User agreement
Introduction
This User Agreement constitutes a legal agreement (“Agreement”) between you, the Organization (which in this document also includes “you” or “your”), of which the details are included on the registration page under ‘business information’, and
Asiabill Company Limited (also known as “MoneyCollect”, which in this document also includes “we”, “us” or “our”). In this Agreement you and we are referred to jointly as Parties.
This Agreement consists of nine (9) sections, namely A through I. The main subjects in each section are:
A. General Terms
B. Scope of the Agreement and position of MoneyCollect;
C. Registration with MoneyCollect;
D. Services provided by MoneyCollect;
E. Your obligations;
F. Payments and balances;
G. Security and confidentiality;
H. Privacy;
I. Final stipulations.
Definitions
In this Agreement, the following terms mean:
| Account |
The account held with MoneyCollect in the name of the Organization for which the Organization or for which MoneyCollect, among other things, enables one or more Payment Methods, records Transactions, and updates balances. |
| Agreement |
This User Agreement, which constitutes a legal agreement between you and MoneyCollect; |
| Dashboard |
A web page made available to the Organization by MoneyCollect via an access code, by which the Organization can view data recorded by MoneyCollect on historical Transactions, and where settings relating to the services provided by MoneyCollect to the Organization can be changed. |
| Mark(s) |
Logos, trademarks, trade names, slogans or other indications of ownership; |
| MoneyCollect |
Asiabill Company Limited with offices at Unit A-301 on 2/F Wah Wai Industrial Building, 1-7 Wo Heung Street, Fo Tan, Shatin NT |
| Organization |
The organization that aims to use the Payment Module of MoneyCollect for purposes including, but not limited to, the sale of products and/or services to Customers; |
| Parties |
The Organization as well as MoneyCollect; |
| Party |
The Organization or MoneyCollect; |
| Payment Information |
All personal financial, card or transaction information corresponding to a Transaction processed through the Payment Module.
All personal financial, card or transaction information corresponding to a Transaction processed through the Payment Module. |
| Payment Method |
The way a customer wishes to compensate the Organization for the goods or services delivered or to be delivered. This payment method must be offered by MoneyCollect (to the specific organization), by the organization to its customer, and resulting transactions must be processed by the Payment Module. |
| Fine |
Fines, levies, or other charges imposed by us, a Payment Method Provider or a Payment Method Acquirer, caused by your violation of Laws or this Agreement, or as permitted by the applicable Payment Method Rules. |
| Refund |
Undoing a transaction, or a request to that effect, made by a Financial Institution or a Customer of a Financial Institution. Depending on the Payment Method used, such a refund often has its own name, such as Reversal (in case of collection) or Chargeback (in case of credit cards). |
| Reversal |
Instruction initiated by a Payment Method Provider, a Payment Method Acquirer or us to return funds for an existing Charge. Reversals may result from (i) invalidation of a charge by a Payment Method Provider or a Payment Method Acquirer; (ii) funds settled to you in error or without authorization; and (iii) submission of a Charge in violation of the applicable Payment Method Rules, or where submission of the Charge or your use of Payment Processing Services violates this Agreement. |
| Transaction(s) |
Orders given via the Website of the Organization by one or more Customers for payment by the Customer(s) for products and services of the Organization, which order is presented for processing to one or more Financial Institutions by using the Payment Module. |
General Terms
A.1. Fees and Fines
MoneyCollect will provide the Services to you at the rates and for the fees (“Fees”), here and incorporated into this Agreement. The Fees include charges for Transactions (such as processing a payment) and for other events connected with your MoneyCollect Account (such as handling a disputed charge) .
We may revise the Fees at any time. However, we will provide you with at least 7 days’ advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable Law).
In addition to the Fees, you are also responsible for any penalties or fines imposed in relation to your MoneyCollect Account on you or MoneyCollect by MoneyCollect or any Payment Method Provider or Payment Method Acquirer resulting from your use of Payment Processing Services in a manner not permitted by this Agreement or a Payment Method Provider’s rules and regulations.
You are also obligated to pay all taxes, fees and other charges imposed by any governmental authority (“Taxes”), including any value added tax, goods and services tax, provincial sales tax and/or harmonized sales tax on the Services provided under this Agreement.
A.2. Taxes and Other Expenses
Our fees are exclusive of any applicable Taxes, except as expressly stated to the contrary. You have sole responsibility and liability for: (i) determining what, if any, Taxes apply to the sale of your products and services, acceptance of donations, or payments you receive in connection with your use of the Services; and (ii) assessing, collecting, reporting, and remitting Taxes for your business to the appropriate tax and revenue authorities. If we are required to withhold any Taxes, or we are unable to validate any tax-related identification information you provide to us, we may deduct such Taxes from amounts otherwise owed and pay them to the appropriate taxing authority. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status. Upon our reasonable request, you must provide us with information regarding your tax affairs.
We may send documents to you and tax authorities for Transactions processed using the Services. Specifically, pursuant to applicable Law, we may be required to file periodic informational return with taxing authorities in relation to your use of the Services. We also may, but are not obliged to, electronically send you tax-related information.
