1. Acceptance of Terms
By accessing and using the services provided by Sunrise Spark SMC Pvt. Ltd. ("Company", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
2. Services Description
Sunrise Spark SMC Pvt. Ltd. provides payment aggregation, e-wallet services, card services, merchant integration, and related security and compliance offerings.
3. Eligibility
- You must be at least 18 years of age and have legal capacity to enter into binding agreements.
- You must provide accurate and complete information and comply with applicable laws and regulations.
- You must not be located in jurisdictions where our Services are prohibited.
4. Registration & Account
To access our Services, you may need to register an account and provide identification and business information. You are responsible for maintaining the confidentiality of your credentials and all activities that occur under your account.
5. Refunds, Fees & Chargebacks
a) In the event of the return of goods or cancellation of services, the Merchant will electronically refund the Accountholder/Cardholder for the net amount of the relevant E-Transaction after deducting the applicable cancellation charges.
b) The Merchant shall retain any relevant correspondence relating to an E-Transaction, including a Sales Record, for a minimum period of five (5) years from the date of Authorization.
c) The Acquirer/Platform Provider reserves the right to withhold payment to the Merchant in connection with an E-Transaction or may recover an amount paid into the Merchant’s Account, in any of the following circumstances:
- Authorization for an E-Transaction is not obtained in accordance with terms set out in the Agreement.
- E-Transaction data is issued or presented in breach of the Agreement (which may include any operating instruction or procedure guide supplied to the Merchant from time to time).
- The Merchant fails to produce to the Acquirer/Platform Provider within seven (7) Banking Days of request, any E-Transaction information required, including, for example, the evidence of the delivery confirmation of goods and services.
- The Merchant Account is credited more than once for the same E-Transaction.
- The Merchant has processed multiple transactions for the same Accountholder/Cardholder or has split a single particular sale for the purpose of authorization.
- E-Transaction and investigations are under process if there is any fraudulent activity performed.
- Payment instruction may be withheld by the Acquirer/Platform Provider or any International or Local Regulatory Body or Investigation Agency or Court of Law.
d) In case of dispute, chargeback, retrieval, and/or fraudulent activity, including any act of theft or card skimming, the Acquirer/Platform Provider reserves the right to refund the Accountholder/Cardholder using the Merchant’s funds available with the Acquirer/Platform Provider irrespective of the order and/or transaction against which the funds were received by the Acquirer/Platform Provider. In case of non-availability of funds, the Acquirer/Platform Provider reserves the right to recover the funds from the Merchant either in good faith or by legal means.
e) Once the chargeback has been incurred by Sunrise Spark, the same will be intimated to the Merchant, and the Merchant will be liable to pay a financial service charge equivalent to the % MDR + tax per chargeback of the original transaction. This amount will be adjusted against the Merchant’s settlement (payment) or can be paid directly to Sunrise Spark via cheque or Bank Transfer.
f) We will not be liable to refund any amount, including Subscription/Setup/Integration and Security Deposit, in case chargebacks are incurred to the Merchant.
6. Security & Compliance
We maintain industry-standard measures including encryption, tokenization, monitoring, and PCI DSS compliance. You are responsible for safeguarding your systems and credentials.
7. Privacy Policy
Your privacy is important to us. Please refer to our Privacy Policy for details on how we collect, use, and protect your information.
8. Liability & Disclaimers
Services are provided “as is” without warranties of any kind. To the maximum extent permitted by law, we are not liable for indirect, incidental, or consequential damages.
9. Termination
We may suspend or terminate access for violations of these Terms or for security reasons. Obligations intended to survive termination shall survive.
10. Governing Law
These Terms are governed by the laws of Pakistan. Disputes shall be subject to the exclusive jurisdiction of courts in Karachi, Pakistan.
11. Contact
For questions about these Terms, contact: legal@sunrisespark.com