Agreement on accession

Advantages

Products

Payment Methods

Log in

RU

KZ

Advantages

Products

Payment Methods

Log in

RU

KZ

Log in

Login to the personal account

Agreement on accession

Subject

"FFIN Payments" LLP (hereinafter referred to as the "System Operator") provides the Merchant with a payment service, as well as information and technological support within the framework of providing Services for receiving payments from Cardholders in favour of the Merchant for the goods/works/services sold by the Merchant through the System, in accordance with the procedure and subject to the requirements defined by the terms of this Agreement on Accession to the "ASIAPAY" system. The Merchant, in turn, undertakes to pay the System Operator a commission in the amount, terms, and conditions specified in this Agreement and on the System Operator's website.

The System Operator undertakes, on behalf of the Merchant:

to provide services for processing payments initiated by the client in electronic form and transferring the necessary information to the bank, an organization carrying out certain types of banking operations, to execute a payment and/or transfer or accept money for these payments; and
to carry out information and technological support for Settlement Participants, including the collection, processing, and transfer of information within the framework of Payouts initiated by the Merchant in favour of the Transfer Recipients through the System, in accordance with the procedure and subject to the requirements defined by the terms of this Agreement. The Merchant, in turn, undertakes to pay the System Operator a commission in the amount, terms, and conditions specified in the Agreement and on the System Operator's website.

General Conditions

1. The scope of Service provision is determined by the following:

Features of the Accession Agreement
Terms and their meanings

2. This Agreement has the following features:

The terms of the Agreement are defined by the System Operator in a standard form and must be accepted by the Merchant by joining this Agreement entirely, without exceptions or limitations.
The Agreement contains General and Special Conditions.
General Conditions are defined and applicable regardless of the Governing Law.
Special Conditions are defined to supplement the General Conditions depending on the Governing Law.
In case of contradictions between the General Conditions and the Special Conditions, the Special Conditions shall prevail.
The documents forming integral parts of the Agreement include the Merchant's Questionnaire, as well as other documents specified in the Special Conditions, and shall prevail according to the reverse order of their listing.
The System Operator has the right to unilaterally amend the terms of the Agreement aimed at: improving the quality and accessibility of Services; ensuring the efficiency and reliability of the System; complying with the Governing Law, rules and terms of Payment Methods, and amendments thereto.
Unless otherwise specified in the Special Conditions, changes to the terms of the Agreement shall enter into force upon the publication of the updated version of the Agreement on the Internet on the System Operator's website or the terms in the Merchant's Personal Account regarding available payment methods and commission fees.

