This Public Agreement is an official offer (public offer) of the Discover Almaty Limited Liability Partnership (hereinafter - Discover Almaty LLP), BIN 190 440 023 238, legal address: RK, Almaty city, Al-Farabi ave, 77/7, n.p. 17a, IIC KZ 076 018 771 000 934 371, HSBKKZKX, in Halyk Bank of Kazakhstan JSC, Almaty, KBE 19, website: www.discoveralmaty.com, e-mail: firstname.lastname@example.org, phone number: +7 727 355 70 77, represented by the General director Aydarbekova D.Yu. acting on the basis of the Charter (hereinafter referred to as the Contractor).
Discover Almaty LLP proposes to conclude this Public Agreement (hereinafter referred to as the Agreement) in connection with the provision of electronic paid services on the terms specified in the Agreement with anyone who responds.
This Agreement in accordance with the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan) is an offer agreement, the full and unconditional acceptance (acceptance) of the terms of which is considered the implementation by the Registered User of implicit actions - pressing the button "I agree with the terms of the Public Agreement" located on the above website.
In connection with the above, carefully read the text of this Agreement. If you do not agree with any clause of the Agreement, the Contractor invites you to refuse to conclude this Agreement.
1. CONCEPTS AND TERMS USED IN THE CONTRACT
Contractor - Discover Almaty LLP.
User - a person using the information located on the Site, but not registered on it.
Registered user - a person using the information located on the Site and registered on it.
Customer - a Registered User who has accepted this Agreement.
Site - the website of the Contractor located on the Internet resource www.discoveralmaty.com, i.e. the electronic information resource of the Contractor, displayed in text, graphic, audiovisual or other form, placed on the hardware and software complex, having a unique network address and (or) domain name and functioning on the Internet.
Offer - this "Public Agreement" for the provision of services, published on the Site of the Contractor.
Services - electronic paid services: informational, interactive services provided in the territory of the Republic of Kazakhstan to any adult capable individual, or a representative of a legal entity, using Information Technologies associated with the purchase of the Services by the Customer in accordance with the terms of this Agreement. In connection with the provision of Services under this Agreement, the Object may also be transferred to the Customer.
Object - subscription (s) and (or) sample (s) / template (s) of legal and (or) accounting documents located on the Contractor's Website.
Order - an application for the purchase or use of an Object or Services, drawn up in accordance with the terms of this Agreement.
Acceptance - the response of the Registered User or the performance by the Registered User of the actions defined by this Agreement, indicating the full and unconditional acceptance of all its conditions, by ticking the box "I accept the terms of the Public Agreement" on the Contractor's Website and fulfillment of the obligation to pay for the services of this Agreement, which is thus by the Customer of services under this Agreement.
Pricelist is a current systematized list of the Contractor's services with prices, published on the Contractor's Website.
Interactive services are the provision of information for the Customer at his request. By telephone service, messaging service and search service.
Information technology is a set of methods, production processes and software and hardware, combined into a technological complex that provides collection, creation, storage, accumulation, processing, search, output, copying, transmission and distribution of information.)
Exclusive right - a set of rights belonging to the rightholder (citizen or legal entity) to use at his own discretion in any way that does not contradict the law of the result of intellectual activity or means of individualization, and to prohibit or permit such use by other persons. The effect of the Exclusive Right transferred under the Agreement extends to the territories of all countries of the world.
Parties - Parties to the Agreement are jointly the Contractor and the Registered User / Customer.
Personal data - information regulated by the Agreement relating to a specific individual or legal entity, recorded on electronic, paper and (or) other material media.
Collection of Personal Data - actions aimed at obtaining Personal Data;
Processing of Personal Data - actions aimed at the accumulation, storage, modification, addition, use, distribution, depersonalization, blocking and destruction of Personal Data.
Third parties - persons associated, both now and in the future, with the Contractor by the circumstances or legal relationships for the Collection, Processing and protection of the Customer's Personal Data.
A computer incident is an anomalous phenomenon that can affect the confidentiality, integrity and availability of information. A computer incident may indicate: an intrusion into a computer system, a system failure, denial of service, information theft, malicious activity, and other unauthorized or illegal activities.
