Public contract (offer)
1. GENERAL PROVISIONS 1.1. This public agreement (hereinafter referred to as the “Agreement”) is an official proposal (offer) of the Limited Liability Partnership LLP " EvoPay " (hereinafter referred to as the “Operator”), registered in accordance with the legislation of the Republic of Kazakhstan, addressed to an unlimited number of persons - individuals and legal entities (hereinafter referred to as the “User”), enter into this Agreement on the terms set out below. 1.2. This Agreement is a public contract in accordance with Article 387 of the Civil Code of the Republic of Kazakhstan (Special Part) and an agreement of adhesion in accordance with Article 389 of the Civil Code of the Republic of Kazakhstan (General Part). 1.3. The operator carries out its activities on the basis of a license to carry out the activities of an organization carrying out certain types of banking operations, issued by the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market (ARRFM), and (or) the National Bank of the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan dated July 2-6, 2016 No. 11-VI “On Payments and Payment Systems” (hereinafter referred to as the “Payments Law”). 1.4. The VirtuOZ platform (hereinafter referred to as the “Platform”) is a software and hardware complex that provides payment services and escrow services in electronic form. 1.5. Acceptance of this offer is the completion by the User of a set of actions: registering an account on the Platform, completing the identification procedure (KYC), as well as the first use of the Platform’s services. Acceptance of the offer means full and unconditional acceptance by the User of all the terms of the Agreement in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan (General Part). 1.6. The Agreement is considered concluded from the moment the offer is accepted and is valid for an indefinite period until its termination in the manner established by this Agreement.
2. TERMS AND DEFINITIONS 2.1. The following terms and definitions are used in this Agreement: “Platform” - the VirtuOZ hardware and software complex, accessible through a web interface and mobile applications, providing payment transactions and escrow services. “Electronic wallet” (hereinafter referred to as the “Wallet”) is the User’s electronic means of payment, opened on the Platform for accounting for electronic money and making payment transactions in accordance with the Payments Law. “Electronic money” - unconditional and irrevocable monetary obligations of the Operator in electronic form, issued in accordance with the requirements of the Payments Law. “Escrow account” is a special account on the Platform in which funds (electronic money) are conditionally deposited until the conditions agreed upon by the parties occur in accordance with Article 886 of the Civil Code of the Republic of Kazakhstan (Special Part). “Depositor” is a User who places funds on an escrow account as security for the fulfillment of obligations. “Beneficiary” is the User in whose favor funds are deposited in the escrow account and who has the right to receive them upon the occurrence of payment conditions. “KYC” (Know Your Customer) is a procedure for identifying and verifying the User’s identity in accordance with the requirements of the Law of the Republic of Kazakhstan dated August 28, 2009 No. 191-IV “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” (hereinafter referred to as the “AML/CFT Law”). “Transaction” is an operation to transfer, credit, write off or deposit funds (electronic money) performed on the Platform. “Personal Account” is the User’s personal section on the Platform, containing information about his account, Wallet, transactions and escrow accounts. “Tariffs” - the amount of the Operator’s remuneration for the provision of services, published on the Platform and which is an integral part of this Agreement.
3. SUBJECT OF THE AGREEMENT 3.1. The Operator undertakes to provide the User with access to the Platform and provide the following services: opening and maintaining the User’s electronic wallet; acceptance, storage and payment of electronic money; carrying out payment transactions (transfers between Users, payment for goods and services); provision of escrow services - conditional deposit of funds (electronic money) in an escrow account until certain conditions are met; Information services for the User (statements, notifications, transaction history). 3.2. The User undertakes to comply with the terms of this Agreement, timely and in full to pay for the Operator’s services in accordance with the current Tariffs. 3.3. The Operator’s services are provided exclusively within the framework of the current legislation of the Republic of Kazakhstan, including the Law on Payments, the Law on AML/CFT and the regulations of the National Bank of the Republic of Kazakhstan and the ARRFR.
