These Terms of Service (hereinafter referred to as the “Terms of Service”) are an agreement between Pay Solutions Co., Ltd., with its registered office at 90 CW Tower Building B, Floor 25, Unit B2502, Ratchadaphisek Road, Huay Kwang Sub-district, Huay Kwang District, Bangkok 10310 Thailand (hereinafter referred to as “Pay Solutions”) on the one hand, and the Pay Solutions Online Payment System User (hereinafter referred to as the “Merchant”) on the other hand, whereby

1. Pay Solutions is a licensed business operator to provide payment collection services on behalf of cardholders and to provide support services to cardholders through the electronic payment collection system.
2. The Merchant is the owner and/or operator of a business or has the legal right to sell goods and/or services to customers.
3. The Merchant intends to use Pay Solutions’ electronic payment system to facilitate customer payments to the Merchant.

The Merchant has understood these Terms of Service in detail before using the service and will regularly check these Terms of Service. If there are any questions about the service, you can contact customer service through the channels that Pay Solutions has specified and notified. The terms and conditions of the service are as follows.

1. Payment System Service

Pay Solution agrees to service and store agrees to receive service for payment system and/or electronic service from Pay solutions. Aforementioned service including full amount payment receive, instalment payment by credit card and the interest will be responsible by store, instalment payment by credit card and the interest will be responsible by customer. Store offer for sale via store’s website or Mobile Application and/or via social media under this contract condition (further will be called as “service”)

2. Receiving payment service condition

2.1 Service under this condition receive payment from 5 (five) Baht to 300,000 (Three hundred thousand) Bath per item only.
2.2 Payment received service by interest is responsible by store or customer, store needs to notice product and/or service detail that store want customer to pay by installment. Including condition of payment to Pay Solutions in advance at least 3 (three) months official hours before provide sale offer for product and/or service for Pay Solution to approve instalment payment case by case.
2.3 Payment received service by interest is responsible by store or customer, customer can pay for product and/or service by 3 (three), 4 (four), 6 (six), 9 (nine) and/or 10 (ten) months only.
2.4 Payment received service by interest is responsible by store or customer must be amount from 3,000 (three thousand) Baht per item only.
2.5 Payment received service by interest is responsible by store or customer, customer can only choose to pay by credit card from Kasikorn Bank, Siam Commercial Bank, Bangkok Bank, Krung Thai Bank, and/or Bank of Ayudhya and/or Krung Sri First Choice Bank only.

3. Service Duration

3.1 Both parties agree that this contract is effective by the date of this contract created until one of the parties use the right of termination under this contract condition.
3.2 Each party has the right to terminate this contract by notice to another party by letter at lease 30 (thirty) days before the date of termination.

4. Service fee

4.1 Store agree to pay fee and/or special fee to Pay Solutions for the service under this contract based on condition stated in this contract
4.2 Store agree to pay special fee to Pay Solutions by the time period that customer chose to pay for product and/or service by instalment as number 2.3 in this contract
4.3 Pay Solutions reserve the right for service fee and/or special service fee changing under this contract along this contract period. The change will be effective after notice by letter to store at least 30 (thirty) days before the aforementioned fee changing effective

5. Payment Remittance

5.1 Pay Solutions will remit the payment under this contract after deduct fee as stated in number 4 and/or other payment under this contract (if any) to store within 2 (two) working days of Pay Solutions and banks start from the day got payment from customer by deposit to store’s bank account based on bank account detail under this contract. If the payment remittance date is on Pay Solutions’ or bank’s holiday, the payment will be remitted in the next day.
5.2 For the purpose of payment calculation under this contract, both parties agree to accept that the payment of each day starts from 9.00PM of the previous day until 8.59.59PM of that day.
5.3 Store is acknowledged and well understand that store has no right to call for any damages after got payment from Pay Solutions
5.4 In case that store set price of product and/or service by foreign currency, store agree for Pay Solutions to pay for product and/or service to store by Thai Baht by the latest exchange rate that Pay Solutions set by the day that order of product and/or service is pasted
5.5 In case each party find out that the amount paid to store by Pay Solutions is more than actual amount that store should be received under terms and conditions of this contract The aforementioned party will notice to another party by letter immediately and both parties agree to investigate the aforementioned mistake together if

