Merchant Agreement

25 Aug 2020

Whereas we, the Applicant for KGP-Merchant (hereinafter referred to as the “Merchant”) wish to use the payment acceptance service via website/mobile application of Facebook Inc. (hereinafter referred to as “Facebook”, and/or other channels to be provided in the future by KASIKORN Global Payment Co., Ltd. (hereinafter referred to as the “Service Provider”), for receiving payment from the payer (hereinafter referred to as the “Payer”) with the use of payment tools in lieu of cash. The Merchant hereby agrees to comply with the Agreement for KGP-Merchant which comprises General Agreement and Specific Agreement (unless individually stated, hereinafter collectively referred to as the “Agreement”) with details as follows.


General Agreement

1. Criteria and conditions
1.1 The Merchant agrees to accept payment for goods/services via website/mobile application of Facebook and/or other channels to be provided by the Service Provider in the future from the Payer with the use of the following payment tools (unless individually stated, hereinafter collectively referred to as the “Payment Tool”) in lieu of cash.
1.1.1 Credit/debit card (unless individually stated, hereinafter collectively referred to as the “Credit Card”) issued or jointly issued by commercial banks and/or other companies or institutions (unless individually stated, hereinafter collectively referred to as the “Card Issuer”), who is a member of VISA International Service Association (hereinafter referred to as “VISA”) and/or MasterCard International Incorporated (hereinafter referred to as “MasterCard”) and/or JCB International Company Limited (hereinafter referred to as “JCB”) and/or other credit card companies and/or institutions under an agreement to be entered into by the Card Issuer as a member in the future (unless individually stated, hereinafter collectively referred to as the “Credit Card Scheme”),
1.1.2 Funds transfer wherein the Payer issues an instruction for funds transfer and/or payment for goods/services by debiting the Payer’s deposit account held with commercial banks or other institutions providing funds transfer services (unless individually stated, hereinafter collectively referred to as the “Funds Transfer Service Provider”).
1.1.3 Other payment tools, initiated or jointly initiated by commercial banks and/or other companies or other institutions which are providers of such a payment tool (unless individually stated, hereinafter collectively referred to as the “Payment Tool Provider”), which will be provided by the Service Provider in the future.
1.2 For the use of PIN or Password or Token or One-Time Password (OTP) or User Name or Staff Name or any other tools by the Merchant or through the Merchant’s staff account in order to log in to the website/mobile application of Facebook (unless individually stated, hereinafter collectively referred to as the “Funds Transfer Tool”) in order to use the services under this Agreement, including (but not limited to) the transfer of funds into or out of the account:
1.2.1 The Merchant must enter the Funds Transfer Tool every time it desires to use the service via channels as stipulated in the Agreement of which the connection requires the Funds Transfer Tool, under the terms and procedures stipulated by the Service Provider.
1.2.2 The Merchant shall keep the Funds Transfer Tool in a secure place which must be treated as confidential, and shall strictly control the users of the service via the Merchant’s staff account under this Agreement. Disclosing the Funds Transfer Tool to another person shall be regarded as a breach of the Agreement. In case of any damage caused by the Merchant and/or the user of the service via the Merchant’s staff account disclosing the Funds Transfer Tool or taking any action which makes another person know of, or receive the Funds Transfer Tool, or causes the loss of the Funds Transfer Tool, the Merchant shall be responsible for the damage that may arise therefrom.
1.2.3 The Merchant agrees and accepts that any action including (but not limited to) the application for and use of services, agreement of/revision of/change in/addition to the conditions/service/fees/the Agreement/examination/proof of identity/approval of transactions, whether performed by the Merchant or by the person using the service under the Agreement via the Merchant’s staff account or by any other person, using the Funds Transfer Tool, shall be deemed complete and valid, and shall be binding upon the Merchant as if it were conducted by the Merchant; and it shall be deemed executed by the Merchant by way of electronic signature given to the Service Provider, as an evidence for the transaction performed via the service which is complete and valid from the time the transaction is confirmed, and shall in no event be revoked or changed. The Merchant agrees to assume total responsibility and risk related to the use of the service via electronic channels which does not require any additional documents or evidence for confirmation and/or to be delivered to the Service Provider, unless otherwise stated by the Service Provider. The Merchant shall check the balance every time a transaction has been conducted.
1.3 The Merchant agrees not to allow other persons to use the service unless approval is granted by the Service Provider.
1.4 The Merchant agrees to accept payment for goods/services in amounts not exceeding the cash sales price quoted for customers in general. Any special services, including discounts or giveaways, provided by the Merchant to customers in general, shall be provided to the Payer as well.
1.5 The Merchant acknowledges that trademarks of the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider are the intellectual property of the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider. The Merchant agrees to use trademarks of the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider only for the purpose specified in the Agreement, provided that a prior written consent must be given by the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider, via the Service Provider, at any time the trademarks are used. In addition, the Merchant shall prevent and refrain from any action that may cause infringement of the trademarks and intellectual property rights of the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider.
Trademark” refers to trademarks, service marks and joint marks owned by the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider, whether registered or not, including trademarks and service marks which the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider are authorized to use, including trade names, symbols, images, messages or any other media which the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider use, or deliberately use with the Service Provider’s services intended to identify and distinguish the services under the Trademark from those of others. This includes trademarks currently being used, or to be used in the future, by the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider.
