Maya Business App - Terms and Conditions

Maya Agent Terms and Conditions

Updated as of March 2, 2023.
These Terms and Conditions shall be valid and applicable to all Maya Agents.

1. DEFINITION OF TERMS

Unless the context otherwise requires, the following terms used in this Agreement shall have the following meanings:

A. “PayMaya Philippines, Inc.” or “Maya” – operator of Maya Card System, and Maya Center Agent; a non-bank financial institution regulated by Bangko Sentral ng Pilipinas (BSP)

B. “Account Holder” – refers to the principal Maya Account holder whose Account may be evidenced by and/or Maya Card and/or linked/accessed by a mobile phone.

“Card Network” – refers to Visa, MasterCard or any payment networks linked to a card used for payment transactions.

D. “Commission” – an amount credited to Partner account as sales commission for performing Services for Maya.

E. “Customer” – refers to the customers availing the product and services of the Partner.

F. “KYC” – procedure whereby the Partner must perform the BSP and AMLC-mandated Know-Your-Customer activity on customers who will perform cash-in, cash-out, and other services as prescribed by Maya. This includes collection of Customer’s information, photo of the Valid ID presented and photo of the actual Customer, through the system/tool and transaction slip (as applicable) provided by Maya, and validation of Valid ID presented by the Customer.

G. “Master Aggregator” or “MA” – a partnered third-party entity that performs Account Management Services, Acquisition and Activation of Agents, and other services, on behalf of Maya.

H. “Maya Account” – an Account/ digital wallet that stores Philippines Peso (Php) value which resides in the Maya Card System; can be an Account which may be linked to the subscribers’ mobile phone, and which may or may not be evidenced by a physical Maya card. Functionalities include, but are not limited to, transfer of funds, over-the-air reload of airtime, bills payment, top-up of Maya credits, and balance inquiry.

I. Maya Center Account” – account assigned to the Partner in the Maya Card System to be used as source account for Cash Loading and Cash Out Services, over-the-air reload of airtime, encashment and top-up of Maya credits, QR payment acceptance, and bills payment services.

J. "Maya App” – Also Maya App. This is the application and platform provided by Maya for Partners to perform transactions.

K. “Maya Center Agent” – May also be known as the Smart Padala Agent. Refers to the Partner, which is a business establishment accredited by Maya to accept QR payments for such business establishment’s sale of goods and/or services, transact remittance and bills payment services, top-up of Maya credits, sale of over-the-air reload of airtime, online gaming pins and other enabled Services through the Maya App.

L. “QR Code” – a quick response code issued by Maya to a Partner, wherein if used, would refer to the payment details of the Partner.

M. “QR Payment” – is a service of Maya wherein a Customer may pay any availed product or serviced through the scanning of the Partner’s assigned QR Code through their Maya App.

N. “Maya Card” –Refers to the virtual or physical cash card issued under a Card Network, wherein Card is connected to a Maya Account.

O. “Maya Card System” – the card processing system, hardware or software necessary for facilitating Maya operations.

P. “Remittance and Transfer Company” – refers to any entity that provides Money or Value Transfer Service. This includes performing activities as Remittance Agent, Remittance Platform Provider, and/or E-Money Issuer.

Q. “Mobile Phone” – a handheld device that is used for making and/or receiving calls, messages, operating systems where applications are used and other features with or without physical connection to a network.

R. “Maya Center Remittance” – transfer money from a Maya Center Account to another Maya Account or Maya Center Account

S. “Maya Centers” – a venue where a walk-in Customer may avail of the Maya Center Services.

T. “Maya Center Posters” – refers to all Maya provided posters regarding, but not limited to, Maya Center and Maya processes and compliance & fraud awareness programs.

U. “Maya Center Services” – Refers to the types of financial services issued and authorized by Maya, whether international or domestic. These services can be availed of by using the Maya Center Account or a Mobile phone with a Maya Account, such as, but not limited to, Cash Loading and Cash Out Services, over-the-air reload of airtime, encashment and top-up of Maya credits, QR payment acceptance, and bills payment services. May also be collectively called ”Services.”

V. “Maya Center Transaction Slips” – refers to transmittal slip showing customer mandatory information and transaction details.

W. “SPU” – refers to Smart Padala University which is a program that focuses on the entire training experience of an agent from recruitment to orientation to re-training, etc. For clarification, when referring to a specific portion of SPU in this document, it will be indicated as SPU “portion” i.e. SPU orientation, SPU recruitment. May also refer to “Maya Center University.”

X. “SMS Notification” – a short message service that notifies Customer of all Maya transactions made by using the Maya Card or a mobile phone with a Maya Account.

Y. “Super Agent and Remittance and Transfer Company (RTC) License” – refers to the issued licenses of Bangko Sentral ng Pilipinas to Maya to accredit and enable its Money-In and Money-Out or Maya Center Agents to perform remittance services.

Z. “Face-To-Face (In-Store) Purchase” – refers to in-store transactions made through the Maya Card and/or through mobile phone using QR Code where Maya account is linked that is presented with Partner for payment of goods and services.

AA. “Partner Accreditation” – refers to the step wherein the Partner and Maya will enter into a formal Agreement signed by the authorized signatories of both parties. Refers also to the step taken by Maya to verify the authenticity and eligibility of the Partner to become an accredited Partner of Maya.

BB. “Merchant Discount Rate or MDR” – refers to the fee charged by Maya to the Partner for every transaction as a percentage of the ticket amount.

CC. “Partner Settlement Account” – refers to a Maya Account or a bank account where the actual payments are being credited to the Partner For QR Pay, payment transactions made via Maya are credited to Partner’s Settlement Account less the Merchant Discount Rate prior to being transferred. Partner shall follow the terms of service stipulated in this link https://www.maya.ph/terms-and-conditions for Maya accounts.

DD. “Mobile Payment” – refers to a payment transaction using the Maya Account. The Account Holder uses his/her mobile phone to transact payment.

EE. “Maya App/Maya Web Portal” - mobile application owned and serviced by Maya, that serves as the interface between the Account Holder and his/her Maya Account.

FF. “Point-of-Sale or POS” – refers to the device or terminal provided by Maya, used to accept and process card payments.

GG. “QR Pay” – service being offered by Maya that allows the Partner to accept QR Payments through the QR Code.

HH. Partner “Transaction” – refers to any and all acts that the Account Holder performs to its Maya Account to avail of the Services that Maya offers.

II. “Transaction Amount” – refers to the sum of money which an Account Holder uses in order to effect the Transaction.

JJ. “Transaction Request” – refers to the request of an Account Holder to effect a Service in his/her Account.

KK. “Sender/s” – refers to a person who sends money using the Maya’s remittance service.

LL. “Recipient/s” – refers to a person to whom money or value is paid or credited through the Maya’s remittance service

MM. Card Transaction – refers to any and all acts that the Account Holder performs to its Maya Account using his/her Maya Card .

NN. “Payment Request” – refers to the request of an Account Holder to effect a payment to his/her account, such as, but not limited to, bills payment requests.

2. PARTNERSHIP STRUCTURE

Partner shall offer the services in all its branches in the Philippines using the Partner’s Maya Center Account/s.

For purposes of this Agreement, Partner may include additional branches provided, Partner submits all documentary requirements and a prior written approval from Maya has been obtained. In case of breach by the Partner of the provisions of this section, the Partner shall be subject to the penalties and sanctions set forth in this Agreement.

3. APPOINTMENT OF MASTER AGGREGATOR

Maya may appoint a Master Aggregator (“MA”) to perform Account Management services. The Partner hereby expressly, unequivocally, and voluntarily accepts the MA’s jurisdiction and authority over it and its authority to perform the Account Management Services over its operations.

The Partner represents and warrants that:

It will submit to the MA on the latter’s performance of the Account Management Services;
It will cooperate with the MA at all times by:
1. giving the MA all information and documents required by it to perform its Account Management Services;
2. entertaining and responding promptly to all of MA’s queries, as far as warranted and covered by its obligations under this Agreement;
3. collaborating with MA in any fraud or criminal investigation it may conduct;
Liaise with the MA’s Agent Coordinator at all times.

4. GENERAL TERMS AND CONDITIONS

This Agreement governs the terms under which the Partner may access and use the products of Maya, which includes the Maya Card, Maya Center Services such as, but not limited to, Bills Payment, its website and Maya App and the services associated with it. By accessing, registering or using the Maya Center Services, the Partner agrees to be bound by the terms of this Agreement.

Continuous use of the Services of Maya shall be dependent upon the submission of the Partner of complete documents as required by Maya and/or written in the Application/ Enrollment Form. These documents must be submitted within a period of ninety (90) days from execution of the Agreement. If the complete list of document/s is/are not submitted within the said period, Maya shall have the option to hold the settlement balances or suspend the Partner until such time that all the required documents are submitted. If after thirty (30) days from the time of holding of settlement or suspension, the required documents are still not submitted, Maya shall have the right to terminate this Agreement and cease all its services immediately upon notice to the Partner.

Maya reserves the right to modify, suspend, stop or terminate any of its Service without notice, at any time and from time to time.

Maya may impose limits on the Transaction Amount, subject to fifteen (15) days prior notice to the Partner and/or Account Holders. Maya may do so on a per Transaction basis or on an aggregate/combined (for Account Holders with duplicate and/or multiple accounts) basis, or on a daily, weekly or monthly basis and either in respect of each Service that the Partner requests. In the same way, Maya may approve purchases, service transactions, or other Card transactions which in the aggregate cause the card usage to exceed the limit without waiving any of Maya’s right hereunder.

Partner shall ensure that the Owner/ Authorized Signatory shall link and use the Maya card in the Maya Center Account. Use of a third party/another person of the Card is prohibited by Maya, and any liabilities or damage/s suffered because of the use of a third party shall be the sole responsibility of the Maya Center Account’s Owner/ Authorized Signatory.

Maya reserves the right to verify any activity that is done through the Services, especially if it involves compliance with the Anti-Money Laundering (AML) laws or with other laws, rules or regulations. This is applicable for Transactions executed by the Partner, which may be for the customer or for the Account Holder for Sending Money, Receiving Money, Bills Payment and/or other Services.

Delivery times as stated in service levels or elsewhere on the website or collaterals of Maya are representative of a “normal” or average service and are not a guarantee of an individual Service or transaction time. Maya will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: efforts to verify the Partner’s and/or the Account Holder’s identity; to validate Transaction instructions; to contact the Partner and/or the Account Holder; or due to variations in business hours and currency availability; or otherwise to comply with applicable law.

Maya is not obliged to process any particular transaction including the Bills Payment service provided to customers. When Partner submits a Transaction Request, the Partner is requesting for processing the Transaction on behalf of the Partner and consenting to the execution of the Transaction. Maya may, in its sole discretion, choose whether or not to accept the offer to process that Transaction. If Maya decides not to process the Transaction, the Partner will be promptly notified of this decision and repaid the Transaction Amount received by Maya, provided there is no law that prohibits from doing such. Maya may also suspend or cancel processed Transactions at its sole discretion. For Bills Payment, only bills, statement of accounts, or an equivalent document issued by the accredited Partners shall be accepted for payment. The Partner shall be responsible for informing the Account Holder or customer as to whether the bill is issued by an accredited Partner.

Maya may, in its absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if: (a) Maya is unable to verify the identity of the Partner and/or the Account Holder and/or customer; (b) Maya is unable to verify the identity of the Recipient; (c) Partner does not comply with information requests pursuant to clause 3.4; or (d) Maya reasonably believes the Partner is using the Service, or allowing it to be used, in breach of this Agreement or any applicable laws, rules or regulations.

