CLIENT TERMS AND CONDITIONS
By becoming a PakatPay Client, you are deemed to have known and agreed to be bound by the terms and conditions issued by PakatPay. If you do not agree to this terms and conditions, you are expected to stop using the service as PakatPay Client. PakatPay Client is fully responsible for the account access and password used. Violation of this Terms and Conditions is an act against the law based on applicable law and/or the governing law and regulations.
PakatPay urges PakatPay Client to pay attention to the following points:
1. DEFINITION
a. "PakatPay" is a product offered by Hooya Plus Capital Inc.,bearing License No:LL18462,a licensed Money Broker and Payment Service Operator (PSO) authorized and regulated by the Labuan Financial Services Authority (LFSA). PakatPay is designed to provide seamless payment processing and settlement solutions tailored exclusively to support licensed money-broking activities. Transactions facilitated by PakatPay are strictly limited to deposits, withdrawals and transfers related to fiat currency wallets, which are used to charge the balance in client accounts maintained on licensed money-broking platforms. Transactions outside this defined scope, such as for the purchase of goods or services, are not supported.
b. "PakatPay.com" means the domain name that used to access PakatPay Service;
c. "Service" means the services provided by PakatPay in accordance to this Terms and Conditions and the same way be updated time to time and other additional or incidental service as applicable;
d. "PakatPay Service" means online payment service that allow payment between PakatPay Member;
e. "PakatPay Member" means an individual (Personal) or legal entity (Client) who has a valid PakatPay Account;
f. "PakatPay Account" means PakatPay User identity which is used for the purposes of PakatPay Member in accessing Service through PakatPay Website and application;
g. "Client Account” means an account in the name of a client registered and maintained in PakatPay. This account serves as a bookkeeping record within the PakatPay system and reflects funds stored, transferred, and used via fiat currency wallets to facilitate money-broking trades. These transactions are exclusively confined to deposits, withdrawals, and transfers supporting licensed money-broking activities within the regulated ecosystem of the Payment Service Operator.
h. "Client" means a PakatPay Member, PakatPay User or any individual or entity utilizing PakatPay as a payment method to facilitate transactions within licensed money-broking activities. This includes retail investors, institutional clients, and other parties engaging in financial transactions supported by the licensed Payment Service Operator’s regulated ecosystem.
i. Client Information" means the information provided in the application form and any other information, documents, website, and data provided by the Clientt at the request of PakatPay, the Payment Scheme Facilitator to meet Know-Your-Customer ("KYC") requirements, for the Client's assessment and the Client's suitability to receive the Service;
j. "Client Account Usage Guidelines" means the document that can be found on the Client Account page at https://www.pakatpay.com/ (or other pages or sites provided by PakatPay to the Client) and details of how to operate the Client Account including the Client Account security features as amended from time to time by PakatPay;
k. "API" means Applications Programming Interface;
l. "SCI" means Shopping Cart Interface;
m. “Licensed Money-Broking” refers to the regulated activity of facilitating foreign exchange and financial transactions between clients and liquidity providers, authorized and supervised by Labuan Financial Services Authority;
n. "Password" means an alphanumeric password and/or biometric identifier created by the Client to securely access the Client Account;
o. "PIN (Personal Identification Number)" means a personal identification number that is confidential and only known by PakatPay Member and must be listed/entered by the Client when accessing the Client's Account. Together with PakatPay Account, password and PIN are used to prove that the member concerned is entitled to PakatPay Service on PakatPay account.
p. "Transaction Fee" means a fee charged by PakatPay to a PakatPay Member for any payment transaction and/or transfer of funds made using fiat currency wallets between the Client and their respective accounts within the licensed Payment Service Operator’s regulated ecosystem. The fee is specified in Article 5 (Fees) and may be amended from time to time in accordance with Clause 5.4.
q. "Confidential Information" means all confidential information, in any form (including written and/or oral), disclosed by either party to the other, including but not limited to, financial, marketing and personnel information, techniques, processes, trade secrets, know-how, design, methodology, schemes, ideas, analyses, statistics, performance information, user data, internal documentation, details of planned products and/or Services or at present, Client details, computer records or software, specifications, models, compositions, prototypes, samples or other information that may or may be applicable or related to anything for the business and/or affairs of the disclosing party that is marked confidential or strictly confidential. Confidential Information includes instructions for the Client's operation, ownership information, and the content of this Terms and Conditions;
r. "Transaction" means all online payment financial activities related to the PakatPay balance, including deposits, withdrawals, and transfers conducted by a PakatPay user using fiat currency wallets within the regulated ecosystem of the licensed Payment Service Operator, exclusively for money-broking activities.
s. "Payment Transaction" means any payment or transfer of funds between PakatPay as facilitated by the PakatPay Service.
t. "Successful Transaction" means transaction made through PakatPay Service if the Client's fiat currency wallet balance has been debited and the corresponding amount has been credited to the Client’s account balance maintained on the licensed money-broking platform. The transaction is documented in the PakatPay system and marked as completed in accordance with the Payment Data provided by the licensed money-broking platform.
