Оставаясь на сайте, Вы даете согласие на обработку файлов cookie, пользовательских данных, собираемых, в том числе с использованием сервиса Яндекс. Метрика, в целях обеспечения работы сайта, проведения статистических исследований и обзоров. Пожалуйста, ознакомьтесь с Политикой использования cookies.
Если вы не хотите, чтобы ваши данные обрабатывались, измените настройки браузера или покиньте сайт.
Если вы не хотите, чтобы ваши данные обрабатывались, измените настройки браузера или покиньте сайт.
Public Offer Agreement for the Provision of Electronic Services
By completing this registration form, I confirm that I fully and unconditionally accept the terms of this Public Offer published on the website beksar.kz, and I also give my consent to the processing of personal data and the receipt of mailings in accordance with separate documents: the Privacy Policy and the Consent to the Collection and Processing of Personal Data, links to which are provided in the registration form.
This offer of the Limited Liability Partnership “BEKSAR Consulting”, represented by Director B.A. Sarsembayev, hereinafter referred to as the Service Provider, in accordance with Clause 1 of Article 389 and Clause 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, is a Public Offer under which the Service Provider offers to conclude an Agreement for the Provision of Electronic Services provided using information technologies, on the terms specified in this offer, with any person who accepts it.
This offer contains all essential terms, namely the terms recognized as essential by law or necessary for providing access to the software for the Device, available on the website beksar.kz, as well as any terms regarding which, according to the Service Provider’s statement, an agreement must be reached.
The parties to the Public Offer are the Limited Liability Partnership “BEKSAR Consulting”, represented by Director B.A. Sarsembayev, acting on the basis of the Charter, and the User — an individual or legal entity that has accepted the rules for using the software product.
Any person interested in receiving information and/or services provided by the Service Provider must fully review the terms of the Public Offer and its appendices, including the terms of personal data processing.
Registration of the User on the Website using the registration form available on it constitutes confirmation of the User’s legal capacity, as well as full and unconditional acceptance of the Public Offer provided for by Clause 1 of Article 389 and Clause 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, and confirmation of the User’s absolute agreement with the terms of provision and use of services posted on the Website, as well as consent to the processing of their personal data.
Failure by the User to comply with the provisions and terms of the Public Offer may result in cancellation of registration or temporary suspension of the User’s access to the Service Provider’s Software. The User bears full responsibility when using the services, including payment for the relevant services and payment for Internet access costs incurred during such use.
1. CONCEPTS AND TERMS USED IN THIS PUBLIC OFFER
1.1. Service means the Beksar cloud-based product accounting system, available at app.beksar.kz through a browser or other software using web protocols, under the SaaS model, Software as a Service. The Service is the intellectual property of the Service Provider.
1.2. Offer Agreement means this offer of the Service Provider addressed to any person, containing all essential terms for providing paid access to the Service, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan.
1.3. Acceptance means the User’s full and unconditional acceptance of the terms of the Offer, in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, performed by registering in the Service and/or paying for the Subscription.
1.4. Website means the internet resource located at beksar.kz, containing information about the Service functionality, Tariff Plans, and technical support terms.
1.5. User means an individual or legal entity, including individual entrepreneurs, having legal capacity and capability, who has accepted this Offer in order to use the Service for their own purposes.
1.6. Subscription means the User’s right to time-limited access to the functional capabilities of the Service within the scope of the selected Tariff Plan.
1.7. Tariff Plan means a set of specific functional capabilities, limits, such as the number of employees that can be created, and the Subscription price published on the Website. The Service Provider has the right to change Tariff Plans unilaterally.
1.8. Subscription Period means a fixed period of time, month or year, during which the User is granted access to the Service on a prepaid basis.
1.9. Trial Period means the period of free introductory use of the Service by the User from the moment of registration. Its duration is 14 (fourteen) calendar days, unless otherwise specified on the Website.
1.10. User Account, or Account, means a unique set of data in the Service required for User identification and authorization.
1.11. Personal Account means a closed section of the Service available to the User after authorization, intended for managing the Subscription, selecting a Tariff Plan, making payments, and configuring employee access rights.
1.12. Business Data means information entered by the User into the Service, including data on products, inventory balances, sales, customers, and other information, which is the property of the User and is subject to storage and backup by the Service Provider.
2. SUBJECT OF THE OFFER AGREEMENT
2.1. The Service Provider grants the User paid access to the Beksar cloud Service via the Internet within the scope of the functional capabilities of the selected Tariff Plan. Access is provided from any device through a browser. Exclusive rights to the Service belong to the Service Provider.
