PUBLIC OFFER OF SERVICES
№OPK -1 DATED AUGUST 8, 2024
The present proposal of the Republican Public Association "Society of Honorary Consuls" (hereinafter - Contractor) represented by Chairman of the Board Denis Van den Weich, acting on the basis of the Charter, BIN 180740009896, location address: Republic of Kazakhstan, postal code 050000, Almaty city, Medeu District, Dostyk Avenue, 138, e-mail address: www.opk.kz , sec.gen@opk .kz, phone number +77473852473, IIC KZ5996502F0014533944, BIC IRTYKZKA, in ForteBank JSC, is a Public offer, on the basis of which the Contractor makes an offer to conclude a Contract for the provision of services that are provided using information technology, on the terms specified in the offer with any interested parties.
1. CONCEPTS AND TERMS USED IN THIS PUBLIC OFFER
1.1. Services - services provided in the territory of the Republic of Kazakhstan to adult capable individuals and legal entities using Information technology, specified in clause 3.2. of the Offer Agreement.
1.2. The Offer Agreement is a real offer made by the Contractor to any interested person and which contains all the essential conditions. This offer contains all the conditions that are recognized as essential by law or necessary for the provision of Services, as well as those conditions regarding which an agreement must be reached at the request of the Contractor.
1.3. Acceptance is the User's response or the User's performance of actions defined by the Offer Agreement, indicating full and unconditional acceptance of the terms of the Offer Agreement.
1.4. Information technology is a set of methods, production processes and software and hardware combined into a technological complex that ensures the collection, creation, storage, accumulation, processing, search, output, copying, transmission and dissemination of information.
1.5. The website is an online resource www.opk.kz that is, information (in text, graphic, audiovisual or other form) placed on a hardware and software complex that has a unique network address and/or domain name and operates on the Internet.
1.7. The User is the person who has accepted the Contractor's Offer Agreement.
1.8. Application - the User's task for the provision of Services, executed in accordance with the terms of the Offer Agreement.
1.9. The Parties- the parties to the Offer Agreement are jointly the Contractor and the User.
1.10. Personal data - information regulated by the Offer Agreement relating to a specific individual, recorded on electronic, paper and (or) other tangible media.
1.11. Collection of Personal Data – actions aimed at obtaining Personal Data.
1.12. Processing of Personal Data – actions aimed at accumulation, storage, modification, addition, use, dissemination, depersonalization, blocking and destruction of Personal Data.
1.13. Third parties are persons connected, both currently and in the future, with the Contractor by circumstances or legal relations related to the collection, processing and protection of the User's Personal Data.
2. SUBJECT OF THE OFFER AGREEMENT
2.1. The Contractor undertakes to provide Services at the Request of the User, and the User undertakes to pay for these Services. In this case, the terms of Service are defined in this Offer Agreement and can be accepted by the User only by joining the proposed Offer Agreement as a whole by accepting (Accepting) the Contractor's offer.
2.2. The procedure for making an Acceptance - the Contractor's offer is considered accepted by the User from the moment he performs any of the following actions:
2.2.1. payment for Services by the User in the manner and on the terms specified in the Offer Agreement;
2.3. When the User makes an Acceptance in the manner described above, it is considered that:
2.3.1. The User has read, agreed and accepted the Contractor's offer;
2.3.2. The Contractor has received the acceptance;
2.3.3. The Offer Agreement has been concluded, does not require bilateral signing and is valid in electronic form;
2.3.4. The written form of the transaction has been complied with.
2.4. The Contractor has the right to withdraw its offer to conclude an Offer Agreement at any time, but this is not a reason for waiving the Contractor's obligations under accepted Applications.
2.5. The Site may be temporarily unavailable, partially or completely, and accordingly, the provision of Services may be temporarily discontinued, partially or completely 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 to Users.
3. TERMS AND PROCEDURE FOR THE PROVISION OF SERVICES
3.1. At the Request of the User, the Contractor provides the following types of Services:
Organizing and ensuring participation in the event.
3.2. All Services of the Contractor are provided in accordance with the information content of the information and documents provided by the User.
3.3. All User documents are compiled and provided in Russian and/or in the official language in accordance with the requirements of the tender.
3.4. The Contractor ensures the smooth operation of the site according to the 24/7/365 scheme (twenty-four hours a day, seven days a week, three hundred and sixty-five days a year). The processing of User requests is carried out by the Contractor from 9.00 am to 6.00 pm on the following days of the week: from Monday to Friday inclusive, with the exception of holidays and weekends established by the current legislation of the Republic of Kazakhstan. All actions performed outside the hours or on a day that is part of the Contractor's work schedule are recognized as completed only on the next day that is part of the Contractor's work schedule.
