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(d)the Dynamic Currency Conversion program (“DCC Program”), the terms and conditions ofDCC Program contained in Schedule 4 of Appendix A shall also apply;(e)the Pay with Points program (“PWP”), the terms and conditions of the PWP contained inSchedule 5 of Appendix A shall also apply;(f)the iTerminal Value Added Services (with new features of TRM (transaction reconciliationmanagement), instant discount & promozone) (“iTVAS1”), the terms and conditions ofiTVAS1 contained in Schedule 6 of Appendix A shall also apply;(g)the iTerminal Value Added Services (provision of thirty party issuers’ easy pay plan (epp) viathe Bank’s Terminals) (“iTVAS2”), the terms and conditions of iTVAS2 contained in Schedule7 of Appendix A shall also apply;(h)the Easy Pay Plan Program (“EPP”), the terms and conditions of EPP set out in Clause 10.2 ofAppendix A and/or Clause 6.1 of Appendix C shall also apply; and(i)the DuitNow QR Services, the Additional Terms and Conditions for DuitNow QR Services setout in Schedule 1 of Appendix H shall also apply.2.3 The Appendices referred to in Clauses 2.1 and 2.2 above are collectively referred to as the“Appendices”. If there is any inconsistency between this terms and conditions and the terms andconditions in the Appendices, the terms and conditions contained in the Appendices shall prevail in sofar as it relates to the relevant Payment Channels or Programs/Services unless expressly statedotherwise in this terms and conditions.2.4 Unless otherwise agreed, monies due to the Merchant may be paid by way of direct credit to theMerchant’s Designated Account. The Merchant shall not change or close the Merchant’s DesignatedAccount without the Bank’s prior written consent. If the Merchant’s Designated Account is changedor closed by the Merchant without the Bank’s prior written consent or where the Merchant’sDesignated Account is closed for any reasons whatsoever in accordance with the terms and conditionsgoverning the Merchant’s Designated Account, the Bank may terminate the availability / use of thePayment Channels and/or Programs/Services by giving written notice to the Merchant.3.MERCHANT DISCOUNT/FEES AND OTHER SUMS OF MONEY (IF ANY) OWED3.1 The Merchant shall pay the Merchant Discount and/or a Fee on transactions at the rate notifiedby the Bank and agreed to by the Merchant from time to time.3.2 The Bank is expressly authorised to deduct the relevant Merchant Discount, Fee and/or othersums of money (if any) owed to it, arising from the merchant services, from the Merchant’s salesproceeds before paying over monies which are due to the Merchant.3.3 In addition to the Bank’s rights under Clause 3.2, and where the Merchant’s sales proceeds areinsufficient, the Merchant also expressly authorises the Bank to debit or cause to be debited from theMerchant’s Designated Account all the relevant Merchant Discount, Fees and other sums of money (ifany) due to it, arising from the merchant services. The Bank does not have to obtain the Merchant’sprior approval (written or otherwise) before the debit is made but will notify the Merchant of the debitmade.4.CHARGEBACKS4.1 If any Cardholder, eWallet User, Card Companies, PayNet or eWallet Operator disputes thevalidity of any transaction or if any transaction is invalid or if the Merchant breaches any of its5

warranties, representations or obligations or if the Bank is otherwise allowed by law or under anyrules and regulations issued by any of the Card Companies or PayNet or eWallet Operators,notwithstanding anything contained in the Appendices, the Bank may by giving notice to theMerchant:(a)refuse payment to the Merchant for the amount of such transaction; and(b)where payment has been made by the Bank to the Merchant, deduct such payment from any ofthe Merchant’s sales proceeds and/or raise a debit against the Merchant for the amount of suchtransaction and debit or cause to be debited the same from the Merchant's Designated Account.Authorisation of any transaction does not guarantee payment by the Bank.4.2 The Bank will notify the Merchant if chargebacks in any particular category has or is in threatof exceeding any threshold set by the Bank or any of the Card Companies or eWallet Operators. TheMerchant must take immediate action to rectify the failures in its processes which resulted in theexcessive chargebacks. Failure to resolve the cause of the problem may result in “ExcessiveChargebacks fines” being imposed by the Card Companies and/or eWallet Operators, which theMerchant will have to indemnify the Bank for.5.REFUNDS AND REBATES FOR CERTAIN TRANSACTIONS5.1 If the Merchant wants to make any refund or grant any rebate in respect of any PaymentChannels Transaction and/or