Payments, Commissions & Collection Policy

Payments, Commissions, and Collection Policy – Kush One Platform

Effective Date: __ / __ / 20__
Last Updated: __ / __ / 20__

Article 1: Scope of the Policy

This Policy governs payment methods, collection of order values, Platform commissions, settlement of Seller entitlements, refunds, fees, set-off, and financial operations conducted through the Kush One platform.

It forms an integral supplement to the General Terms of Use and the seller, purchase, shipping, cancellation, and refund policies.

Article 2: Definitions

For the purposes of this Policy:

1. Order Value: the total amount due for the Product or Service under the confirmed order.
2. Commission: the percentage or amount due to the Platform in respect of a transaction.
3. Fees: amounts due for payment, subscription, advertising, shipping, or any additional service.
4. Seller Entitlements: amounts collected from the Seller’s sales after statutory and contractual deductions.
5. Payment Service Provider: the bank, financial institution, or licensed entity that processes the payment or transfer.
6. Settlement: remittance of the Seller’s net entitlements after release conditions are satisfied.

Article 3: Nature of the Platform’s Role

Kush One acts as an electronic intermediary facilitating payment and collection between Seller and Buyer through licensed providers.

The Platform is not a bank, financial institution, or deposit-taking entity, and does not provide independent credit or money-transfer services except after obtaining the required license.

Collected amounts are not Platform revenue, except for commissions, fees, and amounts due to it.

Article 4: Payment Methods

The Platform may offer one or more of the following methods:

1. Bank transfer.
2. Bank cards.
3. Wallets and electronic payment services.
4. Point-of-sale.
5. Cash on delivery.
6. Staged payment.
7. Any other method approved by the competent authorities.

Use of each method is subject to the provider’s terms and its technical and financial limits.

Article 5: Payment Details

The user undertakes to provide accurate details and to use a payment method owned by the user or that the user is legally authorized to use.

It is prohibited to use:

• Inaccurate or stolen banking details.
• Third-party accounts without authorization.
• Funds of unknown or unlawful origin.
• Sham or fraudulent operations.
• Payment methods not approved by the Platform.

The user is responsible for any payment details or instructions provided.

Article 6: Payment Confirmation

An order is not considered paid until receipt of the amount is confirmed by the bank or Payment Service Provider.

A transfer image or notice sent by the user is not sufficient proof of payment unless the transaction is matched in the approved account or system.

The order may be suspended pending payment verification.

Article 7: Collection of Order Value

The Seller authorizes the Platform or the approved Payment Service Provider to collect order values on the Seller’s behalf and to deduct commissions, fees, and amounts due under this Policy.

This authorization does not transfer product ownership to the Platform or make it the selling party in the transaction.

Article 8: Protection of Amounts

The order value may be temporarily held with the Payment Service Provider or in the designated settlement account until:

1. Delivery confirmation.
2. Expiry of the inspection period.
3. Completion of installation or commissioning, where agreed.
4. Settlement of any outstanding complaint or claim.
5. Satisfaction of release conditions specified in the order.

Temporary holding of an amount does not constitute a bank deposit with the Platform.

Article 9: Cash on Delivery

Where cash on delivery is available:

1. The Buyer must pay the full amount by the specified method.
2. Announced collection or delivery fees may be charged.
3. Refusal of receipt without a legitimate reason is prohibited.
4. The service may be restricted upon repeated order refusals.
5. Amounts are remitted to the Seller after receipt and matching.

The causing party bears re-shipping fees or delivery-failure costs.

Article 10: Staged Payments

For factories, production lines, and high-value equipment, staged payments may be adopted, including as agreed:

• Deposit installment.
• Manufacturing or supply start installment.
• Pre-shipment installment.
• Delivery installment.
• Post-installation or acceptance-test installment.

The value of each installment, entitlement conditions, and refund cases must be specified in the quotation or supply contract.

Article 11: Platform Commission

The Platform’s commission becomes due upon completion of the transaction or occurrence of the event specified in the fee schedule.

Commission may be calculated:

1. As a percentage of Product or Service value.
2. As a fixed amount.
3. According to a classification tier.
4. According to a subscription or commercial package.
5. As a combination of percentage and fixed amount.

The commission amount is set out in a separate schedule forming an integral part of this Policy.

Article 12: Commission Calculation Base

Unless otherwise announced, commission is calculated on Product or Service value after commercial discounts and before deduction of payment, shipping, and tax charges.

Shipping, customs, or insurance costs are not included in the commission base unless the fee schedule provides otherwise.