1. ) Both parties investigate together and found out that the amount paid by Pay Solutions is greater than the amount that store should be received under terms and condition of this contract. Store will pay the excess amount to Pay Solutions within 7 (seven) days start from the date both parties investigate together by store’s expense. Or deduct from any amount that Pay Solutions will remit to store under terms and condition of this contract
2. ) Both parties investigate together and found out that the amount paid by Pay Solutions is less than the amount that store should be received under terms and condition of this contract. Pay Solutions agree to pay the missed amount to Pay Solutions within 7 (seven) days start from the date both parties investigate together by Pay Solution’s expense

5.6 In case Pay Solution’s doubt about credit card usage and/or the validity of credit card or any time that create damages to Pay Solutions. Pay Solutions agree to notice to store by letter immediately. And Store agree for Pay Solution to seize the amount of money that is doubted or may create damage to Pay Solutions. And/or restrain the service under this contract immediately
5.7 In case that doubt about credit card usage and/or the validity of credit card or any time that create damages to Pay Solutions in number 5.6 is ended. Pay Solutions agree to pay the seized payment in number 5.6 to store within 90 (ninety) days start from the doubt is ended

6. Payment transaction fee

Store is noticed and agree to responsible for all expense related to product and/or payment remittance or any amount of money under this contract to store (if any) Including but not limited only bank transaction fee, Pay Solutions do not need to issue bank transaction fee that is collected by bank to store

7. Tax

Every tax payment occurred under this contract would be paid under revenue code

8. Payment cancellation

Store can cancel payment under this contract by condition below

1. ) Store can cancel payment amount if total payment is less than or equal to the amount Pay Solutions will need to remit to store and not yet remitted. Store agree for Pay Solutions to deduct money in the same amount of cancelation amount from not yet remitted amount.
2. ) Payment cancellation need to be full amount of aforementioned transaction. In case of partial cancellation, Pay solutions may consider to cancel for case by case
3. ) Payment cancellation need to be full amount of aforementioned transaction, Pay Solution will cancel payment to store without any excess fee. In case store notice for cancellation within 7 (seven) days start from the aforementioned transaction occur, store agree for Pay Solutions to charge for cancellation fee for 300 (three hundred) Bath per transaction
4. ) Store acknowledge and well understand that Pay Solutions will not return transaction fee at the specified rate in any case

9. Dispute Payment

In case Pay Solutions get notice from bank or other service provider that some payment cannot be collected or card holder cancel or seize the card or bank or service provider has doubt about fraudulently usage of credit card. And Pay Solutions is called for compensate related to aforementioned amount to bank or other person, store agree to deduct the aforementioned amount from product and/or service payment that Pay Solutions got under this contract. In case the amount of money Pay Solutions got for store under this contract is less that the amount Pay Solutions need to compensate to bank or other person, store agree to pay the different amount within 7 (seven) days start from Pay Solutions’ notice by letter is received.

10. Store Duty

10.1. In case payment via credit card or debit card, the store needs to set a message on the store's website Mobile Application and/or Social Media that the store accepts the payment via credit card or debit card that the customer provided details to store.
10.2. In case payment via credit card or debit card, customer needs to provide credit card or debit card detail by themselves and store would not keep customer’s credit card or debit card detail
10.3. Store agree to sell product and/or service to customer with the price that is not higher than selling price of product and/or service from other selling channel. And store will not call for additional payment from customer aside from payment via Pay Solutions under this contract. In case store provide special service for example discount, gifts, benefits, or premium product to customer that pay for product and/or service for other selling channel, store agree to provide the aforementioned special service to customer via Pay Solutions’ service other this contract too.
10.4. Store agree to display clearly this information on store’s website and/or Social Media

1. ) Store’s Name
2. ) Information and detail of product and/or service
3. ) Product and/or service price
4. ) Detail and procedure for pasting order also lead time of product and/or service. Including procedure during receive product and/or service, as well as store’s limit in term of delivery product and/or service to customer.
5. ) Condition for product return and/or service cancelation, and product and/or service payment return.
6. ) Store’s location or office
7. ) Phone number, fax number or email address for customer to contact
8. ) Store’s privacy policy and security policy

10.5. Store agree that

1. ) In case of selling product, customer needs to receive product within 15 (fifteen) days start from the date of order pasted. Product needs to be packed as advertised, without any defective. For the delivery term, store needs to provide receiving document to be an evidence of receiving every time of delivery.
2. ) In case of service, store needs to provide service with quality as advertised

