the Confidential Information in relation to this Terms and Conditions, including the execution of this Terms and Conditions, and therefore shall provide all necessary safeguards against any unauthorized disclosure, imitation or use, and to request its Representative who receives Confidential Information to comply with the obligation to maintain the confidentiality of the Confidential Information in accordance with this Terms and Conditions.
- The obligations as referred to in this Article remain binding on the Parties even though the cooperative relationship has ended.
- The Parties shall maintain the confidentiality and security of Personal Data they receive from implementing this Terms and Conditions, including but not limited to Personal Data belonging to User and/or Merchant.
- Any collection, storage, utilization, transmission, disclosure, and/or deletion and/or destruction of Personal Data by the Parties must be approved in advance by the data subject of said Personal Data and carried out in accordance with Prevailing Regulations regarding the protection of personal data. The data subject who is the owner of the Personal Data also has the right to change or withdraw their consent, and request the deletion and/or destruction of their Personal Data.
- The Parties agree to always comply with the provisions of the Prevailing Regulations regarding personal data protection, including the provisions stipulated in the SNAP governance guidelines issued by Bank Indonesia, including regarding the existence of a function in each Party that is responsible for data security consumers, data protection mechanisms, especially User’s Personal Data, mechanisms for approval, revocation and deletion of data, as relevant to the implementation of this Terms and Conditions.
- Merchant shall submit evidence of approval from the data subject as referred to in this Article to Media, if requested by Media, Payment Channel Provider, and/or an authorized Government institution.
- Collection, storage, utilization, delivery of disclosure, and/or deletion and/or destruction of Personal Data must be carried out only for the benefit of the concerned data subject.
- The Parties agree to handle and resolve complaints independently or jointly for each handling and resolving of complaints received.
- Each Party shall to provide facilities to handle and resolve complaints. Every complaint received by each Party will go through the procedures imposed by the Party receiving the complaint.
- All complaints in connection with Transactions are made in writing or verbally via telephone or email, through as follows:
Media
PT Media Indonesia
tel. : +62 21 38901800
Email : customercare@faspay.co.id
Merchant
As informed by Merchant on the Faspay Registration Form.
- In the event that one of the Parties receives a complaint which is the responsibility of the other Party, the Party receiving the complaint shall immediately forward the complaint to the other Party who is responsible for the complaint.
- Handling and Resolving of correspondence related to operational and technical aspects of the execution of PIAS Service and/or Transactions will be carried out no later than 20 (twenty) Business Day and can be extended for the next 20 (twenty) Business Day, if there are certain conditions that cause the extension must be carried out in accordance with Bank Indonesia regulations regarding consumer protection and related laws and regulations.
- The Parties shall comply with Prevailing Regulations regarding consumer protection as relevant to this Terms and Conditions.
- All notifications and correspondence between the Parties in connection with this Terms and Conditions shall be in writing via registered mail, courier company, internal courier, fax, or email, and are addressed as follows:
MediaPT Media Indonusa
Graha Astel
Jl. Pintu Air Raya No. 2A
Jakarta Pusat 10710
Notifications and correspondence regarding commercial aspects and continuation of cooperation:
Telp. : +62 21 38901800
Email : sales@faspay.co.id
U.P. : Sales
Notifications and correspondence regarding operational and technical aspects of the implementation of PIAS Service and/or Transactions:
Telp. : +62 21 38901800
Email : customercare@faspay.co.id
MerchantAs informed by Merchant on the Faspay Registration Form.
- Notifications and correspondence are deemed to have been received, if:
- Within 5 (five) Business Day after the letter is sent by registered post.
- Proof of receipt signed by representatives of the Parties, if the letter is sent through the shipping company or through the internal courier of each Party.
- Proof of sending, in case it is done via fax or email.
- Force majeure is an event or condition that is beyond the control of either Party or the Parties (“Force Majeure”). The Force Majeure events include, but are not limited to the following:
- Floods, earthquakes, landslides, volcanic eruptions, tsunamis, large fires, lightning, disease outbreaks.
- Riots, wars, riots, mass strikes, demonstrations.
- Disconnection/disruption of electricity and/or communication network, malfunctioning either a part or the whole system beyond the control of each Party.
- Disruption of the banking system of Payment Channel Provider which causes the transferring process unable to be carried out within the specified time.
- Government actions include but are not limited to the economic sector (monetary policy), changes to regulations, laws, and policies of Government Institution that hinder the execution of the fulfillment of rights and obligations by each Party under this Terms and Conditions.
- Neither Party can be held responsible for the occurrence of such Force Majeure circumstances or events.
- The Party experiencing a Force Majeure event shall notify the other Party in writing accompanied by appropriate evidence(s) no later than 3 x 24 hours from the time the Force Majeure event occurs. Failure to enforce this notice shall result in the Force Majeure event being disclaimed.
