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PermataQR-Merchant

An easy and safe way to receive payments for your business
 


General Terms and Conditions PermataQR Services

General Terms and Conditions for PermataQR Services PT Bank Permata Tbk (hereinafter referred to as “SKU”) are terms and conditions governing cooperation in the provision of payment acceptance services through the Quick Response (QR) system owned by PT Bank Permata Tbk., a licensed banking company and supervised by the Financial Services Authority, domiciled in Jakarta (hereinafter referred to as the “Bank”).

The Merchant by agreeing to this SKU shall agree to comply and bind itself to this SKU under the terms and conditions as described below:

Article 1

Definition

To the extent not defined otherwise, the following terms have the following meanings:

  1. Chargeback is billing/recharging to the Merchant for a successful Transaction that has been delegated by the Bank to the Merchant.
  2. Merchant Black List is a list containing negative information on the Merchant's reputation issued by an authorized institution in accordance with applicable laws and regulations.
  3. Transaction Cancellation Form is the form used by the Merchant to submit a request for cancellation of a Transaction that has been processed by the Bank, according to the format set by the Bank.
  4. Calendar Day is a day according to the international calendar system.
  5. Working Day is the day when the Bank operates and carries out clearing in accordance with Regulatory provisions.
  6. Merchant Discount Rate (“MDR”) is a fee that shall be paid by the Merchant to the Bank for each Transaction, the amount of which is in accordance with the percentage value stated on the MDF and the Bank shall be entitled to change the amount or MDR value at any time based on Bank policy and/or provisions and/or laws and regulations, which shall be notified in advance to the Merchant in accordance with applicable laws and regulations.
  7. Merchant Data Form (MDF) is a form in both physical and digital form that contains information about the Merchant and other information completed by the Merchant, which is required as a request, change and implementation of the use of PermataQR under SKU, which is one unit and becomes an integral part an integral part of this SKU.
  8. Merchant is an individual or entity that uses the PermataQR service to receive Transaction.
  9. Parties are Bank and Merchant that carry out the contents of this SKU.
  10. Party is one of the parties or each party that carries out the contents of this SKU, namely the Merchant or the Bank.
  11. A QR user is any party that has a Quick Response (QR) payment application on their device to make transaction with Merchant through PermataQR.
  12. Merchant Account is a Merchant account opened on behalf of the Merchant at the Bank as stated in the MDF which is used as the Merchant's escrow account and other accounts belonging to the Merchant at the Bank.
  13. QR User Account is a QR User account which is a source of debiting funds to make transaction including but not limited to bank accounts, electronic money, credit cards, or other sources of funds determined by the regulator in the future.
  14. Regulators are Bank Indonesia, Financial Services Authority, or other authorized bodies/agencies in connection with the implementation of this SKU.
  15. Transaction is the transaction used by QR Users to make payments through PermataQR at Merchant.
  16. Succesful Transaction is the Transaction that has been completely completed which are marked by (i) the appearance of a Notification on both the PermataQR Application and the User Application; (ii) Transaction funds have been debited to the User's account, (iii) Transaction funds have been credited to the Merchant's account; and (iv) recorded success in the Bank's registry.
  17. QR Code is a standard code provided from the PermataQR service to Merchant which is used to complete Transaction through scanning which contains the information/data needed to process Transaction.
  18. PermataQR is a banking service owned by a Bank that can accept Transaction at Merchant through the Quick Response (QR) system under the Indonesian Standard QR Code (QRIS) as referred to the relevant applicable laws and regulations.
  19. The PermataQR Application is an application issued by the Bank as part of the PermataQR service device, to be downloaded by Merchant and used to receive Notifications, generate QR Codes, view periodic Transaction reports, and other features provided by the Bank on the Permata QR Application or which will be developed by Banks in the future.
  20. Notifications are notifications that appear on the PermataQR Application and the User's QR Application immediately after a Transaction is carried out, which contains the status of the Transaction and at the same time serves as proof of the Transaction that has been carried out.
  21. Refund, hereinafter referred to as "Refund", is a refund of a Transaction for a Transaction that has been canceled under the conditions set forth in this SKU.
  22. Settlement is the processing of recapitulation data through the Bank's system for QR Transaction that has been made through Permata QR and is used as the basis for the Transfer of Funds for QR Transaction from Bank to Merchant.
  23. Merchant Data is data that includes information regarding (a) Merchant's name; (b) Merchant address (building/block, floor, counter, number); (c) a photo of the front of the store, inside view along with the products being sold; (d) type of Merchant's business; (e) Merchant telephone number and/or Merchant owner; (f) Merchant owner's email address; (g) account number in the name of the Merchant or Merchant owner; , and other data required by the Bank.
  24. Transfer of Funds is the process of crediting Transaction funds from the Bank to the Merchant with reference to Settlement data. 
  25. The National Electronic Transaction Settlement Agency (PTEN) is an institution appointed by Bank Indonesia based on the Decree of the Governor of Bank Indonesia Number: 21/2/KEP.DG/2019 as the manager of the National Merchant Repository. 
  26. The National Merchant Repository is a system that functions to administer Merchant data nationally within the scope of Quick Response (QR) transaction under the Indonesian Standard QR Code (QRIS).
  27. Intellectual Property Rights hereinafter referred to as "IPR" are all copyrights, patents, trademarks or rights to databases, logos, designs, slogans, inventions or trade secrets, technical expertise, design rights, topography, trade names and current and future business names, domain names, marks and equipment (whether registered or unregistered) and all other intellectual property rights and requests for any such rights (wherever the application can be filed) that can be protected in any country in the world.
  28. Personal Communication Facilities are means of personal communication, namely telephone, cell phone, electronic mail, short message service, voicemail, video calls and instant messaging applications.