10.6.Store agree to store merchant documents or evidence and delivery product and service for 5 (five) years start from the date of delivery aforementioned product or service. Store will provide aforementioned document to Pay Solutions as soon as Pay Solution ask for.
10.7. In case store wants to show trade mark, symbol or logo of Pay Solutions, bank, credit provider and/or other service provider of Pay Solution on store’s website, store need to show the trade mark, symbol or logo clearly and equally for customer to easily see
Store also agree to comply with term and condition to show trade mark of Pay Solutions, bank, credit provider and/or other service provider of Pay Solution, Pay Solution will notice from time to time
10.8. Store will not store or disclosure customer’s credit card or debit card information. And store will comply with condition of Payment Card Industry Data Security Standard and other condition related that set by bank, credit provider and/or other service provider of Pay Solutions.
10.9. Store agree to cooperate with Pay Solutions in investigation that Pay Solution has duty to comply with law and/or the contract. Including but not limited to Know Your Customer Process, Customer Due Diligence investigation and Anti-money laundering process.
10.10. Store agree to notice to Pay Solutions for fact or information leads to calling for damage or responsibility from Pay Solution, bank, credit provider, and/or other service provider of Pay Solution and third party as soon as store get the aforementioned fact or information.
10.11. Store agree in case that information provided and/or disclosure to Pay Solutions including but not limited to categories, type, business type, owner, store name, website, Mobile Application name, Social Media and product detail and/or service that store is selling and/or service to customer has changed or no longer true, store will notice information to Pay Solutions within 7 (seven) days after the change has made.
10.12. Store accept that store will not sell product and/or service that is conflict to law, rule, regulations, principle or authorized institution order, conflict to moral or social culture or may affect to Pay Solutions’, bank’s, credit provider’s and/or other service provider’s image. Pay Solution may notice to store by letter from time to time.
10.13. Store will provide service under this condition to third party or agree third party to use the service under this condition without permission by letter from Pay Solutions.
10.14. Store will not limit or omit its responsibility by let customer give up to oppose or claim for damage from store that caused by purchasing product and/or service from store and customer paid via Pay Solution service system under this condition
10.15. Store agree that store will comply with the law, rule, regulation or order from related authorize institution related to store business operation throughout this contract effective period
10.16. Store acknowledge and well understand that store is responsible to issue receipt and invoice or payment evidence to customer as required by law.
10.17. Store agree that Pay Solution is only in charge of representative for get payment for production and/or service for store only. The business under this contract, Pay Solution is not agent, broker, joint venture, cooperated business or stock holder, Pay Solutions does not aware of any contract between store and customer, or right and other duty between store and customer. If there is any conflict occur by store does not comply with contract made with customer and/or customer does not comply with contract made with store, mistaken, delay, defect, damage including product and/or service quality in any case, Pay Solutions does not need to pay any responsibility, store is the only one who is in charge.

11. Store’s guarantee

Store guarantee that

1. ) Store is operating business comply with law.
2. ) Store is permitted by law to operate the business.
3. ) Store will use service under this contract for product and/or service payment via store’s website, Mobile application and/or selling via Social Media that can be investigated by public only
4. ) Every information store provide or disclosure to Pay Solution under this contact or related to Pay Solutions’ service to store are all correct, complete and truth

12. Deposit for performance of contract

12.1. In case store change product and/or service and payment or sale amount significantly increase or decrease, or Pay Solution get complain from customer, service provider, payment person, bank or service provider of Pay Solutions many times, or store get benefit from store business from unlawful factor, Pay Solutions may call for deposit for performance of contract with the amount that Pay Solutions set. (This will be called as “deposit” further in this contract). And store agree to provide aforementioned deposit to Pay Solutions within 30 (thirty) days start from Pay Solution letter notice date. And store agree for Pay Solutions to deduct aforementioned deposit for pay for damage or any amount of money store needs to pay for Pay Solutions under this contract.
12.2. After Pay Solutions deduct deposit to pay for damage or any amount of money that store needs to pay to Pay Solutions under this contract, Pay Solution will notice to store as soon as possible. And store agree to provide the deducted deposit to remain the initial amount within 7 (seven) days to Pay Solution after get notice by letter.
12.3. Pay Solutions will return deposit after deduct for damage pay or any amount of money that store needs to pay to Pay Solutions under this contract to store within 180 (one hundred and eighty) days after this contract has ended.

13. Consent of Disclosure

13.1. For the sake of benefit and preventing or deterring of corruption, when bank, credit provider and/or service provider of Pay Solutions’ or when Pay Solutions request, store agree to disclose information related to store, store’s business, store’s branch, trading, service providing, service receiving related to Pay Solutions’ receive payment system under this contract to outsider as Pay Solutions view as proper without any permission or ask of consent from store. And store will not call for compensation or claim for any damage cause by aforementioned Pay Solutions’ disclosure information.
13.2. If information as number 13.1 cause to store branch or outsider sue for damages from Pay Solutions, store agree to negotiate and compromise settle a dispute and take action to protect right of disclosure for Pay Solutions by store’s expense, including pay for damages for Pay Solutions. And if Pay Solutions get any damage, store agree to pay for damage to Pay Solution immediately after Pay Solution notice to store.