If Maya executed the Transaction in accordance with the instructions the Partner has provided, and that information proves to have been incorrect, Maya is not liable for the incorrect execution of the Transaction. Maya may charge the Partner a reasonable fee, reflective of Maya’s efforts, to do so. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time the Partner pays Maya the Transaction Amount and the time of credit.

Maya shall have the right to automatically suspend or block the Transaction in the event that Maya has reason to believe that the transaction may be illegal or used for fraudulent or suspicious businesses or by an unauthorized person. Maya may, but shall not have the obligation to, inform the Sender or the Account Holder or the customer prior to suspending or blocking the transaction pursuant to this clause. The Sender or the Account Holder or the customer acknowledges the authority of Maya to suspend or block the transaction and accordingly, the Sender or the Account Holder or the customer shall hold Maya free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which the Sender or the Account Holder or the customer may suffer as a result thereof. This is applicable whenever the Transaction is executed by the Partner or that of customers availing of the Bills Payment and/or other Services.

A copy of this Agreement may be accessed through the Maya App referred to in this Agreement and the official Maya website, and may be updated from time to time.

TRANSFER OF VALUE. A Partner may transfer value from his/her Maya Center Account to another Maya Account and/or other accredited Partners using the Maya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel. Once authenticated and logged-in to the Maya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel and once the transfer is consummated therein, the transfer of any value and/or any activity is deemed valid and cannot be disputed by the Partner. The transfer of value is subject to send money amount limits. Transfer is limited to one (1) Instapay transaction per day and subject to a transfer limit of P50,000 daily. The request shall be considered valid and final upon authentication of user. Customer Service of Maya may call you if there is a need to verify the transaction. Fees may be applicable when using this service. Waiver of fees shall be at the discretion of Maya which may be changed upon notice to the User. Transfers shall be final once you click ‘Submit”.

To process your request, Maya shall collect personal information each time you send money to another bank account, including the your recipient’s personal information, account number and recipient’s mobile number and purpose of the transaction. Gathering this information help us carry out the obligation to credit the funds to the right recipient. This information shall also be shared to your recipient’s bank in order to fulfill the fund transfer request.

5. MAYA CENTER SERVICES

A. Maya Mother Account

Maya shall provide Partner with Maya Center Account that shall be used by the Partner to engage in the Services as defined above and in the Annexes of this Agreement

B. Fulfillment Services

Partner shall act as a fulfillment channel for Services offered by Maya Center.
The Partner’s Maya Center Account shall act as the fund source for performing Maya Center transactions.
Crediting of Commission. The Partner is entitled to receive commission for Services as identified by Maya. Commission will be credited to the registered Maya Center Account of the Partner.
Service Fees. The Partner will be charged with service fees as identified by Maya.
Customer Rates. The Partner shall follow required rates to customers. Violation of this term may be subject to temporary or permanent deactivation of the account or termination of this Agreement, without prejudice to other remedies available to Maya under this Agreement.
Deactivation of Account. Deactivation of account will depend on the violations committed by the Partner and evaluation of Maya. Maya has the right to conduct a regular evaluation of the performance of the Partner and Maya has the right to suspend or terminate the Account of the Partner if the account is not cost effective or there are events of breach in the Account.

C. Know Your Customer (KYC) Transaction

The Partner must have a reliable and acceptable customer identification system either on a digital platform or through a physical copy of the documents with the ability to provide customer information within 24 hours upon request by Maya.
The Partner shall obtain the complete customer information that Maya requires as part of the regulatory requirements.
The Partner shall request for a clear copy of the Customer’s valid ID/s (which must be one (1) Primary ID or two (2) Secondary IDs) and perform validation against the customer information provided.
The Partner shall conduct face-to-face KYC of both the remitter/sender and the beneficiary by exercising due diligence in checking the details in their submitted forms and ID versus the customer/individual availing the remittance service.
The Partner shall input the customer’s accurate and complete information, document copies and other mandatory details in the provided Maya platform to ensure proper recording and system validation and screening of the customer.
If applicable, the Partner shall require the customer to fill-out a transaction slip and validate the information accordingly. Partner shall also ensure that all information are completely provided by the customer. The Partner shall keep a copy of the transaction slip and valid ID for a period of five (5) years from the date of the transaction. Maya has the right to collect transaction slips with supporting identification documents deemed necessary , as stated in Section 11.
Representatives of the partner shall have adequate and consistent training in the same level as those conducted by Maya i.e., SPU.
Maya has the right to perform periodic reviews on the KYC processes of the Partner and reserves the right to impose sanctions for inadequacy to meet the minimum standards as may be required by law or by Maya. Sanctions list are as stated in Annex A of this Agreement.
Should internal, external or BSP audit discover that there are irregularities or misrepresentation in the conduct of the KYC, Partner shall be held liable to Maya for any damages it may suffer, notwithstanding other civil or criminal liability which may be imposed on the Partner.
The following shall be applicable to the Partner for outsourcing of the conduct of KYC, per BSP requirement:
1. Material development. The Partner shall immediately inform Maya of any developments which may have material impact on its ability to meet its obligations under this Agreement, including but not limited to any findings made by its internal or external auditors or any adverse legal actions filed against it.
2. Security breaches. The Partner shall undertake to implement an incident response process that will be called upon in the event of a security breach or other such incident affecting the service provided by the Partner to Maya. The process will involve contacting Maya within forty eight (48) hours upon discovery of the incident.
3. Business continuity plan. The Partner shall regularly submit its Business Continuity Plan or Disaster Recovery Plan and Data backup procedures covering business continuity contingency measures, subject to Maya’s approval. The Partner shall provide regular updates and confirmation duly signed by Partner authorized officer indicating the date as to when the back-up procedures of data has been executed.
4. Transition. Upon termination of this Agreement, at the request of Maya, the Partner shall provide the necessary transition assistance in the winding up of the services being provided and turn-over of such services to Maya or other service provider, including, but not limited to, the return or destruction of any and all information about Maya, its operations and processes acquired by the Partner as a result of or in relation to the provision of services under this Agreement. Maya reserves the right to send its duly authorized representatives to the offices of the Partner to ensure that all such information have been returned/ destroyed.
5. Right of access/right to inspect. Upon prior notice, the Partner agrees to allow Maya, through its authorized representative/s, auditor (internal or external), as well as examiners of the Bangko Sentral ng Pilipinas (BSP), to visit and enter the premises of the Partner at reasonable times and subject to the Partner’s security measures, to inspect its records, finances, properties and operations. Auditors shall be allowed access to information regarding the outsourced service or activity which they need to fulfill their responsibilities. BSP shall be allowed access to the operations of the Partner in order to review the same in relation to the outsourced service or activity.
6. Audit findings. The Partner shall immediately take the necessary corrective measures to comply with the findings and recommendations of the BSP examiners, internal/external auditors of Maya and/or its own auditors.
7. Change of ownership. The Partner undertakes to inform Maya if any change of ownership, assignment, attachment of assets, insolvency or receivership of the Partner. Maya reserves the right to terminate this Agreement in accordance with Article 30 of this Agreement.
8. Segregation of Data. The Partner shall ensure that it has all processes to comply with the requirements of the law, rules and regulations, particularly, with regards to data processing, management and security. The Partner shall ensure that MAYA’s data shall be separated from Partner’s own data and that of its other clients. Co-mingling of data shall be strictly prohibited. Further, the Partner may keep the data only as long as necessary to perform its obligations under this Agreement.

D. Disputes and Erroneous Transactions

The details in the SMS/text confirmation message after every transaction and/or the entries in the Statement of Transactions are presumed true and correct unless Customer or Partner notifies Customer Hotline, Maya Center Hotline and/or other designated channels of any disputes thereon within fifteen (15) calendar days from the date of transaction, whereas Customer or Partner shall follow the set Maya instructions to properly and effectively file the dispute. If no dispute is reported within the said period, all transactions and the entries in the Statement of Transactions are considered conclusively true and correct.

Any of the following shall serve as confirmation of payment and successful completion of Maya Center-related transactions:

The official transaction slip issued by Maya signed by both the Partner and the Account Holder/ Customer, as applicable.
An SMS from Maya Center containing the transactions details will be sent to the Account Holder/ Customer.

Official Maya system records will be the main basis for conducting investigations for disputed transactions. Disputed transactions shall only be credited back to Account Holder/ Customer once the claim/dispute has been properly processed, investigated, and proven to be in favor of the Account Holder/ Customer. On the other hand, there shall be no reversals for transactions made through keyword- and/or menu-based commands and erroneous transactions made by the Partner.

For QR payments, transactions are authorized and conclusive between the Partner and Account Holder, when either one or all of the following conditions are met; a) the Account Holder’s signature appears on or is affixed on the sales slip for transactions or the Partner certifies that the Account Holder agrees to the Terms and Conditions of Use of Maya upon transaction, e.g. through SMS.; b) the password/PIN is successfully keyed-in for e-commerce, electronic and/or cellular phone-based transactions; c) SMS is sent from the Account Holder’s Mobile Phone; d) when the Account Holder has successfully unlocked his/her Maya Account for internet transactions; or e) once a user is authenticated and logged-in to the Maya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel; this shall be sufficient evidence that any and all activity has been made and validated, and cannot be disputed by the Account Holder nor the Partner. In above cases, the reference number in the SMS confirmation shall be the Account Holder’s proof of payment but not considered an issuance of a receipt in accordance with the Bureau of Internal Revenue requirement. Any dispute on the purchase or service rendered shall be settled between the Account Holder and the Partner without the involvement of Maya. Should the Partner and Account Holder agree on a refund, the Partner through its authorized representative shall contact Maya Business and provide the necessary details for Maya to check the transaction and make the necessary steps for the refund.

Maya, the Bangko Sentral ng Pilipinas, its partners, and any other Maya-authorized body will have the right to collect all business and technical information and data, and related documentation, in whatever form provided, recorded or unrecorded (i.e. transaction slips, logbook, etc.), within the next business day. In cases of the BSP or other partners and/or regulatory bodies directly coursing their requests to the Partner, Maya must be duly informed by the Partner of such requests.
Any loss arising from incorrect, inaccurate and failed execution of Maya Center services that are directly attributable to the Partner's negligence shall be settled by the Partner.

E. Marketing and Promotions

Partner shall ensure that Maya Center Services are promoted to Customers.
Maya shall deploy standard merchandising materials such as counter top displays, posters and other Smart Padala by Maya signages that may be mutually agreed upon by both Maya and the Partner. The Partner shall provide adequate advertising spaces, clearly visible to the public, in its branches such as, but not limited to, counters and entrances. Likewise, Maya may also display standard merchandising materials such as posters, take-one standees and fliers in the branches of the Partner.
The Partner hereby agrees to participate in loyalty/promotional programs which may be developed and implemented by Maya, without cost or expense to the Partner.
The Parties may also agree on joint marketing programs to promote the Maya Center Services.
The Partner may opt to create its own marketing programs to further promote the Maya Center Services, provided that the Partner seeks written approval from Maya prior to implementation and production of marketing materials. Maya shall not be liable in case of failure of Partner to fulfill Partner’s obligations under its own loyalty/promotional program and hold Maya free and harmless from any liability and claims from its customers/clients/sub-merchants and any third party.

