Omise's Merchant Service Agreement Explained

This summary is to help you, our merchant, understand the intention of our service agreement in simple words. We do ask you to also read the full agreement and the terms and conditions since those are the documents you are asked to sign and agree to. This summary only covers the default terms. If you have a custom agreement with Omise, some of the points may differ.

What is the merchant service agreement, and what are the terms and conditions?

Our merchant service agreement is the service contract between the merchant, and Omise. It defines how we provide you with services and the responsibilities of each of the parties.
The terms and conditions clarify details in regards to each of the payment channels provided. For example, the types of information we are required to share with the payment networks, the cost of our service, or the amount of time you have to create a refund.

Omise’s services

Omise provides the merchant with a solution to receive payments for selling goods and services through various payment networks (card, wallets, online banking, bill payment etc.).
For this service, Omise deducts a percentage from every transaction as a service fee as well as any applicable taxes. This is done automatically. The sales amount minus the service fee and taxes is then added to the merchant’s account balance.
Omise does not allow merchants to immediately transfer funds from the Omise account to a connected bank account. Funds will always be kept on hold for a defined amount of days. This is called the holding period.
Please note that for some purchases, the customer may dispute the transaction. Some of the most common reasons being; the customer claims they did not authorize the purchase or something was not ok with the delivery or with the goods or services. In this case, Omise will deduct the disputed amounts until the dispute is ruled in the merchant’s favor. For more information on disputes, please check Dispute best practices
Full details on the holding period and service fees can be found in the Terms and conditions
Omise promises to provide the best possible services but does not provide a guarantee.

What we ask from you as our merchant

The account on the Omise dashboard belongs to you. You can grant access to others to help you manage your store, but under no circumstances to anyone else. It is your responsibility to keep your account, keys and login credentials secure.
You will not sell anything that is illegal or listed under Omise’s “Restricted goods and service”. If you wish to start selling products/services other than those specified during the onboarding process, please give our team advance notice and wait for a confirmation.
If you notice any suspicious transactions, you should inform our customer support team.
Treat all your customers fairly, and do not charge extra fees based on the payment method chosen. Do not set a minimum amount for the customer to use certain payment methods.
A customer's purchase cannot be split into multiple charges.
Any information change such as the business address, company name, registered bank account etc., should be communicated to Omise promptly.
If your Omise account has a negative balance (because you issued refunds or accepted disputes without receiving new payments to cover for them) you promise to pay back the amount to Omise within 3 business days.

Our common understanding of the nature of our relationship:

All purchasers are between customers and the merchant. Omise is only a gateway to enable the payment. We have no responsibility in providing the goods or services. In this respect, any support or disputes about delivery issues, quality of products or services etc. are between the customer and the merchant only.
As a merchant, you are required to retain all details of all transactions for at least one year. If Omise were to request such details, you promise to provide them and agree that we can share it with the respective networks or authorities as and where we are legally required to.

We care for the protection of personal data

You agree that the company and business information you provide Omise for review may sometimes be required to be shared with payment networks. Omise will protect your personal information, and only provide it for uses as outlined in our Privacy policy.
You are responsible for the protection of all personal data gathered from your customers. This includes card numbers, names, email addresses, to name a few. You also agree to help with any requests from customers such as to delete, share or update their information. You will also publish a privacy policy which outlines how exactly the information is used and processed, and you will follow the laws on personal data protection. Omise will protect the personal information that you share with us for the processing of payments as outlined in our privacy policy and as required by law.
Card information such as card numbers are never to be sent to your own server. They must be directly sent to Omise.

Mutual rights and confidentiality

Both Omise and the merchant will treat each other's information confidentially and not infringe on each other's rights.
Omise is allowed to share with our partners your business name or logo, and may use it for our marketing campaigns.

Omise’s rights

Omise has the right to monitor your website and applications to determine whether you have security vulnerabilities or are selling products different to what we expect.
Omise may keep a percentage or fixed amount of your balance on hold to cover any future disputes, this is called the on-hold balance. Omise does not provide any interest.
If Omise believes transactions are suspicious, there are too many disputes, the merchant has a negative balance, the authorities or the payment networks request an investigation or any parts of the agreements and terms and conditions have been breached, we may suspend or block all or any part of the service or any function of the account with immediate effect and without prior notice to the Merchant. However we do strive to inform you to the best of our ability.
Omise may block the account if found to be inactive (no transaction) for 6 consecutive months.

With signing the service agreement, the merchant confirms that:

they have all the required licenses to operate their business,
they are not sanctioned by any government or international organization,
all information shared with Omise for the purpose of opening the account is truthful, up to date, and complete,
all documents, like the service agreement are properly signed by the authorized signatory in accordance with documents submitted by the merchant, and
they take responsibility and cover all costs that are in relation to a breach of the merchant’s obligations in the agreement and terms and conditions.

Termination of the agreement

Omise may terminate the agreement in the case of a breach of the agreement or if the merchant becomes insolvent.
Both Omise or the merchant may terminate the agreement for any reasons with a written 14 days notice.
Omise may retain all funds held in the merchant’s balance for up to 12 months after the termination to cover for potential disputes, fines or refunds.
Most aspects of the agreement are still enforceable after the termination. Among others, we are still bound by the confidentiality agreement and the merchant is still liable for any future disputes for payments made before the termination.