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Subject
Freedom Pay LLP (hereinafter referred to as the System Operator) provides the Merchant with payment services, as well as information technology support within the framework of providing Services to accept payments from Cardholders in favor of the Merchant for goods/works/services sold by the Merchant through the System in accordance with the procedure and in compliance with the requirements determined by the terms and conditions of this Agreement for connection to the Freedom Pay system. The Merchant, in turn, undertakes to pay the System Operator a fee in the amount, within the terms and under the conditions specified in this Agreement and on the System Operator's website.
The System Operator, on behalf of the Merchant, shall provide information and technology support to the Settlement Participants, including collecting, processing and transmitting information within the framework of Payments initiated by the Merchant in favor of the Transfer Recipients through the System in accordance with the procedure and in compliance with the requirements determined by the terms and conditions hereof. The Merchant, in turn, undertakes to pay the System Operator a fee in the amount, within the terms and under the conditions specified in this Agreement and on the System Operator's website.
The System Operator, on behalf of the Merchant, shall provide information and technology support to the Settlement Participants, including collecting, processing and transmitting information within the framework of Payments initiated by the Merchant in favor of the Transfer Recipients through the System in accordance with the procedure and in compliance with the requirements determined by the terms and conditions hereof. The Merchant, in turn, undertakes to pay the System Operator a fee in the amount, within the terms and under the conditions specified in this Agreement and on the System Operator's website.
1. Framework for the provision of Services is determined by the following:
• Features of the Agreement of connection
• Terms and their meaning
2. This Agreement has the following features:
• The terms of the Agreement are defined by the System Operator in a standard form and are subject to acceptance by the Merchant by accession to this Agreement as a whole, without exceptions and limitations.
• The Agreement contains General and Special Conditions.
• The General Conditions are defined and applicable regardless of the Governing Legislation.
• The Special Conditions are aimed at supplementing the General Conditions depending on the Governing Legislation.
• In the event of discrepancies between the General Conditions and the Special Conditions, the Special Conditions shall prevail.
• The documents that represent integral parts of the Agreement include the Merchant's Questionnaire, as well as other documents specified in the Special Conditions and having higher priority according to the reverse order of their listing.
• The System Operator may introduce changes and/or additions to the terms of the Agreement aimed at: improving the quality and availability of the Services; ensuring the efficiency and reliability of the System; meeting the requirements of Regulatory Legislation, the rules and conditions of the Payment Methods and changes thereto.
• Such changes and additions shall be effective from the date of publication of such changes and additions, unless otherwise provided by the Agreement. The Merchant may terminate the Agreement in case of disagreement with the changes and additions by sending a written Application to the System Operator within 30 (thirty) calendar days from the date of making such changes and additions. If the System Operator does not receive the corresponding Merchant's application for refusal to accept the new terms of the Agreement within the specified period, the Agreement shall be deemed accepted by the Merchant in a new revision.
• When the System Operator carries out operations related to the processing of payments in favor of the Merchant, the System Operator charges a commission fee, which is not refundable when performing returns.
• Features of the Agreement of connection
• Terms and their meaning
2. This Agreement has the following features:
• The terms of the Agreement are defined by the System Operator in a standard form and are subject to acceptance by the Merchant by accession to this Agreement as a whole, without exceptions and limitations.
• The Agreement contains General and Special Conditions.
• The General Conditions are defined and applicable regardless of the Governing Legislation.
• The Special Conditions are aimed at supplementing the General Conditions depending on the Governing Legislation.
• In the event of discrepancies between the General Conditions and the Special Conditions, the Special Conditions shall prevail.
• The documents that represent integral parts of the Agreement include the Merchant's Questionnaire, as well as other documents specified in the Special Conditions and having higher priority according to the reverse order of their listing.
• The System Operator may introduce changes and/or additions to the terms of the Agreement aimed at: improving the quality and availability of the Services; ensuring the efficiency and reliability of the System; meeting the requirements of Regulatory Legislation, the rules and conditions of the Payment Methods and changes thereto.
• Such changes and additions shall be effective from the date of publication of such changes and additions, unless otherwise provided by the Agreement. The Merchant may terminate the Agreement in case of disagreement with the changes and additions by sending a written Application to the System Operator within 30 (thirty) calendar days from the date of making such changes and additions. If the System Operator does not receive the corresponding Merchant's application for refusal to accept the new terms of the Agreement within the specified period, the Agreement shall be deemed accepted by the Merchant in a new revision.
• When the System Operator carries out operations related to the processing of payments in favor of the Merchant, the System Operator charges a commission fee, which is not refundable when performing returns.
3. The following terms have their respective meanings:
• System Operator is a legal entity that, in accordance with the Regulatory Legislation, ensures the functioning, use and connection to the System.
• Freedom Pay System is a hardware and software suite with related tools and resources used by the System Operator to provide Services.
• Service includes services that ensure information and technological interaction between the beneficiary (Merchant) being an individual entrepreneur, a legal entity and the payment service provider (Bank), when the latter transfers money in favor of the beneficiary with regard to payments accepted from payers without the participation of third parties.
• Payment instruction is a request to accept a payment or make a payout in order to fulfill an Order.
• Payment acceptance is a transfer of funds from the Sender to the Merchant.
• Payout is a transfer of funds from the Merchant to the Recipient.
• Operation means accepting of payment or making of payout.
• Order means goods and services to be delivered by the Merchant.
• GWS means goods and/or work and/or service offered in the Merchant’s infrastructure.
• Merchant is a legal entity or an individual operating without establishing a legal entity (individual entrepreneur), in accordance with the Regulatory Legislation, ensuring the execution and fulfillment of the Order.
• Sender is an individual or a legal entity that has placed an Order involving the Payment Acceptance Service.
• Recipient is an individual or a legal entity that has placed an Order involving the Payout Service.
• Funds and Resources include organizational, information, technological, material, intellectual, labor, financial, legal and other funds and resources, including (but not limited to): a website on the Internet, premises and equipment, information system, personnel, funds, registrations, licenses, contractual relations, rules and standards, etc.
• Merchant’s Infrastructure includes funds and resources, the use of which is ensured by the Merchant.
• Settlement Participants are Sender, Recipient, Merchant, Bank, System Operator, and other settlement participants (if necessary).
• Payment method is a set of funds and resources under a certain trademark, providing authorization and the appropriate method of transactions between settlement participants, including a legal entity (bank or other organization) that represents the Payment method in relations with the System Operator and under the Agreement.
• Bank is a second-tier bank of the Republic of Kazakhstan that accepts and payouts funds to Merchants when Cardholders carry out transactions for the purchase of goods/works/services on the Merchant website using Payment cards (their details) under the terms and conditions of the Internet Acquiring Agreement.
• Agreement is the present Agreement for connection to the Freedom Pay System, posted on the System Operator’s website, including the General Conditions, Special Conditions and documents that represent integral parts of the Agreement.
• Personal account is a specialized section of the Merchant within the Operator System, which provides the Merchant with access to information about operations on the Services, as well as other functional capabilities of the Operator System.
• Governing Law is the law of the country determined in accordance with the Special Terms in order to regulate the relations between the Parties under the Agreement.
• Party is the System Operator or the Merchant, according to the context.
• Parties mean the System Operator and the Merchant.
• International Payment Method, IPM is a payment method that ensures the authorization and acceptance of cards as a method of transactions under the Visa and Master Card trademarks. Other international and national Payment Methods may also be specified as IPMs under the Agreement, including, but not limited to, Union Pay, American Express, Diners Club, JCB, etc.
• Applicable Requirements mean Governing Law, rules and standards of the Payment Methods used, the IRD of the System Operator, accepted contractual obligations, including the Agreement.
• IRR means internal regulatory documents.
• Transaction Register is a report automatically generated by the System Operator indicating the amounts and other transaction data for the reporting period.
• Card, payment card is a bank account management tool, containing information that allows the holder of such a payment card to make payments, transfers, receive cash from ATMs, and perform other operations determined by the bank issuing the payment card and subject to its terms and conditions.
• POS terminal is an electronic and mechanical device aimed at Accepting payments using a payment card.
• Other terms are terms whose meaning is defined in the Special Conditions, as well as other documents that represent integral parts of the Agreement.
• System Operator is a legal entity that, in accordance with the Regulatory Legislation, ensures the functioning, use and connection to the System.