4. PRICE, TERM AND PROCEDURE OF PAYMENT FOR SERVICES
4.1. At the Request of the User, the Contractor provides Services in accordance with clause 3.1. of this Offer Agreement.
4.2. The cost of Services is negotiated between the User and the Contractor through written correspondence by e-mail or via WhatsApp messenger and is determined individually depending on the selected number of services.
4.3. Payment for Services is made by bank transfer in the following ways:
• By payment card (VISA or MasterCard),
• By transferring funds to the Contractor's bank account.
4.4. Some payment methods for Services may provide for the obligation of the User to pay a commission or fee for the services of persons who accept and transfer payments, the bank, etc.
4.5. In case of payment for Services by transferring funds to the Contractor's bank account, the User makes the payment within 2 (two) business days from the date the Customer receives the invoice from the Contractor. The Parties have hereby agreed that non-fulfillment or improper fulfillment by the User of the obligation to pay for the relevant Application releases the Contractor from executing such an Application, i.e. the Application is considered not executed by the User, not received by the Contractor and, accordingly, not accepted for execution.
4.6. At any stage of fulfillment of obligations under the Offer Agreement, in case of early termination on the User's initiative, the prepayment in full is not refundable by the Contractor.
5. ACCEPTANCE-TRANSFER OF SERVICES RENDERED
5.1. In case of payment by payment card:
5.1.1. At the request of the User, the Contractor provides an electronic payment receipt to the User's email address within 1 (one) business day from the date of receipt of payment.
5.2. In case of payment by transfer of funds to the Contractor's bank account:
5.2.1. At the request of the User, no later than 15 (fifteen) calendar days from the date of receipt of funds to the Contractor's current account, the Contractor undertakes, by its own efforts and means, to submit to the User an Act of Completed Works (services rendered) (hereinafter referred to as the Act) in electronic or paper form in two original copies, signed on its part.
5.2.2. No later than 5 (five) calendar days from the date of receipt of the Act, the User must sign the Act if the Services comply with the terms of the Offer Agreement and return one signed copy to the Contractor, or give a reasoned refusal to sign the Act.
5.2.3. In case of non-compliance of the Services with the terms of the Offer Agreement and the justified refusal of the User to sign the Act, the Contractor is obliged to eliminate the established inconsistencies within the time agreed with the User, or refund the funds previously paid by the User.
5.2.4. After the Customer signs the Act of Services Rendered, the Contractor issues an invoice in electronic form via the electronic invoice information system within 15 (fifteen) calendar days.
6. CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL DATA
6.1 In accordance with the legislation of the Republic of Kazakhstan regulating relations related to the Collection and Processing of Personal Data when the User makes an Acceptance, in accordance with the procedure specified in the Offer Agreement, the User gives unconditional consent to the Contractor and Third Parties for Collection, Processing, cross-border transfer (if necessary) Personal data of the User, in ways that do not contradict the law, for the purposes regulated by the Agreement - The Offer, and in sources, including publicly available ones, at the discretion of the Contractor, in connection with any civil and (or) other legal relations that already exist or arise with the Contractor or arise in the future.
6.2 Under the User's Personal Data, the Parties have defined the following information related to the User, as well as future changes and (or) additions to them recorded on electronic, paper and (or) other material media, including, but not limited to, surname, first name, patronymic (if any), place of work and position, postal address (work, mobile phone numbers, e-mail address).
6.3 Collection, Processing and cross-border transfer (if necessary) The User's personal data is carried out by the Contractor for the following purposes, including, but not limited to:
6.3.1 in order to properly execute the Offer Agreement, as well as the rights and obligations assigned to the Contractor by law;
6.3.2 for internal control and accounting of the Contractor;
6.3.3 for judicial and extrajudicial protection of the Contractor's rights: in case of violation of obligations under relevant transactions; in case of disputes, including disputes with third parties;
6.3.4 to conduct research aimed at improving the quality of Services;
6.3.5 to conduct marketing programs, statistical research, as well as to promote Services by making direct contacts with the User through various means of communication, including, but not limited to: mailing list, e-mail, telephone and (or) fax communication, Internet, etc.).