2.2. Data entered by the User, including products, sales, and inventory balances, is the property of the User. The Service Provider ensures its storage and backup. In the event of termination of the Agreement, the User has the right to export their data within 30 calendar days. The Service Provider has the right to use anonymized and aggregated data to generate analytical reports and improve the quality of the Service.
2.3. The Service Provider ensures Service availability of at least 99.5% of the time. Scheduled maintenance is not included in this calculation, provided that the Service Provider notifies the User 24 hours in advance.
3. RIGHTS AND OBLIGATIONS
3.1. User’s Rights
3.1.1. The User has the right to use the Service in the following ways:
3.1.2. Install the Service only on devices owned by the User or with the written consent of the owner of the device.
3.1.3. Reproduce the Service in accordance with its intended purpose, subject to the License term of use and the number of Devices on which the Service may be installed.
3.1.4. Use the Service exclusively in the User’s own business activities.
3.1.5. Use the Service through a browser from any device and independently manage the access rights of the User’s employees, including roles such as administrator, cashier, and others.
3.2. User’s Obligations
3.2.1. The User shall use the Service only in the ways provided for by this Agreement and in accordance with the restrictions defined by the License.
3.2.2. The User accepts and agrees to unilateral changes by the Service Provider to the Tariffs for purchasing new Licenses, as well as to the rules for using the Service, without prior notice.
3.2.3. Accept the services provided by the Service Provider and make timely and full payment for the Services.
3.2.4. Return to the Service Provider electronic certificates of completion signed by the User within 3 (three) business days from the date such certificates are issued. If, upon expiry of 3 (three) business days, the electronic certificate of completion has not been signed, it shall be deemed accepted and signed by the User. The date of issuing, or sending, an electronic document to the User through telecommunication channels shall be the date on which the electronic document file is received by the electronic document management operator, that is, the date on which the document is accepted by the ESF IS server.
3.2.5. Independently review official information regarding the terms of provision of the Services, published on the Service Provider’s resources, including the official website and social media accounts.
3.3. The User may not:
3.5. At the request of the Service Provider, the User shall delete content or publish retractions of content referred to, including but not limited to, Clause 3.4 of this Agreement.
3.6. The User is solely responsible for their business activities when using the Service and guarantees that the services provided or goods sold by the User do not violate the legislation of the Republic of Kazakhstan and are not prohibited in the territory of the Republic of Kazakhstan, and that the User’s activities are not related to the financing of terrorism and extremism or the financing of the proliferation of weapons of mass destruction, in accordance with the procedure established by the Law of the Republic of Kazakhstan “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism.”
3.7. The User is prohibited from carrying out automated data collection, including parsing and scraping, attempting to gain unauthorized access to servers, or creating excessive load on the infrastructure.
4. PROCEDURE FOR FULFILLING THE TERMS OF THE AGREEMENT
4.1. To purchase a License for the right to use the Service, the User shall perform the following actions:
4.1.1. Register a Personal Account in accordance with the registration procedure established on the Service Provider’s Website and, after registration, create a unique login and password for the purpose of identifying the User and enabling the User to use the Service. This step is optional.
4.1.2. Place an order in the Personal Account or without registration, specifying the License parameters, including the number of Devices on which the Service may be installed and the term of use of the Service.
4.2. The Service Provider grants the User access to the Service and the Subscription within 3 (three) business days from the moment the Tariff payment is received in the Service Provider’s bank account.
4.3. The User is provided with technical support regarding the use of the Service throughout beksar.consulting@gmail.comthe entire term of the License. Support is provided by email at beksar.consulting@gmail.com and by phone at +7 702 778 99 11.
4.4. The User has no right to transfer their rights under the Agreement to third parties.
4.5. The User may not transfer personal registration data, including login and password intended for authorization in the Personal Account, and undertakes to ensure the security and confidentiality of such data. All operations performed in the Service using the User’s login and password shall be deemed to have been performed by the User. The Service Provider shall not be liable for unauthorized use of the User’s registration data by third parties.
4.6. The User is informed and must take into account that the software and other informational materials to which the User gains access during the provision of the Services are objects of the Service Provider’s exclusive rights and are protected by the copyright and intellectual property legislation of the Republic of Kazakhstan.
4.7. The Service Provider has the right to suspend the provision of Services to all users or individual Users for technological reasons, including maintenance work, software and hardware updates, and other similar reasons, as well as in other cases provided for by this Agreement and for reasons beyond the Service Provider’s control.
5. PROCEDURE FOR PAYMENTS AND TRANSFER OF RIGHTS
5.1. The User shall pay a license fee for the right to use the Service based on the Tariffs and invoices issued by the Service Provider.