A.3. Suspicion of Unauthorized or Illegal Use
We may refuse, condition, or suspend any Transactions that we believe: (i) may violate this Agreement or other agreements you may have with MoneyCollect; (ii) are unauthorized, fraudulent or illegal; or (iii) expose you, MoneyCollect, or others to risks unacceptable to MoneyCollect. If we suspect or know that you are using or have used the Services for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your MoneyCollect Account, your customers, and Transactions made through your use of the Services.
A.4. Termination
a. Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or MoneyCollect. We may suspend your MoneyCollect Account and your ability to access funds in your MoneyCollect Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your MoneyCollect Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law, Payment Method Provider or Payment Method Acquirer requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement. A Payment Method Provider or Payment Method Acquirer may terminate your ability to accept its Payment Method, at any time and for any reason, in which case you will no longer be able to accept the Payment Method under this Agreement.
b. Effects of Termination: Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions, and (iii) immediately remove all MoneyCollect and payment network logos from your website (unless permitted under a separate license with the payment network). Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you in accordance.
In addition, upon termination you understand and agree that (i) all licenses granted to you by MoneyCollect under this Agreement will end; (ii) we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination; (v) any money in your balance will be held for 180 days, after which we will send you an email with instructions about transferring your money.
Scope of the Agreement and Position of MoneyCollect
B.1. Scope of the Agreement
This Agreement applies to all (legal) acts between you and MoneyCollect and will remain applicable after termination of the services, regardless of whether you explicitly communicated this termination to us. The applicability of any other conditions (of use) or agreements is explicitly rejected, unless Parties explicitly agreed on this. A derogation from this Agreement will only be valid if Parties have agreed upon it in writing.
B.2. Position of MoneyCollect
The services of MoneyCollect enable you to accept payments from your customers in exchange for the products and/or services delivered by you. MoneyCollect does not accept any liability for the products and/or services that are purchased by using the Payment Module. During provision of the Payment Technology Services, MoneyCollect acts as a technical service provider for the Financial Institution that ultimately provides the Payment Technology Service under this Agreement.
Registration with MoneyCollect
C.1. Registration Process
The services of MoneyCollect are only available to legal persons and legal constructs (organizations), and explicitly not to persons who want to receive payments in the personal, family or household sphere. You must register with MoneyCollect before you can use our services. You register by generating an Account. MoneyCollect is required to ask you for certain information. Consequently, during the registration process, MoneyCollect will request information including the name of your organization, the trade name (if applicable), address details, email address and telephone number, registration number with the Chamber of Commerce and VAT number. You must also provide MoneyCollect with information on the ultimate beneficial owners of your organization. The persons you register with MoneyCollect must also be competent and authorized to that effect. You confirm that you are a national of the country you indicate on registration, and that you are authorized to develop business activities in that country.
You guarantee that all information you provide to MoneyCollect is complete and truthful, and that you will keep your information registered with us up to date. You must inform MoneyCollect without delay of changes in the corporate name, corporate status, corporate structure, type and scope of the services or any other relevant changes.
MoneyCollect will provide you with a merchant ID and a (temporary) password, which you need to change in some cases on the first time you log in on MoneyCollect. The user’s name and password provided by MoneyCollect are strictly personal and may not be shared with anyone. You are responsible for damage and/or loss arising from misuse of the user’s name and password, and you must inform MoneyCollect of the loss, theft and/or misuse thereof.
C.2. Website (profiles)
You are required to register all websites (URLs) using the Payment Technology Services with MoneyCollect. You can do so by generating a website profile in your account for each URL. It is not allowed to use the Payment Module on websites other than those registered explicitly and in advance with MoneyCollect. Nor is it allowed to initiate Transactions via a website profile other than the profile belonging to the website on which the Transaction is initiated. Besides the URL you must register the trade name under which you do business via this URL. MoneyCollect can use this information in the way in which Transactions are displayed on Customers’ account statements. MoneyCollect is not responsible for any costs arising from the fact that Clients do not recognize the trade name of a specific Transaction on their account statement.
You guarantee that the URL(s) you register with MoneyCollect do not contain any libelous, defamatory, obscene, pornographic or blasphemous material or expressions. MoneyCollect will terminate the use of the Payment Module for such URLs immediately (after discovery).
Where you mention the Payment Method(s) available to Customers, not limited to the payment page of your website, you must include all Payment Methods offered by you, and you must display the Brand(s) belonging to the Payment Method as prescribed by the specific Payment Method. You must not criticize or deliberately misrepresent any of the Payment Methods or the services linked to them, nor are you allowed to develop activities that damage the interests or Brands of MoneyCollect or the Payment Method(s). In such a case, MoneyCollect may discontinue use of the Payment Module.