in respect of the Programs/Services, the Merchant shall credit the refundor rebates to the relevant account from which the payment originated. The Merchant MUST NOTmake any cash refund to the Cardholder/eWallet User. If the Bank suffers any loss due to theMerchant’s breach of this term, the Merchant shall pay to the Bank the amount of the cash refund orrebate.6.STATEMENT OF ACCOUNT6.1 The statement of accounts incorporating details of the Payment Channels Transactions andunder the Programs/Services will be made available to the Merchant for retrieval on a website or webportal specified by the Bank. The Bank may also send such statement of accounts to the Merchant.Such statement of accounts shall be treated as an invoice for the Merchant Discount and/or Fee andother sums charged by the Bank.6.2If the statement of accounts:-(a)is posted on the CIMB Merchant Electronic Online Portal (e-Access) with the Bank, it isdeemed retrieved by the Merchant on the date it is posted onto the said portal; andis sent to the Merchant via post, it is deemed received seven (7) Calendar Days from the date itis sent.(b)6.3 Any dispute by the Merchant as to the correctness of the statement shall be notified in writingby the Merchant to the Bank within fourteen (14) Calendar Days from the date of retrieval or receiptor deemed retrieval or receipt. TAKE NOTICE THAT IF THE MERCHANT DOES NOT WITHINTHE AFORESAID FOURTEEN (14) CALENDAR DAYS DISPUTE THE CORRECTNESS OFTHE STATEMENT AND NOTIFY THE BANK IN WRITING OF ANY ERROR, DISCREPANCYOR INACCURACY OF ANY ENTRY THE MERCHANT IS DEEMED TO HAVE ACCEPTEDTHE ENTRIES IN THE STATEMENT AS CORRECT (INCLUDING ANY INDEBTEDNESS)AND FINAL AND CONCLUSIVE EVIDENCE AS AGAINST THE MERCHANT AND BINDINGON THE MERCHANT AND THE MERCHANT MAY NOT BE ALLOWED TO CLAIM THATTHE STATEMENT CONTAINS ANY ERROR, DISCREPANCY OR INACCURACY.6

7.TAXES7.1 All fees and charges payable by the Merchant are stated exclusive of goods and services tax,service tax, value added tax or similar tax which may be imposed. The Bank may deduct such taxesfrom the Merchant’s sales proceeds and/or debit or cause to be debited such taxes from theMerchant’s Designated Account. The Bank does not have to obtain the Merchant’s prior approval(written or otherwise) before the deduction and/or the debit is made but will notify the Merchant ofthe deduction and/or debit made.8.SET-OFF AND WITHHOLDING OF PAYMENT8.1. The Bank may, by giving the Merchant seven (7) calendar days’ prior notice, exercise any rightof set off on any and all account(s) of the Merchant against any sums payable to the Bank from theMerchant. The right of set off can be applied between accounts even though the accounts may not bein the same currency (in this situation the Bank may carry out the set off with the necessaryconversion of the foreign currency at the Bank's prevailing exchange rate). Before carrying out anyset-off, the Bank may earmark any available funds in the Merchant’s accounts against the Merchant’soutstanding balance upon giving notice to the Merchant. Where the Merchant’s accounts are not in thesame currency, the Bank may earmark an amount which is equivalent to, or sufficient to satisfy theMerchant outstanding balance based on the Bank’s prevailing exchange rates.8.2 In the event that suspicious or abnormal settlement transactions are detected and the Bank hasreason to believe that there is fraud, the Merchant shall facilitate the Bank’s further investigation andthe Bank may withhold and/or refuse payment for such settlement transactions to the Merchant.9.DISPUTE RESOLUTION AND PRODUCTION OF RECORDS9.1 To resolve disputes or to address complaints arising from any Payment Channels Transactionand/or Programs/Services, the Merchant must provide the Bank with the original copy or photocopiesor printouts (as required by the Bank) of the Payment Instructions, Mail Order Forms, CreditSlips/Sales Slip/Terminal Slip, statements, bills or invoices, sales or other information or records ofthe Merchant within fourteen (14) Calendar Days from the Bank's written request. All PaymentChannels Transaction and Programs/Services records must be retained for at least eighteen (18)months from the relevant transaction and the Merchant must comply with the dispute resolutionprocesses of the Bank and/or Card issuer and/or any of the Card Companies and/or PayNet and/oreWallet Operator.10.TERMINATION10.1 Either Party may terminate the availability / use of all or any of the Payment Channels and/orPrograms/Services individually without affecting any of the other Payment Channels andPrograms/Services for convenience without cause by giving written notice to the other of at leastthirty (30) Calendar Days before the intended date of termination. Additionally, the Bank may alsoimmediately terminate the availability / use of all or any of the Payment Channels and/orPrograms/Services by giving written notice to the Merchant if:(a)the Merchant breaches any of these terms and conditions and does not remedy the breachwithin ten (10) Calendar Days after it is notified of the breach;(b)the Bank has reasonable grounds to suspect that the Merchant is involved in terrorism financingor business or business transactions and/or where monies are received from unlawful activitiesin breach of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of UnlawfulActivities Act 2001 (“AMLATFA”);7