- The provision of notification of the occurrence of Force Majeure as referred to in paragraph (3) of this Article, does not apply if the Force Majeure is general, regional, national, and/or international in nature, so that it is deemed to have been known by the Parties.
- If Force Majeure has occurred with the evidence as referred to in this Article, the Parties agree to settle all rights and obligations that should be carried out by the Parties, by amicable settlement.
- If the Force Majeure occurs continuously for more than 60 (sixty) calendar days and the Party experiencing the Force Majeure event is unable to continue the execution of its rights and obligations under this Terms and Conditions, then either Party may terminate the cooperative relationship unilaterally. with due observance of the provisions for the termination of the cooperative relationship as stated in Article 9 of this Terms and Conditions.
- The Parties agree that all kinds of disputes that may arise in a cooperative relationship or in its implementation, shall basically be resolved by amicable settlement to reach consensus.
- If an agreement cannot be reached through amicable settlement within 60 (sixty) calender days, then both parties agree to submit the dispute to the Central Jakarta District Court.
- Media always strives to provide the best service for Merchant in providing PIAS Service so that Media is entitled to make changes to this Terms and Conditions in order to adapt to business developments and prevailing legal provisions in Indonesia.
- Changes in this Terms and Conditions may changes from time to time and shall be uploaded to Media website witht prior notification to Merchant, therefore Media urges Merchant to read the changes to this Terms and Conditions carefully and check this page from time to time to be made aware of any changes made.
- Changes related to Service Fee as referred to in Article 5 paragraph (3) of this Terms and Conditions are sufficient to be carried out with written notification from Media to Merchant within 1 (one) Business Day in advance, without the need to make an Amendment/Addendum to this Terms and Conditions and/or Faspay Registration Form.
- The Parties hereby agree that in the event of operational changes including the Operational Terms related to PIAS Service provided by Media, such changes are simply informed by Media to Merchant in writing (or via email).
- For the avoidance of doubt, Merchant under no circumstances understands and agrees that the most current and prevailing version of this Terms and Conditions is the version uploaded on Media’s Therefore, Merchant agrees not to file any claims or lawsuits in any form in connection with the differences that exist with the other versions. By continuing to use PIAS Service, Merchant declares that they have read, understood and agreed to be bound by any changes to this Terms and Conditions.
- Merchant shall comply with the terms, conditions, procedures, and procedures contained in the Operational Terms which can be accessed via the following link: https://faspay.co.id/en/ftnc-ops-business-billing/ (“Operational Terms”).
- Operational Terms are an integral part and are an inseparable part and become an integral part of this Terms and Conditions. If there is a conflict between the Operational Terms and the Articles in this Terms and Conditions, then the prevailing and binding articles are the Articles in this Terms and Conditions, except with any changes in the provisions as referred to in Article 16 paragraph (3) of this Terms and Conditions.
- If there is a difference in the mention of the number, size, etc. between the mention by numbers and the mention by letters, then the mention by letters is declared binding to be implemented.
- The Parties shall respect and safeguard the Intellectual Property Rights of each Party, including, but not limited to, copyrights, patents, trademarks, service marks, trade secrets, industrial designs, logos, and other similar rights in accordance with with the prevailing legal provisions whether registered or unregistered (“IPR”).
- Each Party hereby undertakes not to use the other Party's IPR for purposes other than those stipulated in this Terms and Conditions without the express and written consent of the other Party.
- Nothing in this Terms and Conditions shall be deemed to give, transfer or release, or imply the granting, transfer or relinquishment of IPR owned by each Party to the other Party.
- The Parties represent and warrant that each Party is a legal entity established legally based on the laws and regulations prevailing in the country where it is established and is capable according to law to own assets and to carry out legal actions and business activities, and has a license issued by a Government Institution authorized to regulate and supervise business activities carried out by each Party.
- The Parties represent and warrant that the signing of the Faspay Registration Form by each Party and the execution of the rights and/or obligations of each Party based on this Terms and Conditions does not conflict with the Articles of Association of each Party and does not violate any legal or regulatory provisions or orders or decisions of any Government Institution or agreements/contracts that bind each Party. Each Party has taken all necessary actions and obtained all approvals and/or permits in accordance with the provisions of the Articles of Association of each Party and/or Prevailing Regulations, to sign and implement a cooperative relationship.
- The Parties represent and warrant that their representatives who signed the Faspay Registration Form are valid, entitled and authorized, have the power to enter into, implement and enforce and have taken all necessary actions to ratify the procurement, implementation and enforcement by them of this Terms and Conditions and the transactions referred to are based on this Terms and Conditions, and therefore are legal to act under the law so that the cooperative relationship between the Parties based on the Faspay Registration Form is a legal and binding cooperative relationship between the Parties.