u. "Payment Data" means documents, data and records in any form related to Payment Transactions (including data relating to the Client) and any other information required under the regulations or by PakatPay for the processing of Payment Transactions;
v. "Fund Transfer" means electronic money transfer transactions made by PakatPay Member through transaction facility, including transfers of electronic balances between PakatPay users and the settlement of funds to charge the balance of a Client’s trading account maintained on a licensed money-broking platform where PakatPay is accepted as a payment method. All transfers are conducted within the scope of the PakatPay Service facility and comply with applicable regulatory requirements.
w. "Transfer Data" means the data provided in the transfer record, including the name, amount, reference information, and other details of the sender of funds, as required for processing the transaction within the PakatPay system.
x. "Audit" means the inspection and/or evaluation of an organization, system, process, or product. Audit is carried out by PakatPay and/or competent, objective, and impartial parties (including the Labuan Financial Services Authority) or authorities or authorized bodies;
y. "Payment Scheme" refers to a system that enables PakatPay Clients to make payments using accessible services within the regulated ecosystem of the licensed Payment Service Operator. This scheme is governed by these Terms and Conditions and may be expanded or modified through separate agreements with the Client as needed.
z. "Deposit" means an amount of money paid into PakatPay, which is subsequently credited to the PakatPay Client Account. These funds are intended for use in transactions conducted via the PakatPay Service within the regulated ecosystem of the licensed Payment Service Operator, including settlement activities for licensed money-broking platforms.
aa. "Withdrawal" means transfer of funds from PakatPay to the Client’s designated bank account or fiat currency wallet, in accordance with the predetermined schedule of the payment transaction results (and "redeem" and "settlement" will be interpreted accordingly);
ab. "Intellectual Property Rights" means all contingent intellectual property rights and future plans including goodwill, reputation, rights in Confidential Information, copyrights, trademarks, logos, service marks, devices, plans, models, diagrams, specifications, source and material code objects, data and processes, design rights, patents, know-how, trade secrets, inventions, updates, database rights (in each case registered or unregistered) and any application or registration for the protection of this rights and all renewals and existences that exist in any part of the world whether now known or in the future are made;
ac. "Tax" means the value-added tax imposed by the Act and its supplementary regulations including other taxes of a similar fiscal nature;
ad. "Force Majeure" means an event that is beyond its control, power, and/or ability to prevent and cannot be prosecuted resulting in the termination or delay in the performance of this contract, including but not limited to natural disasters, inclement weather, floods, droughts or fires, mass strikes, labor disputes, embargoes, acts or omissions of governments, regulators or other competent authorities, banking system failure, illness, war, military operations, terrorists, civil unrest, or any disruption, failure or defect, or non-operation of computer systems, internet connections and telephone networks or other communication services, the enactment of new government regulations/policies, and events or causes beyond capacity;
ae. "Third Party" means any person other than PakatPay and Client;
af. "Working Day" means every work day which PakatPay is opened to operate and carry out Customer Service and Transactions in accordance with the company's provisions, except Saturday, Sunday, or national holidays stipulated by the Government;
ag. "Data Protection Law" means the applicable law relating to the processing of personal data and privacy , including but not limited to the Personal Data Protection Act 2010 (PDPA) of Malaysia, as well as any relevant guidelines issued by the Labuan Financial Services Authority. This also includes international data protection regulations such as the General Data Protection Regulation (GDPR), where applicable.
ah. "Applicable Law" means all laws, statutory instruments, regulations, governments, regulations made by the legislature, regulators or other public authorities that are binding and in force from time to time (subject to the guidelines and regulations of any other public authority or entity) applicable to a party and relevant to these Terms and Conditions, including those relating to:
i. Distance agreements;
ii. Agreements entered into remotely or through electronic means
iii. Collection, storage, and use of Client information in accordance with data protection laws;
iv. Money-broking transactions and related activities conducted through PakatPay by the Client;
v. Implementation and performance of the Client for his obligations under this Terms and Conditions.
ai. "Payment Scheme Facilitator" means the fiat currency wallet registered with PakatPay and used to process deposit and withdrawal transactions for its users.
aj. "ID Verification" means the process of matching data fields and file attachments that have been given to PakatPay. If there is a discrepancy between the attachments then the data is considered inappropriate;
ak. "Regulator" means another competent authority or other government authorities in connection with the execution of an agreement.
2. GENERAL PROVISIONS
a. Clients must fill out the registration application form and upload the documents specified by PakatPay. PakatPay is not obliged to provide the Service in whole or in part until PakatPay receives and verifies any information, documents, and data that have been uploaded. PakatPay's obligation to provide the Service will begin if the ID Verification has been declared approved.
b. In the case that PakatPay has not received the Client's information, documents, and data for ID Verification requirements, the Service cannot be run and/or will end immediately with prior notice.
c. PakatPay Transaction will be considered valid if it has met the criteria as a Successful Transaction by referring to the provisions in the Terms and Conditions. If a Successful Transaction has occurred, at the same time, the Client is required to ensure the proper allocation and application of funds in accordance with the agreed purpose of the transaction, such as charging the balance in the Client’s trading account maintained on the licensed money-broking platform.