Article 2

Types of PermataQR

  1. The types of PermataQR provided by the Bank to Merchant are as follows:
    1. PermataQR Sticker and QR Application.
      It is a PermataQR service that provides a QR Code in the form of a sticker and a QR Code generated in the QR Application.
    2. PermataQR API.
      It is a PermataQR service where the Bank's system can connect directly with the Merchant's system using the API (Application Programming Interface) path, so Merchant can use PermataQR's features through the Merchant's own system.

Article 3

PermataQR Service Submission

  1. For the purposes of applying as a Merchant to the Bank in using PermataQR, the Merchant knows and has read and agrees to a summary of product and service information regarding PermataQR and has understood all the benefits, risks and costs attached to PermataQR and the Merchant is required to:
    1. Provide Merchant data through the MDF that has been completed by the Merchant;
    2. Provide supporting documents as required and notify the Bank to the Merchant.
    3. Give approval to the Bank to provide data and documents provided by the Merchant as referred to in letters a and b of this paragraph to the PTEN Institution for the purpose of processing Merchant requests to be able to use PermataQR.
  2. The Merchant shall be required to update the data if there is a change in the data and or documents as referred to in paragraph 1 of this Article.
  3. The Bank on reasonable consideration and ot violate the prevailing laws and regulations shall be entitled to accept or reject the application submitted by the Merchant to use PermataQR services. In the event that the Bank rejects the Merchant's application, the Bank shall notify the Merchant in writing that the Merchant's application cannot be approved by notifying the reason for the rejection to the Merchant unless otherwise stipulated by the provisions of laws and regulations. The Merchant agrees to the Bank's decision regarding the approval or rejection of the Merchant's application, so all documents that have been provided by the Merchant in connection with the application become the property of the Bank.
  4. If the Bank approves the application for using PermataQR submitted by the Merchant, the Bank shall provide PermataQR in accordance with the agreement of the Parties.
  5. The Merchant hereby gives approval to the Bank to: (i) use Personal Communication Facilities, data, information, personal information related to the Merchant obtained by the Bank from the Merchant for the purpose of providing and using PermataQR and all other purposes as long as possible and permitted by laws and regulations valid invitation; (ii) use Personal Communication Facilities obtained by the Bank from Merchant for the purposes of marketing the Bank's products or other parties working with the Bank; (iii) disclose data, information, personal information belonging to the Merchant to third parties who cooperates with the Bank in connection with  the Bank’s product and services, including but not limited to the competent authorities with due observance of the provisions of the applicable laws and regulations. For data use that requires the approval of other parties, the Merchant hereby declares that the Merchant has obtained written approval from any third party for the use of such data, information and information, and therefore the Bank hereby shall not provide compensation and/or liability in the form of anything to the Merchant and any party for all risks, demands, lawsuits and or compensation that may arise in the future in connection with the use of data, information and information that has obtained written approval by the Bank as long as the use of the data is carried out in accordance with the provisions of laws and regulations . The Merchant hereby states that the Merchant understands the purpose and consequences of the Merchant's agreement regarding the use of data, information and information as described in this paragraph.
  6. If (i) the Merchant objects to provide approval or the Merchant intends to withdraw the usage agreement Merchant's Personal Communication Facilities for the purposes of marketing Bank products or other parties working with the Bank and or (ii) the Merchant objects to provide approval or the Merchant intends to revoke approval for the Bank to disclose data, information, personal information related to the Merchant to third parties for the purposes of marketing Bank products or other parties who work with the Bank, the Merchant can visit the nearest Bank branch office or contact the Bank via PermataTel or other media determined by the Bank in the future.
  7. Objections to the approval or revocation of approval that have been submitted by the Merchant to the Bank either through the Bank's branch office or through PermataTel or other media determined by the Bank in the future as referred to in paragraph 6 of this Article will be effective as of being recorded in the Bank's system.