F. Modes of Accepting Payments

Partner shall allow the Account Holder to purchase goods and/or services thru mobile payment, QR Payment, POS Terminals, and/or through the Maya gateway services. Goods and services offered by the Partner shall not violate any law and regulations set forth by the Philippines, including but not limited to remittance transactions and encashment of the customer’s Maya account balance, unless otherwise expressly authorized by Maya.
The selling price of any goods and/or services sold/rendered by the Partner to the Account Holder shall be the regular selling price or cost to cash customers without adding any percentage surcharge and without requiring the Account Holder to pay the whole or any part of the surcharge. However, with respect to "sales" or "special offers" wherein price of merchandise and/or service is reduced from the original price, Partner has the discretion to sell at the original price instead of "special offer" price for purchases made on any mode of payment listed above. All modes of accepting payments may be utilized to pay for the full or part of the selling price, provided that, in case of the latter, the balance of the selling price shall be paid in cash or in such other form as may be acceptable to Partner.
Partner shall at all times be responsible for the accuracy and correctness of any information contained in the printed receipt (if applicable). Partner hereby renders Maya free and harmless from any liability, claim or dispute which may arise in connection with such printed receipt.
Partner shall implement Maya-prescribed processes in the conduct of their business to prevent and identify fraud and money laundering activities. Partner shall notify Maya promptly and accurately as stated in Section 21 of this Agreement. Failure to notify Maya within the period given shall permit Maya to freeze payments to the Partner’s Maya Account/Partner Settlement Account, and/or terminate this Agreement without prior notice.
Partner shall be fully liable for damages incurred due to any fraudulent activity committed by the Partner or any of its officers, agents or employees.

G. Settlement of Payments

Maya shall settle to the Partner via the Maya Center Account; all payments made to the Partner shall be made available in the Partner’s Maya Center Account.
Maya shall, during the term of this Agreement, pay the Partner at such time/s determined by Maya according to the Service Level Agreement, the total amount of the QR Payment processed by the Partner through the Maya App which have been submitted less of:
1. the Merchant Discount Rate on all Transactions, as applicable; (Maya reserves the right to change the Merchant Discount Rate upon prior notice to the Partner)
2. the government taxes, if any;
3. the aggregate refunds or rebates granted to Account Holders, if applicable; and
4. all other amounts payable or due to Maya under this Agreement or otherwise Maya shall not be responsible for the withholding and remittance of applicable taxes to the Bureau of Internal Revenue on the income payment to the Partner.
All approval codes given to the Partner do not guarantee outright payment, there may be instance/s of fraud and/or disputes that may preclude such payment. If the Partner does not raise any objection to the settlement amount by Maya within thirty (30) days after the date Maya issues the check or credits the Partner’s account, the Partner shall be deemed to have accepted such amount as correct, provided that nothing in this section shall preclude Maya from correcting any error or discrepancy in such amount paid. It is the responsibility of the Partner to settle or capture the transactions in a timely manner since authorizations have a validity period. In cases where the Partner has a late settlement or non-settlement within the validity period, Maya reserves the right to forfeit settlement.
Subject to proof to the contrary, any payment by MAYA under this Agreement, whether or not the Partner has complied with all its obligations under this Agreement, shall be made without prejudice to any claims, rights or remedies that Maya may have against the Partner, and shall not constitute any admission or acknowledgement by Maya that the Partner has duly performed its obligations under this Agreement or of the correctness of the amount so paid.
If Partner is obligated for any amount payable to Maya under this Agreement and in case of failure or refusal of the Partner to pay due amount to Maya, Maya shall have the right to impose a one-time penalty fee of 5% of the due amount and a monthly interest fee of 3% of the due amount.

G. Settlement of Payments

Partner will receive SMS real-time for every purchase transaction made by the Account Holder.
If the settlement is via another bank account, the Partner will be provided a report the next business day.

I. Set-off

Partner hereby irrevocably constitutes and appoints Maya as attorney-in-fact, with full power and authority and without prior notice, to set-off or apply to the payment of Partner’s obligations from any funds which Partner, Maya or Maya’s subsidiaries and affiliates (Maya Bank, Inc. shall be considered as an affiliate of Maya for purposes of this Agreement) may have deposited or placed in Partner’s wallet or any account with Maya, which Maya may have in its possession or control, including but not limited to money added to Maya Center Account. Obligations may come from overdrafts, or if there is reasonable proof that the money was placed through gamifying promo/s of Maya, or unused amounts to be used up, in accordance with Maya's promo, or other such cases deemed as gamification or abuse of Maya’s products and services.

J. After Sales Escalation

For inquiries, concerns, or disputes regarding the Transactions arising from the use of any of the Maya Center Services, the Partner may contact Smart Padala/ Maya Center Hotline (as indicated in the official Smart Padala website), Maya’s Official Social Media account/s (with the “Verified” check mark to indicate validity/ authenticity), and/or the assigned Maya account officer.

K. Maya Card Reselling

The Partner shall be accountable for securing the Maya Cards upon receipt of the cards from the Maya representative or duly authorized courier prior to distribution to the customers.

Any request for replacement of lost, compromised, destroyed, damaged or defective cards shall be communicated to Maya in writing or electronic mail within five (5) business days, together with a surrender of the card for replacement (except for cases of lost cards). Maya shall process the replacement within five (5) to seven (7) business days, subject to fees (as stipulated in Annex C) and any delivery charges as applicable and upon submission of necessary documents, if any. The applicable fees and charges must be settled prior to delivery of the replacement cards.

Any losses arising from the lost, compromised, damaged, or destroyed cards that are directly attributable to the Partner's negligence or lapses in enforcement of security measures shall be of the Partner’s accountability and shall be settled by the Partner.

L. Password Management

It is the responsibility of the Partner to securely keep their PIN and/or Password, and shall not disclose their PIN and/or Password to any person or entity. Any fraudulent activity of the Partner and/or its agents, employees, officers, and authorized representatives such as but not limited to unauthorized sale, void and settlement, that brought about financial losses to the Partner is its sole responsibility.

M. Multi-User Access

MAYA shall enable the Partner to authorize other device/s to use its Maya Center Account at the same time for use of its personnel.

Any person provided access by the Partner to its Maya App is considered an authorized representative of the Partner.
The Partner shall duly appoint and authorize representative/s to use the Maya App following instructions and guidelines from Maya in providing user access to the representative.
The number of representatives allowed to be appointed by the Partner is as limited by the Maya App.
The Partner and its representatives ensure that access to the Maya App and the Partner’s Account is limited to the authorized users of the App by the Partner. It is also the responsibility of the Partner to remove any users in the Maya App, for applicable reasons such as but not limited to resignation or termination of the representative.
Use of the user access as appointed by the Partner shall mean that all transactions done by the other users are authorized by the Partner and are final. No disputes shall be entertained unless there is evidence that would prove otherwise.
Authorized representatives are subject to trainings, exams and certifications as indicated in Section 6, and audit as indicated in Section 16.
Once the Partner uses this feature, the terms and conditions as stated herein shall take place, together with other provisions in the Maya Center Terms and Conditions.

M. Multi-User Access

Maya may introduce additional or new features in the Maya App or additional or new services offered to customers (“Add-on”). These Add-on shall be used or performed in accordance with the terms and conditions in relation to the Add-on, which shall form part of this Agreement.

6. TRAININGS, EXAMS AND CERTIFICATIONS

During recruitment, the Partner will be provided basic compliance training and materials that discusses the potential risks, accountabilities and responsibilities of becoming a Maya Center Agent, including but not limited to Anti-Money Laundering and Anti-Terrorist Financing trainings. An acknowledgment receipt will be submitted to Maya confirming their undergoing of the training and receipt of materials as well as committing to attend the SPU orientation as an onboarding requirement if their application is approved.

As a final onboarding procedure, Partner must attend the SPU orientation and pass the test before being certified as an official agent under the Smart Padala by Maya brand. Failure to pass will require the Partner to attend the next SPU orientation. Repeated failures/absences to attend the SPU orientation will result in a temporary suspension of their account until they attend/pass. An official certificate will be issued to the Partner once they pass the SPU orientation. This only certifies their passing of the SPU test which reflects their understanding of the training given to them.

The Partner should have its own reliable and acceptable customer identification system and training program in place for its employees. The Partner shall undergo and comply with required trainings and certifications by BSP in relation to its remittance license and by Maya in relation to this agreement. Training shall include, but is not limited to, AML, KYC, Consumer Protection, Fraud Awareness and Maya Product Trainings. Partner shall also make themselves available for any other additional training requirements sanctioned and/or provided by Maya. Training, exams and certifications shall include, but not limited to, owners and employed front liners of the Maya Center Agent. Attendance, certificates and examination results shall be made available to Maya for reference and safe keeping.

7. EXCLUSIVITY

This Agreement is non-exclusive unless otherwise agreed by the Parties on specific service/s with a specific period. Partner shall use its best efforts to develop, promote and increase the Money Transfer Service and to promote and enhance the good will associated therewith and with the trade names, and trademarks.

However, should the Partner decide to enter into an agreement with another Party that directly offers competing services, such as, but not limited to, electronic money and remittance services, that encroaches the current customers and/or target market of Maya, a prior written approval must be obtained by the Partner from Maya.

8. FEES AND TAXES

The Partner will not be charged with service fees and maintenance fees for the use of the Maya Center service. In addition, the Partner will not be charged with dormancy fee for non-use of the Maya Center Account. However, accounts with no usage for six (6) months will be subject for review of Maya. Maya shall have the right to discontinue the access of the Partner to the Maya Center services depending on the assessment of Maya, without prior notice to the Partner. Maya also has the reserved right to impose charges such as services fees, maintenance fees, and/or dormancy fees in the future, subject to a 30-day prior notice to the Partner. For the detailed fees and charges on Maya Center services, see Annex B and Annex C.

Partners will be charged a set merchant discount rate of processing per transaction by Maya, as applicable.

All amounts payable under this Agreement shall be considered as inclusive of all fees, taxes, including value added tax (“VAT”), and all other liabilities to the government arising from or in connection with this Agreement.

As applicable, the Valued Added Tax (VAT), if any, shall be for the account of Partner. In the event that Partner will be required to withhold tax and remit the same to tax authorities, Partner can reimburse an expanded tax of 2% of the total Merchant Discount Rate from Maya provided that Partner shall first provide Maya with a copy of the basis or proof of the Partner’s obligation to withhold tax. Thereafter, the Partner shall furnish Maya with the corresponding Certificate of Tax Withheld not later than twenty (20) days after the end of each quarter.

All national and local taxes incidental to or arising from this Agreement which the national and/or local government of the Philippines are authorized to impose shall be for the sole Account of the Partner. In the event that Maya will be required to withhold tax and remit the same to tax authorities, Maya shall deduct the said tax from payments in relation to this Agreement. Maya shall furnish Partner with the corresponding certificate of withholding tax within twenty (20) days after the end of each quarter. If Partner is entitled to exemption from such withholding tax on any amount payable to them in relation to this Agreement, Partner shall submit such certifications or documents as may be required in order to effect such exemption

9. LIQUIDITY MANAGEMENT

Partner shall follow and observe recommended fund liquidity level by Maya to efficiently and fully perform assigned services.

The partner must ensure at all times that it has enough funds to accommodate the daily demand for all its availed service(s) under Maya. Required and recommended liquidity level may be subject for review from time to time as deemed necessary by Maya. Funding of account will be the sole responsibility of the Partner.

In connection with the above, Partner must secure Php 5,000 in lump sum for topping up during SPU before they can be officially

on-boarded as a Maya Partner Agent. If Partner fails to do this within thirty (30) calendar days after account creation, appropriate sanctions will be given which may include, but is not limited to, service suspension until the Partner is able to top up the Php 5,000 lump sum. This requirement is separate and distinct from passing the SPU orientation, however, both are considered onboarding

10. SYSTEMS AND TOOLS

Partner shall use nominated or issued systems and tools by Maya to perform assigned services. Hardware requirements shall

be provided by the Partner. Partner shall agree and comply to the specification requirements of the equipment required to operate the Services. Partner is expected to observe data security and confidentiality when using the systems and tools nominated or issued by Maya. Partner must have the necessary equipment as may be required to avail certain Maya products. Specifically, the Partner must have his/her own smartphone and/or mobile phone with the following minimum device requirements (which may be changed by Maya as applicable):

Stable internet connection and/or data connectivity
Android 7.0 Nougat operating system
1.2GHz Quad-Core
8GB ROM + 1GB RAM
5MP Main Camera
LTE/4G Sim Slot

11. RECORDS

A. Partner shall safely keep records of all Maya Center Transactions and records of purchases such as transaction receipt/s and/or invoices in the form of physical transaction slips or electronic documents or digital records within a period of five (5) years from the date of the transactions in accordance with the Customer Retention and Record keeping requirements of Anti-Money Laundering (AML) laws of the Philippines. Said records may be subject to audit and review by Maya, the Bangko Sentral ng Pilipinas and/or any other examination body authorized by Maya and copies of the records must be provided upon request. Upon termination of this Agreement for any reason, Partner must turn-over all records of Maya Center transactions within thirty (30) days.