C.3. Verification and Acceptance
After registration, we verify your identity and we assess the risk that your business activities constitute for MoneyCollect, on the basis of which we decide whether or not to make the Payment Technology Services available to you. For this purpose, MoneyCollect may share your information, including the Personal Data of your legal representative(s) or ultimate beneficial owner(s), with the Financial Institution, which can make its own assessment with respect to use of the Payment Technology Services. We may ask you to make additional information available for these verification activities, including financial statements, invoices, permits or other types of identification or permissions issued by the government. By accepting this Agreement, you give us and the Financial Institution (if this is considered necessary) permission to retrieve information about you and to make this information available to third parties, including, but not limited to, businesses engaged in the registration of creditworthiness and other information providers. You hereby give these third parties permission as well to provide such information about you to us. You are aware that such information also includes name, address, credit history and other data. MoneyCollect may update this information periodically to determine whether you continuously meet our conditions and comply with this Agreement.
You hereby give MoneyCollect permission to share information about you and your application (irrespective of whether the application is approved or rejected) and your Account with Financial Institution(s). This includes information:
i. about Transactions, so that MoneyCollect and/or Financial Institutions can comply with obligations arising from statutory requirements or requirements of supervisory authorities;
ii. for use in relation to the management and maintenance of the Payment Technology Services;
iii. by which the information about you can be recorded or updated, and where the information helps to improve the Payment Technology Services;
iv. that MoneyCollect needs for its risk management.
In exceptional cases, we may request your approval to conduct an inspection at your office or inspect your financial and other records, insofar as they may relate to the extent and way in which you comply with this Agreement. Should you not comply with our requests for information within five (5) business days, this could lead to suspension or termination of your Account.
If explicitly agreed by Parties, MoneyCollect can use your information to open an account on your behalf at the Financial Institutions or Intermediary/Intermediaries if such an account is necessary for processing Transactions via the Payment Module. In such a case, MoneyCollect will inform you if such an account has been approved or rejected.
Services Provided by MoneyCollect
D.1. Payment Module
MoneyCollect will make efforts to keep the Payment Module available to you. MoneyCollect cannot, however, guarantee complete and permanent availability of the Payment Module. MoneyCollect will have the right to switch off the Payment Module for maintenance purposes. This will preferably be done at night. MoneyCollect will have the right as well at any time to modify the Payment Module. MoneyCollect will not be required to maintain, modify or add certain properties or functions specifically for the Organization.
MoneyCollect reserves the right, with immediate effect, to discontinue the provision of its services to you, deny you access to the Payment Module and terminate this Agreement if MoneyCollect suspects that you are acting in conflict with this Agreement. MoneyCollect hereby reserves the right to recover any losses incurred through this from you.
If you use the Payment Module in a way as referred to below, this use will in any case (but not exclusively) qualify as punishable, unlawful, and/or harmful in the following circumstances:
i. Purchase and/or sale of goods and/or services of which the purchase and/or sale in the country of origin and/or the country in which the goods and/or services are offered is in conflict with any applicable statutory provision or public morals;
ii. The sale of products and/or services by the Organization without being willing or able to deliver them to one or more Customers within a reasonable period;
iii. Use of Personal Data in conflict with the General Data Protection Regulation, or insufficiently informing Customers in a way as referred to in the General Data Protection Regulation;
iv. Hacking, phishing, unauthorized penetration in the system and/or network structure of MoneyCollect, Financial Institutions, Intermediaries, Suppliers and/or third parties;
v. Collecting payments without a legally valid contract between you and the Customer;
vi. Deliberately misleading Customers, MoneyCollect, Financial Institutions, Intermediaries, Suppliers and/or third parties, and
vii. Committing Fraud or aiding and abetting and/or allowing fraudulent activities.
D.2. Payment Methods
The Payment Module enables your customers to use different Payment Methods. Each Payment Method has its own characteristics, risks and conditions, including cost structure, payment term, the manner in which payment is made, and the possibilities offered to Customers to dispute the payments or claim refunds. We publish these conditions clearly on our public website. When you enable a Payment Method via the Merchant Dashboard, we assume that you understand and accept the conditions of that Payment Method. MoneyCollect may add new Payment Methods in the future, which must in general be activated before they can be used in the Payment Module. MoneyCollect reserves the right to delete Payment Methods from the Payment Module and may deny the Organization use of a specific Payment Method.
D.3. Foreign Currency
MoneyCollect offers you the possibility to receive payments from your customers in different (foreign) currencies. The amount to be received by you is calculated by MoneyCollect per individual payment on the basis of the buying rate (combination of, among other things, the exchange rate of the currency at the time of the payment and the costs as charged by MoneyCollect’s supplier) and a mark-up. The mark-up is usually set by MoneyCollect at 2%(Two percent)- of the exchange rate charged to MoneyCollect, unless otherwise agreed upon by Parties.
Refunds to your customer, regardless of whether the refund is initiated by you or your customer, will be converted by MoneyCollect into the (foreign) currency that your customer used during the payment to you. Your customer will always receive the full amount of the payment. The amount you will be charged for the refund will be calculated by MoneyCollect on the basis of the buying rate (combination of, among other things, the exchange rate of the currency at the time of the reimbursement and the costs as charged by MoneyCollect’s supplier) and a mark-up. The mark-up is usually set by MoneyCollect at 2%(Two percent) of the exchange rate charged to MoneyCollect, unless otherwise agreed upon by Parties.