4. USER REGISTRATION AND IDENTIFICATION 4.1. To gain access to the services of the Platform, the User must go through the registration procedure, which includes: providing reliable personal data (last name, first name, patronymic, IIN/BIN, contact phone number, email address); creation of unique credentials (login and password); confirmation of telephone number and/or email address. 4.2. After registration, the User is required to undergo an identification procedure (KYC) in accordance with the requirements of the AML/CFT Law. Levels of identification: 4.2.1. Simplified identification - verification of an identity document through government databases; provides access to a limited list of transactions with established limits. 4.2.2. Full identification - extended identity verification using biometric identification, video verification and/or other means provided by law; provides access to the full list of Platform services. 4.2.3. Enhanced Due Diligence (EDD) - additional verification for transactions subject to enhanced monitoring in accordance with the AML/CFT Law, including in relation to public officials (PEP), non-residents, large transactions. 4.3. Identification of legal entities includes verification of documents on state registration, information about founders and beneficial owners, as well as representatives of the legal entity. 4.4. The Operator has the right to request additional documents and information to confirm the User’s identity, the source of funds and the purposes of the transactions performed. 4.5. The Operator has the right to refuse registration or limit the functionality of the account without giving reasons if there are grounds to believe that the data provided is unreliable or that the User may use the Platform for illegal purposes.
5. ELECTRONIC WALLET AND PAYMENT OPERATIONS 5.1. After passing the identification, the User opens an electronic wallet in Kazakhstani tenge (KZT). Opening wallets in other currencies is carried out with the appropriate permission from the National Bank of the Republic of Kazakhstan. 5.2. Replenishment of the Wallet is carried out in the following ways: by bank transfer from the User’s bank account; using payment cards (Visa, Mastercard, national payment system); through payment terminals and other acceptable replenishment channels; transfer from another Platform User. 5.3. Withdrawal of funds from the Wallet is carried out to the User’s bank account opened in a second-tier bank of the Republic of Kazakhstan, or by other methods provided by the Platform. 5.4. The Operator sets limits on operations depending on the level of identification of the User: 5.4.1. With simplified identification: the maximum balance on the Wallet is no more than 100 (one hundred) monthly calculation indices (MCI); the total volume of transactions per month is no more than 200 (two hundred) MCI. 5.4.2. With full identification: limits are set by the Operator in accordance with current legislation and published in the Tariffs. 5.5. The Operator is obliged to ensure that funds are credited to the Wallet no later than the next business day after receiving confirmation from the issuing bank or payment system. 5.6. The User is obliged to ensure that there are sufficient funds in the Wallet to carry out transactions. Operations with insufficient funds are rejected automatically.
6. ESCROW SERVICES 6.1. Escrow services are provided by the Operator as an independent intermediary, ensuring the conditional deposit of funds (electronic money) in the escrow account until the conditions agreed upon by the Depositor and the Beneficiary occur. 6.2. Procedure for provision of escrow services: 6.2.1. The Depositor and the Beneficiary agree on the terms of the transaction on the Platform, including: the subject of the transaction, the amount, the execution period, the terms of payment to the Beneficiary and the terms of return to the Depositor. 6.2.2. The depositor transfers funds (electronic money) to the escrow account. Funds are blocked and unavailable for use by either the Depositor or the Beneficiary until the payment conditions occur. 6.2.3. When payment conditions are met (confirmation of fulfillment of obligations), the Operator transfers funds from the escrow account to the Beneficiary minus the Operator's commission. 6.2.4. Upon the occurrence of return conditions (failure to fulfill obligations by the Beneficiary, expiration of the period, mutual agreement of the parties), the Operator returns the funds to the Depositor minus the Operator's commission (if applicable). 6.3. Confirmation of fulfillment of the conditions is carried out: by the Depositor - by confirmation in the Personal Account; automatically - upon expiration of the verification period, if the Depositor has not raised any objections; By the operator - based on documentary evidence provided by the parties in case of a dispute. 6.4. The Operator is not a party to the transaction between the Depositor and the Beneficiary and is not responsible for the quality, quantity, completeness of goods (work, services) that are the subject of the transaction. 6.5. The operator has the right to block funds in the escrow account upon receipt of an order from a government agency, court, or if there is reasonable suspicion of fraud or money laundering. 6.6. The maximum period for storing funds on an e-crow account is 180 (one hundred and eighty) calendar days, unless otherwise agreed by the parties and does not contradict the law. Upon expiration of the period, unclaimed funds are returned to the Depositor.
