1. DEFINITIONS AND INTERPRETATION

• 1.1 In this Terms and Conditions, unless otherwise specified, the expressions set forth below will have the following meanings:
  • 1.1.1 "Terms and Conditions" means this terms and conditions duly executed by the Parties and includes all Schedules, the Merchant Application Form, and such other written addendums or amendments as may be executed by Paymob.
  • 1.1.2 "Authorization" means the electronic process by which a Payment Transaction is transmitted by Paymob for approval, referral, or decline, to the Issuer or any Card Association.
  • 1.1.3 "Bank Account" means the Merchant bank account opened and held by the Merchant with any bank in KSA in the name of the Merchant as specified in the Merchant Application.
  • 1.1.4 "Best Practice Guide" means the operational guide available on each individual Card Association’s official website which contains the necessary instructions, rules and regulations in connection to each Card Association as may be amended from time to time at the sole discretion of each of the Card Association.
  • 1.1.5 "Business Day" means any day excluding (i) Friday and Saturday; and (ii) any day that is a legal holiday in the KSA or a day on which governmental institutions in the KSA are authorized or required by law or other governmental action to be closed.
  • 1.1.6 "Card" means an integrated-circuit card and/or magnetic stripe credit, debit, or prepaid card which has a CVV (Card Verification Value) number either at the front or back of the Card issued to a Cardholder by an Issuer which shall include any subsequently issued, renewed or replaced card (or account number issued by an Issuer) which can be used to purchase goods and/or services from merchants.
  • 1.1.7 "Card Association/Card Scheme" means any Card licensing company which has granted a E-commerce acquiring license to Paymob, which shall include but not be limited to one or more of the following: Visa, MasterCard and American Express.
  • 1.1.8 "Cardholder" means a person in whose favor a Card has been issued by any Issuer and includes any person whose name is embossed on the Card and who is authorized to use the Card.
  • 1.1.9 "Card Verification Value code" means CVV, (CVV2 for Visa, CVC2 for MasterCard and CID for AMEX) and is the three- or four-digit number located either on the front or back of a Card.
  • 1.1.10 "Chargeback" means a Payment Transaction that an Issuer returns to Paymob, and which is disputed by Cardholder or the Issuer.
  • 1.1.11 "Chargeback Window" means the permissible period between a Payment Transaction and the date of a dispute raised by the Cardholder, or the Issuer as defined by the Card Association rules.
  • 1.1.12 "Confidential Information" means all technical and non-technical information supplied by Paymob to the Merchant in connection with this Terms and Conditions and all related processes and information, whether tangible or electronic, including financial, technical, business, operational, administrative, marketing, planning, development, trade secrets, software, systems, data, drawings, models, photographs, samples, or other materials. Information related to Cards, DCC Services, or any Payment Transaction shall also be considered Confidential Information.
  • 1.1.13 "E-Commerce Services" means providing Merchants with the capability to participate in transactions on the internet, mobile application and any such card-not-present acceptance channel as part of an e-commerce gateway.
  • 1.1.14 "Equipment" means the software which are to be provided by Paymob and/or its duly authorized agents to the Merchant as part of the Merchant Services.
  • 1.1.15 "EMV Card" means Cards issued as per standards of EMV Co, a global standard for inter-operation of integrated circuit (IC) cards and IC card capable point of sale (POS) terminals and automated teller machines (ATMs).
  • 1.1.16 "Fees" mean all actual fees, costs, expenses, levies, or taxes charged in connection with the Merchant Services as agreed upon in the Merchant Application Form or as otherwise stipulated in this Terms and Conditions.
  • 1.1.17 "Floor Limit" means the maximum value permitted for the Merchant to accept for a single Payment Transaction without obtaining Authorization.
  • 1.1.18 "Force Majeure Event" means any act of God, war, terrorism, labor dispute, utility failure, government action, or any cause beyond the reasonable control of either Party.
  • 1.1.19 "Intellectual Property Rights" means all patents, inventions, know how, trade secrets and other confidential information, registered designs, copyrights, database rights, design rights, rights affording equivalent protection to copyright, database rights and design rights, trademarks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items, rights in the nature of any of the aforesaid items in any country or jurisdiction, rights in the nature of unfair competition rights and rights to sue for passing off.
  • 1.1.20 "Issuer" means a bank, financial institution or other company which issued the Card to the Cardholder with the prior approval/permission of the respective Card Association.
  • 1.1.21 "Merchant Application Form" means an application form executed by the Merchant to request Paymob to provide the Merchant Services and shall form an integral part of this Terms and Conditions, either in an electronic form or a non-electronic form.
  • 1.1.22 "Merchant Services" / "Services" means collectively the Payment Transactions, e-commerce or any other such services related to Payment Transaction provided by Paymob to the Merchant as described in this Terms and Conditions.
  • 1.1.23 "Merchant Transaction" means a transaction made by the Merchant to complete a Payment Transaction following an Authorization.
  • 1.1.24 "Party" means the Merchant or Paymob, as the context requires, and “Parties” shall mean both Merchant and Paymob.
  • 1.1.25 "Pre-Authorization" means an electronic process used by the Merchant to block or freeze certain funds on the Card for subsequent Payment Transaction.
  • 1.1.26 "Payment Client" shall have the meaning as set out in Clause 9 of this Terms and Conditions.
  • 1.1.27 "Payment Transaction" means an authorized transaction made by the Cardholder using the Card to pay for goods and/or services supplied by the Merchant.
  • 1.1.28 "PCI-DSS" means the Payment Card Industry Data Security Standard as declared by the Payment Card Industry Data Security Council (“PCI SSC”) from time to time.
  • 1.1.29 Personal Data Protection Law “PDPL” Royal Decree No. (M/19) dated 09/02/1443AH, its related amendments on the Protection of Personal Data and its Executive Regulations.
  • 1.1.30 "Paymob" Paymob Information Technology L.L.C, a KSA company incorporated and registered under the laws of KSA under register number 1010866113, located at Office building No. 3273, Anas Bin Malik St., Al Sahafah District Secondary No. 8369, Postal Code: 13321, Riyadh, KSA.
  • 1.1.31 "Paymob Materials" means all software and any other information provided by Paymob to the Merchant in the course of providing the Merchant Services.
  • 1.1.32 "Recovery Bulletin" means a bulletin issued and updated by Card Association from time to time and which includes details of Cards which shall be recovered from their holders as result of being lost, stolen, forged, or otherwise illegally held.
  • 1.1.33 "Refund Voucher" means a credit note issued by Paymob confirming refund of the actual Payment Transaction to the Bank Account.
  • 1.1.34 "Representatives" means, in relation to the Merchant, its officers, directors, employees or owners who are authorized to act for and on behalf of the Merchant.
  • 1.1.35 "Sale/Payment Proceeds" means any and all funds resulting from the successful and error free completion and settlement of any Payment Transaction.
  • 1.1.36 "Term" shall have the meaning as set out Clause 2 of this Terms and Conditions.
  • 1.1.37 "Third Party" means any person or entity which is not a Party to this Merchant Agreement, and the term “Third Parties” shall be construed accordingly.
  • 1.1.38 "KSA" means the Kingdom of Saudi Arabia.
  • 1.1.39 "VAT" means: (a) any tax imposed pursuant to Royal Decree No. (M/113) dated 2 Dhul-Qi‘dah 1438AH, as amended by Royal Decree No. (M/52) dated 28 Rabi‘ al-Akhir 1441AH and Royal Order No. (A/638) dated 15 Shawwal 1441AH; and (b) any other tax of a similar nature, whether imposed in the Kingdom of Saudi Arabia in substitution for, or in addition to, such tax.
  • 1.1.41 "VEPS" or "Visa Easy Payment Service" means a program developed and provided by one of the Card Associations (Visa) for a faster and easier payment process of certain low value payments.
  • 1.1.42 "Undertaking Party" refers to a party or entity that provides a formal commitment or promise to carry out a specific action or fulfill certain obligations.
  • 1.2 In this Terms and Conditions the following rules of interpretation shall apply:
    • 1.2.1 Words importing the singular are deemed to include the plural and vice versa.
    • 1.2.2 Words importing a gender shall include each gender.
    • 1.2.3 Headings have been inserted in this Terms and Conditions for the purpose of guidance only and shall not be part of this Terms and Conditions.
    • 1.2.4 “Including” and similar words shall not be read as words of limitation. “Writing” includes words or data displayed in an electronic medium. References to any document (including this document) are references to that document as amended, consolidated, or supplemented from time to time.
    • 1.2.5 A reference to something being done within a number of hours or minutes shall be construed as the relevant number of hours or minutes in a Business Day.
    • 1.2.6 A reference to “week”, “weekly”, “month”, “monthly”, “year” and “yearly” and any other references in time shall be construed by reference to the Gregorian calendar.