• Freedom Pay System is a hardware and software suite with related tools and resources used by the System Operator to provide Services.
• Service includes services that ensure information and technological interaction between the beneficiary (Merchant) being an individual entrepreneur, a legal entity and the payment service provider (Bank), when the latter transfers money in favor of the beneficiary with regard to payments accepted from payers without the participation of third parties.
• Payment instruction is a request to accept a payment or make a payout in order to fulfill an Order.
• Payment acceptance is a transfer of funds from the Sender to the Merchant.
• Payout is a transfer of funds from the Merchant to the Recipient.
• Operation means accepting of payment or making of payout.
• Order means goods and services to be delivered by the Merchant.
• GWS means goods and/or work and/or service offered in the Merchant’s infrastructure.
• Merchant is a legal entity or an individual operating without establishing a legal entity (individual entrepreneur), in accordance with the Regulatory Legislation, ensuring the execution and fulfillment of the Order.
• Sender is an individual or a legal entity that has placed an Order involving the Payment Acceptance Service.
• Recipient is an individual or a legal entity that has placed an Order involving the Payout Service.
• Funds and Resources include organizational, information, technological, material, intellectual, labor, financial, legal and other funds and resources, including (but not limited to): a website on the Internet, premises and equipment, information system, personnel, funds, registrations, licenses, contractual relations, rules and standards, etc.
• Merchant’s Infrastructure includes funds and resources, the use of which is ensured by the Merchant.
• Settlement Participants are Sender, Recipient, Merchant, Bank, System Operator, and other settlement participants (if necessary).
• Payment method is a set of funds and resources under a certain trademark, providing authorization and the appropriate method of transactions between settlement participants, including a legal entity (bank or other organization) that represents the Payment method in relations with the System Operator and under the Agreement.
• Bank is a second-tier bank of the Republic of Kazakhstan that accepts and payouts funds to Merchants when Cardholders carry out transactions for the purchase of goods/works/services on the Merchant website using Payment cards (their details) under the terms and conditions of the Internet Acquiring Agreement.
• Agreement is the present Agreement for connection to the Freedom Pay System, posted on the System Operator’s website, including the General Conditions, Special Conditions and documents that represent integral parts of the Agreement.
• Personal account is a specialized section of the Merchant within the Operator System, which provides the Merchant with access to information about operations on the Services, as well as other functional capabilities of the Operator System.
• Governing Law is the law of the country determined in accordance with the Special Terms in order to regulate the relations between the Parties under the Agreement.
• Party is the System Operator or the Merchant, according to the context.
• Parties mean the System Operator and the Merchant.
• International Payment Method, IPM is a payment method that ensures the authorization and acceptance of cards as a method of transactions under the Visa and Master Card trademarks. Other international and national Payment Methods may also be specified as IPMs under the Agreement, including, but not limited to, Union Pay, American Express, Diners Club, JCB, etc.
• Applicable Requirements mean Governing Law, rules and standards of the Payment Methods used, the IRD of the System Operator, accepted contractual obligations, including the Agreement.
• IRR means internal regulatory documents.
• Transaction Register is a report automatically generated by the System Operator indicating the amounts and other transaction data for the reporting period.
• Card, payment card is a bank account management tool, containing information that allows the holder of such a payment card to make payments, transfers, receive cash from ATMs, and perform other operations determined by the bank issuing the payment card and subject to its terms and conditions.
• POS terminal is an electronic and mechanical device aimed at Accepting payments using a payment card.
• Other terms are terms whose meaning is defined in the Special Conditions, as well as other documents that represent integral parts of the Agreement.
4. Service provision procedure is determined by the following:
• Connecting the Merchant to the System
• Carrying out settlements
• Disconnecting the Merchant from the System
5. Procedure for connecting a Merchant to the System consists of the following conditional stages:
• Application registration
• Access to the Personal Account
• Filling out the questionnaire
• Collection of documents
• Verification
• Accession to the Agreement
• Integration
• Configuration of transaction processing parameters
• Testing
• Activation of the “combat mode”
6. Application registration:
• The Merchant initiates a connection to the System using the appropriate functionality for submitting a connection application on the System Operator's website.
• The System automatically registers the Merchant's connection application and sends a confirmation to the email address specified when submitting the application.
7. Access to the Personal Account:
• Confirmation of registration of the Merchant's connection application contains instructions, an identifier (login) and a password for authorizing access to the Merchant's Personal Account in the System.
• Following these instructions, the Merchant logs in to the Personal Account and proceeds to filling out the questionnaire.
8. Filling out the questionnaire:
• The Merchant fills out the questionnaire in the Personal Account by entering data in accordance with the Regulatory Legislation and the requirements of the Agreement.
• To get assistance in filling out the questionnaire, the Merchant may contact the System support service via the contacts specified in the received confirmation of application registration or on the System Operator's website.
• To assist in filling out the questionnaire, the System Operator may independently contact the Merchant via the contacts specified in the connection application.
9. Collection of documents:
• The Merchant provides the System Operator with the set of documents required when filling out the questionnaire in accordance with the terms and conditions specified in the Personal Account.
• The set of documents is initially provided by the Merchant by uploading photographs or copies of the original documents in the Personal Account.
10. Verification:
• The System Operator checks the completeness and compliance of the questionnaire and the set of documents with the Applicable Requirements.
• If necessary, in accordance with the Applicable Requirements, the System Operator requests missing or additional documents from the Merchant for verification.
• The System Operator informs the Merchant of the verification result.
11. Accession to the Agreement:
• In case of a positive verification result, the Merchant accedes to the Agreement.
• Unless otherwise expressly specified in the Special Conditions, the Merchant’s provision to the System Operator of the questionnaire, set of documents and other required documents that represent integral parts of the Agreement, certified in accordance with the Applicable Requirements, means acceptance of the terms and accession to the Agreement.
• The Agreement shall enter into force from the date the System Operator registers the fact that the Merchant has provided the questionnaire, set of documents and other required documents that represent integral parts of the Agreement, certified in accordance with the Applicable Requirements and that fully correspond to the positive verification result.
12. Integration:
• The System Operator provides the Merchant with documentation on integration with the System and, if necessary, assists the Merchant in implementing integration with the System.
• In accordance with the received documentation, the Merchant implements integration with the System.
13. Configuration of transaction processing parameters:
• The System Operator shall configure the parameters for processing the Merchant’s transactions in the System in accordance with the terms and conditions of the Agreement and the Applicable Requirements.
• The System Operator shall transfer to the Merchant the virtual and/or physical equipment (including electronic and/or land-based POS terminals) to be provided by the System Operator within the framework of the Services.
14. Testing:
• Initially, the System Operator will configure a test mode for performing Merchant’s transactions.
• The Merchant will perform transactions in test mode via the System, notify the System Operator of any errors identified, and eliminate any errors that may occur on the Merchant’s side.
• The System Operator will eliminate any errors identified and notify the Merchant of any errors that occur on the Merchant’s side.
15. Activation of “combat mode”:
• After configuration of the transaction processing parameters, the System Operator will enable the Merchant to switch to “combat mode” for conducting transactions within the System.
16. Settlements:
• The System Operator collects funds for accepted Payments in favor of the Merchant, received on the System Operator's transit account specified in the special terms of the Agreement, via the System.
• The System Operator transfers funds for accepted Payments to the Merchant's settlement account specified in the questionnaire filled out and signed by the Merchant, after deduction of the remuneration, and within the terms and under conditions specified in the Agreement.
• Payment transactions are carried out at the expense of the Merchant's balance in the System, to be replenished by the Merchant by transferring funds to the System Operator's transit account specified in the Agreement. The Merchant's balance in the System is replenished within 3 (three) business days from the moment the Merchant's funds are received on the System Operator's transit account.
• The System Operator issues the Cardholder an electronic document confirming the Cardholder's performance of the transaction and the debiting of the System Operator's fee from the Cardholder.
• The System Operator's remuneration for accepting Payments and making Payouts is a certain percentage rate of the amount of accepted Payments and the amount of Payouts, respectively, the amounts of which are specified in the special conditions of the Agreement, and is calculated based on the Registers that are generated by the System automatically.
