TERMS AND CONDITIONS
FUND TRANSFER SERVICES
Last Update: 30/10/2023 (Version 3.2)
This Fund Transfer Service Terms and Conditions (“Terms and Conditions”) regulates the use of fund transfer services to bank account through interbank transfer channels (Faspay SendMe – Disburse to Bank Account) and fund transfer services to electronic money/wallet accounts (Faspay SendMe – Disburse to E-Money/E-Wallet) (hereinafter Bank Disbursement and E-Money/E-Wallet Disbursement are referred to as “Fund Transfer Services”).
In this Terms and Conditions, the use of the word "Media" refers to PT Media Indonusa. While the use of the word "Partner" in this Terms and Conditions refers to any party that uses Fund Transfer Services provided by and has a legal relationship with Media based on the Faspay Service Usage Agreement ("Faspay Registration Form").
Media and Partner are collectively referred to as "Parties" and each is referred to as a "Party".
By signing the Faspay Registration Form, Partner is deemed to have read, understood, comprehendand agreed to the entire contents of this Terms and Conditions (including any changes thereto that may be made by Media from time to time) which are an integral and inseparable part of the Faspay Registration Form.
Defined Terms. In this Terms and Conditions, unless the context dictates otherwise, 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 thereof regarding executable source codes and applications and other materials owned by Media.
- "Service Fee" has the meaning stipulated in Article 6 paragraph (5) of this Terms and Conditions.
- “Withdrawal Fee” has the meaning stipulated in Article 6 paragraph (6) of this Terms and Conditions.
- “Credential” is an electronic information device in the form of a unique identification code used by Merchant in accessing the Fund Transfer Service system.
- "CDD" or "Customer Due Diligence" is an examination and due diligence activity that shall 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 Partner 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 Fund Transfer Services.
- “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.
- “Prefund” is the amount of funds owned by the Partner that is placed in Media temporarily for the purpose of executing Fund Transfer.
- "Technical Document" is a document that is an integral part and an integral part of this Terms and Conditions, which regulates specifications and technical parameters related to the execution 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).
- "E-Money/E-Wallet" is the money stored electronically in a server media managed by the issuer and is not a deposit as referred to in the laws and regulations regarding banking.
- "Faspay" is the name of the trademark for facilities and services owned and developed by Media in connection with its business activities and all changes thereto from time to time.
- "Force Majeure" has the meaning stipulated in Article 15 paragraph (1) of this Terms and Conditions.
- "Fraud" is a Security Incident in the form of fraud or fraudulent acts resulting in loss to each Party, and/or another party caused by an action that is categorized as Act of Abuse.
- “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 stated in Article 19 paragraph (1) of this Terms and Conditions.
- "Confidential Information" has the meaning stipulated in Article 11 paragraph (1) of this Terms and Conditions.
- "Security Incident" is an unwanted eventthat has the probability to affect, disrupt, harm or threaten security, or the continuity of cooperation, the Parties and/or Fund Recipient.
- "Government Institution" means any government agency, whether central, regional, provincial, city, district or sub-district or quasi-government agencies, including every ministry, department, commission, bureau, administrative, judicial or other agency or regulatory body or other instruments in Indonesia.
- "Withdrawal Instruction" has the meaning stipulated in Article 6 paragraph (3) of this Terms and Conditions.
- "Fund Transfer Instruction" is an order to transfer legal funds from Partner to Media by debiting Prefund funds placed on Media from the Partner's SendMe account for the purpose of making payments from Partner to Fund Recipient, and in it there is also a power of attorney by Partner to Media, Bank, and/or other disbursement service providers who have cooperated with Media to carry out Fund Transfer.
- "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 the systems of Media and Partner.
- "Operational Terms" has the meaning as stipulated in Article 18 paragraph (1) of this Terms and Conditions.
- "Successful Fund Transfer Report" is data recapitulation of successful Fund Transfer Service and submitted by Media to Partner.
- "Fund Transfer Services" are fund transfer services (Remittance) provided by Media to Partner including but not limited to Faspay SendMe - Disburse to Bank Account service (fund transfer service to a bank account) and/or Faspay SendMe - Disburse to E-Money/E-Wallet (a fund transfer service to an electronic money/wallet account), which in its provision utilizes the Open Payment API that meets the SNAP criteria which allows Partner to provide Fund Transfer Instruction to Media so that Media can transfer funds to the Fund Recipient based on Fund Transfer Instruction.
- “Open Payment API” is an API that is used openly for integration between the systems of Media and Partner whose connection access is granted based on this Terms and Conditions for the purpose of executing Fund Transfer 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 interest and penalties related to the foregoing.
- "Fund Recipient" is a party that receives funds from Media based on Fund Transfer Instruction from Partner.
- “Reactivation” is the reactivation of Partner’s access to Fund Transfer Services by Media including the re-licensing of the Open Payment API in accordance with the provisions of this Terms and Conditions.
- "User" means any party registered as an user under Partner’s platform.
- "Permanent Termination" is a permanent termination by Media in providing Fund Transfer Services to Partner which has an impact on terminating the cooperation of the Parties.
- "Temporary Suspension" is a temporary suspension by Media on Partner's access to Fund Transfer Services, including temporary termination or revocation of the use of Open Payment API by Partner.
- "Act of Abuse" is the execution of Fund Transfer, actions related to the Open Payment API, or any action that: (a) violates Prevailing Regulations among others regarding Fraud, embezzlement, money Flaundering, and/or terrorism funding; (b) violates the provisions of this Terms and Conditions; (c) is carried out in bad faith to gain personal gain, such as among othersfictitious/fake Funds Transfer; and/or (d) cause loss or have the potential to cause material or immaterial losses to Media and/or Fund Recipient, because it is done in bad faith for purposes such as tricking the Fund Transfer’s processing system owned by Media.
- "Prevailing Regulations" are every legislation, constitution, codex, laws, regulations, rules, ordinances, orders, decrees, stipulations, judgments, decisions, governance guidelines issued or made by Any Government Insitution.
- "Representatives" has the meaning stipulated in Article 11 paragraph (4) of this Terms and Conditions.
- "Receiving Party" means the party receiving Confidential Information from the Disclosing Party.
- "Disclosure Party" means the party disclosing Confidential Information to the Receiving Party.
- "National Open Payment API Standard " or "SNAP" is the national standard for Open Payment API stipulated by Bank Indonesia.
- “Daily Total Nominal” has the meaning stipulated in Article 5 paragraph (12) of these Terms and Conditions.
- "Fund Transfer" is the process of transferring funds (Remittance) from Partner to Fund Recipient which processed by Media’s Fund Transfer Service based on Fund Transfer Instruction given by Partner.
- “Suspicious Transactions” are suspicious financial transactions as referred to in the Prevailing Regulations that regulate the prevention and eradication of money laundering crimes and the Prevailing Regulations that regulate the prevention and eradication of terrorism financing crimes.
- "Event of Default" has the meaning stipulated in Article 21 paragraph (1) of this Terms and Conditions.
- Partner hereby agrees to appoint Media as a provider of Fund Transfer Services (Remittances), and Media hereby accepts the appointment of Partner to carry out the provision of Fund Transfer Services.