B. The Partner shall be in charge of the safekeeping of the KYC documents. These documents must be made available to Maya, internal or external auditors and/or government regulators or other competent authorities within (3) business days from the date of request. The Partner’s failure to comply within the said period shall give Maya the right to charge from the Partner the penalties that regulatory bodies may impose arising from the unavailability of the requested documents. In addition, the Partner must implement a commercially reasonable level of security in accordance with Section 19 of this Agreement.

C. For the destruction of records in accordance with Section A of this section, the Partner must provide a signed certificate stating the details of the destruction which should include but not be limited to the destruction process, period covered of the documents destroyed, and type(s) of documents destroyed.

D. Maya's electronic or digital records shall supersede any physical copy of transactions unless proven that there is a system error that questions the reliability of the digital record.

E. Partner shall not be allowed to store and/or use for any other purpose any KYC information or documents, apart from what is needed, as stated in this Agreement. Violation of this provision shall be subject to the penalties for violation of the Data Privacy Laws.

12. LICENSE

Partners who will be accredited by Maya shall perform remittance services as a Remittance Sub-agent (RSA) of Maya by virtue of its Super Agent and RTC Licenses granted by the BSP.

13. PROHIBITED PRACTICES ON PAYMENT ACCEPTANCE

Partners who will be accredited by Maya shall perform remittance services as a Remittance Sub-agent (RSA) of Maya by virtue of its Super Agent and RTC Licenses granted by the BSP.

Partner shall not engage in any acceptance practice that discriminates against or discourages the use of a QR code in favor of any other mode of payment acceptance.
Partner shall not directly or indirectly require any Cardholder or Account Holder to pay a surcharge or any Merchant Discount Rate (MDR) or any contemporaneous finance charge in connection with a QR code transaction. A Partner may provide a discount to its customers for cash payments. A Partner is permitted to charge a fee (such as a bona fide commission, postage, expedited service or convenience fees, and the like) if the fee is imposed on all like transactions regardless of the form of payment used, or as MAYA has expressly permitted in writing. (A surcharge is any fee charged in connection with a QR code transaction that is not charged if another payment method is used.)
Partner shall not require, or indicate that it requires, a minimum or maximum QR code transaction amount to accept a valid and properly presented Maya account.
Partner shall not submit for payment into the Interchange System, and Maya shall not accept from a Partner for submission into the Interchange System, any QR Transaction that:
1. Represents the refinancing or transfer of an Account Holder obligation that is deemed to be uncollectible, or
2. Arises from the dishonor of a Cardholder’s personal check
To avoid double payment, Partner shall not accept any payment from a Customer in any other form (for example, cash or check) with respect to a charge for products or services reflected on a Charge Slip resulting from the use of QR. A Partner also shall not accept QR as payment for products or services for which the Partner has received or expects to receive payment in any other form, whether from the Customer or a third party.

14. RESTRICTED SERVICES

The following products or services that constitute, relate to or are ancillary to, in whole or in part are not allowed and are defined by Maya as “Restricted Service”:

Pornographic or illicit material or activities of any type;
Escort services;
Gambling operations, including “virtual casinos”;
Firearms, ammunitions, and explosives;
Partner engages in “receipt of payment in advance” operation module;
Pyramid selling or multi-levels commission earning structure, that are prohibited under the law or regulation;
Goods, products, services or distributions prohibited by applicable law or under the rules, regulations or directive of the Card Network; or
Goods, products, services or distributions of any class or type, whether or not similar to those specified above, which are designated from time to time by Maya (in its sole discretion) as being subject to this definition and notice thereof being given to the Partner, provided that no such designation or notice is required for any particular Sales to be subject to this definition.

15. LIMITATION OF LIABILITIES

A. Disclaimer of Warranties

Maya makes no warranty, express or implied, regarding the performance of this Agreement or the Maya Center Services or other Services offered hereunder.

The Maya Center Services are offered on an “as is”, “as available” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this Agreement. Without limiting the generality of the foregoing, Maya makes no warranty (1) as to the content, quality or accuracy of data or information, except as provided for under the Data Privacy Law of 2012, provided by Maya hereunder or received or transmitted using the Maya Center Services; (2) as to any service or product obtained using the Maya Center Services; (3) that the Maya Center Services will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.

B. Indemnification

Partner agrees to indemnify, defend and hold harmless Maya, its subsidiaries and affiliates, and their directors, officers, employees and agents, from and against any loss, damage, liability, costs and expenses, including reasonable attorney’s fees (collectively, “Losses”), arising out of or based on (a) breach of, or failure to perform, any obligation of Partner contained in this Agreement, or (b) the gross negligence or willful misconduct of Partner.

Maya agrees to indemnify, defend and hold harmless Partner, its subsidiaries and affiliates, and their directors, officers, employees and agents, from and against any Losses arising out of or based on (a) breach of, or failure to perform, any obligation of Maya contained in this Agreement, and (b) the gross negligence or willful misconduct of Maya.

In no event shall Maya be liable, in the absence of gross negligence and willful misconduct, for any indirect, special, incidental or consequential damages under this Agreement, including, without limitation, loss of profits, revenue, data or use, even if Maya has been advised of the possibility of such damages. Maya’s liability for damages under this Agreement shall not exceed the amount of the fees paid by Partner to Maya during the last six (6) months from the occurrence of the event that caused the damage.

16. AUDIT

Partner acknowledges and accepts that at any time, with or without prior consent, Maya, the Bangko Sentral ng Pilipinas and/or any other examination body authorized by Maya may conduct on site audit of their operations. These may include, but not limited to mystery shopping, taking pictures and notes of the business processes of their respective businesses. Partner shall grant access to certified examiners, but not limited to, the following, (A) Partner’s financial information and (B) Partner’s business processes and operations including, but not limited to, daily Maya Center operations.

Any findings by Maya, the Bangko Sentral ng Pilipinas and/or any other examination body authorized by Maya shall be reported in writing to the Partner to which Partner must acknowledge in writing to include immediate corrective measures in order to fulfill and address issues found during the audit exam.

17. RISK PROFILING

The Partner shall comply with the Due Diligence requirements of Maya in accordance with applicable rules and regulations. Maya reserves the right to disqualify the Partner's application should they fail to submit the necessary requirements and/or results of the Due Diligence is unsatisfactory. The Partner must undertake a risk profiling evaluation upon submission of their applications as required by BSP. Results of the exam will be kept and may be forwarded to BSP upon request.

If Partner happens to exceed maximum risk requirement, Maya reserves the right to disqualify the Partner’s application.
If Partner exceeds maximum optimal risk requirement, Partner must provide additional requirements based on Customer Due Diligence (CDD) or Enhanced Due Diligence (EDD) guidelines which will become necessary for the completion of their application.

Risk profiling is a continuous and periodic requirement so long as Partner remains an agent of Maya. The duration of the intervals will depend on the latest risk profile of the Partner. Failure to comply will require Maya to provide the appropriate sanctions to the Partner, such as, but not limited to, temporary suspension of access to any of Maya Center Services or immediate termination of this Agreement.

18. FRAUD

Partner shall abide by all Maya-prescribed processes for the setting-up and subsequent servicing required for the Maya Center business. Partner shall not abuse Maya’s products and services, and allow, in any way, any deviation from the aforementioned Maya-prescribed processes

Gamification shall be classified as fraud and is punishable as such. For purposes of this Agreement, gamification shall be defined as applying game-style mechanics in abusing Maya’s products or services to gain incentives. Any amount received by the Partner as a result of gamification may be clawed back by Maya from the Partner’s account.

Partner acknowledges and accepts that Maya, for the duration of this Agreement, may at any time conduct post verification, evaluation, security and quality assurance testing on all Partner-related declared systems and any Maya-authorized technical platform. The Partner shall not make any changes in the Maya-authorized technical platform, including but not limited to the systems design, information flow, contents or software applications, external equipment connectivity and set-up, parameters configuration. For the purpose of this provision, the Partner shall allow Maya access to its declared system and any Maya-authorized technical platform.

Partner shall ensure the security of its access, systems and processes, on its declared system and/or the Maya-authorized technical platform against all unauthorized access, connection or modification to Maya systems and services.

Fraud Detection and Investigation:

Partner undertakes to provide complete support and assistance to Maya in detecting, investigating and preventing any offence that may be committed, or has been committed under this Agreement, by any person against Maya, the Partner, the Maya Center Centers and/or the Customers (herein “Other Parties”).
Should any act of fraud, mischief or any act detrimental to the parties herein and the customers, be performed by the Partner or any act that may have any indication of fraud against the Other Parties (“Suspected Activity”), the incident shall be the subject of an investigation.
Where Maya suspects involvement of the Partner and/or its representatives in the Suspected Activity:

Maya may investigate the matter by appointing an Investigating Officer and entrusting him with necessary powers;
The Investigating Officer may investigate the records of the Partner relating to transactions of the Customers of Maya and require any information or clarification from the Master Aggregator or its Representatives;
Maya shall have the right to require and/ or ask for help of any government or outside agency in investigating frauds;
Maya may suspend all or any of its activities at the Partner’s or Maya Center Center’s premises, until the matter under investigation is resolved to the satisfaction of Maya. In order to avoid any doubt, the Parties agree that all payments due to the Partner shall be suspended until the matter under investigation is resolved.
The Partner, upon request by Maya or the Investigating Officer, shall provide all information, documents and other materials to Maya or to the Investigating Officer pertaining to any Suspected Activity relating to transactions of the Customers without undue delay, or by the next business day, whichever comes first;
Where the Investigating Officer proves that the Partner and/or its representatives are involved in any offense committed against Maya, Maya shall have the right to take all or any of the following actions against the Partner notwithstanding anything contained in this Agreement:

Maya reserves the specific right to offset, in the event of a need to refund any loss incurred by Maya and Other Parties as a result of the Suspected Activity;
To claim and recover the entire amount of loss, damages, legal costs and expenses incurred by Maya because of such offence or involvement of the Partner and/or its representatives in such offence; and
To terminate this Agreement with the Partner without forthwith any notice.