2. TERM AND TERMINATION

• 2.1 This Terms and Conditions shall commence on the date of the Merchant acceptance on this Terms and Conditions in accordance with clause 14 of this Terms and Conditions and shall remain in force until terminated in accordance with this Terms and Conditions (“Term”).
• 2.2 Either Party may terminate this Terms and Conditions with or without any cause by providing the other Party not less than thirty (30) calendar days’ prior written notice of termination.
• 2.3 Notwithstanding Clause 2.2, Paymob shall have the right to terminate this Terms and Conditions at any time without having to assign any reason by giving the Merchant written notice of at least thirty (30) days.
• 2.4 Without prejudice to other rights and notwithstanding Clause 2.2 and of this Terms and Conditions, Paymob shall have the right to terminate this Terms and Conditions with immediate effect by written notice to the Merchant (and to claim for any resulting losses and expenses) if the Merchant:
  • 2.4.1 Commits a breach of a material condition of this Terms and Conditions and fails to remedy the breach within fifteen (15) days of a written notice from Paymob; where the material breach is incapable of remedy the requirement of notice period shall not apply;
  • 2.4.2 There is a change in applicable regulations in KSA which materially adversely affects the ability of the Parties to perform their obligations under this Terms and Conditions;
  • 2.4.3 Commits any act which in the opinion of Paymob is considered as an act of deception, breach, scam, dishonesty, fraud, intentional misrepresentation, or an act that would result in significant losses or damages to Paymob; or
  • 2.4.4 Ceases operations, commits an act of bankruptcy, is adjudicated bankrupt, enters liquidation (whether compulsory or voluntary) other than for the purpose of an amalgamation or reconstruction, makes as arrangement with its creditors, petitions for an administration order, has a receiver or manager appointed over all or any part of its assets or generally becomes unable to pay its debts.
  • 2.4.5 In the event of a Cyber Security breach or non-compliance with security standards that may affect Paymob infrastructure, immediate action must be taken to mitigate any potential damage and ensure compliance with all relevant security protocols.
• 2.5 The termination of this Terms and Conditions shall not affect the rights and obligations engaged in by Parties before termination date which will be performed prior to termination and according to this Terms and Conditions. Certain obligations imposed on the Parties under this Terms and Conditions shall survive the expiration or termination of the Terms and Conditions as per the specific terms stated within this Terms and Conditions.
• 2.6 Upon termination of this Terms and Conditions, each Party shall, from the date of termination:
  • 2.6.1 Immediately cease to use the name or logo of the other Party in any communication/correspondence; and
  • 2.6.2 Make all balance payments due if any under this Terms and Conditions outstanding on the date of termination.
• 2.7 The Merchant authorizes Paymob to retain any amounts subject to objections or disputes notified by any Card Scheme for up to 120 days. Paymob reserves the right to retain disputed or questionable amounts for 120 days in the event of service termination under these Terms and Conditions. The retention period may be extended depending on the investigations conducted, and Paymob is obligated to notify the Merchant if the retention period exceeds 120 days.

3. FORCE MAJEURE

• 3.1 Should any Force Majeure Event delay the performance by Paymob of its obligations under this Terms and Conditions, Paymob shall notify the Merchant in writing within seven (7) days of such event.
• 3.2 Upon the occurrence of a Force Majeure Event, Paymob’s duty to perform its obligations under this Terms and Conditions shall cease until such Force Majeure Event has been remedied and Paymob shall not be liable for any non-performance during such time.
• 3.3 Should a Force Majeure Event delay the performance of the Merchant Services for a period of three (3) months or longer, Paymob may elect to terminate this Terms and Conditions immediately by providing written notice to the Merchant.

4. GOVERNING LAW AND JURISDICTION

• 4.1 The terms of this Terms and Conditions shall be governed by, and construed in accordance with, the local laws of the KSA.
• 4.2 The Parties hereby irrevocably agree that the courts of Riyadh, Kingdom of Saudi Arabia shall have jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes, which may arise out of or in connection with this Terms and Conditions and, for such purpose, irrevocably submit to the jurisdiction of Riyadh courts.
• 4.3 Nothing in this Terms and Conditions shall limit the right of Paymob to commence any legal action against the Merchant in any other jurisdiction.

5. ASSIGNMENT

• 5.1 The Merchant shall not assign, transfer or otherwise deal with any of its rights or obligations under this Terms and Conditions, or sub-contract the performance of any of its obligations under this Terms and Conditions without the prior written consent of Paymob.
• 5.2 Paymob shall be entitled, in its sole discretion, to subcontract its obligations under this Terms and Conditions to a third party.
• 5.3 Any subcontractor, appointed by Paymob in accordance with this clause, shall have the express right to benefit from and enforce the terms of this Terms and Conditions as if it were a party to this Terms and Conditions.
• 5.4 Except as otherwise stated in this Clause, a person who is not a party to this Terms and Conditions shall have no right to enforce any terms of this Terms and Conditions.

6. NOTICES AND RIGHT TO AMEND

• 6.1 Any notice or other communication to be served under or in connection with this Terms and Conditions shall be made in writing and, unless otherwise stated, served in person or by post or any electronic method of communication approved by Paymob to the relevant party at its address shown in the Merchant Application or such other address notified by it to the other Party.
• 6.2 Any notice or other communication served by post will, unless otherwise stated, be effective five (5) Business Days after being deposited in the post postage prepaid in an envelope addressed to it at that address or on delivery if delivered personally or by courier to the relevant address. Any communication or notice to Paymob by electronic method will be effective only when received in readable form and if addressed in the manner specified by Paymob for this purpose.
• 6.3 Any notice given under or in connection with this Terms and Conditions shall be in English. Paymob may upon giving a thirty (30) days’ prior written notice to the Merchant, amend the Terms and Conditions. A shorter notice may be given if required by Applicable Law, Regulator or Card Associations to give effect to the change.
• 6.4 The amendments and/or updated Terms and Conditions applicable from time to time or in case of shorter notice requirements stated above, shall be posted at our website or at your merchant portal (as applicable).
• 6.5 Notice of any changes may be given by sending an email and/or SMS or any electronic method to the Merchant in accordance with our records, or by placing the message on merchant portal, or through other reasonable means. The Merchant confirms that it has high speed internet access, and the email id is a valid official email account to receive notices, communications and information relating to this Terms and Conditions.
• 6.6 A notice sent by Paymob to the Merchant’s e-mail provided by the Merchant, shall be deemed to have received by the Merchant upon its delivery to the email on record. The Merchant is obliged to inform us in writing of any changes to the Merchant’s e-mail address or mobile number or any contact details provided to Paymob reasonably in advance, and the Merchant assumes sole liability for the Merchant’s non-receipt of a notice of a change or amendment to the Terms and Conditions in the event that the Merchant has failed to inform us of a change in the Merchant’s e-mail address.
• 6.7 The Merchant’s continued use of the Services, API, or Data after a change or amendment or removal has taken effect, constitutes the Merchant’s acceptance of the amended Terms and Conditions.