- Fund Transfer Services provided by Media to Partner can be in the form of the following services: (i) fund transfer services to bank accounts through interbank delivery channels (“Faspay SendMe - Disburse to Bank Account”) and/or (ii) fund transfer services to electronic money/wallet accounts (“Faspay SendMe - Disburse to E-Money/E-Wallet”).
- The Parties agree that in the execution of cooperation based on this Terms and Conditions, the provision of Fund Transfer Services by Media to Partner is carried out by utilizing the Open Payment API which meets the SNAP criteria. Thus, the Parties are obliged to comply and abide 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 Prefund funds from Partner before Media obtain Fund Transfer Instruction which are then recorded in the Partner's SendMe dashboard to be used in the execution of the Fund Transfer Services.
- Media is entitled to receive payment for Service Fee as stipulated in this Terms and Conditions.
- Media is entitled to ask Partner to complete or send Partner data and User and/or Fund Recipient data for the purposes of executing Fund Transfer Services.
- Media is entitled to refuse or withhold from carrying out Fund Transfer Instruction given by Partner, and/or restrict access and/or terminate Fund Transfer Services either temporarily or permanently if there are allegations of Fraud, unlawful acts, containing elements of criminal acts under the laws of the Republic of Indonesia Indonesia, blocking by Government Institutions, or in the process of investigation by Government Institutions, or if indications of Act of Abuse of the Fund Transfer Service system are found by Partner and/or customers of Partner.
- Media is entitled to not to carry out Fund Transfer Instruction if the amount of Prefund funds placed on Media insufficient to carry out Fund Transfer.
- Media is entitled to request copies of the Partner's latest documents and/or information including but not limited to personal data of directors and/or commissioners of Partner's legality documents and licensing documents (“Partner Documents“) and obtain Partner approval for the purposes of implementing CDD (Customer Due Diligence) and on going due diligence by conducting data and documents kept up-to-date from time to time in accordance with Prevailing Regulations, and Media is entitled to obtain permits and the Partner's approval to submit Partner Documents to the Bank and/or other payment service providers who cooperate with Media for examination, storage and further processing in the context of providing Fund Transfer Services 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 notifications and update data and legality documents from Partner if there are changes to the data and documents. In the event that Partner does not notify or update the data to Media, then the company's legal data and documents that have been submitted to Media shall be considered the most recent data and documents;
- Media is entitled to ask Partner to provide evidence of User and/or Fund Recipient approval to Partner in the context of executing Fund Transfer Services.
- Media is entitled to obtain written information from Partner 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 implement SNAP on the Open Payment API in accordance with Prevailing Regulations.
- If requested by a Government Institution, Media shall forward data and/or information related to Fund Transfer Services submitted by Partner to Government Institution in accordance with the procedures and mechanisms stipulated by the Government Institution.
- Media shall handle and resolve complaints submitted by Partner 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 is entitled to use and place Partner's logo, trademark symbol and company name for promotional and marketing purposes on any publication media or promotional material to show that Partner uses Media's Services.
- Media shall provide the latest data regarding the provision of Fund Transfer Services to Partner including but not limited to Successful Fund Transfer Report according to the time limit specified in this Terms and Conditions to Partner.
- Media is entitled to debit Prefund funds placed on Media from the Partner's SendMe account based on the power of attorney granted by Partner for the purposes of: (i) carrying out Fund Transfer Instruction, (ii) transferring Prefund funds to the Fund Recipient's account (Bank Account or Emoney/E-wallet), (iii) payment of Service Fees.
- Media shall perform Fund Transfer Services based on Fund Transfer Instruction from Partner in accordance with the provisions referred to in this Terms and Conditions in real time every calendar day in accordance with the time for sending funds as stipulated in the prevailing Operational Terms by Media.
- Media shall ensure that the operational system of Media functions properly so that the Fund Transfer Services provided by Media can be carried out properly including but not limited to keeping and maintaining the facilities, infrastructure, devices, applications, and systems and devices of Media that is used to provide Fund Transfer Services.
- Media shall comply with all prevailing regulatory provisions in relation with the execution of the Fund Transfer Services.
- In addition to those specified in other Articles of this Terms and Conditions , the rights and obligations of Partner are as follows:
- Partner is entitled to receive Fund Transfer Services provided by Media based on this Terms and Conditions;
- Partner is entitled to cancel Fund Transfer Instruction in accordance with the consent and mechanism determined by Media.
- Partner is entitled to obtain correct, accurate and up-to-date data from Media regarding Fund Transfer Services including but not limited to receiving Successful Fund Transfer Report data according to the time limit specified in this Terms and Conditions to Partner.
- Partner shall apply SNAP to Fund Transfer Services provided by Media in accordance with Prevailing Regulations.
- Partner shall provide Fund Transfer Instruction to Media only through the Application Program Interface (API) or the Faspay application dashboard that has been provided by Media where documents, specifications and technical parameters can be accessed at the following link: https://docs.faspay.co.en/.
- Partner shall be fully responsible for all Fund Transfer Instruction given to Media, including but not limited to instructions and unauthorized access to the API and/or Faspay application dashboard carried out by the management, employees or consultants caused by mistake and/or negligence of Partner. Therefore, Partner shall implement good security and supervision measures;
- Partner shall be responsible for any mistakes in the Fund Transfer Instruction made and Partner cannot claim compensation for loss of funds resulting from incorrect transfer of funds due to inaccuracy or error in entering the Fund Recipient account number by Partner.
- Partner shall place a certain amount of Prefund funds placed on Media in order to execute the Fund Transfer Service.
- Partner shall ensure that the amount of Deposit funds in the Partner's SendMe account is sufficient for the execution of the Fund Transfer Instruction and/or Withdrawal Instruction (including elements of Service Fee and/or Withdrawal Fee);
- Partner shall pay Service Fee in connection with the use of Media's Fund Transfer Services pursuant with the provisions of this Terms and Conditions;
- Partner shall ensure that the use of Fund Transfer Services by Partner as referred to in this Terms and Conditions shall not conflict with the provisions of the Prevailing Regulations and in the event of a Suspicious Transactions, problematic, considered against, or violating the law such as Fraud, money laundering, terrorism funding, and/or other forms of Act of Abuse, Partner shall cooperate with Media, related institutions, and law enforcement officials (including but not limited to providing the necessary data, information, documents and/or statements);
- Partner shall conduct reconcile in accordance with the time limit specified in this Terms and Conditions to Media.
- Partner shall keep and maintain facilities, infrastructure, devices, applications, systems and/or devices owned by Partner that is applied to use Fund Transfer Services so that they do not harm or damage the system or operation of Media's systems and devices.
- Partner are obliged to submit all copies of documents or information required by Media for the implementation of this cooperative relationship including but not limited to personal data of directors and/or commissioners, legal documents and permits belonging to Partners, and obtain Merchant approval for the purposes of fulfilling the CDD (Customer Due Diligence) and on going due diligence (continuous monitoring by making efforts to update data and documents) at any time in accordance with Applicable Regulations, and the Partner permits and gives approval to the Media for the submission of Partner Documents to Banks and/or other collaborating payment service providers with the Media for the purposes of inspection, storage and further processing by the Bank and/or other payment service providers in the context of providing Fund Transfer Services based on this Terms and Conditions and for investigation purposes in the event of indications or incidents of Security Incidents or Suspicious Transactions at a later date. Partners are required to notify and provide updated data and legal documents to the Media if there are changes to the data and documents. In the event that the Partner does not notify or provide an update on the data and documents to the Media, then the company legality data and documents that the Partner has submitted to the Media will be considered the most current data and documents.