3. The specified terms have the following meanings:

System Operator – a legal entity that, in accordance with the Governing Law, ensures the functioning, use, and accession to the System.
"ASIAPAY" System – a hardware and software complex, as well as related means and resources, used by the System Operator to provide the Services.
Service – services ensuring informational and technological interaction between the beneficiary (Merchant) – an individual entrepreneur or legal entity – and the payment service provider (Bank) when the latter transfers money to the beneficiary based on payments received from payers without the participation of third parties.
Payment Instruction – a request to carry out a payment acceptance or payout operation for the execution of an Order.
Payment Acceptance – the transfer of funds from the Sender in favour of the Merchant.
Payout – the transfer of funds from the Merchant in favour of the Recipient.
Operation – a payment acceptance or payout operation.
Order – GWS subject to delivery by the Merchant.
GWS – goods and/or works and/or services offered in the Merchant's Infrastructure.
Merchant – a legal entity or an individual carrying out activities without forming a legal entity (individual entrepreneur), which ensures the processing and execution of the Order in accordance with the Governing Law.
Sender – a natural or legal person who has placed an Order using the Payment Acceptance Service.
Recipient – a natural or legal person who has placed an Order using the Payout Service.
Means and Resources – organizational, informational, technological, material, intellectual, labour, financial, legal, and other means and resources, including (but not limited to): an Internet website, premises and equipment, information system, personnel, funds, registration, licenses, contractual relations, rules and standards, etc.
Merchant Infrastructure – means and resources whose use is ensured by the Merchant.
Settlement Participants – Sender, Recipient, Merchant, Bank, System Operator, other settlement participants (if necessary).
Payment Method – a set of means and resources under a specific trademark, ensuring authorization and the corresponding method of conducting operations between settlement participants, including a legal entity (bank or other organization) that represents the Payment Method in relations with the System Operator and under the Agreement.
Bank – a second-tier bank of the Republic of Kazakhstan that carries out the acceptance and payout of funds to Merchants during purchase operations of goods/works/services by Cardholders on the Merchant's website using Payment Cards (their details) under the terms of the Internet Acquiring Agreement.
Agreement – this Agreement on Accession to the System, posted on the System Operator's website, including the General Conditions, Special Conditions, and documents forming integral parts of the Agreement.
Personal Account – a specialized section of the Merchant in the Operator's System, which grants the Merchant access to information about operations for the Services, as well as the use of other functional capabilities of the Operator's System.
Governing Law – the legislation of the country determined according to the Special Conditions for the purpose of regulating the relations of the Parties under the Agreement.
Party – the System Operator or the Merchant, according to the context of the terms.
Parties – the System Operator and the Merchant.
International Payment Method, IPM – a payment method ensuring authorization and card acceptance as a method of conducting operations under the "Visa" or "Master Card" trademark. Other international and national Payment Methods, including, but not limited to, "Union Pay", "American Express", "Diners Club", "JCB", etc., may also be specified as IPMs under the Agreement.
Applicable Requirements – the Governing Law, the rules and standards of the Payment Methods used, the Internal Regulatory Documents (IRD) of the System Operator, assumed contractual obligations, including the Agreement.
IRD – Internal Regulatory Documents.
Operations Register – an automatically generated report by the System Operator indicating the amounts and other data of operations for the reporting period.
Card, Payment Card – an instrument of access to bank account management, containing information that allows the holder of such a payment card to make payments, transfers, receive cash at ATMs, and perform other operations determined by the issuing bank of the payment card and on its terms.
POS-terminal – an electronic-mechanical device through which Payment Acceptance is carried out using a payment card.
Other Terms – terms whose meaning is defined in the Special Conditions, as well as other documents forming integral parts of the Agreement.

Procedure for Service Provision

4. The procedure for Service provision is determined by the following:

Connection of the Merchant to the System
Settlement Procedure
Disconnection of the Merchant from the System

5. The procedure for connecting the Merchant to the System consists of the following conditional stages:

Application Registration
Access to the Personal Account
Filling out the Questionnaire
Collection of the document package
Verification
Accession to the Agreement
Integration
Configuration of operation processing parameters
Testing
Activation of the "live mode"

6. Application Registration:

The Merchant initiates the connection to the System using the corresponding application submission functionality on the System Operator's website.
The System automatically registers the Merchant's connection application and sends a confirmation to the email address specified during the application submission.

7. Access to the Personal Account:

The confirmation of the registration of the Merchant's connection application contains instructions, an identifier (login), and a password for authorized access to the Merchant's Personal Account in the System.
Following these instructions, the Merchant logs into the Personal Account and proceeds to fill out the Questionnaire.

8. Filling out the Questionnaire:

The Merchant fills out the Questionnaire in the Personal Account by specifying data in accordance with the Governing Law and the requirements of the Agreement.
To assist in filling out the Questionnaire, the Merchant may contact the System support service using the contacts specified in the received application registration confirmation or on the System Operator's website.
To assist in filling out the Questionnaire, the System Operator may independently contact the Merchant using the contacts specified in the connection application.

9. Collection of the document package:

The Merchant provides the System Operator with the package of documents required in connection with filling out the Questionnaire according to the terms specified in the Personal Account.
The initial submission of the document package is carried out by the Merchant by uploading images or copies of the original documents to the Personal Account.

10. Verification:

The System Operator verifies the completeness and compliance of the Questionnaire and the document package with the Applicable Requirements.
If necessary, according to the Applicable Requirements, the System Operator requests missing or additional documents from the Merchant for verification.
The System Operator informs the Merchant about the verification result.

