ATOM SERVICE USER AGREEMENT
This Service User Agreement (hereinafter referred to as the “Agreement”) is understood to be an agreement between the User (hereinafter referred to as “You”) and ATOM Solutions Joint Stock Company (hereinafter referred to as “ATOM”), applicable when You use the ATOM Service.
References to the Agreement, Privacy Policy, Complaint Resolution Policy, Fees, and any other applicable regulations issued by ATOM.
The terms defined and used in this Agreement will also be understood consistently when used in related documents issued by ATOM.
The “User” in this Agreement refers to organizations, individuals using the ATOM Service, whether directly or indirectly, throughout the business process
This Agreement is an important policy that you should carefully review, agree to and accept all provisions in the Agreement when using ATOM Services. Except as otherwise agreed, when you use the ATOM Service, it means you voluntarily agree, accept, and comply with all provisions of the Agreement, as well as other policies, terms, and conditions related to ATOM, including but not limited to: Privacy Policy, Fees Schedule, Complaint Resolution Policy of ATOM.
ATOM can modify this Agreement at any time by posting the amended Agreement on the ATOM website and/or all related media, tools, applications, and services associated with the provision of ATOM Services. The amended version shall take effect from the date of publication. The significant provisions of the Agreement will be notified by ATOM 15 (fifteen) days prior to their effective date. You are solely responsible for understanding and complying with the laws and regulations when using ATOM Services, including but not limited to, regulations regarding the legality of transactions, goods/services provided, and the origin of the value of the payment currency.
1. ATOM SERVICE:
ATOM Service (also known as the “Service”) consists of services that provide activities to support you in making payments and receiving payments for goods/services arising from transactions between Suppliers (Sellers) and Customers (Buyers), including:
- Bill payment - Service via POS device
- Online shopping - Online payment
- Register for credit card installment conversion
- Support for Buy Now Pay Later (BNPL)
- Other services.
ATOM is an independent entity from the User, which means that ATOM is not an agent or authorized unit of the User. ATOM also does not control or take responsibility for any goods/services paid through the ATOM Service.
When using the ATOM Service, you should be aware of the risks detailed in the relevant subsections of this Agreement, such as: (i) The amount of money that has been paid into your account. Afterwards, there may be a possibility of refund, for example in cases of credit card chargebacks, disputes, or other invalid transactions. In other words, in the case where you are the seller the amount you receive may be refunded to the payer, or it may be held in reserve even if the goods or services have been provided. (ii) The balance in Your E-Wallet may need to meet minimum limits as determined by ATOM regulations;(iii) We may close, freeze, temporarily suspend or limit Your access to the E-Wallet or the Services. (in accordance with the regulations of ATOM or the relevant authority) in the event that you violate this Agreement and/or any other provisions of ATOM that you have agreed to.
2. TRANSACTION LIMIT , TRANSACTION WARNING
In order to mitigate risks and comply with legal regulations, ATOM reserves the right to proactively implement measures for prevention and verification (including the use of measures such as freezing suspending ongoing or completed transactions). In cases where ATOM deems the situation to be abnormal or complex, appropriate measures may be taken to address the situation.
Abnormally large transactions refer to transactions that are not consistent with the regular transaction values of the User through ATOM Services, and are unclear or disproportionate to the User's income based on the Bank's alert. Complex transactions refer to transactions conducted through methods that are not appropriate for the nature of the transaction, such as transactions performed through multiple intermediaries or unnecessary multiple accounts. Transactions carried out between multiple different electronic accounts owned by the same account holder in different geographical areas; any transactions deemed abnormal by ATOM and requiring close monitoring.
3. USER INFORMATION
To access, maintain, and use ATOM Services, you must provide and update accurate personal information to ATOM as per the specified regulations and guidelines. User Information refers to the information used to identify a specific individual/organization, including but not limited to the identification details of that individual/organization (name, date of birth, establishment date, etc.). User Information includes details such as Citizen Identity Card (CCCD)/National ID Card (CMND), Business Registration Certificate (for businesses), contact information (mobile phone, email address), bank account information, and other necessary details. The specific User Information needs to be provided in accordance with ATOM's specific guidelines and form templates.
4. ACCURACY OF INFORMATION
ATOM emphasizes that the information you provide is necessary for you to access and fully utilize ATOM Services. It is a mandatory requirement for ATOM to verify and authenticate the registration information for using the Services and to process the data. Therefore, you must commit to ensuring the accuracy and completeness of the information provided to ATOM and promptly update it whenever there are changes. We will not be responsible for resolving any disputes/complaints if the information you provide is inaccurate, incorrect, or fraudulent.
4.1. Identity Information
- The legal documents supporting the information provided for identity verification must be provided as scanned copies (scanned from the originals) to ATOM within the committed time frame according to the specified regulations.
4.2. Bank Account
- You must declare a corresponding bank account for the service you are registering to use. Please be aware that at any time, ATOM reserves the right to temporarily freeze/close the service if any inaccurate content related to the declared bank account information is discovered.
4.3. Contact Information
- You are responsible for updating your email address, phone number, and other contact information that remains valid and ensures your ability to receive information from ATOM. You can update your contact information at any time following ATOM's instructions.