14. Limitation of Resposibility

14.1. Store and Pay Solutions do not need to pay for responsibility caused by store or Pay Solutions cannot perform its duty because of force majeure considered case by case
14.2. Store agree that Pay Solution does not need to pay for any damage cause under this contract, unless the aforementioned damage caused by deliberate acts or omissions or gross negligence from Pay Solutions.

15. Confidentiality

Store agree to keep confidentiality of information got from Pay Solutions from service under this contract. Store would not disclose aforementioned information to outsider or use aforementioned information for other purpose aside from use for the right or perform its duty under this contract without Pay Solution permission by letter in advance.

16. Intellectual Property

Store agree that Pay Solutions’ intellectual related to Pay Solutions’ service under this contract including but not limited to copyrighted work, trade mark, and creation no matter got registered by law or not are all Pay Solutions’ intellectual property. In case store need to use Pay Solutions’ aforementioned intellectual properties under this contract, store will use for the purpose as mentioned only, and store will not take any action whether directly or indirectly that will lead to loss of right for Pay Solutions’ intellectual property or infringement of intellectual property rights as protected by law.

17. Personal Information

17.1 Store acknowledges that in order to operate receive payment system under this contract, Pay Solution, bank, credit provider and/or service provider of Pay Solutions may need to collect, use, disclose or progress about store’s personal information, customer and/or outsider that store provide information to Pay Solutions. The detail of personal information and practice for personal information that is collected by Pay Solutions for disclosure or progress for personal information, including rights of personal information owner are stated in Pay Solutions’ Privacy Policy.
17.2 Store agree to thoroughly study and understand Pay Solutions’ Privacy Policy.
17.3 Pay Solution agree to keep store’s, customer’s and outsider’s personal information confidential for case by case. And Pay Solution will not use aforementioned personal information for other purpose aside from usage for receive payment service under this contract. Unless for purpose of comply with related law or in case store approved in advance.
17.4 In order to comply the duty under condition of this contract, if store progress any action related to collection, use, transfer, disclose or evaluate personal data and/or sensitive information. Store need to comply correctly based on Personal Information Protection Act BE.2562 and other law stated about personal information protection. Including control employees and agent not to transfer or disclose personal information or sensitive information to outsider for other purpose than purpose under this contract.
17.5 Any information store disclose to Pay Solutions which are personal information under Personal Information Protection Act BE.2562, store guarantee to Pay Solution that the information is seek legally and/or got legally permitted from each person related to the aforementioned information that permit and allow Pay Solution to collect, use, evaluate, and disclose aforementioned personal information by the purpose under this contract.
17.6 If there are any damages to Pay Solutions caused by store does not comply with number 17.4 and 17.5, including but not limited to Personal Information Protection Act BE.2562, store needs to pay for damage to Pay Solutions.

18. Rights to terminate contract with Pay Solutions

Pay Solutions can ask for terminate the contract immediately by notice to store by letter in following case

1. ) Store disobey or breach any condition of this contract
2. ) There are some reasons lead to Pay Solutions believe that store cannot comply its duty under this contract or store’s duty under merchant contract and/or service contract between store and customer who makes the payment.
3. ) Store change type, category and/or store’s business type including but not limited to store’s name, website name, Mobile Application name, Social Media name and/or category and product and/or service for sale and/or service to customer. And Pay Solution consider that the aforementioned change leads to higher risk than Pay Solutions’ acceptable.

19. Amendment to the contract

Store acknowledge and agree that Pay Solutions is the only party have the right to change and/or add clauses to this contract. And Pay Solutions will notice to store by letter at least 30 (thirty) days in advance of aforementioned changing and/or adding effective.

20. Notice

Notice under this contract needs to be in letter, and deliver notice via store’s email or store’s contact that is set in this contract or as store notice to Pay Solution afterward, or Pay Solutions’ email support@paysolutions.asia and another party is counted as notice received after the notice is sent

21. All contracts of the parties

Both parties agree conditions and contracts in this contract to represent contracts, condition, document and/or negotiation contact in any form occur before this, between Pay Solutions and store both by oral or written.

21. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Thailand.