Merchant Agreement

Whereas we, the Applicant for 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 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, payment for goods/services, funds transfer, 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 used for sale transactions, terms and conditions of an order, delivery and cancellation policies, as well as return and warranty policies.
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 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 wherein the Payer has made payment or agreed to make payment, and the payment transaction has not been transferred to the deposit account linked to the service under this Agreement (hereinafter referred to as “Void”), or acceptance of returned goods/termination of service for which the Payer has made payment or agreed to make payment, and the payment transaction has been transferred to the deposit account linked to the service under this Agreement (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.
In case of goods return, service cancellation, discount on goods prices, or any other cases which require the Service Provider to deduct the Merchant’s funds to reimburse the Payer, the Service Provider is not required to return the fee which has been collected.
1.12 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.
1.13 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.
1.14 If the Merchant wishes to change type of business and/or goods/services offered and/or sales and/or service method and/or payment method and/or other data and/or other details, the Merchant shall so inform the Service Provider through the method and within the period designated by the Service Provider, and must receive approval from the Service Provider before accepting payment for goods/services from the Payer. If the Merchant wants to add types of services, the Merchant may call the Contact Center at 02-008-8820, 24 hours a day during business days of the Service Provider, in order to proceed with the procedures designated by the Service Provider.
1.15 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 without consent from the Merchant.
1.16 The Merchant is responsible for issuing a receipt showing details of payment acceptance to the Payer.
1.17 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.
1.18 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.
1.19 The Merchant agrees to keep data of payment, transactions and evidence related to delivery of goods/services including (but not limited to) goods/service names, prices, warranty, goods/services receipt, goods delivery evidence, receipt, address and details of recipients of goods/services (if any), 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 transaction date, 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.
1.20 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.
1.20.1 There is reason to suspect the Payer has committed fraud.
1.20.2 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.
1.20.3 There are other incidents which the Service Provider will inform the Merchant of, on a case-by-case.
1.21 Consent to collect, use and disclose the information
1.21.1 The Merchant agrees to authorize the Service Provider to collect and use the information of the Merchant provided to or held by the Service Provider, or that the Service Provider has received or gained access to via other sources, including the information related to deposit accounts, credit, transactions, race, ethnicity, political opinions, cults, religions or philosophy, sexual behavior, criminal records, health data and any other information required by competent agencies or committees (herein collectively referred to as the “Information”) for the purposes of business management of the Service Provider, the introduction of products, services, and special offers to the Merchant, compliance with laws, the hiring or assigning of a third party to act on behalf of the Service Provider regarding IT, communications, collection or any other task, either in whole or in part, and for other legal purposes of the Servicer Provider.
1.21.2 The Merchant agrees to authorize the Service Provider to disclose the Information to Facebook, KASIKORNBANK FINANCIAL CONGLOMERATE, data processors and competent authorities for the abovementioned purposes, and shall give consent to the person who receives the Information from the Service Provider to collect, use and further disclose the Information per the purposes as mentioned above or as notified to the Service Provider (excluding the Information disclosed by the Information recipient for the purpose of presenting products, services and special offers from the Service Provider).
1.21.3 The Merchant agrees to authorize the Service Provider to send or transfer the Information to other countries.
1.21.4 If the Service Provider wishes to collect, use and disclose additional Information of the Merchant, the Merchant agrees to provide the Information to the Service Provider as requested, and the additional Information given later shall be under this Agreement.
1.21.5 The Merchant acknowledges that the Merchant can contact the Service Provider by calling 02-008-8820.
1.22 The Service Provider shall credit the Merchant’s 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 later 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 percent p.a., from the date the Service Provider pays to the Merchant or credits the Merchant’s account linked to the service under this agreement, until payment is fully settled with the Service Provider.
1.23 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 Merchant’s deposit account linked to the service under this Agreement, without prior notice given to the Merchant, so that the Service Provider will proceed through the procedures of this Agreement, and for payment of debt and/or to settle the liability that the Merchant has with the Service Provider/Facebook; such consent shall remain valid until the service is terminated.
1.24 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.
1.25 The Merchant agrees that to provide the service under this Agreement, the Service Provider and the Merchant shall be subject to laws, handbook, rules and regulations or requirements/conditions of the Service Provider, the Card Issuer, the Credit Card Scheme, the Funds Transfer Service Provider, the Payment Tool Provider, and regulatory agencies which supervise the Service Provider, the Card Issuer, the Credit Card Scheme, the Funds Transfer Service Provider and the Payment Tool Provider, currently existing and/or to exist in the future. Therefore, whenever there is a change in laws, rules and regulations or any requirements/conditions, the Merchant agrees that the service under this Agreement shall be subject to the laws, handbook, rules and regulations or any requirements/conditions so changed immediately, of which the Service Provider shall give notice on a case-by-case basis.