• The System Operator shall, on a monthly basis, by the 10th (tenth) day of the month following the reporting month, generate electronically and send to the Merchant's e-mail address a Service/work completion certificate based on the Registers.
• The Merchant shall, within 10 (ten) business days from the date of receipt of the Service/work completion certificate, verify the data specified in the Registers. If there are no objections, the System Operator shall, within the period specified in this clause, sign and send to the Merchant 2 (two) copies of the Service/work completion certificate and an invoice for the amount of the remuneration specified in the corresponding Service/work completion certificate.
• The Merchant shall sign and send to the System Operator one copy of the Service/work completion certificate, signed by the Parties, within 5 (five) business days after receiving it from the System Operator. The second copy shall remain with the Merchant.
• In case of disagreement with the data provided in the Registers, the Merchant shall provide the System Operator with a reasoned justification and supporting documents within 5 (five) working days to carry out the reconciliation.
• Within 5 (five) business days from the date of receipt of the Merchant's reasoned justification, the System Operator shall reconcile the discrepancies identified by the Merchant. If the discrepancies are confirmed during the reconciliation, the System Operator, within the period established by this clause of the Agreement, shall generate a Service completion certificate based on the corrected data. The Parties shall then act on the basis of Parts 7 and 8 of Clause 16 of the Agreement.
• If the Merchant, within 10 (ten) business days, fails to provide the System Operator with a signed Service/work completion certificate or a reasoned justification stipulated by Part 9 of Clause 16 of the Agreement, then such a Service/work completion certificate shall be deemed accepted by the Merchant, and the services shall be deemed properly rendered by the System Operator.
• Connecting the Merchant to the System
• Carrying out settlements
• Disconnecting the Merchant from the System
5. Procedure for connecting a Merchant to the System consists of the following conditional stages:
• Application registration
• Access to the Personal Account
• Filling out the questionnaire
• Collection of documents
• Verification
• Accession to the Agreement
• Integration
• Configuration of transaction processing parameters
• Testing
• Activation of the “combat mode”
6. Application registration:
• The Merchant initiates a connection to the System using the appropriate functionality for submitting a connection application on the System Operator's website.
• The System automatically registers the Merchant's connection application and sends a confirmation to the email address specified when submitting the application.
7. Access to the Personal Account:
• Confirmation of registration of the Merchant's connection application contains instructions, an identifier (login) and a password for authorizing access to the Merchant's Personal Account in the System.
• Following these instructions, the Merchant logs in to the Personal Account and proceeds to filling out the questionnaire.
8. Filling out the questionnaire:
• The Merchant fills out the questionnaire in the Personal Account by entering data in accordance with the Regulatory Legislation and the requirements of the Agreement.
• To get assistance in filling out the questionnaire, the Merchant may contact the System support service via the contacts specified in the received confirmation of application registration or on the System Operator's website.
• To assist in filling out the questionnaire, the System Operator may independently contact the Merchant via the contacts specified in the connection application.
9. Collection of documents:
• The Merchant provides the System Operator with the set of documents required when filling out the questionnaire in accordance with the terms and conditions specified in the Personal Account.
• The set of documents is initially provided by the Merchant by uploading photographs or copies of the original documents in the Personal Account.
10. Verification:
• The System Operator checks the completeness and compliance of the questionnaire and the set of documents with the Applicable Requirements.
• If necessary, in accordance with the Applicable Requirements, the System Operator requests missing or additional documents from the Merchant for verification.
• The System Operator informs the Merchant of the verification result.
11. Accession to the Agreement:
• In case of a positive verification result, the Merchant accedes to the Agreement.
• Unless otherwise expressly specified in the Special Conditions, the Merchant’s provision to the System Operator of the questionnaire, set of documents and other required documents that represent integral parts of the Agreement, certified in accordance with the Applicable Requirements, means acceptance of the terms and accession to the Agreement.
• The Agreement shall enter into force from the date the System Operator registers the fact that the Merchant has provided the questionnaire, set of documents and other required documents that represent integral parts of the Agreement, certified in accordance with the Applicable Requirements and that fully correspond to the positive verification result.
12. Integration:
• The System Operator provides the Merchant with documentation on integration with the System and, if necessary, assists the Merchant in implementing integration with the System.
• In accordance with the received documentation, the Merchant implements integration with the System.
13. Configuration of transaction processing parameters:
• The System Operator shall configure the parameters for processing the Merchant’s transactions in the System in accordance with the terms and conditions of the Agreement and the Applicable Requirements.
• The System Operator shall transfer to the Merchant the virtual and/or physical equipment (including electronic and/or land-based POS terminals) to be provided by the System Operator within the framework of the Services.
14. Testing:
• Initially, the System Operator will configure a test mode for performing Merchant’s transactions.
• The Merchant will perform transactions in test mode via the System, notify the System Operator of any errors identified, and eliminate any errors that may occur on the Merchant’s side.
• The System Operator will eliminate any errors identified and notify the Merchant of any errors that occur on the Merchant’s side.
15. Activation of “combat mode”:
• After configuration of the transaction processing parameters, the System Operator will enable the Merchant to switch to “combat mode” for conducting transactions within the System.
16. Settlements:
• The System Operator collects funds for accepted Payments in favor of the Merchant, received on the System Operator's transit account specified in the special terms of the Agreement, via the System.
• The System Operator transfers funds for accepted Payments to the Merchant's settlement account specified in the questionnaire filled out and signed by the Merchant, after deduction of the remuneration, and within the terms and under conditions specified in the Agreement.
• Payment transactions are carried out at the expense of the Merchant's balance in the System, to be replenished by the Merchant by transferring funds to the System Operator's transit account specified in the Agreement. The Merchant's balance in the System is replenished within 3 (three) business days from the moment the Merchant's funds are received on the System Operator's transit account.
• The System Operator issues the Cardholder an electronic document confirming the Cardholder's performance of the transaction and the debiting of the System Operator's fee from the Cardholder.
• The System Operator's remuneration for accepting Payments and making Payouts is a certain percentage rate of the amount of accepted Payments and the amount of Payouts, respectively, the amounts of which are specified in the special conditions of the Agreement, and is calculated based on the Registers that are generated by the System automatically.
• The System Operator shall, on a monthly basis, by the 10th (tenth) day of the month following the reporting month, generate electronically and send to the Merchant's e-mail address a Service/work completion certificate based on the Registers.
• The Merchant shall, within 10 (ten) business days from the date of receipt of the Service/work completion certificate, verify the data specified in the Registers. If there are no objections, the System Operator shall, within the period specified in this clause, sign and send to the Merchant 2 (two) copies of the Service/work completion certificate and an invoice for the amount of the remuneration specified in the corresponding Service/work completion certificate.
• The Merchant shall sign and send to the System Operator one copy of the Service/work completion certificate, signed by the Parties, within 5 (five) business days after receiving it from the System Operator. The second copy shall remain with the Merchant.
• In case of disagreement with the data provided in the Registers, the Merchant shall provide the System Operator with a reasoned justification and supporting documents within 5 (five) working days to carry out the reconciliation.
• Within 5 (five) business days from the date of receipt of the Merchant's reasoned justification, the System Operator shall reconcile the discrepancies identified by the Merchant. If the discrepancies are confirmed during the reconciliation, the System Operator, within the period established by this clause of the Agreement, shall generate a Service completion certificate based on the corrected data. The Parties shall then act on the basis of Parts 7 and 8 of Clause 16 of the Agreement.
• If the Merchant, within 10 (ten) business days, fails to provide the System Operator with a signed Service/work completion certificate or a reasoned justification stipulated by Part 9 of Clause 16 of the Agreement, then such a Service/work completion certificate shall be deemed accepted by the Merchant, and the services shall be deemed properly rendered by the System Operator.
17. The procedure for disconnection of a Merchant from the System consists of the following conditional stages:
• Agreement termination notification
• Blocking transactions
• Return of equipment
• Conducting mutual settlements
• Closing access to the Personal Account
• Storing documents
18. Agreement termination notification:
• The Party initiating disconnection from the System sends the other Party an Agreement termination notification in accordance with the requirements of the Agreement, indicating the date and reasons (if any) for such termination.
• The termination period is set out in accordance with the requirements of the Agreement.
19. Blocking transactions:
• The Party initiating disconnection from the System blocks transactions through the System from the date of sending the Agreement termination notification.