7. PROCEDURE FOR RESOLUTION OF DISPUTES REGARDING ESCROW OPERATIONS 7.1. In the event of a disagreement between the Depositor and the Beneficiary regarding the fulfillment of the terms of the transaction, the parties are obliged to attempt to resolve the dispute through the Platform within 10 (ten) business days. 7.2. The party initiating the dispute submits an application through the Personal Account with supporting documents attached. 7.3. The operator reviews the application and provided documents within 15 (fifteen) working days. The operator has the right to request additional documents from the parties. 7.4. Based on the results of the dispute consideration, the Operator makes one of the following decisions: transfer funds to the Beneficiary (upon confirmation of fulfillment of the conditions); return funds to the Depositor (upon confirmation of non-compliance with the conditions); refer the parties to mediation or to court - if it is impossible to resolve the dispute based on the submitted documents. 7.5. The Operator’s decision on a dispute does not deprive the parties of the right to go to court in accordance with the legislation of the Republic of Kazakhstan.
8. RATES AND OPERATOR REMUNERATION 8.1. The Operator's remuneration for the provision of services is determined by the Tariffs published on the Platform. Tariffs are an integral part of this Agreement. 8.2. The Operator has the right to change the Tariffs unilaterally by notifying the User at least 15 (fifteen) calendar days before the changes come into force by publishing on the Platform and/or sending a notification to the User’s email address. 8.3. Continued use of the Platform services after the entry into force of the amended Tariffs means the User’s consent to the new conditions. 8.4. The commission for escrow services is deducted from the amount of payment to the Beneficiary or, in the case of a return, from the amount of return to the Depositor (if provided for in the Tariffs and conditions of a specific escrow transaction). 8.5. All payments under this Agreement are made in Kazakhstani tenge (KZT), unless otherwise provided by a separate agreement of the parties.
9. RIGHTS AND OBLIGATIONS OF THE OPERATOR 9.1. The Operator is obliged to: ensure uninterrupted operation of the Platform, except for periods of scheduled maintenance and force majeure circumstances; ensure the safety of funds (electronic money) of Users in accordance with the requirements of the Law on Payments; ensure the protection of personal data of Users in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V “On personal data and their protection”; promptly inform the User about completed transactions, changes in the terms of service, changes in Tariffs; consider requests and complaints from Users within the time limits established by this Agreement; comply with the requirements of the AML/CFT Law, monitor transactions and report suspicious transactions to the authorized body; store information about Users’ transactions for the period established by the legislation of the Republic of Kazakhstan (at least 5 years). 9.2. The Operator has the right to: suspend or limit the provision of services to the User if there are grounds provided for in this Agreement and the law; request additional documents and information from the User as part of KYC procedures and transaction monitoring; make changes to the functionality of the Platform and the terms of this Agreement; refuse to carry out a transaction if there is reasonable suspicion of fraud, money laundering or terrorist financing; block the User's account as directed by authorized government bodies.
10. RIGHTS AND OBLIGATIONS OF THE USER 10.1. The user is obliged to: provide reliable and up-to-date personal data; immediately inform the Operator about changes in such data; do not transfer your credentials to third parties (login, password, PIN code, one-time passwords); use the Platform solely for lawful purposes; pay for the Operator’s services in a timely manner in accordance with the Tariffs; immediately notify the Operator of unauthorized access to your account or suspicious transactions; ensure the security of your devices used to access the Platform; comply with the requirements of this Agreement and the current legislation of the Republic of Kazakhstan. 10.2. The User has the right to: use the services of the Platform within the functionality corresponding to his level of identification; receive information about completed transactions, the status of the Wallet and escrow accounts; submit appeals, complaints and claims to the Operator; terminate this Agreement in the manner provided for in Section 15.
11. ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM 11.1. The operator carries out internal control in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism in accordance with the AML/CFT Law. 11.2. The User is obliged to provide, at the request of the Operator, information about the source of funds, the purposes and nature of the business relationship, and beneficial owners (for legal entities). 11.3. The operator monitors transactions and has the right to: delay the execution of suspicious transactions for additional verification; send reports of suspicious transactions to the Financial Monitoring Committee of the Ministry of Finance of the Republic of Kazakhstan; freeze funds in the Wallet and/or escrow account as prescribed by authorized authorities; terminate the Agreement unilaterally if facts of using the Platform for illegal activities are revealed. 11.4. The Operator checks Users against sanctions lists, including the lists of the UN Security Council, national sanctions lists of the Republic of Kazakhstan, as well as other applicable sanctions lists. 11.5. The operator stores information about clients and their transactions for at least 5 (five) years after the termination of business relations in accordance with Article 13 of the AML/CFT Law.
12. RESTRICTIONS, SUSPENSION AND BLOCKING 12.1. The Operator has the right to suspend the provision of services, limit the functionality of the Wallet or block the User's account in the following cases: violation by the User of the terms of this Agreement; n provision of knowingly false or unreliable data; suspicion of fraud, money laundering, terrorist financing; obtaining an order from an authorized government agency or court; repeated attempts at unauthorized access; using the Platform for activities prohibited by law; refusal of the User to undergo re-identification at the request of the Operator. 12.2. The Operator notifies the User of suspension or blocking within 1 (one) business day, unless such notification contradicts the requirements of the AML/CFT Law. 12.3. The blocking is removed after the circumstances that served as the basis for its imposition have been eliminated, and (or) by decision of the Operator.
13. RESPONSIBILITY OF THE PARTY 13.1. The parties are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the legislation of the Republic of Kazakhstan. 13.2. The Operator is responsible for: losses of the User caused as a result of improper fulfillment by the Operator of its obligations to transfer funds - within the amount of the transaction; loss or damage to data caused by the Operator; violation of the confidentiality of personal data that occurred through the fault of the Operator. 13.3. The Operator is not responsible for: losses incurred as a result of the User transferring credentials to third parties; actions (inaction) of third parties, including banks, payment systems, Internet providers; quality of goods (works, services) that are the subject of a transaction between the Depositor and the Beneficiary; impossibility of providing services due to force majeure circumstances; actions taken by the Operator in accordance with the requirements of the law, including the AML/CFT Law; indirect losses and lost profits of the User. 13.4. The total liability of the Operator under this Agreement is in any case limited to the amount of fees paid by the User for the last 12 (twelve) months preceding the event giving rise to the claim. 13.5. The user is responsible for the accuracy of the data provided, the safety of credentials, as well as for all operations performed using his account.
14. PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY 14.1. The Operator collects, processes and stores the User’s personal data in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V “On Personal Data and Their Protection”. 14.2. Personal data is processed solely for the purposes of: fulfilling obligations under this Agreement; compliance with legal requirements, including in the field of software A/CFT; ensuring the security of the Platform and preventing fraudulent transactions; improving the quality of services provided. 14.3. The operator takes organizational and technical measures to protect personal data from unauthorized access, destruction, modification, blocking, copying and distribution. 14.4. The Operator has the right to transfer personal data to third parties only in the following cases: with the consent of the User; at the request of authorized state bodies in the manner established by law; in order to fulfill obligations under this Agreement (payment systems, partner banks, subcontractors - to the minimum required extent). 14.5. The User consents to the cross-border transfer of personal data to countries that provide an adequate level of protection of personal data, in cases necessary for the provision of Platform services.