19. DATA PRIVACY AND CONSUMER PROTECTION

Data Privacy

Partner warrants and represents that it shall not collect, retain, process or otherwise handle any personal data concerning Consumers without Maya’s and/or the Consumer’s prior written consent other than by means of the transaction slip, and/or any other Maya approved customer record retention tool/software, provided this is done in strict compliance with the processing of service, applicable laws and regulations and the terms of this Agreement. Partner acknowledges that all information regarding Customers that it may collect (including, without limitation, information provided by Customers on “Maya Center Transaction Slips”) is the exclusive property of Maya. Partner may not use such information itself, nor may it transfer such information to any third party, for any purpose whatsoever without the prior written consent of Maya (except only for (a) the transfer of Consumer information to Maya for the purpose of executing any of the Maya Center Services and (b) such disclosures to law enforcement authorities as may be required by law or by order of a competent and duly constituted court of law).
Whenever applicable, in the performance of the Services herein, the Partner shall, at all times, comply with the provisions of Republic Act No. 10173 or “the Data Privacy Act of 2012,” its implementing rules and regulations, and all other laws and government issuances which are now or will be promulgated relating to data privacy and the protection of personal information. The Partner, its officers, employees, agents, and representatives, shall, among others:
1. Process personal data only upon the documented instructions of Maya, including transfers of personal data to another country or an international organization, unless such transfer is authorized by law;
2. Implement such measures and systems that will allow data subjects to exercise any or all of their rights as provided under the Data Privacy Act of 2012;
3. Implement reasonable and appropriate organizational, physical, and technical measures intended for the protection of personal data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing, or for such other purposes as may be required under the Data Privacy Act of 2012 or any other applicable law or regulation;
4. Ensure that its employees, agents, and representatives who are involved in the processing of personal information operate and hold personal information under strict confidentiality. This obligation shall continue even after their transfer to another position or upon termination of their employment or contractual relations;
5. Not to engage another processor without prior instruction from Maya: Provided, that any such arrangement shall ensure that the same obligations for data protection under this document are implemented, taking into account the nature of the processing;
6. In case of a reportable data breach, promptly notify Maya within seventy-two (72) hours from the time of discovery, to enable Maya to notify the National Privacy Commission and the affected data subject within the period prescribed under the Data Privacy Act of 2012, when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person, and Maya, the Partner, or the National Privacy Commission believes that such unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected data subject;
7. Promptly inform Maya if, in its opinion, any instructions of Maya violates, or may be construed to violate, any provision of the Data Privacy Act of 2012 or any other issuance of the National Privacy Commission;
8. Assist Maya in ensuring compliance with the Data Privacy Act of 2012, its implementing rules and regulations, other relevant laws, and other issuances of the National Privacy Commission, considering the nature of processing and the information available to the Partner;
9. At the choice of Maya, delete, destroy, or return all personal data to the former after the end of the provision of services relating to the processing: Provided, that this includes deleting or destroying existing copies unless storage is authorized by the Data Privacy Act of 2012 or another law; and
10. Include all the foregoing in the privacy and security policy of the Partner.
Maya shall have the right to test and monitor compliance by the Partner with the aforementioned data privacy laws, administrative orders, and government issuances, and the provisions of this paragraph. The Partner shall make available to Maya all information necessary to demonstrate compliance with the obligations laid down in the Data Privacy Act of 2012, and allow for and contribute to audits, including inspections, conducted by Maya or another auditor mandated by the latter. The Partner also agrees to immediately correct or introduce improvements to its system should the results show failure by the Partner to comply with the requirements of this paragraph, without prejudice to other remedies available to the Maya under this Document.
The Partner agrees and binds himself to the Privacy Policy and Data Privacy Statement of Maya as stipulated in Annex D.

Consumer Protection

The Partner shall, at all times, observe the following Consumer Protection Standards at their store/location:

Frontliner/s can explain the use of products and/or services, its benefits and disadvantages;
Standard processing fee posters are clearly visible to customers and can be properly explained by frontliner/s;
The rates/charges are in conformity with Maya guidelines;
Standard Fraud and Scam Awareness posters are clearly visible to customers and can be properly explained by frontliner/s;
Front liner/s are knowledgeable that customers who are Senior Citizens and/or Persons with Disabilities (PWDs) should be prioritized;

Partner shall cooperate fully with Maya in implementing any procedures mandated by law in order to protect consumer privacy and/or consumer data, or any such commercially reasonable procedures implemented by Maya. Partner’s failure to cooperate shall be a cause for termination of this agreement as set forth under Section 30 of this document.

20. COMPLIANCE

At all times during the term of this Agreement, Partner shall procure and maintain such licenses and authorizations from the relevant authorities as are required by law in the jurisdiction in which it is providing the Services; comply with the Philippine laws on anti-money laundering; comply with consumer protection act and BSP regulation; and comply with Philippine laws in relation to data protection.

Partner shall at all times comply with the applicable provisions of RA 9160, otherwise known as the Anti-Money Laundering Act (AMLA), as amended by RA 9194 and RA 10167 and its and Revised Implementing Rules and Regulations (RIRRs) and implementing guidelines. Compliance with RA 10168 or The Terrorism Financing Prevention and Suppression Act of 2012 and RA 9372 or the Human Security Act and their respective implementing guidelines is also enjoined and strictly required. Any finding of non-compliance found during audit and review by Maya, BSP and/or any other examination body authorized by Maya, shall be grounds for penalties and/or sanctions on the client as deemed fit by Maya.

21. REPORTING OF SUSPICIOUS TRANSACTIONS

For any suspicious transactions, Partner is required to immediately contact the assigned Maya account officer within twenty four (24) hours of the incident and must provide an accomplished suspicious transaction report (see Annex E) and other attachments available.

22. UPDATE IN PARTNER INFORMATION

If there are any updates on the latest submitted partner information, it is the Partner’s responsibility and obligation to inform Maya of this to their assigned account officer within fifteen (15) working days. The Partner is also obliged to submit the required documents for account update to their assigned account officer within forty five (45) calendar days. Failure to comply will subject the Partner to the appropriate penalties listed in Annex A.

23. REMOVAL AND CESSATION OF BUSINESS

Partner shall inform Maya of any removal of outlets or offices and its cessation of business in writing at least thirty (30) days prior to effective date of the said removal of outlets or offices or of cessation of business.

24. DISCLAIMER

Maya shall not be under any liability to the Partner and/or Account Holder and/or any third person where the matter/issue concerns the accuracy, correctness or validity of any point of authorization communicated by Maya.

25. USE OF PARTNER NAME

Partner hereby expressly authorizes Maya to include the Partner’s name in any directory or promotional materials produced in connection with the Services, without need of further notice or approval.

26. USE OF SMART PADALA BY MAYA AND MAYA CENTER SYMBOL

Partner shall display the Smart Padala by Maya or Maya Center name and symbol as well as promotional materials to inform the public that Maya Center, and its related products and services are accepted at the Partner’s place of business. Upon termination of this Agreement, Partner shall return forthwith to Maya all promotional materials and all posters, decals or signs either posted or displayed within the Partner’s place of business.

27. CONFIDENTIALITY

All business and technical information and data, and related documentation, in whatever form provided, recorded or unrecorded (hereinafter collectively referred to as “Confidential Information”), which the Parties have furnished or may furnish each other in anticipation of, or in furtherance of, this Agreement shall:

Be used solely for the purpose for which it was furnished;
Be treated in strictest confidence and protected;
Not be reproduced, except as necessary for its authorized use; and
If in tangible form, shall be returned together with all copies thereof, including the promotional materials, when demanded be either Party or when no longer needed.

The obligations of confidentiality and restricted use are not applicable to those portions of the Confidential Information that were previously known, or that fall into the public knowledge without the fault of either Party, or which the Parties have agreed in writing need not be kept confidential.

Either Party shall indemnify and hold the other Party free and harmless from all costs, claims, damages, actions, suits or other proceedings and from any liabilities arising from disclosure or unauthorized use of the Confidential Information.

The obligations of confidentiality and restricted use shall survive the termination of this Agreement except when disclosure of the Confidential Information by any of the Parties is made in order to comply with law, government regulations or court order.

28. INTELLECTUAL PROPERTY RIGHTS

All trade names, trademarks, service marks, copyrights and other property rights of Maya Philippines, Inc. will remain the property exclusively of PayMaya Philippines, Inc. and Partner shall not assert any claim hereto during the Term of this Agreement, or thereafter. Partner shall not do any act or thing inconsistent with PayMaya Philippines, Inc.’s ownership of such assets and right and shall take reasonable care to protect them from infringement or damage. Partner may use such trade names, trademarks, and other property only during the term of this Agreement on the terms set forth herein.

28. INTELLECTUAL PROPERTY RIGHTS

29. EFFECTIVITY / TERMINATION

This Agreement shall be effective upon certification by Maya through its assigned representative that the Maya Center Agent has passed all the on-boarding requirements and may already use the services applied for. This Agreement will remain effective for a period of one (1) year from the date of certification (“the Initial Term”), unless earlier terminated by either Party as provided for under this Agreement, or by mutual consent of the Parties in writing, or if so required by BSP. After the Initial Term, this Agreement shall automatically renew for successive one (1) year renewal terms, unless one Party gives notice of non-renewal to the other Party at least sixty (60) days prior to the upcoming renewal date.
Either Party may terminate this Agreement in case of a breach by the other Party (“the Defaulting Party”) of any of the provisions of this Agreement, provided that such Defaulting Party has failed to remedy such breach within sixty (60) days from written notice thereof, in which case, the termination will become effective upon the lapse of such sixty (60) day period.
Either Party may terminate this Agreement effective immediately upon written notice, in the event that the other Party enters into a merger; consolidation with another entity and such Party is not the surviving entity, becomes insolvent or bankrupt, discontinues business or adopts a resolution providing for dissolution or liquidation.
Either Party may terminate this Agreement without cause by giving the other Party written notice of at least sixty (60) days prior to intended date of termination.
In the event that the Partner has not accepted payments via Maya, Maya shall have the right to disable/close/deactivate its merchant account ID.
In the event of termination, the Partner shall present all completed transactions to Maya’s representative at the time of termination. However, payment for all such items received will only be made to the Partner after payment thereof has been received by Maya. Where any refund claimed by Maya exceeds the amount due the Partner, the difference thereof shall be a debt due from the Partner to Maya and be forthwith recoverable by action.
Immediately upon termination or expiration of this Agreement: (i) Partner shall return to Maya all Maya-related and Maya Center-related promotional/marketing materials, unused supplies, equipment provided to Partner pursuant to this Agreement; (ii) Partner shall return to Maya or shall destroy in accordance with Maya’s instruction, all copies of confidential information supplied by Maya to Partner or to which Partner may have gained access to; (iii) Partner shall send to Maya any transaction-related and customer information and documents; (iv) Partner shall remove all Maya decals, posts and signs from the premises and platforms immediately.
In case of termination for any of the reasons abovestated, and there are money or funds left at the account of the Agent even after prior notice has been sent to exit such funds, Maya shall have the discretion to either: (a) impose a Service Fee, Maintenance Fee and/or Dormancy Fee, which fees shall be debited from the account of the Agent for every month that the account has funds; or (b) transfer such funds to a regular Maya Account but will also be subject to debit of Service Fee, Maintenance Fee and/or Dormancy Fee, until such time that the account has funds. If the accounts do not have funds after the debit of the said Fees, then Maya shall have the discretion to close such account without prior notice to the Agent or Account Holder. Termination shall be without prejudice to the collection of Maya for any moneys due from the Agent, whether it be incurred before the date of termination or after termination in the event of the continuation of the services between the Parties stated in this Agreement.

30. GROUNDS FOR SUSPENSION/TERMINATION

Partner shall be responsible in complying with all clauses stated in this Agreement.

Maya will have the right to immediately suspend and/or terminate accounts that are non-compliant, non-performing and/or inactive. Non-compliance includes instances such as, but not limited to, not attending required trainings, not following rates, and service related rules. These, as well as non-performance do not require investigation prior to suspension/termination.

Inactive accounts with no transaction within 6 months from date of account creation and accounts with no usage for six (6) months may also be suspended/terminated without prior notice.