11. Accession to the Agreement:

In case of a positive verification result, the Merchant accedes to the Agreement.
Unless explicitly defined otherwise in the Special Conditions, the Merchant's submission of the Questionnaire, document package, and other required documents forming integral parts of the Agreement, certified in accordance with the Applicable Requirements, means the acceptance of the terms and accession to the Agreement.
The Agreement shall enter into force from the moment the System Operator registers the fact that the Merchant has provided the Questionnaire, document package, and other required documents forming integral parts of the Agreement, certified in accordance with the Applicable Requirements and fully corresponding to the positive verification result.

12. Integration:

The System Operator provides the Merchant with documentation for integration with the System and, if necessary, assists the Merchant in carrying out the integration with the System.
The Merchant, according to the received documentation, carries out the integration with the System.

13. Configuration of operation processing parameters:

The System Operator configures the parameters for processing the Merchant's operations in the System in accordance with the terms of the Agreement and the Applicable Requirements.
The System Operator transfers to the Merchant virtual and/or material equipment (including electronic and/or physical POS-terminals) subject to provision by the System Operator within the framework of the Services.

14. Testing:

Initially, the System Operator establishes a test mode for conducting operations for the Merchant.
The Merchant conducts operations in test mode through the System, informs the System Operator of identified errors, and eliminates errors arising on the Merchant's side.
The System Operator eliminates identified errors and informs the Merchant about errors arising on the Merchant's side.

15. Activation of the "live mode":

After configuring the operation processing parameters, the System Operator activates the possibility for the Merchant to switch to the "live mode" of conducting operations in the System.

16. Settlement Procedure:

The System Operator collects funds for the accepted Payments in favour of the Merchant, which have arrived at the System Operator's transit account specified in the special conditions of the Agreement, through the System.
The System Operator transfers the funds for the accepted Payments to the Merchant's current account, specified in the completed and signed Merchant Questionnaire, minus the commission, and within the terms and conditions specified in the Agreement.
Payout Operations are carried out at the expense of the Merchant's balance in the System, which is topped up by the Merchant by transferring funds to the System Operator's transit account specified in the Agreement. The top-up of the Merchant's balance in the System is carried out within 3 (three) business days from the moment the Merchant's funds arrive at the System Operator's transit account.
The System Operator issues the Cardholder an electronic document confirming the Cardholder's completion of the operation and the debiting of the System Operator's commission from the Cardholder.
The System Operator's commission for Payment Acceptance and Payout execution is a specific percentage rate of the amount of accepted Payments and the amount of Payouts, respectively, the sizes of which are specified in the special conditions section of the Agreement, and is calculated based on the Registers that are automatically generated by the System.
The System Operator monthly, no later than the 10th (tenth) day of the month following the reporting month, generates and sends to the Merchant's email address an Act of Services Rendered (Works Performed) in electronic form, based on the Registers.
The Merchant is obliged to reconcile the data specified in the Registers within a period of no more than 10 (ten) business days from the date of receipt of the Act of Services Rendered (Works Performed). In the absence of objections, the System Operator signs and sends to the Merchant 2 (two) copies of the Act of Services Rendered (Works Performed) and an invoice for the amount of the commission specified in the Act of Services Rendered (Works Performed) within the period specified in this clause.
The Merchant signs and sends to the System Operator one copy of the Act of Services Rendered (Works Performed), signed by the Parties, within 5 (five) business days after receiving it from the System Operator. The second copy remains with the Merchant.
If the Merchant disagrees with the data provided in the Registers, the Merchant is obliged to provide the System Operator with a motivated justification and supporting documents for reconciliation within 5 (five) business days.
In the event that the Merchant does not provide the System Operator with a signed Act of Services Rendered (Works Performed) or the motivated justification provided for in part 9 of clause 16 of the Agreement within 10 (ten) business days, the Act of Services Rendered (Works Performed) shall be considered accepted by the Merchant, and the services rendered properly by the System Operator.

17. The procedure for disconnecting the Merchant from the System consists of the following conditional stages:

Notification of Agreement Termination
Operation Blocking
Equipment Return
Mutual Settlements
Closure of Access to the Personal Account
Document Storage

18. Notification of Agreement Termination:

The Party initiating the disconnection from the System sends the other party a notification of Agreement termination in accordance with the requirements of the Agreement, indicating the date and grounds (if any) for such termination.