- Partner shall perform identification and verification towards User and/or Fund Recipient when Partner intends to provide Fund Transfer Instructions through Media and Partner shall submit the identification data to Media. In connection with this obligation, Partner shall guarantee and ensure that it has obtained all the necessary approvals from the party to provide data, information and/or identification and verification documents to Media, Banks, disbursement service providers, and/or other fund transfer/remittances service providers that cooperate with Media, so that the use of such data, information, and/or documents by Media, Banks, disbursement service providers, and/or other fund transfer/remittance service providers for the purpose of providing Fund Transfer Services shall not violate any laws and regulations.
- Partner shall comply with and properly abide with prevailing laws and regulations, including, but not limited to laws and regulation regarding anti money laundering and combating the financing of terrorism (AML-CFT), and shall not cooperate with fraudsters or fraud perpetrators either which is assumed or proven.
- Partner shall store User and/or Fund Recipient data in accordance with Prevailing Regulations and prudential principles.
- Partner shall delete data belonging to User and/or Fund Recipient based on request of User and/or Fund Recipient in according to Prevailing Regulations.
- Partner shall use the data provided by Media only for the benefit of User and/or Fund Recipient.
- Partner shall implement the technical and security standards, data standards and technical specifications stipulated in the Prevailing Regulations regarding SNAP.
- Partner shall immediately notify Media in writing if there is a Data Leakage.
- Partner shall obtain prior approval from User and/or Fund Recipient before Fund Transfer is processed and forwarded to Media, and provide the approval of User and/or Fund Recipient to Media.
- Partner shall notify Media if there is a change in the consent of User and/or Fund Recipient.
- Partner shall release and hold harmless Media along with shareholders, commissioners, directors, all employees and/or affiliated parties of Media from lawsuits or responsibility for any losses, claims for expenses, damages, liabilities or costs arising from a violation of the Partner's obligations as referred to in paragraph (2) letters (o) and (p) of this Article and any violation of the provisions of the Prevailing Regulations by Partner.
- Partner shall provide means to handle complaints from User, and/or Fund Recipient and resolve complaints from User, and/or Fund Recipient regarding Partner’s services to User, and/or Fund Recipient.
- The Parties agree that the limitation of the responsibility of Media with respect to the obligations referred to in paragraph (1) of this Article, is limited to the mistake and/or negligence committed by Media. Media shall not be responsible for any mistake and/or omissions or inclusions of mistakes and/or negligence made by Partner, Bank, disbursement service providers, fund transfer/remittance service providers, and/or any 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 the Open Payment API in accordance with the provisions, standards, documents, specifications, and Prevailing Regulations related to SNAP issued by Bank Indonesia or other agencies provided authority by Bank Indonesia.
- Before the use of Open Payment API can be implemented, Partner agrees to follow the registration procedure and onboarding procedure (participation) as follows:
- Meet the due diligence criteria (Customer Due Diligence) as regulated and determined by Media.
- Meet the terms of use of the Open Payment API as regulated and determined 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 Payment API by Partner which is not carried out in accordance with or violates the Prevailing Regulations, provisions, requirements and/or other procedures that is determined by Media (if there is any).
- If the registration procedure and onboarding procedure (participation) as referred to in paragraph (2) of this Terms and Conditions have been successfully carried out in accordance with the provisions stipulated and determined by Media, the Parties shall carry out integration between systems through communication between the Open Payment API and Partner’s API for the provision of providing Fund Transfer Services.
- If there is a system failure or there are criteria that are not met in the trials execution, Partner shall do its best effort to immediately repair or make adjustments so that the criteria are met and the trials is continued.
- The Parties agree to sign a written minute (minutes) which is an integral part of this Terms and Conditions for the successful execution of onboarding procedures, trials and other related procedures (if there is any).
- Partner shall integrate the API used into SNAP in accordance with Prevailing Regulations regarding SNAP issued by Bank Indonesia.
- The execution of cooperation between the Parties requires connectivity between the systems of Media and Partner 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 execution of cooperation, including those that result in data manipulation and/or manipulation of data transmission authorization, and/or other anomalous events.
- Partner as the Party that uses Fund Transfer Services by utilizing the Open Payment API is fully responsible:
- For all forwarding of data carried out in the context of sending Funds Transfer from the systems, platforms and/or applications of Partner to Media, can be carried out accurately, safely and without interruption, in accordance with the purpose of forwarding these data;
- to Media for the security and confidentiality of the Open Payment API used in the execution of cooperation;
- to ensure that the systems, platforms and/or applications of Pertner have the capacity, capability, security and reliability to be used in the execution of cooperation as stipulated in this Terms and Conditions.
- Obliged to maintain confidentiality of information and system security, stored and maintain confidentiality Credential Open Payment API provided by Media to Partner, including but not limited to username and passwords, and security features (public keys), from any Act of Abuse.
- Partner keep responsible for the confidentiality of information and system security as stipulated in paragraph 9 letter (d) on this Article either when Partner is actively using the Fund Transfer Service or is no longer active using the Fund Transfer Service and/or after the termination of this cooperative relationship.
- Limitations on the Use of Open Payment API. Without prior written approval from Media, Partner is prohibited from:
- Using the Open Payment API 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
- Altering, modifying, copying, sub-licensing and/or disclosing the Open Payment API provided by Media or parts thereof.
- Changes, replacements, and updates to the Open Payment API:
- Media is entitled to make changes, replacements and updates to the Open Payment API provided under this Terms and Conditions to Partner based on Media's considerations and policies or in the event of changes to Prevailing Regulations related to SNAP which require Media to make changes, replacements and/or updates to Its Open Payment API.
- In the event of a change, replacement and/or updates due to the reasons referred to in letter a above, Media shall prior notify Partner, and Partner shall make adjustments to its API, including making adjustments to its API in accordance with the terms and conditions of Prevailing Regulations regarding SNAP.
- If the cooperation of the Parties based on this Terms and Conditions ends, then within 30 (thirty) calendar days from the date of termination of this cooperative relationship, Partner shall stop using the Open Payment API for any purpose and must return the Open Payment API, delete, and destroy data, information, documents, or copies related to Open Payment API and its use that is stored by Partner or third parties who cooperate/work with Partner.
- Partner put a certain amount of Prefund funds placed on Media for the execution of the Fund Transfer in the manner as determined by Media. In the event of an error in the Bank’s and/or Media’s system, Media is entitled to make corrections to that placement of Prefund funds.
- Partner gives instructions to make a Fund Transfer to Media, where instructions can only be given by Partner to Media through the API or Faspay application dashboard provided by Media where the documents, specifications, and technical parameters can be accessed at the following link: https://docs.faspay.co.id/ (this link may be updated by Media from time to time).
- The Parties hereby agree that all instructions received by Media as referred to in paragraph (2) of this Article are absolute and irrevocable.