d. The successful Transactions with a licensed money-broking platform trading account made by the Client through the PakatPay Service will be recorded and credited in real time or at the same time the Customer completes the Transaction, ensuring seamless integration and immediate fund availability.
e. In the event of communication interruption or disruption with the use of PakatPay Service when making a Transaction, which causes events including but not limited to the transaction history not contained and the Transaction canceled or refused to be continued but there is a debiting of the Client's balance, the Client must report the Transaction to PakatPay to be adjusted to the record on PakatPay on the same day when the Transaction is carried out. PakatPay will review and adjust the records to reflect the accurate transaction status. The Parties agree that what is used as a reference for the success or failure of the Transaction carried out is the record on PakatPay because PakatPay will not provide compensation and/or liability in any form to the Client or any party for all risks and losses that occur and the Client is obliged to pay any and all bills submitted by the partner through PakatPay and PakatPay will also not provide compensation and/or liability in any form to PakatPay User or any party for all claims and/or claims and/or claims that may arise as a result of this things.
f. The Parties agree that all crediting of PakatPay Transactions is carried out in accordance with the applicable terms and conditions governing the use of PikatPay services.
3. RIGHTS AND OBLIGATIONS OF PAKATPAY
a. PakatPay is obliged to provide Services with reasonable attention and skill.
b. PakatPay is obliged to provide good Services, such as the availability of Customer service or technical services for Clients related to the use of PakatPay Service.
c. PakatPay will provide PakatPay API and/or SCI license to be used as part of the Service in accordance with this Terms and Conditions, enabling Users to make payments for the purpose of funding and settling transactions related to licensed money-broking activities.
d. PakatPay will notify the Client about the availability of the latest version of PakatPay API and/or SCI. Within 180 calendar days after PakatPay publishes the availability of the latest version of PakatPay API and/or SCI, Client will adopt and use the new API and/or SCI version. If a Client does not wish to adopt and use a new version of API and/or SCI, the Client may terminate its use of this service under Clause 17.2 (seventeen colons).
e. PakatPay considers that the Client has agreed to indemnify for all claims actions, loss of demand and/or damage (including attorney's fees) made and/or incurred by Third Parties arising from and/or related to the use of the Service.
f. PakatPay is not responsible for all details of Transactions and/or exchange of information between PakatPay Member or licensed money-broking. Therefore, PakatPay is not responsible if the Transaction or exchange of information is not in accordance with and/or defective in the applicable law or if there are legal consequences of the Transaction made through PakatPay system.
g. PakatPay shall not be liable for any claim, loss or damage including any unauthorized withdrawal from the Client Account to the extent caused by an error in the Client or by the Client's failure to activate any of the Client's Account security features, including but not limited to the Login PIN, Transaction PIN, and Secure IP.
h. PakatPay reserves the right not to be involved in legal proceedings. If there is a misunderstanding, it will be resolved gradually and processed legally (if necessary).
i. PakatPay is not responsible for any misuse of Transactions, but is not limited to money laundering, purchase of prohibited items, firearms, terrorism funding, and every other illegal act that against applicable law.
j. PakatPay can divert some or all of its rights and obligations to an entity that is directly or indirectly controlled, controlled, supervised by PakatPay, or under joint control with a Third Party that acquires all assets.
k. PakatPay has the right to be waived from all legal claims that may arise from the use of PakatPay as a payment system.
l. PakatPay has the right to audit all Transactions that occur between the Customer and the Client if deemed necessary.
4. RIGHTS AND OBLIGATIONS OF CLIENT
General
a. Clients will carry out their obligations under this Terms and Conditions in a competent manner, business manner, and prudence.
b. Client must register their fiat currency wallet with PakatPay and ensure it is maintained in an active state for the purpose of facilitating withdrawals and deposits to and from PakatPay.
c. Clients are required to ensure that the Data Transfer is in accordance with the data provided to the Customer. Hereby, the Client waives PakatPay from all lawsuits/demands and/or claims from the aggrieved parties due to the Client's negligence.
d. Clients are obliged to maintain the confidentiality of information including but not limited to password or PIN.
e. Client is obliged to provide computer facilities to support the acceptance of PakatPay payment system transactions host to host from PakatPay.
f. Client is obliged to integrate SCI Secure Mode. If Client integrates using Third Party then PakatPay is not responsible for the risks that occur due to not applying SCI Secure Mode.
g. Clients are allowed to change or update their data membership by contacting our Customer Support.
Client and Audit Information
h. Client will immediately notify PakatPay in writing if there are any material changes to the Client's Information, with complete details about such changes and any supporting documentation reasonably required by PakatPay.
i. The Client is obliged to comply with the audit party's request within a reasonable time, with a notice period of not less than 10 (ten) Working Days in advance to obtain cooperation notification information and access to Client Information, website details, location, agents, records, and relevant documents that may be required by the auditing Party for the purpose of:
i. Audit the Client's compliance with the provisions of this Terms and Conditions, applicable laws and regulations;
ii. The Audit Party carries out its functions and obligations based on applicable law or regulations;
iii. PakatPay's ongoing risk management process and procedures.
j. The notification period referred to in paragraph 4.9 (four point nine) does not apply if:
i. In the case of an urgent or where each auditing Party suspects fraud on the Client Party, for which no notice is required;
ii. Where a regulator or other authorities having authority over PakatPay or a Payment Scheme Facilitator requires access or assistance with less or no notice;
iii. Required under laws and regulations that require it to be carried out.
k. PakatPay from time to time may change the specifications and/or standards for Client Information or Client criteria to be able to use the Service. Upon request from PakatPay, the Client will provide additional information about the business including security procedures to the extent that such information is required by PakatPay.