1.6 The Merchant must not require a minimum transaction amount and a fee to accept the Payment Tool from the Payer.
1.7 The Merchant shall accept all categories of the Payment Tool through requested channels; the Merchant shall not refuse to accept any Payment Tool regardless of different rates of fee charged on such Payment Tool, unless otherwise notified by the Service Provider.
1.8 The Merchant agrees to provide the Payer clear notice of customer service contact information such as telephone number, email address, the countries in which the Merchant is located, details of goods/services offered, currencies, terms and conditions of an order, delivery and cancellation policies, as well as return and warranty policies. The Merchant shall revise/change/cancel the conditions and/or details of goods/services and public relations and/or sales promotional programs in accordance with the conditions specified herein. However, if the Payer has completed a payment transaction before the revision/change/cancellation thereof becomes valid, the Merchant shall be responsible for delivering goods and/or providing services to the Payer in accordance with the existing conditions and details.
1.9 The Merchant agrees that the Service Provider and/or the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider may check the amount/credit line of the Payer and grant approval for payment acceptance as it deems appropriate. Upon being notified of the approval result, the Service Provider shall so inform the Merchant.
1.10 After the purchase of goods/services is approved, the Merchant shall deliver the goods/services/benefits to the Payer per the order of such goods/services under the conditions of the sales promotions offered and/or distributed. If the Merchant fails to deliver goods and/or services and/or benefits to the Payer per the conditions of the sales promotions offered and/or distributed, or if the Payer has a complaint about the goods/services provided by the Merchant, the Merchant shall conduct examination and be directly liable to the Payer; the Merchant accepts that no action will be taken which will cause the Service Provider to be involved with the dispute between the Merchant and the Payer. If the Merchant has any defense and/or rights to claim, the Merchant shall contact the Payer directly and separately. If the Service Provider is adversely affected by the Payer’s complaint and/or any other issue caused by a breach of the Agreement, the Merchant agrees to be fully responsible for the loss incurred to the Service Provider.
1.11 Methods and details for transfer of total payment acceptance amount with funds transfer are specified in the “Settlement” table.
If the Merchant is participating in the Purchase Protection Program in accordance with the terms and criteria determined by Facebook (hereinafter referred to as the “Purchase Protection Program”), the Merchant agrees and accepts that the funds from payment acceptance will not be transferred to the deposit account linked to the service under this Agreement until: (1) the Payer has confirmed the receipt of goods/services on the website/mobile application of Facebook and/or other channels determined by the Service Provider; or (2) it is the cut-off time for account credit as indicated in the “Settlement” table (whichever comes first). The Merchant will not receive any benefits and/or any other returns from the funds that have yet to be credited into the deposit account linked to the service under this Agreement.
1.12 Upon receiving payment for goods/services from the Payer, the Merchant shall not make payment in any form, such as cash, funds transfer, etc. to the Payer, except for void payment transactions that occur before the cut-off time per the schedule as indicated in the “Settlement” table (hereinafter referred to as “Void”), or the cancellation of payment for goods/services from the cut-off time until the time before the payment acceptance amount is credited to the deposit account linked to service under this Agreement as indicated in the “Settlement” table (hereinafter referred to as “Refund”) per the conditions established in the Agreement, and the Merchant shall not accept the Payment Tool for payment of other debts which are not incurred from purchase of goods/services from the Merchant.
1.13 Conditions for Void and Refund
1.13.1 if the Merchant wishes to void a transaction, the Merchant must undertake actions per the criteria and method as determined by the Service Provider.
If the Merchant wishes to refund the Payer who has conducted a payment transaction before the cut-off time, the Merchant’s payment acceptance transaction amount must exceed or equal the amount to be refunded. Then the Merchant can proceed to refund the amount per the method determined by the Service Provider. The Service Provider shall deduct the sum per the amount the Merchant has given notice of, from the payment amount the Merchant received after the cut-off time in order to reimburse the Payer, and shall have the remaining amount (if any) credited to the deposit account linked to the service under this Agreement.
1.13.2 If there is a problem or dispute over the void/refund transaction between the Merchant participating in the Purchase Protection Program and the Payer, and such a problem or dispute cannot be settled, Facebook will consider whether or not to settle the problem or dispute by itself. The Merchant agrees and accepts to comply with the criteria and method determined by Facebook, and it shall be at Facebook’s discretion to settle the problem or dispute which shall be deemed final, provided that it does not contradict related laws and regulations (as defined below). The Merchant shall not take any action that will cause the Service Provider to be responsible for said problem or dispute or Facebook’s discretion, or to be involved in the dispute between the Merchant and the Payer and/or Facebook and/or any other person.
1.13.3 The Merchant agrees that the Service Provider shall in no way refund the fee collected from the Merchant, and the Merchant shall pay the additional fee incurred from the void/refund (if any) to the Service Provider. The Merchant agrees to authorize the Service Provider to deduct the payment for goods/services that the Merchant has received but has not credited into the deposit account linked to the service under this Agreement for payment of the additional fees, in any event.
1.14 If the payment amount has been credited to the deposit account linked to the service under this Agreement per the conditions indicated in the “Settlement” table, if the Merchant wishes to reimburse the Payer, for any reason, the Merchant shall proceed to reimburse the Payer directly.
1.15 Whenever the Merchant delivers goods to the Payer, the Merchant shall provide a receipt or any other evidence for the recipient to sign in acknowledgement of the receipt of goods.