7. WAIVER

• 7.1 No failure to exercise, nor any delay in exercising, on the part of either Party of any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
• 7.2 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

8. RELATIONSHIP BETWEEN THE PARTIES

• 8.1 Nothing contained in this Terms and Conditions will be deemed to create an employment, association, partnership, joint venture, agency or other relationship between the Parties.
• 8.2 Neither Party may make any decisions on behalf of the other or commit the other Party to obligations.

9. SEVERABILITY

• 9.1 In the event that any provision of this Terms and Conditions is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Terms and Conditions and this Terms and Conditions shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.

10. CONFIDENTIALITY

• 10.1 The Merchant agrees to, and shall, keep all information relating to or arising out of this Terms and Conditions (“Confidential Information”) confidential and shall not disclose such Confidential Information to any person except as expressly contemplated herein. In this event the Merchant is obliged by law to disclose any Confidential Information it shall promptly inform Paymob of the same and comply with the reasonable requests of Paymob to ensure its confidential treatment of any disclosure.

11. INDEMNITY AND LIABILITIES

• 11.1 Merchant at all times indemnifies and shall keep indemnified Paymob, its respective directors, officers, employees, and agents, against all losses, claims, damages, costs, expenses and liabilities arising out of or in connection with:
  • 11.1.1 The performance of services under this Terms and Conditions and/or in relation to any Payment Transaction, Chargeback, Refund, or reversals made by the Merchant.
  • 11.1.2 Any failure by the Merchant to observe or abide by its obligations under the Terms and Conditions and in particular breach of any Intellectual Property Rights and/or the operation guide.
  • 11.1.3 Any security breach or loss of data/transaction data held by Merchant and any breach of PCI-DSS by Merchant or any of its appointed Third-Party vendors, sub-contractors or agents.
  • 11.1.4 The Card Associations Rules and fines and levies or any other fee or penalty of any nature levied by a Third party against Paymob in relation to the Payment Transaction.

12. AUDITS AND RECORDS

• 12.1 The Merchant shall keep and maintain appropriate books and records in relation to the Merchant Services in accordance with generally accepted cash accounting principles. Such books and records should reflect all Payment Transactions processed by the Merchant using the Merchant Services.
• 12.2 The Merchant shall grant to Paymob and any of its agents or subcontractors (or their duly authorized representatives) the right of access to any of the Merchant’s premises, employees and/or records, to the extent relevant to the receipt of the Merchant Services, as Paymob and any of its agents or subcontractors may reasonably require during normal business hours in order to:
  • 12.2.1 Verify that the Merchant is complying with the terms of this Terms and Conditions.
  • 12.2.2 Identify suspected fraud or accounting mistakes; and inspect any assets in the Merchant’s possession or control as may reasonably be relevant for the purposes.
• 12.3 Any audit, investigation or monitoring undertaken in accordance with this Clause, shall be subject to Paymob providing at least fifteen (15) days’ notice of any audit, including terms of reference, it intends to carry out pursuant to these provisions unless such audit is required for reasons of suspected fraud.

13. ENTIRE AGREEMENT

• 13.1 This Terms and Conditions constitutes the whole and only agreement and understanding between the Parties in relation to its subject matter.
• 13.2 All previous agreements, understandings, undertakings, representations, warranties, and arrangements of any nature whatsoever between the Parties with any bearing on the subject matter of this Terms and Conditions are superseded and extinguished (and all rights and liabilities arising by reason of them, whether accrued or not at the date of this Terms and Conditions, are cancelled) to the extent that they have such a bearing save in the case of fraudulent misrepresentation.

14. ELECTRONIC SIGNATURE

• The Parties agree that this Terms and Conditions may be signed and/or transmitted by email (which may include an original or scanned .pdf document) or electronic signature (e.g., DocuSign or similar electronic or digital signature technology) or by accepting the Terms and Conditions on Paymob website or Paymob application, and thereafter maintained in an electronic form, and that such electronic record shall be valid and effective to bind the Party to signing as a paper copy bearing such Party’s hand-written signature. The Parties further consent and agree that the electronic signatures appearing on this Terms and Conditions shall be treated, for purpose of validity, enforceability and admissibility, the same as hand-written signatures.

1. PURPOSE

• Paymob provides all services to the Merchant in accordance with the Terms and Conditions, the below terms and conditions are meant to govern the commercial and business relationship between the Parties in relation to the services. Merchant agrees to comply with these Terms and Conditions as may be updated from time to time by Paymob.

2. SERVICES

As described in the forms attached to this Terms and Conditions.

3. OPERATION

• 3.1 The Merchant agrees and undertakes to:
  • 3.1.1 pay Paymob the Fees/Commission due on each Payment Transaction made by Payment Gateway at the rates listed out on Paymob website www.paymob.sa/pricing or in the Merchant Application Form.
  • 3.1.2 Paymob reserves the right to revise the Fees from time to time and shall notify the Merchant of such revision.
  • 3.1.3 The Fees do not include any taxes now in effect or thereafter levied for any reason. The Merchant shall be liable for all such taxes, unless otherwise agreed in writing by the Parties. All amounts expressed to be payable under this Terms and Conditions by the Merchant to Paymob which (in whole or in part) constitute the consideration for any taxable supply for VAT purposes are deemed to be exclusive of any VAT which is chargeable on that supply. Accordingly, the Merchant shall be liable for any taxes (including but not limited to VAT) payable in connection with or arising out of this Terms and Conditions.

4. MERCHANT OBLIGATIONS

• 4.1 The Merchant acknowledges and agrees to use Merchant Services in accordance with the provisions of this Terms and Conditions. Unless otherwise notified by Paymob, the Merchant shall accept the Card types set out in Merchant Application as the payment method for the goods and/or services.
• 4.2 Merchant agrees to display, announce, and inform its customers of its acceptance of the Cards as the payment method for the sale of its goods and/or services.
• 4.3 Merchant agrees to display on its premises (including on its website, mobile application and all other such Card acceptance channels) suitable signs and information to indicate its acceptance of the Cards.
• 4.4 The Merchant undertakes to provide all necessary (personal or corporate) documents and information that are correct and valid for use, and commitment to update the data on an ongoing basis. The Merchant will be responsible for the consequences arising from any error in the documents or information provided by the Merchant.
• 4.5 The Merchant agrees and undertakes to repay to Paymob, on demand, all fines, assessments, charges, etc. imposed on Paymob by the Card Associations as a result of or in connection with Payment Transaction requests initiated or made by the Merchant.
• 4.6 The Merchant agrees and undertakes not charge or seek to recover from Paymob any amount charged back to the Merchant or for any Refund Vouchers.