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes to provide the Service in accordance with the Order, and the Registered User / Customer undertakes to place the Order, as well as pay for the Service. The fact of payment for the Service under this Agreement The Registered User / Customer confirms the fact of acceptance of the terms of this Agreement.
1.2. The rights to the Service under the Agreement are transferred from the moment of execution of the relevant Order and payment for services under the Agreement by the Registered User / Customer, which are determined according to the data of the Contractor's software and hardware.
1.3. The procedure for making an Acceptance.
The Contractor's proposal is considered accepted and approved by the Registered User / Customer from the moment the latter completes all of the following actions to place an Order:
1.3.1. registration of the User on the Site of the Contractor specified in this Agreement;
1.3.2. performance by the Registered User of implicated actions indicating acceptance (Acceptance) of this Agreement, in particular, putting a tick in the box "I accept the terms of the Public Agreement" in the corresponding field of the Site page, indicating the acceptance of the Agreement;
1.3.3. payment for the completed Order by the Registered User for the Service in the manner and on the terms specified in the Agreement;
1.4. When making an Acceptance by the Registered User in the above paragraphs, it is considered that:
- The status of the Registered User has changed to the status of the Customer under this Agreement.
- The customer has read, agreed and accepted all the terms of this Agreement;
- The Contractor has received an acceptance;
- The agreement is concluded, does not require bilateral signing, is valid in electronic form;
- the conclusion of this Agreement is equivalent to the conclusion of the Agreement in writing.
1.5. The Contractor has the right to withdraw his offer to conclude this Agreement at any time, but this is not a basis for the Party's refusal of obligations.
1.5.1. The Contractor has the right to withdraw his proposal to conclude the Agreement at any time, due to failure to comply with clauses. 2.3.3. actual agreement.
1.6. The Contractor takes all reasonable measures to ensure that the Service is uninterrupted and does not contain inaccuracies, errors or defects, however, the Contractor cannot guarantee this due to technical costs or a Computer incident.
1.6.1. The Contractor's obligations to support the Software and the Database on the Internet do not include providing the Contractor with access to the Internet. The User provides his own access to the Internet independently.
1.6.2. The site may be temporarily unavailable, in part or in full, and accordingly, the provision of the Services may be temporarily terminated, in part or in full due to preventive or other work, as well as for any other technical reasons. The Contractor has the right to periodically carry out the necessary preventive or other work with or without prior notification of the Users.
1.6.3. When using the Site of the Contractor, the Customer is prohibited from any actions aimed at obtaining unauthorized access to the server resources and information of the Contractor, personal account and other data of other Customers, as well as any other data available through the Internet and the Contractor's server.
2. TERMS OF PROVISION OF SERVICES
2.1. The conditions for the provision of the Services and the obligations assumed by the Customer under the Agreement, including the Rules for using the Site, must be fulfilled by the Customer.
- the data entered by the User, when registering on the Contractor's website, must be reliable, and the User is solely responsible for their accuracy;
- the User is responsible for the safety and confidentiality of his password during registration and when entering a password;
- the use of the Site and (or) the use of the Contractor's Services should be carried out by the Customer only for legal purposes and by legal means in accordance with the legislation of the Republic of Kazakhstan.
- The Customer independently monitors changes in the terms of the Agreement made by the Contractor.
2.2. At the order of the Customer, the Contractor provides the Service in the form in which it is available at the time of provision, without direct or indirect guarantees. Types, features, basic properties, volume, quantity and (or) completeness, term of provision and other conditions for the provision of Services, as well as the format of their presentation are determined by the Contractor. The Customer receives the Service voluntarily (at his choice), with the condition of full acceptance of all risks and consequences. When using the Contractor's Website, the Contractor is not responsible for the discrepancy between the provided Service and the Customer's expectations.
2.3. Conditions for the provision (purchase) of the Services.
A registered user places an Order based on the following options:
2.3.1. one-time Service, implies the provision of one Service, or the Services provided once upon the order of the Customer;
2.3.2. regular Service, i.e. Service provided on a permanent (continuous) basis and (or) for a long time and (or) a set of Services, united by a certain feature;
2.3.3. repeated Service, i.e. A service that is not provided constantly, but only when a Registered User / Customer needs it according to his Order.