1.26 The Merchant agrees not to operate businesses and 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
- Matchmaking business
- Pornography
- Gambling
- Time-sharing business
- Cigarettes, tobacco or other addictive substances
- Counterfeit goods
- Pornography or sex-related services
- Arms or arms components
- All types of drugs
- 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
1.27 The Merchant agrees to comply with laws, rules and regulations, and related requirements and shall not perform any action to circumvent the laws, rules and regulations or related requirements, 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.
1.28 If the Merchant engages in the sales of goods/services which are subject to payment of value-added tax (VAT), and its tax base value per year is subject to VAT as required by the Revenue Code or related laws, the Merchant agrees that if the Merchant has sold products/services and 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. If the Service Provider has already credited the deposit account linked to the service under this Agreement, the Service Provider is entitled to send an instruction to the Account Holding Bank to temporarily hold the amount until the Merchant has undertaken the VAT registration per the criteria, methods and conditions required by relevant laws, and shall submit a copy of VAT registration to the Service Provider as evidence within the period determined by the Service Provider. The Merchant agrees to authorize the Service Provider to send a copy of VAT registration to Facebook. However, if the Merchant fails to send a copy of VAT registration to the Service Provider within the period determined by the Service Provider as mentioned above, the Merchant agrees to authorize the Service Provider to withhold and/or immediately terminate the service under this Agreement with the Merchant without prior notice. The Service Provider shall deposit the amount being put on hold to the deposit account linked to the service under this Agreement or send an instruction to the Account Holding Bank to unhold the amount.
1.29 If the Merchant violates or does not comply with the Agreement and/or terms and conditions established by 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 for payment of goods/services via the system 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, already available or to be available in the future, the Service Provider may withhold and/or terminate the service under this Agreement provided to the Merchant immediately, without prior notice. If the violation or non-compliance prevents the Service Provider from collecting 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, and/or penalty fee and/or damage and/or other expenses (if any) have been collected from the Service Provider, the Merchant agrees to be responsible for reimbursement in the amount equal to the uncollected sum and/or the penalty fee and/or damage and/or other expenses incurred, including interest at the rate of 15 percent, p.a., from the date the Service Provider pays to the Merchant or credits the Merchant’s account, or the Service Provider pays penalty fee and/or damage and/or said expenses until payment is fully settled with the Service Provider.
1.30 In case an employee or officer of the Merchant directly or indirectly commits fraud and/or participates with others in committing fraud preventing the Service Provider from collecting 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 reimburse the Service Provider an amount equal to the uncollected sum, together with interest at 15 percent, p.a., from the date the Service Provider paid the Merchant or credited the Merchant’s account until payment is fully settled with the Service Provider.
1.31 If the Service Provider, at its sole discretion, sends an account debit instruction to the Account Holding Bank to debit the deposit account linked to the service under this Agreement for conducting transactions per this Agreement, or if the Merchant has to reimburse and/or make compensation and/or debt payment to the Service Provider per this Agreement/Facebook, the Merchant agrees to authorize the Service Provider to send an instruction to the Account Holding Bank to set aside the deposit or withhold withdrawal and debit the deposit account linked to the service under this Agreement and/or any other account of the Merchant held by the Account Holding Bank and/or any amount owned by the Merchant, or the Merchant is entitled to receive from the Service Provider and/or the Account Holding Bank, for immediate payment of debt including all interest (if any).If there are no or insufficient funds in all types of deposit accounts, and/or any amount of the Merchant is insufficient for settlement of debt, the Merchant agrees to pay to the Service Provider the outstanding debt.
1.32 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.
1.33 If the Account Holding Bank cannot debit the Merchant’s account to allow the Service Provider to 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.
1.34 The Merchant agrees that services and related operations including service channels under this Agreement which are provided by the Service Provider are intended to facilitate the Merchant. Concerning liability for related transactions, either the Merchant or the Service Provider shall be liable to the other party for damage which has been caused by their own mistake or negligence or non-compliance or illegal action, but shall not be liable to the other party for damage which has been caused by force majeure or any other causes which are outside of their authorization or control.
In addition, 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.
1.35 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.
1.36 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.
1.37 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.
1.38 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.
1.39 Unless the Service Provider has stated otherwise, if the Merchant finds any error from operations, or if there is any cause for temporarily withholding operations related to the services under this Agreement, either entirely or partially, or if the operations are to be withheld, 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 withhold 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 withhold the operations as instructed. The Service Provider reserves the right to disregard any request which is contrary to requirements/regulations of the Service Provider, public agencies, regulatory agencies supervising the Service Provider and/or the Bank of Thailand.