5. CONVENANTS

• 5.1 The Merchant hereby covenants as follows:
  • 5.1.1 To establish a fair policy for the exchange or return of goods purchased pursuant to or by virtue of Payment Transaction requests and shall give credit upon each such return, not in cash but by means of Refund on the same Card.
  • 5.1.2 Not to refuse to exchange or return goods or services because they were originally purchased by Card.
  • 5.1.3 Exert its best endeavors to assist Paymob in preventing and detecting fraud. In this respect the Merchant undertakes to inform Paymob as soon as reasonably practical, of any fraudulent activity of which the Merchant becomes aware or any such activity which, in the opinion of the Merchant, is fraudulent, constitute a mis-presentation or other illegal activity in relation to card.
  • 5.1.4 To abide by and fully comply with applicable Card Associations rules and regulations in connection to PCI DSS, and Mastercard Business Risk Assessment and Mitigation (BRAM) Program and the Visa Integrity Risk Program (VIRP) and notify Paymob as soon as the Merchant becomes aware of any actual or suspected breach of any such rules or standards. For this purpose, if the Merchant engages in one or more of the following practices, it will be treated as noncompliant with BRAM/VIRP:
    • 5.1.4.1 Make an aggregate payment transaction for multiple content suppliers.
    • 5.1.4.2 Submit payment transactions for or on behalf of a Third Party (i.e. other business entities).
    • 5.1.4.3 Submit a payment transaction that may, in the sole discretion of the Cards Associations, damage the goodwill or reflect negatively on the Card Association’s brand.
  • 5.1.5 To notify Paymob of any sale, restructuring, acquisition, merger, or any other material change in the nature or size of its business; and To make any use of the mark or logo of Paymob or the Card Associations that would infringe any rights held by the Paymob or the Card Associations or otherwise use the mark or logo of the cards in such a manner as to create the impression that Merchants goods and services are sponsored, produced, affiliated with, offered, or sold by Paymob or any of the Card Associations.
• 5.2 Except as expressly authorized by Paymob in writing neither the Merchant nor any of its representative shall have any power:
  • 5.2.1 To bind, make any commitment or give any instructions on behalf of Paymob.
  • 5.2.2 To borrow on behalf of Paymob or in any way.
  • 5.2.3 To enter or to conclude any contract on behalf of Paymob.
• 5.3 Paymob reserves the right to recover any fines or penalties imposed by Card Associations and other Regulatory bodies levied on Paymob in lieu of Payment transactions processed by the Merchant on Paymob E-Commerce Platforms or by directly debiting Merchant bank account.

6. PAYMENT TRANSACTION

The Merchant shall accept the Cards in making Payment Transactions for the sale of all goods and/or services offered by the Merchant without any differentiation and in strict adherence to this Terms and Conditions.

• 6.1 No Payment Transaction shall be made other than for the sale of goods and/or services in accordance with the course of the Merchant’s licensed business and the applicable Laws.
• 6.2 The Merchant under no circumstances shall keep any minimum or maximum value for a Payment Transaction irrespective of the value of goods/services being offered to the cardholder.
• 6.3 The Merchant shall not accept a Payment Transaction, which is made by any representative to advance cash to the Cardholder (unless specifically authorized by Paymob in writing) to refinance a debt of the Merchant any Representative or any Cardholder, to debit any additional charge, surcharge, bank charge or any other charge which is not related or considered as additional commission in connection to accepting Cards as payment method; or for goods which are not sold or for services which are not rendered to the Cardholder.
• 6.5 Any incorrect Payment Transaction done by the Merchant that requires giving credit to the Cardholder shall be sent to Paymob to initiate a sale reversal/refund. If, as a result of such incorrect Payment Transaction any losses or expenses are incurred by Paymob, the actual losses or expenses shall be debited to the future Card Transaction Settlement Proceeds. In case of any cancellation or return of the goods and/or services by the Cardholder who purchased such goods and/or services with the Card from the Merchant, the Merchant shall use the Card originally presented as the mode of refund for such cancelled or returned goods and/or services. In exceptional circumstances the Merchant may use any other authorized mode of refund as advised by Paymob for goods which are not sold or for services which are not rendered to the Cardholder. To the extent applicable for its business, the Merchant agrees to abide by the following obligations with respect to initiating and processing the Payment Transactions:
  • 6.5.1 If Payment Transaction is not to be made at the time of contracting for services, Merchant shall request Pre-Authorization to withhold the necessary funds on the Card to cover the anticipated services.
  • 6.5.2 For the purpose of Pre-Authorization, Merchant shall estimate the value of the Payment Transaction which would be concluded for the entire services to be rendered on the basis of:
    • 6.5.2.1 The type and duration of the services as may be anticipated at the time of contracting.
    • 6.5.2.2 The estimated pricing for such services during the intended period.
  • 6.5.3 The Merchant shall inform the Cardholder of the amount for which the Pre-Authorization was obtained at the time of contracting and the Merchant shall record the date, the amount and the Pre-Authorization approval code received or obtained on the record as the case may be.
  • 6.5.4 At the completion of its services, and in order for the Merchant to complete a Payment Transaction on the basis of the earlier Pre-Authorization, the Merchant shall process a Merchant Transaction for value not exceeding ten (10%) percent of the funds booked through Pre-Authorization or any such threshold agreed in writing between Paymob and the Merchant. The approval code entered by the Merchant for Merchant Transaction must be the same as the one obtained in the Pre-Authorization.
  • 6.5.5 The Merchant shall not alter the term of its services or the underlying Terms and Conditions with the Cardholder without obtaining the consent of the Cardholder.
  • 6.5.6 If necessary, the Merchant may obtain Pre-Authorizations for additional amounts (not cumulative of previous amounts) at any time during its services offering. It is understood that Pre-Authorization for additional funds may be necessary if the value of the services to be rendered exceeds or would exceed the sum of the funds pre-Authorized by more than ten (10%) percent or any such threshold agreed in writing between Paymob and the Merchant.
  • 6.5.7 No Payment Transaction shall be made for additional/excessive services or other ancillary charges unless such provision of charges is agreed by the Cardholder. For the purpose of this Terms and Conditions, additional charges shall be limited to only traffic fines, other traffic violations, room rentals, food, beverages, taxes, rental, and fuel. The Merchant must not charge for damage or loss, or theft of goods and/or services and the Merchant shall obtain written acceptance of the Cardholder to such additional charges at the time of completion of the services. The Merchant shall process Payment Transactions for additional charges approved by the Cardholder within ninety (90) days from the date the services are completed. Record used as a result of Payment Transaction for additional services may not be accepted unless noted with statement advising Cardholder consent is obtained such as: “SIGNATURE ON FILE” or otherwise.
  • 6.5.8 Payment Transaction in relation to additional charges may, if approved by Cardholder, be presented within ninety (90) calendar days from the date of last Payment Transaction. The record for such additional charges may be deposited within described period above, without the Cardholder signature, provided that the Merchant has already obtained the Cardholder signature on the file, and the words “SIGNATURE ON FILE” are entered on the signature panel of the record.
  • 6.5.9 Merchants engaging in vehicle rental services shall (if applicable):
    • 6.5.9.1 Retain for five (5) years the signed vehicle lease agreement; the record; and the related traffic fines issued during the services.
    • 6.5.9.2 Not, unless agreed by the Cardholder, include charges representing vehicle insurance deductible / contributions, sum to cover potential damages when insurance coverage is waived at the time of renting the vehicle, traffic fines, taxes, maintenance cost, fuel compensation or other similar charges.
    • 6.5.9.3 Provide Paymob with a copy of the Merchant’s insurance policy, if the Cardholder pays insurance deductible for damage.
    • 6.5.9.4 Provide Paymob with copy of an official accident report if the cost of repairing vehicle damage is to be charged to the Cardholder, along with an estimate by competent vehicle repair workshop and such other documents evidencing Cardholder consent to assume such charges.