Article 4

Mechanism of Using PermataQR

The mechanism for using PermataQR shall be as follows:

  1. Transaction using PermataQR shall be carried out by scanning the QR Code contained in the Merchant.
  2. For Transaction status, refer to Bank records.
  3. The Merchant shall be required to accept every Transaction from QR Users made using PermataQR.
  4. QR transaction that can be accepted on Permata QR are (i) transaction based on Quick Response (QR) based on the Indonesian Standard QR Code (QRIS) as stipulated in the applicable laws and regulations and (ii) payment transaction using QR The code that applies abroad that has been standardized by the Central Bank in that country and is connected to QRIS.
  5. The Merchant shall ensure the success of the Transaction through notifications received by the Merchant from the PermataQR Application where the value of the Transaction amount shall be the same as that made by the QR User. The Merchant can deliver the goods or services that have been purchased/paid for after ensuring that the Notification of successful Transaction is appropriate.
  6. All Transaction and Settlements processed through Permata QR shall use Rupiah.

Pasal 5

Refund (Refund)

  1. Refunds can be made through the Refund QR feature on PermataQR for certain Merchant approved by the Bank. Refund requests through the Refund QR feature can be made a maximum of 7 (seven) Calendar Days after the Transaction date. In the event that a Refund application is made after this time, a Refund application can only be made via the Transaction Cancellation Form.
  2. The conditions for submitting a Refund by the Merchant as referred to in paragraph 1 of this Article are as follows:
    1. Refunds can only be processed by the Bank if there is availability of funds in the Merchant Account.
    2. Refund submissions cannot exceed the Transaction value.
    3. For Merchant without QR Refund feature and apply for Refund more than 7 (seven) Calendar Days after the Transaction date, Refund requests can be made via the Transaction Cancellation Form and can be served by the Bank a maximum of 30 (thirty) Calendar Days after the Transaction date was made. If it passes this time period, the Bank shall be entitled not to process the Refund request in question.

Article 6

Settlement and Transfer of Transacton Fund

  1. Settlement shall be made through the system.
  2. Transfer of Funds shall be carried out within not later than 1 (one) Calendar Day after the Settlement process, minus the MDR.
  3. The Bank shall transfer the Funds under the Settlement recorded in the Bank's system.
  4. After the Transfer of Funds, if there is a difference in payment to the Merchant, then:
    1. In the event of an excess discrepancy, the Bank shall send a notification to the Merchant and the Bank shall debit the value of the difference to the Merchant's account and upon debiting the Merchant authorizes the Bank. In the event that the funds in the Merchant's Account are insufficient, the Merchant shall return the excess difference to the Bank through the Bank Facility within not later than 7 (seven) Calendar Days from the date of the Settlement process or after the Merchant receives a report from the Bank, whichever is sooner;
    2. If there is a short difference, the Merchant shall report to the Bank within not later than 2 (two) Business Days from the Settlement date accompanied by the necessary supporting documents.
    3. By virtue of the investigation results and/or Bank records, Bank shall pay the difference within not later than 7 (seven) Business Days after the investigation results arising out.
    4. If a report on the difference in underpayments to the Merchant is only reported by the Merchant after the expiration of the period specified in point (a) or (b) above, the Bank shall be entitled to reject and ignore the Merchant's report or claim.
  5. Bank shall transfer Transaction funds every Calendar Day under the Transaction data available at the Bank by first deducting the MDR value which is the Bank's right.
  6. Transfer of Funds shall be made in Rupiah.
  7. In the event of an error/mistake in the Transfer of Funds made by the Bank, which causes the payment to be more or less than the amount of payment that should be paid by the Bank, Bank shall be entitled to, in good faith, make corrections of error/mistakes at any time by debiting or crediting from/to the Merchant Account.
  8. For the implementation of the provisions of paragraph 4 of this Article, the Merchant hereby authorizes Bank for every moment debit the Merchant Account to make corrections to the payment. In terms of internal funds Account Merchant is not available or insufficient, then Bank shall be entitled to claim the Merchant for the amount that has been credited to the Merchant Account or has been paid to the Merchant, or deducts that amount from the obligation to pay for the Merchant bill or the Merchant shall return all of the funds in cash to the Bank within not later than 7 (seven) working days after the Bank submits the said claim.