Use of the Service
l. Clients will only use PakatPay Service to process Payment Transactions related to activities that:
i. Are explicitly approved and fall within the scope of licensed money-broking operations;
ii. Are conducted through licensed money-broking platforms, websites, or other point of access previously approved by PakatPay;
iii. Are not conducted on behalf of Third Parties without prior approval;
iv. None and/or mentioned in the list in Clause 4 (m)) below;
m. Client will ensure that it will not use the Service for Payment Transactions related to:
i. Any goods or services that are illegal or promote or marketing that are illegal or offered in connection with illegal, indecent or pornographic content, or depict means of propaganda or unconstitutional signs of organizations glorifying war or violating human dignity;
ii. Goods or services, promotions, offers, or marketing that infringe copyright, proprietary, industrial or other Third Party rights, including with rights to a person's image, name and personal rights;
iii. Archaeological finds;
iv. Illegal drugs, narcotics, or hallucinogens;
v. Goods subject to a trade embargo;
vi. Media that is harmful to minors and violates applicable law and, in particular, provisions with respect to the protection of minors;
vii. Human organs, protected animals, or protected plants;
viii. Weapons or explosives;
ix. Every other good or service deemed by PakatPay will:
i. Has an adverse effect on PakatPay's image or reputation as a result of providing Services in connection with such goods and services; or
ii. Prohibited by law, regulator and/or by Payment Scheme Facilitator.
n. Client is prohibited to:
i. Accepting Payment Transactions for goods or services when trading under the name of any company or business other than the type of business specified in this Terms and Conditions without written approval from PakatPay;
ii. Closing and delete PakatPay Payment Transaction Service on the Client's website unilaterally without written notice to PakatPay and receiving approval from PakatPay in advance.
Notification to PakatPay
o. Client will notify PakatPay if:
i. Any information, including Client Information that has been provided to PakatPay has changed materially or is no longer accurate or materially incomplete;
ii. Any information, regarding the finding of suspicious Payment Transactions, beyond reasonableness and/or considered illegal carried out by the Client.
p. Client will provide notice to PakatPay in writing regarding changes to the Client Fiat Wallet Address with a minimum of 7 (seven) Working Days before the account is executed.
5. FEE
a. Client agrees that the applicable Transaction Fees for PakatPay services are as follows:
i. A transfer fee for transactions within the PakatPay system and/or fees for successful transactions will be charged to the Client at a rate of 1% (one percent) of the transaction value or a minimum of $0.50 per Successful Transaction, with no maximum limit.
ii. Client will be charged a deposit and withdrawal transaction fee for each transaction processed through fiat currency wallets. The fee will be at a rate of 1% or a minimjm of 50USD per withdrawal transaction and 0.5 % or a minimum of 10 USD per deposit transaction, with no maximum limit.
iii. The Client agrees to pay an Acquirer Fee for each transaction processed through the PakatPay system. The Acquirer Fee is charged at a flat rate of 2.0% of the transaction value, applicable to all transactions involving the processing of payments between PakatPay users and/or funding accounts on licensed money-broking platforms.
iv. The Client acknowledges that a Conversion Fee will apply for transactions requiring currency conversion. The Conversion Fee is set at 1.5% of the converted amont, calculated based on the prevailing exchange rate provided by PakatPay at the time of the transaction. This fee is in addition to any standard transaction fees.
b. Unless otherwise stated, all Transaction Fees, bills, and other payments to be made by this Client are exclusive of Value Added Tax (VAT) and other related taxes payable by the Client.
c. The Transaction Fee will be deducted automatically when the Transaction is made and declared as a Successful Transaction.
d. For each transaction processed using fiat currency, the Client will only receive the funds after the deduction of charges mentioned at Clause 5.1.2 above.
e. PakatPay has the right to change and/or introduce new fees at any time after giving notice to the Client no less than 30 (thirty) calendar days before the notification is applied.
f. Unless the Client sends a written notice to PakatPay to terminate the Client Agreement at any time after receiving notification of the change in the Transaction Fee from PakatPay and before it is declared valid, the notice of termination of the Agreement will take effect immediately before the time the change in the Transaction Fee comes into effect.
g. The Client has the right to use the fee setting feature for Transaction Fees to be charged to the Client or to the Customer, which is fully regulated by the Client itself in accordance with the Client Account Usage Guide.
