MERCHANT SERVICE AGREEMENT

MERCHANT INFORMATION Date ………….……..……….……

Registered Name: ................................................................ Business Type: ...........................................................

Merchant Domain Name: .................................................... Programming Language/ Platform: …...............….…

Business Registration No: ................................................... Paid Up Capital: .........................................................

Registered Business Address: ..............................................................................................……….…..……...…….

Mailing Address: Same as Registered Business Address: .................................................................................

Telephone Number: ............................................................. Fax Number: ...............................................................

CONTACT INFORMATION

1. Business Contact Person: ................................................ Position: ......................................................................

Mobile Number: .................................................................. E-Mail: .......................................................................

2. Technical Contact Person: ............................................... Position: ......................................................................

Mobile Number: .................................................................. E-Mail: .......................................................................

3. Accounting Contact Person: ........................................... Position: ......................................................................

Mobile Number: ................................................................. E-Mail: .......................................................................

Contact person to receive the production account information:

First / Last Name: ............................................................... E-Mail: .......................................................................

SERVICES

Payment Gateway iACCEPT easyBills easyPoints 123Service

BANK ACCOUNT INFORMATION

Account Name: .................................................................... Account Number: .......................................................

Bank Name / Branch: .......................................................... Account Type: ............................................................

APPLICANT SIGNATURE (seal)

Signature: ............................................................................. Signature: ...................................................................

First / Last Name: ................................................................. First / Last Name: .......................................................

Position: ................................................................................ Position: ......................................................................

Date: ............... / …............. / …............. Date: .............. / …............ / ................

FOR 2C2P OFFICER ONLY

CURRENCY: MMK USD OTHERS ………… DCC………….. MCC ………..………..
2C2P PGW: VISA ..………… % MC ……….…... % JCB ……….. % AMEX ..……....% CUP ………….. %
IPP .……….….... % INTEREST……………% OTHERS…………...………
123 Service: ….……….... % iACCEPT: ….................% easyBills: ………......% easyPoints : ……...............%
Note: ....................................................................................................................... ...................................................
Name & Signature: .................................................................... Date: ................. / …................. / …......................

Standard Template for Merchant Service Agreement_2C2PMyanmar_2020_V.1 Page 1 of 5