(c)the Bank has reasonable grounds to believe that the Merchant accepted payment for atransaction even though it knew or ought to have known or had reasons to suspect or that it wasa fraudulent or improper transaction;(d)the Merchant has taken steps to enter or receives an order for any voluntary arrangement,judicial management, scheme of compromise, arrangement, reorganization or composition withor for the benefit of its creditors or allows any judgement against it to remain unsatisfied for aperiod of fourteen (14) Calendar Days or has any distress or execution or other process of courtof competent jurisdiction levied upon or issued against its property or assets and it is notsatisfied by the Merchant within seven (7) Calendar Days from the date of such issuance of thedistress or execution or other process, as the case may be;(e)the Merchant being a limited company, goes into liquidation (except a voluntary liquidation forthe purpose of amalgamation or reconstruction on terms previously approved in writing by theBank) or threatens or passes a resolution to wind-up or is in jeopardy of becoming subject toany form of insolvency proceedings. In the case of the Merchant being a proprietorship orpartnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving or whereproceedings are commenced or a resolution is passed for the bankruptcy, winding up ordissolution of the Merchant or proceedings are commenced for the judicial management of theMerchant or a nominee, trustee, supervisor, manager, judicial manager, administrator, receiver,receiver and manager liquidator or similar officer is appointed over the Merchant or any of itsassets or any part thereof of a meeting, whether formal or informal being called by theMerchant’s creditors or any of them, or where the Merchant commits any act of bankruptcy;(f)the Merchant ceases or threatens to cease to carry on its business;(g)the Merchant defaults on any account or accounts or facilities it has with the Bank or any otherfinancial institution;(h)the Merchant retires, goes insane or dies (if he is an individual) or there is a change in theprincipals of the Merchant or their major or controlling shareholders or partners (if it is acorporate or business entity);(i)the Bank has reasonable grounds to believe that the Merchant or any of its officers, employeesand/or agents is involved in any irregularity or fraud or is suspected of irregularity or fraud byany of the Card Companies or any other issuer of any Card or PayNet and/or any eWalletOperator with regard to any Payment Channels Transaction and/or Programs/Services;(j)any information or any documents provided by the Merchant to the Bank is incorrect ormisleading or inaccurate;(k)required by law; or(l)the Merchant has been charged or convicted of a criminal offence relating to fraudulent orillegal activity.10.2 The termination of the availability of all or any of the Payment Channels and/orPrograms/Services does not affect any rights, obligations and liabilities of either Party which arosebefore the termination and the Bank's rights to perform chargeback provisions shall survive suchtermination. The Bank will not carry out any payment transactions submitted to the Bank after theeffective date of the termination or suspension.10.3 Upon termination of the availability of the Payment Channels and/or Programs/Services, allsums owing by the Merchant to the Bank relating to that Payment Channel and/or Program/Serviceshall become immediately due and payable. The Merchant shall at its own costs and expense8