1.16 The Merchant shall accept payment for goods/services in accordance with the type of business which the Merchant has listed in the application with the Service Provider; the Merchant is not allowed to accept payment for goods/services other than those earlier agreed upon with the Service Provider.
1.17 If the Merchant does not choose the type of business in accordance with their type of business, goods and services, the Merchant agrees to allow the Service Provider to revise their type of business to correspond to their goods and/or services being offered at present.
1.18 If the Merchant wants to accept payment for goods/services in the amount exceeding the limit set by the Service Provider (hereinafter referred to as the “Sales Limit”) the Merchant shall seek approval from the Service Provider for the increase in the Sales Limit in accordance with the procedures determined by the Service Provider. The Service Provider may increase/decrease the Sales Limit as it deems appropriate with notice given to the Merchant.
1.19 The Merchant is responsible for issuing a receipt and/or tax invoice showing details of payment acceptance to the Payer as required by law.
1.20 The Merchant shall not disclose any information related to the Payer, payment and data system of the Service Provider, the Card Issuer, the Credit Card Scheme, the Funds Transfer Service Provider, and the Payment Tool Provider to another person, and shall not use it with other businesses unless prior written consent is given by the Service Provider or the information owner. If the Service Provider or the information owner or any other person is adversely affected by such data disclosure, undertaken by the Merchant, either intentionally or unintentionally, the Merchant shall be liable for the losses that may arise therefrom.
1.21 Concerning transactions between the Payer and the Merchant on the website/mobile application of Facebook, the Merchant agrees and accepts that the Service Provider is only the processor of data on the website/mobile application of Facebook, including (but not limited to) payment and transaction data which Facebook has submitted to the Service Provider. If there is any problem or error or loss incurred to the data or transactions related to the data, or from the use of the website/mobile application of Facebook, the Merchant shall conduct an examination and lodge a complaint directly with Facebook, and shall not take any action that would cause the Service Provider to be held liable for the problem or error or loss, or to be involved in a dispute between the Merchant and Facebook, the Payer and/or any other person. If the Merchant has any defense and/or rights to claim, the Merchant will directly and separately take an action with the counterparty.
1.22 The Merchant agrees to keep payment and transaction data and evidence related to and including (but not limited to) goods/service names, prices, warranty, evidence for payment of goods/services, goods delivery evidence, receipt, address and details of recipients of goods/services, evidence for goods/service delivery-receipt, either in physical or electronic format, in a safe place which must not be accessible or disclosed to any other person without the permission of the Service Provider or the information owner, for at least 10 years from the payment date, or the date when goods/services are received (whichever comes last), including not to sell, buy, procure, change, or undertake any action to disclose data of the Service Provider or the information owner. When the data is no longer in use, the Merchant shall delete it so that it cannot be read or reused, and if there is any violation, the Merchant shall inform the Service Provider immediately. Upon the Service Provider’s request, the Merchant shall provide data related to payment for goods/services and transactions as well as evidence related to payment for the aforesaid goods/services to the Service Provider within 15 (fifteen) days. If the Merchant cannot provide said documents to the Service Provider, for whatever reason, the Merchant shall be held responsible for any damage incurred (if any).
1.23 If one of the following incidents occurs, the Merchant shall contact the Service Provider immediately and agrees to deal with the Payer in accordance with the procedures to be later provided to the Merchant by the Service Provider, prior to the sale of goods/services to the Payer.
1.23.1 There is reason to suspect the Payer has committed fraud.
1.23.2 The Payer uses the Payment Tool which has been frozen, reported as lost, revoked or suspended by the Payer and/or the Card Issuer and/or the Funds Transfer Service Provider and/or the Payment Tool Provider and/or competent authorities.
1.23.3 There are other incidents which the Service Provider will inform the Merchant of, on a case-by-case.
1.24 Agreement for the collection, use and disclosure of information
The Merchant agrees to allow the Service Provider to collect and use the information of the Merchant provided to or via the Service Provider or held by the Service Provider, or that the Service Provider has legitimately received or obtained from, or accessed via, other sources, with the sole purpose of providing the service to the Merchant, undertaking operations per the Merchant’s request prior to service provision, assigning work to another person to support the service regarding IT, communications, collection or any other tasks, transfer of right to claim, compliance with law, risk management, supervision and audit, internal management, complaint handling and for any other purpose necessary for providing the service, as well as allowing the Service Provider to disclose such information to other companies within KASIKORNBANK FINANCIAL CONGLOMERATE, external service providers, KBank’s agents, sub-contractors, data processors, auditors, external inspectors, credit information companies, credit rating companies, asset management companies, competent authorities, , or any juristic persons having entered into an agreement with the Service Provider, and also agrees to authorize the recipient of such information from the Service Provider to collect, use and further disclose such information under said purposes only as well as to send or transfer the information to keep on a server/cloud in other countries.
Other details and rights can be found in the Data Privacy Protection Policy at www.kasikornbank.com
1.25 The Service Provider shall credit the deposit account linked to the service under this Agreement per the criteria and method of, and within the timeline determined by, the Service Provider. If the Service Provider is unable to collect the amount from the Payer and/or the Card Issuer, the Merchant agrees to be responsible for reimbursement of the amount equal to the uncollected sum, including interest at the rate of 15 (fifteen) percent p.a., from the date the Service Provider pays to the Merchant or credits the deposit account linked to the service under this agreement, until payment is fully settled with the Service Provider.