5.2. The User shall pay the cost of the License by bank card on the Service Provider’s Website or by cashless payment by transferring 100% of the amount specified in the invoice to the Service Provider. After the funds are received, the Licensee receives an email notification confirming the possibility of further use of the Service.
5.3. If, within 3 (three) business days from the date of issuing invoices for payment, certificates of completion, or notifications, the Service Provider does not receive a written claim from the User related to failure to provide access to the Service or failure to provide the Subscription, this means that the Subscription for using the Service has been provided to the User in full and that the services have been duly rendered.
5.4. Since the Subscription for using the Service is provided from the moment of payment, no refund shall be made if the User stops using the Service for any reason. The User has the right to stop using the activated Service at any time by sending the Service Provider a corresponding notice 15 calendar days before the intended termination date.
6. CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL DATA
6.1. The procedure for processing the User’s personal data, as well as the rights and obligations of the Parties regarding confidentiality, are governed by the Privacy Policy, which is an integral part of this Agreement and is permanently available at: https://beksar.kz/public_offer.
6.2. By accepting this Offer, the User confirms that they have read and agree to the data processing terms specified in the Privacy Policy.
6.3. By transmitting Personal Data to the Service Provider through open communication channels, the User acknowledges and accepts the risk of unauthorized receipt of such data by other persons and the related consequences. The Service Provider shall not be liable for unauthorized receipt of Personal Data by other persons during its transmission through open communication channels.
7. LIABILITY OF THE PARTIES
7.1. Users are responsible for their own actions in connection with the use of the Service, the creation and posting of information in the Service, and the security and use of the Service by the User’s employees and/or third parties.
7.2. The Service Provider shall not be liable for the User’s violation of the rules for using the Service and reserves the right, at its sole discretion, to revoke the User’s software license, suspend, restrict, or terminate the User’s access to any sections or services of the Service if, in the Service Provider’s subjective opinion, such User violates the rules for using the Service or poses a threat to the Service, Users, Specialists, or third parties. Revocation of the User’s license to the Service means automatic deletion of all information posted in it, as well as all User information entered during the use of the Service. After revocation of the Service license, the User loses the right to access the Service provided to registered Users.
7.3. The Service Provider shall not be liable for temporary blocking and/or deletion of information, or revocation of the User’s software license, carried out in accordance with the rules for using the Service.
7.4. The Service Provider shall not be liable for temporary failures and interruptions in the operation of the Service or for any loss of information caused by them.
7.5. A Party shall be released from liability for partial or complete non-performance of obligations under this Offer Agreement if such non-performance resulted from force majeure circumstances arising after accession to this Offer Agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures. Such extraordinary events include quarantine restrictions and measures, fire, flood and other natural phenomena, military actions, mass unrest, terrorist acts, and similar events.
7.6. In case of late payment by the User within the terms specified in this Agreement, the User shall pay the Service Provider a penalty of 0.5% of the overdue unpaid amount for each day of delay. If the violation of the payment terms and procedure continues for more than 30 (thirty) calendar days, the Service Provider has the right to terminate this Agreement unilaterally by notifying the User 5 calendar days before the intended termination date.
7.7. The total liability of the Service Provider under this Agreement shall be limited to the amount paid by the User for the Services rendered.
8. LIMITATION OF THE SERVICE PROVIDER’S LIABILITY
8.1. The User fully acknowledges and confirms their agreement that the use of the Service is carried out solely at the User’s own risk. In particular, the Service Provider does not guarantee that:
8.3. The User fully acknowledges and confirms their agreement that the User is fully responsible for the security of the identification data used when accessing the Service and for any losses that may arise due to its loss or unauthorized access to the User’s account. The User fully acknowledges and confirms that they are aware of the advisability of regularly changing their password. The Service Provider shall not be liable and shall not compensate for losses or lost profits arising in connection with unauthorized use by other Users or third parties of the User’s registration or identification data. All actions performed by the User’s employees or engaged third parties shall be regarded as actions of the User. The User bears full responsibility for all actions performed by an authorized person on the User’s behalf.
8.4. The Service Provider shall not be liable for any damage to the User’s or third parties’ electronic devices, mobile devices, any other equipment, or software caused by or related to the Service.
8.5. The User fully acknowledges and confirms their agreement that the Service Provider does not control and bears no responsibility for the availability of Internet resources or their content, or for any consequences related to the use of such resources.
9. DISPUTE RESOLUTION
9.1. Pre-trial dispute resolution is carried out through negotiations and submission of claims, but is not mandatory.
9.2. Disputes shall be resolved in court in accordance with the legislation of the Republic of Kazakhstan at the location of the Service Provider.
