Terms of Agreement – senangGuide

Simplepay Gateway Sdn. Bhd. has entered into an agreement with a licensed financial institution and is an authorised licensee of MasterCard International Inc. and Visa International Inc., incorporated under Malaysian law and regulated by Bank Negara Malaysia.

A. Overview

This Merchant User Agreement is a contract between you, (Merchant), the user, together with any company or other business entity you are representing, if any (collectively, “You”), and Simplepay Gateway Sdn. Bhd, the company registered with BNM, providing payment gateway service that authorises credit card and direct payments processing for e-businesses and online retailers including B2B and B2C.

This Agreement explains the terms and conditions governing your use of senangPay services and any other content available during your sign-up period. By clicking on the ‘I agree’ checkbox on the registration page, you have chosen to accept these terms and conditions and acknowledge that the senangPay services is governed by the rules set forth below and applicable to all part of this page including any website owned by senangPay services and senangPay merchants where these terms are posted (“the Sites”). By accepting this Agreement, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference.

You hereby agree and accept the terms and conditions contained herein applicable of all or part of this page including any website owned by SIMPLEPAY and SIMPLEPAY merchants where these terms are posted (“the Sites”). If you are using this page on behalf of any entity, you represent and warrant that you are authorised to accept these terms on such entity’s behalf and that such entity agrees to indemnify you and senangPay for violations of these terms. This agreement contains disclaimers and other provisions that limit our liability to you. In the event there is any conflict or inconsistency between these terms and any other terms of use that appear on the Sites, these terms will govern. However, if you navigate away from the sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective immediately upon posting. If the revised version includes a Substantial Change, we will provide you with 30 Days’ prior notice of any Substantial Change by posting a notice on the “Policy Updates” page of our website.

This is an important document which you must consider carefully when choosing whether to use the senangPay services. Please note the following risks of using the senangPay services:

Payments received for your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.
We may close, suspend, or limit your access to your Account or the senangPay services, and/or limit access to your funds if you violate this Agreement, Use Policy, or any other agreement you enter into with senangPay services.
You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the senangPay services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

This Agreement is not a solicitation of the senangPay services and senangPay is not targeting any country or market through this Agreement.

B. Payment Services & Eligibility

1. Payment Service

senangPay is a payment services provider and acts as such by creating, hosting, maintaining, and providing our senangPay services to you via the Internet. Our services allow you to sell your products and receive payments from the company. We offer services in compliance with local laws and regulations.

senangPay is not a remittance business or a money transfer service. We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our senangPay service. We cannot ensure that a buyer or a seller you are dealing with will fulfil their obligation to deliver the product or services purchased.

2. Information

To open and maintain an account, you must provide us with correct and updated Information.

2.1 Your Contact Information

It is your responsibility to keep your primary email address up to date so that senangPay can communicate with you electronically. You understand and agree that if senangPay sends you an electronic communication, but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, senangPay will be deemed to have provided the communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add senangPay to your email address book so that you will be able to view the communications we send to you.

You can update your primary email address at any time by logging into the senangPay website or dashboard. If your email address becomes invalid, such that electronic communications sent to you by senangPay are returned, senangPay may deem your account to be inactive, and you will not be able to transact any activity using your senangPay account until we receive a valid, working primary email address from you.

2.2 Identity Verification

You authorise senangPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third-party databases or through other sources.

2.3 Credit Report Authorisation

If you sign up for a senangPay Account, you are providing senangPay with your written instructions and authorisation in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorising senangPay to obtain your personal and/or business credit report:

- When you request certain new products, or
- at any time senangPay reasonably believes there
  may be an increased level of risk associated with your senangPay account.

2.4 Beneficial Owner

You must be the beneficial owner of the senangPay Account and conduct business only on behalf of yourself.

2.5 Proof of Shipment, Proof of Delivery, and Signature Confirmation Requirements

“Proof of Shipment” is online or physical documentation from a shipping company that includes all of the following:

The date the item is shipped.
The recipient’s address, showing at least the city/state or postal code (or international equivalent).

“Proof of Delivery (for tangible items)” is online documentation from a shipping company that includes all of the following:

The date the item is delivered.
The recipient’s address, showing at least the city/state or postal code (or international equivalent).

“Signature Confirmation” is online documentation that can be viewed at the shipping company’s website.
“Proof of Delivery (for intangible or virtual items or services)” means any compelling evidence to show the purchase order was fulfilled and includes all of the following:

The date the item or service was provided;
The recipient’s address (email/IP, etc.) where applicable.

C. Refund Terms

1. Refund request by merchant for senangPay subscription

You are not entitled for refund for any drop / withdrawal of application after signing up with senangPay or upon payment of subscription fee. All fees paid hereunder shall be fully earned by senangPay and shall be non-refundable for any reason whatsoever.

