PUBLIC OFFER

APPROVE:
A. Dunbayev
Director General for
Information systems direction
Kazakhtelecom JSC branch
Order №_____ dated ___________.


PUBLIC OFFER

Kazakhtelecom JSC, represented by A.Dunbayev, Director General for Information systems direction, Kazakhtelecom JSC branch, acting on the basis of General Power of attorney №51 dated 25.02.2016, hereinafter referred to as «Executor», offers to any legal entity or an individual, hereinafter referred to as «Customer» infotelecommunication services in Internet (hereinafter as Services). Further Executor and Customer jointly referred to as «Parties», and separately as a Party.

1. Terms and definitions

1.1. web-site – an official Executor’s site, located on http://www.idhost.kz in Internet.

1.2. Control panel– registration system of Executor (web-interface), located on http://cp.idhost.kz in Internet and represented to Customer for 24 hours access to the services, information on services provided to Customer, used by Customer rates and tariff plans to the services, state of account, remote order, control, change and disabling of services etc.

1.3. Account– registration data in Executor’s system on payment made by Customer for the services.

1.4. Subscription – an order to a service /group of services, confirmed by a Customer and provided within definite Executors’ tariff plan. Subscription has its unique number. Customer can have one or several subscriptions.

1.5. Working day– means a day, officially considered this year as working on the territory of Republic of Kazakhstan at 5-th day working week.

2. Subject of the Contract

2.1. Executor provides to Customer infotelecommunication services in a volume and on terms, specified by this Contract and Appendices to it (further Services) and Customer is obliged to pay for such services in terms and on conditions, specified by this Contract and rates, providing of which is stated on web-site.

3. Rights and obligations of the Parties

3.1. Executor is obliged to:

3.1.1. provide services according to the terms of this Contract and Appendices to it, also provide software and equipment for rendering services.

3.1.2. register number and control of services quality, take measures on preventing and removal of violations in rendering services.

3.1.3. due to the legislation of the Republic of Kazakhstan or Executor’s acts notify Customer on change of rates to the services, and change of conditions of rendering services.

3.1.4. conduct Customer’s account at which display cash flows in time.

3.1.5. keep Customer’s information confidentiality, received when registration, and content of private e-mail messages except events, specified by the legislation of the Republic of Kazakhstan.

3.2. Executor has a right to:

3.2.1. install technical requirements, followed by Customer in compulsory order pursuant to the legislation of the Republic of Kazakhstan, other normative documents and technical conditions in the sphere of communication.

3.2.2. cancel contract in one sided order by notifying Executor in written prior to 10 calendar days, paying all charges before contract is cancelled and actually costs, connected with providing services. Application from client shall be considered as accepted from registration date on Executor’s side

3.2.3.Require full payment for services provided in time and in c full volume.

3.2.4 After service access stopped shall send a notification to a client on such cancelation of the contract and after 30 (thirty) calendar days shall cancel the contract in one sided order. Contract cancellation shall not release the client from debt and penalties payment, formed after services were stopped to be provided till date of contract cancellation.

3.2.5. refuse providing services to Customer, if Customer’s requirements are out of technical feasibilities of Executor.

3.2.6. rely on completeness, actuality and true information handed over by Customer

3.2.7. refuse to Customer in providing services if clause 3.3.3. of the Contract is violated, and immediately stop providing services if Customer violates contract clause above in the process of providing services till removal of violation by Customer. If violation failed to be removed during 10 (ten) calendar days after services were stopped to be provided, Executor has a right to delete all Customer’s information and his registered record.

3.2.8. Other Executor’s rights are shown in this Contract.

3.3. Customer is obliged to:

3.3.1. perform technical requirements when using services.

3.3.2. immediately inform Executor on any defects, appeared when using services.

3.3.3. inform Executor within a month on its leave, change of status, change of location, legal address or bank requisites.

3.3.4. not to delegate rights and obligations by this Contract to third parties without written consent of Executor.

3.3.5. make advance payment pursuant to the Contract in time and full volume.

3.3.6. independently follow the state and replenishment of account in Executor’s reg.system (Control panel).