6.4 By transferring Personal Data to the Contractor through open communication channels, the User is aware of and assumes the risk of unauthorized receipt by other persons and the associated consequences. The Contractor is not responsible for unauthorized receipt of Personal Data by other persons when they are transmitted through open communication channels.
6.5 User's consent to Collection, Processing and cross-border transfer (if necessary) The personal data regulated by this section may be revoked in cases regulated by the legislation of the Republic of Kazakhstan on the basis of a corresponding written application, which is handed over to the Contractor at least 10 (ten) calendar days before 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 would be contrary to the law, or if there are obligations not fulfilled by the User to the Contractor.
7. RESPONSIBILITY OF THE PARTIES
7.1. For non-fulfillment and (or) improper fulfillment of obligations under the Offer Agreement, the Parties are responsible in accordance with the Offer Agreement and the legislation of the Republic of Kazakhstan.
7.2. The User is responsible for the accuracy, completeness and content of documents and information, as well as for the timely provision of them to the Contractor.
7.3. The Contractor is responsible for timely posting of the User's application for participation in the competition on the public procurement web portal.
7.4. In case of non-fulfillment and (or) improper fulfillment of obligations by the Contractor, the User has the right to demand payment of a penalty in the amount of 0.1% (zero point one percent) of the cost of Services for each calendar day for each such case.
7.4. In case of non-fulfillment and (or) improper fulfillment of obligations by the User, the Contractor has the right to demand payment of a penalty in the amount of 0.1% (zero point one percent) of the cost of Services for each calendar day for each such case.
7.6. The Parties agreed that the amount of the accrued penalty for each case of non-fulfillment and (or) improper fulfillment of obligations by the Party may not exceed 10% (ten percent) of the cost of Services.
8. CIRCUMSTANCES EXCLUDING THE LIABILITY OF THE PARTIES
8.1. The Contractor is not responsible for improper provision of the service due to defects in any electronic or mechanical equipment not owned by the Contractor, for problems with data transmission or connection that arose through no fault of the Contractor, for the quality of communication channels through which access to the Internet resource is provided, Internet browser settings, as well as in in case of blocking access to the Internet resource as a result of the actions of third parties, in case of deterioration of the quality of the service due to the actions of government agencies.
8.2. The Contractor is not responsible if the Services were not provided or provided improperly due to the User's fault.
9. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)
9.1. The Party is released from liability for partial or complete non-fulfillment, or improper fulfillment of an obligation, if this was the result of force majeure circumstances that arose after the conclusion of the Offer Agreement as a result of circumstances of an extraordinary nature that the Party could not have foreseen or prevented.
9.2. Force majeure circumstances are understood as: flood, flooding, fire, earthquake, blizzard, mudslide, or other natural phenomena, as well as epidemics, pandemics, wars, revolutions, military actions, civil unrest, acts of terrorism, acts or actions of authorized state bodies that affected the fulfillment of obligations under the Agreement– The Offer, including quarantine restrictions imposed by them, established by authorized competent authorities or officials of the Republic of Kazakhstan or other states authorized to make decisions on the introduction of quarantine, all related restrictions, as well as the introduction in order to stabilize the epidemiological situation in Kazakhstan (including in case of threats of epidemics, infectious diseases) by authorized bodies Of the Republic of Kazakhstan or authorized officials, including the Chief State Sanitary Doctor of the Republic of Kazakhstan and/or authorized bodies of the Republic of Kazakhstan or authorized officials of any restrictive or prohibitive measures that affected the fulfillment of obligations by the Parties.
9.3. Upon the occurrence of such circumstances, the Party experiencing their effect must notify the other Party in writing about them within 5 (five) calendar days.
9.4. The Party referring to force majeure circumstances must provide the other Party with official documents certifying the existence of these circumstances and, if possible, assessing their impact on the possibility of the Party fulfilling its obligations under the Offer Agreement. Force majeure circumstances of a well-known nature do not require proof.
9.5. If a Party exposed to force majeure circumstances does not send documents regulated by the Offer Agreement certifying the existence of these circumstances, then such a 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 the Offer Agreement.
9.6. In cases of force majeure, the deadline for the Party to fulfill its obligations under the Offer Agreement is postponed in proportion to the time during which these circumstances and their consequences apply.
9.7. Upon termination of the Offer Agreement due to the inability to fulfill its terms, the Parties make mutual settlements for obligations fulfilled at the time of termination of this Offer Agreement.
