Law Name：Matters to be Included and Excluded in the Online Transaction Standard Form Contract for Third-Party Payment ServicesCH
Promulgated by Order Jing-Shang-Zi No.10202443920 of the Ministry of Economic Affairs on January 13, 2014
Law Content:
These Matters apply to the standard form contracts for the consumers' use of third-party payment service concluded between the third-party payment enterprises regulated by the Ministry of Economic Affairs and consumers.
The term "Third-Party Payment Enterprises" as used in these Matters refer to the enterprises who structure internet platforms which are provided to internet transaction consumers for their online payment activities.
The term "Third-Party Payment Service" as used in these Matters refers to the service of the third-party payment enterprise who upon occurrence of online transactions receives proceeds of online transactions and then forwards the proceeds to the recipients according to instructions of consumers.
I.Matters to be Included in the Online Transaction Standard Form Contract for Third-Party Payment Services:
The term "Third-Party Payment Enterprises" as used in these Matters refer to the enterprises who structure internet platforms which are provided to internet transaction consumers for their online payment activities.
The term "Third-Party Payment Service" as used in these Matters refers to the service of the third-party payment enterprise who upon occurrence of online transactions receives proceeds of online transactions and then forwards the proceeds to the recipients according to instructions of consumers.
I.Matters to be Included in the Online Transaction Standard Form Contract for Third-Party Payment Services:
1.Information on traders
Name, responsible person, website, business address, telephone, email, contact method of customer service and service hours of the third-party payment enterprises.
2.The principle of interpretation of standard form contract
In case of any doubt, the provisions of the contract shall be interpreted in the manner favorable to consumers.
3.Declaration of intent by electronic documents
The third-party payment enterprise and consumers may use electronic documents as a declaration of intent. If contents of the electronic document exchanged under the contract can be presented in its integrity and can be accessible for future reference, the validity of such electronic document shall be the same as a written document, unless its application is excluded by law or by the announcement of the administrative authority.
4.Contents and fees of the third-party payment service
Contents of the third-party payment service shall contain payment instruments available, charge items, charge methods, charge standards, charge amounts, payment procedures, methods of withdrawal from payment account, and the depositing bank of the deposit account exclusive for the payment funds, and the custody mechanism of the proceeds (if any) shall be explained.
5.Calculation of exchange rate
All payments of consumers shall be settled in NT dollars. If the payment is made in currency other than NT dollars, thus involving the currency exchange rate, the exchange rate quoted at the agreed time point by the cooperative exchange settlement bank it uses as the reference shall be stated.
In case of change to the rule of calculation of applicable exchange rate, the third-party payment enterprise shall notify the consumers on its accord and shall set forth the proper settlement mechanism in respect of the dispute over the reference exchange rate.
If the third-party payment enterprise is entrusted to make declaration of online transactions involving foreign exchange receipt/expenditure or transactions, the consumers shall entrust the enterprise or the cooperative bank to make declaration to the central bank and agree to provide the information required for the settlement of foreign exchange. If the data process service enterprise entrusted to process cross-border online transaction has obtained the certificate of satisfactory assessment, the business scope and the validity of such certificate of satisfactory assessment shall be stated.
6.Protection of payment amount
The third-party payment enterprise shall provide either of the following protective measures for the payment amounts of consumers and disclose the same at apparent place of the service webpage.
The payment has obtained full performance guarantee from ___ financial institution for the period from ___ (MM)____(DD) ____(YYYY) to ___ (MM)____(DD) ____(YYYY). The third-party payment enterprise shall renew the full performance guarantee contract with the financial institution two months before the expiration thereof.
The full amounts of payments have been deposited in the trust account as agreed in the trust contract with ____ trust enterprise for exclusive use of such fund. The term "exclusive use" as used herein refers to the use exclusively for the performance of the third-party payment enterprise under the third-party payment service contract.
7.Authentication of identities of consumers
The identity information submitted by consumers for authentication may not contain false information.
The third-party payment enterprise having membership system shall establish the mechanism of consumers' identities.
8.Reconfirmation and subsequent checking of payment instruction
The third party payment enterprise shall, before the completion of payment, provide the consumers with the reconfirmation mechanism for the payment instruction of the consumers, and the consumers shall confirm whether the payment instruction is correct according to such mechanism.
After completion of each payment, the third-party payment enterprise shall notify the consumers of the payment details by email or other agreed method, and shall every month send the statement of payment details in the previous month or provide in a timely manner the webpage for inquiry to the payment details for the consumers to make inquiry at any time.
9.Process of payment error
If an error occurs to the payment for cause not attributable to consumers, the third-party payment enterprise shall assist the consumers in making correction and provide other necessary assistance.
If an error occurs to the payment for cause attributable to the third-party payment enterprise, the third-party payment enterprise shall make correction immediately upon the learning of the error and shall notify the consumers thereof by email or in a mutually agreed manner.
