SCHEDULE 11 – Physical/Offline Terminal Obligations (Applicable to Merchant applying for physical/offline payment channels and is using Fiuu’s terminal at the Merchant’s premises)
The Merchant hereby acknowledges and agree that by entering into a contract/commercial agreement with Fiuu, the Merchant has undertaken the necessary risk assessment to mitigate any potential risks that may emerge in relation to the contract/commercial arrangement entered into with Fiuu. For the avoidance of doubt, the specific terms and conditions below shall be read together with the Agreement.
Merchant’s Obligations regarding Terminals
- DEFINITION
1.1. The following words shall have the following meanings, unless the context clearly indicates otherwise:
| “External Scanner” | means a device attached to the terminal use to scan a user’s E-Wallet barcode and/or QR Code; |
| “Paper Stock” | means rolls or packs of paper (as supplied by Fiuu to the Merchant) prior to them being processed through a Terminal to become voucher or receipts as proof that a Transaction is successful; |
| “Terminal” | means the device supplied by Fiuu to the Merchant which allows voucher or receipt to be printed; |
- Merchant shall provide prominent and sufficient space at its premises for placement of Fiuu terminal(s) (“Terminals”), and shall provide Fiuu with reasonable access and assistance to install and maintain the Terminal(s). The Terminal(s) shall be positioned only at a place agreed between Fiuu and the Merchant.
- Merchant acknowledges that the Terminal(s) and all parts thereof will remain the property of Fiuu at all times.
- Merchant shall :-
4.1. take proper care of the Terminal(s) and keep the same in good condition, and shall be liable for the replacement of the Terminal of Ringgit Malaysia One Thousand (RM2,000.00) each (or cost of repair, as the case may be) of any Terminal(s) damaged or lost by reason of the Merchant’s failure or negligence to take proper care of the same;
4.2. take proper care of the External Scanner(s) and keep the same in good condition, and shall be liable for the replacement of Ringgit Malaysia Five Hundred (RM500.00) each (or cost of repair, as the case may be) of any External Scanner(s) damaged or lost by reason of the Merchant’s failure or negligence to take proper care of the same;
4.3. take proper care of the Terminal accessories (charger and cables) and keep the same in good condition, and shall be liable for the replacement of Ringgit Malaysia Five Hundred (RM500.00) each (or cost of repair, as the case may be) of any Terminal accessories damaged or lost by reason of the Merchant’s failure or negligence to take proper care of the same; and
4.4. take all reasonable steps to prevent any damage to or deterioration of the Terminal(s).
- Merchant shall provide dedicated support personnel to attend to matters arising from the usage of the Terminals in accordance with Fiuu’s operating hours.
- OWNERSHIP OF PAPER STOCK
6.1. All Paper Stock shall remain the property of Fiuu until a Transaction is successful, and voucher or receipt is printed out accordingly.
6.2. No other Paper Stock shall be used by the Merchant except those supplied by Fiuu.
6.3. Excessive wastage of Paper Stock over the standard ordering cycle will be charged to the Merchant.
- Fiuu shall have no liability to the Merchant in contract, tort or otherwise (including negligence) for any loss, damage, liability or expense suffered by the Merchant by reason of the failure of any Terminal to operate. Fiuu will use reasonable efforts to ensure that any malfunctioned Terminal is rectified within forty-eight (48) hours of receiving notification of such failure from the Merchant.
- Upon termination of this Agreement from any cause or at any time, at the request of Fiuu, the Merchant shall promptly return the Terminal to Fiuu and dispose of (as Fiuu may instruct) all pamphlets, catalogues, advertising material specifications and other material documents and paper whatsoever relating to the business of Fiuu.