7. SETTLEMENT AND PROCEEDS

• 7.1 Sale/Payment Proceeds will be paid to the Merchant on the next Business Day after receiving details of the Payment Transaction by the respective Card Association.
• 7.2 All Sale/Payment Proceeds shall be credited to the Bank Account in the manner and at the settlement frequency selected in the Merchant Application Form.
• 7.3 The Merchant hereby authorizes Paymob at its sole discretion to withhold settlement in part or in full, in case of non-conforming, suspicious, or irregular transactional activity (in the reasonable opinion of Paymob).
• 7.4 The Merchant hereby authorizes Paymob to deduct from the Sale/Payment Proceeds:
  • 7.4.1 The applicable Fees/charges;
  • 7.4.2 Any additional actual payment amount made by Paymob as a result of any failure or error in the system or pursuant to negligence, misconduct, or fraudulent act;
  • 7.4.3 Any other actual payment amount which is mistakenly or wrongfully received by the Merchant pursuant to negligence, misconduct, or fraudulent act of the Merchant.
• 7.5 The Merchant hereby authorizes Paymob to withhold or deduct from the Sale/Payment the amount of any Chargeback and agrees to fully indemnify Paymob if the settlement amount is not sufficient to meet the Merchant’s financial obligations arising out of such Chargeback, that may be imposed on Paymob by any Card Associations or competent authority in connection to Payment Transactions made by the Merchant.
• 7.6 Any settlements pursuant to this Clause are subject to verification and audit by Paymob and in case of any inaccuracies, Paymob is hereby authorized to debit, hold or credit the Payment Proceeds for any deficiencies or overages or invalid records.
• 7.7 The Merchant shall retain the records and related sale invoices for a period of five (5) years from the date each relevant Payment Transaction is completed.
• 7.8 Upon receiving a written request in advance by Paymob, Merchant shall grant Paymob (or its duly authorized representative) the right to access any of the Merchant’s premises, employees and/or records, during normal business hours to the extent relevant to access or investigate any Payment Transaction as Paymob may reasonably require.

8. ONLINE TRANSACTIONS

• 8.1 The Merchant shall install and maintain the software that connects the Merchant to payment gateway application through an information technology known as “Secure Socket Layer” (“Payment Client”) which is provided, updated, or otherwise revised by Paymob.
• 8.2 The Merchant hereby acknowledges and agrees that Payment Client shall be used in the manner and according to the instructions provided or communicated by Paymob from time to time.
• 8.3 The Merchant shall choose an acquiring mode for accepting online Payment Transactions:
  • 8.3.1 If Paymob hosted secured page is used as a channel for accepting online Payment Transaction then Card details will not be disclosed to the Merchant as Paymob, or its Payment Gateway Service providers will store and maintain such data;
  • 8.3.2 If Merchant hosted payment page is used, Merchant must provide PCI DSS certification evidence for Level 1 attestation. The Merchant accepts full responsibility for storing and protecting the Cards and the Cardholder Information in a manner which is compliant with PCI DSS requirements and as may be decided by Paymob from time to time.
• 8.4 The Merchant shall provide Cardholders a receipt with the following info:
  • 8.4.1 Merchant name and online address.
  • 8.4.2 Payment Transaction amount.
  • 8.4.3 Payment Transaction currency.
  • 8.4.4 Payment Transaction date and shipping date.
  • 8.4.5 Unique Payment Transaction ID.
  • 8.4.6 Authorization code.
  • 8.4.7 Description of good and/or services.
  • 8.4.8 Masked Card number.
  • 8.4.9 Expected delivery date, Delivery method and delivery address.
• 8.5 Merchant shall include in each online Payment Transaction the order reference number further to which the status of that Payment Transaction will be sent to the Merchant by Paymob or its Payment Gateway Service Providers quoting the order reference number used by the Merchant when initiating the Payment Transaction.
• 8.6 The Merchant shall include the following on its website:
  • 8.6.1 Information about the Merchant
  • 8.6.2 Complete description of goods and/or services provided.
  • 8.6.3 The Merchant’s terms and conditions of the purchase for the Goods and/or Services and provide “Click to Accept” to acknowledge policy.
  • 8.6.4 The Merchant’s refund/cancellation and return policy and provide “Click to Accept” to acknowledge policy.
  • 8.6.5 The Merchant’s contact information for customer service contact including electronic mail address, country of its domicile.
  • 8.6.6 Transaction currency export restrictions as applicable.
  • 8.6.7 Delivery policy.
  • 8.6.8 Logos of Cards accepted in the format authorized by Paymob.
  • 8.6.9 Other related tariffs and/or regulations.
  • 8.6.10 Security capabilities, data privacy and policy for transmission and storage of payment Card details.
• 8.7 The Merchant hereby authorizes Paymob to hold service codes with respect to the Merchant website used for initiating Payment Transactions.
• 8.8 The Merchant acknowledges that Paymob accepts no liability whatsoever arising out of or in connection to processing any Payment Transactions made online. For this purpose and for the purpose of complying with the applicable guidelines of the Card Associations, the Merchant agrees that Card Associations may hold the Merchant liable for any losses arising out of or in connection with Payment Transactions made online (including but not limited to those arising from the Master Card global merchant-only liability shift for interregional transactions) and that subsequently Paymob is hereby authorized to withhold from any Sales Proceeds or if the Sales Proceeds were already credited to the Merchant Bank Account, the Merchant then agrees to refund these Sales Proceeds and therefore authorizes Paymob to debit Merchant Bank Account.