10. PROCEDURE FOR AMENDING AND TERMINATING THE OFFER AGREEMENT
10.1. The Parties have agreed that notices and/or requests under the Offer Agreement may be exchanged by the Parties in any of the following forms:
10.1.1. in hard copy, sent:
10.1.1.1. by mail, necessarily by registered postal item, meaning registered letter; or
10.1.1.2. by hand delivery against the recipient’s signature on the sender’s copy of the notice.
10.1.2. without the use of hard copies, by messages sent by email:
10.1.2.1. on behalf of the Service Provider from an email address containing the domain name beksar.kz;
10.1.2.2. on behalf of the User from the email address specified when paying for the Subscription to the software.
10.1.3. A notice and/or request sent in the form of an email message must contain:
10.1.3.1. in the subject line of the message — the subject of the notice and/or request;
10.1.3.2. in the body of the message — information necessary for consideration of the request or information sufficient to understand the submitted notice.
The Parties have separately agreed that emails sent from other email addresses or in a form other than those described above may not be considered.
10.2. The Parties have agreed that the Service Provider has the right, at its discretion, to amend and/or supplement the Offer Agreement, including the terms and/or procedure for providing the Services, the scope, quantity and/or package composition of the Services, and their cost. In this case:
10.2.1. notification of the User about such amendments and/or supplements shall be carried out by any publicly available method, including by posting on the Website. If the User disagrees with the amendments and/or supplements made to the Offer Agreement, the User must notify the Service Provider in writing and/or stop using the Services. The Parties have agreed that the absence of such written notice from the User shall be regarded as the User’s consent to the amendments and/or supplements to the Offer Agreement proposed by the Service Provider. The Offer Agreement shall be deemed amended and/or supplemented from the moment specified in the Service Provider’s notice and on the basis thereof, without signing any additional agreements to the Offer Agreement.
10.2.2. In order to ensure the possibility of storing and reproducing the terms of the Offer Agreement as of the moment the User accedes to the Offer Agreement, when the User performs Acceptance in the manner regulated by the Offer Agreement, the Service Provider provides the User with the opportunity to copy the text of this Offer Agreement for further storage on the User’s Device.
10.2.3. The current version of the Offer Agreement is published on the Website.
10.3. The Service Provider has the right to terminate the Agreement with the User if the User violates the terms of this Agreement. The Agreement shall be deemed terminated from the moment the Service Provider sends the notice.
10.4. If, at the moment of termination or expiration of the Agreement, the cost of the Services paid for by the User exceeds the cost of the Services actually provided to the User, the difference between the specified amounts shall not be refunded.
10.5. If the User does not perform any operations in the Personal Account using their login and password and does not use the Service for more than 6 consecutive months, the Service Provider has the right to terminate this Agreement unilaterally by sending the User a notice. At the same time, non-use of the Service does not release the User from the obligation to pay for the Services provided.
10.6. In the event of termination or expiration of this Agreement, including cancellation of the Subscription, the User has the right to export their Business Data from the Service within 30 (thirty) calendar days from the end of the Subscription Period. The Service Provider undertakes to ensure storage of the data during the specified period. Upon expiry of 30 (thirty) calendar days from the end date of the last paid Subscription, the Service Provider has the right to permanently delete all User data from its servers.
11. FINAL PROVISIONS
11.1. The Offer Agreement, as well as all legal relations arising in connection with the performance of the Offer Agreement, shall be governed by and interpreted in accordance with the legislation of the Republic of Kazakhstan.
11.2. The Offer Agreement enters into force at the moment the User accedes to the Offer Agreement, that is, when the User performs Acceptance in the manner regulated by the Offer Agreement, and remains in effect until the Parties fully fulfill their obligations.
11.3. All terms not regulated by this Agreement shall be governed by the provisions of the applicable legislation of the Republic of Kazakhstan.
11.4. If any provision of this Agreement is declared invalid due to changes in applicable legislation or by a court decision, the remaining provisions shall remain in force.
DETAILS OF THE SERVICE PROVIDER
LLP “BEKSAR Consulting”
BIN: 210640040053
IIC/IBAN: KZ68601A871007152571
BIC/SWIFT: HSBKKZKX
Kbe: 17
Address: Apt./Office 225, 5/1 Saraishyq St., Astana, Republic of Kazakhstan
Email: beksar.consulting@gmail.com
Phone: +7 702 778 99 11
This offer of the Limited Liability Partnership “BEKSAR Consulting”, represented by Director B.A. Sarsembayev, hereinafter referred to as the Service Provider, in accordance with Clause 1 of Article 389 and Clause 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, is a Public Offer under which the Service Provider offers to conclude an Agreement for the Provision of Electronic Services provided using information technologies, on the terms specified in this offer, with any person who accepts it.
