ARTICLE 1: PURPOSE OF THE APPLICATION SSP
The SSP application (hereinafter named SSP) allows to those who use it (hereinafter the Client) to open a wallet to make payment transactions solely for the purposes of:
– Purchasing goods and services at merchants or service providers that use the SSP system.
– Withdraw cash at duly authorized institutions to provide payment services and adhering to the PHC system.
– Pay by wire transfer the purchase of goods or services to merchants or service providers who are using or not the SSP system.
– Acquire or sell goods and / or services that are not contrary to public order and laws of the country in which the Client resides.
– Transfer funds to a bank account or wallet, held in an authorized institution to receive such funds.
ARTICLE 2: RELATION SSP – CLIENT
It is agreed that these terms constitute the convention of opening of a wallet and govern the framework of the relationship between the Client and SSP.
When the Client is opening a wallet, he opens a subaccount in the books of SSP and the money that he is placing there remains his own money. SSP is only executing the orders of the Client.
SSP and the Client agree to communicate by email, through the application or by phone using the contact details given by the Client in the process of opening the application.
In case of unavailability of SSP services due to force majeure, that is to say, a fact totally independent of the will of SSP, the Customer may contact SSP to determine the most appropriate means to convey his operation order. Otherwise SSP cannot be responsible for non-execution of the order.
ARTICLE 3: SECURITY CUSTOMIZED
The SSP system is totally secure and allows the financial operations described above in safely, without transmission of personal data.
No access code is communicated to the Customer by SSP.
The Client, when the application requests it, creates a first code with 3 digits and 3 letters. This is an authentication code which is related to the device in which the application is downloaded.
At the request of the application, the Client has to select a validation code of 3 letters.
Both codes are confidential and it is the responsibility of the Client to keep them secret and not disclose it to anyone. It should absolutely not to be kept in any part of the device in which the application is downloaded or on any other device connected to the Internet or on an easily accessible document. When composing them, Client has to do it safe from prying eyes.
Number of authentication and validation failures is limited to 3.
In the third unsuccessful attempt, the holder of the wallet causes blocking of the account. In this case, the Client must contact SSP.
ARTICLE 4: CONSENT, EVIDENCE AND IRREVOCABILITY
It is agreed between SSP and the Client that the fact for the Client to seize his secret code (set of 3 numbers and 3 letters) on the mobile device on which the application has been downloaded, is worth electronic signature of the Client, allowing its identification.
It is agreed between SSP and the Client that the fact for the Client to type an amount and then the 3-letter validation code, when the application requests it, is sufficient to prove his consent for the transaction and for its attribution to the Client.
From that moment the order given is irrevocable.
ARTICLE 5: OPERATING MODE
As far as the wallet is provisioned, (the amount of the available balance appears on the mobile device screen after successful authentication), as soon as the order is given, it is immediately executed.
The detailed amount of the transaction (amount, fees, exchange rates), appears immediately on the screen of the mobile device with the available balance.
Once a month, the customer receives by email a statement of operations performed the previous month.
The holder of the wallet has to verify the regularity of payment transactions listed on the transaction record.
SSP is not concerned by any trade dispute that can surge between the parties at the transaction. SSP is only concerned by the problems that are relating to the payment itself.
ARTICLE 6: LIABILITY OF SSP
When the Holder of the wallet denies having given consent to perform a transaction of payment and / or withdrawal, SSP has to provide proof that the transaction was authenticated, accurately recorded and accounted for in accordance with state of the art and that it was not affected by a technical breakdown. This proof can be furnished by all means, including the Electronic Equipment records or reproduction on a data carrier using the wallet and personal safety device.
SSP can use these recordings as justification for their attribution to wallet.
SSP is only responsible for direct losses incurred by the Holder of the wallet due to a technical failure of the system where SSP has direct control. However, the liability of SSP is also limited to a maximum of 100€ by technical failure. SSP can never be forced to pay more than the amount of 100€ to cover the prejudice of the client.
However, SSP is not liable for a loss due to a technical failure of the system, if it is reported to the client by a message in the application or another visible way.
ARTICLE 7: WALLET LOCKED
Upon learning of the loss or theft of his mobile device, its misuse or unauthorized use of the SSP application or confidential data related to its use, the Client must inform SSP without delay so SSP can block his wallet. The Client has to states the reasons for application blocking.
This blocking must be requested by visiting SSP website and following the instructions given therein.
It can also be made by sending an email to SSP address or by sending SMS to the HELP DESK.
SSP cannot be held responsible for the consequences of a blocking request by telephone, which does not emanate from the Client.
ARTICLE 8: CUSTOMER LIABILITY
8.1. IN GENERAL
The Client must take all necessary measures not to lose his mobile device, preserve the application attached to it, and secret codes. SSP application has to be used by the Client in accordance with the purposes specified in Article 1.
The Client assumes the consequences of fraudulent use of the SSP application until he has made a blocking request in accordance with Article 7.
Unauthorized transactions effected before the blocking request shall be borne by the Client.
Unauthorized transactions which are made after the blocking request shall be borne by SSP, with the exception of those made by the Client.
All unauthorized transactions will be borne by the Client if they are the result of his gross negligence or of a non respect of any of his contractual obligation or if he has acted fraudulently.
SSP has, for obvious security reasons, established limits availability of funds in the wallet. There is a limit of the amount available per day, of the number of possible transactions per day and of the maximum amount on which each transaction can wear.
The client can modify at will but under his own responsibility, such limits.
The customer has however the obligation, immediately after each transaction, to erase from his mobile phone any trace of the messages that he has sent to SSP and that contain his access code.
