Private Institution "Fizmat Academy" (hereinafter referred to as the "Contractor") provides services and performs work in accordance with this Agreement (hereinafter referred to as the "Agreement", "Offer Agreement" or "Offer"), who applied for the provision of services and performance of work (hereinafter referred to as "Customer").

In particular, the publication (placement) of the text of a public agreement on the official website of the company is a public offer (offer) of the company addressed to a wide range of people in order to provide certain types of services (Article 395 of the Civil Code of the Republic of Kazakhstan).

The fact of acceptance (acceptance) by the Consumer of the terms of this Agreement is the payment by the Consumer for the Services ordered by him in the manner and on the conditions determined by this Agreement (Article 396 clause 3 of the Civil Code of the Republic of Kazakhstan).

 

DEFINITIONS USED IN THIS OFFER AGREEMENT

The terms and definitions used in this Offer Agreement, unless the context clearly implies otherwise, or it is not specifically established otherwise, are used in the following meaning:

Offer - this document "Public Offer Agreement for the Provision of Services and Performance of Works of the Private Institution "Fizmat Academy ".

 

Offer acceptance - full and unconditional acceptance of the offer by the Customer taking the actions provided for in this offer. The acceptance of an offer creates an offer agreement.

Offer agreement - an agreement between the Contractor and the Customer for the provision of services, which is concluded through the acceptance of the offer.

Contractor - PI "Fizmat Academy", BIN: 190940000099, Legal address: 010000, Nur-Sultan, st. Amangeldi Imanova, 41. Phone: +7 (701) 963 23 12.

The Contractor's website is a set of information resources of the Contractor available via the Internet. Links to all resources available through the Contractor's Website mentioned in the Agreement are located at https://www.femo.kz

Customer - an individual or legal entity who has accepted the offer, and is thus the Customer of the Contractor's services under the concluded Offer Agreement. and got access to the information services of the femo.kz portals.

The access code to femo.kz is a program code that allows you to receive the services of the Contractor on websites.

Services - provision of various information and Internet services, online and information services provided by the private institution "Fizmat Academy", access to which is provided on the domains femo.kz.

Service management system is an automated system of the Contractor designed for registering users, ordering services, managing services, accounting for services rendered. Access to the Service Management System is carried out through the Contractor's Website.

Personal account is a grouped set of records in the Service Management System, reflecting the receipt and write-off of the Customer's funds, expressed in units of account.

Pricelist - a document accepted and changed by the Contractor in the manner prescribed by the Agreement, and containing information about the types of services provided by the Contractor and the order of their order and cost. The Contractor has the right to form separate Price Lists for different categories of services and / or consumers.

Unit of account - the unit of service tariffication; Kazakhstani tenge can be used as a unit of account.

Operation - an action of the Customer (ordered action of the service) using the service, which involves the withdrawal of funds from the Customer's personal account, if making a payment is a necessary condition for the provision of the service.

Rendered service - a service rendered to the Customer, according to which an act on the provision of services has been drawn up. Authorization - obtaining access by the Customer to the service management system by entering a login

and password.

Blocking an account - suspension of all services provided by the Contractor on the account, by refusing to conduct operations.

 

  1. THE SUBJECT OF THE AGREEMENT

1.1. This Offer Agreement determines the procedure for the provision of services to individuals and legal entities (Customers) (hereinafter referred to as the "Services"), and also establishes the mutual rights and obligations of the Parties participating in this

Agreement.

1.2. The Parties agree that the Services provided in accordance with this Agreement are provided in the form provided for by this Agreement, i.e. without any guarantees and obligations on the part of the Contractor in case of impossibility to provide the Services or interruptions in the provision of the Services (delays, failures, safety and reliability of the delivery of correspondence, etc.).

1.3. The list of services and works that can be provided (performed) by the Contractor under the Agreement, and their essential characteristics are published on the Contractor's Website.

1.4. The provision of services and performance of work is carried out in accordance with the legislation

Republic of Kazakhstan.

1.5. The Contractor confirms that he has all the rights to provide access to services.

1.6. The services provided by the Contractor are designed to provide telephone contact between the Customer and potential customers by providing additional functionality compared to standard web interfaces. All information received by the Customer is a recommendation, and the Contractor is not responsible for decisions made on the basis of this data.

