This Terms and Conditions (“T&C”) set out the terms and conditions in using services provided by PT Iforte Payment Infrastructure (formerly PT MCP Indo Utama), a limited liability company established under the laws of Indonesia (“iFortepay”), to the entity or individual who enters into an agreement with iFortepay or otherwise uses iFortepay Services (“You” or “Your”). iFortepay and You are collectively referred to as the “Parties” and individually as a “Party”.

By utilizing iFortepay services, You hereby agree and accept to be subject to (i) this T&C, save as may be specifically agreed otherwise in the agreement, and (ii) iFortepay Privacy Policy which is accessible in iFortepay website (“Privacy Policy”).

iFortepay shall be entitled to amend, modify or supplement the T&C from time to time. iFortepay shall provide a written notice to You of any updated T&C, which notice shall at least 7 (seven) calendar days or in any other period writing (the “Notice”). The updated T&C shall be fully applicable to You upon the expiry of the Notice. The updated T&C shall supersede and replace all previous versions.

These T&C shall constitute as one single document with the agreement and shall not be interpreted separately.

a.        All capitalised terms that are not defined in these T&C shall have the meanings as set out in the agreement and/or the Privacy Policy.

b.        words indicating the singular also include the plural and words indicating the plural also include the singular.

c.        Unless specifically stated otherwise, reference to a Clause, Sub-Clause, paragraphs, sub-paragraphs shall be construed as reference to the clauses, sub-clauses, paragraphs, sub-paragraphs of this T&C.

Bank is a legal financial institution providing both online and offline payment channels.

Chargeback is a reversal of a sum of credit by the You for Transaction that have been paid by iFortepay and/or Bank to Customers.

raud is a Transaction that is considered invalid because there is an element of law violation committed by the Customer and/or You.

Card is an electronic card issued by Bank as a to replace cash payment method and/or instalment.

Payment Open API is an openly used API whose connectivity access is provided under a agreement between service providers and users of the Payment Open API service in processing payment transactions.

Customer is the person performing the Transaction with You using one of the channels provided by iFortepay.

Settlement is the settlement of a Transaction made by iFortepay so that You may receive the amount paid by the Customer.

Service Provider is a provider of payment method other than Bank which have cooperation with iFortepay.

Service Level Standards (SLS) is a standard determined by iFortepay and an inseparable part to this T&C.

SNAP is the national standard Open API Payment which is stipulated by Bank Indonesia.

Standard Operational Procedure (SOP) is a guidebook regulating the technical procedure of the payment service.

Transaction is a financial transaction performed by the Customer using one of the online payment channels provided by iFortepay in a web owned by the Merchant.

Virtual Account is one of the Transaction services provided by Bank, where Customer shall transfer to a unique number owned by You through Bank or other networks.

The Service iFortepay provide is a payment gateway service to process payment transactions made through your website. From time to time iFortepay shall entitled to develop, modify, or add new feature or service that iFortepay can provide in order to improve the quality of iFortepay services, subject to the prevailing regulations of law and the agreement. iFortepay may also provide iFortepay services through the Payment Open API, therefore by utilizing and using the Payment Open API. You agree to comply with the Bank Indonesia regulations in connection to the Payment Open API and SNAP.

In using iFortepay services, You agree that the use of these services shall only be used to process transactions that are permitted and not prohibited under the prevailing laws in the Republic of Indonesia. Thus, if You make transactions that are prohibited by the prevailing laws of the Republic of Indonesia or misuse iFortepay services for such purpose, You shall release and indemnify iFortepay from all losses that iFortepay may incur.

In order to use the service, You shall comply with iFortepay know your merchant or know your customer procedures. In carrying out this procedure, You are required to provide the documents and/or information that iFortepay need, provided that Your documents and/or information will be considered as confidential information as regulated in these T&C. The documents and/or informations that You provide to iFortepay are accurate, true and not misleading either in part or as a whole, so that in the event of an error or difference in information from time to time, any losses arising from these errors shall be Your responsibility and You shall release and indemnify use from all risks or losses that arise for iFortepay.

If You have passed the procedure above and iFortepay have not conveyed to You a refusal to provide iFortepay services, iFortepay will provide credentials and dashboard access to use iFortepay services according to the payment channel that has been proposed by You to iFortepay.

Every transaction processing flow, mechanism, and settlement period of the iFortepay service will be subject to the SOP and SLS that iFortepay determine and update from time to time, unless otherwise specified in the agreement.

For each successful transaction through each payment channel provided in the iFortepay service, iFortepay have the right to charge a certain amount of transaction and taxation as stipulated in the agreement.

iFortepay reserve the right to arrange for incidental or ongoing monitoring of the utilization of iFortepay services, including services through the Payment Open API.                