3.3.7. carry out conditions and terms of this Contract, rules published on Executor’s web-site and follow the legislation of the Republic of Kazakhstan.

3.4. Customer has a right to:

3.4.1. receive high quality services.

3.4.2. claim Executor’s actions in prescribed by legislation order that contradict to the legislation of the Republic of Kazakhstan.

3.4.3. require from Executor presenting necessary information on requisites, working hours, rendered services, order of maintenance.

3.4.4. cancel contract in one sided order by notifying Executor in written prior to 10 calendar days, paying all charges before contract is cancelled and actually costs, connected with providing services. Application from client shall be considered as accepted from registration date on Executor’s side

3.4.5. print an invoice with help of Control panel and make advanced payment for the services

3.4.6. have other rights, specified by the legislation of the Republic of Kazakhstan.

4. Order and terms of payments

4.1. services shall be paid on terms of 100% prepayment and shall be provided of positive balance on Customer’s account. Executor has a right to stop rendering services if debts on Customer’s account.

4.2. Customer shall independently form in Control panel an invoice pursuant to the instruction n the web-site.

4.3. If Customer needs several services (more than one subscription and \or more than one order for subscription activation and \or registration\prolongation of domain names registration available at Customer), Executor shall render services in full volume pursuant to the number of orders (confirms all Customer’s orders, not part of them) if Customer made full prepayment for all services due to the rates.

4.4. Charging of o Customer’s account is made with one amount, by types of services. If lack of amount necessary for confirmation of all orders on Customer’s account, Executor charges funds from Customer’s account in favor of any of Customer’s services (confirms orders selectively), otherwise stop rendering services. Executor shall not be responsible for consequence of orders confirmation.

4.5. Volume of consumed services is defined by Executor’s registration data and is basis from invoicing.

4.6. If Executor closes tariff plan, Customer has a right to shift to other tariff plan or cancel Contract during 7 (seven) days after tariff plan is closed. After 7 (seven) work days since tariff plan is closed Executor has a right to shift Customer to other tariff plan without Customer’s consent.

4.7. Payment for the services shall be made by bank transfer, bank card through E-Pay system, Homebank.kz internet banking system of Kazakomertsbank JSC. When making payment Customer shall indicate number of account for further payment identification. When lack of such data Executor can fail to charge funds and stop rendering services till correct payment is made. Bank charges (bank commission) shall be paid by Customer.

4.8. If Customer’s payment delay reg.record and its information are kept during 30 (thirty) calendar days from moment of next payment. After such term Executor can delete all Customer’s information and his reg.records as well.

4.9. all payments shall be in tenge the national currency of the Republic of Kazakhstan.

4.10. invoices shall be delivered to Customer by mail otherwise issued at Executor’s office otherwise by downloading by a Customer in personal cabinet on esf.gov.kz.

4.11. Executor’s requisites are published on Executor’s web-site, Customer independently responsible for payments, made by old requisites.

5. Responsibility of the Parties

5.1. Executor bears no responsibility for quality of public use communication channels, by means of which access to the services is made and protection of Customer’s network from unsanctioned access (viruses and hackers attacks).

5.2. Executor fails to control information content, placed by Customer by means of resources within the Contract, and bears no responsibility for its correctness and legality.

5.3. Customer shall be responsible for paying invoices and if Customer handles over services to third parties, also meets any claims, suits of such persons, appeared in result of use with such services.

5.4. parties are responsible for real damage only. Parties shall not be responsible for any indirect losses, and lost profit.

5.5. if failure to perform or improper execution of obligations, Parties are responsible pursuant to the legislation of the Republic of Kazakhstan and the Contract.

5.6. Parties shall be released form responsibility for complete or partial non execution of obligations, and delay in performing by Contract, if occurred in result of force-majeur circumstances such as strikes, military actions, other events, which can not be envisaged or prevented.

5.7. Customer completely responsible for safety of its password and for losses, which can arise in result of unsanctioned use. By fact of theft or loss of login and password, occurred on third parties guilt, Customer can direct to Executor’s address application on change of password and appeal to investigator and legal authorities.