1.7. All information posted by the Customer is stored on the Contractor's server, and the Customer agrees to post information by joining this agreement.

1.8. All results of access to services cannot be transferred to persons who have not received appropriate permits for this from the competent authorities and third parties in accordance with the established rules and the current legislation of the Republic of Kazakhstan.

 

  1. Elimination of terms

2.1. All terms for the purposes of the Agreement are determined by the time of the city of Nur-Sultan. Working days are determined in accordance with the official calendar of a five-day working week with weekends on Saturday and Sunday.

2.2. To determine the time of events, the time readings stored by the Contractor's System are used.

 

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Rights and obligations of the Customer:

3.1.1. The customer undertakes to comply with the terms of this Agreement.

3.1.2. The customer agrees not to take any action aimed at undermining network security or disrupting the operation of the software and hardware of this website.

3.1.3. The customer undertakes not to use the services to disseminate information, the content of which is contrary to the norms of national and international law.

3.1.4. The customer undertakes to pay in the amount and within the time specified on the payment page of the femo.kz sites or according to the invoice.

3.1.6. The customer confirms his agreement with the prices published in the personal account and on the femo.kz websites, including if they are changed by the Contractor. Changes come into effect from the moment they are published on femo.kz sites.

3.1.7. The customer has the right to terminate the contract by sending an official request to the postal address of the Contractor and to the email address of the Contractor This email address is being protected from spambots. You need JavaScript enabled to view it. with the subject “Termination of the contract”.

3.1.8. Use the results obtained for purposes that do not contradict the current legislation and the terms of this offer.

3.1.9. The customer can change individual parameters of the service provided (including ordering additional services). At the same time, the Price List determines whether such changes in parameters are included in the main service, or whether they are additional services provided for a separate fee for access to the Contractor's services, as well as provide other services and perform work related to the Customer's educational services.

3.1.10. Services can be ordered and managed through the Courses section by the Customer submitting applications.

 

  1. PAYMENT PROCEDURE

4.1. To account for settlements with the Customer, the Contractor opens one or more Personal Accounts for the Customer in the Service Management System. When ordering a service, the Customer specifies a Personal Account on which settlements for this service will be recorded.

4.2. The Customer can return unused funds from the Personal Account upon a written request from the Customer (original written document, with payment details, signature and seal of the Customer) to his tenge account in a Kazakhstan bank. Refunds are made within 20 business days after receiving the application.

4.3. The Contractor accepts payments in the form of non-cash transfers in Kazakhstani tenge to the Contractor's bank account, the details of which are specified in clause 11 of this Agreement.

4.4. The Contractor has the right to accept payments in a different form in accordance with the rules for accepting payments posted on the Contractor's Website. By making a payment in the appropriate form, the Customer agrees to these rules in the version that is in effect at the time of the payment. The rules, in particular, can establish the need for additional documents for making payments, determine the timing of crediting payments and the specifics of recalculating the transferred funds into units of account, etc.

4.5. The provision of services by the Contractor is carried out after 100% prepayment by the Customer of the amount for the selected tariff according to the Price List. The Customer makes payments according to the details specified in clause 11 of this Agreement, or on the basis of invoices issued by the Contractor.

4.6. The Customer's payment documents for the transfer of funds to the Contractor must contain in the purpose of payment the number of the Personal account to which the funds are to be credited, or the number of the account on the basis of which the payment is made. In cases where the transfer is made for the Customer by third parties, the payment document must additionally contain an indication that the payment is being made for the Customer (indicating his exact name).

4.7. The prices of services are determined by the Pricelists. The service price may consist of a fixed (subscription) fee and / or payment for actually consumed resources, which is determined based on the data of the Service Management System.

4.8. If the Customer refuses the service before the start date of its provision, the funds debited from the Personal Account for the service will not be returned.

  1. PROCEDURE FOR REGISTRATION OF DOCUMENTS

5.1. Services are considered to be provided in the accounting period in which the actual provision of the service ended. For continuous services rendered continuously over several accounting periods, at the request of the Customer for the purposes of document flow, intermediate dates for the provision of the service are established - the last day of each accounting period in which the service was provided. The default period for the provision of services is the date determined by the Contractor.