• The Party that received the Agreement termination notification blocks transactions through the System from the date of receipt of such notice, unless otherwise specified in the Special Conditions.
20. Return/disconnection of equipment:
• The Merchant returns and/or disconnects the equipment (both electronic and land-based POS terminals) provided by the System Operator within the framework of the Services.
21. Conducting mutual settlements:
• Once the transactions through the System are blocked, the parties will perform reconciliation and subsequent mutual settlement within the terms and under the conditions specified in the Agreement.
• The Merchant will return (if previously received) the land-based equipment (POS terminals) provided by the System Operator within the framework of the Services.
22. Closing access to the Personal Account:
• The Agreement shall be considered terminated provided that the parties complete mutual settlements and fulfill the obligations assumed hereunder.
• After termination of the Agreement, the System Operator blocks the Merchant's access to the Personal Account in the System.
23. Storage of data and documents:
• After termination of the Agreement, the System Operator will store the Merchant's data and documents for the period established in accordance with the Special Conditions and other Applicable Requirements.
24. Requirements for the provision of Services are determined by the following:
• Chargeback, refunds to the Cardholder
• Liability of the Parties
• Confidentiality
• Dispute resolution
• Requirements for the Merchant to use the System
25. Rights and obligations of the Parties are determined by the following:
• Rights of the Merchant
• Obligations of the Merchant
• Rights of the System Operator
• Obligations of the System Operator
26. Rights of the Merchant:
• Use the System’s functionality after the System Operator provides access to the Personal Account;
• Receive technical and information support from the System Operator in connection with the use of the System;
• Post information about cooperation with the System Operator, including the logo, trademark, company name or other means of individualization of the System Operator in the Merchant's infrastructure in accordance with the Applicable Requirements, subject to prior approval by the Parties;
• Terminate interaction with the System in accordance with the Applicable Requirements;
• File claims and demand compensation for actual damages in the event of a violation of the Applicable Requirements by the Operator;
• Use electronic and/or land-based equipment (including POS terminals) provided by the System Operator within the framework of the Services, in accordance with the Conditions of safe custody and other documents that represent integral parts of the Agreement.
27. Obligations of the Merchant:
• Use the System in accordance with the terms and conditions of the Agreement and the Applicable Requirements;
• Provide the Operator with reliable data and information required in connection with the use of the System, including connection to and disconnection from the System;
• Ensure and be responsible for the confidentiality of your identifier (login) and password for accessing the Personal Account;
• Immediately notify the System Operator of any suspected unauthorized use of the identifier and access password and functionality in the Merchant's Personal Account;
• Ensure and be responsible for the security of the infrastructure used when interacting with the System;
• Provide assistance and all necessary information when conducting investigations in accordance with the Applicable Requirements;
• Avoid using the System for illegal purposes in accordance with the Applicable Requirements, including, but not limited to, taking actions that mislead other persons regarding the Services provided by the System Operator and that may directly or indirectly damage the business reputation of the System Operator;
• Independently account for income from transactions in the System and pay taxes in accordance with the legislation of the jurisdiction;
• Avoid a negative balance of funds in the System;
• Bear full responsibility for cancelled and/or disputed transactions carried out in the System;
• Reimburse, at the request of the System Operator, confirmed actual damages incurred as a result of the Merchant's violation of the Applicable Requirements, including penalties imposed by the Payment Method within 180 (one hundred eighty) calendar days from the date of termination of the Agreement;
• Independently resolve any claims other than those directly related to the violation by the System Operator of its obligations under the Agreement;
• Post information on the terms of transactions provided by the System Operator;
• Restrict transfer of its rights and obligations under the Agreement to a third party that is not a Party to the Agreement without the written consent of the System Operator;
• Promptly inform in writing about all changes that are material for the full and timely fulfillment of obligations under the Agreement;
• Accept, store and return the received land-based equipment (including POS terminals) provided by the System Operator within the framework of the Services, in accordance with the Conditions of safe custody and other documents that represent integral parts of the Agreement.
28. Rights of the System Operator:
• Use the data and information provided by the Merchant in provision of the Services;
• Post information about cooperation with the Merchant, including the logo, trademark, company name or other means of individualization of the Merchant in the means and resources used by the System Operator in accordance with the Applicable Requirements, subject to prior approval by the Parties;
• Determine and amend the terms and conditions of the Agreement, the operation procedure and conditions, as well as the functionality of the System in accordance with the Applicable Requirements;
• Modify, expand or limit the functionality of the Merchant's Personal Account, and block the Merchant's access to the Personal Account in accordance with the Applicable Requirements;
• Suspend the operation of the System and/or the provision of Services in the event of detection of any malfunctions, errors and failures, or violation of the Applicable Requirements by the Merchant, and for the purpose of preventing unauthorized access, suspicious or fraudulent transactions;
• Request data and information from the Merchant, and take other measures necessary in connection with the provision of Services;
• File claims and demand compensation for actual damages in the event of a violation of the Applicable Requirements by the Merchant;
• Charge the commission fee stipulated by the Agreement;
• Write off the amounts of the Merchant’s unfulfilled obligations under the Agreement from the System balance without acceptance;
• Check the Merchant’s compliance with the requirements for the storage and use of the received land-based equipment (including POS terminals) provided by the System Operator within the framework of the Services, in accordance with the Conditions of safe custody and other documents representing integral parts of the Agreement.
29. Obligations of the System Operator:
• Ensure round-the-clock uninterrupted operation of the System, except for cases of suspension of the System's operation, provided for in accordance with the Applicable Requirements;
• Immediately take the necessary measures to resume the operation of the System and notify the Merchant of the reasons and terms of suspension of the System's operation;
• Ensure proper security conditions when conducting transactions, including confidentiality and protection of personal data in accordance with the Applicable Requirements;
• Provide information and technical support in connection with the provision of Services;
• Reimburse, at the Merchant’s request, confirmed actual damage incurred as a result of the violation of the Applicable Requirements by the System Operator;
• Transfer to the Merchant the equipment (including POS terminals) to be provided by the System Operator within the framework of the Services, in accordance with the Conditions of safe custody and other documents representing integral parts of the Agreement.
30. Chargeback, refunds to the Cardholder:
• If the System Operator/Bank receives a Chargeback, the System Operator shall submit a written request (in hard or electronic form) to the Merchant to provide documents confirming the fulfillment of obligations to supply goods/works/services.
• The Merchant shall provide the System Operator with the documents requested by the System Operator in accordance with the terms and conditions of the Agreement, within the period specified in the Special Terms of the Agreement.
• In the absence of the documents from the Merchant required to be submitted to the System Operator/Bank in accordance with the terms of the Agreement, or in the event of failure to submit them within the period specified in Parts 1 and 2 of Clause 30 of the Agreement, or in the event that the Merchant agrees with the failure to fulfill or improper fulfillment by the Merchant of its obligations to the Cardholder, or in the event that the Transaction is indisputably recognized by the IPS/Bank as fraudulent, the System Operator, at its own expense, shall return the Transaction amount to be returned to the Cardholder, and subsequently withhold this amount from the funds to be transferred to the Merchant's account. The Merchant hereby expresses its consent to the withholding by the System Operator of the Transaction amount returned by the System Operator or the Bank to the Cardholder from the funds to be transferred to the Merchant's account.
• Crediting of funds for Transactions to the Merchant's account by the System Operator does not mean final and indisputable recognition of the sanctioning of such Transactions. Such Transactions may be recognized as unauthorized in accordance with the legislation of the Republic of Kazakhstan, the Agreement and the IPS rules. The Merchant hereby assumes all risks associated with the possible recognition of the Transaction as fraudulent and undertakes to unconditionally return the funds to the System Operator in the event that the System Operator receives a Chargeback.
• In the event that the Bank or the System Operator identifies Transactions, the authorized nature of which arouses suspicion in the Bank or in the System Operator, the System Operator may suspend Payments for goods/works/services in the Merchant's Online Store using cards through the System Operator's Internet Payment System and crediting the Merchant's account with funds for such Transactions. The crediting of funds will be suspended for the period of investigation of the authorized nature of the Transactions, but not more than 180 (one hundred eighty) calendar days from the date of such Transaction.