- Merchant guarantees and agrees to comply with and cooperate with Media in order to comply with the CDD adopted by Media in accordance with the Prevailing Regulations, including but not limited to collecting all documentation and information belonging to Merchant and/or User who required for compliance Anti-Money Laundering and Prevention of the Financing of Terrorism (APU-PPT) . Merchant guarantees that every document provided to Media is an official document, valid, still valid and every information contained in the document is true, in accordance with the actual situation and is not a fabrication or deception or a lie and in accordance with the provisions or Prevailing
- Merchant hereby warrants that in connection with the execution of the cooperative relationship, Merchant shall not carry out illegal business activities and transactions that violate or violate the laws and regulations including but not limited to gambling, drugs, pornography, firearms, sharp weapons, drugs, any crime; shall not carry out business activities and transactions that contain elements of political violations as well as conflicts on ethnicity, religion, race, and inter-group relations, radicalism, terrorists; and shall not carry out business activities and transactions related to suspicious transactions and/or indicated as fraud.
- Merchant guarantees that it agrees to follow the provisions stipulated by Payment Channel Provider and the Prevailing Regulations issued by the competent authorities (including but not limited to Bank Indonesia, the Financial Services Authority, PPATK, and other Government Institution) related to the execution of this Terms and
- In the event that there are claims, lawsuits, and/or demands in connection with the provisions of this Article, Merchant is hereby fully responsible for resolving them and releasing Media from all such claims, suits, and/or demands.
- One or more of the events mentioned below is an event of default (“Event of Default”) to this Terms and Conditions:
- One of the Parties violates a provision contained in this Terms and Conditions (the “Defaulting Party”) which materially affects the execution of this Terms and Conditions, and this has been notified in writing by the other Party that is harmed (the “Injured Party”) to the Defaulting Party but the Defaulting Party fails to recover the violation;
- If any of the representations and warranties given by either Party under this Terms and Conditions is untrue or inconsistent and may result in material loss to the other Party's ability to perform its obligations under this Terms and Conditions;
- Either Party carries on a business that is prohibited by law or regulators, or is on the National Black List;
- If the Injured Party states that there has been an Event of Default caused by the Defaulting Party as referred to in paragraph (1) above, the Injured Party may terminate this cooperative relatonship in accordance with the provisions of Article 9 of this Terms and Conditions.
- To the extent permitted by the Prevailing Regulations, the Defaulting Party is responsible and obligated to pay idemnity for all actual material losses arising from or directly suffered by the Injured Party where the loss calculation will be carried out and agreed by the Parties. Defaulting Party protects and releases the affected Party from all claims, demands and/or lawsuits, from any third party in connection with the default committed by the Defaulting Party which may arise in the future, in which the Injured Party succeeds in proving that this is the fault and/or negligence of the Defaulting Party. In such case, the Parties agree that idemnity that can be provided by the Defaulting Party is limited to a maximum amount of the Service Fee that has been paid.
- To the extent permitted by Prevailing Regulations, Media hereby is not responsible and Merchant agrees not to make claims to Media for any consequences, losses, and/or damages resulting from but not limited to:
- (i) loss of use; (ii) loss of profits; (iii) loss of income; (iv) loss of data; (iv) loss of expected profits, in each case directly or indirectly;
- indirect, immaterial, incidental, special or consequential damages, arising out of or in connection with the fault of Merchant, Payment Channel Provider, and/or other third parties, including but not limited to any losses resulting therefrom, whether if Media has been given know or not about the possibility of such loss;
- buying and selling activities of goods and/or services that underlie the occurrence of Transaction;
- Transaction is not carried out because if it is carried out it will violate a legal provision and Prevailing Regulations;
- there is an order from an authorized Government Institution or based on a provision of Prevailing Regulations, requiring Media to stop processing related Transactions or blocking PIAS Service;
- use of PIAS Service that are not in accordance with this Terms and Conditions or other derivative provisions.
- Media always strives to keep PIAS Service in a safe, comfortable and functioning condition. However, Media cannot guarantee that PIAS Service will operate continuously or that access to the Faspay merchant dashboard can always be perfect.
- Media cannot deny the possibility that the Faspay merchant dashboard at any time cannot be accessed, is under repair, or has problems that Media will fix as soon as possible. The usage of PIAS Service and Faspay merchant dashboard by Merchant is at Merchant's own risk. PIAS service and the Faspay merchant dashboard are provided by Media to Merchant on an "as is" and "as available" condition.
- Media refuses to guarantee that PIAS Service along with the Faspay merchant dashboard and features in it will operate without interruption or will be free from minor defects or errors that do not materially affect performance, or that all features contained in the Faspay merchant dashboard are designed to meet all requirements Merchant needs.