In the event of fraud and/or disputes, investigation may proceed. Should Maya suspect, find, or learn that Partner has violated any of its undertakings and obligations hereunder or is engaged in illegal activities, wittingly or unwittingly, Maya shall have the sole discretion to immediately suspend the Partner’s account and to cut-off the Partner’s access from the system and refuse to process any or all of its transactions pending investigation. Such investigation shall last no longer than fifteen (15) working days but may extend depending on the gravity of the issue. Any violation found during the course of this agreement shall be dealt with under applicable Maya policies. Outright termination of agreement may be based on the following grounds:

Violation of Section 2 on the observance of partnership structure;
Violation of Section 5 on Maya Center Services;
Violation of Section 18 for Fraud;
Violation of Section 19 for Data Privacy and Consumer Protection;
Violation of Section 20 for non-compliance with AMLA and applicable laws;
Violation of RA 10168 and RA 9372, threatened or consummated;
Violation of Section 27 on Confidentiality clause; and
Should the Partner fail to observe or perform any of its obligations under this Agreement (and such failure is not remedied within thirty (30) calendar days after written notification thereof is given by the other party), other than the above enumerations, Maya may forthwith terminate this Agreement by giving notice to Partner.

Upon termination of this Agreement for any reasons enumerated, Partner must perform the following:

Render a full accounting to Maya for its operation of the Maya Center Services and will remain liable for all amounts, fees and other charges relating to Maya Center Services originating through Partner (including Smart Money and Maya Transfer principal and fees) which Maya shall have furnished to Partner.
Remain liable and shall remit to Maya any principal and/or fees owed to Maya relating to Maya Center Service transactions, including any amounts remaining unpaid as a result of a Maya Center Service.
Immediately remove or permit Maya to remove all signs, display or other materials containing Maya name or logo and stop holding itself out as providing any Maya Center Services.
Refer all calls and consumers intended for the Maya Center Services to telephone numbers and locations specified by Maya and will not divert any such calls or customers to a Maya competitor.

31. PENALTIES

Refer to Annex A for the Offense/Penalty/Sanction Matrix that shall apply to our Partners in the event that Partner fails to follow and comply with the requirements and obligations set forth in this Agreement.

Further, if the Partner has its own Remittance Agent license, the Partner is responsible for all penalties indicated under Sec 14 Penal Provisions of RA 9160.

32. NOTICES

All notices or communication under this Agreement shall be in writing and shall be delivered personally or transmitted by
registered mail, postage prepaid, or e-mail as indicated on this form. All notices shall be deemed duly given on the date of receipt, if personally delivered or e-mailed, the date fifteen (15) days after posting, if mailed. Either party may change its address for purposes hereof giving notice to the other party. In exceptional cases, Maya may send notices, communications, correspondences via email sent to email address provided by the Partner.

33. AMENDMENTS

Maya, upon prior written notice may at any time and for whatsoever reason it may deem proper amend, revise or modify this Agreement. Any such amendments shall bind the Partner unless the Partner objects thereto by manifesting his intention to terminate this Agreement in writing within thirty (30) days from notice of amendments. Failure to notify Maya of Partner’s intention to terminate this Agreement shall be construed as acceptance by the Partner of the amendments to this Agreement.

34. SEPARABILITY CLAUSE

If any provision of this Agreement, or the application thereof to any Party hereto, is held illegal, null, void, unenforceable or otherwise invalid by any law, decree ordinance or judicial or administrative decision, such holding shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the Parties agree that the provisions of this Agreement are and shall be severable, provided that if such invalidation affects any other provision deemed essential by any Party to the satisfactory performance of this Agreement then, upon written notice being given by such Party to the other Party, the Parties shall promptly negotiate in good faith to the end that this Agreement may be amended in such manner as may be deemed necessary to make it fair and equitable to both Parties.

35. FORCE MAJEURE

If performance by the other Party of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by any cause beyond the reasonable control of the other Party, including but not limited to strikes, acts of God, then such Party shall be excused from such performance to the extent and only during the existence of the cause of such prevention, restriction, delay or interference. In the event of a force majeure affecting the performance of the obligation of Partner, Maya may, but shall not be obligated to, use any and all commercially reasonable means to assume continuation of the performance of the services hereunder contemplated or to find a substitute distribution channel as reasonably feasible and appropriate

To the extent applicable to the implementation of this Agreement, the Parties will comply with their respective internal business rules or Corporate Governance policies. In this connection, the Parties shall (a) advise or inform each other about any violation, whether actual or potential, by any person of their respective and/or each other’s policies in relation to this Agreement; (b) address or resolve such violation in accordance with their own internal business rules or Corporate Governance policies; and, (c) inform the other Party of the action taken thereon. In the event that this Agreement is later found to be in violation of the internal business rules or Corporate Governance policies of either Party, the Parties shall negotiate in good faith to amend and revise this Agreement to make it compliant with the internal business rules or Corporate Governance policies found to have been violated.

The Parties finally agree that any dispute, breach or violation of this provision shall be dealt with, remedied and/or resolved in accordance with the appropriate provisions of this Agreement on dispute settlement.

36. RELATIONSHIP

Performance by the Parties under this Agreement shall be as independent contractors. Nothing in this Agreement shall constitute or be deemed to constitute a partnership between the Parties hereto, and the Partner shall not hold itself out or allow itself to be held out as a partner of Maya.

37. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Philippines. In the event of suit arising out of or in accordance with this Agreement, it shall be brought exclusively to the proper courts of Makati City.

38. AUTHORITY

Each of the Parties represents and warrants to the other that its signatory/ies herein has/have all the necessary power and corporate authority to execute deliver and perform this Agreement and other related documents, and that such execution, delivery and performance will not and shall not contravene any provision of its constitutional documents, any Agreement or instrument to which it is a Party, any law, rule or regulation of any government authority.

39. BINDING EFFECT

This Agreement shall be binding upon and inure to the benefit of the Parties, their successors-in- interest and permitted assigns. Partner may not however assign or transfer its rights hereunder, without the prior written consent of Maya.

40. ENTIRE AGREEMENT

This Agreement and such other related documents as may be executed by the Parties contemporaneously herewith or subsequently pursuant hereto, constitute the entire Agreement of the Parties with respect to the subject matter hereof and supersedes any prior expressions of intent by or Agreement between the Parties, oral or written, with respect to the same subject matter.

41. PAYMAYA PHILIPPINES, INC. POLICIES

This Agreement shall be subject to the existing policies and procedures of Maya governing Maya Center which are made integral parts hereof by reference, and as may be amended and supplemented from time to time, in so far as not inconsistent with the terms of this Agreement.

Partner shall abide by all Maya-prescribed processes for the setting-up and subsequent servicing required for the Maya Center business. Partner shall not allow in any way any deviation from the aforementioned Maya-prescribed processes.

Partner acknowledges and accepts that Maya, for the duration of this Agreement, may at any time conduct post verification, evaluation, security and quality assurance testing on all Partner-related declared system and any Maya-authorized technical platform. Partner shall not make any changes in the Maya-authorized technical platform, including but not limited to the systems design, information flow, contents or software applications, external equipment connectivity and set-up, parameters configuration. For the purpose of this provision, Partner shall allow Maya access to its declared system and any Maya-authorized technical platform.

Maya shall have the right to revise or amend this Agreement without the consent of the Partner. Any revisions of this Agreement will supersede any existing contract. A form of notice, including, but not limited to, an announcement and/or an advisory, will be available in any of the Maya Center Channels (i.e. Website, Social Media, SMS, etc.). shall suffice to properly inform the Partner and enforce such change in the terms and conditions.

Maya shall conduct annual monitoring and review of the performance of the Partner. If it is discovered that they fail to meet the minimum compliance or performance requirements indicated in this document, Maya reserves the right to issue penalties or terminate the relationship depending on the severity of the result of the review.

43. CORPORATE GOVERNANCE

Definitions

“Anti-Corruption Laws” means (i) the Philippines Revised Penal Code, the Anti-Graft and Corrupt Practices Act, the
Plunder Law, the Prohibition of Government Employees to Receive Gifts (Presidential Degree No. 46), and the Code of Conduct and Ethical Standards for Public Officials and Employees; (ii) the U.S. Foreign Corrupt Practices Act of 1977, as amended; (iii) the U.K. Bribery Act 2010; (iv) applicable anti-bribery legislation enacted by member states of the European Union; (v) signatories implementing the OECD Convention Combating Bribery of Foreign Officials; and (vi)other similar laws and regulations applicable to the Parties from time to time.
“Anti-Corruption Prohibited Activity” shall mean (i) using funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (ii) directly or indirectly making, offering, or authorizing, any unlawful payment to any government official; or (iii) directly or indirectly making, offering, or authorizing any unlawful bribe, rebate, payoff, influence payment, kickback or other similar unlawful payment, whether directly or indirectly to any person for the purpose of gaining an improper business advantage or encouraging the recipient to violate the policies of his or her employer or to breach an obligation of good faith or loyalty, or that would otherwise violate any of the Anti-Corruption Laws.
“Sanctioned Party” means at any time any person or entity: (a) listed on any Sanctions-related list of designated or blocked persons; (b) resident in or organized under the laws of a country or territory that is the subject of comprehensive restrictive Sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea region); or (c) majority-owned or controlled by any of the foregoing.
“Sanctions” means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by (i) the United States, (ii) the United Nations Security Council, (iii) the European Union and its member states, (iv) the United Kingdom, and (v) the respective governmental institutions of any of the foregoing including, without limitation, Her Majesty’s Treasury, the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of Commerce, and the U.S. Department of State.

Compliance Representations and Warranties

The Partner represents and warrants in respect of itself only as of the date hereof that:
1. It has not undertaken any Anti-Corruption Prohibited Activity, including without limitation in negotiating for and obtaining any assets, licenses, governmental permissions, or any other legal rights or privileges;
2. It has complied with all Sanctions, and similar laws, regulations and orders to which it is subject; and
3. Neither it nor any of its subsidiaries or affiliates, nor any of its or their respective directors, officers, employees, agents, or representatives, is a Sanctioned Person.

Compliance Covenants

The Partner represents and covenants that it shall not, in furtherance of this Agreement and for so long as this Agreement remains active:
1. undertake any Anti-Corruption Prohibited Activity;
2. directly or indirectly transact business with or for the benefit of any Sanctioned Person in violation of Sanctions; or
3. otherwise violate Sanctions or take any actions that will result in any of the Parties becoming a Sanctioned Party.
The Partner shall adopt, revise, and maintain (as the case may be) policies and procedures sufficient to comply with its obligations under this Agreement. At a minimum, the Partner shall review and comply with Maya’s Global Anti-Corruption Compliance Policy.
Upon three (3) business days’ notice, the Partner shall permit Maya (and its professional advisors, as applicable) access to its books, records, and accounts for the purposes of assessing and auditing compliance with this Agreement and applicable laws.
The Partner shall promptly inform Maya of any changes to the representations contained herein and shall certify these representations on an annual basis.

Reporting

In case of any violation of this section or the Corporate Governance Policies of MAYA by any of its employees, agents, officers or directors, Partner shall report the same to MAYA’s Corporate Governance Office by sending an e-mail to goodgovernance@paymaya.com or by calling (02) 8424-1803 from 9am to 6pm, Mondays through Fridays, except holidays.

ANNEX A
OFFENSE/PENALTY/SANCTION MATRIX

Reactivation of Account. In the event that the account is deactivated, the MIMO needs to re-apply for an account by submitting a formal letter to Maya. Previous account will be reactivated and will be tagged as “with previous violation record.” Reactivation of account will be subject for review and approval of Maya Management and Compliance.

The following are the list of violations with its definition and corresponding action that Maya may take against the Partner. However, this list does not limit Maya from applying sanctions for other acts the Agent or its representatives for violations or acts against Maya, other affiliated parties (which includes Maya Bank, Inc. for purposes of this Agreement), other Maya Center Centers, or its Customers. Notwithstanding this list, Maya shall have a right to impose other sanctions and may terminate this Agreement depending on the gravity of the Agent’s offense.

