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Offer Agreement

Public Offer Contract for Information Publication Services

This Public Contract (hereinafter referred to as the "Contract") establishes the terms of service provision by the Limited Liability Company 'PXSTUDIO,' business identification number 230640022247, located at the address: Republic of Kazakhstan, Almaty, Bostandyk district, Nazarbayev Avenue, 193, LES OFFICE, represented by the Director V.V. Pashaev, acting on the basis of the Charter, hereinafter referred to as the "Service Provider," to individuals or legal entities (including individual entrepreneurs) who have requested services and joined the terms of this Contract, hereinafter referred to as the "Subscriber."

The publication (posting) of the text of this Agreement on the official Internet resource of the Service Provider https://mytripguide.ru constitutes a public offer addressed to the general public with the purpose of providing certain types of services (Article 395 of the Civil Code of the Republic of Kazakhstan).

The act of the Subscriber joining and accepting (acceptance) the terms of this Agreement is the submission of a request to the Service Provider for the provision of services (Clause 3 of Article 396 of the Civil Code of the Republic of Kazakhstan).

1. TERMS AND DEFINITIONS

Website – The Internet resource of the Service Provider, located on the Internet at https://mytripguide.ru, where information necessary for the conclusion and execution of this Agreement is provided around the clock. All official communications, documents, tariffs, etc., are published on the website.

Acceptance - the complete and unconditional acceptance by the Subscriber of the terms of this Agreement, carried out by submitting a Request for the provision of Services in accordance with the procedures and conditions specified in this Agreement.

Services - a set of actions (measures) and activities by the Service Provider to provide various services for the Subscriber to place (publish) information about the Subscriber's goods, works, and services on the Website, including advertising materials.

Personal Account - a personalized web interface for the Subscriber, access to which is granted based on authentication data provided to the Subscriber after registration on the Website. It is used for:

  • obtaining information about the provided Services, applicable tariffs, and the status of the personal account;
  • remote ordering, management, modification, and disconnection of Services;
  • interaction with the visitors of the Website.

Personal Account - accounting data in the Operator's Accounting System regarding the payment by the Subscriber for the consumed Services.

2. GENERAL PROVISIONS

2.1. The Service Provider renders Services to the Subscriber, and the Subscriber timely pays for them under the terms specified in this Agreement.

2.2. The list and characteristics of the Services, as well as their prices, are indicated in the respective Tariffs on the Operator's Website:

  • Placement of banner advertisements and content
  • Placement of Subscriber's information

2.3. This Agreement is a contract of adherence in accordance with the civil legislation of the Republic of Kazakhstan. The terms of the Agreement are independently established by the Service Provider in accordance with the legislation of the Republic of Kazakhstan and are accepted by the Subscriber solely by adhering to the Agreement as a whole. In the event of the Subscriber's disagreement with the terms of the Agreement, the Subscriber has the right to terminate the Agreement by submitting a written statement to the Service Provider or through the Personal Account.

2.4. This Agreement comes into effect from the moment of the Subscriber's adherence to it by submitting the corresponding Request for services, provided that the Service Provider has the technical capability, including through the Service Provider's Website, Personal Account, as well as through an electronic document, in accordance with the procedures and conditions specified by the legislation of the Republic of Kazakhstan and by any other means not prohibited by the legislation of the Republic of Kazakhstan.

2.5. The list of Services is specified in the Subscriber's application (statement, order) for the provision of Services or another document expressing the Subscriber's will to connect the Service, which is an integral part of the Agreement (hereinafter referred to as the "Request"). For the Subscriber, the Request is an application submitted in writing or through electronic service channels (email, Personal Account, social networks, and messengers) of the Service Provider, which allow receiving and processing subscriber requests.

2.6. Under the Agreement, the Subscriber uses the Services according to the selected tariff plan and the terms of service provision, and pays for the provided Services in the manner and on the terms specified in the Agreement.