19. Operation Blocking:

The Party initiating the disconnection from the System blocks the execution of operations through the System from the date the notification of Agreement termination is sent.

20. Equipment Return/Disconnection:

The Merchant returns and/or disconnects from the equipment (both electronic and physical POS-terminals) provided by the System Operator within the framework of the Services.

21. Mutual Settlements:

After blocking the execution of operations through the System, the parties conduct reconciliation and subsequent mutual settlement within the term and on the conditions defined in the Agreement.

22. Closure of Access to the Personal Account:

The Agreement is considered terminated provided that the parties have completed mutual settlements and fulfilled the obligations assumed under it.
After the termination of the Agreement, the System Operator blocks the Merchant's access to the Personal Account in the System.

23. Data and Document Storage:

After the termination of the Agreement, the System Operator stores the Merchant's data and documents for the period established in accordance with the Special Conditions and other Applicable Requirements.

24. Requirements for Service Provision are determined by the following:

Chargeback, refund to the Cardholder
Liability of the Parties
Confidentiality
Dispute Resolution
Requirements for the Merchant to use the System

25. Rights and Obligations of the Parties are determined by the following:

Rights of the Merchant
Obligations of the Merchant
Rights of the System Operator
Obligations of the System Operator

26. Rights of the Merchant:

To use the functional capabilities of the System after the System Operator grants access to the Personal Account;
To receive technical and informational support from the System Operator in connection with the use of the System;
To submit claims and demand compensation for actual damages in case of violation of the Applicable Requirements by the Operator;
To use electronic and/or physical equipment (including POS-terminals) provided by the System Operator within the framework of the Services.

27. Obligations of the Merchant:

To use the System according to the terms of the Agreement and the Applicable Requirements;
To provide the Operator with reliable data and information;
To ensure and be responsible for the confidentiality of its identifier (login) and password for accessing the Personal Account;
Not to use the System for illegal activities;
Not to allow a negative balance of funds in the System;
To bear full responsibility for cancelled and/or disputed operations;
To reimburse the System Operator for confirmed actual damages, including penalties imposed by the Payment Method;
To reimburse the System Operator for any losses incurred if such losses were related to the sale of the Merchant's GWS that are prohibited for sale in accordance with the Applicable Requirements.

28. Rights of the System Operator:

To use the data and information provided by the Merchant for the provision of Services;
To post information about cooperation with the Merchant, including the Merchant's logo, trademark, trade name, or other means of individualization in the System Operator's means and resources according to the Applicable Requirements, subject to prior agreement by the Parties;
To determine and make changes to the terms of the Agreement, the procedure and conditions of functioning, as well as the functional capabilities of the System according to the Applicable Requirements;
To modify, expand, or limit the functionality of the Merchant's Personal Account, as well as to block the Merchant's access to the Personal Account according to the Applicable Requirements;
To suspend the functioning of the System and/or the provision of Services in case of detection of malfunctions, errors, and failures, or the Merchant's violation of the Applicable Requirements, as well as for the purpose of prevention or unauthorized access and suspicious or fraudulent operations;
To request data and information from the Merchant, and take other measures necessary in connection with the provision of Services;
To present claims and demand compensation for actual damages in case of the Merchant's violation of the Applicable Requirements;
To charge the commission fee provided for by the Agreement;
To debit in a non-acceptance manner from the System balance the amounts of the Merchant's unfulfilled obligations under the Agreement;
To check the Merchant's compliance with the requirements for the storage and use of the received equipment (including POS-terminals) provided by the System Operator within the framework of the Services.

29. Obligations of the System Operator:

To ensure round-the-clock uninterrupted functioning of the System, except for cases of suspension provided for by the Applicable Requirements;
To immediately take necessary measures to resume the functioning of the System and notify the Merchant of the reasons and terms of the suspension;
To ensure proper security conditions when conducting operations, including the confidentiality and protection of personal data according to the Applicable Requirements;
To provide informational and technical support in connection with the provision of Services;
To compensate, upon the Merchant's demand, the confirmed actual damages incurred as a result of the System Operator's violation of the Applicable Requirements;
To transfer to the Merchant the equipment (including POS-terminals) subject to provision by the System Operator within the framework of the Services.