6. TRANSACTION
Deposit
a. Client who makes any deposit transaction is obliged to fill in deposit form and send the funds using account number registered with PakatPay;
b. Client can deposit using fiat currency through the fiat currrency wallet registered in PakatPay system;
c. Client is obliged to include “Payment Voucher” information and a unique reference number in the transfers details field to facilitate the transaction identification process;
d. Client is requested to send the funds using full amount method;
e. PakatPay shall not be liable if any deposit transaction is not processed because:
i. Client does not create prior deposit form and include the transfer news in accordance with Article 6. Transaction Clause 6.3;
ii. Transfer data which is accepted is not in accordance with deposit form made by the Client (deposit will be processed only if PakatPay has received confirmation from the Client).
f. Deposit will be processed on Monday - Friday 14.00 - 18.00 GMT + 8. If the Client’s transfer process is outside of PakatPay’s admin process service hours then the Client’s deposit will be processed during the admin process service hours on the next Working Day.
Withdrawal
g. Client who makes any withdrawal transaction is obliged to fill in withdrawal form and withdrawal the funds according to the amount stated on the form;
h. Client can make withdrawal using fiat currency through the fiat currency wallet registered in PakatPay system;
i. The withdrawal limit applicable to the Client is equivalent to 25,000 USD per month. If the withdrawal transaction exceeds its limit, then the withdrawal transaction will be unilaterally cancelled by PakatPay;
j. PakatPay will cancel and/or not process withdrawal transaction if Member’s Fiat Currency Wallet details is not in accordance with the filled data in the withdrawal form or with the fiat currency wallet details which has been registered in PakatPay system;
k. Withdrawal will be processed on Monday - Friday 14.00 - 16.00 GMT + 8 according to the incoming queue.
Transaction Information
l. Each transaction made using PakatPay services (deposit, top up, transfer, redeem, withdrawal) will be verified and/or notified and will be sent to the respective Client’s email.
7. CLIENT ACCOUNT
a. The Client acknowledges and agrees that the Client Account is not an actual deposit account, but rather a bookkeeping record that reflecting the funds attributable to the Client. These funds are maintained separately from PakatPay’s own operational funds and pooled with balances associated with other PakatPay Clients in a designated bank account owned by PakatPay.
b. Client may request to register one or more Client Accounts with PakatPay with different email address but cannot store more than one Client Account per website.
c. Every redeem or withdrawal transaction made by the Client will be scheduled and follow PakatPay regulations with sending restrictions provided by the Payment Scheme Facilitator.
d. If the Client wants to close their Account, there is an administration fee of 10 USD per account which will be charged which will be paid using PakatPay balance to PakatPay’s account on behalf of “PakatPay Finance”.
e. Account closure will be processed by PakatPay if the Client has completed the required documents and has paid the administration fee for closing the account.
f. Account closure will be processed if the Client has completed the following documents:
i. Client submits an official notification in writing to PakatPay regarding the request for closing the Client Account and terminating the Service usage.
ii. Client provides PakatPay with evidence of information or announcements intended for Client users that Client will close transactions using PakatPay at least 14 days prior to Client Account closing.
iii. Client can request for Client Account closing at least 14 days prior to account closing to avoid unpaid transactions. Within that time period, Client cannot accept deposit using PakatPay to broker account (SCI is turned off) and cannot make withdrawal (only can make outgoing transfers).
iv. Account deactivation form.
g. Client accounts that have had no activity for 6 (six) consecutive months will be suspended with notification from Customer Support via email, where the account can be reactivated as long as it has not passed the grace period of 30 (thirty) calendar days after the notification email is sent. If the account has not been reactivated within the grace period of 30 (thirty) calendar days, the account will be inactive permanently.
h. If within the grace period, the Client wants to reactivate their PakatPay account, the Client will be charged an account activation fee of $15 (fifteen) dollars per account which will be paid using the PakatPay balance to PakatPay's account on behalf of “PakatPay Finance”.
8. EXCHANGER PARTNER
a. Every Exchanger Partner who collaborates with PakatPay must have a PakatPay Account with Client status and have a "Verified" status from PakatPay by fulfilling the following requirements:
i. Accounts PakatPay with Client status;
ii. There is an Operational Admin system that is already in operation;
iii. There is a website that is verified by the PakatPay Technical Team;
iv. Already doing API and SCI Integration with Secure mode;
v. Fill out the UAT (User Acceptance Testing) and PAT (Pre-Acceptance Testing) completeness forms by the PakatPay’s Technical Team;
vi. There is a minimum collateral fund of $10,000 that have been available before the Exchanger in operation;
vii. Signing Exchanger Agreement with PakatPay;
b. In order to avoid fraud, each Exchanger must be verified by PakatPay to operate, if there is an Exchanger operating before obtaining the "Verified" status from PakatPay, PakatPay based on internal considerations can freeze the illegal Exchanger account and the account cannot make any transactions. The Illegal PakatPay Exchanger account can be reused after obtaining Verified status with internal considerations from PakatPay.