Article 7

Cost

  1. Bank shall be entiled to charge fees to Merchant in the form of MDR contained in the MDF, or other fees determined by the Bank at a later date which are notified in advance to Merchant in accordance with applicable laws and regulations.
  2. Payment of the fees referred to in paragraph 1shall be made by direct deduction when the Transaction funds are transferred from the Bank to the Merchant.
  3.  Bank shall be entitled at any time to change the amount of the fee referred to in paragraph 1 above based on the Bank's policy and/or applicable laws and regulations by prior notification to the Merchant through a communication medium that is deemed valid by the Bank in accordance with the provisions and regulations of the law -applicable invitations.

Article 8

Chargeback

  1. The Merchant shall be responsible for Chargeback, if the following occurs but is not limited to:
    1. QR Users receive no goods/services until the time agreed between the Merchant and QR User, or QR Users receive no goods/services according to the conditions promised or agreed with the Merchant.
    2. QR users are debited more than 1 (one) time, and Merchant are credited more than 1 (one) time.
    3. The debited and credited values match no current value of the Transaction.
    4. Refund has not been received.
    5. The QR User Account is debited, the Merchant is not credited.
    6. The QR User's account was successfully debited but the QR User was asked to pay in cash.
  2. In the event of a Chargeback, the Bank remains entitled and authorized to:
    1. Debit the Merchant Account or deduct Merchant Bill payments that the Bank shall pay to the Merchant in the amount of the Chargeback value; or
    2. If the funds in the Merchant Account shall be insufficient for Chargeback, Bank shall bill the Merchant and the Merchant shall pay the bill within not later than 1 (one) Business Day since the bill is received by the Merchant or the Bank shall block and or debit funds to the Merchant Account chargeback amount.
  3. In the event of a Chargeback related to a transaction at the Merchant which results in a financial loss for the Bank, the Merchant shall be responsible as referred to in Article 21 SKU.
  4. The Merchant authorizes the Bank to debit the Merchant Account if there is a Chargeback.
  5. In the event of a Chargeback from the Issuing Bank, the Merchant shall be able to provide proper (clear/readable) confirmation/proof of supporting the Transaction within not later than H+1 Business Day from the time the Bank contacts the Merchant.
  6. If the Merchant fails or belates to provide confirmation/supporting documents to the Bank or the Merchant has provided supporting documents or other evidence but it is not appropriate, the Bank shall block and or debit funds to the Merchant Account in the amount of Chargeback value and the Merchant must be fully responsible as referred to in article 15 this SKU.

Article 9

QR User Claims or Complaints

  1. The Merchant shall be required to handle QR User complaints in relation to products/services/other types of payments billed by the Merchant to the QR User which is the responsibility of the Merchant within later than 30 (thirty) Calendar Days after the date the Transaction was executed.
  2. Banks shall be required to handle Merchant complaints related to Transaction made by QR Users on PermataQR, within a period of not later than 20 (twenty) Business Days from the date the claim/complaint is received by the Bank and if all documents and requirements specified by the Bank have been fulfilled.
  3. If necessary, the Bank shall be entitled to request supporting documents in any form from the Merchant for the purpose of resolving QR User complaints, and the Merchant agrees and is obliged to provide the said supporting documents within 1 (one) Business Day from the first written request from the Bank. In the event that the Merchant fails to fulfill the request within the specified time period, the Bank shall be entitled to immediately debit the Merchant's Account in the amount of the transaction value claimed by the QR User. In the event that the funds in the Merchant's Account are not available and/or insufficient, the Merchant shall return all of the funds in cash to the Bank within not later than 7 (seven) Business Days from the time the Bank submits the said claim.
  4. The Merchant shall be responsible and hereby release the Bank from any claims made by the QR User, if there is a dispute between the QR User and the Merchant.