2. Refund because of Termination of Service

We reserve the right to terminate your account at any time for any reason in accordance with the Terms of our service and we will not give you a refund for the amount fee that you have paid to us. Similarly, if you terminate our service for whatever reasons, you are not entitled to any refund.

D. Prohibited Activities

1. Prohibited Activities

In connection with your use of our website, your senangPay Account, the senangPay services, or in the course of your interactions with senangPay, other Users, or third parties, you will not:

Breach this Agreement, the User/Merchant’s Policy or any other Policy that you have agreed to with senangPay;
Violate any law, statute, ordinance, or regulation;
Infringe senangPay or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Sell counterfeit goods;
Selling items / services that relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, Eg: Drug paraphernalia, prescription and controlled medicines,
Operate business that encourage, promote, facilitate or instruct others to engage in illegal activity, including violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime
Sale of stolen goods including digital and virtual goods,
Tobacco, E-Liquids and E-Cigarettes product/service must be legal to be sold in the area that you are selling from and to the state/country you are selling to. The website must have a disclaimer of items not sellable to buyers below 18 years old.
Sale of items with content of sexually oriented materials or services,
Selling of ammunition, firearms, certain firearm parts or accessories, certain weapons or knives regulated under applicable law.
Operating businesses that show the personal information of third parties in violation of applicable law, support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card.
Selling of traveller’s checks or money orders, or involve currency exchanges or check cashing businesses, involves in certain credit repair, debt settlement services, credit transactions or insurance activities, or involve in offering or receiving payments for the purpose of bribery or corruption.
Engage in potentially fraudulent or suspicious activity and/or transactions;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Receive or attempt to receive funds from both senangPay and the buyer, bank or card issuer for the same transaction during the course of a Dispute;
Control an account that is linked to another account that has engaged in any of these Restricted Activities;
Conduct your business or use the senangPay services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to senangPay, other Users, third parties or you;
Have a credit rating from a credit reporting agency that indicates a high level of risk associated with your use of the senangPay services;
Use your senangPay Account Services in a manner that Visa, MasterCard and FPX or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
Use a credit card with your account to provide yourself a cash advance (or help others to do so);
Disclose or distribute another User’s Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
Send unsolicited emails to a User or use the senangPay services to collect payments for sending, or assisting in sending, unsolicited emails to third parties;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
Use an anonymising proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the senangPay services;
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
Operating business in managing capital markets and services platforms including digital currency, digital tokens and cryptocurrency.
Act in a manner that is defamatory, trade libellous, threatening or harassing to our employees, agents or other users;
Provide false, inaccurate or misleading information;
Involved in irregular transactions, excessive chargebacks, non-compliance with any applicable data security standards, as determined by senangPay, Card Associations, the Bank, or actual or suspected data security standards, or any other circumstances which, in the discretion of senangPay, the Bank and/or Card Associations, may increase the risk exposure of such parties or otherwise present a direct or indirect financial or security risk to such parties;
Businesses that expose vulnerabilities lead to an increased level of risk.

E. Chargeback Terms

senangPay shall process the chargeback received provided that the chargeback complies with the rule imposed by the Card Associations (not including for any transaction by fraud, quality of goods and/or services provided by merchant, failure by merchant with its internal process and non-compliance with the procedure).

Chargeback timeline 45-180 days

Chargeback	45 days
Representment	Within 45 calendar days of the chargeback settlement date
2^nd Chargeback/ Pre-Arbitration	Within 45 calendar days of the represented settlement date
Arbitration Case Filing	45 calendar days from the last applicable chargeback cycle

senangPay shall have full recourse to recover any payment made to merchant for any Chargeback Claim in the event of any breach or violation by merchant of the terms and conditions of this agreement.

senangPay may withhold amounts payable to the merchant for chargeback reserves or similar purposes.

Merchant acknowledges that senangPay shall be entitled to, on an ongoing basis, closely monitor the chargeback performance at senangPay level pursuant to the Standards including but not limited to the Excessive Chargeback Program.

In the event senangPay discovers that merchant has breached and violated any of the terms and conditions of this agreement, any procedures and requirements as may be stipulated by senangPay from time to time, senangPay is entitled absolute discretion to affect an immediate deduction from the Account or Merchant’s other banking account maintained with senangPay for the total amount of the Chargeback claimed. If Merchant’s banking account has insufficient funds, senangPay shall have full recourse to recover by exercising its right to set-off or by raising a claim on Merchant or by any other means, as senangPay shall deem fit.

F. Additional terms and condition for merchant with a marketplace model

If your website or system involves a marketplace model which includes you acquiring your own merchants to sell on your website, or your model involves you selling on behalf of other merchants, you will be subjected to our additional terms and conditions. Failing to notify or inform us will resulted in your account to be suspended or deactivated.