MERCHANT SERVICE AGREEMENT

AGREEMENT NUMBER : ……………….. 4.2 The Applicant agrees that the Company is entitled to
immediately set-off the amount of payments for goods and/or
This agreement is entered into by and between services to be transferred to the Applicant by the Company
2C2P Myanmar Co., Ltd. having its office at 02-04 Union with the amount of service fee including expenses or any other
Business Center (UBC), Nat Mauk Road, Bahan Township, fees that the Applicant is required to pay or reimburse to the
Yangon 11201, Myanmar (hereinafter referred to as “the Company hereunder prior to transferring such amount to the
Company”); and the applicant listed in “Merchant Applicant.
Information”
4.3 During the period of this Agreement, the Company reserve
THE PARTIES AGREE ON TERMS AND the right to amend the rate of service fee by giving at least
CONDITIONS AS FOLLOWS: thirty (30) days advance notice to the Applicant and such
notice shall be deemed an integral part of this agreement.
1. PURPOSE
5. 2C2P SERVICE
The Applicant desires to use payment gateway service for
receiving payment for goods and/or services from customers 5.1 The Company shall gather all the payments for goods
and for its convenience making payment through available and/or services on behalf of the Applicant and, after deducting
channels including but not limited to banking payment, of the service fee according to Clause 4 and any expenses (if
counter service and ATM payment provided by the Company any) such as credit card fees, etc., remit it to the Applicant’s
(“Services”). account within the specified period and according to the
payment method as per the attachment. The Applicant agrees
2. COMMENCEMENT OF SERVICES
to be responsible for all fees incurred by such remittance.
The Applicant agrees to submit an application form correctly
5.2 For receipt of the payments for goods and/or services
and completely filled in together with supporting documents
hereunder, the Company agrees to receive the payment not
required by the Company on the date hereof for the
less than 10 USD (Ten United States Dollar) but not
Company’s consideration. The Applicant shall be entitled to
exceeding 20,000 USD (Twenty Thousand United States
use the Services for receiving the payments for goods and/or
Dollar) per transaction.
services of the Applicant only upon obtaining the Company’s
permission. 5.3 In case that the 2C2PMerchantID of the Applicant under
this Agreement has no movement for a six (6) month-period
3. ACKNOWLEDGEMENT OF RISKS IN
continuously, the Applicant agrees to pay the Company a
ELECTRONIC TRANSACTIONS
monthly fee of 25 USD (Twenty-Five United States Dollar),
The Applicant has carefully considered and realizes that exclusive of VAT or GST, to maintain 2C2PMerchantID from
electronic transactions are of risk and accepts any consequent the seventh month of non-movement. In event that funds in
damages incurred from such electronic transactions. The the Applicant’s bank account are not sufficient, the Company
Applicant agrees to strictly comply with the following: reserves the right to terminate this Agreement and close the
2C2PMerchant ID immediately.
3.1 In case of receipt of the payments for goods and/or
services, the Applicant must keep, not less than eighteen (18) The 2C2PMerchantID is the user account created by the
months, sales record or proof of trade, delivery of Company for the Applicant to use 2C2P Service.
goods/services and receipt of payments such as tax invoice,
5.4 Unless otherwise provided herein, the Company reserves
shipping slip, receipt, etc. as proof in any disputes happen
the right to open only one 2C2PMerchantID for the Applicant,
thereafter. If the Company desires to verify the Applicant’s
if it appears that the Applicant has or obtains more than one
transactions, the Applicant agrees to provide the Company
2C2PMerchantID, the Company is entitled to cancel other
with all relevant information and documents immediately or
2C2PMerchantID(s) and retain only one of them for the
within a specified period. The Applicant also agrees to assist
Applicant.
the Company in order to acquire such information and
documents and shall not, in any circumstances, obstruct, 6. 123 SERVICE
weaken, destroy or hinder the Company from acquiring such
information and documents. 6.1 The Applicant has a duty to deliver information of goods
and/or services according to form and method as stipulated by
3.2 In case of refusal and/or non-receivable payment, card the Company immediately when customers make an order of
cancellation or hold, or having a reasonable suspicion cause goods and/or services.
regarding the dishonest use of credit card or any other reasons
causing the Company’s money to be deducted or compensated 6.2 The Applicant represents and warrants that any
or claimed as damages by any banks, financial institutes or information delivered to the Company, under Clause 6.1 of
other persons, the Applicant agrees to reimburse to the this Agreement, is correct. The Company shall not be
Company in full amount which and that the Company is responsible for verifying such information.
entitled to immediately set-off such amount with the amount In case having received such monies from customers and it is
of payment for goods and/or services payable to the Applicant found that the paid amount is incorrect as a result of
without any objection or attempt to decline the said information in Clause 6.1 of this Agreement, the Company
responsibility in all respects. shall not be responsible for such error. The Company shall not
4. SERVICE FEE return such monies to customers, the Applicant shall be solely
responsible for such error to its customers.
4.1 The Company is entitled to the service fee for performance
of obligations hereunder according to the rate and payment 6.3 The Company shall issue pay-in slip with a reference
method specified in the attachment. number and a bar-code according to information as received

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MERCHANT SERVICE AGREEMENT
under Clause 6.1 to customers for making payment through 8. REPRESENTATIONS AND WARRANTIES
counter service, banking payment and ATM payment.
The Applicant represents and warrants that (a) any
6.4 The Company shall gather all the payments for goods information delivered to the Company under this Agreement
and/or services on behalf of the Applicant and, after deducting is correct; (b) the Applicant is engaged in a lawful business
of the service fee according to Clause 4 and any expenses (if that includes the sale of Goods and/or Services, and duly
any), remit it to the Applicant’s account within the specified licenses to conduct such business under laws of all
period and according to the payment method as per the jurisdictions in which Applicant conducts business. Applicant
attachment. The Applicant agrees to be responsible for all fees shall comply with all laws, policies, guidelines, regulations
incurred by such remittance. ordinances or rules applicable to Applicant’s business and this
Agreement; (c) all goods and/or services, which the Company
6.5 The limitation of receipt of the payment per transaction to receive the payments hereunder are not goods and/or
shall be according to the term and condition of each 123 services prohibited by law and good morals or that would
partner channels (e.g., payment counters, bank, etc.) expose the Company’s image to risk; and (d) the Applicant
6.6 In case that the 123MerchantID of the Applicant under this shall comply with all Cardholder Information Security
Agreement has no movement for a six (6) month-period Program (CISP), Site Data Protection (SDP), and Payment
continuously, the Applicant agrees to pay the Company a Card Industry Standard (PCI) requirements, as amended from
monthly fee of 25 USD (Twenty-Five United States Dollar), time to time. The Applicant must comply with the Rules,
exclusive of VAT or GST, to maintain the 123MerchantID including without limitation, those relating to Cardholder
from the seventh month of non-movement. In event that funds information security issues, non-disclosure of Cardholder
in the Applicant’s bank account are not sufficient, the information and Transaction documents, retention and storage
Company reserves the right to terminate this Agreement and of Cardholder and Transaction information and other security
close the 123MerchantID immediately. procedures adopted by the Card Organizations.