Your Obligations
E.1. Prohibited Activities
You must only accept payments and process them via MoneyCollect’s Payment Module for the lawful sale of legal goods and services. There are certain categories of Organizations and activities for which the Payment Technology Services cannot be used. Most of these categories are imposed by the Financial Institutions and intermediaries which are used by MoneyCollect to process Transactions. MoneyCollect keeps a list of prohibited activities. Activities for which MoneyCollect cannot provide its services include, but are not limited to, the following categories of products or services that (can) constitute an unacceptable risk for MoneyCollect’s reputation:
erotic content or services, high-risk financial products or services, certain medicines, illegal or stolen products/services, illegal games of chance, narcotics and certain food supplements. MoneyCollect has made the full list of available on its public website. MoneyCollect can change this list at all times, and remove or add activities.
By registering with MoneyCollect, you confirm that you will not use our services for activities other than those approved during registration or explicitly approved by MoneyCollect afterwards. If MoneyCollect thinks or suspects that, in spite of this, you are accepting payments for prohibited activities as referred to in this Agreement, you must end these prohibited activities immediately at MoneyCollect’s request. If you have not ended the prohibited activities within the timeframe set by MoneyCollect, MoneyCollect reserves the right to terminate the Agreement with immediate effect. In case of doubt, you should contact MoneyCollect Support for further information.
E.2. Provision of Information
You are responsible for the clear and orderly inclusion of the following information on your site:
i. your contact information (or that of the customer service), consisting of at least the address, telephone number and e-mail address;
ii. Information on the prices of your products and/or services;
iii. delivery information, especially timeliness and charges;
iv. payment terms;
v. where relevant, information on subscriptions, the term of a subscription and the way in which it can be canceled.
You must also be clear and proactive in communicating any delay in delivery or the cancellation of an order. If MoneyCollect receives complaints about you, and such complaints necessitate an investigation or other activities to be carried out by MoneyCollect, such to be determined by MoneyCollect, MoneyCollect will have the right to charge you for the costs to be determined for this investigation.
Payments and Balances
F.1. Safeguarding Customers’ Funds
MoneyCollect is obligated to safeguard the funds received on your behalf. Parties acknowledge and agree to the fact that MoneyCollect receives funds on behalf of Parties, and saves them in the manner as instructed by MoneyCollect. Each incorrect payment is therefore the consequence of incorrect instructions to that effect given by MoneyCollect. Each request for a payment to which you are or think you are entitled will therefore be a request to MoneyCollect.
F.2. Clearing Funds and Reserves
All funds resulting from Charges are held in pooled clearing accounts (the “Clearing Accounts”) with our banking partners. We will settle funds to and from the Clearing Accounts in the manner described in this Agreement; however, you have no rights to the Clearing Accounts or to any funds held in the Clearing Accounts, you are not entitled to draw funds from the Clearing Accounts, and you will not receive interest from funds maintained in the Clearing Accounts. Funds in the Clearing Accounts are safeguarded in accordance with our statutory obligations.
In certain circumstances, we may require you to place funds in reserve or to impose conditions on the release of funds (each a “Reserve”). We may impose a Reserve on you for any reason if we determine that the risk of loss to MoneyCollect, Customers, or others associated with your MoneyCollect Account is higher than normal. For example, we may hold a Reserve if: (i) your or your Customers’ activities increase the risk of loss to us or to your Customers, (ii) you have violated or are likely to violate this Agreement, or (iii) your MoneyCollect Account has an elevated or abnormally high number of Disputes. If we impose a Reserve, we will establish the terms of the Reserve and provide you Notice of the amount, timing, and conditions upon which the funds in the Reserve will be released to you. In many cases, the Reserve amount will be the entire amount of Charges processed using the Payment Processing Services. We may change or condition the terms of the Reserve based on our continuous assessment and understanding of the risks associated with your MoneyCollect Account, if required to do so by Payment Method Providers or Payment Method Acquirers, or for any other reason. We may fund the Reserve with funds processed through your use of Payment Processing Services, by debiting the Payout Account or another bank account associated with your MoneyCollect Account, or by requesting funds directly from you.
To the extent possible, we prefer to identify the necessity for a Reserve in advance of establishing one. If you are concerned that we will impose a Reserve on you due to the nature of your business activities, please contact us before using the Services.
F.3. Dormant Accounts
If you leave any funds dormant in a MoneyCollect Account and you do not give us instructions where to send them, we may be required by Law to deem the funds to be abandoned by you, and to deliver them to various government agencies. To the extent required by Law, we will attempt to provide you Notice if we hold funds payable to you in an account beyond the applicable dormancy period (in 3 months) for abandoned property. If we are unable to contact you, we will treat the funds in your MoneyCollect Account to be abandoned and will deliver them to the appropriate government authority.
F.4. Rates
MoneyCollect charges a rate per successful Transaction. The amounts of the rates MoneyCollect charges are displayed in your Dashboard. Where this is not the case, the basic rate displayed on the public website of MoneyCollect is applicable.