In the event that iFortepay find an indication or event of abuse of iFortepay services, a suspicious transaction, Fraud transaction, Chargeback, and/or other transaction which have similar nature, as soon as practicable:

a.        iFortepay will inform You about the indication or event and You are required to provide the relevant documents and/or information, including but not limited to the underlying documents of transactions, proof of payment, and/or other documents/information to iFortepay, provided that this documents/information are subject to the confidential information provisions stipulated in these T&C;

b.        If necessary based on iFortepay consideration, iFortepay have the right to temporarily terminate the iFortepay service, without providing compensation in any form to You. During the temporary suspension period, iFortepay have the right to close Your access to the iFortepay service dashboard and not carry out transaction processing. If the cause of the temporary suspension has been successfully handled and resolved, iFortepay may terminate the temporary suspension or terminate the provision of iFortepay services to You, based on iFortepay considerations and policies.

The following is information that categorize as confidential information (“Confidential Information”):

a.        business including but not limited to commercial information, business information, trade secrets or know-how, marketing strategies, ideas, concepts, conditions and financial information, operations, details of personnel, technology and/or design models, processes, procedures and security approach;

b.        any information or data relating to concepts and ideas, technologies, formulas or improvements, adjustments or parameterizations of commercial value and not available to the public and including, but not limited to, all confidential and proprietary rights to concepts, documentation, reports, specifications data, hardware and software inventory, hardware, software configuration, network topology, system diagram, database schematic, IP address, source code, object code, flow chart, database, invention, whether patentable or copyrighted or not;

c.        other information shared by the giver of the confidential information to the recipient of the Confidential Information, which the giver of the Confidential Information has a business, ownership interest or ownership of or has a legal obligation to protect, whether received from a third party or personnel from the giver of the Confidential Information in any form, which by the giver of the information considered confidential and which may in fairness be deemed confidential and which may be received, accessed or obtained by the recipient of Confidential Information, during the term of use of iFortepay's services.

Parties receiving Confidential Information are prohibited from causing their representatives to use Confidential Information which it has obtained or received as a result of discussion leading up to use iFortepay’s services or received as a result of utilizing iFortepay’s services for any purpose except as necessary to implement, implement or enforce these Parties receiving Confidential Information are prohibited from causing their representatives to use Confidential Information which it has obtained or received as a result of discussion leading up to use iFortepay’s services or received as a result of utilizing iFortepay’s services for any purpose except as necessary to implement, implement or enforce these Terms and Conditions. The party receiving the Confidential Information will implement commercially reasonable administrative, technical and physical safeguards designed to: a) ensure the security and confidentiality of the Confidential Information; (b) protect against anticipated threats or harm to the security of the Confidential Information; and  (c) protect against unauthorized access to or use of Confidential Information. Prior to disclosing Confidential Information to authorized recipients, the Receiving Party must inform them of the confidential nature of the Confidential Information and require them to comply with the terms of these Terms and Conditions. The party receiving the Confidential Information will promptly notify the giver of the Confidential Information if the party receiving the Confidential Information discovers any improper use or disclosure of the Confidential Information and will immediately initiate all reasonable efforts to investigate and remedy the cause of the improper use or disclosure.

Parties receiving Confidential Information may disclose Confidential Information to other parties if:

a.        disclosure of Confidential Information is required by applicable laws and regulations or Government Agencies;

b.        disclosure of Confidential Information is required in the context of law enforcement processes either during the investigation, investigation and/or examination stages in court or disclosure is made to a tax authority;

c.        information is publicly available and becomes publicly available; and/or

d.        provider of Confidential Information has given prior written consent regarding the disclosure of Confidential Information.

iFortepay and You must maintain the confidentiality and security of the personal data they receive from implementing these T&C, including but not limited to the Customer's personal data.

Any collection, storage, utilization, transmission, disclosure and/or deletion and/or destruction of personal data by iFortepay and You must be approved in advance by the personal data subject and carried out in accordance with applicable laws and regulations regarding the protection of personal data. The data subject who is the owner of the personal data also has the right to change or withdraw his consent, and request the deletion and/or destruction of his personal data.

iFortepay and You agree to always comply with the applicable regulatory provisions regarding personal data protection, including the provisions stipulated in the SNAP governance guidelines issued by Bank Indonesia, including regarding responsibility for customer data security, data protection mechanisms, especially customer personal data. mechanisms for approval, revocation and deletion of data, as relevant to the implementation of these T&C.

You are required to submit proof of consent from the personal data subject to iFortepay, if requested by iFortepay, Service Providers, and/or authorized Government Agencies

Collection, storage, utilization, delivery of disclosure, and/or deletion and/or destruction of personal data must be carried out only for the benefit of the data subject concerned.

Any complaints regarding the iFortepay services as referred to in these T&C can be submitted via iFortepay email with the following address:

PT Iforte Payment Infrastructure                

helpdesk@mcpayment.co.id

All rights and obligations of the Parties arising under these Terms and Conditions must comply with and comply with the regulations in force in the Republic of Indonesia.                

iFortepay and You shall perform all of their duties under the agreement (including these T&C) as independent parties. Nothing in the T&C and agreement shall be construed to give either party the power to direct or control the daily activities of the other party. Both iFortepay and You understand and agree that, except as specifically provided in this T&C and the agreement, neither party grants other the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party.