- Unless notified by you, ATOM will continue to provide ATOM Services through the addresses that the Customer has registered. Any communication from ATOM sent to the last contact information you have provided to ATOM will be considered as effectively sent to you, regardless of whether you actually receive it or not. ATOM also does not acknowledge any claims from you regarding the provided contact information being inaccurate, expired, blocked, or for any other reason that prevents you from receiving communication from ATOM. If ATOM's information is returned due to the contact address you provided being invalid, your ATOM Service will be suspended, and you will not be able to perform any transactions until ATOM receives the relevant updated information.
- You are responsible for keeping the information and messages sent to you by ATOM confidential and agree to indemnify ATOM in cases where such information or messages are accessed or used by unauthorized parties.
5. ROLES, RIGHTS, RESPONSIBILITIES, AND COMMITMENTS OF THE USER
When registering and participating in the use of ATOM Services, you commit to and guarantee the following rights and responsibilities:
5.1. Compliance with ATOM's regulations and applicable laws when using ATOM Services.
5.2. Selecting and using appropriate payment support services within the group of ATOM Services provided by ATOM.
5.3. Adhering to ATOM's registration procedures, transaction processes, and other instructions, using the information provided by the Services for their intended purposes. You must not use ATOM Services for money laundering, terrorism financing, fraud, deception, or any other illegal activities.
5.4. Providing all information requested by ATOM to facilitate the provision of the Services; ensuring that the information is promptly updated and fully accurate, truthful, and consistent with the registered records at ATOM for payment transactions; assuming all responsibility for any errors or misuse of ATOM Services due to your own negligence.
5.5. Ensuring the safety and confidentiality of any access names, access passwords, and other identification factors provided by ATOM. You shall be solely responsible in case of loss, misuse, or disclosure of access names, access passwords, and other identification factors to any third party and shall bear all risks and damages resulting from unauthorized use by such third parties.
5.6. Promptly notifying ATOM for timely resolution in case of loss, theft, disclosure, or suspected disclosure of access names, passwords, and/or other identification factors. At the same time, you shall be responsible for any damages, losses, and other risks before ATOM takes appropriate remedial measures (limiting access rights, etc.).
5.7. Unless you have notified ATOM about the termination of using the Service in accordance with the provisions of this Agreement and have received confirmation of termination from ATOM, you acknowledge that for any access action to the Service, if ATOM verifies the correctness and sufficient access passwords and/or other identification factors as prescribed, it will be deemed as your intention, even if it is later discovered that the access information was used by an unauthorized person. You shall be fully responsible for the risks and damages caused by any unauthorized use.
5.8. You are responsible for complying with the laws regarding the accuracy and truthfulness of the information and payment documents provided by you or any activities related to ATOM Services.
5.9. You agree and acknowledge the collection, recording, processing, use, storage, and sharing of your relevant information by ATOM in accordance with the provisions of this Agreement and the Privacy Policy.
5.10. Refund or cooperate with ATOM to fully refund any erroneously transferred or transferred amounts (including operational errors or ATOM system malfunctions).
5.11. Follow ATOM's safety instructions, ensure the confidentiality of the information and transactions you manage to ensure safety and security in payment transactions. You are solely responsible for any risks arising from the leakage or loss of this information.
5.12. Promptly notify ATOM upon discovering any errors or discrepancies in payment transactions or suspected misuse of transaction information.
5.13. By providing contact information when using ATOM Services, you have agreed to allow ATOM to send email notifications, SMS/MMS messages, or call the provided phone number for the following purposes:
Notifying changes in the account balance in case you have registered to use this service.
Sending OTP (One-Time Password) for electronic transaction authentication.
Introducing, advising, supporting, promoting ATOM Services; notifying about new products, services, promotional programs.
Sending other notifications related to the provision of ATOM Services to you.
6. SELLER'S COMMITMENTS
When using ATOM Services as a Seller, in addition to the general responsibilities and commitments of the User, you undertake the following commitments:
6.1. In the event of any errors occurring during the payment process or in the supply of goods/services due to your errors, you shall be responsible for refunding, compensating, and explaining to the Buyer and ATOM. The refund and compensation must be carried out in accordance with ATOM's regulations or as agreed between ATOM and you.
The amount subject to refund or compensation from you to the Buyer will incur late payment interest at a rate of 0.05% per day on the overdue amount, calculated from the time the payment obligation for this amount arises. This interest rate may be adjusted not to exceed the maximum lending interest rate prescribed by the State Bank of Vietnam (if any) at the time the late payment interest is incurred.
6.2. Upon receiving payment transaction notifications from ATOM, you are responsible for verifying and delivering goods or providing services to the Buyer in accordance with the agreed quality and timeframe. Additionally, you must keep valid documents such as sales invoices or delivery notes with the Buyer's signature, bills of lading from the shipping company, etc., for use in case of complaints.
6.3. In the event that you have received payment from the Buyer but later the Buyer complains that you did not fulfill the transaction seriously as per your commitment, the complaint will be resolved in accordance with ATOM's complaint resolution regulations.