immediately return to the Bank all items relating to that Payment Channel and/or Program/Serviceprovided by the Bank in good working order and condition (fair wear and tear accepted).10.4 The Bank’s rights and Merchant’s obligations in Clauses 4, 8, 13, 16, 17 and 20 shall survivethe termination of use of all or any of the Payment Channels and/or Programs/Services.11.SUSPENSION NOTICE11.1 If the Merchant fails to provide to the Bank any requested information or documents reasonablyrequired by the Bank within seven (7) Business Days from the Bank’s request, or if the Bank hasreasonable grounds to suspect that the Merchant has breached or intends to breach any of these termsand conditions or suspicious or abnormal settlement transactions are detected or due to regulatoryreasons, the Bank may (without terminating the availability of the Payment Channels and/orPrograms/Services) immediately suspend the operation of all or any of the Payment Channels and/orPrograms/Services individually without affecting any of the other Payment Channels andPrograms/Services by service of notice on the Merchant (“Suspension Notice”). If the SuspensionNotice is not revoked by the Bank within seven (7) Business Days or such other extended period asthe Bank may permit from the date of the issuance of the Suspension Notice, the Bank mayimmediately terminate the Payment Channel and/or Program/Service that was suspended by givingthe Merchant notice of the termination. The Bank will not be liable to the Merchant for any losssuffered by the Merchant for the suspension and/or the suspension and termination of the PaymentChannel and/or Program/Service as aforesaid.11.2 The Bank also reserves the right to serve the Suspension Notice referred to in Clause 11.1 on theMerchant if the Merchant fails to provide to the Bank within ninety (90) Calendar Days any requestedPCI-DSS related document to ensure the Merchant is in compliance with the PCI-DSS and withinfourteen (14) Calendar Days from the Bank’s request for any other relevant PCI-DSS renewaldocuments.12.CONCLUSIVENESS12.1 Any record obtained from any of the Card Companies, PayNet, any eWallet Operator or anyother relevant third party’s system, database or network shall be conclusive and binding on theMerchant save for manifest error.12.2 Any document, computer generated statement or certificate (which does not require anysignature) issued by the Bank and or certificate signed by any of its officers stating any amount due orowing by either Party to the other shall be conclusive evidence and binding on the Merchant save formanifest error. The Bank may however correct any error appearing in any statement or certificate byissuing a substituted document in its place.13.CONFIDENTIALITY AND RIGHT OF DISCLOSURE OF INFORMATION13.1 The Merchant shall keep all information relating to the merchant services confidential and shallnot disclose the same to any other person without the PRIOR written consent of the Bank.Confidential information subject to the restriction includes customers and/or Cardholders and/oreWallet Users information and transaction information, information received from the Bank that is notpublicly available including, without limitation, Merchant Discount and Fees payable by theMerchant. The Merchant shall also not store, copy, or reproduce in any form any data containingCard, Cardholder, eWallet User and customers’ information. The Merchant shall ensure that its9

personnel, directors and officers who have access to such information shall comply with theprovisions of this term.13.2 If the Merchant is required by law to disclose any confidential information, the Merchant shallpromptly notify the Bank of the requirement to allow (but not oblige) the Bank a reasonableopportunity to obtain a protective order to protect the interests of the Bank.13.3 The Merchant agrees and authorises the Bank to disclose any information related to theMerchant and the Merchant’s affairs and/or any accounts maintained by the Merchant with the Bank,to facilitate any Payment Channels Transaction and/or Programs/Services and/or for purposes ofchargeback under Clause 4 and/or towards the recovery of any moneys due and owing from theMerchant to the Bank and/or for facilitating business, operations, facilities and services of or grantedor provided by the Bank and/or the Group Companies, to the following persons:(a)the Credit Bureau established by Bank Negara Malaysia and other relevant authorities to whomthe Bank is required to make disclosures or have jurisdiction over the Bank;(b)any other bank or financial institution, PayNet or any of the Card Companies or any memberinstitution of the Card Companies or any other card company or any eWallet Operator;(c)any of the Bank’s agents, sub-contractors, service providers, auditors, legal counsel,professional advisors, in or outside Malaysia; and/or(d)entities within the group of CIMB Group Holdings Berhad, the Bank's

3 "FPX" means the direct-to-bank internet payment gateway operated by PayNet, which facilitates internet payments and e-commerce purchases using savings and current accounts. "JomPAY" means Malaysia's national bill payment scheme operated by PayNet where customers can pay any registered biller from internet or mobile banking by drawing funds from their current, savings or