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Merchant Agreement Template for Malaysia

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Key Requirements PROMPT example:

Merchant Agreement

"I need a Merchant Agreement for my Malaysian e-commerce platform that will launch in March 2025, supporting multiple payment methods including credit cards, e-wallets, and QR payments, with specific provisions for cross-border transactions and multi-currency processing."

Document background
The Merchant Agreement serves as the foundational contract for establishing payment processing relationships in Malaysia's commercial landscape. This document is essential when a business wishes to accept card payments or other electronic payment methods through a payment service provider. The agreement encompasses crucial elements including payment processing terms, fee structures, settlement procedures, and compliance requirements with Malaysian regulations such as the Payment Systems Act 2003 and Personal Data Protection Act 2010. It also addresses international payment network standards while considering local business practices and regulatory requirements. The Merchant Agreement is particularly important given Malaysia's growing digital payment ecosystem and the need for clear contractual frameworks that protect both service providers and merchants while ensuring regulatory compliance.
Suggested Sections

1. Parties: Identification of the merchant and the payment service provider/acquirer, including full legal names and registration details

2. Background: Context of the agreement, including the nature of the merchant's business and the payment processing services to be provided

3. Definitions: Detailed definitions of technical terms, industry-specific terminology, and key concepts used throughout the agreement

4. Services: Detailed description of payment processing services, including supported payment methods and currencies

5. Merchant Obligations: Core responsibilities of the merchant including compliance with security standards, transaction procedures, and operational requirements

6. Provider Obligations: Core responsibilities of the payment service provider including service levels, support, and processing commitments

7. Fees and Payment Terms: Structure of processing fees, payment settlement timeframes, and related financial terms

8. Security Requirements: Mandatory security protocols, PCI DSS compliance requirements, and data protection measures

9. Chargebacks and Disputes: Procedures for handling transaction disputes, chargebacks, and related merchant responsibilities

10. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

11. Representations and Warranties: Legal assurances provided by both parties regarding their capacity and authority

12. Liability and Indemnification: Allocation of risks and responsibilities between parties, including indemnification obligations

13. Confidentiality: Protection of confidential information and trade secrets

14. Governing Law: Specification of Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Equipment and Software: Details of payment terminals, software, and related equipment if provided by the payment service provider

2. Multi-Currency Processing: Additional terms for handling multiple currencies if the merchant operates internationally

3. Integration Requirements: Technical specifications for integrating with e-commerce platforms or point-of-sale systems

4. High-Risk Activities: Additional requirements for merchants operating in high-risk industries

5. Value-Added Services: Terms for additional services such as analytics, fraud prevention, or loyalty programs

6. Insurance Requirements: Specific insurance coverage requirements for certain types of merchants

7. Data Localization: Specific requirements for local data storage and processing if required by Malaysian regulations

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of all applicable fees, including processing fees, setup fees, and special charges

2. Schedule B - Technical Specifications: Technical requirements for payment processing, including API specifications and integration requirements

3. Schedule C - Service Level Agreement: Detailed service levels, response times, and performance metrics

4. Schedule D - Security Protocols: Detailed security requirements and compliance procedures

5. Schedule E - Prohibited Activities: List of prohibited business activities and restricted merchandise

6. Schedule F - Operating Procedures: Detailed procedures for daily operations, including transaction processing and settlement

7. Appendix 1 - Form Documents: Standard forms for merchant applications, change requests, and other routine documentation

8. Appendix 2 - Compliance Checklist: Checklist of regulatory and security compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Retail

E-commerce

Food and Beverage

Travel and Hospitality

Healthcare Services

Professional Services

Entertainment and Recreation

Education

Transportation

Digital Services

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Operations

Risk Management

Commercial

Business Development

Merchant Services

Technology

Treasury

Accounts Receivable

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Operations Manager

Payment Operations Director

Risk Manager

Commercial Director

Business Development Manager

Merchant Services Manager

Technology Integration Manager

Treasury Manager

Accounts Receivable Manager

E-commerce Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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