PUBLIC OFFER AGREEMENT FOR THE PROVISION OF SERVICES
PUBLIC OFFER AGREEMENT FOR THE PROVISION OF SERVICES
of JSC “NATIONAL CENTER FOR PROFESSIONAL DEVELOPMENT ‘ORLEU’”
1. GENERAL PROVISIONS
1.1. This Public Offer Agreement (hereinafter – the Agreement) constitutes an official offer of Joint Stock Company “National Center for Professional Development ‘Orleu’”, hereinafter referred to as the Company, to any legally capable individual who has registered in the Company’s information system (hereinafter – the IS) and provided the required personal data, hereinafter referred to as the Customer. The Company and the Customer are jointly referred to as the Parties. This Agreement contains all essential terms for concluding a service agreement in accordance with Articles 393–398 of the Civil Code of the Republic of Kazakhstan (hereinafter – the CC RK).
1.2. In accordance with Clause 1 of Article 395 of the CC RK, an offer is a proposal to enter into an agreement addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the offering party to consider itself bound in the event of acceptance (acceptance). An offer is considered sufficiently definite if it specifies the essential terms of the agreement or the procedure for determining them. Acceptance of an offer—consent to the provision of services in accordance with Article 396 of the CC RK—is the response of the person to whom the offer is addressed indicating acceptance. Acceptance must be full and unconditional. By performing actions constituting acceptance of this Agreement, the Customer confirms their legal capacity and lawful right to enter into contractual relations with the Company. Full and unconditional consent to conclude this Agreement (hereinafter – Acceptance) is expressed by agreeing to its terms during registration in the Company’s IS.
Acceptance means that the Customer agrees with all provisions of this Agreement and is equivalent to concluding a training agreement.
In connection with the above, please carefully read the text of this Agreement. If you do not agree with any provision of the Agreement, the Company invites you to refrain from Acceptance.
2. SUBJECT OF THE AGREEMENT
2.1. The Company undertakes to provide informational and educational services, including webinars, seminars, courses, master classes, and other events (hereinafter – the Services), through the Company’s IS, and the Customer undertakes to accept and pay for the provided Services under the terms of this public offer.
2.2. The Services are provided in accordance with the description specified in the IS, within the stated timeframes and at the specified cost for each specific Service.
3. COST AND PAYMENT PROCEDURE
3.1. The cost of the Services is indicated in the Company’s IS for each specific Service.
3.2. The Customer undertakes to pay for the Services in the manner established in the IS prior to the commencement of the Services.
3.3. Payment is made in non-cash form via the payment methods specified in the IS.
3.4. The obligation to pay is deemed fulfilled at the moment the funds are credited to the Company’s account.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Company undertakes to:
4.1.1. provide the Services in accordance with the stated requirements and description;
4.1.2. in the event of successful completion of certain Services, provide the Customer with an electronic certificate/certificate;
4.1.3. fulfill other obligations in accordance with the legislation of the Republic of Kazakhstan and the terms of this Agreement.
4.2. The Customer undertakes to:
4.2.1. pay for the relevant Services in accordance with the terms of this Agreement;
4.2.2. provide the Company with information necessary for proper provision of the Services under this Agreement;
4.2.3. compensate for material damage caused to the Company by the Customer’s actions or omissions, in accordance with the legislation of the Republic of Kazakhstan;
4.2.4. in the event of circumstances that impede proper performance of obligations under the Agreement, inform the Company in writing of the inability to fulfill the terms of the Agreement within 3 (three) business days from the occurrence of such circumstances, with supporting documents attached;
4.2.5. not disclose confidential information related to the Company’s activities;
4.2.6. fulfill other obligations in accordance with the legislation of the Republic of Kazakhstan and the terms of this Agreement.