Article 10

Suspicious Transactions

  1. In the event that a suspicious transaction occurs according to the Bank which is carried out through PermataQR on the Merchant, the Bank shall conduct an investigation and shall be entitled to stop/deactivate PermataQR services to the Merchant, and/or delay or not make payments to the Merchant or block the Merchant Account until the investigation process is completed within the timeframe determined by the Bank.
  2. The Merchant shall be responsible for preventing suspicious transaction or other forms of fraud.
  3. If it is proven that the Transaction violates the SKU and/or applicable laws and regulations, the Bank shall be entitled to (i) debit the Merchant Account at any time to compensate the Bank and or other parties for losses arising from the Transaction, and the Merchant shall be responsible as regulated in Article 21 of this SKU; (ii) immediately terminate the provision of PermataQR services and terminate this SKU. In this case the Bank is not obligated to make a return on funds that have been postponed crediting by the Bank or funds that have been blocked as referred to in paragraph 1 of this Article. If the funds in the Merchant's Account have not been successfully debited or the funds are insufficient, the Merchant shall provide funds within not later than 7 (seven) Business Days from the date the Bank informs the Merchant of the investigation results.

Article 11

Service Promotion

  1. Merchant shall be required to put the PermataQR sign/logo provided by the Bank, in places that are easy to see so that QR Users know that the Merchant accepts Transaction through PermataQR.
  2. Bank shall be entitled to inform PermataQR facilities and programs to QR Users, including programs for Bank customer at Merchant business locations through the media determined by the Bank including information about programs for QRn Users which make Transaction at PermataQR.
  3. The Merchant grants the Bank the right and authority to include the Merchant's name and logo in the manual or any promotional tools determined by the Bank.
  4. Costs arising from the promotion of PermataQR as stipulated in this Article shall be borne by each Party in this SKU, and specifically for tax costs incurred in connection with placing banners at the Merchant's business location shall be the Merchant's responsibility.

Article 12

Audit and Examination

  1. The Bank or other parties appointed by the Bank, or other parties in accordance with the applicable laws and regulations, shall be entitled to carry out inspections or audits of PermataQR services, including conducting inspections at the Merchant's place at the time determined by the Bank. Implementation of this inspection or audit shall be carried out with due observance of Bank policies and the prevailing laws and regulations.
  2. The Merchant shall be required to cooperatively assist the Bank in carrying out the inspection or audit as described in paragraph 1 of this Article by providing data, documents and or information required by the Bank in connection with the implementation of the SKU.

Article 13

Representations and Warranties

  1. Each Party hereby represents and guarantees the other Party in SKU as follows:
    1. Each Party shall be a legal subject complied with the laws of the Republic of Indonesia and parties representing the Parties in this SKU have full rights to sign /approve and implement the SKU. SKU is not in contradictory with the articles of association of each Party (if any) and violates no prevailing laws and regulations that shall be obeyed by each Party in carrying out its business.
    2. Each Party has taken all necessary actions in accordance with the provisions of the articles of association of each Party (if any) including regarding the authority to carry out SKUs and officials who sign /approve SKUs have been authorized to do so for and on behalf of each party.
    3. Each Party shall submit to and comply with all the provisions contained in this SKU and its changes.
  2. The Merchant shall declare and guarantee that they shall accept Transaction properly and responsibly and not take actions which are in contradictory with the prevailing laws, acts and regulations that apply in the territory of the Republic of Indonesia.
  3. The Merchant shall represent and guarantee that all data/information and documents provided by the Merchant to the Bank in connection with the implementation of the contents of the SKU are true, valid, honest, transparent, complete and accurate data/information and documents. The Merchant hereby acknowledges and agrees that Bank shall be entitled to verify the correctness of the data/information/documents/information provided by the Merchant to the Bank. The Merchant states that they are willing to be claimed criminally or civilly including terminating the provision of PermataQR services by the Bank if the Bank knows or obtains information from any party that the data/information and documents provided by the Merchant are in fact incorrect/not completely true/false.
  4. The Merchant shall hereby guarantee the Bank that the Merchant and all of its employees and/or other parties working with the Merchant shall not abuse, change the function of PermataQR, and commit other acts of fraud, including but not limited to crime/fraud/cheating.
  5. The Parties hereto state that in the event that there is an audit or examination or request for information in the form of data or other documents from Bank Indonesia or the Financial Services Authority or other parties in accordance with laws and regulations, the Parties agree to provide and give such information or documents.