- Partner shall provide Fund Transfer Instruction to Media to perform Fund Transfer in accordance with the Fund Transfer Services needed by Partner:
- In the event that Partner gives a Fund Transfer instruction to use the Faspay SendMe – Disburse to Bank Account service, the instruction shall contain some informations, including but not limited to data of the Fund Recipient, nominal value of transfer, description or information of transfer, the name and account number of the Fund Recipient (data/information that shall be provided by Partner on the Fund Transfer instruction may be adjusted according to the Operational Terms regualated by Media).
- In the event that Partner gives a Fund Transfer instruction to use the Faspay SendMe – Disburse to E-Money/E-Wallet service, the instruction shall contain some informations, including, among others, the Fund Recipient data (name and mobile phone number), the name of the E-Money platform used by the Fund Recipient, as well as the nominal value of Top Up (data/information that shall be provided by Partner in the instructions may be adjusted according to the terms and conditions or Operational Terms regulated by Media).
For the avoidance of doubt, the Faspay SendMe – Disburse to E-Money/E-Wallet service can only be used for the E-Money account of the Fund Recipient whose user identity data has been registered and recorded with the E-Money provider.
- Media shall not be responsible for the update and truth/correctness of the data and documents provided by Partner, as well as regarding the contents of the Fund Transfer instructions as stated in paragraphs (3) and (4) of this Article, including the authority and identity of the persons or parties involved in the preparation/dispatch/approval of Fund Transfer Instructions received by Media from Partner. Partner and/or Fund Recipient cannot submit any demand, suit, and/or claim against Media, in connection with fault and/or negligence in the Fund Transfer instructions given by Partner to Media as stated in paragraphs (3) and (4) of this Article. All risks and legal consequences arising from the mistakes and/or negligence of Partner in providing data, documents, and document updates, the occurrence of abuse of authority, as well as errors in sending of Fund Transfer instructions and other related matters are the full burden and responsibility of Partner.
- Media shall not be responsible for any fault and/or negligence or inclusion of fault and/or negligence made by Partner, Bank, provider of E-Money disbursement channel, and/or any other third party.
- For the execution of this Terms and Conditions, Partner is required to provide a certain amount of Prefund funds placed on Media in advance for the purposes of Fund Transfer, payment of Service Fee, and payment of Withdrawal Fee in accordance with the instructions determined by Media.
- When a Partner makes a Fund Transfer using the Faspay SendMe – Disburse to Bank Account service and/or the Faspay SendMe – Disburse to E-Money/E-Wallet service, therefor based on the Fund Transfer Instruction received, Media shall debit Prefund funds placed on Media in the amount of the nominal value transferred plus Service Fee, then the nominal value transferred is forwarded to the Fund Recipient in real time every calendar day in accordance with the time for fund transfer as stipulated in the Operational Terms.
- Media shall debit or credit Prefund funds placed on Media in the amount of the nominal value transferred plus Service Fee referring to the nominal stated on the transaction report from the Bank and the fund transfer/remittance service provider.
- If the Prefund funds placed on Media are insufficient to carry out the Fund Transfer Instruction from Partner including to conduct the payment of Service Fee, then there is no obligation from Media to execute the Fund Transfer Instruction.
- The Parties agree that the maximum nominal value that can be transferred by Partner per transaction is as stipulated in the Operational Terms.
- The Parties agree that the total nominal value that can be transferred by Partner per day (“Daily Total Nominal”) is as regulated in the Operational Terms.
- Fund Transfer is deemed to have been made by Media when Partner receives a "success", "failed", or "on process" response via the API or on the Faspay application dashboard provided by Media.
- For the execution of this Fund Transfer Services, Partner shall receive a Successful Fund Transfer Report on the following calendar day (D+1) from Media after the transaction date, which shall be used for the process of reconciliation. Data reconciliation between Partner and Media refers to the maximum limit determined by the transfer/disbursement (remittance) service provider after the transaction date. If it exceeds this maximum limit and there is no confirmation from Partner, then the transaction status shall be deemed to have been approved by Partner and Partner hereby releases all of its rights to make claims, lawsuits and/or demands against Media.
- In the event of a correction to the transaction data resulting from the reconciliation process between Media and the Bank, disbursement service channel providers, and/or other fund transfer/remittance service providers, Media is entitled to make corrections to the transaction data and Partner’s nominal of Prefund funds placed on Media as well as Service Fee on the Partner's SendMe account.
- Acceptance and Cancellation of Fund Transfer Instruction:
- All instructions, information, requests and/or data received from the Partner's system, including instructions or Fund Transfer requests from the Partner'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 the instructions, information, requests, and/or data.
- Partner guarantees that all instructions, information, requests and/or data submitted toMedia in the context of exercising the rights and/or obligations under this Terms and Conditions, are valid, accurate and up-to-date including Personal Data relating to User and/or Fund Recipient.
- Cancellation of Fund Transfer Instruction by Partner can only be done if:
- Fund Transfer Status on Media has not been instructed by Partner; or
- Provisions from Banks, disbursement service providers, and/or other fund transfer/remittance service providers allow such cancellation of Fund Transfer.
- Partner understood and cannot deny that in implementing the Fund Transfer Service based on this cooperative relationship, the name of PT Media Indonusa is listed as the sender of funds in the mutation of the Fund Recipient's account. Therefore, the Partner is fully responsible for the use of the Funds Transfer Service and the Partner declares that all Funds Transfer Instructions given by the Partner to Media are considered valid Funds Transfer Instructions from the Partner, and the Partner acknowledges that Media is only an intermediary providing Funds Transfer Services. Thus, the Partner is fully responsible for the use of the Fund Transfer Service and the Partner agrees to indemnify and release Media from all forms of losses, claims, expenses, damages, payment obligations, costs, demands and/or lawsuits in any form in connection with the implementation Funds Transfer Instructions.
- Refund of Remaining Prefund Funds:
Media will return the remaining Prefund fund placed on Media periodically once every 1 (one) week, with the following mechanism:- Media sends a written notification to the Partner regarding the remaining Prefund funds placed on Media and requests confirmation regarding using of the remaining Prefund funds before return the remaining Prefund funds to the Partner;
- Partners obliged to response in the form of confirmation of the return on the remaining Prefund funds no later than 2 (two) Working Days since Media sends the notification.
- If the Partner confirms that they can still use the remaining Prefund funds, the Partner agrees that the remaining Prefund funds will keep placed on the Media, for being used again by the Partner for the implementation of Fund Transfer Services.
- If the Partner confirms that they do not used the remaining Prefund funds or there is no confirmation from the Partner beyond the time period as previously stipulated in paragraph 18 letter (f) of this Article, then:
- Media will return the remaining Prefund funds to the Partner's account as stated in Article 6 paragraph (3);
- Media will send a notification when the remaining Prefund funds have been successfully returned to the Partner’s account;
- If during the period the refund process has not been carried out, but the remaining Prefund funds experience changes, either reducing or adding Prefund funds for the implementation of the Fund Transfer Service, then the remaining Prefund funds cannot be refunded;
- The Parties agree that if the remaining Prefund funds are returned to the Partner as referred to in paragraph (18) of this Article, the Partner will be charged a transfer fee for each return of the remaining Prefund funds. In the event that the Partner's account details as stated in Article 6 paragraph (3) of the Agreement is an overseas bank account, the Partner will be charged a transfer fee, foreign exchange fee, and any other fees (if any).