PENALTY MATRIX

Frequency	1st Offense	2nd Offense	3rd Offense	4th Offense	5th Offense	6th Offense
Minor	Written Notice (Warning)			Written Notice and a Penalty amounting Php 5,000	Written Notice and a Penalty amounting Php 10,000	Written Notice, Temporary Deactivation, and a Penalty amounting Php 15,000
Major	Written Notice, Temporary Deactivation, Penalty amounting Php 15,000 + the Transaction Amount liability resulting from the offense (as applicable) + Penalties imposed by regulators (if applicable and if the violation is proven, upon investigation, to be intentionally committed by the Partner) In cases of fraud, the provisions penalties for under Section 18 shall apply in addition to other penalties provided for herein.

OFFENSE MATRIX

Minor Violation	Definition
Failure to Inform Critical Changes in Submitted Information	Agent may intentionally or unintentionally withholds information on changes in business/owner information e.g., business name, address, and branches.
Liquidity Management	Partner fails to service clients in sending money and cash out of remittances due to lack of funds (e.g. no cash out due to low cash on-hand).
Breach of Agreement	Any breach by the Agent of any of its obligations under the Agreement not covered in the list of violations with a total cost of no larger than (<) Php 100,000.
Failure to Share Proof of Transaction/ Payment	The Agent fails to provide the Customer with the standard method of providing proof of transaction/ payment.

Major Violation	Definition
Suspicious Transaction Report	Failure to report fraudulent and/or suspicious transactions following the prescribed template within twenty four (24) hours. A digital copy of the Suspicious Transaction Report (STR) and Transaction Slip shall be sent to Maya upon request no later than ten (10) business days by email to your assigned Account Officer.
Failure to Inform Customer of Cancelled Transactions/Reversals	The Agent fails to inform the Customer of transactions/services that failed to push through, hence, receiving a reversal of the transaction. They must provide the customer the option to refund their money or try to pay the bill again.
Failure to Repay Bill for Agent Errors	The Agents fails to fulfill his obligation to repay the bill that was wrongfully paid due to errors committed by the Agent. This includes but is not limited to the employees, agents, and representatives of the Agent.
Non-Compliance to Standard Law, Rules or Regulations	The Partner infringes on the compliance standards set by Maya, including but not limited to Due Diligence requirements, BSP, AMLA, and Consumer Protection.
Non-Compliance to KYC	Agent is not following KYC standard procedures as prescribed by Maya.
Failure to Attend Trainings	The Agent fails to attend required trainings conducted by any authorized Maya personnel. They must pass the exam to be considered as an attendee
Failure to Follow Required Rates and Charges	The Agent charges the Customer fees that are not issued by Maya or is valued above the required rate for Maya Center Services. A written approval must be secured before they can charge higher than the advised rate.
Breach of Exclusivity	The Agent performs services which are considered as direct competition to the services availed under Maya or they promote products/services considered as direct competition to the services they availed under Maya, without prior written approval of Maya.
Fraud and Anti Money Laundering	The Agent fails to comply (including its officers, principals, and employees) with all laws and regulations applicable to the business, as the same may be amended from time to time, including but not limited to: (a) licensing laws, and regulations; and (b) anti-money laundering laws, terrorist financing laws, cash reporting requirements, consumer protections laws, Maya’s written policies and procedures (as amended from time to time) as they relate to compliance with the detection and prevention of money laundering and cash reporting requirements; and (c) all applicable national and local privacy laws and regulations.
Fraud and Gamification	The Agent performs any act in violation of Section 18, including gamification or abuse of Maya’s system, products and services. Any incentive or commission which was earned by the Agent in violation of this section shall be forfeited or clawed back by Maya in addition to other penalties which may be imposed. The penalties provided for under Section 18 shall also apply in addition to other penalties provided in this Agreement or under the law.
Data Privacy Violation	Partner fails to comply (including its officers, principals, and employees) with laws relating to data privacy protection. Refer to table below for the Data Privacy Violations and Penalties.
Breach of Confidentiality	Communication, in any form, of any ongoing money laundering investigation to anyone apart from people managing the investigation.
Consumer Protection	Agent is not following Consumer Protection Act which includes Disclosure and Transparency of rates, security of customer information, remind customers to safeguard and do not disclose reference number for claiming, safeguard logbook and copies of transaction slips, understanding of products and services - key features, benefits, and risks, terms and conditions, providing customer hotline for escalation, display of advertising and promotional materials that disclose facts and protection of client information, and prioritizing customers who are PWDs and Senior Citizens.
Breach of Agreement	Any breach by the Agent of any of its obligations under the Agreement not covered in the list of violations with a total cost that is equal or larger than (>=) Php 100,000.

Data Privacy Violation(s)	Penalty
Breach of Data Privacy	Agent performs any kind of data privacy violation listed under the law. This includes but is not limited to the following: unauthorized processing, accessing, improper disposal, concealment of security breaches on, unauthorized disclosure of personal or sensitive information that can only be accessed by the Agent through its partnership with Maya.
SEC. 25. Unauthorized Processing of Personal Information and Sensitive Personal Information	Personal Information: Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than Two million pesos (Php 2,000,000.00) Personal sensitive information: Imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than Four million pesos (Php 4,000,000.00)
SEC. 26. Accessing Personal Information and Sensitive Personal Information Due to Negligence.	Personal Information: Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than Two million pesos (Php 2,000,000.00) Personal sensitive information: Imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than Four million pesos (Php 4,000,000.00)
SEC. 27. Improper Disposal of Personal Information and Sensitive Personal Information	Personal Information: Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than Two million pesos (Php 2,000,000.00) Sensitive personal information: Imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than Four million pesos (Php 4,000,000.00)
SEC. 28. Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes	Personal information: Imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than One million pesos (Php 1,000,000.00) Sensitive personal information: Imprisonment ranging from two (2) years to seven (7) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than Two million pesos (Php 2,000,000.00)
SEC. 29. Unauthorized Access or Intentional Breach	Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than Two million pesos (Php 2,000,000.00)
SEC. 30. Concealment of Security Breaches Involving Sensitive Personal Information	Imprisonment of one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than One million pesos (Php 1,000,000.00)
SEC. 31. Malicious Disclosure Sharing information of an individual or entity with an intent to harm them	Imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than One million pesos (Php 1,000,000.00)
SEC. 32. Unauthorized Disclosure Sharing information without the explicit approval of Maya	Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than One million pesos (Php 1,000,000.00) Imprisonment ranging from three (3) years to five (5) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than Two million pesos (Php 2,000,000.00)
SEC. 33. Combination or Series of Acts	Imprisonment ranging from three (3) years to six (6) years and a fine of not less than One million pesos (Php 1,000,000.00) but not more than Five million pesos (Php 5,000,000.00)

Prior to the imposition of monetary penalties, the Partner shall be sent a notice to explain which contains the details of the potential violation. The Partner must respond within seven (7) calendar days explaining why no penalty shall be imposed by Maya. Investigation and due process shall take place prior to any penalty. Penalties will be automatically deducted from the Agent’s Maya Center Account. In the event that the balance of the account is insufficient to cover the penalty(ies), the Agent must pay the fees in cash or cheque and deposited to Maya’s nominated account. If the Agent fails to pay the outstanding balance within thirty (30) calendar days, Maya reserves the right to temporarily deactivate the account or terminate this agreement.

ANNEX B
CASH-IN AND CASH PICK-UP SERVICES

DOMESTIC REMITTANCE CASH-IN AND CASH PICK-UP SERVICES

The Domestic Remittance Cash-In and Cash Pick-up services refers to the domestic money transfer services of Maya Center.

RATES, COMMISSION, AND SERVICE FEES

Services	Rates	Commission
Sending Money	A service fee worth Php30.00 will be charged for send transactions up to Php1,000.00. Another Php15.00 will be charged for every additional amount up to Php500.00.	A commission of Php11.50 will be credited for send transactions up to Php1,000.00. Another Php5.75 will be credited for every additional amount of up to Php500.00.
Receiving Money	Free of charge	A commission of Php11.50 will be credited for receive transactions up to Php1,000.00. Another Php5.75 will be credited for every additional amount of up to Php500.00.
Cash In to Maya account	A 2% Convenience Fee will be collected outside the cash in amount. All Cash in transactions below Php 8,000 for the month will still incur a 2% fee but will have a 2% rebate.	A commission of 1% will be credited for Cash In transaction
Cash Out (Encashment from Maya Account)	1.50%	1.15%

Rates, Commission and Service Fees are subject to change without prior notice. Advisories and/or announcements may be given through different Maya Center Channels including, but not limited to, Maya Center Website and Social Media.

INTERNATIONAL REMITTANCE CASH PICK-UP SERVICES

The International Remittance Cash Pick-Up service allows the Partner to perform cash out of remittance from Maya’s International Remittance partners.

RATES, COMMISSION, AND SERVICE FEES

Services	Rates	Commission
Cash-Out/ Cash Pick-up	Partner-dependent	Partner-dependent

ANNEX C
BILLS PAYMENT, DIGITAL GOODS RESELLING,
AND MAYA CARD RESELLING, AND OTHER
SERVICES.

BILLS PAYMENT

The Bills Payment service refers to the fulfillment of payments for Maya’s bills pay partners.

RATES, COMMISSION, AND SERVICE FEES

Services	Rates	Commission
Bills Pay Fulfillment	Php 5.00 per transaction*	Dependent on Bill Service

*Commission shall be paid out by Maya to the Partner and shall not be charged to the customer. Rates,

Commission and Service Fees are subject to change without prior notice. Advisories and/or announcements may be given through different Maya Center Channels including, but not limited to, Maya Center Website and Social Media.

MAYA CARD RESELLING

Maya card reselling service authorizes the Partner to resell Maya cards to its channel/s or channel/s specified by Maya.

RATES, COMMISSION, AND SERVICE FEES

Product	Rates	Commission
Maya Contactless Card	Php 200.00	Php 20.00

DIGITAL GOODS RESELLING

Digital goods refer to the products that may be availed through the Maya App Shop.

RATES, COMMISSION, AND SERVICE FEES

Product	Rates	Commission
Smart Airtime Load (Commission to be collected outside of the system)	Dependent on load denomination in Maya App Shop	5%
Globe Airtime Load (Commission to be collected outside of the system)	Dependent on load denomination in Maya App Shop	5%
Cignal Load (Commission to be collected outside of the system)	All load denominations	Php 10.00
Gaming Pins (Commission to be collected outside of the system)	Load denomination below 100	Php 5.00
Gaming Pins (Commission to be collected outside of the system)	Load denomination 100 and above	Php 10.00
Beep Load (Commission to be collected outside of the system)	Load denomination + Php 10.00	Php 5.00

OTHER SERVICES

Other Services include Sending to Bank Account via ATM (IBFT via ATM), and Sending to Bank Account via Instapay.

SERVICE FEES

Services	Service Fee(s)
Sending to Bank Account via ATM (IBFT via ATM)	Php 15.00* Effective August 1, 2020
Sending to Agent’s Enrolled Bank Account* via Instapay *as formally nominated by Agent in the Maya App	No service fees until further notice
Sending of Agent to Other Bank Accounts via Instapay	1%* *Effective August 31, 2021

Service Fees are subject to change without prior notice. Advisories and/or announcements may be given through different Maya Center Channels including, but not limited to, Maya Center Website and Social Media.

ANNEX D
DATA PRIVACY NOTICE

Our Approach to Privacy

To provide Partner (you or your) with the best customer experience, PayMaya Philippines, Inc. (Maya, we, our, us) is committed to protecting your privacy and staying transparent with the way we handle your personal information. For this we have designed a privacy policy that will help you understand how we collect, use, store, share and protect the personal information you have entrusted us.