1.40 If there is an error in making funds transfer to and/or sending an account debit instruction to the Account Holding Bank for debiting the account linked to the service under this Agreement, for whatever reason, the Merchant agrees to authorize the Service Provider to correct the error, as the Service Provider deems appropriate to correct the error immediately, without prior notice to the Merchant.
1.41 If there is an error in account debit and/or funds transfer, and the error is not caused by the Service Provider, the Merchant agrees to directly claim the amount from, or reimburse the sum to, the counterparty; the Merchant renounces the right to demand that the Service Provider debit or withdraw the counterparty’s account for reimbursement to the Merchant, and also renounces the right to demand or sue the Service Provider for compensation. The Merchant also accepts that the Merchant shall not take any action that will cause the Service Provider to be involved with the dispute between the Merchant and the counterparty. If the Merchant has any defense and/or rights to claim, the Merchant will directly and separately take an action with the counterparty.
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 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), which has affected the Merchant’s benefits, 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. 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.
2. Fees/Service Charges/Expenses/Penalty Fees/Taxes and Stamp Duties
2.1 The Merchant agrees to pay fees/service charges/expenses/penalty fees (if any) related to the use of services established and notified by the Service Provider to the Merchant, which are currently provided or to be provided or changed in the future, as the Service Provider deems appropriate.
The Merchant acknowledges and agrees that it is at the Service Provider’s sole discretion to change fees/service charges/expenses/penalty fees and/or calculation method at any time as the Service Provider deems appropriate, and the change will be informed to the Merchant by the Service Provider or posted at the Service Provider’s website on a case-by-case basis, which shall be regarded as a part of this Agreement. If the change benefits the Merchant, it is not necessary for the Service Provider to inform the Merchant in advance, and it shall be deemed that the Merchant fully agrees to the change.
2.2 The Merchant shall be solely responsible for payment of taxes, stamp duties, expenses and any other costs that may come due in compliance with law.
2.3 If the Merchant fails to pay fees/service charges/expenses/penalty fees/costs (if any) as established in this Agreement, and/or as earlier agreed upon with Facebook, the Merchant agrees to accept that it has outstanding debt in the said amount with the Service Provider and/or Facebook, and the debt is due immediately. The Merchant agrees to repay the debt to the Service Provider and/or Facebook together with interest at the rate of 1.5 percent, p.a., until the debt is fully settled with the Service Provider and/or Facebook.
3. Change/Suspension/Termination of Service
3.1 The Merchant agrees that the Service Provider is entitled to change the terms and conditions of this Agreement as the Service Provider deems appropriate and will inform the Merchant from time to time by considering that they are a part of this Agreement.
3.2 The Service Provider has the right to suspend and/or change 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 change and/or terminate the services under this Agreement, whether in whole or in part, as the Service Provider deems appropriate. The Merchant agrees that the Service Provider will not be held responsible for any damages caused by the following (if any):
3.2.1 The Merchant has provided any inaccurate and untruthful information, details, certification or confirmation, or they may cause any material misunderstanding.
3.2.2 The Merchant’s monthly amount of payment for goods/services has reached the Sales Limit and/or the Merchant incurs unusual payment acceptance transactions.
3.2.3 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.
3.2.4 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.
3.2.5 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.
3.2.6 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.
3.2.7 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.
3.3 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.
3.4 The termination of this Agreement, for whatever reason, shall not abrogate the Merchant’s outstanding obligations under this Agreement until such obligations are completely fulfilled.
3.5 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.
3.6 In the event of termination of this Agreement, for whatever reason, the Merchant shall return signs or symbols which are in good condition to the Service Provider on the date the Agreement is terminated.

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 offers goods and/or services and has made arrangements with the Payer on placing an order by giving its credit card number verbally or in writing, and if the Service Provider has learned from the Payer that the Payer has placed no purchase order with the Merchant for such goods/ services, the Service Provider shall promptly cancel the pending collection from the Payer. If the collection has been completed, the Service Provider shall refund the collected amount fully to the Payer. In this event, the Merchant agrees to immediately reimburse the Service Provider said amount together with interest at the rate of 15 percent, p.a., including other expenses incurred with respect to the particular transaction such as transportation, insurance premiums, etc.; the Service Provider is not required to show any proof of payment to the Merchant. However, if the Merchant can prove that the Payer has placed the order for goods/services, the Merchant is entitled to recover the amount paid from the Payer in due course.