9. CHARGEBACK AND DISPUTES

• 9.1 Paymob may withhold Sales/Payment Proceeds, the Merchant therefore authorizes Paymob to deduct such due amount directly from the Merchant Bank Account in relation to Payment Transaction even after termination of this Terms and Conditions, in any of the following circumstances:
  • 9.1.1 Payment Transaction is suspected to be fraudulent, disputed by the cardholder or requires to be refunded back to the Cardholder if chargeback is lost.
  • 9.1.2 Payment Transaction is found to be illegal upon investigation by Paymob.
  • 9.1.3 Authorization for a Card transaction is not obtained in accordance with the Merchant Terms and Conditions or as per Card Association rules.
  • 9.1.4 Payment Transaction data is issued or presented in violation of the procedures set out in this Merchant Terms and Conditions.
  • 9.1.5 The particulars inserted in the record are not identical with the particulars inserted in the copy given to the Cardholder.
  • 9.1.6 The Card relating to a Payment Transaction is not valid for any reason whatsoever including, but not limited to, forgery or expiry. The Payment Transaction is not authorized by the Issuer or the Cardholder or by the Card Associations.
  • 9.1.7 The record and other related documents are not provided or not sufficient/not in line with the Card Associations requirements to defend the chargeback.
  • 9.1.8 The Sales Slip is illegible.
  • 9.1.9 The Merchant is credited more than once for the same Payment Transaction.
  • 9.1.10 Goods or services were purchased with an altered or tampered Card.
  • 9.1.11 The Merchant fails to deliver the goods or services within the agreed time period with the Cardholder.
  • 9.1.12 The Merchant fails to present the daily sales batch to Paymob, within two (2) calendar days.
  • 9.1.13 The Cardholder returns, exchanges, or cancels the purchase of merchandise within the Merchant’s return, exchange and cancellation policy which was disclosed to the Cardholder at the time of the Payment Transaction.
  • 9.1.14 The Merchant has processed a fictitious Payment Transaction or has otherwise defrauded or attempted to defraud Paymob or the Cardholder.
  • 9.1.15 The Payment Transaction is for any reason illegal, null, or invalid.
  • 9.1.16 The Merchant has failed to comply with the terms of this Terms and Conditions or is otherwise in breach of any rule, instruction or procedure issued pursuant to this Terms and Conditions.
  • 9.1.17 The Merchant has done multiple Card Transactions for the same Cardholder or has split the payment into multiple Transactions.
  • 9.1.18 The Payment Transaction is, in Paymob’s sole opinion and absolute discretion, a suspicious Card Transaction.
  • 9.1.19 In respect of any Electronic Commerce Transaction, the Merchant has failed to deliver goods or services purchased or the goods received by the Cardholder have been damaged.
  • 9.1.20 An Electronic Commerce Transaction is authorized but does not meet the specification of a 3D Secure Transaction. In addition to any costs incurred by Paymob in withholding payment or charging back payment, the Merchant also agrees to pay all penalties or fines imposed upon Paymob by Card Associations due to non-compliance by the Merchant with such Card Association’s standard terms or regulations.
  • 9.1.21 Claims in relation to withheld payments under this Clause, if any, must be made within 7 (seven) Business Days from the date of the said Payment Transaction.
  • 9.1.22 In the event where there is any error, inaccuracy, fault or mistake in any of the payment transactions, incentive charges, any fees or financial amounts which Paymob may have paid in favor of the Merchant incorrectly, Merchant shall then refund these amounts to Paymob after Paymob provides the needed documentation which proves that this payment or transaction was faulted. If the Merchant refuses to refund the disputed amount Paymob reserves its right to directly deduct this amount from any due amounts in favor of the Merchant.
• 9.2 The Merchant authorizes Paymob to deduct any liabilities, losses, fees, costs or expenses or any other amounts payable by the Merchant to Paymob pursuant to this Terms and Conditions which shall include, without limitation, any arising as a result of incoming Chargebacks or a fraudulent confirmation received in relation to the Card Transaction processed by the Merchant.

10. INTELLECTUAL PROPERTY

• 10.1 The Merchant acknowledge that it is familiar with the names, logos, symbols and trademarks (collectively, the “Marks”) as published by Paymob and/or the Card Associations and agrees to display Card Associations names and service marks of the Card types accepted by the Merchant on mobile applications, and/or websites (as applicable). The Merchant’s use of the Marks must comply with the Card Associations rules and/or Paymob’s policies including those communicated by Paymob from time to time.
• 10.2 The Merchant agrees to prominently display standard decals, signs, service marks and other promotional materials as required by Paymob and/or the Card Associations.
• 10.3 The Merchant shall ensure that any display or Paymob of Card Association’s name, brand or logo shall be limited for the purpose of this Terms and Conditions to the extent permissible in accordance the guidelines and extent of Paymob stated under the Card Associations rules and as may be communicated by Paymob from time to time.
• 10.4 For avoidance of doubt, any limited use of Card Associations name, brand or logo by the Merchant under this Terms and Conditions shall not constitute grant of any license or rights of any nature whatsoever to the Merchant.
• 10.5 The Merchant shall ensure that any display and/or use of Paymob’s name, brand or logo shall not be without prior our written consent (including any press releases or public announcements) and upon receiving such consent from Paymob, the use of our name, brand or logo by the Merchant shall be limited for the purpose of this Terms and Conditions and to the extent permissible in accordance with our guidelines and extent use that is communicated by Paymob from time to time. For avoidance of doubt, any limited use of our name, brand or logo by the Merchant under this Terms and Conditions shall not constitute grant of any license or rights of any nature whatsoever to the Merchant.
• 10.6 The Merchant warrant that the Merchant shall not infringe upon our mark or logo and/or the Card Associations, nor otherwise use the mark or logo of Cards in such a manner as to create the impression that the Merchant’s goods or services are sponsored, produced, affiliated with, offered, or sold by Paymob and/or any of the Card Associations.
• 10.7 The Merchant hereby authorizes and grant Paymob the right to use the Merchant’s Intellectual Property for the limited purpose set forth in this Terms and Conditions including inclusion of the Merchant’s company name and logo in our reports, announcements and/or publications.