5.8. Executor fails to guarantee 100% protection from burglary, as when providing services uses software developed by third parties.

5.9. Customer has no right to store and distribute information by means of provided by Executor services that meets the legislation of the Republic of Kazakhstan, and materials of pornographic nature information that can raise international /inter confession discords, information that contains appeals to disruption of constitutional scheme of the Republic of Kazakhstan

5.10. Executor is not a claimant or respondent by any obligations and costs, connected with violation of Contract provisions by Customer or other persons, using user’s name and Customer’s password; or connected with use of Internet through services.

5.11. Customer agrees to collect and process personal data, necessary for providing infotelecommunication services within this Contract

5.12. Customer takes all responsibility if any requirements presented to him or /and to Executor otherwise claims, suits of third parties, including state power and management authorities of the Republic of Kazakhstan, its subjects and bodies of local self management, and any public organizations due to actual or supposed violation of personal and property rights (including author’s rights) of these persons, and norms of morality or public order in result of using services, including, but not limiting, transfer and/or receipt of information by Customer, content of which can bring to third parties actions above.

5.13. Executor has a right to stop rendering services for a period, necessary for scheduled and /or prophylaxis works on its equipment, prior notifying Customers by means of publication of message on Executor’s web-site provided in Customer’s Control panel, not less a day prior to such works. Total time for services unavailability, connected with scheduled works shall not exceed 10 (ten) hors per month.

Scheduled and /or prophylactic works are nor break in rendering services and can not be considered as violation by Executor of its obligations, specified by this Contract.

5.14. If in events not specified by conditions of this Contract, Parties shall be responsible according to the legislation of the Republic of Kazakhstan.

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6. Validity, order of change and cancelation of the Contract

6.1. Contract shall enter into force after Customer accept its conditions and terms in the order specified by the Contract, and shall be valid till the end of calendar year.

6.2. Validity of the Contract is automatically prolonged to the next year, if neither party declared its termination not less 30 (thirty) calendar days prior to end of calendar year in written. At that Executor has a right to send detailed application by e-mail to Customer’s address provided in Control panel (https://cp.idhost.kz) in section «Contact information».

6.3. Automatic prolongation period of the Contract is permanent.

6.4. Executor leave s the right to change terms of the Contract and rates. Executor shall notify Customer on any changes publishing message on Executor’s site, and/or in places of work with Customers, and /or by e-mail to Customer’s addresses, specified in Control panel, specified in Customer’s control panel. Executor is obliged to notify Customers on any changes not less 7 (seven) calendar days before such changes entered into force.

6.5. If Customer fails to agree with the changes, he can cancel the Contract, notifying Executor in written and/or e-mail to Executor’s addresses (sales@idhost.kz, support@idhost.kz) from e-mail, indicated by Customer in Control panel in section «Personal information». If Executor failed to receive written notification from Customer on cancelling Contract by the reasons provided during 7 (seven) calendar days from moment of such changes validation, specified changes are considered as accepted by Customer.

6.6. If pre-scheduled termination of Contract by Customer’s written notification return of unused funds shall be made to Customer, except events, specified by the Contract. At that return of funds shall be made only in non-cash order. Transfer of returned funds to a third party on Customer’s request is not specified.

7. Governing law

7.1. This Contract subject to execution and shall be interpreted pursuant to the legislation of the Republic of Kazakhstan.

7.2. If more than one month passed after leave of a Client and Client failed to notify Executor, Executor can terminate Contract without prior written notification provided to Client.

7.3. All disputes that can arise from this Contract shall be solved by negotiations.

7.4. In other case shall be considered at courts of the Republic of Kazakhstan pursuant to the legislation of RK.

7.5. For solving technical issues when determining Customer’s guilt in result of illegal actions when using Internet network, Executor has a right to independently attract competent organizations as an experts. If Customer’s guilt was determined, Customer is obliged to compensate all charges for experts.

7.6. By all issues nor stipulated in this Contract, Parties shall follows the legislation of the Republic of Kazakhstan.

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