This offer contains all essential terms, namely the terms recognized as essential by law or necessary for providing access to the software for the Device, available on the website beksar.kz, as well as any terms regarding which, according to the Service Provider’s statement, an agreement must be reached.
The parties to the Public Offer are the Limited Liability Partnership “BEKSAR Consulting”, represented by Director B.A. Sarsembayev, acting on the basis of the Charter, and the User — an individual or legal entity that has accepted the rules for using the software product.
Any person interested in receiving information and/or services provided by the Service Provider must fully review the terms of the Public Offer and its appendices, including the terms of personal data processing.
Registration of the User on the Website using the registration form available on it constitutes confirmation of the User’s legal capacity, as well as full and unconditional acceptance of the Public Offer provided for by Clause 1 of Article 389 and Clause 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, and confirmation of the User’s absolute agreement with the terms of provision and use of services posted on the Website, as well as consent to the processing of their personal data.
Failure by the User to comply with the provisions and terms of the Public Offer may result in cancellation of registration or temporary suspension of the User’s access to the Service Provider’s Software. The User bears full responsibility when using the services, including payment for the relevant services and payment for Internet access costs incurred during such use.
1. CONCEPTS AND TERMS USED IN THIS PUBLIC OFFER
1.1. Service means the Beksar cloud-based product accounting system, available at app.beksar.kz through a browser or other software using web protocols, under the SaaS model, Software as a Service. The Service is the intellectual property of the Service Provider.
1.2. Offer Agreement means this offer of the Service Provider addressed to any person, containing all essential terms for providing paid access to the Service, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan.
1.3. Acceptance means the User’s full and unconditional acceptance of the terms of the Offer, in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, performed by registering in the Service and/or paying for the Subscription.
1.4. Website means the internet resource located at beksar.kz, containing information about the Service functionality, Tariff Plans, and technical support terms.
1.5. User means an individual or legal entity, including individual entrepreneurs, having legal capacity and capability, who has accepted this Offer in order to use the Service for their own purposes.
1.6. Subscription means the User’s right to time-limited access to the functional capabilities of the Service within the scope of the selected Tariff Plan.
1.7. Tariff Plan means a set of specific functional capabilities, limits, such as the number of employees that can be created, and the Subscription price published on the Website. The Service Provider has the right to change Tariff Plans unilaterally.
1.8. Subscription Period means a fixed period of time, month or year, during which the User is granted access to the Service on a prepaid basis.
1.9. Trial Period means the period of free introductory use of the Service by the User from the moment of registration. Its duration is 14 (fourteen) calendar days, unless otherwise specified on the Website.
1.10. User Account, or Account, means a unique set of data in the Service required for User identification and authorization.
1.11. Personal Account means a closed section of the Service available to the User after authorization, intended for managing the Subscription, selecting a Tariff Plan, making payments, and configuring employee access rights.
1.12. Business Data means information entered by the User into the Service, including data on products, inventory balances, sales, customers, and other information, which is the property of the User and is subject to storage and backup by the Service Provider.
2. SUBJECT OF THE OFFER AGREEMENT
2.1. The Service Provider grants the User paid access to the Beksar cloud Service via the Internet within the scope of the functional capabilities of the selected Tariff Plan. Access is provided from any device through a browser. Exclusive rights to the Service belong to the Service Provider.
2.2. Data entered by the User, including products, sales, and inventory balances, is the property of the User. The Service Provider ensures its storage and backup. In the event of termination of the Agreement, the User has the right to export their data within 30 calendar days. The Service Provider has the right to use anonymized and aggregated data to generate analytical reports and improve the quality of the Service.
2.3. The Service Provider ensures Service availability of at least 99.5% of the time. Scheduled maintenance is not included in this calculation, provided that the Service Provider notifies the User 24 hours in advance.
3. RIGHTS AND OBLIGATIONS
3.1. User’s Rights
3.1.1. The User has the right to use the Service in the following ways:
3.1.2. Install the Service only on devices owned by the User or with the written consent of the owner of the device.
3.1.3. Reproduce the Service in accordance with its intended purpose, subject to the License term of use and the number of Devices on which the Service may be installed.
3.1.4. Use the Service exclusively in the User’s own business activities.
3.1.5. Use the Service through a browser from any device and independently manage the access rights of the User’s employees, including roles such as administrator, cashier, and others.
3.2. User’s Obligations
3.2.1. The User shall use the Service only in the ways provided for by this Agreement and in accordance with the restrictions defined by the License.