- Merchant acknowledges and agrees that in the event that Merchant suffers a loss in the use of the PIAS Service which has been proven to be caused by the fault or negligence of Media, then the liability of Media to Merchant or to third parties is limited to the amount of Service Fee that has been paid. The maximum amount that Media will bear under any circumstances for real (material) losses that have been proven to be experienced, which is only limited to the lowest amount between the amount of Service Fee that have been paid (which is recorded according to Media system) or a maximum of ten million Rupiah.
- Merchant hereby agrees that it will indemnify Media and hold Media (including affiliates, directors, commissioners, shareholders, employees, and/or authorized representatives of Media) from any claims or demands, including reasonable legal fees, which carried out by a third party arising from a violation of this Terms and Conditions by Merchant, improper use of PIAS Service and/or Faspay merchant dashboard and/or due to a violation by Merchant of the prevailing laws and regulations or the rights of third parties.
- Each Party either individually or jointly can carry out publication, advertising, promotion, socialization and education activities at a cost based on an agreement between the Media and the Merchant, which if necessary, the material content and the method of implementation, will be regulated in a separate minutes of agreement which will become an integral and inseparable part of these Terms and Conditions and the Faspay Registration Form.
- Merchant acknowledges that in the context of marketing and promotional activities, Media is entitled to place Merchant’s name and logo on marketing and promotional media with the procedure as stipulated in this Terms and Conditions..
- Media acknowledges that in the context of marketing and promotional activities, Merchant is entitled to place Media's name and promotional logo on marketing media with the procedure as stipulated in this Terms and Conditions...
- The period of use of each Party's logo as stated in paragraphs (4) and (5) of this Article is as long as the execution of the cooperative relationship is carried out by the parties based on the Faspay Registration Form and this Terms and Conditions.
- Merchant may not transfer the rights and obligations in this Terms and Conditions either partially or wholly to other third parties without prior written consent from Media.
- Entire Articles. in this Terms and Conditions (along with each document referred to in this Terms and Conditions) and their respective attachments constitute the entire agreement between the Parties in a cooperative relationship and entirely cancel, terminate and replace all negotiations, agreements and commitments in advance, whether official or unofficial, verbal or written, relating to the subject matter of this Terms and Conditions. No representations, warranties or other commitments may be implied from any information or representations made in connection with the transactions referred to in this Terms and Conditions unless expressly stated in this Terms and Conditions.
- The Parties agree to carry out a cooperative relationship in good faith and full responsibility.
- All rights and obligations of the Parties arising under this Terms and Conditions shall be subject to and interpreted in accordance with Prevailing Regulations in the Republic of Indonesia.
- All terms and conditions in this Terms and Conditions shall apply and be binding on the signing Parties, their successors, and those who benefit from them.
- The failure of the prosecution of one Party against the other in connection with the negligence and/or failure of the other Party to fulfill the terms and conditions in this Terms and Conditions cannot be interpreted as a waiver of the right to sue from the Injured The Party who is negligent and/or fails, is still obliged to carry out improvements with or without a request from the Injured Party.
- If at any time after the date of commencement of the cooperative relationship based on the Faspay Registration Form, each provision of this Terms and Conditions is declared by an authorized regulatory authority or court with competent jurisdiction to be invalid, void, illegal, becomes invalid, or unenforceable, then that provision or part of it shall be deemed deleted from this Terms and Conditions and the invalidity of such provision has no impact on and does not reduce the binding validity for the implementation of any other provisions of this Terms and Conditions, so that other terms and conditions shall remain in full force.
- Each Party shall bear and pay its own costs and expenses incurred by it in connection with the negotiation, procurement and execution of the cooperative relationship.
- ThisTerms and Conditions is an English version of Syarat dan Ketentuan Layanan Gerbang Pembayaran that can be accessed in the following link: https://faspay.co.id/id/ftnc-business/ ("Bahasa Indonesia Version"). In compliance with the Law of the Republic of Indonesia No. 24 of 2009 dated July 9, 2009 regarding Flag, Language, Coat of Arms and Anthem and its implementing regulations (the “Law No. 24“), the Parties agree that the Bahasa Indonesia version of this Terms and Condition shall be treated as an integral and inseparable part of the English version. In the event of any ambiguity, inconsistency or difference of interpretation between the Bahasa Indonesia Version and the English version, the Bahasa Indonesia Version shall prevail and Merchant is encouraged to refer to the Bahasa Indonesia Version. Each Party further agrees that neither Party will in any manner or forum, or in any jurisdiction, challenge the validity of, or raise or file any objection to, this Terms and Conditions contemplated herein on the basis of non-compliance with Law No. 24.