30. Chargeback, Refund to the Cardholder:

In case the System Operator/Bank receives a Chargeback, the System Operator addresses a written request to the Merchant for the provision of documents confirming the fulfillment of obligations for the supply of goods/works/services.
The Merchant must provide the requested documents within the term specified in the Special Conditions.
In case the Merchant fails to provide the necessary documents within the specified term, or if the Merchant agrees with the fact of non-fulfillment of obligations, or if the Transaction is undeniably recognized as fraudulent by the IPM/Bank, the System Operator at its own expense refunds the Transaction amount to the Cardholder, and subsequently withholds this amount from the money subject to transfer to the Merchant's account. The Merchant hereby consents to this withholding.
The crediting of money to the Merchant's account does not mean final recognition of the authorization of such Transactions. The Merchant assumes all risks and undertakes to unconditionally return the money to the System Operator in case the System Operator receives a Chargeback.
In case of suspicion regarding the authorization of Transactions, the System Operator has the right to suspend Payments and the crediting of money for such Transactions for the duration of the investigation, but no more than 180 (one hundred eighty) calendar days.
If the Chargeback amount exceeds 1% (one percent) of the amount of all Transactions, the System Operator has the right to suspend the processing of Transactions for a period of up to 180 (one hundred eighty) calendar days.
If the number of Chargebacks for the Merchant's transactions exceeds 5% of the total amount of all the Merchant's transactions for one year, the System Operator has the right to terminate the processing of the Merchant's transactions.

31. Liability of the Parties is determined by the following:

Responsibility of the Parties
Limitation of Liability
Force Majeure

32. Responsibility of the Parties:

The Merchant bears full responsibility to the System Operator for the actions of persons having access to the management of the Online Store and for violations of the Agreement.
The System Operator bears full responsibility to the Merchant for the actions of persons having access to the management of the System and for violations of the Agreement.
The Merchant bears full responsibility for losses caused to the System Operator and third parties as a result of its non-compliance with the Applicable Requirements.
The System Operator bears full responsibility for losses caused to third parties and the Merchant as a result of its non-compliance with the Applicable Requirements.
The Merchant undertakes to reimburse in full any losses incurred by the System Operator due to the Merchant's non-fulfillment of its obligations to Cardholders or to the System Operator.
The Parties are responsible for the disclosure or loss of confidential information.
The Merchant is obliged to reimburse the System Operator for any losses related to the sale of prohibited GWS and to reimburse penalties and losses caused by fines from IPMs due to the fault of the Merchant.

33. The System Operator is NOT liable to the Merchant in case of:

The Merchant granting access to the Personal Account to third parties or other violation of confidentiality;
The presence of malicious software when accessing the Personal Account;
Any disputes regarding transactions for the supply of GWS;
Claims from tax, regulatory, and law enforcement agencies to the Merchant regarding its transactions;
Temporary inoperability of the System associated with failures and errors of hardware or software that occurred not due to the intentional actions or inactions of the System Operator (e.g., failures of Internet providers, Payment Systems, or the Bank);
The impossibility of contacting the Merchant due to unreliable or un-updated contact information;
The Merchant's failure to review the current version of the Agreement or Applicable Requirements;
The Merchant's or the Merchant's clients' violation of the Applicable Requirements;
Incorrect or erroneous formation of instructions or data transfer by the Merchant;
Indirect losses that go beyond actual damages, including: lost profit from the loss of contracts, clients, time, data, reputation, or other resources;
The unreliability of information posted on the Merchant's information resources.

34. Circumstances of Insurmountable Force (Force Majeure):

The Parties shall be released from liability if non-fulfilment was a consequence of Force Majeure (including natural disasters, military actions, strikes, system failures, or government acts).
The Party affected by Force Majeure is obliged to notify the other Party in writing within 7 (seven) calendar days.

35. Confidentiality:

The Parties undertake not to disclose confidential information (including information about clients, operation amounts, commissions, and other commercial information).
The fact and subject of the Agreement are not confidential information.
Confidential information may be provided to third parties only as required by law or upon prior written agreement with the Party whose information may be disclosed.