6.4. You shall compensate ATOM and indemnify ATOM against any losses, damages, and liabilities arising from any actions, complaints, claims, or lawsuits by the Buyer, within the scope of such losses, damages, and liabilities resulting from your activities in supplying goods/services, including but not limited to the responsibilities and commitments mentioned in this Agreement.
6.5. You will NOT use or exploit the use of ATOM Services for any illegal activities and shall be subject to ATOM's supervision for online business activities paid through ATOM Services. You shall also be liable for any violations of the law (if any).
6.6. You shall comply with other regulations applicable to Sellers when making payments through ATOM Services as specified by ATOM.
6.7. Other responsibilities and commitments as stipulated in specific cooperation contracts.
6.8. You shall fully compensate ATOM for any damages incurred due to your breach of the responsibilities specified in this Agreement.
7. ATOM'S RIGHTS
7.1. ATOM has the right to automatically deduct the reported amounts from your account in the following cases:
- To collect overdue debts, fees related to complaints, disputes as per ATOM's regulations and the law, and other valid costs arising during the management and provision of ATOM Services as stipulated.
- To pay other fees according to ATOM's Fee Schedule.
- To fulfill payment obligations as required by competent state authorities.
- To fulfill payment obligations related to the settlement of complaints, disputes requiring payment.
- To adjust incorrectly booked items, items not properly accounted for, or not in accordance with the intended use, as per the regulations of the law and ATOM's provisions.
- Upon discovering that the money has been mistakenly transferred to your account, or if there is a request for canceling a money transfer, canceling a transaction from affiliated service providers or customers due to discrepancies with the payment content of the customer.
- To return payments to the payer, transfer to competent authorities as per the regulations of the law, or process as per ATOM's internal regulations for unclaimed funds if you cannot prove your legal ownership of the funds within 01 month from the date of ATOM's notification.
- To make regular, periodic payments as agreed between you and ATOM.
7.2. Refusal of your payment orders in the following cases:
- When you do not fully comply with the payment procedures, the payment orders are invalid, do not match the registered elements in the service registration profile, or do not comply with the agreements between you and ATOM and/or related third parties.
- When there is a request from competent state authorities or evidence of payment transactions that violate the laws and regulations on anti-money laundering.
7.3. Refusal to temporarily suspend or close services when you have not fulfilled payment obligations as per the decision of competent state authorities or have not fully paid the debts owed to ATOM.
7.4. ATOM is responsible for implementing and applying safety and security measures during the process of opening and using payment accounts in accordance with legal regulations.
7.5. ATOM shall not be liable for any damages or losses incurred by the User during the use of the Service, except when such damages or losses are caused intentionally by ATOM.
7.6. ATOM shall not be liable for any direct or indirect damages suffered by the User arising from or caused by:
- The use of the Service or access to information provided by authorized parties on behalf of the User; or
- The User's loss, theft, or disclosure of access credentials, passwords, and/or other identification elements provided by ATOM, resulting in others using this information to access the Service or access information provided by the Service; or
- Any delays in the delivery of messages or if the User fails to receive messages; or
- The integrity or authenticity of messages sent to the User; or
- Messages sent by a third party who, in any way, connects their device to the phone number registered by the User; or
- Any interruptions, delays, unavailability, or any other incidents that occur during the provision of the Service due to reasons beyond ATOM's reasonable control, including but not limited to disruptions caused by the need to upgrade, repair internet service provider lines, disruptions caused by goods/service providers; or
- Any occurrence of Force Majeure events, including but not limited to natural disasters such as floods, fires, droughts, storms, earthquakes, social events such as protests, violence, riots, and wars (declared or undeclared), actions of Governments within their jurisdiction.
- Any other rights as specified by legal regulations or by written agreement between the Payment Recipient (Merchant) and ATOM shall not contradict the provisions of current laws.
8. RESPONSIBILITIES OF ATOM
8.1. Process the Merchant's payment orders after verifying the legality and validity of the payment orders.
8.2. Fulfill payment orders and service requests from Users in accordance with the regulations and agreements between ATOM and the Users. Timely refund any amounts due to errors or misunderstandings in the execution of payment orders. Provide complete and timely services and necessary payment methods to meet the transaction needs of Users.
8.3. Comply with anti-money laundering regulations as required by law.
8.4. Commit to complying with PCI DSS to ensure the security of ATOM's partners and customers.
8.5. Establish internal procedures for providing ATOM's Services, provide guidance, publicly announce relevant information for Users, and promptly address and resolve any inquiries or complaints during the registration and use of the Service.
- This Agreement shall be governed by the laws of Vietnam. Any disputes, disagreements arising from, and/or related to the ATOM Service shall be resolved through negotiation between the parties, ensuring mutual benefits. If the dispute cannot be resolved through negotiation, both parties agree to settle the dispute or disagreement before a competent court. The decision of the court shall be binding on the parties. During the time the court has not issued a ruling, both parties must continue to fulfill their obligations and responsibilities as specified in the Agreement. The costs related to dispute resolution shall be borne by the losing party as determined by the court's ruling.