• In the event that the IPS recognizes the unauthorized nature of Transactions, before the IPS System Operator assigns sanctions to the Bank, the IPS System Operator may, in order to ensure execution, not to transfer funds to the Merchant’s account for unauthorized Transactions.
• If, before the expiration of the periods stipulated by the IPS requirements for assigning sanctions for Transactions, such sanctions are assigned, the System Operator shall reimburse the IPS for the amounts of unauthorized Transactions at the expense of the Merchant.
• If, upon the expiration of the periods stipulated by the IPS requirements for assigning sanctions for Transactions, such sanctions are not assigned to the System Operator, or if the IPS recognizes the authorized nature of Transactions, the amounts for which are withheld by the System Operator in accordance with this part of the Agreement, the System Operator undertakes to return the withheld funds to the Merchant’s account.
• If the amount of Chargeback exceeds 1% (one percent) of the amount of all Transactions in relation to the Merchant preceding the date of exceeding the specified percentage ratio, the System Operator may suspend processing of Transactions (including crediting funds to the Merchant's accounts) for a period of up to 180 (one hundred eighty) calendar days.
• If information is reflected in the IPS reports on questionable card transactions and/or the amount of Chargeback for the Merchant's transactions exceeds 5% of the amount of all Merchant’s transactions for one year, the System Operator may stop processing the Merchant's transactions, including crediting funds to the Merchant's account.
31. The liability of the Parties is determined by the following:
• Liability of the Parties
• Limitation of Liability
• Force Majeure
32. Liability of the Parties:
• The Merchant shall be fully liable to the System Operator for the actions of persons having access to the Online Store management, with respect to Payments and Payouts made through the System in violation of the requirements of the Agreement, as well as for actions against the System Operator and the Settlement Participants.
• The System Operator shall be fully liable to the Merchant for the actions of persons having access to the System management, with respect to Payments and Payouts made through the System in violation of the requirements of the Agreement, as well as for actions against the Settlement Participants.
• The Merchant shall be fully liable for any damages caused to the System Operator and third parties as a result of its failure to comply with the Applicable Requirements in carrying out its activities, including carrying out activities through the System.
• The System Operator shall be fully liable for any damages caused to third parties, the Merchant as a result of its failure to comply with the Applicable Requirements in carrying out its activities, including carrying out activities through its own System.
• In the event that the System Operator incurs any damages due to the Merchant’s actions or inactions in connection with claims submitted by Cardholders due to the Merchant’s failure to fulfill its obligations to Cardholders, the Merchant will be obliged to compensate for such damages in full.
• In the event that the System Operator incurs any actual damages related to the Merchant’s actions or inactions due to the Merchant’s improper and/or untimely fulfillment of its obligations to the System Operator, the Merchant will be obliged to compensate for such damages in full.
• The Parties shall be liable for disclosure or loss of confidential information specified in the Agreement in accordance with the current Applicable Requirements.
• The Merchant shall reimburse the System Operator for any losses incurred by it, if such losses were related to the sale of the Merchant's GWS prohibited for sale in accordance with the Applicable Requirements and prohibited for sale via the Internet in accordance with the Rules of the International Payment Systems.
• The Merchant shall reimburse the System Operator for fines and losses caused by fines as part of violations of the IPS due to the Merchant’s fault.
• If the actions of one of the Parties result in losses (including actual damage and lost profits) and/or damage to the business reputation of the other Party, the Party at fault shall reimburse the injured Party for the losses/damage caused, the amount of which is indicated in the written claim submitted by the injured Party and can be adjusted by mutual agreement signed by both Parties.
• The Parties shall stipulate in each individual case the procedure for compensation for losses and/or damage.
33. The System Operator shall not be liable to the Merchant in the following cases:
• the Merchant providing access to the Personal Account to third parties or other violation of privacy obligations;
• the presence of malicious software when accessing the Personal Account and/or interacting with the System;
• any disputes regarding transactions for the supply of goods, services or other transactions concluded by the Merchant using the System;
• claims of tax, regulatory and law enforcement agencies against the Merchant regarding reporting or taxation on its transactions using the System;
• temporary inoperability of the System associated with failures and errors in the operation of hardware or software that did not occur due to intentional actions or inaction of the System Operator (including, but not limited to, disconnection or damage to power supply and communication networks, failures in the operation of software, Internet providers, Payment systems, the Bank, other communication channels and utilities that are provided and serviced by third parties);
• failure to contact the Merchant due to the Merchant providing false data and information or failure to provide updated data and information;
• failure of the Merchant to familiarize itself with the current version of the terms and conditions of the Agreement or the Applicable Requirements;
• violation of the Applicable Requirements by the Merchant or the Merchant's clients;
• incorrect or erroneous formation of orders by the Merchant in the Personal Account;
• erroneous or incorrect transfer of the Payment Instruction to the System Operator;
• incorrect completion and/or transfer of incorrect Payment Instruction data to the System Operator;
• indirect losses that exceed the actual damage, including: lost profits from loss and/or non-receipt of contracts, clients, time, data, reputation or other resources;
• inaccuracy of information posted on the Merchant's information resources.
34. Force Majeure Circumstances (hereinafter referred to as Force Majeure):
• The Parties shall be released from liability for partial or complete failure to fulfill obligations under the Agreement if such failure was a consequence of force majeure events, which include events that the Parties could not foresee or prevent, including, but not limited to: natural disasters, military actions, strikes, mass riots, other circumstances that entail equipment failures, software failures and data transmission system failures, as well as the issuance of acts by government bodies, the entry into force of legislative acts, governmental regulations, orders of government bodies and administration that are mandatory for one of the Parties and impede the fulfillment of obligations under the Agreement.
• In the event of force majeure circumstances, each Party that fails to fulfill its obligations under the Agreement shall be obliged to take measures to notify the other Party in writing within 7 (seven) calendar days from the date of occurrence of such circumstances.
35. Privacy:
• The Parties undertake not to disclose information received during the execution of the Agreement that is confidential for each of the Parties, except of responsible persons of the Parties authorized to receive and transmit information on behalf of each of the Parties in connection with the fulfillment of obligations under the Agreement. Confidential information as per the Agreement means information that is not publicly available, the disclosure of which may lead to losses and/or affect the business reputation of either Party, including information about clients, amounts and volumes of transactions, commission fees and other trade information of the Parties.
• Entry into the Agreement and the subject of the Agreement shall not be deemed confidential.
• Confidential information may be provided to third parties only in the manner established by the Applicable Requirements, for the fulfillment of the terms and conditions of the Agreement or upon prior written agreement with the Party whose information may be disclosed (with a detailed indication of the nature of the information, indication of the third party, purposes, reasons and other material matters related to the information).
• In the event of termination of the Agreement, the Parties undertake not to disclose or use in their own interests and/or in the interests of third parties the information received without the written permission of the relevant Party that provided the information.
36. Dispute resolution:
• In all matters not provided for by the terms of the Agreement, the Parties shall follow the Governing Law defined in the Special Terms.
• All disputes and discrepancies arising from or in connection with the Agreement shall, if possible, be resolved through negotiations between the Parties.
• The claim filing procedure is set out in the Applicable Requirement.
• If the Parties fail to reach an agreement, disputes and discrepancies shall be resolved in the court determined in the Special Terms of the Agreement.
• The Parties agree that the data and information provided by them in written or electronic form will be taken into account when considering any disputes and discrepancies related to the Agreement.
37. Duration and termination of obligations:
• Unless otherwise specified in the Special Conditions, the Agreement is concluded for an indefinite period.
• The Parties undertake to immediately notify each other of changes in their bank and postal details, as well as of any changes in their legal status that may significantly affect the fulfillment of obligations by the Parties to the Agreement. Until the receipt of the notification, obligations fulfilled according to the details provided earlier shall be considered to have been fulfilled properly.
• Unless otherwise specified in the Special Conditions, the Agreement may be terminated at the initiative of either Party by sending the other Party a written notice, duly sealed and signed by an authorized person, of the intention to terminate the Agreement at least 30 (thirty) calendar days before such termination.
• The Agreement shall be considered terminated provided that the Parties fulfill all obligations under the Agreement. In this case, the Merchant’s obligations to compensate the System Operator for confirmed actual damages for penalties imposed by the Payment Method as a result of the Merchant’s violation of the Applicable Requirements shall remain in force for 180 (one hundred eighty) calendar days from the date of termination of the Agreement.
