iPay88 Payment Gateway Service
Terms & Conditions
This Terms and Conditions governs between (i) Company, an entrepreneur conducting sale of goods and/or services businesses, who intends to request iPay88 for receiving payments via credit/debit card and bill payment of the Banks which participates in providing the services under this Memorandum ((hereinafter referred to as the “Bank”) by using services of IPAY88, and (ii) IPAY88, a company conducting as service provider as an agent to receiving the payment via cash electronic card and bill payment for Company follows:
Clause 1. Principle and conditions
1.1 The Company hereby appoints iPay88 for the provision of the Service in accordance with the terms of this Agreement for the duration of the term as defined in Clause 4.1 below and iPay88 hereby agrees to accept the appointment for the provision of the Service to the Company.
1.2 Company is an offer or of sale of goods and/or service by offering information and details of such goods and/or services via Internet and/or via any other electronic channel as agreed with the Banks to the holder of Visa Credit card and/or Master Credit card, JCB, Debit Card and/or Bill payment (hereinafter referred to as the “Card holder”). The Card holder can choose to make a payment for goods and/or services via its credit card or bill payment. However, the goods and/or services which Company offers to sell must not violate the public moral, laws or regulations of government or may have any effect to the image of IPAY88 or impair the reputation of IPAY88
In case Company breaches or does not comply with the above-mentioned Terms and Conditions and it appears that Company sells or provides its services which is regarded in category of medicines, order or organizes any gambles or provides any service in relation to pornography or dating services or sells cigarettes and narcotics or sells and/or renders services related to software, computer programs, song, movies (which such Company does not own the Copyright or does not duly have the rights to do so or any future goods and/or services which may violate the laws, public morals, regulations stipulated in the first paragraph in the future, Company agrees that IPAY88 has its own rights to immediately terminate and cease from acting as service provider for Company as provided in Clause 4. In case there is any loss occurred from the said action, Company agrees to indemnify for any loss of IPAY88 within 7 days from the date of notification of IPAY88 to Company.
In case IPAY88 has any loss or is requested to be responsible to any third party because Company does not act in accordance with or does not comply with the regulations, rules or any laws or whether because of any default of Company, Company agrees to be responsible for any expenses or losses in all respect. In this regard, IPAY88 shall not participate in any action and IPAY88 reserves its right to immediately terminate this Memorandum with Company.
1.3 Company shall receive a purchase order and deliver goods and/or services (as a case may be) as per instruction from the Card holder in accordance with commitment that makes on any advertisement via any communication ways as provided in Clause 1.2 and Company shall be responsible for such expenses and shall do any action by itself. IPAY88 is irrelevant from the said action.
1.4 Company shall ask the Card holder to fill its credit card information on the Website and IPAY88 shall collect any credit card information of the Card holder.
1.5 Company agrees and acknowledges that in order to provide services for receiving payment of goods and/or services from the Card holders via Website, IPAY88 will directly send the information regarding the list of goods and/or services of Company to the Bank. The Bank shall separate the list of goods and/or services, which IPAY88 daily sent to Bank and transfer an amount of payment to IPAY88 account of Company as agreed by Company. Company agreed that the Bank is entitled to deduct a fee as determined by IPAY88 and is entitled to collect the VAT that Company must pay by deducting the amount of money before transferring such money to the account.
1.6 Company agrees to be responsible for list of purchase order of goods and/or services that the Card holder uses the services via IPAY88 system and IPAY88 transfers the amount of money to the account of Company as if Company has directly provided its service to the Card holder, including the list of services that the Bank Issuer or the Card holder rejects afterwards.
1.7 Company shall deliver goods with a proper standard package as advertised. The Card holder shall receive the goods in proper manner, full amount and such goods shall not have any defects. Company shall collect the documents regarding the acknowledgement of delivery of goods, guarantee documents or any evidence of receipt of goods of the Card holder at least 18 months. However, IPAY88 shall not be responsible for any defects of goods and services.
1.8 In case Company requires that the payment of good and/or services shall be made in the foreign exchange rate, Company agrees that the Bank may transfer the money in Baht and in the foreign exchange rate as at the date that the Card holder does the payment transaction and IPAY88 has confirmed such transaction with the net amount after deducting fee and VAT as required by IPAY88.
1.9 Company acknowledges that in case the payment of goods and/or services is made via system of IPAY88, Company shall have the statement that the Card holder agrees to pay via its credit card number that it has informed the Bank and IPAY88 earlier.