Article 14

Confidentiality

  1. Any information and/or data provided by the Bank to the Merchant and/or Merchant employees and or information and or data obtained by the Merchant and/or Merchant employees as the implementation of this SKU whether given or delivered verbally, in writing, graphics or delivered through electronic media or information and or data in other forms including but not limited to bank secrets as referred to in banking-related laws, during talks or during other work between the Parties (“Confidential Information”) is confidential.
  2. The Merchant shall agree and covenant that at any time it shall keep the Confidential Information obtained as an implementation of the SKU to anyone or will not use it for the benefit of the Merchant or the interests of other parties, without prior written approval from an authorized official from the Bank or other authorized party in accordance with the prevailing law.
  3. In the event that the use of the PermataQR service ends, the Parties agree that the Merchant's obligation to keep documents and materials that constitute Confidential Information as regulated in this Article shall remain in effect.
  4. The Merchant shall hereby agrees and authorizes the Bank to use all data, information and information obtained by the Bank regarding the Merchant including but not limited to the use of the Merchant's personal communication facilities for all other purposes to the extent possible and permitted by the prevailing laws, including those aimed at for marketing Bank products.
  5. The obligation to store Confidential Information as referred to in paragraphs 1 and 2 of this Article becomes invalid if:
    1. Such Confidential Information becomes available to the general public.
    2. Such Confidential Information is ordered to be disclosed in compliance with a court order or other authorized government agency.
    3. Confidential Information is provided in accordance with applicable legal provisions.
  6. The Merchant then agrees to make every effort and take every necessary action to prevent third parties from gaining access to or causing the disclosure of Confidential Information.

Article 15

Default and Prohibition

  1. The Merchant shall be considered in default if the Merchant neglects to carry out its obligations and takes actions that are prohibited/violates one or more provisions in this SKU.
  2. Without prejudice to the other provisions regarding the prohibitions contained in the SKU, the Merchant is prohibited from doing the following:
    1. Carry out activities or business that are detrimental to the Bank, commit acts of fraud on the use of PermataQR services, violate any prevailing provisions, laws and regulations issued or stipulated by the Regulator;
    2. Submit and/or transfer all or part of the rights and obligations arising out under this SKU to any party without prior written approval from the Bank. Any submission and or transfer made by the Merchant without prior written approval from the Bank shall be considered null and void
    3. Requesting additional fees/money from QR Users for Transaction received by Merchant.
    4. Merchant shall be prohibited from using Bank's Intellectual Property Rights ("IPR") without written approval from the Bank.
    5. Set a minimum transaction value for QR Users who will make Transaction through PermataQR at Merchant;
    6. Close Merchant Accounts or other account(s) registered with MDF as long as they are bound to this SKU.
    7. Perform actions or transaction that result in Chargeback.
    8. The Merchant leaks the confidentiality of QR User data and Transaction via Permata QR.
  3. If the Merchant defaults and prohibitions as stipulated in this SKU, the Bank based on reasonable considerations/policies and by not violating the applicable laws and regulations has the right to:
    1. Stop or terminate the provision of PermataQR services with Merchant as referred to in this SKU immediately; and/or
    2. Delaying or fails in making payments for the Transaction results to the Merchant including revenue sharing and or deducting or charging back payments that have been paid; and/or
    3. Blocking Accounts and/or debiting Merchant Accounts and/or not to transfer Transaction funds to the Merchant for payment of compensation. In the event that the funds in the Merchant Account are not available and/or insufficient, the Merchant shall return all of the funds in cash to the Bank within not later than 7 (seven) Business Days from the time the Bank submits the said claim; and/or
    4. Deactivate PermataQR and/or withdraw PermataQR without prior notification to the Merchant; and/or
    5. Ask the Merchant to return funds in the amount of the value of Transaction that is indicated as suspicious Transaction and/or Transaction that is indicated to be made with elements of crime or fraud or deception by the Merchant; and/or
    6. Collect all and any amount of money that shall be paid by the Merchant under the contents of this SKU immediately and at once; and/or
    7. Claim compensation as a result of negligence (if any); and/or
    8. Debit funds in the Account including funds in other accounts on behalf of the Merchant at the Bank to pay all of the Merchant's obligations arising under this SKU including compensating the Bank for losses incurred due to negligence (if any); and/or
    9. Ask the Merchant to pay an amount of money within not later than 7 (seven) Business Days from the date of the payment request submitted by the Bank to the Merchant, if the funds in the Account have not been successfully blocked or debited or the funds are insufficient to pay all of the Merchant's obligations arising under the SKU this.
  4. The Bank's actions taken as referred to in paragraph 3 of this Article, shall not eliminate the Merchant's obligation to continue to fulfill all the requirements contained in the SKU.