2.7. Tariff plans are an integral part of the terms of the Agreement between the Subscriber and the Service Provider.

2.8. By accepting this Agreement, the Subscriber consents to the collection, processing, storage, and protection of personal and other data of the Subscriber to the extent necessary for the provision of services under this Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Service Provider undertakes to:

  • register the Subscriber on the Website, provided that the Subscriber complies with the registration procedure requirements;
  • reflect in the Personal Account the receipt and withdrawal of funds for the Services;
  • publish official messages on the Website related to the provision of Services;
  • extend the deadlines for the provision of Services for the actual period of unavailability of the Website;
  • maintain the confidentiality of the Subscriber's information received from them during registration in the Personal Account, except in cases * provided by the current legislation of the Republic of Kazakhstan, this Agreement and its appendices, as well as the Privacy Policy published on the Website;
  • issue invoices for the payment of Services, as well as, within the time frames provided by the legislation of the Republic of Kazakhstan, invoices for legal entities and individual entrepreneurs, and, upon the Subscriber's request, Acts of completed work (services);

3.2. The Service Provider has the right to:

  • provide access to information about the Subscriber in accordance with the Rules of e-commerce;
  • suspend the provision of Services without notification if the Subscriber does not pay for them in accordance with the Agreement or violates the * requirements of the current legislation of the Republic of Kazakhstan on the dissemination of information;
  • unilaterally revise prices for Services, except for those already prepaid by the Subscriber;
  • suspend the provision of Services for preventive maintenance on the Website, as well as for unscheduled work in emergency situations.

3.3. The Subscriber undertakes to:

  • register on the Website by meeting the requirements of the registration procedure;
  • make timely prepayment for the Services;
  • independently monitor the availability of funds in the Personal Account;
  • at least once a week, familiarize themselves with official information related to the provision of Services published on the Website;
  • comply with the requirements of the current legislation of the Republic of Kazakhstan when publishing information about goods, works, and services on the Website;
  • conclude agreements with Website visitors by obtaining acceptance in accordance with the Rules of e-commerce;
  • place information about the Services on the Website in accordance with the information placement rules published on the Operator's Website.

3.4. The Subscriber has the right to:

  • order additional Services from the Service Provider in accordance with the tariffs specified on the Website and in the Personal Account;
  • switch to another tariff or terminate the Agreement in case of the closure or modification of the tariff used by the Subscriber by the Service Provider;
  • refuse pre-paid Services in the manner specified in the Agreement.

4. DEFINITION OF QUANTITY (VOLUME) AND PRICES OF SERVICES

4.1. The quantity (volume) and cost of the Services provided to the Subscriber are reflected in the Personal Account.

4.2. The price of the Services is determined in accordance with the tariffs specified on the Service Provider's Website.

4.3. Tariffs and prices for Services are indicated in the national currency of the Republic of Kazakhstan - tenge.

4.4. All prices specified in the Agreement and its appendices include the amount of VAT at the rate established by the legislation of the Republic of Kazakhstan.

4.5. The Service Provider has the right to unilaterally revise prices for Services, including changing current tariffs and prices and/or introducing new tariffs and/or tariff plans, closing tariffs and/or tariff plans.

4.6. The Service Provider notifies the Subscriber of changes, introductions of new tariffs, or closures by publishing a message about this on the Website and/or through electronic service channels (email, Personal Account, social networks, and messengers).

4.7. If the Subscriber disagrees with the changes made by the Service Provider, the Subscriber may either switch to another tariff or terminate the Agreement. In the absence of written notice from the Subscriber to the Service Provider regarding the termination of the Agreement or the switch to another tariff within 10 (ten) calendar days from the effective date of the changes, the said changes are considered accepted by the Subscriber.

5. PAYMENT FOR SERVICES

5.1. Settlements under the Agreement are made by the Subscriber in advance (prepayment) before receiving the Services.

5.2. The Subscriber may make payment for any number of months of the anticipated period of using the Services.

5.3. Services are provided only if there is a sufficient amount on the Subscriber's Personal Account to cover the charges.