The 123MerchantID is the user account created by the Failing of the above representations and warranties, the
Company for the Applicant to use 123 Service. Applicant agrees that the Company is entitled to terminate this
Agreement immediately and the Applicant shall be
6.7 Unless otherwise provided herein, the Company reserves responsible for all damages incurred to the Company,
the right to open only one 123MerchantID for the Applicant, including any loss incurred by the Applicant as the result of
if it appears that the Applicant has or obtains more than one its non-performance of this clause.
123MerchantID, the Company is entitled to cancel other
123MerchantID(s) and retain only one of them for the 9. MARKETING ACTIVITIES
Applicant. 9.1 The Company may advertise and publicize in connection
7. RESPONSIBILITIES OF THE APPLICANT with the Services provided to the Applicant and the Applicant
shall provide the cooperation with the Company in the
7.1 The Applicant has a duty to issue receipts/tax invoices or advertisement and publication through various media or other
any evidence of receipt to customers and/or clients as networks from time to time as mutually agreed by both parties.
prescribed by law.
9.2 The Applicant agrees to advertise and publicize its goods
7.2 If the Applicant intends to modify its payment type and/or or services as well as its use of the Company’s Services for
amend the method or conditions for selling of goods, engaging receipt of payments for goods and/or services of the
of services or performing of works, affecting to the Applicant.
Company’s performance of Services hereunder, the Applicant
agrees to notify the Company of such in writing thirty (30) 9.3 In the case that the Applicant uses any other service,
days in advance. In this case, the Company reserves the right method or channel for receiving of payments for goods and/or
to charge an additional fee as proper and both parties shall services from customers or clients, provided by other service
agree and make it in writing and such document shall be provider(s) other than the Company, the Applicant agrees to
deemed an integral part of this Agreement. not act such as publicizing, advertising, supporting or giving
any right to such service, method or channel of other service
7.3 The Applicant agrees that the Company is entitled to set- provider(s) significantly or in addition to doing to the Services
off all amounts which the Applicant is obligated to pay or of the Company hereunder.
refund to the Company against the sum to be payable by the
Company to the Applicant under this Agreement without any 10. EXCLUSION
disputes. If the amount of Applicant’s account is not sufficient The Applicant acknowledges and agrees that in case the
to set-off, the Applicant agrees to pay outstanding amount to Services hereunder has any error or delay or has been
the Company. In case of the Applicant fails to pay such temporally suspended, arising from service connection system
outstanding amount, the Company has the right to charge an or computer system or any relevant system or virus attack or
interest at the rate fifteen percent (15%) per annum of electronic equipment problems and/or force majeure or any
outstanding amount from the due date until the date on which causes beyond the Company’s control, the Applicant shall not
all payments have been made in full. definitely raise such error to claim any damages against the
7.4 The Applicant acknowledges and agrees that in case any Company and shall notify the Company immediately of such
damages or errors occur from the Company’s performance of error. However, the Company will use its best efforts to solve
Services according to information as delivered by the the problem hastily, and the Applicant agrees to fully assist
Applicant, the Applicant shall not claim any damages against and cooperate with the Company for solve such problem.
the Company and/or shall be solely responsible for such
damages or errors with its customers.