- In connection with the provisions of Article 5 paragraph (4) of this Terms and Conditions, Partner shall provide a certain amount of Prefund funds placed on Media for the purposes of executiong the Fund Transfer Instruction given by Partner to Media and payment of Service Fees, in a manner as determined by Media.
- The Parties hereby agree that regarding the Prefund funds placed ond Media as referred to in paragraph (1) of this Article, Media shall not give any interest to Partner.
- In the event that the Partner's Prefund funds are placed on Media as referred to in paragraph (1) of this Article, Partner may withdraw the Deposit funds by sending prior funds withdrawal instructions to Media through the Faspay application dashboard ("Withdrawal Instruction") with a maximum withdrawal nominal according to the Operational Terms. Furthermore, Media shall return the remaining Prefund funds placed on Media to Partner after receiving Withdrawal Instruction from Partner, by means of Media transferring to the Partner's bank account with the details as stated on the Faspay Registration Form.
- In the event that the details of the Partner's bank account as stated in paragraph (3) of this Article is an overseas bank account, then the provisions of the Withdrawal Instruction shall follow the terms and conditions that apply to Media as stipulated in the Operational Terms.
- The Parties agree that for Fund Transfer Services performed by Media based on this Terms and Conditions, Partner is obliged to pay a fee to Media for the use of Fund Transfer Services ("Service Fee") as stipulated in the Faspay Registration Form signed by Partner.
Service Fee does not include Value Added Tax (VAT) for each Fund Transfer instruction. - The Parties agree that for a refund to Partner as referred to in paragraph (3) of this Article, Partner shall be charged a fee for each Withdrawal Instruction ("Withdrawal Fee"). The amount of Withdrawal Fee is as stipulated in the Operational Terms.
Withdrawal Fee does not include Value Added Tax (VAT) for each Withdrawal Instruction. - Media is entitled to make changes to the amount of the Service Fee and Withdrawal Fee as referred to in paragraph (5) and paragraph (6) of this Article by giving written notification to Partner within 7 (seven) Business Day in advance, where the written notification shall be an integral and inseparable part of this Terms and Conditions.
- The Parties agree that payment of Service Fee and/or Withdrawal Fee shall be made to Media by Partner by directly deducting the Partner’s Prefund funds placed ond Media.
- Regarding payment of Service Fee and Withdrawal Fee, Media shall send an invoice on the 7th (seventh) Working Day at the beginning of the following month for the transaction of Fund Transfer which occurred in the previous month. Media shall send a tax invoice to Partner at 1 (one) Working Day after sending the invoice to Partner.
- In the event that Partner already has an SPPKP (Letter of Confirmation of Taxable Entrepreneur) that requires Partner to deduct Income Tax (PPh) of Media in connection with the execution of this Terms and Conditions, Partner will withholding the Media WHT from the total Service Fee received by the Media each month in accordance with the Applicable Regulations in the field of Taxes and pay it to Tax authority using Partner's funds prior and then provide proof of the WHT slip to the Media within a maximum period of 30 (thirty) calendar days after the date of issuance of the invoice by the Media. In the event that WHT slip is provided by the Partner surpass the time period, then there is no obligation from the Media to make payments on the intended PPh.
- Upon receipt of the proof of WHT slip as referred to in paragraph 3 of this Article, Media will reimburse the Partner for an amount of funds equal to the WHT value that has been paid in advance by the Partner to the Tax authority by transferring to the Partner's account as detailed in Article 6 paragraph (3) in this Terms an Conditions, within a period of 5 (five) Business Days from the receipt of the WHT slip referred to by the Media from the Partner.
- Monitoring: Media is entitled to regulate periodic monitoring that shall be carried out by the Parties on all activities using the Open Payment API. Monitoring is necessary to ensure that this Terms and Conditions runs in accordance with the prevailing provisions, agreements, procedures, including identifying adn anticipating the occurrence of Security Incident and Suspicious Transactions.
- Reporting of the Parties: In the event that there is an indication or occurrence of Security Incident or Suspicious Transactions, the Party that finds the indication or incident shall report it to the other Party regarding the said Security Incident 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 Incident 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 reporter of the incident to obtain details or chronology of the Data Leakage incident, if the indication or event is a Data Leakage;
- collecting and identifying the 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 (severity).
- investigation Period:
- Fraud/Act of Abuse or Suspicious Transactions: 30 (thirty) calendar days since one of the Parties finds indications.
- Data Leakage or System Failure: 14 (fourteen) calendar days since one of the 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 execution of Enforcement or Handling of Security Incident and/or Suspicious Transactions, the Parties agree to carry out the provisions as regulated in the Operational Terms.
- Responsibility: In the event that the Security Incident and/or Suspicious Transactions occurs due to negligence, error or negligence, whether intentional or unintentional, of one of the Parties, that Party shall be responsible for all the consequences arising from the Security Incident and/or Suspicious Transactions, including providing compensation to the parties affected by losses from the Security Incident and/or Suspicious Transactions, such as; Other parties or consumers or in this case the Fund Recipient that is affected.
- Media is entitled to temporarily stop the provision of Fund Transfer Services without any obligation for compensation in any form, in the case of:
- There are no Fund Transfer Instruction by Partner for a 6 (six) consecutive months;
- Partner is indicated to have Act of Abused Fund Transfer Services and/or violated this Terms and Conditions;
- Partner is subject to administrative sanctions by the Financial Services Authority, Bank Indonesia and/or Government Institutions so it is expected to affect their ability to carry out their obligations under this Terms and Conditions;
- There is a request from an authorized Government Institutions;
- There are indications or events that threaten the security of data and/or the system of Media;
- There are indications or occurrences of Fraud/Act of Abuse or Suspicious Transactions; and/or
- There is maintenance, improvement, development, or changes to the Fund Transfer Services provided by Media which causes a Temporary Suspension to be made.
- In Temporary Suspension, Media is entitled to:
- close the Partner's access to Fund Transfer Services; and
- not carry out the processing of Fund Transfer Instruction.
- The execution of the Temporary Suspension shall not stop the investigation process carried out by Media on indications or events that threaten the security of data and/or the system of Media and/or transactions that are indicated as Suspicious Transactions that caused the Temporary Suspension.
- If the cause of the Temporary Suspension is successfully handled and resolved, Media may terminate the Temporary Suspension based on the considerations and policies of Media.
- Partner may submit a reactivation of the Fund Transfer after a Temporary Suspension is imposed due to the reasons in paragraph (1) letter (a) of this Article, with the following procedure:
- Partner sends Reactivation request to the Media;
- Partner must fill in and complete all the require terms and conditions on the Reactivation form and send the form back to the Media;
- Partner shall pay to Media Reactivation fee of Rp. 250,000,- (two hundred and fifty thousand Rupiah);
- Media is 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 Media refuse the Reactivation request from Partner, Media is entitled to continue the Temporary Suspension to a Permanent Termination.
- If Media agree to Reactivation request form the Partner, Media will send a billing document for the Reactivation fee to the Partner, and the Partner is required to make payments no later than 5 (five) Business Days after the date of billing document is received by the Partner;
- After Partner make payment by sending proof of payment for billing document, Media will immediately conduct Reactivation.