3.2.2. The User accepts and agrees to unilateral changes by the Service Provider to the Tariffs for purchasing new Licenses, as well as to the rules for using the Service, without prior notice.
3.2.3. Accept the services provided by the Service Provider and make timely and full payment for the Services.
3.2.4. Return to the Service Provider electronic certificates of completion signed by the User within 3 (three) business days from the date such certificates are issued. If, upon expiry of 3 (three) business days, the electronic certificate of completion has not been signed, it shall be deemed accepted and signed by the User. The date of issuing, or sending, an electronic document to the User through telecommunication channels shall be the date on which the electronic document file is received by the electronic document management operator, that is, the date on which the document is accepted by the ESF IS server.
3.2.5. Independently review official information regarding the terms of provision of the Services, published on the Service Provider’s resources, including the official website and social media accounts.
3.3. The User may not:
- transfer to any third parties the rights of possession and use of the Service, including by sale, exchange, gift, or otherwise;
- lease or rent out the Service, or provide it under sublicensing terms;
- extract the source code, perform reverse engineering or decompilation, translate, disassemble, or make any other attempts to determine the source code of the Service;
- use the Service with third-party software in a way that intentionally circumvents the usage restrictions established in this Agreement;
- use the Service for the purpose of developing or managing products or services that may compete with the Software;
- create derivative products based on the Service in any manner not permitted by this Agreement;
- modify, change, adapt, or combine the Service with other software; change the appearance of the Service user interfaces;
- use the Service to reproduce, distribute, display, transmit, or use materials protected by copyright or other intellectual property rights without obtaining permission from the rights holder;
- use the Service to create, use, send, store, or launch viruses or other malicious computer code, files, scripts, agents, or other programs, or attempt to harm the security, integrity, or operability of the Software.
3.5. At the request of the Service Provider, the User shall delete content or publish retractions of content referred to, including but not limited to, Clause 3.4 of this Agreement.
3.6. The User is solely responsible for their business activities when using the Service and guarantees that the services provided or goods sold by the User do not violate the legislation of the Republic of Kazakhstan and are not prohibited in the territory of the Republic of Kazakhstan, and that the User’s activities are not related to the financing of terrorism and extremism or the financing of the proliferation of weapons of mass destruction, in accordance with the procedure established by the Law of the Republic of Kazakhstan “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism.”
3.7. The User is prohibited from carrying out automated data collection, including parsing and scraping, attempting to gain unauthorized access to servers, or creating excessive load on the infrastructure.
4. PROCEDURE FOR FULFILLING THE TERMS OF THE AGREEMENT
4.1. To purchase a License for the right to use the Service, the User shall perform the following actions:
4.1.1. Register a Personal Account in accordance with the registration procedure established on the Service Provider’s Website and, after registration, create a unique login and password for the purpose of identifying the User and enabling the User to use the Service. This step is optional.
4.1.2. Place an order in the Personal Account or without registration, specifying the License parameters, including the number of Devices on which the Service may be installed and the term of use of the Service.
4.2. The Service Provider grants the User access to the Service and the Subscription within 3 (three) business days from the moment the Tariff payment is received in the Service Provider’s bank account.
4.3. The User is provided with technical support regarding the use of the Service throughout beksar.consulting@gmail.comthe entire term of the License. Support is provided by email at beksar.consulting@gmail.com and by phone at +7 702 778 99 11.
4.4. The User has no right to transfer their rights under the Agreement to third parties.
4.5. The User may not transfer personal registration data, including login and password intended for authorization in the Personal Account, and undertakes to ensure the security and confidentiality of such data. All operations performed in the Service using the User’s login and password shall be deemed to have been performed by the User. The Service Provider shall not be liable for unauthorized use of the User’s registration data by third parties.
4.6. The User is informed and must take into account that the software and other informational materials to which the User gains access during the provision of the Services are objects of the Service Provider’s exclusive rights and are protected by the copyright and intellectual property legislation of the Republic of Kazakhstan.
4.7. The Service Provider has the right to suspend the provision of Services to all users or individual Users for technological reasons, including maintenance work, software and hardware updates, and other similar reasons, as well as in other cases provided for by this Agreement and for reasons beyond the Service Provider’s control.
5. PROCEDURE FOR PAYMENTS AND TRANSFER OF RIGHTS
5.1. The User shall pay a license fee for the right to use the Service based on the Tariffs and invoices issued by the Service Provider.
5.2. The User shall pay the cost of the License by bank card on the Service Provider’s Website or by cashless payment by transferring 100% of the amount specified in the invoice to the Service Provider. After the funds are received, the Licensee receives an email notification confirming the possibility of further use of the Service.