If the Service Provider is informed by the Payer that the purchase of goods/services has been canceled within 45 (forty-five) days from the date of order or within 30 (thirty) days from the due date of delivery as agreed in writing, and if the Payer can prove that the Payer has not received the goods/services, or received them after the due date of delivery, or received an incomplete consignment, or one that is defective, or unsuitable for the intended purpose, the Merchant agrees that the Service Provider shall cancel the pending collection from the Payer. If the collection has been completed, and if the goods/services so ordered are domestic, the Merchant agrees that the Service Provider shall refund the collected amount to the Payer. The Merchant agrees to return the collected amount together with interest at the rate of 15 percent, p.a. to the Service Provider from the date the Service Provider paid to the Merchant or credited into the deposit account linked to the Agreement until the payment is fully settled with the Service Provider.
3. If the Merchant wishes to void 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, within the same day that the payment transaction is conducted.
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. If the Merchant does not want to accept the return of goods purchased or agreed to be purchased by the Payer, the Merchant is required to clearly indicate “NO REFUND” or another message having the same meaning so that the Payer knows of the Merchant’s no-refund policy.
4. If the Service Provider is unable to collect funds as shown in the statement due to the following circumstances, the Merchant agrees to allow the Service Provider to deny the payment or refuse to credit the deposit account linked to the service under this Agreement, or if the Service Provider has already made payment to the Merchant or credited the deposit account, the Merchant agrees to reimburse the Service Provider at the same amount of the uncollected funds, along with interest at the rate of 15 percent, p.a., beginning from the date that the Service Provider has made payment to the Merchant or credited that deposit account until the payment has been fully paid to the Service Provider.
4.1 The Service Provider has already received payment information, but is suspicious about the use and/or validity of a credit card or for any other reason, and/or has later detected fraud in the use of the credit card, or is suspicious about the use and/or validity of the credit card.
4.2 The recipient 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.
4.3 The Merchant fails to procure or deliver goods/services, and/or the procured or delivered goods/services are inferior in quality, which is 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 purchase of goods/services.
4.4 There are any other reasons preventing the Service Provider from collecting funds per the purchase order for goods/services, or any other reasons that require the Service Provider to repay the Payer.
5. 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.
6. 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 of the Merchant to immediately reimburse the Payer or the Card Issuer.
If the Merchant has submitted an invalid credit card acceptance transaction that is in contravention of this Agreement to the Service Provider for settlement, and it has already credited into the account with 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 to credit the account or reverse such a transaction immediately after the Service Provider has detected the invalid credit card acceptance transaction, wherein the Merchant agrees not to use that invalid credit card acceptance transaction as an evidence that the Service Provider has agreed to allow the Merchant to carry out that transaction.
7. Upon request of the Card Issuer and/or the Credit Card Scheme, the Merchant shall deliver payment and transaction information including evidence related to the delivery of goods/services to the Service Provider within 15 (fifteen) days. If the Merchant cannot send the documents to the Service Provider, for whatever reason, the Merchant shall be responsible for any loss incurred to the Service Provider.
8. If the Merchant wishes to accept purchase orders for goods/services via a payment system wherein credit card payment must be approved via an electronic system or the internet, or a credit card payment approval system of a specific name (hereinafter referred to as “K-Payment Gateway for Non-3D Secure Merchant”), the Merchant accepts that credit card payment for goods/services via K-Payment Gateway for Non-3D Secure will not be verified by the “Verified by VISA” system and/or “MasterCard SecureCode” and/or “J Secure”, which may be vulnerable to fraudulent transactions, and which may cause the Payer to refuse the order for goods/services, and prevent the Service Provider from collecting payment for goods/services from the Payer. Therefore, if the Service Provider cannot collect funds under the purchase order for goods/services from the Payer, the Merchant shall give consent to the Service Provider to reimburse the Payer in full per the amount shown in the purchase order for goods/services, and the Merchant agrees to immediately repay the amount to the Service Provider.
9. If the Agreement ends, for whatever reason, the Merchant agrees to authorize the Service Provider to send an instruction to the Account Holding Bank to withhold withdrawal and/or deduct the funds from the deposit account linked to the service under this Agreement, and/or other accounts that the Merchant has with the Account Holding Bank, and/or any amount of funds owned by the Merchant or that the Merchant owes the Account Holding Bank, 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 Account Holding Bank.
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. Methods and details for transfer of total payment acceptance amount with funds transfer are specified in the “Settlement” table.
6. 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 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.
7. The Merchant agrees that if the Payer has already submitted a transfer instruction and/or made payment for goods/services by debiting the Payer’s deposit account held with the Funds Transfer Service Provider, and if the Merchant wishes to void the transaction or issue a refund, the Merchant must reimburse that payment directly to the Payer, by itself.
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

Remarks: The Service Provider will credit into the Merchant’s deposit account the amount less fee, VAT and withholding tax (if any). No deposit interest shall be calculated on the amount for goods/services which has not been credited to the Merchant’s account.