SSP will in no way be held responsible for any losses that the client would suffer if he fails to take the elementary precautions as described and which constitute a contractual obligation in his chief.
SSP will never be liable for any loss that the client would suffer further the limits set by default even in the case that the client has erased his access code from his mobile phone.
These limits depend on a country to country and are available on the site.
ARTICLE 9: LIMITATION OF AMOUNTS
The amount of money in the wallet can never be less than € 5 or the equivalent in currency of the country in which it is registered.
For any operation which amount is equal to or greater than € 10,000, expenses included, the Client must justify the operation and he has to give evidence of the exact identity of the parties concerned as it appears on their passport. The operation will not be performed before SSP is receiving such explanations and evidence.
ARTICLE 10: CONTROVERSIES
The Client has the option to file a claim with the Customer Service, if possible in communicating the reference number that has been assigned to the operation to which the controversy is relating. He has to do it as soon as possible and within a maximum period of 60 days from the date of the said transaction.
Only the claims against the absence or faulty execution of the payment order issued by the Customer will be received. The claims relating to the amount of the payment made will not be received unless there is a discrepancy between the amounts indicated as “to be paid” and those indicated as “to be received”.
SSP has a period of eight working days from the receipt of the refund application either for repayment or to justify its refusal to do so.
In case of fraud or suspected fraud committed by a third party identified or not, SSP can request a receipt or a copy of filing a complaint.
ARTICLE 11: CONFIDENTIALITY
SSP guarantees that the data provided by the Client will be used by its services only for purposes for which they are intended. SSP also guarantees that the data received by the Client will never be disclosed to anyone, unless the request is coming from a competent judicial authority.
ARTICLE 12: FINANCIAL CONDITIONS
Once the SSP application is downloaded, a fee which is fixed in the “Tariff Conditions” is deducted from the account when there will be money in the wallet.
Should the contract be terminated within 8 days from its acceptance by the Client, this fee will be refunded to him.
All the other financial conditions are also listed in the “Tariff Conditions”. They may be amended by SSP without obtaining the prior consent of the Client. However before making such change SSP has to notify it to the Client by message sent in the application.
ARTICLE 13: PENALTIES
Any false statement is punishable under the law.
Any misrepresentation or misuse of the wallet may also result in termination of the contract and its immediate closure.
All actual costs and expenses incurred in the forced recovery will be borne by the Client.
ARTICLE 14: CLOSING OF THE WALLET
14.1. AT THE REQUEST OF THE CLIENT
Client may close his wallet without notice simply by email or through the application.
Client agrees to maintain sufficient funds until the outcome of ongoing operations. After settlement, any residual balance will be returned.
Monthly expenses that are regularly charged for payment services will be payable by the Client and will not be refunded.
The balance of the remaining assets in the wallet will be paid by SSP by transfer to the bank account that the Customer has communicated when opening his account at SSP. This payment will be made 30 days end of the month in which the account is closed.
14.2. AT THE INITIATIVE OF SSP
SSP can close the wallet by sending a notification by electronic mail, subject to compliance with a prior notice of 14 days. A financial statement of the wallet has to be joint to the notification.
SSP will not be required to comply with the notice period in the event of seriously reprehensible behavior attributable to the Client (for example in the case of fraud).
The wallet will also be closed without notice to the day when SSP takes notice of the death of the Client by the mean of an official document.
Monthly expenses that are regularly charged for payment services will be payable by the Client and will not be refunded.
The balance of the remaining assets in the wallet will be paid by SSP by transfer to the bank account that the Customer has communicated when opening his account at SSP. This payment will be made 30 days end of the month in which the account is closed. It will be paid on the account of the notary in charge of the liquidation of the estate of the deceased person, or on the account of the one who presents himself as sole heir and who affords legal evidence of his rights.
ARTICLE 15: FIGHT AGAINST MONEY LAUNDERING AND TERRORIST FINANCING
Pursuant to the legislation on the prevention of the use of the financial system for money laundering and terrorist financing, SSP is held in a duty of care with respect to its entire customer.
SSP is requesting, before entering into a relationship, identity and address of its new customers with enhanced due diligence imposed by a remote financial service relationship.
During the business relationship, SSP may ask the Client to update his information, if necessary on presentation of documentary evidence or provide any new element of identification: valid ID or proof of new address in case of change of address.
SSP provides a constant vigilance on the operations of its customers. SSP practices a careful review of operations by ensuring they are consistent with the present knowledge of its customers and their habits.
For any transaction that appear to be unusual because of its terms, its amount or its unusual character in relation to previously processed transactions SSP conducts a specific review of the transaction by collecting all relevant information to Client prior to finalizing the requested financial transaction.
The Client undertakes to provide assistance by promptly responding to requests made to it in this context and provide any appropriate supporting document requested by SSP.
Requests made in the context of the fight against money laundering are strictly covered by professional secrecy and are not subject to any other use without the consent of the Customer. This secrecy can only be lifted at the request of the Customer himself, a judicial authority or a competent administrative authority under the law.
Furthermore, SSP is forced to report to administrative authorities the sums recorded in its books or transactions involving sums which it knows, suspects or has reasonable grounds to suspect that they come from an offense punishable by deprivation of liberty for more than one year or participating in terrorist financing.
ARTICLE 16: APPLICABLE LAW – JURISDICTION
The pre-contractual relationship, these General Conditions, their interpretation and/or their execution are subject to the Indonesian law and any dispute arising thereof will be the exclusive jurisdiction of YOGYAKARTA courts.