5.4. The Service Provider has the right to immediately suspend the provision of Services (block access to the Services) to the Subscriber in case of arrears in payment for the Services. The Service Provider resumes the provision of Services (restores access to the Services) to the Subscriber within 24 (twenty-four) hours from the date of providing documents confirming the payment of the arrears for the Services.

5.5. At its discretion, the Service Provider may provide Services on a post-payment basis by issuing an invoice to the Subscriber. In this case, the Subscriber undertakes to pay the invoice within 7 (seven) working days from the date of its issuance. In case of late payment of the invoice, the Service Provider has the right to immediately suspend the provision of Services (block access to the Services) and charge the Subscriber a penalty of 0.1% of the invoice amount for each day of payment delay.

5.6. Payment for Services can be made both by non-cash payment to the Service Provider's bank account and by other methods, the information about which is published on the Website.

5.7. The date of payment is considered to be the date of receipt of funds to the Service Provider's bank account.

5.8. From the moment of publication of new bank details of the Service Provider or new payment methods on the Website, the Subscriber is solely responsible for payments made using outdated details or outdated payment methods.

6. PROCEDURE FOR PROVIDING SERVICES

6.1. After the Subscriber has paid for the Services and the received payment is identified, the Service Provider replenishes the Subscriber's account in the Personal Account accordingly.

6.2. The date of the provision of Services is the date of debiting funds for the Services from the Subscriber's account in the Personal Account.

6.3. The Service Provider issues an Acceptance Certificate for the completed work (services rendered) on the last working day of the month in which the payment was made.

6.4. The Subscriber undertakes to send to the Service Provider the copy of the Acceptance Certificate received from them and signed by the Subscriber within 10 (ten) calendar days from the date of receipt.

6.5. The Subscriber must independently ensure timely receipt of invoices (invoices), acts, and other accounting documents from the Service Provider.

6.6. Services (access to the Services) are provided only in the absence of arrears in payment for the Services.

7. LIABILITY OF THE PARTIES

7.1. The Parties are liable for non-performance or improper performance of their obligations under the Agreement in accordance with the current legislation of the Republic of Kazakhstan.

7.2. The Subscriber assumes full responsibility in case of any claims, demands, lawsuits by third parties in connection with actual or alleged violation of the personal and property rights (including copyrights) of these persons, as well as moral or public order as a result of the use of the Services. In this case, the Subscriber reimburses the Service Provider for all expenses incurred by the Service Provider in connection with the violation of the above circumstances by the Subscriber.

7.3. The Subscriber bears administrative, criminal, and other liability provided for by the current legislation of the Republic of Kazakhstan for violating the norms and requirements of the legislation when using the Services of the Service Provider.

7.4. The liability of the Service Provider for the breach of any obligations under the Agreement arises only in the presence of its fault. The maximum amount of liability in any case cannot exceed the amount of the last one-time payment (prepayment) made by the Subscriber for the Services.

8. FORCE MAJEURE

8.1. Force majeure circumstances mean events that are beyond the control of the Subscriber or the Service Provider and make it impossible for the Parties to fulfill their obligations under this Agreement.

8.2. Force majeure circumstances include, but are not limited to, events such as natural disasters, actions and decisions of government authorities, the entry into force of international treaties, wars, mass riots, strikes, blockades, lockouts, failures in the banking system directly affecting the performance of the Agreement.

8.3. The following are not considered force majeure circumstances:

  • events caused by intentional or negligent actions of the Parties (their agents, employees, third parties);
  • events that the Party, acting in good faith in fulfilling its obligations under this Agreement, could foresee and overcome;
  • failure to make payments due to a lack of funds.