36. Dispute Resolution:

The Parties are guided by the Governing Law (defined in the Special Conditions).
All disputes will be resolved through negotiations.
If an agreement is not reached, disputes are subject to resolution in the judicial instance defined in the Special Conditions of the Agreement.
Data and information provided by the Parties in written or electronic form will be taken into account in court.

37. Term and Termination of Obligations:

The Agreement is concluded for an indefinite term (unless otherwise specified in the Special Conditions).
The Agreement may be terminated at the initiative of either Party by sending a written notification no less than 30 (thirty) calendar days in advance.
The Merchant's obligation to reimburse the System Operator for damages from IPM penalties remains valid for 180 (one hundred eighty) calendar days from the date of termination.
The Agreement may be terminated unilaterally by the System Operator without observing the 30-day notice period in cases of:

Refusal of payment services and the acquiring bank to service the Merchant's Payments/Payouts.
The Merchant's violation of its obligations under the Agreement.
Suspicion that the business relationship is being used by the Merchant for the purpose of money laundering or financing of terrorism.

Unilateral termination by the Merchant without the 30-day notice is possible if the System Operator violates its obligations.

38. Requirements for the Merchant to use the System are determined by the following:

List of Prohibited GWS
Requirements for the Merchant's Infrastructure

39. List of Prohibited GWS:

Illegal software (including hacking tools);
Products or services that violate public morality and order (including: pornography, promotion of hatred, violence, terrorism);
Illegal distribution of weapons, narcotics, and precursors;
Products or services related to the illegal use of intellectual property;
Products or services provided without required licenses;
Products or services aimed at money laundering;
Other GWS prohibited according to the Applicable Requirements.

40. Requirements for the Merchant's Infrastructure:

Interaction Interfaces (site, app) must be operational and have a static IP address.
Prohibited content: No sexual, drug-related, political, or nationalist information/links.
Must post location information (for Merchants with pickup points), legal entity information, and required documents (public offer with last approval date).
Must post information about licenses/permits (for licensed activities).
Must post information about payment security measures, card payment instructions, and rules for refunds, returns, and dispute resolution.
Technical requirements: No non-working pages (HTTP 301, 302, 401, 403, 404, 502); no misleading links; must support secure HTTPS connection (SSL123 or higher).
Payment requirements: A mechanism for payment with 3D Secure support and a refund mechanism must be tested.
Content consistency: Declared GWS categories in the Questionnaire must match those in the Interfaces.
Personal Account security: Authentication, registration, and order process must be protected by HTTPS and anti-robot protection.
Pricing/Description: Current description and prices for GWS must be indicated.

41. Payment Account and Liability:

All Operations are conducted using a specialized transit account of a second-tier bank of the Republic of Kazakhstan.
The servicing Bank assumes unconditional responsibility for the proper direction of funds to the end beneficiary.
The System Operator has the right to unilaterally and immediately terminate the Agreement if the Merchant's actions or inactions cause harm to the business reputation of any of the IPMs.
The System Operator has the right to disclose any information about the Merchant to the IPMs.

42. Additional Obligations of the Merchant (Key Points):

Cooperate and provide documents for investigations by IPM/Bank/Law Enforcement (must be pre-agreed with the System Operator).
Do not initiate Operations that were previously disputed or rejected.
Do not sell prohibited GWS or conduct prohibited Operations.
Apply anti-fraud measures and not commit Fraudulent Operations.
Store documents for 5 (five) years and provide them upon request within 2 (two) business days (failure to provide is grounds for reimbursement claim).
Do not collect or process CVC2/CVV2 information.
Do not conduct Operations for the purpose of providing cash or repaying loans.
Do not attempt to waive financial responsibility for disputed transactions.
Comply with PCI DSS and notify the System Operator if third parties are involved who access Cardholder data.
Assume full responsibility for the actions of its employees.

43. Merchant Requirements (Key Points):

The Online Store must be on paid hosting with HTTPS.
Must have clear identification, explain delivery/return/refund procedures, and indicate the final cost (including VAT).
Must notify the Cardholder about the commission fee.
Must comply with the List of Prohibited Activities (including weapons, illegal software, narcotics, gambling without a license, crypto (except AIFC-licensed), binary options, escort services, etc.).

44. Required Documents for Disputed Transactions: