PUBLIC OFFER AGREEMENT for the Provision of Services
City of Astana
This Public Offer Agreement in accordance with the Civil Code of the Republic of Kazakhstan (hereinafter – “CC RK”) is an official offer (public offer) by Limited Liability Partnership “GPI-Lab” (hereinafter – “Contractor”), represented by Director Yakyupbaeva Yulia Konstantinovna, acting on the basis of the Charter, whereby the Contractor offers to enter into a Service Provision Agreement under the terms specified in this offer with any person who responds, i.e., with any adult capable individual.
For the purposes of this Public Offer Agreement, the following terms have the following definitions:
1.1. Offer – a public proposal by the Contractor addressed to any person who responds, i.e., to an adult capable individual, to enter into a Service Provision Agreement (hereinafter – “Agreement”) on the existing terms contained in the Agreement and in the Questionnaire. This proposal contains all essential terms, i.e., terms regarding the subject of the Agreement, terms recognized as essential by law or necessary for the Agreement, as well as terms for which, at the Contractor’s request, an agreement must be reached.
1.2. Customer – any adult capable individual who has entered into an Agreement with the Contractor under the terms contained in the Agreement by accepting the Offer and/or has approached the Contractor with the intention to enter into the said Agreement.
1.3. Acceptance – full and unconditional acceptance by the Customer of the terms of the Agreement specified in this Offer. By accepting the Offer, the Customer guarantees that they have been acquainted with, agree to, and fully and unconditionally accept all terms of the Agreement as set forth in the text of the Offer.
1.4. Services – services provided by the Contractor in accordance with the Customer’s Request, provided on the territory of the Republic of Kazakhstan, according to the list of courses presented on the Contractor’s Website, aimed at the Customer acquiring additional knowledge and skills in accordance with the terms of the selected and paid training program by the Customer in the manner and under the conditions provided for in the Offer/Agreement.
1.5. Order/Questionnaire – the Customer’s instruction, which is an integral part of the Agreement/Offer, containing separate items from the list of Services specified by the Customer when placing an Order/Questionnaire on the Contractor’s Website.
1.6. Parties – the parties to the Agreement/Offer are collectively the Contractor and the Customer.
1.7. Website – the official internet resource of the Contractor http://www.gpi.kz, as well as derivative web pages included in its composition.
1.8. Personal Data – information relating to an identified or identifiable natural person, recorded on an electronic, paper, and/or other material medium.
1.9. Data Subject (hereinafter – “Subject”) – a specific or identifiable natural person to whom Personal Data relates.
1.10. Personal Data Processing – actions aimed at the accumulation, storage, alteration, supplementation, use, dissemination, anonymization, blocking, and destruction of Personal Data.
1.11. Personal Data Collection – actions aimed at obtaining Personal Data.
1.12. Cross-border Transfer of Personal Data – transfer of Personal Data to the territory of foreign states.
In the Agreement, terms not defined in this Section may be used. In the absence of an unambiguous interpretation of a term in the text of the Agreement/Offer, the interpretation used on the Contractor’s Website and/or in the legislation of the Republic of Kazakhstan shall prevail.
2.1. The Contractor publishes this Offer on the Contractor’s Website. The list of Services is presented on the Contractor’s Website.
2.2. In accordance with paragraph 5 of Article 395 of the CC RK, this offer is addressed to any adult capable individual and constitutes a public offer. In the event of acceptance of the conditions outlined below, the Customer making Acceptance of this Offer makes payment for the Contractor’s Services in accordance with the terms of the Agreement/Offer. In accordance with paragraph 3 of Article 396 of the CC RK, the Customer’s payment for the Service is considered Acceptance of the Offer, which is equivalent to concluding the Agreement on the terms set out in the Offer. The Customer agrees that the Acceptance of the Offer, made in accordance with this paragraph, creates an Agreement on the terms of the Offer.
2.3. The conditions for the provision of Services defined in this Agreement/Offer may be accepted by the Customer only by acceding to this Agreement/Offer in its entirety by accepting the Contractor’s proposal.
2.4. When the Customer makes Acceptance, it is considered that:
2.5. By making Acceptance, it is considered that the Customer has read the text of the Offer/Agreement and agrees with the terms of the Offer/Agreement for the acquisition of Services provided by the Contractor.
3.1. The Contractor undertakes to provide Services in accordance with the terms selected by the Customer, published on the Contractor’s Website, and the Customer undertakes to pay for and accept the Services provided in accordance with the terms of this Agreement.
3.2. The Customer selects the necessary Service in accordance with the Contractor’s offered requests, pricing regulations, and other conditions specified on the Contractor’s Website. Relevant conditions, including the subject, name of the Service, term, form and procedure for providing Services, and other characteristics, as well as their cost, are indicated on the Contractor’s Website in open access.
3.3. This Agreement is an integral part of the Offer.
3.4. Services are provided by the Contractor in accordance with the Application/Questionnaire developed/prepared by the Contractor, based on the information provided by the Customer for the purpose of the Contractor providing Services.
4.1. The Order/Questionnaire for Services is placed by the Customer through the Contractor’s Website/Platform.
4.2. To receive the Service, the Customer must register on the Contractor’s Website/Platform.
4.3. Until the moment of registration, the Customer must familiarize themselves with the terms of this Agreement/Offer. In case of disagreement with the terms set out in this Agreement/Offer, the Customer must not proceed with registration on the Contractor’s Website and must not receive any Services provided by the Contractor.
4.4. Upon registration on the Contractor’s Website, the Customer agrees to provide the following registration information:
4.5. The process of the Customer accepting the terms of this Agreement/Offer is carried out by the Customer entering the required and other data into the registration form on the Contractor’s Website. The Customer has the right to edit their registration information. The Contractor undertakes not to disclose the Customer’s data provided during registration on the Contractor’s Website and when placing an Order/Questionnaire to persons unrelated to the provision of Services.
4.6. The registration form/registration information filled out by the Customer on the Contractor’s Website is an integral part of this Agreement.
4.7. The Contractor is not responsible for the content and accuracy of the information provided by the Customer when placing the Order.
4.8. The Customer is responsible for the content and accuracy of the information provided when placing the Order.
4.9. Payment by the Customer for an Order/Service independently placed on the Website means the Customer’s agreement to the terms of this Agreement/Offer and the terms of providing Services specified on the Contractor’s Website. The date of payment for the Order/Service is considered the date of concluding the Agreement between the Contractor and the Customer.
4.10. All informational materials presented on the Contractor’s Website are for reference purposes only and cannot fully convey accurate information about certain properties and characteristics of the Services. If the Customer has questions regarding the properties and characteristics of the Services, they must consult the Contractor before placing the Order.
5.1. The Consultant provides the Customer with Services in any form that the Contractor deems necessary and sufficient for proper performance of the Contractor’s obligations under this Agreement. At the same time, the results of the Consultant’s Services and completed tasks must contain subject matter, complete, accurate, and easily understandable information for the Customer’s representatives.
5.2. Services are provided by the Contractor after receiving the Customer’s Questionnaire data in accordance with the information provided by the Customer and based on the Request, completed by the Customer in the established form on the Contractor’s website.
6.1. The Service execution deadline is determined in accordance with the conditions for providing the Services included in the Customer’s Order as specified on the Contractor’s Website.
7.1. The cost of Services under this Agreement is determined in accordance with the Customer’s request depending on the option selected on the Contractor’s website.
7.2. Payment for the Contractor’s Services under this Agreement is made on the website on the terms of 100% (one hundred) percent advance payment, in the manner provided for in this Agreement/Offer.
7.3. The Parties agree that failure or improper completion of the Customer’s questionnaire data, as well as failure to pay for Services, frees the Contractor from providing Services, i.e., the Order is considered not placed by the Customer, not received by the Contractor, and, accordingly, not accepted for execution.
8.1. The Contractor has the right to:
8.2. The Contractor undertakes to:
8.3. The Customer has the right to:
8.4. The Customer undertakes to:
9.1. The terms under which this Agreement is concluded may be changed either by mutual agreement of the Parties or in accordance with the current legislation of the Republic of Kazakhstan.
9.2. This Agreement may be terminated prematurely by mutual agreement of the Parties and/or on the grounds provided for in this Agreement.
9.3. Each Party has the right to refuse to perform this Agreement by providing written notice to the other Party no later than 15 (fifteen) calendar days before the proposed date of premature termination.
9.4. The Customer has the right to refuse to perform this Agreement provided that they pay the Contractor for the actual expenses incurred.
9.5. The Contractor has the right to refuse to perform the obligations under the Agreement provided that they fully compensate the Customer for losses caused by the termination of the Agreement, except in the case when this occurred due to the Customer’s fault. In the event that the Contractor refused to perform the obligations under this Agreement due to the Customer’s fault, the Customer has no right to claim compensation for losses.
9.6. In the case of premature termination of this Agreement, the Contractor returns to the Customer the paid funds for the Services under this Agreement minus the Services provided and the actual expenses incurred in connection with fulfilling obligations under this Agreement. The Agreement is considered terminated from the moment the Contractor receives written notification of termination of this Agreement.
9.7. For non-performance or improper performance of their obligations under the Agreement, the Parties bear responsibility as provided by the legislation of the Republic of Kazakhstan.
10.1. The Parties are exempt from liability for partial or complete non-performance of obligations under this Agreement if such non-performance is a result of force majeure (force majeure circumstances) that occurred after the conclusion of this Agreement, due to extraordinary circumstances that the Parties could not foresee or prevent.
10.2. The term “force majeure circumstances” used in this Agreement means irresistible force, strikes, lockouts, or other industrial disturbances, acts of the enemy of the state, decisions/acts of authorities or management bodies preventing a Party from performing its obligations, wars or military actions, blockades, uprisings, riots, epidemics, landslides, earthquakes, hurricanes, floods, civil unrest, explosions, and any other similar events beyond the control of either Party and which neither Party can overcome by applying their efforts.
10.3. The Party that is unable to perform its contractual obligations due to the occurrence of force majeure circumstances must immediately notify the other Party in writing.
10.4. The notification must contain information about the nature of the circumstances, as well as official documents certifying the presence of these circumstances and, if possible, estimating their impact on the Party’s ability to perform its obligations under this Agreement.
10.5. The term for fulfilling obligations under this Agreement by the Party affected by force majeure circumstances is postponed proportionately to the duration of these circumstances and their consequences.
10.6. In the event that force majeure circumstances continue for more than 60 (sixty) calendar days, the Parties will conduct additional negotiations to determine acceptable alternative ways to fulfill this Agreement or the Parties’ obligations will cease due to impossibility of performance (except for monetary obligations) from the moment of occurrence of the force majeure circumstances.
11.1. Pre-trial settlement of a dispute is carried out through negotiations and claims and is mandatory. The Parties define the following mandatory procedure for pre-trial settlement of a dispute:
11.2. All claims and other documents in accordance with this Section may be sent by the Parties to each other in the manner specified in p. 16.5 of this Agreement.
11.3. In the event of inability to reach agreement, disputes and disagreements are referred for resolution to the Specialized Interregional Economic Court of Nursultan.
11.4. The applicable law for this Agreement is the law of the Republic of Kazakhstan.
12.1. All textual information and graphic images posted on the Contractor’s Website http://www.gpi.kz are the property of the Contractor and/or its contractors.
13.1. This Agreement enters into force on the date of Acceptance of the Agreement/Offer and remains in effect until the Parties have fully fulfilled their obligations under this Agreement.
13.2. After signing this Agreement, all preliminary negotiations, correspondence, preliminary agreements, and minutes of intent regarding matters related in any way to this Agreement lose legal force.
13.3. The Contractor has the right to initiate amendments and/or additions to the Agreement/Offer, as well as to the product/service terms by posting information on the Internet resource.
13.4. The rights and obligations of each Party under this Agreement may not be assigned to another legal or natural person without written permission from the other Party.
13.5. All notifications, messages, and requests within the framework of this Agreement must be sent by the Parties to each other in written form. Such notification or request is considered duly sent or made when delivered in person, sent via email, postal communication to the Party to whom they are to be sent or made, or to the address of such Party, which either Party may additionally specify in writing.
At the same time:
13.6. The Parties have agreed that financial and accounting documents under this Agreement may be signed by the Parties by sending each other via email a scanned copy containing the Parties’ signatures, with subsequent exchange of original documents with original signatures via postal communication or in person within 10 (ten) calendar days from the date of signing. Subsequent submission of originals is mandatory. Copies of the Agreement received via email have legal force equivalent to originals and are valid for the term of the originals.
13.7. If any provision of the Agreement/Offer is deemed invalid under the current legislation of the Republic of Kazakhstan, such provision is excluded from the Agreement/Offer and replaced with a new provision that most closely aligns with the original intentions contained in the Agreement/Offer, while the remaining provisions of the Agreement/Offer remain unchanged and in force.
13.8. In all other matters not provided for in this Agreement/Offer, the Parties shall be guided by the current legislation of the Republic of Kazakhstan.
13.9. The Agreement is drawn up in Russian, Kazakh, and English languages. In the event of discrepancies between the texts of the Agreement in Kazakh, Russian, and English, the Parties shall be guided by the Russian language text of the Agreement.
Contractor: LLP “GPI-Lab”
BIN: 200640022519
Legal/Actual Address: Republic of Kazakhstan, 010000, Astana, Nura District, Dostyk Street, Building 2, np.2
Astana Regional Branch
JSC “Halyk Bank of Kazakhstan”
BIC: HSBKKZKX
IIK: KZ21601A871002250261 (KZT)
KBE: 17
Tel.: +7 (717) 279-27-42
E-mail: info@gpi.kz
Director: Yakyupbaeva Yulia Konstantinovna
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