AGREEMENT NUMBER (2C2P ID) .......................................
This agreement is entered into by and between 2C2P (Thailand) Co. Ltd. a company permitted to engage in the business of electronic payment service, License No. C (3) 001/2554, having its office at No. 33/4 The Ninth Tower Grand Rama 9. TNB 01- 02, Tower B 26th floor, Rama 9 Road, Huaykwang, Bangkok 10310, hereinafter referred to as “the Company”) one part; and the applicant listed in “Merchant Information”
THE PARTIES AGREE ON TERMS AND CONDITIONS AS FOLLOWS:
1. TERMS AND CONDITIONS FOR SERVICE
The Applicant has thoroughly read and comprehended the Terms of Use of the Service in this agreement and agrees to such Terms of Use, including any further amendments to be announced by the Company in all respects. This Terms of Use shall form part of this Agreement.
2. COMMENCEMENT OF SERVICE
The Applicant agrees to submit an application form correctly and completely filled in together with supporting documents required by the Company on the date hereof for the Company’s consideration. The Applicant shall be entitled to use the Service for receiving the payments for goods and/or services of the Applicant only upon obtaining the Company’s permission.
3. ACKNOWLEDGEMENT OF RISKS IN ELECTRONIC TRANSACTIONS
The Applicant has carefully considered and realizes that electronic transactions are of risk and accepts any consequent damages incurred fromsuchelectronictransactions.TheApplicantagrees to strictly comply with the following:
3.1 Incaseofreceiptofthepaymentsforgoodsand/orservices, the Applicant must keep, not less than 18 months, sales record or proof of trade, delivery of goods/services and receipt of payments such as tax invoice, shipping slip, receipt, etc. as proof in any disputes happen thereafter. If the Company desires to verify the Applicant’s transactions, the Applicant agrees to provide the Company with all relevant information and documents immediately or within a specified period. The Applicant also agrees to assist the Company in order to acquire such information and documents and shall not, in any circumstances, obstruct, weaken, destroy or hinder the Company from acquiring such information and documents.
In case of refusal and/or non-receivable payment, card cancellation or hold, or having a reasonable suspicion cause regarding the dishonest use of credit card or any other reasons causing the Company’s money to be deducted or compensated or claimed as damages by any banks, financial institutes or other
persons, the Applicant agrees to reimburse to the Company in full amount which and that the Company is entitled to immediately set-off such amount with the amount of payment for goods and/or services payable to the Applicant without any objection or attempt to decline the said responsibility in all respects.
4. SERVICE FEE
4.1 TheCompanyisentitledtotheservicefeeforperformanceof obligations hereunder according to the rate and payment method specified in the attachment.
4.2 The Applicant agrees that the Company is entitled to immediately set-off the amount of payments for goods and/or services to be transferred to the Applicant by the Company with the amount of service fee including expenses or any other fees that the Applicant is required to pay or reimburse to the Company hereunder prior to transferring such amount to the Applicant.
4.3 During the period of this Agreement, if there are any factors or changes resulting in increment of service fee for performance of the Company hereunder, the Applicant agrees that the Company is entitled to amend the rate of service fee by giving at least thirty (30) days advance notice to the Applicant.
5. DUTIES OF RESPONSIBILITIES OF THE COMPANY
Apart from provisions stipulated in the Terms of Use according to Clause 1.,the Company shall have duties and responsibilities as follows:
5.1 The Company shall have a duty only to collect the amount of payments for goods and/or services on behalf of the Applicant. The Company is not involved in any contracts made between the Applicant’s customers and/or clients and the Applicant or in any right and duty among those parties. In case any disputes occur from when the Applicant does not comply with the terms and conditions of contracts made with its customers and/or clients, the Company shall in no event be liable or jointly liable. The Applicant shall be solely responsible for such dispute to its customers and/ or clients.
5.2 The Company shall gather all the payments for goods and/ or services on behalf of the Applicant and, after deducting of the service fee according to Clause 4. and any expenses (if any) such as credit card fees, etc., remit it to the Applicant’s account within the specified period and according to the payment method as per the attachment. The Applicant agrees to be responsible for all fees incurred by such remittance.
5.3 For receipt of the payments for goods and/or services hereunder, the Company agrees to receive the payment not less than 300.- (Three Hundred Baht Only) but not exceeding 500,000 Baht (Five Hundred Thousand Baht Only) per payment receipt.