9. PAYMENT DIFFERENCE
a. The difference in payment receipts that occurs due to or as a result of a discrepancy between Payment Data and/or Transfer Data and the amount of obligations that should be obtained and/or paid by the Client will be resolved by PakatPay and relevant provider.
b. If there is a discrepancy in Payment Data and/or transaction history with a Payment Transaction that takes place due to correction or error in the related Payment Data issued by the relevant provider resulting in the Client being underpaid or overpaid, then the settlement of the shortage or overpayment is the sole responsibility of the provider.. Meanwhile, if the Payment Transaction is in accordance with the relevant Payment Data issued by the provider but still results in the Client less or more in making payments, then PakatPay will pay the difference in the related Payment Transaction that should have been obtained and/or paid to the Client.
c. If there is an excess and/or error in recording the Client's fund transfer transaction, correction will be made for the incorrect recording of the fund transfer transaction to the Client Account.
d. To be able to find out the latest information (update) on Payment Transactions used to resolve all differences in Payment Transactions, provider are required to reconcile using the latest information (updates) that are available on PakatPay website.
10. PARTICULAR DATA REQUEST
a. PakatPay will process PakatPay account transaction mutation data request submitted by PakatPay Member at a cost of 5 USD for each transaction mutation with a period of one year.
b. PakatPay will process the bank's SWIFT copy document request submitted by PakatPay Member at a cost of 20 USD for each document.
c. PakatPay will process the data filling request submitted by PakatPay Member for audit purposes at a cost of 20 USD for each document.
d. Payment related to data request can be made using PakatPay balance to PakatPay Company account in the name of "PakatPay Finance".
11. STATEMENTS AND WARRANTIES
a. The Client represents and warrants that:
i. At all times will comply with all applicable laws and will not receive or transfer funds, or use the Client Account or Services in connection with illegal, fraudulent or deceptive activities, including without limitation, for money laundering or terrorist financing;
ii. All Client Information provided for PakatPay by the Client is valid, accurate and complete;
iii. Own and maintain all rights, powers, authorities, permissions, abilities, consents, licenses necessary to perform this Agreement, and to perform its obligations hereunder and towards the Customer including minors;
b. Clients provide reasonable assistance as requested from time to time for fraud prevention and detection and will inform about any and all material changes in the nature or size of their business.
c. PakatPay never make any statements or guarantees regarding the service and/or performance of the third parties, including but not limited to, guarantee for eligibility or suitability for a particular purpose;
d. PakatPay and Client must take all reasonable steps to assist other parties in handling claims.
e. PakatPay and Client guarantee each other to carry out the terms and conditions in this Terms and Conditions with full responsibility and on the basis of a mutually beneficial relationship.
12. INDEMNITY
a. The Client will indemnify and hold harmless company and PakatPay subsidiaries (including directors, officers, employees) for all requests from and against any and/or all claims, damages, causes of action, proceedings, demands, fines, losses, liabilities, liabilities, costs (including lawyer’s fees calculated based on full compensation) made and/or incurred by Third Parties attributable to each action, negligence, default, delay, delay, breach of statutory obligations by or on the part of the Client, and the Party suffering from losses or arising out of or in connection with:
i. Any breach by the Client of any material representation or warranty under this Terms and Conditions;
ii. Any violation or disloyalty by the Client with applicable law;
iii. Any violation, performance, and negligence of this Terms and Conditions by the Client; or
iv. Any claim made against either Party that is disputed by a Third Party arising out of or in connection with PakatPay's performance on direct instructions from the Client;
b. To avoid doubt about the claims of Customer, Payment Scheme Facilitator, or other Third Parties, PakatPay has the right to settle or vice versa to deal with it at its sole discretion.
c. PakatPay is not responsible for any member’s incidental losses or consequences arising from violation of payments or contracts, delivery errors, delivery delays, delivery that is not confirmed in accordance with the conditions, service or product usage or any other breach of contracts or obligations between them and the Member.
d. PakatPay will not indemnify compensation and/or liability in any form to the Client or any party for any costs, losses, liabilities, liabilities, demands, or lawsuits (including lawyer’s fees) from the Customer or Third Parties suffered by PakatPay as a direct or indirect result of errors or omissions made by the Client in carrying out its obligations in connection with the implementation of this Terms and Conditions, provided that the Client's liability is only limited to compensation or refund in the amount of the transaction value that is direct and indirect including indirect losses, special losses or consequential damages from PakatPay.
e. PakatPay hereby guarantees and waives the Client from all costs, losses, liabilities, obligations, demands, or any claims from the Customer or from any party also suffered by the Client as a direct or indirect result of any mistake or negligence made by PakatPay in carrying out its obligations in connection with the implementation of this Terms and Conditions, provided that PakatPay's obligations and responsibilities are only limited to compensation or refund of direct and indirect transaction value including indirect loss, special loss or consequential damages from PakatPay.
