Terms and Conditions

Introduction

This terms and conditions policy (the “Usage Policy”) relates to your use of the “Online Payment Gateway/ Moyasar”.

Whereas these terms and conditions constitute a legally binding agreement concluded between you (whether in a personal or legal capacity) and Moyasar Financial Company, hereinafter referred to as the “Service Provider”, please read these terms and conditions carefully before using the services of Moyasar Financial Company.

By clicking on the acceptance of these terms and conditions electronically, you acknowledge that the agreement is concluded electronically under Articles Five and Ten of the Saudi Electronic Transactions System, and your acceptance of the terms and conditions is considered a complete acceptance of all that is stated therein. Furthermore, as Moyasar Financial Company provides many different services, you are also subject to additional conditions and instructions according to the type of service.

Therefore, if you do not agree with any part of these terms or any specific terms related to a particular service, you should refrain from using the services provided by Moyasar Financial Company.

Article One – Introduction and Definitions

• Parties: Moyasar Financial Company, and the Merchant, known as (both Parties).
• Service: refers to the electronic payment service provided by the Electronic Payment Service Provider.
• Fees: refers to the amounts due to payment service provider for the services provided to the merchant under this Contract.
• Amounts Due: refers to the total service costs and financial returns for both Parties.
• The bank: refers to the Merchant’s designated bank.
• Central Bank: refers to the Central Bank of Saudi Arabia.
• E-Commerce System: is a system issued by the Ministry of Commerce and approved by the Council of Ministers to enhance the reliability of e-commerce in the Kingdom of Saudi Arabia, to stimulate, develop, and provide the necessary protection for e-commerce Transactions in order to preserve the rights of the Merchant and online shoppers.
• Business Day: refers to the day determined by the Central Bank as one of the general banking business days in the Kingdom of Saudi Arabia.
• Electronic payment: refers to delivering electronic payment Transaction data and settlement to and from the merchant, processing Transactions, and related electronic services provided by the service provider.
• Electronic Payment Service Provider: is the legal entity that has obtained the necessary licenses from international bodies, local government agencies with jurisdiction, and the Central Bank to provide electronic payment services.
• Electronic Payment Gateway: refers to the technical services provided by the Electronic Payment Service Provider through which electronic payment Transactions are processed.
• Electronic commerce: A commercial activity carried out by the service provider and the consumer - wholly or partially - through electronic means, for the purpose of selling products, providing services, advertising them, or exchanging their related data.
• Cardholder: It refers to the legal person who has been provided with a specific Card or authorized to use a bank Card.
• Merchant: means the legal person licensed by local government agencies with expertise in selling products and/or services online and accepting credit Cards as a method of payment, referred to as the merchant.
• Customer/Customers: refers to the consumer of the products and services offered by the merchant.
• Payment Order: refers to the order issued by the payer or payee to the Electronic Payment Service Provider requesting the execution of an electronic payment Transaction.
• Transaction: refers to any bank Transaction, including, as appropriate, a credit Transaction or a debit Transaction on a bank Card.
• Successful Transaction: refers to any payment Transaction that has been accepted by the Electronic Payment Service Provider, the Card issuer bank, or the payment network.
• Consent: includes subsequent written confirmations of any prior oral approvals, which may include confirmation via email.
• Force Majeure: refers to any event beyond the control of the Parties and not caused by any fault or negligence on their part, resulting in the impossibility of performing the contractual obligations, including, but not limited to, natural disasters, etc.

The two Parties are obligated not to use any of the information for any purpose other than stipulated in this Contract, or to disclose it to any third party, with the Service Provider obligated to disclose the Contract information if requested by the system or by a judicial order or any governmental body, and the Parties and their employees, independent contractors and agents are obligated to maintain confidentiality regarding business practices, trade secrets, gateway services, data formats, and financial information.

Article Three – “The Service Provider” Updates

The Service Provider has the right to update and change the terms and conditions by publishing the updates and changes on its website. It is also advisable to visit the site from time to time to view any update that may affect you.

You agree that the Service Provider may amend these terms at any time by publishing the amended terms on the website. Modifications are effective from the date of publication, and your continued use after such amendments constitutes acceptance. If you do not agree with any changes, you must discontinue using the service.