1.26 To meet the objectives of this Agreement, the Merchant gives consent to the Service Provider to send an account debit instruction to the financial institution where the Merchant has opened a deposit account as required by law (hereinafter referred to as the “Account Holding Bank”) in order to debit the deposit account linked to the service under this Agreement, without prior notice given to the Merchant, so that the Service Provider will conduct the transaction and/or carry out the procedures of this Agreement, and the Merchant shall not cancel or revoke this consent until the Merchant is released from the obligations under this Agreement.
1.27 The Merchant acknowledges and agrees that if the Service Provider has found, or there is a suspicion of, an irregular or incorrect payment acceptance transaction, and it occurs while the Service Provider is crediting the deposit account linked to the service under this Agreement, the Service Provider may put on hold the crediting of the deposit account linked to the service under this Agreement, or if the Service Provider has already credited the deposit account linked to the service under this Agreement, the Merchant agrees to allow the Service Provider to send an instruction to the Account Holding Bank to temporarily hold the amount until the Service Provider’s examination of the irregular or incorrect transaction has been completed. If the result shows that the Merchant has conducted an irregular or incorrect payment acceptance transaction, the Merchant agrees to allow the Service Provider to send an instruction to the Account Holding Bank to immediately debit the account for reimbursement.
1.28 The Merchant agrees that to provide the service under this Agreement, the Service Provider and the Merchant shall be subject to laws, rules and regulations, directives, handbook, request for cooperation and any criteria of the Service Provider, the Card Issuer, the Credit Card Scheme, the Funds Transfer Service Provider, the Payment Tool Provider, and supervisory or regulatory agencies of the Service Provider, the Card Issuer, the Credit Card Scheme, the Funds Transfer Service Provider, the Payment Tool Provider, courts of law and any other competent authorities (as the case may be), currently existing and/or to exist in the future (hereinafter collectively referred to as “Related Laws and Regulations” unless specifically specified). In case of change in Related Laws and Regulations, the Merchant agrees to comply with the Related Laws and Regulations so changed immediately after being notified by the Service Provider. If the Merchant fails to comply therewith and non-compliance has resulted in a penalty fee, damages and/or other expenses collected from the Service Provider, the Merchant agrees to be immediately responsible for such penalty fee, damages and/or expenses.
1.29 The Merchant agrees not to operate businesses or sell goods/services which are illegal or contrary to good morals or regulations of public agencies, the Service Provider, the Card Issuer, the Credit Card Scheme, the Funds Transfer Service Provider or the Payment Tool Provider, or which adversely affect the Service Provider’s image, including but not limited to:
- Goods with legal obligations such as pawned, mortgaged, hire-purchased goods
- Time-sharing business
- Counterfeit goods
- Arms or arms components
- Merchant Aggregator which links the Service Provider’s system to the that of sub-merchants or other websites which have not registered with the Service Provider
- Matchmaking/ dating business
- Gambling
- Cigarettes, tobacco or other addictive substances
- Pornography or other sex-related services
- All types of drugs and medical equipment sold under prescription
1.30 The Merchant shall not perform any action to circumvent Related Laws and Regulations, including (but not limited to) payment acceptance without actual trade and/or services, money laundering or division of payment amount to be accepted for purchased goods/services so that it does not exceed the limit set by law.
1.31 If the Service Provider cannot collect payment from the Payer, and/or the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider, the Merchant agrees to be responsible for reimbursement in the amount equal to the uncollected sum, including interest at the rate of 15 (fifteen) percent, p.a., from the date the Service Provider pays to the Merchant or credits the account linked to the service under this Agreement, until payment is fully settled with the Service Provider.
1.32 If the Merchant is required to reimburse and/or make compensation and/or debt payment to the Service Provider under this Agreement, the Merchant agrees to authorize the Service Provider to send an instruction to the Account Holding Bank to debit the deposit account of any type that the Merchant holds with the Account Holding Bank or the sum under the possession, care and/or authority of the Account Holding Bank, regardless of how the Account Holding Bank has obtained such possession, care and/or authority, for payment of debt and/or liabilities of the Merchant immediately, without giving prior notice.
If funds in the deposit account and/or aforesaid funds are insufficient for account debiting for payment of debt, the Merchant agrees to pay the outstanding debt to the Service Provider in full.
1.33 If the Merchant gives notice of a change in the deposit account linked to the service under this Agreement, at any time, for whatever reason, this Agreement shall be fully applied to the new deposit account.
1.34 If the Account Holding Bank cannot debit the deposit account linked to the service under this Agreement to allow the Service Provider to conduct transactions and/or perform the operations per the procedures of this Agreement and/or for payment of debt and/or to settle liability of the Merchant under this Agreement and/or to Facebook, the Merchant is not allowed to use the service in such a case.
1.35 The service under this Agreement is used via the Funds Transfer Tool of Facebook, and the Service Provider has no involvement with a contract, requirements, or rights and duties between the Merchant and Facebook. If there is a problem or error related to the use of the Funds Transfer Tool or loss incurred from the use of the Funds Transfer Tool or the action or abstention from action by Facebook, the Merchant shall conduct an examination and lodge a complaint directly with Facebook, and shall not take any action that would cause the Service Provider to be liable for the problem or error or loss, or to be involved with the dispute between the Merchant and Facebook and/or any other person. If the Merchant has any defense and/or rights to claim, the Merchant will directly and separately take an action with the counterparty.