5.2. If during the accounting period the Contractor provided services to the Customer, then on the last day of the accounting period the Contractor draws up an act on the provision of services and sends it to the Customer by e-mail within five days. The customer has the right to state his objections to it in writing within five days from the date of sending the act. Otherwise, the act is considered approved.

5.3. At the request of the Customer, the act and, in established cases, the invoice are sent by mail.

5.4. If there are separate personal accounts, accounting documents are drawn up taking into account the entire set of personal accounts.

5.5. The Contractor does not provide the Customers with the originals of the Offer Agreements signed by the Contractor for the provision of services and performance of work.

 

  1. CORRESPONDENCE

6.1. Except for the cases explicitly provided for by this Agreement or descriptions of services, messages (notifications, notifications) are sent by the parties by e-mail. In this case, the Customer must send messages (notifications, notices) to the address:

This email address is being protected from spambots. You need JavaScript enabled to view it. - on settlements under the Agreement; on the provision of services.

6.2. The Contractor places messages (notifications, notifications) on the website, and also sends them to the Customer's email address specified by him in the Service Management System. The Customer is obliged to regularly (at least once a week) check the availability of messages (notifications, notifications) addressed to him in the Service Management System, as well as ensure the relevance of the information about the e-mail address in the Service Management System and the availability of the mailbox.

 

  1. PROCEDURE FOR RESOLUTION OF DISPUTES AND RESPONSIBILITIES OF THE PARTIES

7.1. The Contractor is completely released from liability for the inability to use the Services or poor quality provision of the Services.

7.2. The Contractor is completely released from liability for full or partial failure to fulfill its obligations or damage caused to other websites of the Customers under this Offer Agreement, if the failure to fulfill or improper performance or damage caused is a consequence of force majeure circumstances of a man-made nature, namely: an accident (failure at work) in power electrical or computer networks or other electrical communication systems used for the functioning of femo.kz or other websites.

7.3. The Contractor is released from liability in the event of complete or partial loss of the Customer's information, if such loss was caused by deliberate or careless actions of the Customer himself (removal of the Customer's objects and orders, etc.).

7.5. The Contractor is not responsible for the accuracy of information or advertising materials, or their compliance with the wishes or needs of the Customer, as well as for any damage or loss of profits, both of the Customer and any third parties, even if this was the result of the use or inability to use the Services.

7.6. The Contractor is not responsible for the quality, content and consequences of using any resources, links to which the Customer received on femo.kz, or as a result of the provision of the Services.

7.7. The Customer acknowledges and agrees that the Services of PI "Fizmat Academy", information materials published by PI "Fizmat Academy" and its partners, computer programs used to provide the Services, and the design of the portal are protected by acts of international legislation in force in this area.

7.8. The use and citation of these materials is allowed only with reference to femo.kz and partners who provided the specified materials

7.9. The Contractor, while taking measures to ensure the quality and continuity of the provision of services, however, cannot guarantee the absence of errors in the software used for the provision of services, its absolute protection from computer viruses, etc. Unless otherwise established by a special agreement between the Contractor and By the customer, the services cannot be used in situations where an interruption in the provision of services threatens human life or may lead to a serious accident.

The Contractor is not responsible for failures in telecommunication networks that are not under the control of the Contractor.

7.10. The Customer is fully responsible for storing the passwords for accessing the Contractor's services, and for material damage resulting from the loss of passwords through the Customer's fault.

7.11. The customer is responsible for the consequences of his decisions and actions that he takes based on the recommendations provided to him by the service. Failure to comply with the terms of the offer of third parties (ad networks) may lead to the fact that the Customer may be liable to third parties and the Contractor at the same time.

7.12. The aggregate liability of the Contractor for any claim or claim in relation to the Offer Agreement or its execution is limited to the amount that is on the Customer's Account at the time of such claim or claim.

7.13. The service provider is released from liability for violation of the terms of the Offer Agreement if such violation is caused by force majeure circumstances (force majeure), including: fire, flood, earthquake, other acts of God, lack of electricity and / or computer network operation, strikes, actions of the authorities state authorities, riots, any other circumstances, not limited to those listed above, that may affect the performance by the Service Provider of its obligations under the Offer Agreement and beyond the control of the Service Provider.