- After the Temporary Suspension caused by the reasons as mentioned in paragraph (1) letters (a) – (e) of this Article is terminated, Media shall reactivate and restore Partner's access to Fund Transfer Services provided that Partner shall send a request via email for re-activation of the Fund Transfer Services.
- Media may continue Temporary Suspension to Permanent Termination for the cooperation of the Parties regarding the provision of Fund Transfer Services, in the event that one (or more) of the following conditions occur:
- The cause of the Temporary Suspension originates from the negligence or mistake of Partner, and Partner 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 execution of the cooperation, so that based on Media's considerations, the cooperation of the Parties should be terminated;
- Partner violates the provisions of the Prevailing Regulations;
- Partner is proven to have violated the provisions of the Bank, electronic money disbursement service providers, and/or other fund transfer/remittance service providers;
- Partner has been subject to sanctions in the form of license revocation by the Financial Services Authority, Bank Indonesia and/or Government Institutions so that it is expected that it affects Partner’s ability to carry out its obligations under this Terms and Conditions;
- There is a request from an authorized Government Institutions to end the cooperative relationship with Partner.
- This Terms and Conditions is effective since the date of the Faspay Registration Form is signed by the Parties and can be terminated by either Party by giving a written notification to the other Party regarding the termination no later than 30 (thirty) calendar days prior to the effective date of the desired termination of the cooperative relationship accompanied by the reason for the termination.
- The obligation to make a notification in writing as referred to in paragraph (1) of this Article is waived in cases where:
- Media continues the Temporary Suspension to become Permanent Termination due to the conditions stated in Article 9 paragraph (6) of this Terms and Conditions.
- 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, however, but the wrong, violating and/or negligent Party it within 30 (thirty) calendar days, still unable to correct its mistakes, violations and/or negligence;
- the business license of one of the Parties is revoked or suspended by Bank Indonesia and/or other authorized Government Institutions, either partly or entirely;
- one of the Parties is liquidated or liquidates (not due to a merger or consolidation);
- one of the Parties is declared bankrupt based on a court decision that has permanent legal force;
- on the consideration of one Party that the other Party has committed an act of violation of the Prevailing Regulations, among others; money laundering, financing of terrorism or corruption, in which the violations may affect the execution of the cooperative relationship, cause harm to other Parties, and/or data abuseand/or Fund Transfer Services; and/or
- there is a competent court decision or order from a Government Institution or Prevailing Regulation obliging one of the Parties to terminate the cooperative relationship.
Therefore the termination of the cooperative relationship can be carried out directly and immediately by one of the Parties.
- The obligation to make notifications as referred to in paragraph (1) of this Article is also waived in cases where:
- There are indications that transactions or Fund Transfer Instruction that were made are classified as Suspicious Transactions or transactions that contravenes or violates the law.
- There is an indication that Partner is carrying out business activities that contravenes or violates the Prevailing Regulations;
- There is an indication that the Fund Recipient is a person or institution or entity that is illegal, contravenes or violates the Prevailing Regulations.
- Therefore the termination of the cooperative relationship can be carried out directly and immediately by Media.
- Termination of the cooperative relationship due to paragraphs (1), (2) and/or paragraph (3) of this Article, shall not eliminate the rights and obligations of each Party that have existed before the termination of the cooperative relationship occurred.
- The Parties hereby agree to complete the calculation of the excess or underpayment of accounts that occur between the Parties, no later than 1 (one) week after the effective date of termination of the cooperative relationship occurs.
- The Parties hereby agree to waive the application of the provisions of Articles 1266 and 1267 of the Indonesian Civil Code in relation with the termination of the cooperative relationship as referred to in this Article.
- The following things constitute confidential information, including but not limited to (hereinafter referred to as "Confidential Information"):
- 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, conditions and financial information, operations, details of personnel, technology and/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 available to the public and including, but not limited to, all confidential and proprietary rights to concepts, documentation, reports, specifications data, hardware and software inventory, hardware, software configuration, network topology, system diagram, database schematic, IP address, source code, object code, flow chart, 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 interest or ownership 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 deemed to be confidential and which can be received, accessed or obtained by the Receiving Party during the period of the cooperative relationship;
- The Receiving Party is prohibited from causing its Representatives to use Confidential Information for any purpose except as necessary to implement, perform, 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 the Confidential Information; (b) protect against anticipated threats or harm to the security of the Confidential Information; and (c) protect against unauthorized access to or use of Confidential Information. Prior to disclosing Confidential Information to authorized recipients, 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 immediately notify the Disclosing Party if the Receiving Party discovers any improper use or disclosure of the 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 as long as:
- the disclosure of Confidential Information is required under Prevailing Regulations or any Government Institutions;
- the disclosure of Confidential Information is required in the context of court proceedings arising from the cooperative relationship (or any agreement entered into based on the cooperative relationship) or disclosure is made to a Government Institutionsin connection with the tax affairs of the Disclosing Party;
- the information has been independently developed or is being developed by the Receiving Party without violating this Terms and Conditions;
- the information is publicly available or becomes publicly available (other than because of 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 disclosing any information under paragraph 3 (a) and (b) of this Article (or after where it is not possible beforehand), that Party shall, to the extent permitted by law, immediately notify the other Party of the need to disclose such information.
- Each Party is permitted to disclose Confidential Information to its officials, employees, affiliated companies, and/or other third parties appointed by it (collectively referred to as “Representatives”) as necessary to find out Confidential Information with the same purpose with the Confidential Information that is received. The Receiving Party agrees to take all necessary precautions to maintain the confidentiality of the Confidential Information related to this Terms and Conditions, including the execution of this Terms and Conditions, and is therefore obliged to provide all necessary protection against any unauthorized disclosure, counterfeit or use, and to require its Representatives who receives the Confidential Information to comply with the obligation to maintain the confidentiality of the Confidential Information in accordance with this Terms and Conditions.
- The obligations referred to in this Article remain binding upon the Parties even though the cooperative relationship has ended.
- The Parties shall maintain the confidentiality and security of Personal Data that is received from the execution of this Terms and Conditions, including but not limited to Personal Data belonging to User, Fund Recipient and/or Partner.
- Any collection, storage, utilization, transmission, disclosure, and/or deletion and/or destruction of Personal Data by the Parties shall 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 is also entitled 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 Regulation 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 the Personal Data of User and/or Fund Recipient, mechanisms for approval, revocation and deletion of data, as relevant to the execution of this Terms and Conditions.
- Partner shall submit evidence of approval from the data subject as referred to in this Article to Media, if requested by Media, Banks, electronic money disbursement service providers, and/or other fund/remittance transfer service providers, and/or authorized Government Institutions.
- Collection, storage, utilization, transmission of disclosure, and/or deletion and/or destruction of Personal Data shall be carried out only for the benefit of the data subject concerned.
- The Parties agree to handle and resolve complaints independently or jointly for each handling and resolution of complaints received.
- Each Party shall provide facilities to handle and resolve complaints submitted. Each complaint received by each Party shall go through the procedures imposed by the Party receiving the complaint.