13. SECURITY INFORMATION
a. PakatPay never ask any password and/or PIN and will never give, rent, or sell credential information of Member to any third parties for any reason. PakatPay is not responsible for Client’s losses due to password, PIN, and/or credential information abuses;
b. Client’s credential information stored securely in PakatPay server. PakatPay holds full responsibilities for the safety and confidentiality of this information;
c. The Client will comply with the identification and security policies and procedures (including in the Client Account Usage Guide) provided by PakatPay to the Client from time to time and take all relevant steps required therein to minimize the risk of fraud and all recommendations therein. PakatPay may change policies and procedures with notification to Client.
d. The Client will create a Client Account and Password to receive the Service. Clients are responsible for maintaining and treating account numbers, passwords, PINs, master codes, and other credentials confidentially and storing them in a safe and secure place. Clients also ensure that they have activated all security services including but not limited to login PINs, transaction PINs, and Secure IPs. This includes ensuring the continued safety and security of the Client Account login details on any computer or other device used to access the internet.
e. Clients must enable the IP List Mode (secure IP) feature on the Client Account that is used to restrict the IP address used to access the Client Account. Clients should consult the Client Account Usage Guide for details on the IP List Mode feature and how to enable it. The Client is responsible for the access and use of the Client Account regardless of whether such access and use is permitted by the Client.
f. Clients must maintain and/or ensure that any data entry in relation to Payment Transactions and Customer personal data in its business operations is secure, in particular improper use of computers or other devices by staff or unauthorized or unauthorized persons, by providing and maintaining security devices that are in accordance with procedures, methodologies, and protocols.
14. DATA PROTECTION
a. The Client shall comply with the Data Protection Law in processing the personal data of the Customer and any prospective Customer of the Client in connection with these Terms and Conditions and shall indemnify against any losses, liabilities, and costs incurred as a result of the failure to protect the data.
b. The Client declares and guarantees that it has obtained such consent from the Customer as necessary to process the transmission, storage, or disclosure of any personal data of the Customer and deliver this Service.
15. CONFIDENTIALITY
a. PakatPay and Client maintain the confidentiality of Confidential Information from other Parties at the same level by protecting Confidential Information themselves and to use such Confidential Information only as permitted under this Terms and Conditions. PakatPay and Client agree to take all reasonable precautions to prevent unauthorized disclosure or use of Confidential Information from other parties and will only disclose such Confidential Information to its employees, consultants, agents, or contractors with the need to know and who is a party to the agreement containing confidentiality efforts substantially the same as the provisions contained in this clause.
b. PakatPay and Client must put in place sufficient physical and information technology security processes and systems to protect any Confidential Information in their possession. Restrictions on the use and disclosure of Confidential Information will not apply if, (i) such information has been and becomes available to the general public; (ii) independently developed by the receiving party without the use of Confidential Information and without the participation of individuals who have access to the Confidential Information as evidenced by written records; or (iii) required by applicable law to be used or disclosed.
c. Client will not collect or use the list of Customers or members or any other information related to PakatPay business (which includes any information contained in this Terms and Conditions) except for the purposes of this Terms and Conditions.
d. In addition to being expressly permitted under this Terms and Conditions for any reason, PakatPay and the Client must immediately stop using the other party's Confidential Information and will return with a request, and/or at the request of the other party to destroy or permanently delete, all copies of the Confidential Information in its possession or control, except that each party will be permitted to retain the Confidential Information for as long as required by applicable law.
e. PakatPay and the Client agree that if the receiving Party commits a violation, or threatens to violate the provisions of this clause, then the disclosing Party has the right to action to claim compensation and/or other actions on law or equity specifically to enforce the provisions of this clause which are stated and agreed that the violation may cause damage and/or irreparable bad image.
f. Each receiving Party shall guarantee all employees, agents and consultants to keep all other Confidential Information of the Party confidential and shall take all necessary steps to ensure compliance in accordance with this Article of Confidentiality.
g. The provisions of the Confidentiality clauses point 1 (one) and point 2 (two) do not apply to prevent the disclosure of Confidential Information by the receiving Party to the extent that such disclosure must be made:
i. The information is ordered to be disclosed in order to comply with an order of a court or other authorized governmental body under applicable laws;
ii. There is written consent from the Party that owns the Confidential Information.
h. Client will not make or send any announcement, communication, or circular letter regarding this Terms and Conditions except in the Client's marketing materials and has obtained written approval from PakatPay.
i. Nothing in this clause prevents PakatPay from:
i. Disclosing Confidential Information obtained from Client to any PakatPay subsidiary, provided that PakatPay ensures that PakatPay subsidiary observes the company's confidentiality substantially as stated in this Confidentiality article;
ii. Make or send public announcements, communications, or circulars about this Terms and Conditions, and the Client hereby authorizes PakatPay to display the Client's name and logo in PakatPay marketing materials;
iii. Disclosing to the relevant authorities, Client Information for the purposes of criminal investigation; or
iv. Use data processing techniques, ideas, and knowledge gained during the implementation of this Terms and Conditions in the continuation of its normal business to the extent that this does not stem from the disclosure of Confidential Information belonging to any agent or broker (or similar) from the Client, or the violation by PakatPay of any Intellectual Property Rights.