Article 16

Notice and Correspondence

Letters or notifications from the Bank to the Merchant regarding the contents of the cooperation referred to in this SKU shall be delivered in writing via expedition, electronic mail (e-mail), telex , facsimile or other media determined by the Bank and shall be addressed to the addresses referred to in the Form. However, specifically for transaction which according to the Bank is indicated as suspicious transaction, the Bank's notification to the Merchant shall be delivered by the Bank directly or via recorded telephone. The Merchant shall notify the Bank and update the data if there is a change in the Merchant 's address and telephone number as well as changes in company documents and or Merchant business documents.

Article 17

Term and Termination of SKU

  1. This SKU is effective since the application for PermataQR Merchant has been approved by the PTEN Agency or has received a permit in accordance with prevailing regulations.
  2. If the Merchant intends to terminate this SKU, notification shall be given in writing to the Bank within later than 15 (fifteen) Business Days prior to the effective date of the desired SKU termination.
  3. The Bank for any reason at the Bank's discretion reasonable and violates no prevailing laws and regulations, shall be entitled to end the provision of PermataQR services to Merchant by deactivating and/or terminating the PermataQR system connection with prior written notification to the Merchant.
  4. The termination of the provision of PermataQR services does not cancel or eliminate all rights and obligations of each Party that have not been fulfilled, so each Party will remain bound until these obligations shall be declared completed by the Parties hereto.
  5. In the event of termination of the SKU, the Parties shall agree to set aside Article 1266 of the Civil Code, so that the termination of this SKU requires no court approval.
  6. After the SKU expires, the Merchant remains responsible for the implementation of Transaction made up to 90 (ninety) Calendar Days from the date of the last Transaction.

Article 18

Force Majeure

In the event that one of the Parties is late and/or fails to carry out the obligations in this SKU due to Force Majeure, the Party experiencing the Force Majeure is obliged to notify the other party in writing/orally in the SKU no later than 3 (three) Business Days from since the occurrence of the Force Majeure to be resolved by deliberation. If you fail to notify the other Party within that period, then all losses, risks and consequences that may arise will be the burden and responsibility of the Party experiencing the Force Majeure.

Article 19

Power

  1. The Merchant in this SKU shall authorize the Bank for and on behalf of the Merchant and therefore the Bank is hereby authorized to do the following:
    1. Managing, crediting/debiting, and/or blocking Merchant Accounts, for the purposes of implementing Transaction fund deposits, Transaction settlements, compensation payments , and others that are considered good by the Bank in accordance with the prevailing laws and regulations.
    2. Carry out other actions deemed good by the Bank in connection with the implementation of PermataQR services and or the actions regulated in this SKU.
  2. In the event that there is implementation of the provisions in the SKU that require special power of attorney from the Merchant, then the power of attorney is deemed to have been granted by the Merchant to the Bank based on this SKU.
  3. Authorizations granted or stated in the SKU shall be irrevocable and an integral and inseparable part hereof, which shall be irrevocable, shall not nullified unnullified and unexpired due to any reasons or event whatsoever to the extent that Merchant shall have obligations to the Bank and the Parties hereto shall hereby waive the provisions of Article 1813 of the Civil Code in force in the Republic of Indonesia ("KUHPer") (which basically regulates the termination of the power of attorney by (i) withdrawing the power of attorney, (ii) notification of termination of power by the attorney, (iii) demise, amnesty or bankruptcy, both the principal and the attorney) , article 1814 of KUHPer (which basically regulates the termination of power by withdrawing the power of attorney) and article 1816 of KUHPer (which basically regulates the termination of power due to the appointment of a new attorney to carry out the same business).