MoneyCollect is entitled to adjust the rates unilaterally. If this concerns an increase in the rate, we will inform you at least five (5) business days before this new rate takes effect, by e-mail or via the MoneyCollect Dashboard. If you inform us within five (5) business days- after receiving this information from MoneyCollect, in writing or by e-mail, of the fact that you do not agree to this increase, you will have the right to terminate this Agreement as of the date on which the new rate takes effect. Without notification on your part and/or failure to terminate the Agreement, the rate increase will take effect on the date as initially set by MoneyCollect.
All rates listed in this Agreement or on MoneyCollect’s site are exclusive of VAT and other government charges, unless explicitly stated otherwise.
F.5. Transactions
MoneyCollect only processes Transactions that are authorized by the relevant Intermediary/Intermediaries and/or the Financial Institution involved in the specific Payment Method and/or Customer. You yourself are responsible for checking the correctness of the Transaction Data presented to the Payment Module in connection with the purchase of products and/or services.
On each Transaction, there will only be a contractual relationship between you and the Customer(s) on the one hand, and a Financial Institution and Customer on the other.
If you engage in Transactions with Customers who are individuals (i.e. consumers), you specifically agree to provide consumers disclosures required by Law.
F.6. Refunds
MoneyCollect gives no guarantees and accepts no liability for Transactions that are automated and completed, but which at a later stage, in whatever form, are reversed by the Customer or the Financial Institution. Such Refunds may be the (non-limitative) result of:
i. a dispute with the Customer;
ii. unauthorized or incorrectly authorized Transactions;
iii. Transactions that do not comply with the rules of the relevant Transaction-processing network of the card-issuing agency involved or this Agreement, or which are allegedly unlawful or suspicious, or
iv. other reasons used by the Card Network, the Financial Institution or the Cardholders card-issuing institution.
You are fully responsible and liable for Refunds, irrespective of the reason for, timing of or termination of the Refund. In the event of a Refund, you will be immediately liable to MoneyCollect for the entire amount of the Refund, together with any costs and penalties, including the penalties that could be imposed on MoneyCollect by the Intermediary/Intermediaries and Financial Institution. You agree that MoneyCollect may, and hereby authorize MoneyCollect to, set off the total claim based on the Refunds against your claim against MoneyCollect, or debit the amount from the bank account known to MoneyCollect. If MoneyCollect is unable to collect this claim itself, you must pay MoneyCollect the full amount immediately on request.
In addition to the above, if there is a suspicion that a certain Transaction can result in a Refund, MoneyCollect will be entitled to retain the amount of the possible Refund, or to withhold it from the balances you are yet to receive, until the time that:
i. a Refund is established as a result of a complaint from a Customer, in which case the Financial Institution will retain the funds;
ii. you have successfully disputed a Refund;
iii. under the relevant laws or regulations, the period has expired during which a Customer can dispute the Transaction in question; or
iv. we have established that a Refund will not take place anymore.
You have the possibility to dispute the Refund imposed on you. We can assist you in doing so by means of notifications and software. We, however, do not accept any liability for our role or our assistance in disputing the Refund. You declare that you will provide us in a timely fashion, at your own expense, with the information needed to investigate and help resolve the Refund. You give us permission to share relevant information with the card holder, the card-issuing institution and the Financial Institution to help resolve a dispute. You are aware that not providing us in a timely fashion with complete and accurate information can result in a final, irreversible Refund. If the card-issuing institution or the relevant Intermediary/Intermediaries does/do not resolve a dispute to your advantage, we can claim the amount of the Refund and related costs from you, as specified in this Agreement. We reserve the right to charge costs for our investigation and the mediator’s role in relation to Refunds.
MoneyCollect, the Financial Institutions or the Intermediary/Intermediaries may decide that you are responsible for an excessive number of Refunds. An excessive number of Refunds can result in additional costs and penalties. They can also lead to restrictions in the way in which you can use our services, including, but not limited to:
i. changes in the conditions for and the amount of the guarantee to be retained by MoneyCollect;
ii. increase of the costs charged;
iii. delay in outpayments, or
iv. possible suspension or termination of the Payment Technology Services provided by MoneyCollect.
In the event of an excessive number of Refunds, the Financial Institutions and/or Intermediaries can also implement additional checks and restrictions in the processing of your Transactions.
F.7. Settlements and Payout Schedule
The payment of a Balance to you will be made from a threshold value, usually HK$ 10,000/US$ 1,300, unless Parties have agreed otherwise. In the event that MoneyCollect discovers a difference in the payment made to you and the outstanding Balance, MoneyCollect reserves the right to settle the difference or reclaim the incorrect payment until the situation has been corrected. You can set the settlement frequency in the Dashboard.