- All complaints in connection with Fund Transfer Services shall be made in writing or verbally via email or telephone, as follows:
Media
PT Media Indonesia
Tel. : +62 21 38901800
Email : customercare@faspay.co.id
Partner
As informed by Partner 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 Fund Transfer Services and/or transactions shall 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 causes the extension to be carried out in accordance with Bank Indonesia regulations regarding consumer protection and related laws and regulations.
- The Parties are obliged to comply with Prevailing Regulations regarding consumer protection as relevant to this Terms and Conditions.
- All notifications and correspondence between the Parties regarding this Terms and Conditions shall be made in writing by registered mail, courier company, internal courier, fax, or email, and addressed as follows:
Media
PT Media Indonesia
Graha Astel
Jl. Pintu Air Raya No. 2A
Central Jakarta 10710Notices and correspondence regarding commercial aspects and continuation of cooperation:
Phone :+62 21 38901800
Email : sales@faspay.co.id
U.P. : Acquisition partnersNotifications and correspondence regarding the operational and technical aspects of the execution of Fund Transfer Services:
Phone : +62 21 38901800
Email : customercare@faspay.co.idPartner
As informed by Partner on the Faspay Registration Form.
- Notifications and correspondence are deemed to have been received, if:
- Within the period of 3 (three) Business Day after the letter has been sent by registered mail;
- Proof of receipt signed by representatives of the Parties, if the letter is sent through a courier company or by internal courier of each Party; and
- Proof sending, in case it is sent via e-mail.
- If one of the Parties intends to change the provisions as stated in paragraph (1) of this Article, the said Party shall notify the change in writing to the other Party, no later than 7 (seven) Business Day prior to the change.
- Force majeure is an event or circumstance that is beyond the control of one of the Parties or the Parties ("Force Majeure"). Included as Force Majeure events are, but not limited to the following:
- Floods, earthquakes, landslides, volcanic eruptions, tsunamis, large fires, lightning, epidemics.
- Riots, wars, riots, general strikes, demonstrations.
- The disconnection/disruption of electricity, technology and/or telecommunications networks, the malfunction of the system either partially or completely is beyond the control of each Party.
- Disruption of the banking system which results in the inability to carry out Fund Transfer Services.
- Government actions include but are not limited to the economic sector (monetary policy), changes to regulations, laws and policies of Government Institutions that hinder the execution of the fulfillment of rights and obligations by each Party based on this Terms and Conditions.
- Neither Party shall be deemed responsible for the occurrence of the condition or event of the Force Majeure.
- 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 in giving the notice shall result in the said Force Majeure event being disclaimed.
- the provisions for sending notifications regarding the occurrence of a Force Majeure as referred to in paragraph (3) of this Article, do 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 a Force Majeure has occurred with the evidence referred to in this Article, the Parties agree to resolve all rights and obligations that should have been carried out by the Parties amicably.
- If the Force Majeure occurs continuously for more than 60 (sixty) calendar days and the Party experiencing the Force Majeure event cannot continue to exercise its rights and obligations under this Terms and Conditions, then either Party may terminate the cooperative relationship unilaterally while still taking into account terms of termination of the the cooperative relationship as stated in Article 10 of this Terms and Conditions.
- The Parties agree that any kind of dispute which may arise from the cooperative relationship, this Terms and Conditions, or its execution shall be resolved by the amicable settlement to reach consensus.
- If an agreement cannot be reached through amicable settlement, then both Parties agreed to submit the dispute to the Central Jakarta District Court.
- Media always strives to provide the best service for Partner in providing Fund Transfer Services so that Media is entitled to make changes to this Terms and Conditions in order to adapt to business developments and prevailing laws and regulations in Indonesia.
- Changes to this Terms and Conditions from time to time will be uploaded to Media’s website with the obligation of prior notification, therefore Media urges Partner to read the changes to this Terms and Conditions carefully and check this page from time to time to find out any changes made.
- Changes related to Service Fee and Withdrawal Fee as referred to in Article 6 paragraph (5) and (6) of this Terms and Conditions are only to be made with 1 (one) Business Day prior written notification from Media to Partner, without the need to make Amendments/Addendums to this Terms and Conditions and/or the Faspay Registration Form.
- The Parties hereby agree that in the event of change in the Operational Terms related to the Fund Transfer Services provided by Media, it is sufficient for Media to inform Partner in advance of such changes in writing (or via email).
- In order to avoid doubt, under any circumstances, Partner understands and agrees that the most recent and prevailing version of this Terms and Conditions is the version uploaded on Media’s website. Therefore, Partner agrees not to make any claims or lawsuits in any form in connection with differences that exists with the other versions. By continuing to use the Fund Transfer Services, Partner states that it has read, understood and agreed to be bound by changes to this Terms and Conditions.
- Partner shall comply with the terms, conditions, and procedures contained in the Operational Terms which can be accessed via the following link: http://faspay.co.id/en/ftnc-ops-sendme (“Operational Terms”).
- The Operational Terms is an integral and inseparable part of this Terms and Conditions and the Faspay Registration Form. If there are differences 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 in connection with changes to the provisions as referred to in Article 17 paragraph (3) of this Terms and Conditions.
- If there is a difference in the mention of the number, size, etc. between the mention of numbers and the letters, then the mention by letters is declared binding to be implemented.
- The Parties shall respect and maintain 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 prevailing legal provisions whether registered or unregistered (“IPR”).
- Each Party hereby undertakes not to use the IPR of the other Party for purposes other than those stipulated in this Terms and Conditions without the express and written consent of the other Party.
- Except where expressly stated otherwise in this Terms and Conditions, there is no provision in this Terms and Conditions which grants, transfers or releases, or implies the granting, transfer or relinquishment of IPR owned by each Party to another Party.
- Each Party represents and warrants that it is a capable legal subject, legal entity or business entity that is legally established under prevailing laws and regulations in the country where it is established and the law in the applicable jurisdiction, capable to carry out legal actions and business activities, authorized and has the necessary license and permits to carry out its business activities and obligations based on this Terms and Conditions.
- Each Party hereby represents and warrants that its representative who signed this Faspay Registration Form is a valid/legal and authorized pursuant the Articles of Association of the company he/she represented, so from and therefore each Party mutually releases the other Party from the occurrence of demands or lawsuits from other parties regarding the signing of the Faspay Registration Form.
- The signing of this Faspay Registration Form by each Party and the execution of the rights and/or obligations of each Party based on this Terms does not and shall not violate (a) the provisions of the Articles of Association (if applicable), (b) permits/licenses, (c) agreements, deeds, contracts, or other documents in which each Party is a party to it.
- Each Party agrees to abide and cooperate with each other to comply with the CDD (Customer Due Diligence) policies adopted by each Party in accordance with prevailing laws and regulations, including but not limited to collecting all documentation and other information from consumers required for compliance with the CDD.
- Partner warrants that every document provided to Media is an official document, valid, and all information contained in the document is correct, according to the actual situation and is not an engineering or deception or lie and in accordance with the provisions or Prevailing Regulations.
- Partner hereby warrants that in connection with the execution of the cooperative relationship, Partner 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.
- Partner warrants that it agrees to follow the provisions stipulated by the Bank, third party electronic money disbursement service providers that cooperated with Media, and the regulations and/or provisions issued by competent authorities (including but not limited to Bank Indonesia, Financial Services Authority, PPATK, Indonesian Police, and other Government Institutions) related to the execution of this Terms and Conditions.