- Company’s name or Shop’s name.
- Indicate that the Company uses the Services as provided by iPay88 in which iPay88's name and/or logo shall appear on the Company Website.
- Marks in full color to indicate that payment can be made by way of credit card (hereinafter referred to as “Card Acceptance”);
- Price of goods and/or services per unit;
- Details of offered goods and/or services; Complete description of the products and/or services offered by the Company;
- Indicate if there is any guarantees and/or warranties granted by the supplier and/or manufacturer for such products and/or services;
- Specify or indicate the return / refund policy and terms and conditions of sale and purchase of the products and/or services, which must be acknowledged by the Customers;
- Information of customer services which are the address, telephone number, email address;
- District of Thailand where Company is located (Company must be located or situated in Thailand only);
- Conditions and terms for sale and purchase of goods and/or services;
- Offered currency for sale of goods and/or services; Specify that the transaction currency, cost of products and/or services and the delivery and/or shipping charges shall be in the currency of Thai, Thai Baht (Bath);
- Policy for delivery of goods, method of delivery and delivery fee
- Export restriction (if known);
- Security capabilities & policy for transmission of payment transaction details;
- Legal restriction (if known);
1.11 Company shall sell its goods and/or services to the Card holder at the sale price which advertised to public and such price shall not be higher than sale price of goods and/or services that pay in cash and shall not have any other service fee, fee or other expenses in a same kind as the Card holder because of the Card holder has paid the payment via system of Bank and/or IPAY88. In case there is any additional promotion such as to give discount, gift, privilege or premium for general customers, Company agrees to provide the same as those provided for the Card holder. Company shall not offer any products and/or services at a price lower than the market rate, or use promotional tactics which are not commercially reasonable or acceptable;
1.12 In case there is any suspicious action on any purchase order of goods and/or services, Company agrees that IPAY88 and/or the Bank has its right to inspect or ask for any documents or additional details when requested.
1.13 In case the Bank and/or IPAY88 has been informed by the Card holder or Bank Issuer that he/she does not purchase or ask for any services from Company, the Bank and Company shall prove such order and if the Bank and IPAY88 found that the mistake occurs from Company and cause the Card holder cancel to purchase order, Company agrees that IPAY88 can deduct the money from the account of Company which opened with IPAY88 or Company agreed to return the money that it withdraws from the said account to IPAY88, including any other expenses in relation to the sale of goods and/or services such as shipping cost, insurance cost etc. to IPAY88. In this regard, Company shall not claim to refuse its responsibility with IPAY88.
In case the Card holder or Bank Issuer informs to the Bank and/or IPAY88 that he/she wishes to cancel his/her purchase order of goods and/or services within 45 (forty-five days) from the date of making the purchase order of goods or services or within 30 (thirty days) from the date of delivery of goods or services in written, and the Card holder can prove that he/she does not receive the goods and/or services or the delivery is late from the agreement or partly receive not in full amount as agreed or such goods or services have defected or does not the same purpose as agreed, Company hereby agrees that the Bank may cancel or cease the payment of the Card holder or in case that the Bank has deducted the money from the credit card of the Card holder, if such purchase is a domestic transaction, Company agreed that the Bank may return such amount of money to the Card holder within 30 days (thirty) from the date that the Card holder can prove to the Bank and IPAY88. In case such transaction is an international transaction, the Card holder may, within 60 (sixty) days from the date that the Card holder can prove to the Bank and IPAY88, Company agreed that IPAY88 can deduct the money from the account of Card holder which opened with IPAY88 including shipping cost, insurance fee to the IPAY88. In this regard, IPAY88 and the Bank can immediately do such action without any requirement to inform the Company first and Company shall not claim to refuse its responsibility with IPAY88 in all respect.
In case the Bank shall return the amount of money to the Card holder in foreign currency, Company agreed that IPAY88 can deduct the amount of money from the account of Company in the amount equal to the amount of foreign currency that must be returned to the Card holder. The exchange rate shall be calculated on the date of deduction of IPAY88.
1.14 Company has its duty to keep all documents in relation to the sale, purchase and delivery of goods and/or services and such documents shall be sent to IPAY88 with in 15 (fifteen days) from the date of request. Company shall keep such documents at least 10 years from the date it received such documents as well as keep all evidence that the Card holder agreed that the Bank can deduct the money from their account until the Card holder cancel to receive service from Company or upon the termination of this Memorandum.