Article Four – Liability of the Service Provider

1. The Electronic Payment Service Provider shall not be liable for any loss or damage (including consequential loss or damage) incurred by You under this Agreement including, but not limited to, loss or damage caused by any device or telecommunications service not working.
2. In the event of any malfunction or interruption, the Electronic Payment Service Provider will take all necessary commercial and technical steps to reduce the period resulting from this interruption.
3. In no event will either Party be liable for indirect, special or consequential damages, even if advised. Neither Party shall be liable to the other for any failure or delay in performing this Contract in accordance with its terms if such failure or delay arises from causes beyond control or force majeure and without fault or negligence of that Party.
4. This Clause of the Article shall survive expiration or termination of this Contract for any reason.
5. By entering into this agreement, you acknowledge and agree to release The Service Provider, its subsidiaries, officers, directors, employees, and agents from any claims, liabilities, damages, losses, expenses, or indemnifications, including but not limited to legal and accounting fees, arising out of or in any way related to:
   • Your access to third party accounts that provide support services for your e-commerce store (whether used or unable to use), including but not limited to installment or logistics services.
   • Your negligence or misconduct.
   • Your failure to provide and maintain correct, accurate, up-to-date and complete information in relation to your Service Provider Account.

Article Five – Obligations of the Merchant

1. You are obligated to secure the online store by imposing an SSL connection and updating it during the validity of the agreement for providing the electronic payment service.
2. You are committed to the PCI-DSS security standards and requirements; secret card data must not pass through your server but must be sent directly to the Service Provider.
3. You must clearly inform the Cardholder of the identity of the online store, its data, and communication methods, and inform the Cardholder they are responsible for:
   • Sales transactions, including goods or services subject to sale.
   • Customer services related to the transaction.
   • Settlement of disputes.
   • Communicating response and complaint handling times.
   • Disclosing terms and conditions of the sales or service transaction.
   • Providing delivery time in purchase invoices.
   • Sharing the refund policy before completing the transaction.
4. You must minimize refund amounts by addressing defects or sale breaches promptly upon notification by the Service Provider.
5. You must notify the Service Provider immediately via email in case of:
   • Material adverse effects on business, assets, or ability to perform.
   • Transfer, sale, or change in business structure.
   • Changes to business address, contact details, or operations.
   • Changes in ownership identity or percentage.
6. You must not pass on any fees or taxes payable under this Agreement to the Cardholder, including VAT or financing costs.
7. You must comply with all policies and restrictions published or updated by the Service Provider, including technical, security, privacy, and data protection requirements.

Article Six – Product Regulations

1. You must trade in authorized goods, services, and merchandise, and not deal in prohibited or regulated items (e.g., religiously prohibited products, prescription drugs).
2. You must ensure your commercial register aligns with the goods and services displayed in your online store.
3. You acknowledge you do not own intellectual property rights to the gateway services and agree not to challenge the Service Provider’s ownership. You shall not:
   • Disassemble, reverse-engineer, or attempt to discover source code or trade secrets.
   • Circumvent technical measures controlling access.
   • Use the electronic payment gateway services in violation of this Contract.
4. You must follow all security recommendations and notices from the Service Provider concerning your online store, identity, login credentials, or gateway account(s).

Article Nine – Receipt of Payments from Outside the Kingdom of Saudi Arabia

1. You must seek approval from the Service Provider to receive payments from outside the Kingdom due to associated risks.
2. You must explain:
   • The nature of goods or services provided.
   • Expected transaction amounts based on past sales or future projections.
3. You must specify the countries involved and sign a request absolving the Service Provider of risks (e.g., fraud, forgery).
4. The request is subject to risk-based review by the Service Provider’s Risk Management and Compliance Department.
5. Your account will be monitored based on transaction volume and customer complaints, notably refund complaints.

Article Ten – Settlement and Payment Method

The Service Provider’s dues are settled by deducting agreed service fees and applicable VAT from each successful transaction. Remaining amounts are transferred to the Merchant’s bank account. Delays may occur due to inaccurate bank details or non-compliance.

1. Amounts owed are transferred within seven (7) business days, provided totals are ≥ 100 SAR. Delays apply for verifications.
2. Early payment requests may incur additional fees.
3. The Service Provider may revise fees via written notice; failure to object within 30 working days will bind you to the changes.
4. You must pay all fees by invoice due date; non-payment may result in service suspension.
5. You must review all transactions and notify errors within 30 business days; otherwise, they are deemed accurate and final.

Article Eleven – Warnings and Suspension of Service

1. The Service Provider may suspend your account after 90 days of inactivity, with written notice.
2. You may request reactivation if inactivity was due to business nature.
3. Reactivation may be approved or denied at the Service Provider’s discretion.
4. Service may be suspended if you fail to respond to requests for documents.
5. Suspicion of fraud may lead to temporary suspension pending investigation.
6. Excessive chargeback requests may result in temporary suspension.
7. Legal authority requests may lead to service suspension.
8. You may request temporary suspension if unable to continue operations for a limited period not exceeding the Contract term.