2.4. As part of the execution of the Public Agreement, the Registered User / Customer can issue an unlimited number of Orders. In this case, the partial execution of a certain Order (provision of the Service) does not terminate the Agreement for the rest of the terms of the Order.
3. PRICE, PERIOD AND PROCEDURE FOR PAYMENT FOR SERVICES
3.1. Payment for the Services under this Agreement is carried out by the Registered User on the terms of 100% (One hundred percent) prepayment, within 1 (one) working hour from the date of the Order; or, within 1 (one) business day from the date of receipt of the Invoice for payment. The cost of the Services does not include value added tax.
3.1.1. You can pay for the goods with a Visa or Mastercard using the PayBox.money payment system. After choosing the product and the PayBox.money payment system, a secure window will open with the payment page of the Paybox processing center, where you need to enter your bank card details. For additional authentication of the cardholder, the 3D Secure protocol is used. If your Bank supports this technology, you will be redirected to its server for additional identification. For information on the rules and methods of additional identification, check with the Bank that issued your bank card. Also, when you save the card when paying through the PayBox.money payment system, a random amount will be debited and returned to the payer's card.
3.2. By this Agreement, the Parties agreed that non-fulfillment or improper fulfillment by the Registered User of the obligation to pay for the corresponding Order frees the Contractor from the execution of such Order, i.e. The order is considered not completed by the Registered User, and not received by the Contractor and, accordingly, not accepted for execution.
3.3. Payment for the Services under this Agreement by the Customer is made by bank transfer in any of the ways selected below, proposed by the Contractor on the Site in the section - "Ordering":
- by card (for individuals).
3.3.1. The price list of the Services under this Agreement is determined by the Contractor independently and communicated to the User / Registered User by posting on the Contractor's Website, and / or at the Contractor's offices, and / or third parties or in any other way not prohibited by the legislation of the Republic of Kazakhstan.
3.4. The cost of the Services is established in tenge - in the national currency of the Republic of Kazakhstan. All payments for the Services under this Agreement are made in tenge - the national currency of the Republic of Kazakhstan.
3.5. Payment for the Services is carried out depending on the settlement procedure chosen by the Subscriber through the following settlement systems: credit settlement procedure, advance settlement procedure.
3.6. The date of payment for the Services (crediting of funds by the Customer) is the date of receipt of funds to the account of the Contractor.
4. ACCEPTANCE-TRANSFER OF THE RENDERED SERVICES
4.1. Acceptance and transfer of the Object or the Services under this Agreement shall be performed no later than 1 (one) working hour from the moment of completion of the provision of the Services under the relevant Order. The Contractor undertakes, by his own efforts and means, to present to the Customer an Act of Completed Works (Services Rendered) (hereinafter referred to as the Act) in two original copies, signed on his part. Along with the Act, the invoice is presented in one original copy.
4.2. Acceptance and transfer of the Object or Services under this Agreement is carried out by exchanging messages sent by e-mail to the registered User's email address specified during registration on the Site http: www.discoveralmaty.com.
If necessary, the drawn up Act and Invoice are transferred by the Contractor in hard copy, and the User receives it by his own efforts and means at the actual location of the Contractor. The User is obliged to sign the Act if the Services comply with the terms of the Agreement within 3 (three) working days from the date of receipt, and return one signed copy to the Contractor, or provide a justified refusal to sign the Act in writing. If, within the specified period, the Contractor has not received a justified refusal to sign the Act, the Services for the relevant Order are deemed to be provided in accordance with the terms of the Agreement, without deviations from the Agreement that worsen the services, or other shortcomings, including in quality, volume and time, and accepted by the User without any claims.
4.3. The date of the provision of the Services under the relevant Order is the date of execution of the relevant Order, which is determined according to the data of the software and hardware of the Contractor.