1.36 The Merchant agrees and acknowledges that the Service Provider shall perform operations per the instruction/request/any details the Service Provider has received via website/mobile application of Facebook under this Agreement. The Service Provider has no duty to verify the accuracy and the completeness of said instruction/request/details, including (but not limited to) the data about payment for goods/services, that the Service Provider has received. The Service Provider shall not be responsible for any loss incurred from the operation under said instruction/request/details.
1.37 The Merchant agrees that if payment for goods/services or funds transfer transactions have been conducted via services under this Agreement as a result of lost or stolen Funds Transfer Tool, the Merchant shall be liable for the amount which was paid/transferred before the Service Provider completely freezes or withholds the use of the Funds Transfer Tool or payment for goods/services or scheduled funds transfer within the established timeline.
1.38 To comply with the regulations of the Anti-Money Laundering Office (AMLO), the Merchant affirms that the application for this service by the Merchant under this Agreement is intended for operation of an online business on the website/application of Facebook, and the Merchant’s office address is identical to the address given to the Service Provider in the application for the service of accepting payment for goods/services on Facebook, and the Merchant’s income is derived from sales of goods online in Thailand in the estimated amount of around 50,000 (fifty thousand) Baht per month. The Merchant is the ultimate beneficial owner the service under this Agreement. If the Service Provider or competent authorities seek additional information or documents, the Merchant agrees to provide them upon request.
1.39 The Merchant accepts that any document, data or detail that has been found and/or delivered to the Service Provider, regardless of format, and whether it has been submitted by the Merchant or the Merchant’s assignee, belongs to the Merchant, and is complete, true and up-to-date, which the Service Provider may use for providing the services under this Agreement and for updating data in the Service Provider’s system. The Merchant has the right and is legally competent to request the use of any service and transaction related to the services under this Agreement, and the Service Provider has no duty to verify the completeness, accuracy and recentness of the documents, data and details. If any damage arises from the fact that the documents, data or details are not complete, true or up-to-date, the Merchant neither has the right nor is legally competent to request any service or transaction related to the services under this Agreement; the Merchant shall have sole responsibility for the damage.
1.40 Unless the Service Provider has stated otherwise, if the Merchant finds any error from operations, or if there is any cause for temporarily suspending operations related to the services under this Agreement, either entirely or partially, or if the operations are to be suspended, the Merchant may call the Contact Center at 02-008-8820 throughout 24 hours.After the Merchant has completely undertaken operations per procedures determined by the Service Provider, the Service Provider agrees to undertake related operations such as examine/rectify the error, cancel or proceed with the operations within the period informed to the Merchant, and the Merchant shall remain responsible for the operations and transactions that have been conducted before the end of the period specified by the Service Provider to completely suspend the operations as instructed. The Service Provider reserves the right to disregard any request which is contrary to Related Laws and Regulations.
1.41 If an error in making funds transfer and/or sending an account debit instruction to the Account Holding Bank to debit the deposit account linked to the service under this Agreement is not caused by the Service Provider, the Merchant agrees to examine the error and directly claim the amount from, or reimburse the sum to, the Merchant’s disputing party. If the Merchant has any defense and/or rights to claim, the Merchant will directly and separately take an action with the disputing party.
1.42 In case of force majeure or any other causes that prevent the Service Provider from providing the services under this Agreement, the Merchant agrees that it shall be at the Service Provider’s discretion to provide the services or take any action as it deems appropriate to comply with this Agreement; the Merchant agrees to fully cooperate with the Service Provider in every way to improve the service method of the Service Provider which is intended to facilitate the Merchant in using the services under this Agreement.
1.43 The Merchant agrees to allow a representative of the Service Provider and/or the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Provider and/or the Payment Tool Provider and/or the Bank of Thailand and/or auditor and/or regulatory agencies which supervise the Service Provider to examine the Merchant’s operations and internal control system, and to request data and documentary evidence related to the payment accepting service under this Agreement, upon request.
1.44 Under Item 4 of the General Agreement, If (1) The Service Provider launches or takes part in the launch of a service and/or a project related to the services under this Agreement and/or the Payment Tool and/or other payment accepting channels; and/or (2) The Service Provider accepts payment for goods/services with other payment tools, regardless of their name, after this Agreement has been executed; and/or (3) The Service Provider has changed the terms and conditions of services under this Agreement and/or the terms and conditions of the services and/or the terms and conditions of the project and/or the terms and conditions for acceptance of payment for goods/services with the Payment Tool and/or payment accepting channels and/or handbooks (if any), the Service Provider shall inform the Merchant of the change together with terms and conditions as well as the handbooks (if any) so changed. If the Merchant has used the service and/or accepted the operation under the project and/or accepted payment for goods/services with the Payment Tool and/or used the payment accepting channels, per the criteria established by the Service Provider, the Merchant agrees that this Agreement and any amended agreement in the future, including terms and conditions for the service and/or for the project and/or for acceptance of the Payment Tool and/or payment accepting channels, as well as a handbook for acceptance of the Payment Tool and/or payment accepting channels (if any), shall apply to the service and/or the project and/or the Payment Tool and/or payment accepting channels, in all respects; the Merchant shall not further enter into any written agreement with the Service Provider.
1.45 The Merchant agrees that the Service Provider may transfer the rights and/or benefits and/or duties, either in whole or in part, under this Agreement to any individual and/or financial institution, as the Service Provider deems appropriate, without any consent from the Merchant, but with notice given to the Merchant. Nonetheless, the Merchant cannot transfer the rights and/or benefits and/or duties, either wholly or partly, under this Agreement to any individual and/or financial institution, unless a prior written consent is given by the Service Provider, per the procedures determined by the Service Provider.
1.46 Any delays or exemptions in exercising rights under the law or the terms and conditions, including handbooks, procedures and the Service Provider’s IVR system, shall not be regarded as the Service Provider’s relinquishing such rights or as the Service Provider’s giving the Merchant consent to perform any act.
1.47 The Merchant shall facilitate, and provide cooperation for, the examination of payment details upon request from the Payer and/or the Service Provider. In case of any inquiry, the Payer may call the Contact Center at 02-008-8820 throughout 24 hours.
1.48 Any letter, notice, terms and conditions or information which (a) the Service Provider has sent to the Merchant via Facebook, or (b) the Service Provider cannot send via Facebook, but has sent by hand or by postal mail, either registered or unregistered, to the address specified in the website/mobile application of Facebook and/or via other channels determined by the Service Provider, or via email to the email address specified in the website/mobile application of Facebook and/or other channels specified by the Service Provider, or short message service (SMS) to the mobile phone number specified in the website/mobile application of Facebook and/or other channels determined by the Service Provider (unless individually stated, they are hereinafter collectively referred to as the “Channel for Receiving Information”), shall be deemed as having been rightfully sent to the Merchant, regardless of whether or not such a letter, notice or information is received; even though it cannot be delivered due to the relocation or demolition of, or change in, the Channel for Receiving Information, without any notification of the relocation, change or demolition given to the Service Provider; or such a letter, notice or information cannot be sent because the Channel for Receiving Information cannot be located, it shall be deemed that the Merchant has rightfully received the letter, notice or information, and has acknowledged its content. In case of any relocation or demolition of, or other change in, the Channel for Receiving Information, the Merchant shall immediately inform the Service Provider of the change, in writing.
1.49 If the Specific Agreement does not specifically include details of any issue, the General Agreement shall be applied. If the Specific Agreement specifically includes details of any issue, or is contrary to, or does not correspond with the General Agreement, the Specific Agreement shall prevail. Nonetheless, if neither the General Agreement nor Specific Agreement is found to be clear, the Merchant agrees to comply with the Service Provider’s decisions, in all respects.
1.50 Whenever the terms and conditions for the use of services under this Agreement become void, illegitimate, invalid or unenforceable, the other remaining terms and conditions (as the case may be) shall remain legally valid and enforceable; they shall not be affected by voidability, illegitimacy, invalidity or unenforceability of those terms and conditions.
1.51 This Agreement shall be governed by and construed in accordance with Thai law, and the court of competent jurisdiction in Thailand will have exclusive jurisdiction in case of dispute under this Agreement.
1.52 If the Merchant is a registered juristic person, the Agreement shall be regarded as an integral part of the Application for KGP-Merchant for the purpose of opening the payment acceptance service on Facebook.
1.53 The Merchant acknowledges and agrees that change in the terms and conditions under this Agreement shall be undertaken via Facebook, and the Merchant shall proceed to accept the terms and conditions so changed via the Funds Transfer Tool.
2. Fees/Service Charges/Expenses/Penalty Fees/Taxes and Stamp Duties
2.1 The Merchant agrees to pay remuneration for using the service regardless of whether it is called a fee, service charge or another name within the due date for payment of respective remuneration.
2.2 The Merchant agrees to be solely responsible for the costs, taxes, duties and any expenses related to the service (if any). If the Service Provider has to make advance payments for the costs, taxes, duties and/or such expenses mentioned in the preceding paragraph on behalf of the Merchant (if any), the Merchant agrees to repay them to the Service Provider immediately.
3. Withholding taxes
In case the Merchant is registered as a juristic person, the Merchant authorizes KBank to deduct withholding taxes on collection fees, beginning with the first payment acceptance transaction submitted to KBank for payment, to issue and sign Withholding Tax Certificates, and to file withholding tax forms on the Merchant’s behalf.
If either the Merchant or the Service Provider wishes to discontinue the KGP-Merchant service, under any circumstances, the Merchant’s authorization of the Service Provider to deduct withholding taxes on behalf of the Merchant shall automatically be withdrawn as well.
4. Change in Conditions of Service
4.1 If the change in conditions of service usage causes the Merchant to incur more burden or risk, such a change shall require prior consent from the Merchant.
4.2 If other conditions are to be changed, the Merchant agrees to authorize the Service Provider to make the change as it deems appropriate. If the change affects the Merchant’s use of the service (such as adjustment of service fees to reflect rising costs, change to service channels, change to due date), the Service Provider shall expressly communicate, or give notice of, material information of the change to the Merchant at least 30 (thirty) days in advance or within the period required by law.
4.3 If the Service Provider is required by Related Laws and Regulations to proceed with a change in other specific conditions, the Merchant agrees to authorize the Service Provider to act in compliance therewith.