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MERCHANT SERVICE AGREEMENT
11. TERM AND TERMINATION consent from the Company. The Applicant shall not perform
or allow any third party to perform any action that might cause
11.1 This Agreement shall be effective from the date hereof. damage to the image, trademark, trade name or other
Any party who intends to terminate the Agreement shall give intellectual property right of the Company.
advance written notice to the other party not less than ninety
(90) days prior to the termination of this Agreement. 15. AMENDMENT
11.2 This Agreement shall be terminated and the Company is Unless otherwise specified herein, any amendment, addition
entitled to cease the Services forthwith by closing the or alteration of the terms and conditions under this Agreement
Applicant’s user account in any one of the following or Attachment shall be made in writing and executed by the
circumstances: duly authorized representatives of both parties.
(a) the Applicant uses and/or declares false 16. GOVERNING LAW
information; or
This Agreement is governed by laws of the Republic of the
(b) the Applicant is in breach of any provision of Union of Myanmar.
the Agreement, and the Applicant does not remedy said
breach within fifteen (15) days upon receipt of the relevant 17. MISCELLANEOUS
notice from the other party, then the Company may 17.1 The Company shall have a duty only to collect the
immediately terminate the Agreement or, at its option, amount of payments for goods and/or services on behalf of the
suspend the performance of its obligations under this Applicant. The Company is not involved in any contracts
Agreement until the breach is remedied; or made between the Applicant’s customers and/or clients, the
(c) either party is adjudged bankrupt or dies or Applicant Merchants’ customers and/or clients, and the
ceases to exist as a juristic entity or having any other Applicant or in any right and duty among those parties. In case
legitimate ground which makes either party unable to comply any disputes occur from when the Applicant does not comply
with this Agreement, it shall be deemed that this Agreement with the terms and conditions of contracts made with its
is immediately terminated. customers and/or clients, the Company shall in no event be
liable or jointly liable. The Applicant shall be solely
Upon termination of this Agreement in any case, the responsible for such dispute to its customers and/ or clients.
Applicant shall announce the termination in a conspicuous
place that can be seen obviously by its customers and/or 17.2 In no event shall the Company be responsible for
clients. The announcement shall commence from the date the intentionally or negligently revealing to any other persons by
Services is ceased and shall describe the contents that are the Applicant of its and/or its customers’ bank account, credit
harmless to and promote both parties’ image. This clause will card, username and password information, or for carelessly
not deprive the Company’s right of any compensation and keeping of password, or in case that any other person causes
damages due to the termination hereof by the Applicant’s to be known such information or in case of dishonesty of the
acts. Applicant and/or other person.

11.3 Termination of this Agreement shall not prejudice nor 17.3 To provide the Services of the Company in compliance
affect the accrued rights or claims and liabilities of the parties with the security policy and this Agreement, if the Company
under this Agreement. finds any transaction that is not correct or is within the scope
of dishonest acts in any means, the Applicant agrees that the
12. TAX amount of such transaction will be confiscated and seized in
the system until any person expresses to claim it. If the
Each party agree that either party shall deduct applicable Company examines proof and has reasonable belief that such
withholding tax and/or pay value added tax (“VAT”) or Goods person is the genuine owner, the Company will, after
and Services Tax (“GST”) (if any) pursuant to the obligation deducting the service fee and expenses, be entitled to return
and at the rate as prescribed by laws. The Applicant shall be the net amount to that genuine owner immediately. The
solely responsible for stamp duty according to this Agreement applicant agrees to coordinate with the Company in document
(if any). and information examination as requested and agrees that the
13. CONFIDENTIALITY Company may temporarily suspend the Applicant’s user
account.
The parties understand that all documents, information or
materials produced or acquired under this Agreement are 17.4 The Applicant must not assign or transfer its rights,
confidential information and trade secrets. Neither party is duties, benefits or claims, in whole or in part, according to this
entitled to disclose nor cause to be known by any way of such Agreement to any third party without the written consent from
confidential information and trade secrets to any third party the Company. In event the Applicant receives such consent,
and agrees to properly keep them at any time either during and the Applicant is still liable to the Company under this
after the period hereof, except for the disclosure required by a Agreement in all respects. The Company is entitled to transfer
court order or provisions of law. its rights, duties, benefits or claims, in whole or in part,
according to this Agreement to any third party without consent
14. INTELLECTUAL PROPERTY from the Applicant.
The Company is an owner of all intellectual property right, 17.5 Should any provision, condition, term or part of this
whether in contents or wording, pictures, signs, logo, trade/ Agreement be null or invalid, the parties agree that any of the
service marks, trade name as well as all design works, in all valid remaining portions hereof shall be deemed separate from
documents and websites of the Company. The Applicant must such null or invalid parts and shall remain in full force and
not exploit the intellectual property rights of the Company or effect.
make any advertisement without receiving prior written

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MERCHANT SERVICE AGREEMENT
IN WITNESS WHEREOF this Agreement is made in two (2) copies. The parties have thoroughly read and comprehended the
contents hereof and found that these correctly meet their intention. The parties have consequently executed and affixed their
company seal in the presence of witness and kept on copy each.

2C2P MYANMAR CO., LTD. APPLICANT

………………………………............................................... …………………………………..……………….…….………
( ) ( )

Witness Witness

……………………………….…………………………......... …………….……………………… ……………………

( ) ( )

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