5. CONSENT TO THE COLLECTION, PROCESSING OF PERSONAL DATA
5.1. In accordance with the legislation of the Republic of Kazakhstan governing relations related to the Collection, Processing of Personal Data when the Registered User makes an Acceptance, in the manner specified by the Agreement, the Registered User gives unconditional consent to the Contractor and Third Parties for the Collection, Processing, cross-border transfer (if necessary) of Personal Data registered user, in ways that do not contradict the legislation of the Republic of Kazakhstan, for the purposes regulated by the Agreement, and in sources, including those publicly available, at the discretion of the Contractor, in connection with existing or arising with the Contractor or arising in the future any civil and (or) other legal relations, hereinafter - Personal data of the Customer.
5.2. Under the Personal data of the Customer, the Parties have determined the following information related to the Customer, as well as changes and (or) additions occurring in them in the future, recorded on electronic, paper and (or) other material media, including, but not limited to: surname, name, patronymic, IIN, date of birth, place of work and position, postal address (residence address, registration (registration) address), home, work, mobile phone number, e-mail address (s).
5.3. Collection, Processing and cross-border transfer (if necessary) of the Customer's Personal Data is carried out by the Contractor for the following purposes, including, but not limited to:
- for the proper execution of the Agreement, as well as the rights and obligations assigned to the Contractor by the legislation of the Republic of Kazakhstan;
- for judicial and extrajudicial protection of the Contractor's rights: in case of violation of obligations under this Agreement; in case of disputable situations, including disputable situations with third parties;
- to conduct research aimed at improving the quality of the Services;
- to conduct marketing programs, statistical research, as well as to promote the Services by making direct contacts with the Customer using various means of communication, including, but not limited to: mailing, e-mail, telephone and (or) fax communication, the Internet and etc.
5.4. The Customer, transferring Personal data to the Contractor through open communication channels, realizes and assumes the risk of unauthorized receipt by other persons and the consequences associated with this. The Contractor is not responsible for the unauthorized receipt of Personal Data by other persons of their transfer with open communication channels.
5.5. The Customer's consent to the Collection, Processing and cross-border transfer (if necessary) of Personal data, regulated by this section, can be withdrawn in cases regulated by the legislation of the Republic of Kazakhstan, on the basis of a corresponding written application, which is handed to the Contractor within a period of at least 30 (thirty) calendar days prior to the date of revocation of this Consent. At the same time, the User is aware that this Consent cannot be revoked in cases where this revocation contradicts the legislation of the Republic of Kazakhstan, or if there are obligations not fulfilled by the Customer to the Contractor.
6. LIABILITY OF THE PARTIES
6.1. For non-fulfillment and (or) improper fulfillment of obligations under the Agreement, the Parties shall be liable in accordance with this Agreement and the legislation of the Republic of Kazakhstan.
6.2. In case of unauthorized use of the Account and (or) the password of the Customer, the latter undertakes to immediately notify the Contractor about this. The Contractor is not responsible for any losses caused to the Customer in connection with the unauthorized use of his Account and (or) password.
6.3. In case of non-fulfillment and (or) improper fulfillment of obligations by the Contractor, with a delay, the Customer has the right for each such case to demand payment of a penalty in the amount of 0.1% (one tenth of a percent) of the cost of the Services under this Agreement under the relevant Order, for each working day of delay execution.
6.4. In case of non-fulfillment and (or) improper fulfillment of obligations by the Registered User / Customer with delay, the Contractor has the right to demand payment of a penalty in the amount of 0.1% (one tenth of a percent) of the cost of the Services under the relevant Order, for each working day of delay.
6.5. The Parties agreed that the amount of the calculated penalty for each case of non-fulfillment and (or) improper fulfillment by the Party of obligations cannot exceed 10% (ten percent) of the cost of the Services under the relevant Order.
7. FORCE MAJEURE
7.1. The Parties are released from liability for partial or complete non-fulfillment, or improper fulfillment of obligations under this Agreement, if such failure was the result of force majeure circumstances, namely: natural and natural phenomena, military actions, blockades, terrorist actions, actions bodies of state power and administration, if these circumstances directly affected the implementation of this Agreement. At the same time, the period for fulfilling obligations is postponed for the entire period of force majeure circumstances.