Privacy Policy

Our privacy policy values and protects your personal information under the Data Privacy Act of 2012 and the laws of the Philippines. Personal information simply means any information or data that can be used to distinguish, identify or contact you.

Our Privacy Policy explains:

Why we collect personal information
What kind information we collect
Where we get these information
Who we share your information with
How we protect your information
Your choices and remedies, including how you can check and update any personal information we have about you
What happens if there are changes in our privacy policy
As a condition for use of our products and services, you are consenting to the Privacy Policy of Maya and its subsidiaries, affiliates, and subcontractors; and the collection, use, access, transfer, storage and processing of your personal information as described in this Privacy Policy.

Why we collect personal information

To improve our products and services, it is important that we collect, use, process and analyze your personal information when it is reasonable and necessary. When we can, we aggregate and anonymize this information such that you are never identified as an individual. [Aggregating simply means presenting information in segments or categories like age groups; anonymizing means removing personally identifiable information from the data].

In particular, we are using your information to:

Manage your account, provide customer care activities, monitor the quality and security of the network, train our staff, and provide services timely and efficiently and ensure your fair and lawful use of the products and services provided by Maya;
Send commercial and promotional advertisements, loyalty and rewards offers, surveys, customer care and aftersales communications, and other broadcast push messages;
Share your personal data with third-party content providers or other third-party services for which you sign up;
Conduct analysis for research and marketing initiatives, including the generation of anonymized or non-personally identifiable location and mobility data to show footfall, location patterns, crowd density, and other information that may be relevant for marketing purposes;
Generate statistical insights based on usage/network information to assist the Government in planning for healthcare, disaster, and other similar initiatives;
Run credit scoring programs and initiatives, including but not limited to, providing information to the Credit Information Corporation in accordance to Republic Act No. 9510, otherwise known as the Credit Information System Act; and
Implement measures to prevent money laundering, fraud and identity theft; and
Perform such other processing or disclosure that may be required under law or regulations.

In cases where your separate and full consent is given, we are also processing your personal data to:

Create your personal profile based on your interests, preferences, mobility patterns from physical locations that you may visit, and other information that may be relevant for marketing and market research purposes;
Share your personal profile based on your interests, preferences, and mobility patterns from physical locations that you may visit, to our business partners and third-party service providers;
Compute your credit score based on data collected internally within Voyager Group and its subsidiaries and affiliates, and share your credit score to third-parties to whom you specifically instruct us to share your credit score; and
Send you information on offers, promotions, and advertisements from our business partners and third-party service providers.

What type of information we collect

We collect information to provide better services to all of our users. This may range from the most basic like being able to offer promos that best suits the users to more complex use cases like which related services and digital content a user might find interesting & useful. This includes information such as:

Who you are

Basic personal information like your name, date of birth, gender, nationality, address, and identity supporting documents such as SSS or passport numbers. You can check what we know about you by making a request to the Maya Data Privacy Officer through the contact details provided below;
Your credit card, bank and payment details;
Your contact details like billing address, telephone number, mobile phone number, email address; and
Information about your business (e.g. Registered business name, address, contact details)

What you use our product/services for

Use of virtual or physical card to purchase online
Use of physical card to purchase in store
Purchase of fast moving digital goods which includes but not limited to prepaid airtime load, prepaid cable packages, gaming e-PINs etc.
Utility bills payments and government contributions
ATM withdrawals, payments and transfers to third parties
Account maintenance, including change in account information and contact details
The device you use when to access our Products and Services (such as your mobile handset, your computer system and platform) to customize our service for you
Maya Center/ Smart Padala Services (including but not limited to remittance services, Cash Loading and Cash Out Services, over-the-air reload of airtime, encashment and top-up of Maya credits, QR payment acceptance, and bills payment services
No, we don’t look at the content of your text messages and we don’t listen to your calls, unless you’re talking to our hotline
Device you use to access our products and services in order to safeguard your account, customize our services, and personalize your user experience, such as:
Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, and installed applications.
Device identifiers: information such as device IDs and other unique identifiers.
Device signals: information about Bluetooth signals and nearby wi-fi access points hotspots and cell towers.
Data from network connections: information such as the name of your mobile network operator or Internet service provider, language, time zone, IP address, connection speed, and information about any devices that are nearby or on your network.
Data from device settings: information that you allow Maya to receive through device settings you turn on, such as access to your GPS location, contacts, camera, or photos.

This is for the protection of your account as part of our risk management, fraud prevention and security practices.

What you do with your Maya Account

This includes when and how much you reload or pay your bills; and
How often you access your account and why.
You can check what we know about you by making a request to the Maya Data Protection Officer through the contact details provided below.

Where we get these information

Your Personal Data may be obtained in many ways including through market research activities, Maya App, Web Portal, or Platform, through an accredited Third-Party platform or channel, and from Maya’s subsidiaries, affiliates, business partners, and third-party service providers.

Information that you personally give us

Most of the personal information we have are those that you have given us yourself. You provide us personal information when you

Apply for subscription/registration to our services by via the Mobile App, filling out a Service Application Form online, in one of our stores, or provide personal information to one of our TeleSales representative;
Get in touch with us to ask about something, file a complaint or request for service;
Take part in our research and surveys; and/or
When you apply for job with us.

Information we collect during our relationship with you

We also collect information as you use our products & services, like when you:

Use our networks - whether it is mobile, Wi-Fi, or other channels;
Pay your bill or purchase add-on products and services;
Use our apps, websites and self-service channels; and
Join our promos, prize raffles or reward & loyalty programs

Information we collect from other sources

We also collect information from commercially or publicly available sources like published directories and public documents. We may also obtain your personal information from third parties and from other sources which you have given consent for the disclosure of such information relating to you and where otherwise lawfully permitted.

Who we share your information with

There are a variety of circumstances where we may need to disclose or share some of the information that you have provided to us. In these cases, we ensure that your personal information is disclosed on a confidential basis, and always subject to the applicable rules and regulations of the Data Privacy Act.

We will never share, rent or sell your personal information to third parties outside Maya (or the group of companies of which Maya is part of) except in limited circumstances as noted in this policy. In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, partners and other third-party agencies as part of business operations and the provision of our products and services. This means we might share your information with:

Our partner companies, organizations, or agencies including their sub-contractors or prospective business partners that act as our service providers, contractors, professional advisers who help us provide our products and services, for example our couriers for bill delivery and our customer contact centers for our hotline operations;
Our security partners who provide us with information and services to protect against fraud and abuse. For example, information about security threats can help us notify you if we think your account has been compromised (at which point we can help you take steps to protect your account);
Other companies in the Voyager Group;
Law enforcement and government agencies; and
Other companies whom you have also given consent to share your information

How we protect your information

The integrity, confidentiality and security of your information are particularly important to us. That’s why we strictly enforce our privacy policy within the company and we have implemented technological, organizational and physical security measures that are designed to protect your information from unauthorized access, use, alteration and disclosure. We also put in effect safeguards such as:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We restrict access to your information only to qualified and authorized personnel who hold your information with strict confidentiality;
We undergo regular audit and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected; and
We let you update your information securely to keep our records accurate
We implement processes to secure and protect the privacy of personal information being shared with service providers, both local and overseas.
We keep your information only for as long as necessary for the fulfillment of the purposes for which the information was obtained or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law, rules and regulations;
We promptly notify you and the National Privacy Commission, when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person;

Your choices and remedies, including how you can check and update any personal information we have about you.

You are afforded certain rights in relation to your personal data under the Data Privacy Act of 2012, which includes the right to object to processing, the right to access your data, the right to modify of inaccurate data, and the right to erasure or blocking of data.

You have a right to file a complaint with the National Privacy Commission should you feel that your personal information has been misused, maliciously disclosed, or improperly disposed, or that any of your data privacy rights have been violated. Consequently, you have a right to claim damages in case of inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.

If you wish to have access to your personal information in our records; or you think that such personal information we have of you is incomplete, not up-to-date, or otherwise inaccurate; or prefer to opt-out of this privacy policy you may get in touch with our Data Privacy Officer through the contact details provided below:

Data Protection Office: dpo@maya.ph
Customer Support Email: support@maya.ph
Maya Customer Service: (632) 8845-7788, 1-800-108457788 (Domestic Toll-Free Landline)

Maya Agent Terms and Conditions

1. DEFINITION OF TERMS

2. PARTNERSHIP STRUCTURE

3. APPOINTMENT OF MASTER AGGREGATOR

4. GENERAL TERMS AND CONDITIONS

5. MAYA CENTER SERVICES

A. Maya Mother Account

B. Fulfillment Services

C. Know Your Customer (KYC) Transaction

D. Disputes and Erroneous Transactions

E. Marketing and Promotions

F. Modes of Accepting Payments

G. Settlement of Payments

G. Settlement of Payments

I. Set-off

J. After Sales Escalation

K. Maya Card Reselling

L. Password Management

M. Multi-User Access

M. Multi-User Access

6. TRAININGS, EXAMS AND CERTIFICATIONS

7. EXCLUSIVITY

8. FEES AND TAXES

9. LIQUIDITY MANAGEMENT

10. SYSTEMS AND TOOLS

11. RECORDS

12. LICENSE

13. PROHIBITED PRACTICES ON PAYMENT ACCEPTANCE

14. RESTRICTED SERVICES

15. LIMITATION OF LIABILITIES

A. Disclaimer of Warranties

B. Indemnification

16. AUDIT

17. RISK PROFILING

18. FRAUD

Fraud Detection and Investigation:

19. DATA PRIVACY AND CONSUMER PROTECTION

Data Privacy

Consumer Protection

20. COMPLIANCE

21. REPORTING OF SUSPICIOUS TRANSACTIONS

22. UPDATE IN PARTNER INFORMATION

23. REMOVAL AND CESSATION OF BUSINESS

24. DISCLAIMER

25. USE OF PARTNER NAME

26. USE OF SMART PADALA BY MAYA AND MAYA CENTER SYMBOL

27. CONFIDENTIALITY

28. INTELLECTUAL PROPERTY RIGHTS

28. INTELLECTUAL PROPERTY RIGHTS

29. EFFECTIVITY / TERMINATION

30. GROUNDS FOR SUSPENSION/TERMINATION

31. PENALTIES

32. NOTICES

33. AMENDMENTS

34. SEPARABILITY CLAUSE

35. FORCE MAJEURE

36. RELATIONSHIP

37. GOVERNING LAW

38. AUTHORITY

39. BINDING EFFECT

40. ENTIRE AGREEMENT

41. PAYMAYA PHILIPPINES, INC. POLICIES

43. CORPORATE GOVERNANCE

Definitions

Compliance Representations and Warranties

Compliance Covenants

Reporting

ANNEX AOFFENSE/PENALTY/SANCTION MATRIX

PENALTY MATRIX

OFFENSE MATRIX

ANNEX BCASH-IN AND CASH PICK-UP SERVICES

DOMESTIC REMITTANCE CASH-IN AND CASH PICK-UP SERVICES

RATES, COMMISSION, AND SERVICE FEES

INTERNATIONAL REMITTANCE CASH PICK-UP SERVICES

RATES, COMMISSION, AND SERVICE FEES

ANNEX CBILLS PAYMENT, DIGITAL GOODS RESELLING,AND MAYA CARD RESELLING, AND OTHERSERVICES.

BILLS PAYMENT

RATES, COMMISSION, AND SERVICE FEES

MAYA CARD RESELLING

RATES, COMMISSION, AND SERVICE FEES

ANNEX A
OFFENSE/PENALTY/SANCTION MATRIX

ANNEX B
CASH-IN AND CASH PICK-UP SERVICES

ANNEX C
BILLS PAYMENT, DIGITAL GOODS RESELLING,
AND MAYA CARD RESELLING, AND OTHER
SERVICES.

ANNEX D
DATA PRIVACY NOTICE