8.4. The Party affected by force majeure circumstances undertakes to notify the other Party of this within 10 days. The notification must contain a causal link between the occurrence of force majeure circumstances and the non-performance of the Party's obligations. The notification is accompanied by a document issued by the authorized body confirming the occurrence of force majeure circumstances. Untimely and improper notification of force majeure circumstances deprives the respective Party of the right to be released from liability for partial or complete non-performance of obligations under the Agreement.

8.5. The non-performance by the Party of its obligations under this Agreement is not considered a violation or deviation from this Agreement if it is a result of force majeure, provided that the Party affected by force majeure has taken all necessary measures to eliminate such consequences and has complied with clause 8.4 of the Agreement.

8.6. Any period during which a Party is required to perform any activity under this Agreement is extended for a period equal to the duration of the force majeure circumstances.

9. CONSIDERATION OF CLAIMS AND DISPUTES

9.1. Disputes and disagreements that may arise in the performance of this Agreement will be resolved through negotiations between the Parties and/or by submitting a claim. The maximum period for considering a claim is 10 (ten) working days from the date of receiving the claim. In case of failure to reach an agreement between the Parties, all disputes will be resolved in accordance with the current legislation of the Republic of Kazakhstan.

9.2. The Parties agree that this Agreement is governed by the legislation of the Republic of Kazakhstan.

10. DURATION OF THE AGREEMENT. PROCEDURE FOR AMENDMENT AND TERMINATION

10.1. This Agreement comes into force from the moment the Subscriber accepts its terms (acceptance of the offer) in the manner specified in the Agreement and is valid until the obligations of the Parties are fulfilled.

10.2. The Service Provider has the right to unilaterally change and revise the terms of the Agreement and its appendices, notifying the Subscriber by publishing relevant messages on the Website.

10.3. The Subscriber has the right to terminate the Agreement and refuse the Services at any time unilaterally, provided that a notice is sent 30 (thirty) calendar days before termination and reimbursement of the actual expenses incurred by the Service Provider until the termination. Upon the written request of the Subscriber, a refund of unused funds may be made from his account in the Personal Account.

10.4. The Service Provider has the right not to provide, suspend, or restrict the provision of Services until all circumstances are clarified and/or the causes of violations (restrictions) are eliminated in the following cases:

  • Non-payment for Services or non-performance by the Subscriber of any of his obligations;
  • By the decision of the authorized body regulating the relevant relations and having the authority in accordance with the legislation of the Republic of Kazakhstan;
  • Violation of the rights and interests of third parties, as well as the norms of the current legislation;
  • In other cases provided for by the legislation and the Agreement.

10.5. The Service Provider has the right to terminate the Agreement in case of repeated violations of its terms by the Subscriber unilaterally, by sending the corresponding notification to the Subscriber by email to the address specified in the Personal Account.

10.6. This Agreement may be terminated at any time by mutual agreement of the Parties.

11. FINAL PROVISIONS

11.1. The Service Provider has the right to disclose information about the Subscriber only in accordance with the legislation of the Republic of Kazakhstan and this Agreement.

11.2. In the event of claims regarding the information content of the Subscriber's Service, the latter hereby agrees to the disclosure by the Service Provider of personal data (for individuals) and contact information of the Subscriber to a third party for the purpose of resolving a dispute directly between the Subscriber and the third party.

11.3. The Subscriber's withdrawal of consent to the processing of personal and other data by the Service Provider is a ground for suspending the Services, and upon the expiration of 10 (ten) days, the termination of this Agreement.

12. DETAILS OF THE SERVICE PROVIDER

TOO "PXSTUDIO"

Republic of Kazakhstan, Almaty city, Bostandyk district, Nazarbayev Avenue, 193, LES OFFICE

CEO: Pashaev V.V., acting on the basis of the Charter

Advertising Department:

+7 (747) 854 9270, info@mytripguide.ru, ask@pxstudio.pw

Banking details:

BIN 230640022247

IIC KZ508562203130976138,

in JSC "Bank CenterCredit";

BIC KCJBKZKX;

KBE 17.