• Upon the Merchant’s request, the Agreement may be suspended for a period not exceeding 10 (ten) calendar days. The basis for suspension of the Agreement is the written consent of the System Operator to the Merchant's request, containing the terms of suspension and the procedure for resuming the Agreement.
• The Agreement may be terminated unilaterally at the initiative of the System Operator without observing the deadlines provided for in Part 3 of Clause 37 of the Agreement in the event of refusal of payment services and the acquiring bank to service the Acceptance of the Merchant’s Payments and Payouts, regardless of the reason for such refusal.
• The Agreement may be terminated unilaterally at the initiative of the System Operator without observing the deadlines provided for in Part 3 of Clause 37 of the Agreement, if the Merchant violates its obligations under the Agreement.
• The Agreement may be terminated unilaterally at the initiative of the System Operator without observing the deadlines provided for in Part 3 of Clause 37 of the Agreement, if during the study of transactions performed by the Merchant, suspicions arise that the business relations under this Agreement are used by the Merchant for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.
• The Agreement may be terminated unilaterally at the initiative of the Merchant without observing the deadlines stipulated in Part 3 of Clause 37 of the Agreement, in the event of a breach by the System Operator of its obligations under the Agreement.
• In the event of unilateral termination of the Agreement, the initiating Party shall send written Agreement Termination Notification by mail with receipt confirmation or by courier. The Agreement shall be deemed terminated from the date the other Party receives such notification.
• In the event of unilateral termination of the Agreement, the System Operator shall disconnect the Merchant from the System on the day the Agreement Termination Notification is delivered to the Party.
38. System usage requirements for the Merchant are determined by the following:
• List of prohibited GWS
• Merchant’s infrastructure requirements
39. List of prohibited GWS:
• software containing source code that is aimed at illegal use of data and information and/or harm to the user (including, but not limited to: hacking of user account; unauthorized violation of the integrity and/or deletion and/or modification and/or copying of data and information);
• any products or services that violate the public morality norms and public order (including, but not limited to: prostitution and pornographic materials; materials aimed at promoting interethnic, ethnic, racial or religious hatred, discrimination, violence, terrorism, causing harm; distribution of information that violates the confidentiality, honor, dignity and business reputation of individuals and legal entities);
• illegal distribution of weapons, narcotic and psychotropic substances and precursors;
• any products or services related to the illegal use of intellectual property, as well as state, commercial, banking and other protected information;
• any products or services provided without the required permits (licenses);
• any products or services aimed at the legalization (laundering) of proceeds and (or) other property obtained by criminal means;
• other GWS prohibited in accordance with the Applicable Requirements.
40. Merchant’s infrastructure requirements:
• Website, user application and other Interaction Interfaces between the Merchant and the user (hereinafter referred to as the Interfaces) must function in accordance with the purpose declared to the user;
• The Interfaces must have a static IP address (Confirmation letter upon additional request of the System Operator). The Interfaces may be located on a paid hosting (Virtual, VPS, VDS), in data processing center (collocation) owned or rented by the Merchant or in server room at the actual location of the Merchant in the rented space.
• It is prohibited to place graphic, textual information (including hidden information) of a sexual, narcotic, political, nationalistic nature in the Interfaces of Interaction, as well as to place links to this information in the Interaction Interfaces.
• A Merchant who has pick-up points shall post information about their location (actual address, directions) on the website.
• The Interaction Interfaces must contain information about the legal entity (actual address, TIN/BIN, and contact details of employees responsible for communication with clients).
• The Interaction Interfaces must contain documents required to complete a transaction between the Merchant and clients in accordance with the requirements of the Governing Law (public offer and other documents). In this case, the public offer must indicate the date of its last approval and posting.
• The Interaction Interfaces must contain information (textual, graphic) about licenses, permits from the manufacturer or government agencies for the products (services) being sold, allowing to clearly establish to whom, by whom, for what period, for what type of activity or for what GWS these documents were issued (for licensed activities).
• The Interaction Interfaces must contain information about the measures taken by the Merchant to ensure the security of payments using a plastic card, instructions for making payments using a plastic card, rules for the return of payments, goods and the resolution of disputes in accordance with the requirements of the Governing Law.
• The Interaction Interfaces shall not contain broken pages (corresponding to HTTP compliance codes 301, 302, 401, 403, 404, 502); links, whose transition direction does not match the business logic of the Interaction Interfaces; links, whose transition direction does not match the one declared in the Interaction Interfaces; and pages/links redirecting to other websites (without explicitly indicating a redirection).
• Payment mechanism supported by 3D Secure and money refund mechanism between the Merchant and the System Operator must be pre-defined and tested.
• The declared GWS categories reflected in the Merchant’s Questionnaire must correspond to the GWS categories in the Interaction Interfaces.
• The Interaction Interfaces must support a secure HTTPS connection with valid certificate type of at least SSL123.
• If a personal account is implemented through the Interaction Interfaces, then:
• the user authentication process must be protected by HTTPS;
• registration of a new user must be secured by HTTPS and protected against password guessing by robots;
• order placement process (with entering contact information, choosing a delivery method, etc.) must be secured by HTTPS and protected against password guessing by robots;
• If there is no personal account in the Interaction Interfaces, then:
• order placement process (with entering contact information, choosing a delivery method, etc.) must be secured by HTTPS and protected against password guessing by robots;
• The control (administrator) panel of the Interaction Interfaces, if any, must be must be secured by HTTPS and protected against password guessing by robots.
• The Interaction Interfaces must indicate the description and prices of the GWS;
• The description and prices of the GWS displayed in the Interaction Interfaces must correspond to the current description and prices of the GWS being supplied within the framework of the Merchant's data transfer to the System;
• Interaction Interfaces must contain up-to-date terms of delivery of goods, including regarding the returned goods, as well as information on the terms of operations provided for placement by the System Operator.
• Agreement termination notification
• Blocking transactions
• Return of equipment
• Conducting mutual settlements
• Closing access to the Personal Account
• Storing documents
18. Agreement termination notification:
• The Party initiating disconnection from the System sends the other Party an Agreement termination notification in accordance with the requirements of the Agreement, indicating the date and reasons (if any) for such termination.
• The termination period is set out in accordance with the requirements of the Agreement.
19. Blocking transactions:
• The Party initiating disconnection from the System blocks transactions through the System from the date of sending the Agreement termination notification.
• The Party that received the Agreement termination notification blocks transactions through the System from the date of receipt of such notice, unless otherwise specified in the Special Conditions.
20. Return/disconnection of equipment:
• The Merchant returns and/or disconnects the equipment (both electronic and land-based POS terminals) provided by the System Operator within the framework of the Services.
21. Conducting mutual settlements:
• Once the transactions through the System are blocked, the parties will perform reconciliation and subsequent mutual settlement within the terms and under the conditions specified in the Agreement.
• The Merchant will return (if previously received) the land-based equipment (POS terminals) provided by the System Operator within the framework of the Services.
22. Closing access to the Personal Account:
• The Agreement shall be considered terminated provided that the parties complete mutual settlements and fulfill the obligations assumed hereunder.
• After termination of the Agreement, the System Operator blocks the Merchant's access to the Personal Account in the System.
23. Storage of data and documents:
• After termination of the Agreement, the System Operator will store the Merchant's data and documents for the period established in accordance with the Special Conditions and other Applicable Requirements.
24. Requirements for the provision of Services are determined by the following:
• Chargeback, refunds to the Cardholder
• Liability of the Parties
• Confidentiality
• Dispute resolution
• Requirements for the Merchant to use the System
25. Rights and obligations of the Parties are determined by the following:
• Rights of the Merchant
• Obligations of the Merchant
• Rights of the System Operator
• Obligations of the System Operator
26. Rights of the Merchant:
• Use the System’s functionality after the System Operator provides access to the Personal Account;
• Receive technical and information support from the System Operator in connection with the use of the System;
• Post information about cooperation with the System Operator, including the logo, trademark, company name or other means of individualization of the System Operator in the Merchant's infrastructure in accordance with the Applicable Requirements, subject to prior approval by the Parties;
• Terminate interaction with the System in accordance with the Applicable Requirements;
• File claims and demand compensation for actual damages in the event of a violation of the Applicable Requirements by the Operator;
• Use electronic and/or land-based equipment (including POS terminals) provided by the System Operator within the framework of the Services, in accordance with the Conditions of safe custody and other documents that represent integral parts of the Agreement.
