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PUBLIC OFFER AGREEMENT

1. General Provisions

This Public Contract - public offer for concluding a contract (hereinafter - the Contract) in accordance with paragraph 5 of Art. 395 of the Civil Code of the Republic of Kazakhstan is a public offer (offer) of Zesta LLP to individuals, containing essential terms of the service agreement, namely services for technical organization of payments using bank cards and receiving payments to bank cards or other local payment methods (hereinafter - the Contract).

This Agreement is an official offer from Zesta LLP to any individual with full legal capacity and necessary authority to conclude the Agreement on the terms defined in this Agreement.

The Agreement is considered concluded and comes into force from the moment an individual performs conclusive actions, meaning unconditional acceptance by an individual of all terms of this Agreement without any exceptions or restrictions on the terms of accession.

2. Terms and Definitions

  • "We", "Us", "Our", etc., as well as "Payment Organization" - Zesta LLP.
  • "You", "Your", etc., as well as "User", "Personal Data Subject" - our counterparty under this Public Offer (Agreement).
  • Authorization - permission from the Issuing Bank to conduct a Transaction, confirming the possibility of payment by the Cardholder for purchased Goods and/or received Services (i.e., availability of a Card Account and sufficient funds on it to pay for the Order, compliance of Card details with the Card Account, confirmation of the Card validity period).
  • Issuing Bank (Issuer) - a legal entity or credit organization (non-bank credit organization), including the Settlement Bank, that provided you with a Payment Instrument (including a Card) and/or providing LPM in accordance with the terms of the concluded Agreement on the use of the Payment Instrument and receiving data on Transactions from settlement participants and performing Authorization.
  • Card - a means of accessing money through electronic terminals or other devices that contain information allowing the cardholder to make payments, transfers, receive cash and other operations determined by the Card Issuing Bank.
  • Payment - a cashless payment operation for funds paid by the Payer in favor of the Enterprise for goods/works/services sold by the Enterprise through the System.
  • Payment Organization - Zesta LLP (BIN 231140019717, legal and actual address: 050059, KAZAKHSTAN, BOSTANDYK district, ALMATY city, AL-FARABI avenue, 5/2).
  • Payment Service - a service provided by the Payment Organization in accordance with the Law of the Republic of Kazakhstan "On Payments and Payment Systems", as well as in accordance with the approved Rules of activity of the payment organization Zesta LLP

3. Subject of the Agreement

Under the terms of this Agreement, the Payment Organization provides the User with payment services for technical organization of payments using bank cards and receiving payments to bank cards or other local payment methods.

The Payment Organization acts as a technical intermediary between the User and payment system participants and does not accept, store or settle client funds.

4. Rights and Obligations of Parties

Payment Organization Rights:

  • To refuse to provide services if the User violates the terms of this Agreement
  • To suspend or terminate services in case of suspicious activity
  • To request additional information and documents from the User
  • To change tariffs and terms with prior notice to Users

Payment Organization Obligations:

  • To provide services in accordance with this Agreement
  • To ensure data security and confidentiality
  • To inform Users about changes in terms and tariffs
  • To provide technical support

User Rights:

  • To receive quality services in accordance with this Agreement
  • To receive information about operations and tariffs
  • To terminate the Agreement at any time
  • To contact technical support

User Obligations:

  • To comply with the terms of this Agreement
  • To provide accurate and up-to-date information
  • To ensure security of access to services
  • To timely pay for services in accordance with tariffs

5. Payment Terms

Services are provided in accordance with tariffs published on the Company's website. The User undertakes to pay for services in accordance with current tariffs.

The Company reserves the right to change tariffs with prior notice to Users.

6. Liability of Parties

The Parties are liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the legislation of the Republic of Kazakhstan.

The Payment Organization is not liable for losses incurred by the User as a result of:

  • Provision of inaccurate or incomplete information by the User
  • Unauthorized access to services due to User's fault
  • Actions of third parties, including payment system participants
  • Force majeure circumstances

7. Personal Data Processing

The Payment Organization processes User personal data in accordance with the Privacy Policy published on the Company's website and the legislation of the Republic of Kazakhstan on personal data protection.

By accepting this Agreement, the User gives consent to the processing of their personal data for the purposes of providing services.

8. Confidentiality

The Parties undertake not to disclose confidential information received from each other in the course of fulfilling this Agreement, except as provided by legislation of the Republic of Kazakhstan.

9. Agreement Term and Termination

This Agreement comes into force from the moment the User accepts its terms and is valid indefinitely.

The User has the right to terminate the Agreement at any time by sending a corresponding notification to the Payment Organization.

The Payment Organization has the right to terminate the Agreement unilaterally in case of violation by the User of the terms of this Agreement.

10. Changes to the Agreement

The Payment Organization has the right to make changes to this Agreement by publishing a new version on the Company's website. The new version of the Agreement comes into force from the moment of its publication.

Continued use of services after changes to the Agreement means acceptance of the new version of the Agreement by the User.

11. Dispute Resolution

All disputes arising from this Agreement shall be resolved through negotiations between the Parties.

If agreement cannot be reached, disputes shall be resolved in court in accordance with the legislation of the Republic of Kazakhstan.

12. Applicable Law

This Agreement is governed by the legislation of the Republic of Kazakhstan.

13. Final Provisions

Provisions of this Agreement not regulated by this Agreement are governed by the legislation of the Republic of Kazakhstan.

If any provision of this Agreement is declared invalid, the remaining provisions of the Agreement remain in force.

14. Company Details

Zesta LLP

BIN: 231140019717

Legal address: 050059, Kazakhstan, Bostandyk district, Almaty city, Al-Farabi avenue, 5/2

e-mail: help@zesta.kz

Note: This is an abbreviated English translation. For complete legal text, please refer to the Russian version or contact our legal department for a certified translation.