If an error occurs to the payment for cause attributable to consumers, such as the consumers input wrong amounts or input wrong recipients, the third-party payment enterprise shall, upon notice of the consumers, immediately assist in the process thereof.
10.Information security
This third-party payment enterprise shall set forth the accreditation standards for information security it has obtained.
The third-party payment enterprise and the consumers shall each ensure the security of the information system to prevent from illegal intrusion, acquisition, tampering or destruction of business records or personal information of consumers.
In respect of the dispute arising out of hacking of the protective measure of the information system of the third-party payment enterprise or the use of loophole of the information system by a third person, the third-party payment enterprise bears the burden of proof of non-existence of such facts.
The damage to consumers resulted from the intrusion into the information system of the third-party payment enterprise by a third person shall be borne by the third-party payment enterprise.
11.Termination of contract or suspension of service by the third-party payment enterprise
Under the following circumstances, the third-party payment enterprise may terminate the contract or suspend its service:
(1)Substantial evidence shows that the consumers use their payment accounts to engage in fraud, money-laundering or other illegal activities.
(2)The payment is seized by ruling of a court or order of a public prosecutor.
(3)It is verified that the consumers provide false identity authentication information.
12.Termination of contract by the consumers
The consumers may terminate the contract from time to time in the mutually agreed manner.
13.Handling of the unauthorized use of account password
Immediately after the knowledge of the unauthorized use of their account passwords, the consumers shall notify the third-party payment enterprise thereof.
Immediately after the knowledge of the unauthorized use of account passwords of consumers, the third-party payment enterprise shall notify the consumers thereof and suspend the payment activities instructed by such accounts and suspend the acceptance of subsequent payment instructions of such accounts.
The third-party payment enterprise shall post at a conspicuous place on its service webpage the channel of notice of unauthorized use of a customer's account password, including telephone and email etc. Except for circumstance of Force Majeure or other material case, the service hours of the notice channel shall be 24 hours a day all year round.
The loss incurred after the consumers have completed the procedure for the handling of unauthorized use of their account passwords shall be solely assumed by the third-party payment enterprise. For the loss incurred before the procedure for the handling of unauthorized use of account passwords of consumers, the amount or percentage in respect of the part or all of the loss to be solely assumed by the consumers shall be provided for in the contract by agreement between the third-party payment enterprise and the consumers.
The part or all of the loss to be solely assumed by the consumers under this preceding paragraph shall be subject to the following circumstances:
(1)The consumers fail to keep carefully their account passwords.
(2)The consumers provide their account passwords to others on their accord.
(3)The consumers fail to use the security mechanism provided by the third-party payment enterprise.
(4)Other cause of intentional or gross negligence of the consumers.
Expenses incurred for investigation of the unauthorized use of account password of the consumers shall be borne by the third-party payment enterprise.
14.Dispute settlement
The third-party payment enterprise shall provide in the contract the complaint and settlement mechanism and procedure adopted for the consumer disputes and the information on contact details such as telephone and email.
15.Modification of provisions of contract
If the third-party payment enterprise desires to modify contents of the contract, it shall make announcement of such modification at a conspicuous place on its website and shall notify the consumers thereof by email or in a mutually agreed manner.
The modification of the contract without the announcement and notification given by the third-party payment enterprise under the preceding paragraph shall be ineffective.
II.Matters to be Excluded in the Online Transaction Standard Form Contract for Third-Party Payment Services1.The contract may not restrict the exercise of rights to personal information
The contract may not provide that consumers waive or are restricted on the exercise of the following rights to personal information:
(1)Inquiry and request for review;
(2)Request to make duplications;
(3)Request for supplement or correction;
(4)Request to discontinue collection, process or use;
(5)Request for deletion.
2.Prohibition on unilateral modification of contract
The contract may not contain the provision that the third-party payment enterprise may unilaterally change the service contents and the consumers may not raise objection thereto.
The contract may not contain contents that the third-party payment enterprise may unilaterally modify the contract.
3.Prohibition on a waiver of the contract review period
The contract may not provide that consumers waive their rights to the contract review period.
4.The contract may not contain the arbitrary rescission or termination of contract and relief of compensation liability
The contract may not provide that the third-party payment enterprise may arbitrarily rescind or terminate the contract.
The contract may not provide in advance that the third-party payment enterprise is relieved from compensation liabilities to be assumed by when the contract is terminated or rescinded.
5.The rights of consumers to the rescission or termination of contract
The contract may not provide that the consumers waive or are restricted on the rights to the rescission or termination of contract as empowered by law.
6.Prohibition on the agreement on exclusion of evidences.
The contract may not provide that in case of dispute, the electronic document kept by the third-party payment enterprise shall be used as the exclusive evidence to determine relevant facts.
7.Advertisement
The contract may not provide that the advertisement does not constitute the content of the contract nor provide that the advertisement is for reference only.
8.Court of jurisdiction
The contract may not contain the exclusion of the application of the court of jurisdiction for small claim litigation under Article 47 of the Consumer Protection Act or Article 436-9 of the Code of Civil Procedure.