Article 13: Accrual of Commission

Commission accrues upon:

1. Buyer confirmation of receipt.
2. Expiry of the inspection period without complaint.
3. Signing of the receipt or commissioning report.
4. Performance of the Service.
5. Completion of a transaction off-Platform after it originated through the Platform for the purpose of avoiding fees.

No commission accrues on an order cancelled due to Product unavailability or Seller breach before performance, provided that actual costs incurred by the Platform or service provider may be deducted.

Article 14: Other Fees

The Platform may charge fees for:

• Seller registration or subscription.
• Product listing.
• Promotion and advertising.
• Payment and collection services.
• Shipping and warehousing.
• Verification and inspection.
• Installation and maintenance.
• Reports and technical services.
• Any additional services requested by the user.

Fees must be announced before the service is provided or committed to.

Article 15: Payment Service Provider Fees

Fees imposed by the bank or Payment Service Provider may be deducted from the collected amount or charged to the party specified in the order.

Such fees are subject to the provider’s terms. The Platform is not liable for any increase or change imposed by that provider.

Article 16: Settlement of Seller Entitlements

Seller entitlements are remitted after:

1. Confirmation of transaction completion.
2. Expiry of the inspection or objection period.
3. Deduction of commissions and fees.
4. Deduction of due refunds and compensation.
5. Satisfaction of verification and compliance requirements.
6. Absence of a dispute or legal hold.

Settlement is made within the period specified in the settlement schedule, unless a disputed transaction or banking circumstance beyond the Platform’s control exists.

Article 17: Seller Account

Entitlements are transferred to an approved bank account or collection method in the name of the Seller or its establishment.

Transfer to another person’s account is not permitted except with Platform consent and submission of the required authorization and documents.

The Seller is responsible for the accuracy of account details and bears costs arising from inaccurate information.

Article 18: Settlement Statement

According to the available system, the Platform provides the Seller with a statement showing:

• Total sales.
• Completed and cancelled orders.
• Commission amounts.
• Payment and service fees.
• Refunds and compensation.
• Taxes or withholdings.
• Net amount transferred.
• Transfer date and reference.

The Seller must object to the statement within thirty (30) days of its availability; otherwise it is deemed accepted unless a material error is proven.

Article 19: Financial Reserve

The Platform may temporarily retain part of the Seller’s entitlements to cover risks of:

1. Refunds.
2. Disputes.
3. Non-delivery.
4. Long-term warranties.
5. Elevated complaint or cancellation rates.
6. Suspected fraud.
7. Potential obligations toward Buyers.

The reserve amount and duration are determined according to risk level and released after the reason for retention ceases, with the basis explained to the Seller.

Article 20: Suspension of Entitlements

Remittance of Seller entitlements may be suspended where:

• A complaint or dispute exists.
• Fraud or money laundering is suspected.
• Inaccurate documents are submitted.
• Platform policies are breached.
• An order is issued by a competent authority.
• A financial obligation is due to the Platform.
• The beneficiary account cannot be verified.
• A refund or chargeback is likely.

Suspension is not forfeiture of the amount and continues only to the extent and for the period required for verification or settlement.

Article 21: Set-Off and Deduction

The Seller authorizes the Platform to set off its entitlements against any amounts established as due from it, including:

1. Commissions and fees.
2. Amounts refunded to Buyers.
3. Shipping or inspection costs.
4. Compensation arising from the Seller’s breach.
5. Taxes and statutory withholdings.
6. Amounts paid to the Seller in error.

If Seller entitlements are insufficient, the Seller must pay the balance within the period specified by the Platform.

Article 22: Refunds

Refunds are processed under the Cancellation, Replacement, and Refund Policy.

Where possible, the amount is returned to the original payment method after approval of the request and completion of requirements.

The Seller bears the refund amount and related fees if caused by Seller breach. No fee may be deducted from the Buyer if the refund results from defect, non-conformity, or non-delivery.

Article 23: Chargebacks and Banking Objections

Where the payment-instrument holder objects or a chargeback is processed by the bank or provider, the Platform may:

1. Suspend the disputed amount.
2. Request documents proving the transaction and delivery.
3. Deduct the amount and fees from Seller entitlements.
4. Return the amount if the objection is validated.
5. Take action against the non-compliant user.

The responsible party bears objection or chargeback fees.

Article 24: Erroneous Transactions

Any transaction or entry made in error may be corrected, and amounts transferred without entitlement may be recovered.