MoneyCollect is entitled to change the settlement frequency or to suspend Payment Technology Services and settlements (temporarily), or to cancel Transactions, for instance in case of complaints, attachments or investigation into possible Fraud. Your obligations relating to the use of the Payment Module will remain fully in force during this period.
a. Your Payout Account: will, with its banking partners, arrange to settle funds to the bank or other financial institution account that you designate (your “Payout Account”). You affirm that you are authorized to initiate settlements to and debits from the Payout Account, and that the Payout Account is owned by you, and administered and managed by a financial institution located in Hong Kong SAR. If you update your Payout Account (including via the Dashboard) then you must ensure that you continue to comply with the requirements of this section. We may require you to provide us with documentary proof demonstrating your compliance with this section, and your failure to provide such proof will constitute a breach of this Agreement.
b. Settlement to Your Payout Account: A positive balance in your MoneyCollect Account will result in settlement to your Payout Account and a negative balance in your MoneyCollect Account will result in a deduction, set-off and/or debit of the amounts owed in accordance with Section C.9 below. We may reduce the amount settled to your Payout Account by the amount of Fees, Fines, and amounts owed to us for any reason.
c. Payout Schedule: The term “Payout Schedule” refers to the time it takes for us to initiate settlement to your Payout Account. Your Payout Schedule is specified in the Dashboard. MoneyCollect may require a holding period before making initial settlement to the Payout Account. After the initial settlement of funds, we will settle funds to the Payout Account according to the Payout Schedule; however, please be aware that a Payment Method Provider, a Payment Method Acquirer, or the financial institution holding your Payout Account, may delay settlement for any reason. We are not responsible for any action taken by the institution holding your Payout Account to not credit the Payout Account or to otherwise not make funds available to you as you expected.
We reserve the right to change the Payout Schedule or to suspend settlement to you. Examples of situations where we may do so are: (i) where there are pending, anticipated, or excessive Disputes, Refunds, or Reversals; (ii) in the event that we suspect or become aware of suspicious activity; or (iii) where we are required by Law or court order. We have the right to withhold settlement to your Payout Account upon termination of this Agreement if we reasonably determine that we may incur losses resulting from credit, fraud, or other legal risks associated with your MoneyCollect Account. If we exercise our right to withhold a Payout for any reason, we will communicate the general reason for withholding the Payout and give you a timeline for releasing the funds.
d. Incorrect Settlement: The information required for settlement will depend on the financial institution holding the Payout Account. Please make sure that any information about the Payout Accounts that you provide to us is accurate and complete. If you provide us with incorrect information (i) you understand that funds may be settled to the wrong account and that we may not be able to recover the funds from such incorrect transactions and (ii) you agree that you are solely responsible for any losses you or third parties incur due to erroneous settlement transactions, you will not make any claims against us related to such erroneous settlement transactions, and you will fully reimburse us for any losses we incur.
Security and Confidentiality
G.1. Fraud
MoneyCollect will have the right to terminate this Agreement with immediate effect or suspend the Provision of Services or settlements temporarily in the event of (a suspicion of) Fraud, indications of Fraud and/or situations in which more detailed investigation needs to be done. You will be notified of this by e-mail or telephone, unless such notification is not considered desirable in the context of the investigation; MoneyCollect will not be liable for losses incurred as a result of this investigation.
G.2. Security and Fraud Measures
MoneyCollect can provide you with security procedures and measures or make suggestions with a view to reducing Fraud. These procedures and measures can include processes or systems developed by MoneyCollect or by third parties. You agree to assess these procedures and measures and choose which of them are appropriate for your activities in order to protect you against unauthorized Transactions, and, if necessary, to use additional procedures and systems not provided by MoneyCollect. Switching off or refusal to use the security measures and/or procedures increases the chance of unauthorized Transactions.
If applicable to you, you are responsible for use of information on lost or stolen cards by which goods and/or services can be purchased on your website. MoneyCollect is not responsible, nor does MoneyCollect indemnify you for losses or damage caused by the use of lost or stolen cards for the Payment Technology Services. This also relates to losses arising from the use of lost or stolen credit cards to make purchases via your Website, or caused by user names and passwords getting into the wrong hands.
G.3. Fraud Risk
While we may provide or suggest Security Controls, we cannot guarantee that you or Customers will never become victims of fraud. Any Security Controls we provide or suggest may include processes or applications developed by MoneyCollect, its affiliates, or other companies. You agree to review all the Security Controls we suggest and choose those that are appropriate for your business to protect against unauthorized Transactions and, if appropriate for your business, independently implement other security procedures and controls not provided by us.
If you disable or fail to properly use Security Controls, you will increase the likelihood of unauthorized Transactions, Disputes, fraud, losses, and other similar occurrences. Keep in mind that you are solely responsible for losses you incur from the use of lost or stolen payment credentials or accounts by fraudsters who engage in fraudulent Transactions with you, including any related Disputes. We may assist you with recovering lost funds, but you are solely responsible for losses due to lost or stolen credentials or accounts, compromise of your username or password, changes to your Payout Account, and any other unauthorized use or modification of your MoneyCollect Account.
MoneyCollect is not liable or responsible to you and you waive any right to bring a claim against us for any losses that result from the use of lost or stolen credentials or unauthorized use or modification of your MoneyCollect Account unless such losses result from MoneyCollect’s willful or intentional actions. Further, you will fully reimburse us for any losses we incur that result from the use of lost or stolen credentials or accounts.
We may also provide you with Data regarding the possibility or likelihood that a Transaction may be fraudulent. We may incorporate any subsequent action or inaction by you into our fraud model, for the purpose of identifying future potential fraud. You understand that we provide this Data to you for your consideration, but that you are ultimately responsible for any actions you choose to take or not take in relation to such Data.