5.3. If, within 3 (three) business days from the date of issuing invoices for payment, certificates of completion, or notifications, the Service Provider does not receive a written claim from the User related to failure to provide access to the Service or failure to provide the Subscription, this means that the Subscription for using the Service has been provided to the User in full and that the services have been duly rendered.
5.4. Since the Subscription for using the Service is provided from the moment of payment, no refund shall be made if the User stops using the Service for any reason. The User has the right to stop using the activated Service at any time by sending the Service Provider a corresponding notice 15 calendar days before the intended termination date.
6. CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL DATA
6.1. The procedure for processing the User’s personal data, as well as the rights and obligations of the Parties regarding confidentiality, are governed by the Privacy Policy, which is an integral part of this Agreement and is permanently available at: https://beksar.kz/public_offer.
6.2. By accepting this Offer, the User confirms that they have read and agree to the data processing terms specified in the Privacy Policy.
6.3. By transmitting Personal Data to the Service Provider through open communication channels, the User acknowledges and accepts the risk of unauthorized receipt of such data by other persons and the related consequences. The Service Provider shall not be liable for unauthorized receipt of Personal Data by other persons during its transmission through open communication channels.
7. LIABILITY OF THE PARTIES
7.1. Users are responsible for their own actions in connection with the use of the Service, the creation and posting of information in the Service, and the security and use of the Service by the User’s employees and/or third parties.
7.2. The Service Provider shall not be liable for the User’s violation of the rules for using the Service and reserves the right, at its sole discretion, to revoke the User’s software license, suspend, restrict, or terminate the User’s access to any sections or services of the Service if, in the Service Provider’s subjective opinion, such User violates the rules for using the Service or poses a threat to the Service, Users, Specialists, or third parties. Revocation of the User’s license to the Service means automatic deletion of all information posted in it, as well as all User information entered during the use of the Service. After revocation of the Service license, the User loses the right to access the Service provided to registered Users.
7.3. The Service Provider shall not be liable for temporary blocking and/or deletion of information, or revocation of the User’s software license, carried out in accordance with the rules for using the Service.
7.4. The Service Provider shall not be liable for temporary failures and interruptions in the operation of the Service or for any loss of information caused by them.
7.5. A Party shall be released from liability for partial or complete non-performance of obligations under this Offer Agreement if such non-performance resulted from force majeure circumstances arising after accession to this Offer Agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures. Such extraordinary events include quarantine restrictions and measures, fire, flood and other natural phenomena, military actions, mass unrest, terrorist acts, and similar events.
7.6. In case of late payment by the User within the terms specified in this Agreement, the User shall pay the Service Provider a penalty of 0.5% of the overdue unpaid amount for each day of delay. If the violation of the payment terms and procedure continues for more than 30 (thirty) calendar days, the Service Provider has the right to terminate this Agreement unilaterally by notifying the User 5 calendar days before the intended termination date.
7.7. The total liability of the Service Provider under this Agreement shall be limited to the amount paid by the User for the Services rendered.
8. LIMITATION OF THE SERVICE PROVIDER’S LIABILITY
8.1. The User fully acknowledges and confirms their agreement that the use of the Service is carried out solely at the User’s own risk. In particular, the Service Provider does not guarantee that:
- the service or services will meet the User’s individual requirements;
- the service or services will be provided without interruptions, in a timely, secure, and reliable manner;
- the results obtained through the use of the services will be accurate and reliable;
- any recommendations or information in any form, whether oral or written, received by the User from the Service Provider, may be considered as the Service Provider providing any warranties or as a modification of the limitation of the Service Provider’s liability provided for in this Agreement.
8.3. The User fully acknowledges and confirms their agreement that the User is fully responsible for the security of the identification data used when accessing the Service and for any losses that may arise due to its loss or unauthorized access to the User’s account. The User fully acknowledges and confirms that they are aware of the advisability of regularly changing their password. The Service Provider shall not be liable and shall not compensate for losses or lost profits arising in connection with unauthorized use by other Users or third parties of the User’s registration or identification data. All actions performed by the User’s employees or engaged third parties shall be regarded as actions of the User. The User bears full responsibility for all actions performed by an authorized person on the User’s behalf.
8.4. The Service Provider shall not be liable for any damage to the User’s or third parties’ electronic devices, mobile devices, any other equipment, or software caused by or related to the Service.
8.5. The User fully acknowledges and confirms their agreement that the Service Provider does not control and bears no responsibility for the availability of Internet resources or their content, or for any consequences related to the use of such resources.