27. Obligations of the Merchant:
• Use the System in accordance with the terms and conditions of the Agreement and the Applicable Requirements;
• Provide the Operator with reliable data and information required in connection with the use of the System, including connection to and disconnection from the System;
• Ensure and be responsible for the confidentiality of your identifier (login) and password for accessing the Personal Account;
• Immediately notify the System Operator of any suspected unauthorized use of the identifier and access password and functionality in the Merchant's Personal Account;
• Ensure and be responsible for the security of the infrastructure used when interacting with the System;
• Provide assistance and all necessary information when conducting investigations in accordance with the Applicable Requirements;
• Avoid using the System for illegal purposes in accordance with the Applicable Requirements, including, but not limited to, taking actions that mislead other persons regarding the Services provided by the System Operator and that may directly or indirectly damage the business reputation of the System Operator;
• Independently account for income from transactions in the System and pay taxes in accordance with the legislation of the jurisdiction;
• Avoid a negative balance of funds in the System;
• Bear full responsibility for cancelled and/or disputed transactions carried out in the System;
• Reimburse, at the request of the System Operator, confirmed actual damages incurred as a result of the Merchant's violation of the Applicable Requirements, including penalties imposed by the Payment Method within 180 (one hundred eighty) calendar days from the date of termination of the Agreement;
• Independently resolve any claims other than those directly related to the violation by the System Operator of its obligations under the Agreement;
• Post information on the terms of transactions provided by the System Operator;
• Restrict transfer of its rights and obligations under the Agreement to a third party that is not a Party to the Agreement without the written consent of the System Operator;
• Promptly inform in writing about all changes that are material for the full and timely fulfillment of obligations under the Agreement;
• Accept, store and return the received land-based equipment (including POS terminals) provided by the System Operator within the framework of the Services, in accordance with the Conditions of safe custody and other documents that represent integral parts of the Agreement.
28. Rights of the System Operator:
• Use the data and information provided by the Merchant in provision of the Services;
• Post information about cooperation with the Merchant, including the logo, trademark, company name or other means of individualization of the Merchant in the means and resources used by the System Operator in accordance with the Applicable Requirements, subject to prior approval by the Parties;
• Determine and amend the terms and conditions of the Agreement, the operation procedure and conditions, as well as the functionality of the System in accordance with the Applicable Requirements;
• Modify, expand or limit the functionality of the Merchant's Personal Account, and block the Merchant's access to the Personal Account in accordance with the Applicable Requirements;
• Suspend the operation of the System and/or the provision of Services in the event of detection of any malfunctions, errors and failures, or violation of the Applicable Requirements by the Merchant, and for the purpose of preventing unauthorized access, suspicious or fraudulent transactions;
• Request data and information from the Merchant, and take other measures necessary in connection with the provision of Services;
• File claims and demand compensation for actual damages in the event of a violation of the Applicable Requirements by the Merchant;
• Charge the commission fee stipulated by the Agreement;
• Write off the amounts of the Merchant’s unfulfilled obligations under the Agreement from the System balance without acceptance;
• Check the Merchant’s compliance with the requirements for the storage and use of the received land-based equipment (including POS terminals) provided by the System Operator within the framework of the Services, in accordance with the Conditions of safe custody and other documents representing integral parts of the Agreement.
29. Obligations of the System Operator:
• Ensure round-the-clock uninterrupted operation of the System, except for cases of suspension of the System's operation, provided for in accordance with the Applicable Requirements;
• Immediately take the necessary measures to resume the operation of the System and notify the Merchant of the reasons and terms of suspension of the System's operation;
• Ensure proper security conditions when conducting transactions, including confidentiality and protection of personal data in accordance with the Applicable Requirements;
• Provide information and technical support in connection with the provision of Services;
• Reimburse, at the Merchant’s request, confirmed actual damage incurred as a result of the violation of the Applicable Requirements by the System Operator;
• Transfer to the Merchant the equipment (including POS terminals) to be provided by the System Operator within the framework of the Services, in accordance with the Conditions of safe custody and other documents representing integral parts of the Agreement.
30. Chargeback, refunds to the Cardholder:
• If the System Operator/Bank receives a Chargeback, the System Operator shall submit a written request (in hard or electronic form) to the Merchant to provide documents confirming the fulfillment of obligations to supply goods/works/services.
• The Merchant shall provide the System Operator with the documents requested by the System Operator in accordance with the terms and conditions of the Agreement, within the period specified in the Special Terms of the Agreement.
• In the absence of the documents from the Merchant required to be submitted to the System Operator/Bank in accordance with the terms of the Agreement, or in the event of failure to submit them within the period specified in Parts 1 and 2 of Clause 30 of the Agreement, or in the event that the Merchant agrees with the failure to fulfill or improper fulfillment by the Merchant of its obligations to the Cardholder, or in the event that the Transaction is indisputably recognized by the IPS/Bank as fraudulent, the System Operator, at its own expense, shall return the Transaction amount to be returned to the Cardholder, and subsequently withhold this amount from the funds to be transferred to the Merchant's account. The Merchant hereby expresses its consent to the withholding by the System Operator of the Transaction amount returned by the System Operator or the Bank to the Cardholder from the funds to be transferred to the Merchant's account.
• Crediting of funds for Transactions to the Merchant's account by the System Operator does not mean final and indisputable recognition of the sanctioning of such Transactions. Such Transactions may be recognized as unauthorized in accordance with the legislation of the Republic of Kazakhstan, the Agreement and the IPS rules. The Merchant hereby assumes all risks associated with the possible recognition of the Transaction as fraudulent and undertakes to unconditionally return the funds to the System Operator in the event that the System Operator receives a Chargeback.
• In the event that the Bank or the System Operator identifies Transactions, the authorized nature of which arouses suspicion in the Bank or in the System Operator, the System Operator may suspend Payments for goods/works/services in the Merchant's Online Store using cards through the System Operator's Internet Payment System and crediting the Merchant's account with funds for such Transactions. The crediting of funds will be suspended for the period of investigation of the authorized nature of the Transactions, but not more than 180 (one hundred eighty) calendar days from the date of such Transaction.
• In the event that the IPS recognizes the unauthorized nature of Transactions, before the IPS System Operator assigns sanctions to the Bank, the IPS System Operator may, in order to ensure execution, not to transfer funds to the Merchant’s account for unauthorized Transactions.
• If, before the expiration of the periods stipulated by the IPS requirements for assigning sanctions for Transactions, such sanctions are assigned, the System Operator shall reimburse the IPS for the amounts of unauthorized Transactions at the expense of the Merchant.
• If, upon the expiration of the periods stipulated by the IPS requirements for assigning sanctions for Transactions, such sanctions are not assigned to the System Operator, or if the IPS recognizes the authorized nature of Transactions, the amounts for which are withheld by the System Operator in accordance with this part of the Agreement, the System Operator undertakes to return the withheld funds to the Merchant’s account.
• If the amount of Chargeback exceeds 1% (one percent) of the amount of all Transactions in relation to the Merchant preceding the date of exceeding the specified percentage ratio, the System Operator may suspend processing of Transactions (including crediting funds to the Merchant's accounts) for a period of up to 180 (one hundred eighty) calendar days.
• If information is reflected in the IPS reports on questionable card transactions and/or the amount of Chargeback for the Merchant's transactions exceeds 5% of the amount of all Merchant’s transactions for one year, the System Operator may stop processing the Merchant's transactions, including crediting funds to the Merchant's account.
31. The liability of the Parties is determined by the following:
• Liability of the Parties
• Limitation of Liability
• Force Majeure
32. Liability of the Parties:
• The Merchant shall be fully liable to the System Operator for the actions of persons having access to the Online Store management, with respect to Payments and Payouts made through the System in violation of the requirements of the Agreement, as well as for actions against the System Operator and the Settlement Participants.
• The System Operator shall be fully liable to the Merchant for the actions of persons having access to the System management, with respect to Payments and Payouts made through the System in violation of the requirements of the Agreement, as well as for actions against the Settlement Participants.