7.2. The Party for which it became impossible to fulfill obligations under this Agreement due to force majeure circumstances must immediately notify the other Party in writing about the occurrence and nature of these circumstances, but no later than 1 (one) month from the moment of their occurrence.
7.3. The notification must contain information about the occurrence and nature of the circumstances and their possible consequences, if possible, an assessment of their impact on the performance by the Parties of their obligations under this Agreement and on the term of performance of obligations. It is also necessary to indicate the period in which it is supposed to fulfill the obligations under this Agreement. Damages caused by not sending or untimely sending a notification are obligatory to be reimbursed by the Party that caused them.
7.4. The Party must without delay, no later than 2 (two) months, notify the other Party in writing of the termination of these circumstances
7.5. If the Party, affected by force majeure circumstances, does not send the documents regulated by this Agreement confirming the existence of these circumstances, then such Party is deprived of the right to refer to such circumstances as a basis exempting it from liability for non-fulfillment or improper fulfillment of obligations under this Agreement.
7.6. The term for the fulfillment of obligations by the Party under this Agreement is postponed in proportion to the time during which the force majeure circumstances were in force, as well as their consequences caused by these circumstances. In the event of an extension of the force majeure circumstances and their consequences that continue to operate for more than 2 (two) months, the Parties have the right to terminate this Agreement without contacting the judiciary, while the obligations are terminated due to the impossibility of their fulfillment (except for payment obligations) by notifying this in writing in accordance with the terms of this Agreement, or conduct additional negotiations to determine the methods of execution of this Agreement.
8. DISPUTE RESOLUTION PROCEDURE
8.1. The settlement of disputes between the parties under this Agreement is carried out through negotiations in a pre-trial procedure.
8.2. The parties have determined the mandatory procedure for the pre-trial settlement of the dispute:
8.2.1. To the Party that has not fulfilled its obligations under this Agreement, the Claim is submitted in writing and signed by a duly authorized person of the other Party within 30 (thirty) days from the date of fulfillment of the obligation under this Agreement.
8.2.2. Content of the Claim: basic requirements, the amount and a reasonable calculation of the amount (if the claim is subject to monetary value); the circumstances on which the claims are based and the evidence confirming them; a list of documents and other evidence attached to the claim; other information required to resolve the dispute.
8.2.3. The term for considering the claim is carried out within 14 (fourteen) days from the date of receipt, the Party that sent the claim notifies in writing of the results of the consideration. In response to a claim, the Party that received it must indicate the reasons for the decision and proposals to settle the dispute.
8.2.4. In the absence of the attached documents to the claim required for its consideration, the documents are requested from the Party that sent the claim within 5 (five) days from the date of receipt of the claim, indicating the submission deadline of at least 2 (two) days. The claim is considered on the basis of the available documents, if the requested documents are not received by the specified deadline.
8.3. If no agreement of the Parties is reached, the dispute shall be resolved in the judicial authorities of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.
9. PROCEDURE FOR CHANGING, TERMINATION OF THE AGREEMENT
9.1. The Parties have agreed that the Parties under the Agreement can exchange notifications and (or) requests in any of the following forms:
9.1.1. on paper, sent by mail by obligatory registered mail (registered mail) or on purpose against the recipient's receipt on a copy of the sender's notification.
9.2. without using paper media, by means of messages sent by e-mail:
- on behalf of the Contractor from the email address containing the domain name www.discoveralmaty.com, from which communications with the Customer will be carried out;
- on behalf of the Customer from the email address specified during registration on the Contractor's Website, the Contractor receives the Customer's email address for his identification.
9.3. The notification and (or) the request, transmitted in the form of an e-mail message, must contain:
- in the message text - the subject of the notification and (or) request,
- in the text of the message - information necessary to consider the request or information sufficient to understand the submitted notification. The parties separately came to the conclusion that letters sent from other e-mail addresses, in a form other than the above-described forms, are not considered.