G.4. Confidentiality
Parties will, barring prior written consent from the other Party, treat all data and information about the other Party that is secret or of confidential nature as strictly confidential, secure it in an appropriate manner and not disclose them to third parties in any way whatsoever. Parties will only use the above-mentioned information in the context of the Agreement.
Secret or confidential information is, barring written consent or what is stipulated by the Agreement, in any case, but not limited to: all information that is explicitly indicated as secret or confidential by the other Party, all information and data Parties come to know in the context of the Agreement, technical, financial and business information, drawings, formats, concepts, source codes, pilots and all other information which Parties know, or reasonably ought to know, is secret or of a confidential nature and should not be disclosed to third parties, for example because its disclosure could result in a reasonable chance that the other Party could incur a loss or other disadvantage.
Nor may Parties use or disclose confidential information and/or data provided to them or which they have come to know in the context of an Agreement in the event of, whether premature or not, full or partial termination of an Agreement, or after the termination of an Agreement.
Parties are entitled to disclose or hand over confidential information of the other Party to the competent authorities, in cases in which they are required to do so under applicable statutory provisions, or in which MoneyCollect is required to deliver it to an Intermediary on the basis of agreements made with such an Intermediary.
MoneyCollect is entitled to provide information (including confidential information) to an intermediary and/or a Financial Institution in the event of (a suspicion of) fraudulent use of the Payment Module and/or at the request of an Intermediary and/or Financial Institution.
Privacy
H.1. Responsibilities of Parties in relation to Data Protection
Personal Data are processed in the context of the execution of the Agreement. With respect to the processing of the Personal Data, both Parties are controllers within the meaning of the General Data Protection Regulation, insofar as they independently determine the purposes and means for the processing. Parties must take appropriate technical and organizational measures for the protection of Personal Data. If asked, Parties will inform each other of the security measures taken.
MoneyCollect is responsible for the protection of Payment Data in its possession, and will take all administrative, technical and physical measures reasonable from a commercial point of view to protect your Personal and Payment Data against unauthorized access or unintended loss or alteration. Notwithstanding the above, MoneyCollect cannot guarantee that unauthorized third parties will never be able to breach or circumvent the security measures taken by MoneyCollect and use the Personal and/or Payment Data for malafide purposes. You accept this risk if you provide us with your own and your Customers’ Personal Data.
MoneyCollect will process Personal Data in the context of its services, in connection with statutory obligations, and to safeguard the security and integrity of, inter alia, its organization and the financial sector. In processing Transactions and payments, MoneyCollect works together with different Financial Institutions and MoneyCollect shares Personal Data with Financial Institutions.
MoneyCollect will only make Personal Data available to third parties in the contexts of its services. In addition, in case of complaints or questions from your Customers, MoneyCollect can share your contact information with your Customers.
By using MoneyCollect Checkout, you agree to the MoneyCollect Privacy Policy, which is incorporated into and forms part of these Terms of Service. You should be aware that your data may be transferred, processed and stored outside of your country (including, if you are located in the European Union, outside of the European Union), and that your data may be subject to disclosure as required by applicable law. MoneyCollect has implemented reCAPTCHA on MoneyCollect Checkout. Use of reCAPTCHA is subject to the Google Privacy Policy and Terms of Service.
H.2. Protection of Users’ Data
In your contract with your Customer, or in the general terms and conditions applicable to the relationship with your Customer, you must state that you use MoneyCollect for the processing of Transactions, and that Personal Data of your Customer are shared with MoneyCollect in this context. If applicable, you must ensure that your Customer, directly or indirectly, gives MoneyCollect all required (explicit) consents as referred to in the applicable privacy legislation.
You guarantee that you comply with all requirements set by the GDPR for the processing of Personal Data as presented to the Payment Module by you as the Organization or by your customers. Should you fail to comply with this obligation, or in the event that an Intermediary or a Financial Institution, court of government institution so requests or requires of MoneyCollect, MoneyCollect will be entitled to suspend its obligations with respect to you.
You are fully responsible for the security of the data on your website(s), your app, or otherwise in your possession. You agree to comply with all applicable national and international laws and regulations pertaining to the collection, secure storage and dissemination of Payment Data or Personal Data on your site, your app or otherwise.
If applicable to you, you must comply with the rules as set out in the relevant parts of the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS). If, in spite of this, an ‘Account Data Compromise’ (ADC) occurs nevertheless, and it occurs through your actions, you will be liable for this. In the event that MoneyCollect and/or an Intermediary conducts an investigation as a result of an ADC, and costs are involved in this investigation, you hereby accept these costs in advance, only, however, insofar as MoneyCollect has shared the amount, or an indication, of these costs beforehand with you. You can find information on PCI-DSS on the website of the PCI Council.
If MoneyCollect considers it necessary to verify whether you meet the aforementioned PCI standards, you must immediately provide the documents from which this is clearly and unambiguously evident. You declare that you will only use suppliers that meet the PCI standards when it comes to the storage and transmission of Payment Data, particularly concerning, but not limited to, the card number (referred to as the Primary Account Number or PAN), the expiration dates of cards and the CVV2 code. You are advised not to store any such data at all, and you are aware that it is strictly prohibited at all times to store the CVV2 code in any form.