9. DISPUTE RESOLUTION
9.1. Pre-trial dispute resolution is carried out through negotiations and submission of claims, but is not mandatory.
9.2. Disputes shall be resolved in court in accordance with the legislation of the Republic of Kazakhstan at the location of the Service Provider.
10. PROCEDURE FOR AMENDING AND TERMINATING THE OFFER AGREEMENT
10.1. The Parties have agreed that notices and/or requests under the Offer Agreement may be exchanged by the Parties in any of the following forms:
10.1.1. in hard copy, sent:
10.1.1.1. by mail, necessarily by registered postal item, meaning registered letter; or
10.1.1.2. by hand delivery against the recipient’s signature on the sender’s copy of the notice.
10.1.2. without the use of hard copies, by messages sent by email:
10.1.2.1. on behalf of the Service Provider from an email address containing the domain name beksar.kz;
10.1.2.2. on behalf of the User from the email address specified when paying for the Subscription to the software.
10.1.3. A notice and/or request sent in the form of an email message must contain:
10.1.3.1. in the subject line of the message — the subject of the notice and/or request;
10.1.3.2. in the body of the message — information necessary for consideration of the request or information sufficient to understand the submitted notice.
The Parties have separately agreed that emails sent from other email addresses or in a form other than those described above may not be considered.
10.2. The Parties have agreed that the Service Provider has the right, at its discretion, to amend and/or supplement the Offer Agreement, including the terms and/or procedure for providing the Services, the scope, quantity and/or package composition of the Services, and their cost. In this case:
10.2.1. notification of the User about such amendments and/or supplements shall be carried out by any publicly available method, including by posting on the Website. If the User disagrees with the amendments and/or supplements made to the Offer Agreement, the User must notify the Service Provider in writing and/or stop using the Services. The Parties have agreed that the absence of such written notice from the User shall be regarded as the User’s consent to the amendments and/or supplements to the Offer Agreement proposed by the Service Provider. The Offer Agreement shall be deemed amended and/or supplemented from the moment specified in the Service Provider’s notice and on the basis thereof, without signing any additional agreements to the Offer Agreement.
10.2.2. In order to ensure the possibility of storing and reproducing the terms of the Offer Agreement as of the moment the User accedes to the Offer Agreement, when the User performs Acceptance in the manner regulated by the Offer Agreement, the Service Provider provides the User with the opportunity to copy the text of this Offer Agreement for further storage on the User’s Device.
10.2.3. The current version of the Offer Agreement is published on the Website.
10.3. The Service Provider has the right to terminate the Agreement with the User if the User violates the terms of this Agreement. The Agreement shall be deemed terminated from the moment the Service Provider sends the notice.
10.4. If, at the moment of termination or expiration of the Agreement, the cost of the Services paid for by the User exceeds the cost of the Services actually provided to the User, the difference between the specified amounts shall not be refunded.
10.5. If the User does not perform any operations in the Personal Account using their login and password and does not use the Service for more than 6 consecutive months, the Service Provider has the right to terminate this Agreement unilaterally by sending the User a notice. At the same time, non-use of the Service does not release the User from the obligation to pay for the Services provided.
10.6. In the event of termination or expiration of this Agreement, including cancellation of the Subscription, the User has the right to export their Business Data from the Service within 30 (thirty) calendar days from the end of the Subscription Period. The Service Provider undertakes to ensure storage of the data during the specified period. Upon expiry of 30 (thirty) calendar days from the end date of the last paid Subscription, the Service Provider has the right to permanently delete all User data from its servers.
11. FINAL PROVISIONS
11.1. The Offer Agreement, as well as all legal relations arising in connection with the performance of the Offer Agreement, shall be governed by and interpreted in accordance with the legislation of the Republic of Kazakhstan.
11.2. The Offer Agreement enters into force at the moment the User accedes to the Offer Agreement, that is, when the User performs Acceptance in the manner regulated by the Offer Agreement, and remains in effect until the Parties fully fulfill their obligations.
11.3. All terms not regulated by this Agreement shall be governed by the provisions of the applicable legislation of the Republic of Kazakhstan.
11.4. If any provision of this Agreement is declared invalid due to changes in applicable legislation or by a court decision, the remaining provisions shall remain in force.
DETAILS OF THE SERVICE PROVIDER
LLP “BEKSAR Consulting”
BIN: 210640040053
IIC/IBAN: KZ68601A871007152571
BIC/SWIFT: HSBKKZKX
Kbe: 17
Address: Apt./Office 225, 5/1 Saraishyq St., Astana, Republic of Kazakhstan
Email: beksar.consulting@gmail.com
Phone: +7 702 778 99 11