- In the event that there are claims, lawsuits and/or demands in connection with the provisions in paragraph (5) of this Article, Partner hereby warrants to be full responsible to resolving them and releases Media from all such claims, lawsuits and/or demands.
- One or more of the events mentioned below constitute 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 ("Defaulting Party") which materially affects the execution of the cooperative relationship and this matter has been notified in writing by the other Party that is harmed ("Injured Party") to the Violating Party, however 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 a material loss to the ability of the other Party’s ability to carry out its obligations under this Terms and Conditions;
- Either Party carries on a business 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 the cooperative relationship in accordance with the provisions of Article 10 of this Terms and Conditions.
- To the extent permitted by the Prevailing Regulations, the Defaulting Party is responsible and obligated to pay indemnity for all actual material losses arising from or directly suffered by the Injured Party where the loss calculation shall be carried out and agreed by the Parties. Defaulting Party protects and releases the Injured 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 indemnity 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 law, Media is hereby not responsible and Partner 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 losses, arising from or in connection with the use or inability to use the Fund Transfer Services and/or Faspay application dashboard including but not limited to, any losses resulting from it, whether Media has been notified or not about the possibility of such loss;
- Partner's mistake in providing Fund Transfer Instructions, including but not limited to mistakes on Fund Recipient data, fund amount, and multiple Fund Transfer instructions due to Partner's mistakes entering Media’s system causing double Fund Transfer transactions;
- Partner's negligence in maintaining security and confidentiality including but limited to the Faspay application dashboard account password, Transaction password, OTP and/or other security system codes that function to authenticate an action taken by Partner including in the event of Act of Abuse by another party;
- the transaction that underlies the Fund Transfer;
- the Fund Transfer transaction is not executed based on the Fund Transfer Instruction due to a lack of Prefund funds placed on Media;
- the Fund Transfer transaction is not executed based on the Fund Transfer Instruction because if it is executed it shall violate prevailing laws and regulations;
- there is an order from an authorized Government Institution or based on a prevailing laws and regulations, requiring Media to stop processing the related Fund Transfer transaction;
- the blocking of the Prefund funds placed on Mediaof Partner based on an order from an authorized Government Institution or required to be carried out by Media based on a prevailing laws and regulations;
- inaccuracies or incorrect information submitted by Partner;
- negligence or fault made by Partner while accessing and/or using Fund Transfer Services and/or Faspay application dashboard;
- use of Fund Transfer Services that are not in accordance with this Terms and Conditions or other derivative provisions;
- Media always strives to keep Fund Transfer Services in a safe, comfortable and functioning condition. However, Media cannot warrant that Fund Transfer Services shall operate continuously or that access to the Faspay application dashboard can always be perfect.
- Media cannot deny the possibility that the Faspay application dashboard at any time cannot be accessed, is under repair, or has problems that Media shall fix as soon as possible. Partner's use of Fund Transfer Services and Faspay application dashboard is at Partner's own risk. Fund Transfer Services and Faspay application dashboard are provided by Media to Partner on an "as is" and "as available" condition.
- Media refuses to warrant that the Fund Transfer Services along with the Faspay application dashboard and features in it shall operate without interruption or shall be free from minor defects or errors that do not materially affect performance, or that all the features contained in the Faspay application dashboard are designed to meet all the needs of Partner.
- Media shall take actions within reasonable limits to help resolve the problems that Partner faces in the event that there is an error in the Fund Transfer transaction that arises due to the negligence of the customers of Partner.
- Partner acknowledges and agrees that in the event of Partner suffers a loss in the use of the Fund Transfer Services which has been proven to be caused by an error or negligence of Media, then the liability of Media to Partner or to third parties is limited to the amount of Service Fee that has been paid. The maximum amount that Media shall bear under any circumstances for real (material) losses that are proven, in such case, the Parties agree that the compensation that can be provided by Media is limited to a maximum amount of the Service Fee that has been paid in connection with the Fund Transfer transaction dispute that occurred.
- Partner hereby agrees that it shall indemnify Media and hold harmless Media (including affiliates, directors, commissioners, shareholders, employees, and/or authorized representatives of Media) from any claims or demands, including reasonable legal fees, made by third parties arising from violations of this Terms and Conditions by Partner, improper use of Fund Transfer Services and/or Faspay application dashboard and/or due to violations by Partner against prevailing laws and regulations or the rights of third parties.
- Each Party individually or jointly carry out publication, advertisement, promotion, socialization and education activities regarding Fund Transfer Services at a cost based on an agreement between Media and Partner, which if necessary, material and method the execution shall be regulated in a separate minutes of agreement which shall become an integral and inseparable part of this Terms and Conditions and Faspay Registration Form.
- Partner agree that in the context of marketing and promotion activities, Media entitled to place the Partner name and logo inmarketing and promotional media as stipulated procedure in these Terms and Conditions.
- Media agree that in the context of marketing and promotion activities, Partner entitled to place the Media name and logo in marketing and promotional media as stipulated procedure in these Terms and Conditions.
- The term for using the logo of each Party as stated in paragraph (4) of this Article is as long as the cooperation between the Parties is carried out based on this Faspay Registrastion Form and Terms and Conditions.
- Partner shall not transfer the rights and obligations in this Terms and Conditions either partially or entirely to any other third parties without prior written approval from Media.
- Entire Articles. This Terms and Conditions (along with any documents referred to in this Terms and Conditions) and their respective attachments constitute the entire agreement between the Parties to this cooperative relationship and completely nullify, terminate and replace all previous negotiations, agreements and commitments, whether official or unofficial, oral or in writing, related to the subject matter of this Terms and Conditions. There are no representations, guarantees or other commitments that may be implied from any information or statements made in connection with the transactions referred to in this Terms and Conditions unless expressly stated in this Terms and Conditions.
- Partner agrees to implement this cooperative relationship in good faith and with full responsibility and shall always subject to and comply with prevailing the laws and regulations in Indonesia, including but not limited to the laws and regulations issued by Bank Indonesia and other Government Institutions.
- this Terms and Conditions shall be subject and interpreted in accordance with the prevailing laws and regulations in the Republic of Indonesia.
- Partner hereby agrees that Media shall not be responsible for any errors and/or omissions made by third parties outside Media.
- All the terms and conditions in this Terms and Conditions shall apply to and bind the Parties who signed the Faspay Registration Form, 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 Party. 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 effective date cooperative relationship based onFaspay Registration Form , any provisions of this Terms and Conditions are declared by an authorized regulatory authority or a court with competent jurisdiction to be invalid, void, illegal, become invalid or unenforceable, then the provisions said or said part shall be deemed deleted from this Terms and Conditions and the invalidity such provisions has no impact on and does not reduce the binding validity for the execution of any other provisions of this Terms and Conditions, so that other provisions of this Terms and Conditions shall remain in full force and effect. The Parties agree to replace the provisions that do not apply with new provisions that are adjusted based on further written agreement between the Parties.
- This Terms and Conditions is an English version of Syarat dan Ketentuan Layanan Transfer Dana that can be accessed in the following link: https://faspay.co.id/id/ftnc-sendme/ ("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 Partner is encouraged to refer to the Bahasa Indonesia Version. Each Party further agrees that neither Party shall 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.