Article 20

Legal Selection and Dispute Settlement

  1. This SKU shall be made, interpreted and enforced under the laws of the Republic of Indonesia.
  2. Any conflict, disputes or differences of opinion (" Disputes") arising out between the Parties hereto in line with the implementation or by virtue of SKU shall be settled in the following manners:
    1. The Parties hereto agree that any Dispute, as far as possible, shall be settled by means of deliberation to reach a consensus.
    2. Any Disputes that cannot be amicably resolved by the Parties hereto, the Disputes shall then be resolved through the Financial Services Sector Alternative Settlement Institution .
    3. Any Disputes that cannot be resolved either on amicable basis or through Alternative Settlement Institutions for the Financial Services Sector shall be settled through one of the District Courts in the Republic of Indonesia determined by the Bank.

Article 21

Compensation

  1. If the Merchant commits negligence, mistakes and violations of all the obligations of the Merchant and the provisions stipulated in this SKU, and causes material or immaterial losses to the Bank, the Merchant, or other parties outside the Bank's control, all risks and losses shall then be burden and responsibility of the Merchant. Therefore, the Merchant shall be responsible and obliged to pay full compensation for all risks and losses that occur and the Merchant shall be obliged to pay for any losses and all bills that arise and the Merchant agrees that this is not the burden and responsibility of the Bank and that the Bank shall not provide compensation whatsoever for all charges, lawsuits, claims, requests for compensation that may arise and be submitted by Customer/QR User and/or any other parties. Bank shall be entitled to make claims for compensation for all losses arising out thereof.
  2. If the Merchant has not good faith in being responsible and making compensation payments as referred to in paragraph 1 of this Article, the Bank shall be entitled to debit the Merchant Account as stipulated in this SKU or in other ways to resolve the compensation problem.
     

Article 22

Other Provisions

  1. The Bank shall be entitled at any time to make changes to the contents of the SKU by giving notification to the Merchant within not later than 30 (thirty) Business Days before the intended change takes effect or other period as permitted by prevailing laws and regulations (" Notification Period ") . In the event that the Merchant disagreed with the changes to the contents of the SKU proposed by the Bank, the Merchant can submit an objection and be entitled to terminate the use of the PermataQR service during the Notification Period by first fulfilling all payment obligations that are still owed to the Bank based on the SKU (if any). If the Merchant files no objection to changes to the contents of the SKU submitted by the Bank during the Notification Period, the Bank shall be entitled to assume that the Merchant agrees to the changes and the Merchant is bound by all changes made by the Bank.
  2. All taxes and duties incurred in connection with the implementation of this PermataQR service shall be the responsibility and burden of each Party in accordance with the applicable tax regulations.
  3. If a provision in the SKU is declared invalid and/or in contradictory with and/or legally unenforceable, either partially or entirely, by a provision of the prevailing laws and regulations or by an authorized government agency, then the discrepancy or inapplicability shall not affect the validity and enforceability of other provisions that are lawful and not against the law, and the Parties hereto shall agree, to replace the provisions that become inapplicable, invalid or unenforceable with new provisions that reflect the intent and purpose of making SKU this.
  4. This SKU is made in Indonesian and English. The two language versions shall behave equally. In the event that there are differences in understanding in this SKU, the Indonesian version shall prevail.
  5. If there is a complaint regarding the Bank's products/services or there is a notification that the Merchant wants to convey to the Bank, the Merchant shall submit the intended complaint or notification via PermataTel at telephone number 1500111 or 021-29850611 or through other media determined by the Bank which can be read on the website www.permatabank.com, by preparing the documents that will be required in connection with the complaint submitted or the notification in question.
  6. Merchant will remain comply with the provisions determined by the Bank including Anti Bribery policy applicable at the Bank and promise as well as commit not to give any gifts, commissions, rebates or any other forms/actions that can be categorized as bribery to the Bank, Bank employees   and or other third parties related to the Bank and /or Bank employees in connection with the implementation of SKU herein.
    The Bank has right to terminate, end or postpone SKU herein at any time with or without any reason whatsoever if there is any indication of bribery or bribery commited by or on behalf of or for the benefit of the Merchant.
  7. The Merchant declares that the Bank has given sufficient time to understand the entire contents of this SKU.

THIS GT&C HAS BEEN IN COMPLIANCE WITH THE APPLICABLE LAWS, INCLUDING WITH REGULATION OF THE INDONESIAN FINANCIAL SERVICES AUTHORITY 

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