1. Your liability – actions we may take

Your Liability

General
You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by senangPay, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the senangPay services. You agree to reimburse senangPay, a User, or a third party for any and all such liability.

If a buyer files a Significantly Not as Described (SNAD) Claim for an item he or she purchased from you, you will generally be required to accept the item back and refund the buyer the full purchase price plus original shipping costs. You will not receive a refund on your senangPay Fees. Further, if you lose a SNAD Claim because we, in our sole discretion, reasonably believe the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you might not receive the item back from the buyer, for instance, it may be disposed of or otherwise irreversibly dealt with.
Liability for instructions given by you on your Account Any instructions given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by senangPay. senangPay will not be liable for any loss or damage you or anyone else suffers where senangPay acts on those instructions in good faith, unless it was proved that senangPay was negligent

Prohibited Countries

You may not use senangPay services if you are a resident of a country embargoed by Malaysia, or are a foreign person or entity blocked or denied by the Malaysian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Malaysia.

Merchants need to comply to governing bodies including Ministry of International Trade and Industry (MITI) that is responsible for international trade, industry, investment, productivity, small and medium enterprise, development finance institution, halal industry, automotive, steel, strategic trade and financial sanctions in place that prohibit transactions with certain high-risk countries.

Prohibited End Users List – List of Designated Individuals and Entities
- Democratic People’s Republic of Korea
- Iran
Restricted End Users Country List (UN Sanctions List) – Require Special Permit
- Afghanistan
- Congo
- Eritrea
- Iran
- Iraq
- Ivory Coast
- Lebanon
- Liberia
- Libya
- North Korea
- Rwanda
- Somalia
- Sudan

2. Action by senangPay

Actions by senangPay – Restricted Activities
If senangPay, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect senangPay, Affiliates other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- We may close, suspend, or limit your access to your Account or the senangPay services,
- We may refuse to provide the senangPay services to you now and in the future, and
- We may hold your funds for a period of time reasonably needed to protect against the risk of liability to senangPay or third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transaction.
Actions by senangPay – Holds a. Risk-based Holds senangPay, in its sole discretion, may place a hold on any or all of the payments when senangPay believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. senangPay’s determination may be based on different factors and senangPay may rely on information it receives from the acquiring bank or third parties.

If senangPay places a hold on a payment, the funds will appear as pending balance or withheld and the payment status will indicate the hold. If senangPay places a hold on any or all of the payments you receive, senangPay will provide you with notice of our actions.

In the event senangPay believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or senangPay believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

In such an event, senangPay may continue holding the payment until the matter is resolved pursuant to this Agreement. senangPay, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.
b. Disputed Transaction Holds If a User files a Dispute, Claim, Chargeback or Reversal on a payment you received, senangPay may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute, senangPay will lift the temporary hold. If you lose the dispute, senangPay will offset from the hold funds from your Account.
Actions by senangPay – Reserves
senangPay, in its sole discretion, may require senangpay Account to place a certain amount as Reserve on funds held by senangpay when senangPay believes there may be a high level of risk associated with selling your products or services. senangPay may change the terms of the Reserve at any time by providing you with notice of the new terms.
Actions by senangPay – Account Closure, Termination of Service, Limited Account Access; Confidential Criteria
senangPay, in its sole discretion, reserves the right to terminate this Agreement and/or access to the senangPay Services for any reason and at any time upon notice. All payment which is pending to you will be forfeited. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions.
Further, you acknowledge that senangPay’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the senangPay system. You agree that senangPay is under no obligation to disclose the details of its risk management or its security procedures to you.
senangPay Liability – senangPay shall be liable to provide the funds settlement to merchants in the event the issuer, including foreign issuers of payment instruments, or any other parties involved in the handling of such funds, fail to fulfil its settlement obligations.

G. Additional terms and condition for Stripe Advance and Stripe Multicurrency Package subscriber

This agreement sets out the terms and conditions under which merchant may utilise using Stripe Package Payment Service

Merchant accounts will be reviewed for approval within 7 working days (subject to due diligence and background checks).
Chargeback fee of RM90 will be imposed should the merchant proceed to contest a dispute.
Any refunds on subscription fee due to cancellation of service by merchants will exclude RM150 for processing fee.
Any termination of account resulted from violation of Terms of Agreement, the subscription fee is non-refundable.
Any refund on transactions can only be performed before settlement of funds.
Settlement cycle is T+5, being processed on working days.
Any transaction which exceeds the threshold of 10% decline rate will be imposed a fee of RM 0.50 per transaction.
Donation services are not allowed.

General Terms

Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE senangPay SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

Services Limitation. senangPay is not a bank and the senangPay services are payment processing services rather than banking services. senangPay is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. senangPay does not have control of, nor liability for, the products or services that are paid for with the senangPay services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.

I hereby declare that I have read and understood the Terms & Agreements above.

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