16. SUSPENSION AND TERMINATION
a. PakatPay may suspend or terminate the use of the Service in whole or in part at any time with immediate notice to the Client by providing notification not less than 30 (thirty) calendar days if:
i. Client violates Client's Rights and Obligations Clause, representation, or warranty, fails to serve customers, or commits material violations of this agreement;
ii. Client violates provisions, applicable laws, and regulations;
iii. The Client is in a state of liquidation (except for the purpose of merging or reconstruction and in such a way that the formed company agrees to be bound or bear the obligations imposed on the Client under this Terms and Conditions);
iv. Client declared bankrupt or any steps taken for liquidation, closure, under the supervision of the curator, or dissolution (or anything similar to the previous one occurred in any jurisdiction);
v. PakatPay is required to make suspension or termination by law and/or competent authority;
vi. Client changes business or declares to stop doing business;
vii. The Client's business or activities deemed by PakatPay to damage PakatPay's reputation;
viii. Clients do not have sufficient regulatory licenses or permits to conduct their business;
ix. Force Majeure continues for 3 (three) consecutive calendar months; or
x. Based on the Client's Information and other information provided or obtained in accordance with the Client's Rights and Obligations Article, in PakatPay's reasonable opinion, the Client is not suitable to receive the Service;
b. Client may terminate the use of the Service in whole or in part by submitting a Client Account closure at any time through immediate notification to PakatPay and provided that:
i. Client gives official notice in writing to PakatPay regarding request for Client Account closure and termination of service use.
ii. The Client provides PakatPay with proof of information or announcement intended for the Client's user that the Client will close the Transaction using PakatPay starting at least 14 (fourteen) calendar days before the Client account closure is carried out.
iii. Clients can apply for Client account closure at least 14 (fourteen) calendar days before the account closure is carried out to avoid unpaid transactions. Within that period, the Client cannot accept deposits using PakatPay to the broker's account (SCI is turned off) and cannot withdraw funds (can only make transfers out).
17. CONSEQUENCES OF THE SUSPENSION OR TERMINATION
a. Upon termination or termination of use of the Service for any reason;
i. Clients will:
i. Comply with its obligations with respect to Confidential Information as stipulated in the Article of Confidentiality;
ii. Immediately stop to use the Service and PakatPay Intellectual Property Rights and delete any reference to PakatPay from the Client's materials and website; and immediately stop to use the Service and PakatPay Intellectual Property Rights and delete any reference to PakatPay from the Client's materials and website; and
iii. Subject as expressly stated and to any rights or obligations that have been exercised prior to termination, neither party shall have any further obligations to the other under this Terms and Conditions.
b. Upon termination of use of the Service,
i. PakatPay will:
i. Cancel a pending Payment Transaction; and
ii.Transfer the remaining balance or payment to the Client's registered bank account after deducting the Service Fee, transfer fee, and other amount to be issued in accordance with (and subject to) the Client Account and Fee Article in this Terms and Conditions.
18. INTELLECTUAL PROPERTY RIGHTS
a. PakatPay or its licensees own all rights, property rights and interests, including all copyrights, trademarks, and other Intellectual Property Rights in and to the Service and all components used in its terms, including without limitation, all software, business methods, business processes, website designs, graphic, text, content, API and API instructions, SCI, trademarks, trade secrets and know-how, all documentation related to the foregoing, which is used in the provision of the Services ("Proprietary Information").
b. Except as expressly stated herein, this Terms and Conditions do not transfer any right, ownership, or interest in the Service or Proprietary Information to any Client or Third Party.
c. PakatPay grants a non-exclusive license to the Client to display the logo related to the payment scheme set by PakatPay from time to time on the Client's website and to provide information to the Customer on the availability of PakatPay Service.
d. Client agrees that will not sell, license, rent, lend, send, or distribute PakatPay Service in any way to Third Party.
19. FORCE MAJEURE
PakatPay Client will release PakatPay from all kinds of claims of any kind and in any form, in the event that PakatPay is unable to carry out instructions from PakatPay Client either in part or in whole due to events or causes beyond PakatPay's power or ability, including but not limited to any interference with computer viruses or Trojan Horses or harmful components that can interfere with PakatPay services, PakatPay web browser or computer system, user, Internet Service Provider, natural disaster, war, riot, state of equipment, malfunctioning system or transmission, power interruption, telecommunication interruption, sabotage, mass strike, government policy that prohibits PakatPay from providing Services, banking system failure as well as other events or causes beyond PakatPay's control or ability.
20. DISPUTE RESOLUTION
a. This Terms and Conditions shall be governed and construed in according with applicable Law.
b. Any dispute arising from the implementation of this Terms and Conditions between the Client and PakatPay will be resolved by deliberation and consensus. If the dispute cannot be resolved by deliberation and consensus, the Client and PakatPay agree to resolve it exclusively in accordance with the applicable jurisdiction according to the provisions contained in the Client cooperation agreement.
c. In the event of a dispute between the Client and the Third Party (including the Customer), then by referring to Articles 3.7 (three point seven) and 11.1 (eleven point one) in this Terms and Conditions, the Client and Third Parties (including the Customer) agree not to involve and claim any responsibility from PakatPay because the Client and Third Party (including the Customer) already know and agree that goods and/or services for which payment is made using the service PakatPay is not a good and/or service of PakatPay so that any dispute arising between the Client and Third Parties (including the Customer) is not PakatPay's responsibility. PakatPay will only provide assistance as a payment system service provider including but not limited to providing transaction information and communication with the parties to the dispute for the purpose of resolving disputes.
21. CLOSING
By registering as PakatPay Client, it means that you have agreed to this terms and conditions consciously and without coercion. This terms and conditions are subject to change at any time without prior notice.