15. TERM, CHANGE AND TERMINATION OF THE AGREEMENT 15.1. This Agreement comes into force from the moment of its acceptance by the User and is valid for an indefinite period. 15.2. The Operator has the right to make changes and additions to this Agreement unilaterally by notifying the User at least 15 (fifteen) calendar days before the changes come into force by posting a new version of the Agreement on the Platform. 15.3. Continued use of the Platform after the changes come into force means the User agrees with the new version of the Agreement. 15.4. The User has the right to terminate the Agreement unilaterally by sending notice through the Personal Account at least 30 (thirty) calendar days in advance. Before termination, the User is obliged to: complete all unclosed escrow transactions or wait for their completion; withdraw the remaining funds from the Wallet to your bank account. 15.5. The Operator has the right to terminate the Agreement unilaterally in the following cases: systematic violation by the User of the terms of the Agreement; identification of facts of use of the Platform for illegal activities; as prescribed by the authorized government body; in other cases provided for by law. 15.6. Upon termination of the Agreement, the Operator is obliged to ensure the return of the balance of funds in the User’s Wallet (minus the debt on commissions) within 30 (thirty) working days. 15.7. Termination of the Agreement does not relieve the parties from fulfilling obligations that arose before the moment of termination.
16. INTELLECTUAL PROPERTY 16.1. All exclusive rights to the Platform, including software, design, trademarks, databases, belong to the Operator or its licensors. 16.2. The User is granted a non-exclusive, non-transferable right to use the Platform for the purposes provided for in this Agreement for the period of its validity. 16.3. The User is prohibited from copying, modifying, decompiling, or reverse engineering the Platform or its components.
17. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE) 17.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if it is caused by force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the parties could not foresee or prevent by reasonable measures. 17.2. Force majeure circumstances include, but are not limited to: natural disasters, epidemics, military actions, acts of terrorism, strikes, the adoption of regulations that make the fulfillment of obligations impossible, as well as failures in the operation of international payment systems and telecommunication networks that are beyond the control of the Operator. 17.3. Party a, for which force majeure circumstances have occurred, is obliged to notify the other party within 5 (five) working days.
18. PROCEDURE FOR CONSIDERATION OF CLAIMS AND RESOLUTION OF DISPUTES 18.1. All claims of the User are sent to the Operator through the Personal Account, by email or to the Operator's postal address. 18.2. The operator is obliged to consider the complaint and send a reasoned response within 15 (fifteen) working days from the date of its receipt. The review period may be extended to 30 (thirty) working days if additional information is necessary. 18.3. If it is impossible to resolve the dispute pre-trial, the dispute is subject to consideration in court at the location of the Operator in accordance with the legislation of the Republic of Kazakhstan. 18.4. An individual user also has the right to file a complaint with the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market (ARFRFR) or the Commissioner for the Rights of Consumers of Financial Services (Financial Ombudsman) in the manner established by the Law of the Republic of Kazakhstan dated January 12, 2007 No. 221-III “On the Protection of Consumer Rights”.
19. FINAL PROVISIONS 19.1. This Agreement is drawn up in Russian and Kazakh languages. In case of discrepancy, the text in Russian shall prevail. 19.2. The legislation of the Republic of Kazakhstan is applied to the relations of the parties not regulated by this Agreement. 19.3. If any provision of this Agreement is declared invalid or unenforceable, this does not affect the validity of the remaining provisions of the Agreement. 19.4. All notices and communications under this Agreement are sent through your Personal Account, email or registered mail with return receipt requested. 19.5. The User confirms that before accepting this offer, he has read all the terms of the Agreement, understands them and accepts them in full. 20. OPERATOR DETAILS Client’s name – LLP " EvoPay " IIN/BIN – 240440034473 KBE – 17 Account number/IIC – KZ37914032203KZ025AZ Currency – KZT Bank – JSC Bereke Bank (SB Lesha Bank LLC (Public)) Branch of the bank – Branch of JSC Bereke Bank (SB Lesha Bank LLC (Public)) in Atyrau region BIC bank – BRKEKZKA