10. DISPUTE
10.1. Pre-trial settlement of a dispute is carried out through negotiations and claims and is mandatory.
10.2. The Parties shall determine the following mandatory procedure for pre-trial settlement of the dispute:
10.2.1. The claim shall be submitted in writing and signed by a duly authorized person.
10.2.2. The claim shall specify: the claims, the amount of the claim and its reasonable calculation (if the claim is subject to monetary assessment); the circumstances on which the claims are based and evidence confirming them; a list of documents and other evidence attached to the claim; other information necessary for the settlement of the dispute.
10.2.3. The claim is considered within 10 (ten) calendar days from the date of receipt, and the Party that submitted the claim is notified of the results of the review in writing. In the response to the claim, the Party who received the claim must indicate the reasons for the decision and proposals on the procedure for resolving the dispute.
10.3. If it is impossible to resolve the dispute through negotiations, disputes are resolved in court in accordance with the current legislation of the Republic of Kazakhstan.
11. PROCEDURE FOR AMENDMENT AND TERMINATION OF THE OFFER
11.1. The Parties have agreed that notifications and (or) requests from the Parties under the Offer Agreement can be exchanged in any of the following forms:
11.1.1.1. on behalf of the User from the email address specified during registration on the Site.
11.1.2. The notification and/or request transmitted in the form of an e-mail message must contain:
11.1.2.1. in the subject of the message - the subject of the notification and/or request,
11.1.2.2. in the text of the message - information necessary for the consideration of 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 forms described above, may not be considered.
11.2. The Parties have agreed that the Contractor has the right, at its discretion, to change and (or) supplement the Offer Agreement, including the terms and (or) the procedure for providing Services, the volume, quantity and (or) completeness of Services, their cost. At the same time:
11.2.1. the User is notified of such changes and (or) additions in any publicly available way, including by posting information on the Website and (or) sending a notification to the User via e-mail at least 10 (ten) calendar days before the entry into force of the changes and (or) additions. If the User does not agree with the changes and (or) additions made to the Offer Agreement, he is obliged to notify the Contractor in writing before they enter into force and (or) stop using the Services. The Parties agreed that the absence of such a written notification on the part of the User is considered as his consent to changes and (or) additions to the Offer Agreement proposed by the Contractor. The Offer Agreement is considered amended and (or) supplemented from the moment specified in the Contractor's notification and on its basis, without signing any additional agreements to the Offer Agreement;
11.2.2. in order to ensure the ability to store and reproduce the terms of the Offer Agreement at the time of the User's accession to the Offer Agreement, when the User makes an Acceptance in accordance with the procedure regulated by the Offer Agreement, the Contractor provides the User with the opportunity to download the text of the Offer Agreement by clicking the "download" button at the bottom of the text);
11.2.3. the current version of the Offer Agreement is posted on the Website.
11.3. Termination of the Offer Agreement is possible by agreement of the Parties, as well as in the case of unilateral refusal to perform the Offer Agreement (withdrawal from the Offer Agreement) on the grounds provided for in the Offer Agreement and legislation.
11.4. A proposal to terminate the Offer Agreement by agreement of the Parties shall be sent to the other Party in the form agreed upon by the Parties in the Offer Agreement within at least 10 (ten) calendar days prior to the proposed termination date. Termination of the Offer Agreement by agreement of the Parties is performed in the same form as the Offer Agreement by sending one Party a proposal to terminate the Offer Agreement and its acceptance (Acceptance) by the other Party. Upon termination of the Offer Agreement by agreement of the Parties, the Parties make mutual settlements for obligations fulfilled at the time of its termination.
12. FINAL PROVISIONS
12.1. The Offer Agreement, as well as all legal relations arising in connection with the execution of the Offer Agreement, are regulated and subject to interpretation in accordance with the current legislation of the Republic of Kazakhstan.
12.2. The Offer Agreement comes into force at the time of the User's accession to the Offer Agreement, i.e. when the User makes an Acceptance in accordance with the procedure regulated by the Offer Agreement, and is valid for 12 (twelve) calendar months from the date of access by the User.
13. DETAILS OF THE CONTRACTOR
Republican Public Association "Society of Honorary Consuls"
Address: Republic of Kazakhstan, 050051, Almaty, Medeu district, Dostyk Avenue, 138, n.p. 351
BIN 180740009896
Bank: Branch of ForteBank JSC in Almaty, BIC IRTYKZKA
Bank BIN 980341000286, Current account (KZT): KZ5996502F0014533944
Tel.: +7 (747) 385 24 73 ; +7 (727) 356 16 88
Chairman of the Board of Van den Weghe Denis Reynold D.
