Installment Payment Agreement

Last updated
February 2022
1. This Agreement
  1. a) This Ablr Instalment Payment Agreement (the “Agreement”) is between you as a purchaser or user (“you”,“your”), and us as the provider or facilitator (“we”, “us”, “our”) (as the case may be) (the “Merchant Services”) and applies only in the event you choose to pay for Merchant Services with us on an Instalment basis according to a Payment Plan (defined in Clause 2.3 below) presented to you at the time of the transaction (“Instalment Payment Structure”).
  2. b) By selecting the Instalment Payment Structure in relation to your payment for Merchant Services with us,you agree to be bound by the terms of this Agreement.
  3. c) The terms of this Agreement are in addition to and supplements our own terms and conditions (“Our Terms”) that you are bound to for engaging with us.
  4. d) The Instalment Payment Structure is a means of payment of your obligation to pay for the Merchant Services provided or facilitated by us under Our Terms.
  5. e) The Instalment Payment Structure is strictly personal and cannot be assigned or (re)sold to third parties.
2. The Instalment Payment Structure

2.1. In order to use the Instalment Payment Structure, you must meet the eligibility requirements of Ablr by accepting Ablr’s Terms of Service (“Ablr Terms”), available for review on the Platform, specifically:

  1. 2.1.1. You have created, and maintain a valid and active account with Ablr for use of and access to thePlatform (“Account”);
  2. 2.1.2. You are an authorised holder of your chosen payment method accepted by Ablr from time to time(“Payment Method”); and
  3. 2.1.3. You have met, and continue to meet, the eligibility requirements of the Ablr Terms

2.2. The approval of your use of the Instalment Payment Structure for each transaction will be at the sole discretion of ourselves and/or Ablr and/or other third parties as may be designated by Ablr (“Assignee”)in each instance.

2.3. For every transaction using the Instalment Payment Structure that has been approved, we will inform you, via the Platform, of (a) a payment plan (“Payment Plan”) showing amount and due date for each Instalment payment (“Instalment Payment”); and (b) your preferred Payment Method. You must review,confirm and accept the above information (“Payment Plan Confirmation”) before the transaction can be completed. These details are also available for view in your Account until you have fully repaid all applicable Instalment Payments. Your Payment Plan and your Payment Plan Confirmation are both hereby incorporated into this Agreement.

2.4. Once a transaction under Instalment Payment Structure is approved and completed as per Clause 2.2and 2.3 above, you agree to pay and accept sole liability for the full amount of the Instalment Payments.Your preferred Payment Method will be charged on each due date specified in your Payment Plan for collection of applicable Instalment Payment.

2.5. You acknowledge and agree that after the approval of the Instalment Payment Structure pursuant to Clause 2.2 above, we shall be deemed to have sold and irrevocably assigned to the Assignee our rights to receive the outstanding Instalment Payments set forth on your Payment Plan. You acknowledge and agree that the Assignee will collect Instalment Payments assigned by us, in accordance with Ablr Terms.

2.6. If an Instalment Payment is not paid nor successfully processed on or before the relevant due date as specified in your Payment Plan (including if the Payment Method is declined), you will be immediately suspended from the Platform and your Account may be deactivated (“Suspension”). We shall not be responsible or liable for any losses associated with the default of your payment obligations pursuant the Instalment Payment Structure.

3. Instalment Payment Authorisation

3.1. All Instalment Payments will be automatically charged to your preferred Payment Method in accordance with your Payment Plan. You therefore hereby expressly consent to, authorize and instruct us, Ablr andany Assignees (with or through any third party payment processors or providers) to initiate recurring debit card, or credit card and/or other types of payments from the preferred Payment Method in your Account for each Instalment Payment on the due dates set out in your Payment Plan.

3.2. You acknowledge that you are giving us, Ablr and any Assignees (with or through any third party payment processors or providers) the ability to collect or reverse variable payment amounts from or to your Payment Method, in accordance with your Payment Plan and the terms of this Agreement.

3.3. If your Account is subject to Suspension for late or rejected payments, you expressly consent to,authorize and instruct us to charge your preferred Payment Method and/or any other designated debit card or credit card to collect the total of any missed Instalment Payment at any time after the due date ofthe missed Instalment Payment. You agree that we may appoint third party collection agencies to collect any amounts owing to us under this Agreement without further notice to you.

4. Refunds

4.1. Any requests from you for refunds, returns, replacement, or waivers of payments for Merchant Services settled or to be settled under the Instalment Payment Structure shall be approved by us in accordance with our applicable refunds policy.

4.2. Any payments to be made to you in association with any refund, returns, replacement, or waivers of payments approved by us are processed by the Platform and are additionally subject to Ablr Terms as well as the terms and conditions of your preferred Payment Method.

5. Complaints and Disputes

5.1. If you have a complaint about Ablr or the Platform arising out of or related to the Instalment Payment Structure, please follow the dispute resolution mechanisms set out in the Ablr Terms.

5.2. If you have a complaint about us arising out of the transaction for which you chose to use the Instalment Payment Structure, please follow the dispute resolution mechanisms set out in Our Terms.

6. Miscellaneous

6.1. In the event of any inconsistency between the terms of this Agreement and any other terms between you and us in respect of the purchase by you of Merchant Services via an Instalment Payment Structure that is the subject matter of this Agreement, this Agreement shall control and govern the rights and obligations of the parties, unless stated otherwise.

6.2. Other than Ablr or the Assignee, a person who or which is not a party to this Agreement has no rights to enforce any term of this Agreement.

6.3. This Agreement is governed by, and will be construed under, the laws of Malaysia, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.