5. Service suspension/termination /result of service termination
5.1 The Merchant agrees to authorize the Service Provider to suspend and/or terminate the services under this Agreement, whether in whole or in part, or for any particular Merchant, at any time, with prior notice given to the Merchant. Regarding the following incidents, the Merchant agrees that, at the Service Provider’s discretion, the Service Provider can immediately suspend and/or terminate the services under this Agreement, whether in whole or in part, as the Service Provider deems appropriate, without prior notice. The Merchant agrees that the Service Provider will not be held responsible for any damages caused by the following (if any):
5.1.1 The Merchant has provided any inaccurate and untruthful information, details, certification or confirmation, or they may cause any material misunderstanding.
5.1.2 The Merchant’s monthly amount of payment for goods/services has reached the Sales Limit and/or the Merchant incurs unusual payment acceptance transactions.
5.1.3 There is any factual information that leads the Service Provider to believe that the information and/or details that the Merchant has given to the Service Provider in order to proceed with, or to provide payment acceptance service may cause negative impacts or affect the rights of the Service Provider or of the third party, or there is a risk that the Merchant may have an unlawful intention, or it is detrimental to public order and morality, or cause the Service Provider to breach any laws and/or requirements and/or orders and/or requests for any cooperation as well as regulations or instructions of the Card Issuer, the Credit Card Scheme, the Funds Transfer Service Provider, the Bank of Thailand, the auditor and/or regulatory agencies which supervise the Service Provider.
5.1.4 The Merchant has breached any item of this Agreement including a failure to pay for fees/service charges/expenses/penalty fees/taxes and stamp duties (if any) incurred.
5.1.5 Any of the following events has occurred or may occur, and it may affect the Merchant’s business operations or debt servicing ability: The Merchant has negative shareholders’ equity or the Merchant has defaulted on debt payments with the Service Provider or other creditors, or the Merchant has been sued in a civil or bankruptcy case, or there is a request for business rehabilitation to the Bankruptcy Court or the Merchant is subject to a criminal case, or the Merchant’s property has been seized/attached by the orders of competent authorities or government agencies, or in the event of the Merchant’s death (natural person) or ceasing operations with its license revoked, or its business is suspended or liquidated.
5.1.6 The Service Provider cannot send an instruction to the Account Holding Bank to deduct funds to make a refund and/or compensation and/or debt repayment to the Service Provider/Facebook, and/or to allow the Service Provider to provide services in accordance with this Agreement.
5.1.7 The Service Provider shall comply with the law, regulations, requirements or orders and/or requests for cooperation from a court of law or competent authorities, the Bank of Thailand or regulatory agencies which supervise the Service Provider.
5.2 In case the Merchant wishes to terminate the service under this Agreement, the Merchant shall inform the Service Provider and/or Facebook in advance via channels as specified by the Service Provider, and shall proceed according to the Service Provider’s procedures. The Merchant shall submit the request for transfer of total amount of remaining payment acceptance for goods/services (if any) so that the Service Provider will transfer the same amount of funds to the deposit account linked to the service under this Agreement. The Service Provider shall proceed to quickly terminate the service as desired by the Merchant.
5.3 The termination of this Agreement, for whatever reason, shall not release the Merchant from outstanding obligations under this Agreement until such obligations are completely fulfilled.
5.4 If the status of the Merchant under this Agreement is terminated, for whatever reason, the Service Provider has the right to inform the Card Issuer and/or the Credit Card Scheme and/or the Funds Transfer Service Providers and/or the Payment Tool Provider of the termination in all respects.

Specific Agreement

Agreement for Payment Acceptance with Card
1. The Merchant shall display a message to request the Payer’s consent for collection via credit card, the number of which has been provided to the Service Provider.
2. If the Merchant wishes to void or refund the transaction, the Merchant shall do so in accordance with the criteria and methods determined by the Service Provider within the cut-off time indicated in the “Settlement” table.
If the Merchant wishes to refund the Payer who has made a payment transaction before the cut-off time, the Merchant must ensure that the amount of payment transactions after the cut-off time is more than or equal to the amount to be refunded to the Payer, and the Merchant will issue a refund per the method determined by the Service Provider. The Service Provider shall deduct the funds per the amount notified by the Merchant from the payment amount the Merchant has received after the cut-off time to reimburse the Payer, and shall credit the remaining amount (if any) the Merchant has received for payment for goods/services into the deposit account linked to the service under this Agreement.
The Merchant agrees that the Service Provider is not required to return the fee already collected from the Merchant. In any event, the Merchant agrees to not return payment for goods/services received in cash, cheque and/or debt instrument to the Payer.
3. For the following cases:
3.1 The Service Provider has already accepted payment via credit card but it is later found that the credit card is counterfeit.
3.2 The Service Provider has reason to question the legitimacy of use and/or the validity of a credit card, and/or later detected fraud in the use of the credit card.
3.3 The recipient has experienced a delay in goods delivery, or has not received the goods, and the Merchant cannot present a receipt of delivery, or the recipient has not received the goods for whatever reason.
3.4 The Merchant fails to procure or deliver goods/services, and/or the procured or delivered goods/services are inferior in quality, defective, incomplete and inaccurate or are in contravention of the purchase agreement between the Merchant and Payer, thus causing the Payer to refuse to accept the goods/services and eventually seek to terminate that agreement on the purchase of goods/services.
3.5 The Payer denies that the Payer has made a payment transaction.
3.6 There are any other reasons preventing the Service Provider from collecting funds, or any other reasons that require the Service Provider to repay the Payer.