In the event of a (suspected) data breach at your organization, in which Payment Data may be involved, you must notify MoneyCollect of this data breach without delay, and under no circumstances later than two days (48 hours) after discovery of the data breach. MoneyCollect or another Financial Institution may request additional information on this data breach, in which case you must provide such information without delay.
Final Stipulations
I.1. Limitations of Liability; Force Majeure
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or representatives; for fraud or fraudulent misrepresentation. Nothing in this section or these terms will affect your statutory rights as a consumer.
Except under the circumstances stated above, in no event shall MoneyCollect be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with MoneyCollect or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services.
In addition to and without limiting any of the foregoing, MoneyCollect shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of itself, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, strikes or other industrial action, power failures and Internet outages.
I.2. Intellectual Property
All intellectual property rights, including, but not limited to, all existing and future rights and claims on, or in relation to, the use of copyrights and neighboring rights, chip rights, trade name rights, trademark rights, domain names, patent rights, design rights and database rights in relation to the platform or related items, will be vested exclusively in MoneyCollect.
You have a right of use regarding a Payment Technology Service for the term of the Agreement, to the extent it is necessary for performance of the Agreement. None of the stipulations in this Agreement will entitle you to any right with respect to the platform and/or the Payment Module or related items.
You will never have the right to make any adaptation or modification to the platform and/or the Payment Module, nor the right to make copies of them, to decompile the platform and/or the Payment Module and/or to modify or attempt to modify them otherwise.
I.3. Complaints , Outages and Support
When you discover a problem that renders the Payment Module unusable in the way specified in the Agreement, you must report this to MoneyCollect as soon as possible. MoneyCollect will process the report in its registration system and then make maximum efforts to arrive at a remedy for an Outage within a reasonable time, so that the Payment Module will once again provide the agreed functionality. MoneyCollect will remain available during office hours to provide you with a reasonable level of technical support with your use of the Payment Module.
You yourself are solely responsible for supporting your Customers. You are responsible for replying to e-mails from Customers within a reasonable time, when the questions in the e-mails relate to the use of the Payment Module.
You must notify MoneyCollect as soon as possible after discovering an Outage. In the event of an Outage, the following protocol must be followed:
i. you must notify MoneyCollect of the Outage as soon as possible;
ii. MoneyCollect will start an investigation into the Outage and make efforts to arrive at a Solution within a reasonable time;
iii. MoneyCollect will inform you of the Solution put in place.
I.4. Term , end and transfer of this Agreement
This Agreement is effective as of the date this Agreement is accepted by you. The Agreement is effective for an indefinite period of time. Each Party has the right to terminate the Agreement, taking into account a notice period of at least five (5) business days. Each Party may terminate this Agreement with immediate effect (in writing) in case the other Party:
i. is declared bankrupt, has been granted a moratorium on payment, has discontinued its business activities or has been liquidated;
ii. has not complied with its obligations under this Agreement for a period of five (5) business days after being sent a written notice of default.
I.5. Miscellaneous other stipulations
This Agreement supersedes all previous agreements between Parties, regardless of whether these agreements were made orally or set out in writing. MoneyCollect reserves the right to amend this Agreement. The notification hereof can be made in writing, by e-mail or via the MoneyCollect Dashboard. The amendments will enter into effect five (5) business days after notification, unless stipulated otherwise. If you do not wish to agree to these amendments, you will be entitled to terminate the Agreement, with a notice period of five (5) business days.
This Agreement is governed exclusively by Hong Kong SAR law and Parties must bring disputes before the court in Hong Kong SAR. If the court declares articles from this Agreement invalid, the other articles will remain fully in force.
MoneyCollect has the right to outsource some of its services to third parties.
Transfer by you of this Agreement or the rights and obligations contained in it is only possible with prior written permission from MoneyCollect, which permission can be given under certain conditions, to be determined at such time. You hereby give MoneyCollect permission in advance, as referred to the Hong Kong SAR law, to transfer an Agreement at any time desired by MoneyCollect to a third party to be indicated by MoneyCollect. If and insofar as necessary or desirable, you undertake as well to confirm the aforementioned permission in writing.
I.6. Representations and Warranties
By using MoneyCollect Checkout you confirm that you are at least 18 years of age and that you will not use MoneyCollect Checkout for any fraudulent, unlawful or abusive purpose.
I.7. Disclaimers
MoneyCollect Checkout, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through MoneyCollect Checkout, are provided “as is.” To the fullest exten t permissible by law, MoneyCollect), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by MoneyCollect Checkout, or for any breach of security associated with the transmission of sensitive information through MoneyCollect Checkout. To the fullest extent permissible by law, MoneyCollect disclaims any warranty of any kind with respect to the services, noninfringement, merchantability, or being fit for a particular purpose. MoneyCollect does not warrant that the functions contained in the services will be uninterrupted or error free. MoneyCollect shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions, unless such service interruption has been caused by MoneyCollect.
