1. “Kamana Sewa” or “The Bank” means “Kamana Sewa Bikas Bank Limited”. Service provider of QR
based
payment service upon request of the merchant.
2. The Merchant” means the individual or company or firm who request to the Bank for
registration in QR based payment service provided by the Bank.
3. Issuer refers to the Bank or none Bank in the payment network who issue Mobile Banking
App.
4. “QR based Payment” means a contactless payment where payment is performed by scanning a QR
code from the Mobile Banking App or We Chat App or Wallet App.
5. “App User” means a person who have using Mobile App or We chat app or Wallet App.
Conditions:
6. The Merchant agrees to permit a “App User” for the payment of good and services normally sold
by Merchant.
7. The Merchant acknowledges that any purchase from QR by using Mobile Banking App or We Chat or
Wallet App, the App User creates direct obligation on Kamana Sewa Bikas Bank Limited to pay the
bill.
8. Merchant agrees the prices charged to App User will not exceed prices charged to the Public
or will not include any surcharge.
9. The Merchant agree to display stickers and any others standard payment network brand logo and
to maintain promotional materials supplied from time to time by Kamana Sewa Bikas Bank Limited.
The Merchant right to display such stickers as long as the merchant agreement remains and
unterminated.
10. The Bank will charge the Merchant with appropriate fee as agreed in the QR Merchant
Registration form which may change from time to time. The fee will be debited from the
merchant’s account or the fee will be directly credited to commission account of the Bank at the
time of transaction and Merchant account shall be credited by the net amount after deduction of
applicable fee.
11. Whenever the Merchant offers discounts on certain products and services, merchant agrees to
provide such discounts to QR pay customers unbiasedly.
12. The Merchant agrees to support Bank by providing all necessary documents and information for
resolution of any payment disputes lodged by its customer on account of QR based payment. For
any dispute case unresolved due to whatsoever reason, the merchants hereby authorized the Bank
to make final decision and thus the Merchant shall abide by such decisions made by the Bank.
13. All the disputes and differences relating to charges or claims arising out of payment
transactions or as to interpretation or enforcement of this agreement shall be subject to the
exclusive jurisdiction of the courts of Nepal.
14. The Merchant will indemnity and not hold Kamana Sewa responsible for any claims, demands,
actions, suits
or
proceedings, liabilities, losses, costs, expenses, legal fees
or damages asserted against Kamana Sewa Bikas Bank Limited by the Member because of acts or
omission
by the
Merchant in connection with sale of goods and
services (by the Merchant) and the performance of this Agreement. The indemnity provide herein
shall
service
the
termination/cancellation hereof in so far as it
pertains to events which transpired during the substance hereof.
15. The Merchant agrees that any charge accepted by Kamana Sewa if proved to be uncollectable on
any
following
circumstances shall be the financial responsibility of
the Merchant. The Merchant agrees to the non-payment of such charges or the charging back such
uncollectable
charges by Kamana without any demur or protest
by debiting Merchant’s account maintained with any branches of Kamana Sewa BiKas Bank Limited or
by
adjusting in
future payments.
• Any charge which a Valid charge is not as defined hereinabove.
• Any charge incurred outside the territory authorized for the use of the Mobile Banking System
of
the Bank.
• Any charges for merchandise or services in an amount more than the advertised price.
• Charges for undelivered merchandise or services.
• If the Merchant fails to comply with any of the terms and conditions spelled in this
agreement.
16. Kamana Sewa Bikas Bank Limited shall be absolutely entitled at its discretion from time to
time
to add,
delete or modify any of terms and conditions contained herein
by written prior intimation thereof to the Merchant. Such Changes, additions, deletions or
modifications
shall
be binding on the Merchant.
17. This agreement supersedes all previous agreement between Bank and the Merchant. It shall
remain
it
effects
until terminated by Merchant with a written notice in
advance of 30 days. The Bank will be entitled without noticed and without being required to
prove
actual
breach,
to terminate this agreement immediately. In the event
of the Merchant not transacting any business from QR for a continuous period of 3 months, the
Bank
reserve
the
right to terminate the Merchant without any prior notice.
18. By signing this application, the Merchant represents that the signatory hereof has full
authority to do
so
and execution of this Agreement by a signatory hereof creates
a fully binding obligation on the Merchant.
19. The rights obtained herein under this agreement are not assignable or transferrable without
prior
written
approval of the Bank.