Article Twelve – Termination

1. If service suspension extends beyond contract term, the Service Provider may permanently terminate the contract.
2. Reactivation post-termination requires meeting account opening requirements and signing a new agreement.
3. Service may be terminated or suspended by the Service Provider upon notice from judicial or executive authorities.
4. Either party may terminate the Contract due to the other’s material breach or harmful actions.
5. You may terminate with 30 days written notice and bear any termination-related monthly fees.
6. If Merchant breaches terms or poses risk (e.g., illegal products or IP infringement), immediate suspension may occur. The Service Provider ensures communication regarding disputes within 5 working days including ticket ID, problem description, resolution timeline, and acceptance decision with reasons.
7. Disputes must be settled amicably within 30 days of statement issuance. Unobjected fees within 30 days are considered accepted.
8. Disputed fees must be promptly investigated. Disputes do not excuse payment. If resolved in Merchant’s favor, overpaid fees will be refunded.
9. Under certain conditions (e.g., refund requests, suspected fraud, invalid transaction, high credit risk, discrepancies, or compliance needs), the Service Provider may hold, decline, cancel, or settle a transaction to Merchant account.
10. You must be notified of payment order rejection with reasons and correction guidance in a timely manner.

Article Fourteen – Fines

The Service Provider may charge a fine of 200 SAR per chargeback dispute under these circumstances:

1. Failure to comply with Article Ten.
2. A dispute resulting in a lost chargeback claim.
3. Failure to respond with purchase information within 2 working days of inquiry.
4. Incorrect claim of unauthorized purchase.
5. Accepted dispute by cardholder regarding transaction, quantity, delivery, quality, or service.
6. Violation of Agreement provisions or applicable law in KSA.

Article Fifteen – Indemnification

You hereby indemnify and hold us harmless from and against any losses, damages, costs, liabilities, and expenses (including legal expenses and settlement amounts) resulting from your breach of any provision of these Terms and Conditions.

Article Sixteen – Waiver

You may not assign any of your rights and obligations to another party without prior written consent from the Service Provider. You are liable for compensation for any damage caused to the Service Provider due to your actions.

Article Seventeen – General Provisions

1. Any disputes arising from these terms are subject to the jurisdiction and laws of the Saudi Arabian courts.
2. If any provision is unlawful or invalid, it will not affect the remaining provisions, which will remain in effect.
3. Terms are available in Arabic and English; in case of discrepancy, the Arabic version prevails.
4. These Terms and Conditions and their appendices reflect the full understanding and supersede any prior agreements.
5. Force majeure excuses performance temporarily, up to 30 days, after which the unaffected Party may terminate the Contract with written notice.
6. The affected Party must notify the other immediately of the nature, start, duration, and impact of force majeure.
7. The affected Party must mitigate inability as much as possible with reasonable care.
8. After 30 consecutive working days of force majeure, the unaffected Party may terminate the Contract.
9. Notice must be confirmed in writing as soon as possible.
10. All communications must be in writing and delivered in person, via courier, or via email.
11. These terms benefit you and us only, and do not confer rights to third parties.
12. You may not use the Service for illegal purposes or in violation of IP laws. The Service Provider may deactivate accounts violating these terms.

Article Eighteen – The Service Provider Rights

1. The Service Provider may modify or terminate the service at any time without notice.
2. Service activation may be refused to any individual at its discretion if content is unlawful, abusive, sexual, or IP-infringing.
3. Verbal or written abuse toward staff or clients may result in immediate account termination.
4. The Service Provider may serve competitors as clients without disclosing confidential information.
5. In ownership disputes, documents may be requested (e.g., business license, ID card, card digits).
6. The Service Provider may determine rightful account ownership, suspend accounts until resolution via legal means.

Article Twenty – Information Security and Protection of Your Privacy

1. All information exchanged during payment services is encrypted via SSL for confidentiality.
2. 3D Secure identity verification has been implemented to enhance security for clients.
3. Data access is limited to authorized employees with operational need.
4. No third party is given your information except as required by applicable regulations in KSA.

Article Twenty-One – Technical Support and Complaints Handling

The Service Provider offers technical support, which you can access through phone or listed contact methods:

• Online payments
• Invoices

Support includes access to documentation and API guides via their platform.