Company agreed to keep or reserve all information of purchasing or providing services occurred from electronic transaction on spaces of Company’s website at least 12 (twelve) months from the date of purchase of goods and/or services. In case that a customer or IPAY88 has any suspicious thing or wish to inspect the information, a customer or IPAY88 may request Company to send all related information to IPAY88 in anytime. In case IPAY88 cannot collect the money because Company does not send the information as requested. IPAY88 has its right to retain an amount of money that cannot collect, from the date that IPAY88 cannot collect until IPAY88 can collect such amount of money.
1.15 Company shall not disclose any information of the Card holder and/or information system of IPAY88 and/or Bank to any other person and shall not use such information to conduct other business except obtaining written consent from IPAY88. In case the Card holder has any loss and it appears that such loss originates from the event that Company gives information which is required not to disclose to any other person, whether intentionally or not, Company agrees to be responsibility for all loss happened.
1.16 If any of Company wishes to change, amend, add the types of business and/ or goods and/or services represented by such Company and/or shop’s name and/or shop website’s name and/or selling process and/or to provide services via any communication ways and/or payment method via any mechanism, Company shall inform IPAY88 at least 30 (thirty) days prior the date of such change, amendment, addition and understand this request shall be deemed as a new application. IPAY88 shall at its sole discretion to reject or accept this new application by revising the Fees, Rates, Service Charges, Terms and Conditions offered herein.
1.17 Company agrees that it shall not provide such service to other shop unless such Company informs IPAY88 and obtains the prior written consent from IPAY88.
1.18 Company agrees and acknowledges the services provided under the terms of this Memorandum, Company agreed to comply with the regulation, rule, charter or any requirement of the credit card company which the Bank is member, whether currently exist or to exist in the future. Thus, whenever, there are any changes on the contents of regulation, rule, charter or any requirement, Company agreed to provide the service under this Memorandum and automatically comply with the regulations, rules, charters or any requirements to be changed which IPAY88 shall inform from times to times.
1.19 Company shall coordinate and immediately inform the information to IPAY88, in case there is any event or information stipulated below:
1.19.1 there may have a cheat, fraud, infringe or any illegal acts in relation to the use of credit card of the customer;
1.19.2 Company found that a person who does the transaction is not the owner of the credit card which means such transaction is considered as a cheat by using other’s credit card to buy goods and/or service.
1.20 In case that IPAY88 found that Company uses the payment channel provided in this Memorandum for repayment of any debt which such debt does not incur from the purchase of goods and/or services on the website under this Memorandum, including any losses incurred from the event that the customer has cancelled the order of goods and/or services because they do not receive such goods and/or services or such goods or services do not be delivered on time or such goods and/ or services do not incomplete or have any defect or incorrect, IPAY88 has its right to cease the transfer of payment of goods and/or services which must be provided to Company. In this regard, Company agrees that they will not raise any argument.
In such case, IPAY88 may request Company to pay the fines for such above reason at the rate of 20 (twenty) percent of total amount that the customer shall pay to Company.
1.21 Company acknowledges that IPAY88 has its legal right and reserves its right over the Internet Operation network and all related program in relation to the receipt of payment under this Memorandum and IPAY88 has duly obtain the authorization under related laws. Company has no right to copy, amend, revise, use or publish. In case there is any infringement to this clause, it shall be deemed that Company violates the rights of IPAY88 and it shall pay for all loss cost.
1.22 Company agrees and acknowledges that all total amount of payment that customer pay to IPAY88 is correctly agreed except for the case that Company claims to IPAY88 within 3 days from the date that IPAY88 inform to Company that such number is incorrect.
1.23 Company agrees and acknowledges that the payment of the customer through IPAY88 system may be made by cheat or fraud and Company has the risk to meet such event. Therefore, Company agrees and accepts that there is a possibility in an occurrence of the said risks.
Clause 2. Collection of money via credit cards channel
2.1 Company agrees that the Bank shall collect the payment from credit card’s holder only for the credit’s card holder who sends the required information to the Bank.
2.2 Company has its duty to issue a receipt of payment to the customer of Company.
2.3 In case that there is any refund of goods and/or cancellation of service or discount of any goods and/or services after the completion of payment, Company agrees to return the cash, promissory notes or any other instrument to the Card holders directly.
2.4 In case that there is any refund of the price of goods and/or services to be transferred to customers, refund is applicable for credit card transaction. Online banking refund is subject agreement and fee may be chargeable to Company.