11. REPRESENTATIONS AND WARRANTIES

• 11.1 The Merchant hereby warrants, represents, and undertakes to Paymob that:
  • 11.1.1 It is a duly incorporated company or legal entity validly existing under the law of its jurisdiction of incorporation and has taken all necessary actions (corporate or otherwise) to authorize its entry into, to observe and perform its obligations under this Terms and Conditions.
  • 11.1.2 The execution of this Terms and Conditions, delivery and performance of the obligations contemplated by this Terms and Conditions do not and will not contravene or conflict with its constitutional documents, any existing contractual and/or legal obligations owed by the Merchant, or any agreement binding on its assets or result in a breach of any law, regulation, judgment, order.
  • 11.1.3 It has all requisite power, authority, licenses, and approvals to enter into and perform its obligations under this Terms and Conditions.
  • 11.1.4 In its capacity under this Terms and Conditions, it acts as a principal and for its own account and not as agent, fiduciary, advisor, or trustee or in any other capacity on behalf of any third party and has made its own independent decisions to enter into this Terms and Conditions and as to whether the Terms and Conditions is appropriate or proper for it based upon its own judgement and upon advice from such advisers as it has deemed necessary.
  • 11.1.5 It will at all times comply with all applicable laws and regulations (including but not limited to the laws of the KSA, regulations, circulars and notices and any amendments thereto);
  • 11.1.6 This Terms and Conditions is valid, legally binding, and enforceable against it in accordance with its terms.
  • 11.1.7 All Payment Transactions tendered to Paymob will represent the obligations of the Cardholders to the Merchant for bona-fide transactions in the amount set forth thereon for goods sold and/or Services rendered only.
  • 11.1.8 It shall establish a fair policy for the exchange of incomplete or illegible return of goods and/or services purchased pursuant by virtue of Payment Transactions and shall give exact credit upon each such return by means of Refund Vouchers only.
  • 11.1.9 It shall not make cash advances or withdrawals to any Cardholder.
  • 11.1.10 It shall notify Paymob of any sale, restructure, acquisition, merger, or any other material change in nature or size of its business.
  • 11.1.11 It shall not infringe upon the Intellectual Property Rights of Paymob or the Card Associations, nor otherwise use the mark or logo of Cards in such a manner as to create the impression that the Merchant’s goods and/or services are sponsored, produced, affiliated with, offered, or sold by Paymob and/or any of the Card Associations.
  • 11.1.12 It shall use its best endeavors to assist Paymob, if requested from time to time, in preventing or detecting fraud and undertakes to inform Paymob, as soon as reasonably practicable, of any fraudulent activity the Merchant becomes aware or any such activities which, in the opinion of the Merchant would involve fraud, misrepresentation or other illegal activities in relation to a Card.
  • 11.1.13 Not to sell, purchase, provide or exchange Card account number information in the form of Card transaction document, mailing lists, tapes, journal rolls, or other media obtained by reasons of a Card transaction to any third party.
  • 11.1.14 It must not request or use a Card account number for any purpose that it knows or should have known to be fraudulent or in violation of rules, operating regulations, procedure, or policies available or which are communicated by Paymob from time to time.
  • 11.1.15 It shall not sell, store, share, purchase, provide, or exchange Cardholder and Card information or account number information in any form to any third party other than Paymob or authorized personnel or pursuant to an official court order. The Merchant must keep all systems and media containing account information, Cardholder or Card information, Cardholder or Card transaction information in media form in a secure manner in alignment with PCI DSS requirements to prevent access by or disclosure to any third party other than Paymob. The Merchant must destroy in the appropriate manner all such media that will render unreadable which the Merchant no longer deems necessary to store.
  • 11.1.16 It shall ensure its Representatives do not have any criminal records.
  • 11.1.17 It shall keep copies of all Sales Slips and Sales Records for such time and in such manner as may be required by law, but in no event for less than five (5) years from the date of the Card Transaction or Electronic Commerce Transaction (as applicable), regardless of the expiry or early termination of this Terms and Conditions. Paymob shall have the right to inspect such copies within three (3) Business Days of requesting such inspection and the Merchant agrees to surrender such copies to Paymob. If the Merchant fails to make available any such copies, the Merchant agrees to indemnify Paymob in full for all damages, losses or costs which Paymob may sustain as a result of being unable to obtain such Sales Slips or Sales Records (as applicable).
• 11.2 The process of any Payment Transaction by the Merchant to Paymob shall constitute a warranty by the Merchant to Paymob that:
  • 11.2.1 All statements of fact therein are true.
  • 11.2.2 Card or POS Record is valid.
  • 11.2.3 The sales are not subject to any dispute, set-off and/or counterclaim.
  • 11.2.4 Except as expressly authorized by Paymob in writing, neither the Merchant nor any Representative shall have any power:
    • 11.2.6 To bind, make any commitment or give any instructions on behalf of Paymob.
    • 11.2.7 To provide finance on behalf of Paymob or in any way pledge the
    • 11.2.8 To settle any claims, demands or actions against Paymob. To contract on behalf of Paymob.
    • 11.2.9 To sell, purchase, provide or exchange Card account number information in the form of Card transaction documents, mailing lists, tapes, journal rolls, or other media obtained by reasons of a Card transaction to any third party.
• 11.3 Upon demand made by Paymob the Merchant shall pay to Paymob the Fees in relation to the Merchant Services which include but not limited to E-Commerce Services, software, Value Added Services, value of Chargeback transactions, collateral, or deposit (if any) from time to time. The Merchant shall be required to pay all Fees due to Paymob under this Terms and Conditions by means of a cheque drawn in favor of Paymob or by electronic payment transfer to the account of Paymob. The Merchant shall under no circumstances make a cash payment to Paymob or to any of its representatives.
• 11.4 The Merchant agrees to indemnify and keep Paymob indemnified and compensate Paymob in respect of all actual claims, costs and expenses suffered or incurred by Paymob as a consequence of the Merchant’s failure to comply with any of the Merchant obligations in this Terms and Conditions or in case of breach of any of the representations and warranties provided by it herein.

12. SECURITY OF DATA & DATA PROTECTION

• 12.1 Any system or media containing Card or Cardholder information, or Card Transaction Data shall be stored in a secure manner in compliance with PCI-DSS to prevent access by or disclosure to anyone other than Authorized Persons. Save to the extent necessary to comply with any legal requirement, the Merchant shall, and must ensure that any provider of a Payment Gateway shall, destroy all such information immediately following the expiry of the time period of this Terms and Conditions. The Merchant shall ensure that strong cryptography based on industry tested and accepted algorithms and certification is used when Card Transaction Data is transmitted to Paymob.
• 12.2 The Merchant shall comply fully with all Paymob Information Security requirements, all applicable laws relating to privacy and data protection, and security standards in any relevant jurisdiction which apply to the treatment of any and all data relating to Paymob information including but not limited to PDPL.
• 12.3 The Merchant shall ensure that all personnel are provided with appropriate information security awareness, appropriate skills and training and education to ensure they understand their responsibilities regarding the confidentiality, integrity, and availability of Paymob information.
• 12.4 The Merchant provider shall perform annual penetration testing and periodic vulnerability assessments on the IT infrastructure/systems where Paymob information is stored or processed, and assessment scan reports shall be shared with Paymob when requested.
• 12.5 The Merchant shall ensure that network perimeter security systems (such as firewalls, IDS/IPS etc.) are implemented in relation to both internal and external traffic.
• 12.6 The Merchant shall ensure that all user accounts are unique, justified,
• 12.7 authorized, and regularly reviewed.
• 12.8 The Merchant shall ensure that secure mechanisms shall be implemented for transporting security log data from various system and network components to a centralized log management and security information and event management system, and logs shall be reviewed on daily basis.
• 12.9 The Merchant shall ensure that all necessary background checks in accordance with applicable local laws and internal policies have been performed when hiring any employees.
• 12.10 The Merchant’s duly appointed subcontractors (if any) shall operate in accordance with non-disclosure clauses stipulated in agreements between the Merchant and the subcontractor. The Merchant shall not make Paymob information available to any subcontractor without the prior written approval of Paymob.
• 12.11 In addition, subject to any regulations issued by the Central Bank of KSA “SAMA” and Data Protection Laws, Paymob may disclose all information provided in this Terms and Conditions and subsequent transaction data to:
  • 12.11.1 Other companies in our Group and to our agents or affiliates that are under obligation of confidentiality, so that they may record, analyze, assess, use, and retain same for the same purposes described above in relation to their own businesses, products, and services.
  • 12.11.2 The Card Associations where the Card Associations rules require us to do so or to any regulatory body as required under any Applicable Law or regulations.
  • 12.11.3 Any party, including its advisers, to whom we propose to transfer our business.
  • 12.11.4 Any party, including its advisers, to whom we transfer or assign, or propose to transfer or assign, our rights and obligations under this Terms and Conditions.
  • 12.11.5 Any party who participates or wishes to participate, wholly or in part, in the financing of any of our products and services.
  • 12.11.6 Any insurance company for the purpose of insuring risk.
• 12.12 Paymob may collect personal data from merchants, and customers, such as names, contact information, and purchase history. This Terms and Conditions should constitute the Merchant’s necessary consent to collect and use their data, including sending marketing materials and promotions. With Merchant’s consent, Paymob may send marketing materials, promotions, and related communications.

13. PERSONAL DATA UNDERTAKING

• 13.1 This Undertaking (“Undertaking”) is provided by Paymob (“Data Disclosing Party”) to affirm its consent and agreement to the collection, storage, and sharing of its personal data with the Merchant (“Recipient Party”).
• 13.2 Data Disclosing Party acknowledges and understands that its personal data may be collected, stored, and shared by Recipient Party in accordance with the applicable data protection laws and regulations including but not limited to PDPL.
• 13.3 Data Disclosing Party provides its explicit consent for the collection, storage, and sharing of its personal data by Recipient Party. Data Disclosing Party confirms that it has been informed of its rights regarding the personal data being collected, stored, and shared, including but not limited to its right to access, rectify, erase, or restrict the processing of its personal data.
• 13.4 Data Disclosing Party agrees that Recipient Party may share its personal data with third parties, including service providers, contractors, or regulatory authorities, as necessary and in compliance with applicable laws and regulations.
• 13.5 Data Disclosing Party understands that its personal data may be transferred and processed outside the KSA, including to countries that may have different data protection laws, and consents to such transfers as long as they are conducted in compliance with applicable laws and regulations.
• 13.6 Data Disclosing Party acknowledges that it may withdraw its consent at any time by providing written notice to Recipient Party. However, Data Disclosing Party acknowledges that the withdrawal of consent may result in the inability to provide certain services or fulfil certain contractual obligations.
• 13.7 This Undertaking shall remain in effect until expressly terminated or amended in writing by Data Disclosing Party.