4.3. The Company has the right to:
4.3.1. demand payment for the Services rendered in accordance with the terms of this Agreement;
4.3.2. obtain from the Customer information necessary for proper provision of the Services under this Agreement;
4.3.3. provide the Service(s) ahead of the deadline specified in this Agreement;
4.3.4. unilaterally change the timeframes for provision of the Services, including postponement to later dates, without prior notice to the Customer;
4.3.5. require the Customer to fulfill their obligations;
4.3.6. refuse, suspend, or limit the provision of Services in the following cases:
– absence from training sessions without a valid reason;
– violation of the Rules for the organization and conduct of advanced training courses for educators at the Company and its branches, approved by order of the Company’s Director;
– failure of the Customer to make payment for the Services via the IS, as well as failure to fulfill any obligations under this Agreement;
– occurrence of potential risks of property damage to the Company or its clients, or malfunction of the Company’s or third parties’ technical and software systems due to the Customer’s use of the Services;
– actions by the Customer aimed at restricting or obstructing access of other users to the Services, as well as attempts of unauthorized access to the Company’s resources and other infrastructure accessible via the Internet;
– placement by the Customer of software that disrupts the functioning of the Services provided by the Company;
– detection of the Customer’s support or use of any spam activity (any advertising actions on third-party resources or via email, SMS, messengers, etc., without the explicit and unambiguous consent of owners or recipients, including mass advertising messages);
– other cases предусмотренные by the legislation of the Republic of Kazakhstan.
In the event any of the above cases are identified, the Company reserves the right to refuse provision of the Services without refund of the unused period.
4.3.7. exercise other rights in accordance with the legislation of the Republic of Kazakhstan and the terms of this Agreement.
4.4. The Customer has the right to:
4.4.1. demand provision of the Services in the scope, quality, and timeframes in accordance with the description specified in the IS;
4.4.2. receive a full refund only if the provision of the Services does not commence within 30 calendar days from the originally scheduled date;
4.4.3. exercise other rights in accordance with the legislation of the Republic of Kazakhstan and the terms of this Agreement.
5. LIABILITY OF THE PARTIES
5.1. The Parties shall be liable for failure to perform or improper performance of the Agreement in accordance with its terms. In matters not regulated by this Agreement, liability of the Parties shall be governed by the legislation of the Republic of Kazakhstan.
5.1.2. All disputes and disagreements arising between the Parties in connection with performance of obligations under this Agreement shall be resolved through negotiations. If no agreement is reached within 7 (seven) business days, the dispute shall be subject to judicial consideration at the location of the Company.
5.2. The Customer shall be liable:
5.2.1. for timely payment for the Services;
5.2.2. for any claims of third parties arising from the Customer’s use of the Services or use by third parties to whom the Customer granted access;
5.2.3. for violation of personal and property rights (including copyright) of third parties, as well as norms of morality or public order resulting from use of the Services;
5.2.4. for safeguarding their account credentials (login and password) and for losses that may arise due to their unauthorized use by third parties;
5.2.5. for any legal consequences related to transactions carried out by the Customer with third parties using the Services provided by the Company. In this case, the Customer shall reimburse the Company for all additional expenses associated with any claims arising from lawsuits or demands of third parties, administrative costs, and other expenses incurred in resolving such claims or lawsuits.
5.3. The Company shall not be liable for and shall not compensate the Customer for any losses (expenses):
5.3.1. for paid Services rendered if, during the period of provision of the Services, the Customer, at their own discretion or due to their own interests, did not use all or part of the ordered Services;
5.3.2. if the grounds for refusal to provide, suspension, or limitation of the Services were the circumstances specified in Clause 4.3.5 of this Agreement;
5.3.3. for losses incurred by the Customer as a result of using the Services;
5.3.4. for disputes arising between the Customer and third parties as a result of third parties using the Customer’s account credentials (login and password) to obtain the Services. The Company does not participate in the resolution of such disputes between the Customer and third parties;
5.3.5. for interruptions in the provision of the Services related to work required to maintain operability and develop the Company’s technical facilities;
5.3.6. for interruptions in the provision of the Services that are beyond the Company’s control;
5.3.7. for any undesirable consequences for the Customer arising from incorrect compliance by the Customer with the Company’s instructions;
5.3.8. in the event of a change in the Service provision timeframe by no more than 30 calendar days;
5.3.9. for unsatisfactory quality of the Services, violation of the Service provision deadlines, or interruptions in the provision of the Services due to the Customer’s use of faulty and/or non-compliant equipment and software.
6. NOTICES AND CORRESPONDENCE
6.1. Any notice sent by one Party to the other Party in accordance with this Agreement shall be sent in the form of an electronic document or a scanned copy of a document, followed by submission of the original by post to the address specified in the Parties’ details.
6.2. The Company sends notices related to the provision of Services via email from kuzhat@orleu-edu.kz.
6.3. Electronic correspondence conducted by the Parties in the course of performing this Agreement via the email address kuzhat@orleu-edu.kz has full legal force and constitutes written evidence in accordance with the legislation of the Republic of Kazakhstan.
6.4. A notice shall take effect upon delivery or on the specified effective date (if indicated in the notice), whichever occurs later.
7. FORCE MAJEURE
7.1. The Parties shall be released from liability for partial or total non-performance of their obligations if such non-performance results from force majeure circumstances (natural disasters, terrorist acts, military actions, natural and industrial disasters, civil unrest, failures in telecommunications or power networks, unlawful actions of third parties, consequences of malicious software, prohibitive acts of state authorities and local governments and other changes in legislation preventing the Parties from fulfilling their obligations, as well as other force majeure circumstances) recognized as such in accordance with the legislation of the Republic of Kazakhstan, provided that these circumstances were beyond the control of the Parties and made performance of obligations under this Agreement impossible.
7.2. Any Party affected by force majeure circumstances shall, within five days from the date of their occurrence, notify the other Party in writing of the occurrence of such circumstances. Otherwise, such Party shall lose the right to refer to these circumstances as grounds for non-performance of its obligations under this Agreement.
7.3. In the event of force majeure, the term for performance of this Agreement shall be extended proportionally to the duration of such circumstances, which shall be documented by an additional agreement to this Agreement.
7.4. The Company shall not be liable for payment of penalties or termination of this Agreement due to non-performance of its terms if the delay in performance is the result of force majeure circumstances.
8. DISPUTE RESOLUTION PROCEDURE
8.1. In the event of disputes and disagreements related to this Agreement, the Parties undertake to apply a pre-trial dispute resolution procedure (negotiations, correspondence). If it is impossible to resolve the dispute out of court, the Parties have the right to apply to the court at the location of the Company.
8.2. For failure to perform or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Kazakhstan.
8.3. In the event of disclosure of the Company’s confidential information due to the fault of the Customer, the Customer shall compensate the Company for the damage caused in full in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
9. TERM OF THE AGREEMENT
9.1. This Agreement enters into force from the moment the Participant accepts the Offer and remains in effect until the Parties fully perform their obligations.
9.2. The Parties have the right to terminate this Agreement by mandatory written notice to the other Party no later than 5 (five) calendar days prior to the intended termination date.
9.3. If the Customer is provided with several Services under this Agreement, termination of the Agreement in respect of one Service shall not entail termination of the Agreement in respect of the remaining Services.
9.4. In the event of termination of this Agreement or unilateral refusal to perform the Agreement by one of the Parties, neither Party shall be released from liability or obligations to the other Party under this Agreement that arose or were assumed prior to the date of termination (expiration, refusal), unless otherwise agreed by the Parties in writing.
9.5. Upon termination of the Agreement, including early termination, it shall remain in force until the Parties fully fulfill their financial obligations.
9.6. The Company has the right to suspend access to the Services in the event of the Customer’s violation of the terms of this Agreement and its appendices, as well as the requirements of the current legislation of the Republic of Kazakhstan. If the Customer fails to remedy the violation that caused the suspension of the Services, the Company has the right to terminate the Agreement with the Customer unilaterally, out of court, without any compensation for losses to the Customer.
10. MISCELLANEOUS
10.1. The Company reserves the right to make amendments to this Agreement, which shall enter into force from the moment they are published in the Company’s IS.
10.2. All appendices, amendments, and supplements to this Agreement constitute an integral part hereof.
10.3. This Agreement is inseparably linked to the Privacy Policy published in the Company’s IS, and by accepting this Agreement, the Customer confirms their consent to its terms.
10.4. Matters not regulated by this Agreement shall be governed by the legislation of the Republic of Kazakhstan.
COMPANY DETAILS
Name:
Joint Stock Company “National Center for Professional Development ‘Orleu’”
Legal address:
18 Dostyk Street, Astana, Republic of Kazakhstan
Bank details:
BIN 120740006206
BIC KCJBKZKX
IBAN KZ828560000005319646
JSC “Bank CenterCredit”
This Public Offer Agreement does not require a signature and is valid in electronic form upon acceptance.