The user must notify the Platform immediately upon becoming aware of any excess amount or incorrect transaction, and may not dispose of an amount known not to be due.

Article 25: Taxes and Government Fees

Each user bears taxes, zakat, customs duties, and government fees relating to the user’s activity or transaction, in accordance with the law.

The Platform may make any deduction or withholding required by law and provide the user with the available supporting document.

The Platform does not provide tax advice. The user remains responsible for registration, returns, and invoices.

Article 26: Invoices

The Seller is responsible for issuing the Product or Service invoice, unless the Platform issues it on the Seller’s behalf under an authorization or approved system.

The Platform may issue a separate invoice for its commissions and service fees.

Article 27: Currencies and Conversion

The currency of each transaction is specified before confirmation.

Upon conversion between currencies:

1. The exchange rate adopted by the bank or provider applies.
2. Announced conversion fees may be charged.
3. The user bears exchange-rate differences.
4. Foreign-exchange transactions may be conducted only through licensed entities.
5. International transactions are subject to foreign-exchange, import, and export controls.

The Platform does not guarantee exchange-rate stability between the order date and settlement.

Article 28: International Transactions

International payments are subject to the banking, customs, and tax laws and restrictions of the relevant countries.

The parties to the transaction are responsible for determining:

• Currency.
• Beneficiary bank.
• Transfer fees.
• Letters of credit or bank guarantees.
• Payment stages.
• Effect of banking delay.
• Responsibility for exchange differences.
• Documents required for the transfer.

The Platform may refuse any transaction that cannot be executed legally or through banking channels.

Article 29: Anti-Money Laundering and Anti-Fraud

The Platform and Payment Service Providers may:

1. Verify the user’s identity and beneficial owner.
2. Request the source of funds and supporting documents.
3. Monitor unusual operations.
4. Set transaction limits.
5. Suspend or refuse the operation.
6. Retain records.
7. Notify competent authorities in accordance with the law.

The user may not be notified of measures that the law prohibits disclosing.

Article 30: Transaction Limits

Transaction amounts and volumes are subject to limits set by the Platform, banks, Payment Service Providers, or regulatory authorities.

Limits may be amended according to verification level, account type, nature of activity, and transaction risk, without creating an obligation to execute any transaction exceeding approved limits.

Article 31: Disruption of Financial Services

The Platform is not liable for delay resulting from:

• Bank or payment-system outages.
• Communications or power interruptions.
• Clearing or transfer delays.
• Governmental or banking restrictions.
• Account freezes.
• Force majeure.

The Platform undertakes to take reasonable measures to follow up and correct the transaction where possible.

Article 32: Payment Security

The Platform takes appropriate technical and organizational measures to protect transaction data and does not retain full card data where processed directly by an independent provider.

The user must protect account credentials and verification codes and must not share them with others.

Article 33: Financial Records

Records of the Platform, Payment Service Provider, and bank are a reference for proving transactions, unless shown to be erroneous.

Records may be retained for the period needed for legal, accounting, security, and dispute-settlement purposes.

Article 34: Anti-Circumvention

Seller and Buyer are prohibited from completing a transaction off-Platform for the purpose of avoiding commissions or bypassing payment and protection systems.

Where proven, the Platform may:

1. Collect the due commission.
2. Suspend or close the account.
3. Stop services or entitlements.
4. Claim compensation for damage.

Article 35: Limitation of Liability

The Platform is not liable for a bank’s refusal of a transaction, transfer delay, exchange-rate change, provider fees, or unauthorized use of a payment method, except where the damage arises directly from proven gross negligence by the Platform.

No limitation applies to liability that may not be excluded by law.

Article 36: Amendment of Fees and Commissions

The Platform may amend fees and commissions for legal, operational, or commercial reasons, provided amendments are announced a reasonable time before they take effect.

Amendments do not apply retrospectively to confirmed orders, unless imposed by a competent governmental or financial authority.

Article 37: Governing Law and Dispute Resolution

This Policy is governed by the laws of the Republic of Sudan and the instructions of the Central Bank of Sudan and competent financial authorities.

Disputes shall be settled amicably within thirty (30) days from the date of notice. If that is not possible, the competent Sudanese courts shall have jurisdiction, unless there is a written agreement on arbitration or another lawful mechanism.

Article 38: Contact Details

Financial inquiries and complaints should be directed to:

Kush Integrated Solutions Co. Ltd.
Kush One Platform

• Payments Email: ______________
• Complaints Email: _______________
• Phone: ______________________________
• Registered Address: __________________________
• Company Registration No.: ________________________