The Merchant agrees to authorize the Service Provider to refuse payment or not to credit into the deposit account linked to the service under this Agreement. However, if the Service Provider has already collected payment from the Payer and paid to the Merchant or credited to the aforesaid deposit account, the Service Provider shall reimburse the collected sum to the Payer in full. The Merchant agrees to reimburse the sum to the Service Provider at the amount equal to that the Service Provider has returned to the Payer, together with interest at the rate of 15 (fifteen) percent p.a. from the date the Service Provider has paid to the Merchant or credited into the aforesaid deposit account until the payment is fully settled with the Service Provider.
If the Merchant can prove that the Payer has made a purchase order for the goods or the service with the Merchant, the Merchant is entitled to later request that the Payer make reimbursement.
4. The Merchant shall not keep the Payer’s credit card data such as credit card numbers, expiration date and CVV number of the Payer, in whatever form, and the Merchant shall be prudent in safeguarding other relevant information of the Payer in a place inaccessible by unauthorized persons. The Merchant shall be fully liable for any damage identified by the Credit Card Scheme or the Payer and agrees to compensate the Service Provider for any penalty fees and/or losses that may arise, in full.
5. If the Merchant wishes to keep the Payer’s credit card data, the Merchant must receive prior consent from the Service Provider and must comply with Payment Card Industry Data Security Standard (PCI DSS) wherein the Merchant must have in place a data storage format that strictly meets the standards established by the Service Provider and the Credit Card Scheme. If the Merchant fails to comply with such procedures, causing the Service Provider to pay a penalty fee to the Credit Card Scheme and/or damages to other persons, the Merchant shall be responsible for the full amount of that penalty fee or damages on behalf of the Service Provider.
6. If the Service Provider detects that the Merchant or the store owner, including persons related to the Merchant, has used their own credit card to place purchase orders for goods/services from their own store at a frequency or number of transactions deemed unusually high and/or not for the purpose of purchasing goods/services from the Merchant but for seeking other benefits, the Service Provider is entitled to rescind the Merchant’s membership immediately, and if the Service Provider has been damaged by the use of such credit cards, for whatever reason, the Merchant agrees to indemnify the Service Provider in full. However, this shall not prevent the Service Provider from taking legal action against the Merchant.
7. If an incorrect card acceptance transaction is submitted to the Service Provider for settlement, the Service Provider is entitled to withhold the payment to the Merchant; or if the Service Provider has already credited the Merchant’s account, the Merchant agrees to allow the Service Provider to send an account debit instruction to the Account Holding Bank to debit the deposit account linked to the service under this Agreement to immediately reimburse the Payer or the Card Issuer without giving prior notice.
If the Merchant has submitted an invalid credit card acceptance transaction that is in contravention of this Agreement, and it has credited into the account of the Service Provider, it shall not be deemed that the Service Provider is in agreement with such action. The Service Provider is entitled to rescind or refuse the account credit or reverse such a transaction immediately after the Service Provider has detected the invalid credit card acceptance transaction. The Merchant agrees not to use that invalid credit card acceptance transaction as evidence to claim that the Service Provider has agreed to allow the Merchant to carry out that transaction.
8. Even if the Agreement ends, for whatever reason, the Merchant agrees that Items 1.26 and 1.32 of the General Agreement will remain in effect for at least 18 months from this Agreement’s expiry date, or within a shorter period, as deemed appropriate by the Service Provider so as to allow the Service Provider to wait for the collection of uncollected funds per the purchase orders for goods/services and/or any other documents/evidence the Merchant has agreed upon with the Service Provider, and/or debt, obligations, damages and/or other expenses, incurred or to be incurred by the Merchant in accordance with this Agreement/as earlier agreed upon with Facebook.
Agreement for Payment Acceptance with Funds Transfer
1. The Merchant shall accept payment for goods/services from the Payer with funds transfer. The Payer may prepare an instruction for funds transfer, and/or make payment by debiting the Payer’s deposit account held with the Funds Transfer Service Provider.
2. The Merchant shall notify the Payer of the prices of goods/services in Thai Baht.
3. The Merchant shall submit the information of goods/services, as well as its payment information, to the Service Provider by showing information about the Merchant/goods/services so that the Payer will select and make payment with funds transfer.
4. The Merchant agrees and accepts that the Service Provider has no duty to examine the accuracy and completeness of any information, including (but not limited to) the payment information provided by the Merchant/Payer.
5. Once the Payer has processed the payment for goods/services, the Funds Transfer Service Provider shall debit the Payer’s deposit account per the amount processed by the Payer immediately. The Service Provider shall park such funds in Service Provider’s deposit account; thereafter crediting the funds into the deposit account linked to the service under this Agreement in accordance with the conditions set forth in the “Settlement” table.
Settlement Table
Settlement Payment tools
Credit/debit card Funds transfer
VISA, MASTERCARD, JCB Card KBank Other commercial banks/institutions
Cut-off time 9:00 p.m.
Account credit Within the next day after cut-off time
Account credit for the Merchant under the Purchase Protection program Within seven days after cut-off time

Remarks: The Service Provider will credit into the deposit account linked to the service under this Agreement for the Merchant the amount less fee, VAT and withholding tax (if any). The Merchant shall not receive any benefit and/or return from the amount for goods/services which has not been credited to the deposit account linked to the service under this Agreement.