14. COMPLIANCE PCI-DSS / PA-DSS

• 14.1 The Merchant hereby undertakes that it shall notify Paymob immediately in writing if any of its payment applications are not compliant with the PA-DSS and/or PCI-DSS requirements and only use payment applications for the processing of Card Transactions or Electronic Commerce Transactions and any related matters that have been validated by the PCI SSC and comply with the PA-DSS and PCI-DSS.
• 14.2 In respect of Card Transactions, the Merchant confirms that it will not swipe the payment card at integrated cash register or at any other in-house system unless after the authorization in respect of the transaction has been received. The Merchant also acknowledges that it will swipe the payment cards only for obtaining authorization to complete payment transaction.
• 14.3 Additionally, in relation to a Card Present Environment, the Merchant hereby undertakes that it shall notify Paymob immediately if any Card Transaction Data or Cardholder Data compromise event has occurred at its location or systems due to an inadvertent process/system failure or external threat.
• 14.4 The Merchant hereby undertakes that it will obtain the required PCI DSS certification in accordance with Card Associations rules or as notified so by Paymob.
• 14.5 The Merchant hereby undertakes that it will ensure to not store any of the following, subsequent to Authorization:
  • 14.5.1 Full contents of any Cardholder Data taken from the Magnetic Stripe (on a Card, in a Chip, or elsewhere);
  • 14.5.2 CAV2/CVC2/CVV2/CID used to verify Card Not Present Transactions, or PIN or the encrypted PIN block;
  • 14.5.3 The Merchant acknowledges and agrees that it shall be liable in full (and shall indemnify Paymob on demand) for all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by Paymob and arising from the Merchant’s failure to comply with any of the requirements under the PA-DSS and PCI-DSS and/or any fraud which may arise out of non-compliance with the provisions of Clause (18.).

15. FEES AND PAYMENTS TERM

• 15.1 All Payment Transactions processed by Paymob will be subject to Fees which is payable by the Merchant in accordance with this Terms and Conditions.
• 15.2 Fees are non-refundable unless received by mistake by Paymob.
• 15.3 The Merchant hereby authorizes Paymob to charge the Fees, any fines or penalties imposed by the payment schemes or regulator in relation to the Merchant, Refunds, Chargebacks, and any Reversals together with any applicable taxes through any method in accordance with terms of this Terms and Conditions.
• 15.4 All Fees and other amounts payable under this Terms and Conditions are exclusive of any Value Added Tax (VAT) or any other taxes or levies under Applicable Laws and are payable by the Merchant.
• 15.5 All payments under this Terms and Conditions shall be free from any withholding or any other similar taxes levied under Applicable Laws.
• 15.6 If required under Applicable Laws to withhold or deduct any tax out of the payments due to us (“WHT”), then the sum payable shall be increased to the corresponding amount as necessary, so that after making all such required deductions we receive an amount equal to the sum Paymob would have received had no WHT or such deduction had been made.
• 15.7 These Terms and Conditions (“Agreement”) govern the declaration of status by the Merchant (“You”) in compliance with the Tax Authority regulations.
• 15.8 You (“The Merchant”) agree to comply with all applicable VAT regulations set forth by the FTA.
• 15.9 You must notify Paymob immediately in the event of:
  • A change in taxable turnover requiring VAT registration.
  • A change in VAT exemption status.
  • Any other changes affecting VAT obligations.
  • Upon request, you agree to provide Paymob with your VAT registration certificate or supporting documentation for compliance verification.
• 15.10 Indemnification & Liability
  • You acknowledge full responsibility for the accuracy of the information provided.
  • Paymob is not liable for any penalties, fines, or legal actions resulting from incorrect VAT declarations.
  • You agree to indemnify Paymob against any claims arising from your VAT non-compliance.
• 15.11 The Fees may be increased by Paymob, or may introduce new Fees and Charges by giving thirty (30) days (or shorter/longer if required by Applicable Law) advance written notice to the Merchant.

16. SANCTIONS UNDERTAKING

• 16.1 Paymob (“Undertaking Party”) hereby provides this Sanctions Undertaking as a commitment to comply with all applicable sanctions laws, regulations, and requirements.
• 16.2 The Undertaking Party acknowledges and recognizes the critical importance of complying with sanctions laws and regulations enforced by various governmental authorities, including, but not limited to, SAMA and other relevant sanctions regulatory bodies.
• 16.3 The Undertaking Party affirms its commitment to fully comply with all applicable sanctions laws, regulations, directives, and prohibitions, including but not limited to those related to embargoes, trade restrictions, asset freezes, and financial prohibitions. The Undertaking Party agrees to conduct thorough due diligence on all customers, business partners, suppliers, and other relevant parties to ensure compliance with sanctions laws and to prevent engaging in any transactions or activities that may violate such laws. The Undertaking Party shall promptly report and disclose any suspected or identified violations of sanctions laws to the appropriate authorities in accordance with applicable laws and regulations.
• 16.4 The Undertaking Party will cooperate fully with governmental authorities and regulatory agencies in any investigations or inquiries related to sanctions compliance. The Undertaking Party shall promptly implement any necessary corrective actions or remedial measures identified through internal or external audits, investigations, or compliance reviews. Undertaking Party understands that any breach of this Sanctions Undertaking may result in legal consequences, including civil and criminal penalties, reputational damage, and potential loss of business opportunities.
• 16.5 This Sanctions Undertaking is a binding commitment by the Undertaking Party and shall remain in effect until expressly terminated or amended in writing by both Parties.

17. COMPLAINTS AND SERVICE LEVEL

• 17.1 The Merchant shall promptly notify Paymob of any unauthorized, suspicious, or disputed transactions through the official support channels explicitly mentioned in the Merchant Application Form.
• 17.2 By using Paymob's services, the Merchant acknowledges and agrees to the following service levels:
  • a. Support requests sent via email will be responded to within the same submission day, and resolution will be completed within 48 to 72 hours (this period may vary depending on the nature of the request).
  • b. Support requests sent via chat will be responded to the same submission day and resolved within an appropriate timeframe, which varies depending on the nature of each support request.
  • c. Paymob may request certain documents necessary for investigating and processing your request, which may include, but are not limited to, the transaction reference number, date and time of the transaction, details of the request, and any other documents required to investigate your request.
• 17.3 By submitting a support request, the Merchant agrees to provide all required documents/requests. Refusal to provide any of these requirements will be considered implicit consent to withdraw the support request.
• 17.4 If the Merchant is dissatisfied with the level of support provided by Paymob, the complaint may be escalated to the following channels:
  • Compliance@paymob.com
  • Risk@paymob.com
• 17.5 The Merchant may always seek support from the relevant authorities listed in the Merchant Application Form if dissatisfied with all solutions provided by Paymob.