 

  1. VALIDITY AND PROCEDURE FOR CHANGING AND TERMINATION OF THE OFFER AGREEMENT

8.1. The Agreement enters into force from the moment of its acceptance by the Customer by performing actions indicating the Customer's agreement with the Agreement (registration on the Contractor's website femo.kz, ordering the Contractor's services, payment to the Contractor, etc.) and is valid until the services are provided.

8.2. The customer has the right to terminate the Agreement at any time.

8.3. The Agreement may be terminated by the Contractor, with the notification of the Customer at least one week before the expected date of termination, if the Contractor has not provided services to the Customer within the framework of the Agreement within a month.

8.4. The price lists can be changed by the Contractor unilaterally. The Contractor notifies the Customer of the changes in accordance with the procedure established by the Agreement, while the changes come into force from the date of their publication on the website.

8.5. The Contractor has the right to introduce a new standard form of a service agreement and offer the Customer to conclude an agreement on a new standard form.

8.6. The contract is considered renegotiated in a new form, in particular, if the Customer has not refused the services of the Contractor.

8.7. The process of termination of the Agreement ends after the provision of previously ordered services and upon completion of all settlements of the parties.

8.9. The notice of termination of the Agreement must be sent in writing.

 

  1. CONSENT TO THE PROCESSING OF PERSONAL DATA

By this Appendix, the Parties have agreed with the following provisions on the processing of personal data provided by the Customer to the Contractor in order to execute the Agreement.

9.1. The processing of personal data of the Customer (subject of personal data) means the actions (operations) of the Contractor with personal data, including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking, destruction of personal data.

9.2. The purpose of the provision of personal data by the Customer and their subsequent processing by the Contractor is the receipt by the Customer of the Contractor's services. This Consent is valid for the term of the Agreement and at least three years from the date of termination of the Agreement.

9.3. The conclusion of this Appendix is ​​recognized by the Parties as the Customer's consent to the processing of the following personal data: last name, first name, patronymic; mailing addresses (at the place of registration and for contacts); phone numbers; e-mail addresses (E-mail). Upon completion of the processing of the Customer's personal data, the Contractor, upon expiration of the storage periods for documents containing personal data provided for by the current legislation, ensures their destruction.

9.4. The Customer, in order to execute this Agreement, grants the Contractor the right to carry out the following actions (operations) with personal data: collection and accumulation; storage during the term of the Agreement and not less than the storage periods established by regulatory documents, but not less than three years from the date of termination of the Agreement; clarification (update, change); using; destruction; depersonalization; transfer, incl. cross-border, to third parties in compliance with measures to ensure the protection of personal data from unauthorized access. If the Contractor believes that the measures taken by him cannot provide full protection of personal data during transmission, incl. cross-border, the Customer agrees that his personal data will be transferred in an impersonal form, if this does not entail the inoperability of the Customer's services.

9.5. Withdrawal of consent to the processing of personal data can be carried out by sending a corresponding order in a simple written form to the Contractor by the Customer. At the same time, the Customer agrees that such a withdrawal may lead to the end of the provision of services by the Contractor to the Customer.

 

  1. FINAL PROVISIONS

10.1. In the event that any of the terms of this Offer Agreement becomes invalid, is recognized as illegal and whether it will be excluded from this Offer Agreement, this does not entail the invalidity of the remaining terms of this Offer Agreement, which will remain in force and are binding by all Parties.

10.2. All issues not regulated by this Offer Agreement are resolved in accordance with the current regulatory acts of international law and the local regulatory documents of the Contractor, subject to their compliance with the applicable acts of international law. 

 

  1. DETAILS OF THE CONTRACTOR

PI "Fizmat Academy"

Address: Republic of Kazakhstan, 010000, Nur-Sultan, Amangeldi Imanov, house 41, office 436

BIN: 190940000099

IIC: KZ43722S000002576067

in JSC "Kaspi Bank"

BIC: CASPKZKA

Tel: 8 701 963 23 12

CEO A.Altybayev