9.4. The parties have agreed that the Contractor has the right, at its discretion, to change and (or) supplement the Agreement, including the conditions and (or) the procedure for the provision of the Services, the volume, quantity and (or) completeness of the Services, their cost. Wherein:
- Notification of the Customer about such changes and (or) additions is carried out in any publicly available way, including by posting information on the Site and (or) sending a notification to the Customer via e-mail at least 3 (three) business days before the entry of the changes and ( or) additions in force. In case of disagreement of the Customer with the changes and (or) additions to the Agreement, he is obliged to notify the Contractor about this in writing prior to their entry into force and (or) to stop using the Service. The parties agreed that the absence of such a written notice from the Customer is considered as his consent to the changes and (or) additions to the Agreement proposed by the Contractor. The Agreement is considered amended and (or) supplemented from the moment indicated in the notification of the Contractor and on its basis, without signing any additional agreements to the Agreement;
- In order to ensure the ability to store and reproduce the terms of the Agreement at the time of the Customer's accession to the Agreement when the Registered User makes an Acceptance in the manner prescribed by the Agreement, the Contractor provides the Customer with the opportunity to record the text of the Agreement at the time of the Acceptance on the Customer's software and hardware by clicking the download button "On the Site in the" Public Agreement "section.
- The current version of the Agreement is posted on the Contractor's Website in the section "Public Agreement" and the Customer undertakes to regularly review its terms for changes and (or) additions. The Customer is not entitled, without the consent of the Contractor, to transfer the rights and obligations under the Agreement to third parties to fulfill the obligations under the Agreement. The Contractor has the right to transfer the rights and obligations under the Agreement to another person.
9.5. Termination of the Agreement is possible by agreement of the Parties, as well as in case of unilateral refusal to execute the Agreement (refusal of the Agreement) on the grounds provided for by the Agreement and the legislation of the Republic of Kazakhstan.
9.6. The proposal to terminate the Agreement by agreement of the Parties shall be sent to the other Party at least 30 (thirty) business days prior to the proposed termination date. Termination of the Agreement by drawing up a bilateral agreement and sending it by one Party or its acceptance (Acceptance) by the other Party.
9.7. Unilateral refusal to execute the Agreement is made upon written notification sent to the other Party at least 30 (thirty) business days prior to the date of refusal to execute the Agreement. The parties agreed that the notification can be sent in any of the following ways, specified when placing the Order, namely:
- by e-mail;
- by post by obligatory registered mail (registered mail);
- on purpose against receipt on a copy of the sender's notification.
9.8. The Parties to the Agreement established by the legislation of the Republic of Kazakhstan have agreed upon other cases due to violation by the Party of the Agreement, in which the other Party has the right to withdraw from the Agreement:
9.9. At the initiative of the Customer:
- repeated 3 (three) times or more, non-fulfillment and (or) improper fulfillment by the Contractor of the assumed obligations established by the Agreement;
- delay by the Contractor in fulfilling the obligations established by the Agreement for a period of more than 30 (thirty) working days;
- non-fulfillment and (or) improper fulfillment of the obligations established by the Agreement.
9.10. At the initiative of the Contractor:
- repeated 3 (three) times or more, non-fulfillment and (or) improper fulfillment by the Customer of the assumed obligations established by the Agreement;
- delay by the Customer in fulfilling the obligations established by the Agreement for a period of more than 30 (thirty) working days;
- non-fulfillment and (or) improper fulfillment by the Customer of the obligations established by the Agreement.
10. FINAL PROVISIONS
10.1. The Agreement, as well as all legal relations arising in connection with the execution of the Agreement, are governed by and subject to interpretation in accordance with the legislation of the Republic of Kazakhstan.
10.2. By accepting the terms of this Agreement, due to the fact that some documents require individual development, the Customer agrees that the samples and templates of documents presented on the Contractor's Website may not always fully meet the interests of the Customer.
10.3. The Agreement comes into force from the moment of its Acceptance, prescribed in clause 1.3. of this Agreement and is valid until the Parties fully fulfill their obligations. The Agreement also applies to relations related to the rights and interests of third parties who are not Visitors or Users, but whose rights and interests may be affected by visiting the Site under the guise of a Customer.