2.5 By accepting a credit card payment, the Company agrees that if there is reversal occurs on a credit card funded payment made to its account, iPay88 will reverse the payment and debit the Company’s account balance that is maintained with iPay88 to pay for the reversal. The Company shall not take any legal action against iPay88 due to non-payment as caused by this reversal. If there are insufficient funds in the Company’s account balance, the Company agrees to reimburse iPay88 through other means within fourteen (14) days from the date of receipt of the notification in writing.
Clause 3. Miscellaneous
3.1 Any delay or exemption in relation to the legal right of IPAY88 or under this Memorandum shall not be deemed that IPAY88 waives its right or grants any consent to Company on its default of this Memorandum.
3.2 Company acknowledges that any execution under this Memorandum of IPAY88 shall be regarded that IPAY88 only facilitates the Company in accordance with the instruction of the Card holder only. Therefore, in case there is any fault, delay, defect, loss including quality of goods and/or services, in any case, Company agrees to be responsible for all fault, delay, defect, loss and quality of goods and/or defects and Company shall not claim for any loss or compensation from IPAY88.
3.3 Company shall be solely responsible for all applicable taxes, stamp duty, fees, expenses as required by laws and government authority.
3.4 To prevent of any fraud, and/or in case that IPAY88 thinks fit, Company agrees to give the consent to IPAY88 to disclose information in relation to Company or business of Company which given to IPAY88 to any person. IPAY88 does not have further any duty to inform or ask for consent from Company. Company agreed that they will not ask for any consideration or loss from IPAY88. However, the consent provided in this clause shall be deemed as mutual consent even this Memorandum is terminated.
3.5 Company acknowledged that, in any case, IPAY88 cannot collect the payment for goods and/or services of Company, or Company has breach or not comply with the rule or regulation contemplated in this Memorandum or rule and regulation which shall be further applied in the future, and from the said events, IPAY88 is subjected any fine and/or any expenses (if any) requested by government authority and/or Visa International Service Association, MasterCard International Incorporated and/or other type of credit card and/or other sector that has duly rights to call for any fine. Company agrees to be responsible for the fine and/or loss occurred with IPAY88 in all respect and IPAY88 has its own right to deduct any loss and/or expense including all interests from the account of Company and/or any other account that Company opens with IPAY88.
3.6 In case that any information that Company gave to IPAY88 such as basic qualification of Company, status, financial statement including any representation given to IPAY88 and/or the Bank as per contemplated in this Memorandum or any related documents are incorrect and not comply with the fact or make any material misunderstanding, Company agrees that IPAY88 may consider that Company does not comply with the conditions of this Memorandum and IPAY88 has its own right to immediately terminate the services and in case there is any loss occurred from the said information, Company agrees to be responsible to IPAY88.
3.7 Company acknowledged and agreed that the appointment of IPAY88 to be recipient of payment under this term of Memorandum shall not waive the duty of Company to pay valued added taxes which may incurred from the transaction as required by laws.
Clause 4. Termination of services
4.1 The term of this Agreement shall commence on the Commencement Date and, unless earlier terminated or extended as provided below, shall end twenty four (24) months later (“Term”) provided that this Agreement shall be automatically renewed on a yearly basis upon expiry thereof unless either party provides written notice of termination to the other party at least thirty (30) days prior to the end of the then current Term.
4.2 Company agreed that IPAY88 may change, amend the contents of this Memorandum, whether all or in parts, whenever they think fit. However, company always keep themselves updated on any modified clause by visiting this Terms and Conditions page.
4.3 In case that Company fails to comply with conditions and agreement under this Memorandum, whether any clause, IPAY88 has its right to cease in providing services and shall not have any duty to inform in advance. In addition, this shall be deemed that the services under this agreement shall be terminated immediately.
4.4 In case that this Memorandum becomes terminate, whether by any reason, it shall not be deemed that the duties of Company which does not comply with the provisions of this Memorandum is terminated until Company has resolved itself to comply with the provisions herein.
4.5 If this Memorandum has been terminated, by whatever reason, Company agrees that IPAY88 still has its right to immediately deduct the money from the account of Company opened with IPAY88 for settling any debts under this Memorandum. Company agrees to remain such account at least 6 (six) months from the termination date of this Memorandum.
4.6 In case IPAY88 wishes to terminate this Memorandum, IPAY88 shall send the written notice to Company at least 30 (thirty) days before the termination date.