• The Merchant shall be fully liable for any damages caused to the System Operator and third parties as a result of its failure to comply with the Applicable Requirements in carrying out its activities, including carrying out activities through the System.
• The System Operator shall be fully liable for any damages caused to third parties, the Merchant as a result of its failure to comply with the Applicable Requirements in carrying out its activities, including carrying out activities through its own System.
• In the event that the System Operator incurs any damages due to the Merchant’s actions or inactions in connection with claims submitted by Cardholders due to the Merchant’s failure to fulfill its obligations to Cardholders, the Merchant will be obliged to compensate for such damages in full.
• In the event that the System Operator incurs any actual damages related to the Merchant’s actions or inactions due to the Merchant’s improper and/or untimely fulfillment of its obligations to the System Operator, the Merchant will be obliged to compensate for such damages in full.
• The Parties shall be liable for disclosure or loss of confidential information specified in the Agreement in accordance with the current Applicable Requirements.
• The Merchant shall reimburse the System Operator for any losses incurred by it, if such losses were related to the sale of the Merchant's GWS prohibited for sale in accordance with the Applicable Requirements and prohibited for sale via the Internet in accordance with the Rules of the International Payment Systems.
• The Merchant shall reimburse the System Operator for fines and losses caused by fines as part of violations of the IPS due to the Merchant’s fault.
• If the actions of one of the Parties result in losses (including actual damage and lost profits) and/or damage to the business reputation of the other Party, the Party at fault shall reimburse the injured Party for the losses/damage caused, the amount of which is indicated in the written claim submitted by the injured Party and can be adjusted by mutual agreement signed by both Parties.
• The Parties shall stipulate in each individual case the procedure for compensation for losses and/or damage.
33. The System Operator shall not be liable to the Merchant in the following cases:
• the Merchant providing access to the Personal Account to third parties or other violation of privacy obligations;
• the presence of malicious software when accessing the Personal Account and/or interacting with the System;
• any disputes regarding transactions for the supply of goods, services or other transactions concluded by the Merchant using the System;
• claims of tax, regulatory and law enforcement agencies against the Merchant regarding reporting or taxation on its transactions using the System;
• temporary inoperability of the System associated with failures and errors in the operation of hardware or software that did not occur due to intentional actions or inaction of the System Operator (including, but not limited to, disconnection or damage to power supply and communication networks, failures in the operation of software, Internet providers, Payment systems, the Bank, other communication channels and utilities that are provided and serviced by third parties);
• failure to contact the Merchant due to the Merchant providing false data and information or failure to provide updated data and information;
• failure of the Merchant to familiarize itself with the current version of the terms and conditions of the Agreement or the Applicable Requirements;
• violation of the Applicable Requirements by the Merchant or the Merchant's clients;
• incorrect or erroneous formation of orders by the Merchant in the Personal Account;
• erroneous or incorrect transfer of the Payment Instruction to the System Operator;
• incorrect completion and/or transfer of incorrect Payment Instruction data to the System Operator;
• indirect losses that exceed the actual damage, including: lost profits from loss and/or non-receipt of contracts, clients, time, data, reputation or other resources;
• inaccuracy of information posted on the Merchant's information resources.
34. Force Majeure Circumstances (hereinafter referred to as Force Majeure):
• The Parties shall be released from liability for partial or complete failure to fulfill obligations under the Agreement if such failure was a consequence of force majeure events, which include events that the Parties could not foresee or prevent, including, but not limited to: natural disasters, military actions, strikes, mass riots, other circumstances that entail equipment failures, software failures and data transmission system failures, as well as the issuance of acts by government bodies, the entry into force of legislative acts, governmental regulations, orders of government bodies and administration that are mandatory for one of the Parties and impede the fulfillment of obligations under the Agreement.
• In the event of force majeure circumstances, each Party that fails to fulfill its obligations under the Agreement shall be obliged to take measures to notify the other Party in writing within 7 (seven) calendar days from the date of occurrence of such circumstances.
35. Privacy:
• The Parties undertake not to disclose information received during the execution of the Agreement that is confidential for each of the Parties, except of responsible persons of the Parties authorized to receive and transmit information on behalf of each of the Parties in connection with the fulfillment of obligations under the Agreement. Confidential information as per the Agreement means information that is not publicly available, the disclosure of which may lead to losses and/or affect the business reputation of either Party, including information about clients, amounts and volumes of transactions, commission fees and other trade information of the Parties.
• Entry into the Agreement and the subject of the Agreement shall not be deemed confidential.
• Confidential information may be provided to third parties only in the manner established by the Applicable Requirements, for the fulfillment of the terms and conditions of the Agreement or upon prior written agreement with the Party whose information may be disclosed (with a detailed indication of the nature of the information, indication of the third party, purposes, reasons and other material matters related to the information).
• In the event of termination of the Agreement, the Parties undertake not to disclose or use in their own interests and/or in the interests of third parties the information received without the written permission of the relevant Party that provided the information.
36. Dispute resolution:
• In all matters not provided for by the terms of the Agreement, the Parties shall follow the Governing Law defined in the Special Terms.
• All disputes and discrepancies arising from or in connection with the Agreement shall, if possible, be resolved through negotiations between the Parties.
• The claim filing procedure is set out in the Applicable Requirement.
• If the Parties fail to reach an agreement, disputes and discrepancies shall be resolved in the court determined in the Special Terms of the Agreement.
• The Parties agree that the data and information provided by them in written or electronic form will be taken into account when considering any disputes and discrepancies related to the Agreement.
37. Duration and termination of obligations:
• Unless otherwise specified in the Special Conditions, the Agreement is concluded for an indefinite period.
• The Parties undertake to immediately notify each other of changes in their bank and postal details, as well as of any changes in their legal status that may significantly affect the fulfillment of obligations by the Parties to the Agreement. Until the receipt of the notification, obligations fulfilled according to the details provided earlier shall be considered to have been fulfilled properly.
• Unless otherwise specified in the Special Conditions, the Agreement may be terminated at the initiative of either Party by sending the other Party a written notice, duly sealed and signed by an authorized person, of the intention to terminate the Agreement at least 30 (thirty) calendar days before such termination.
• The Agreement shall be considered terminated provided that the Parties fulfill all obligations under the Agreement. In this case, the Merchant’s obligations to compensate the System Operator for confirmed actual damages for penalties imposed by the Payment Method as a result of the Merchant’s violation of the Applicable Requirements shall remain in force for 180 (one hundred eighty) calendar days from the date of termination of the Agreement.
• Upon the Merchant’s request, the Agreement may be suspended for a period not exceeding 10 (ten) calendar days. The basis for suspension of the Agreement is the written consent of the System Operator to the Merchant's request, containing the terms of suspension and the procedure for resuming the Agreement.
• The Agreement may be terminated unilaterally at the initiative of the System Operator without observing the deadlines provided for in Part 3 of Clause 37 of the Agreement in the event of refusal of payment services and the acquiring bank to service the Acceptance of the Merchant’s Payments and Payouts, regardless of the reason for such refusal.
• The Agreement may be terminated unilaterally at the initiative of the System Operator without observing the deadlines provided for in Part 3 of Clause 37 of the Agreement, if the Merchant violates its obligations under the Agreement.
• The Agreement may be terminated unilaterally at the initiative of the System Operator without observing the deadlines provided for in Part 3 of Clause 37 of the Agreement, if during the study of transactions performed by the Merchant, suspicions arise that the business relations under this Agreement are used by the Merchant for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.
• The Agreement may be terminated unilaterally at the initiative of the Merchant without observing the deadlines stipulated in Part 3 of Clause 37 of the Agreement, in the event of a breach by the System Operator of its obligations under the Agreement.
• In the event of unilateral termination of the Agreement, the initiating Party shall send written Agreement Termination Notification by mail with receipt confirmation or by courier. The Agreement shall be deemed terminated from the date the other Party receives such notification.
• In the event of unilateral termination of the Agreement, the System Operator shall disconnect the Merchant from the System on the day the Agreement Termination Notification is delivered to the Party.
38. System usage requirements for the Merchant are determined by the following:
• List of prohibited GWS
• Merchant’s infrastructure requirements
39. List of prohibited GWS:
• software containing source code that is aimed at illegal use of data and information and/or harm to the user (including, but not limited to: hacking of user account; unauthorized violation of the integrity and/or deletion and/or modification and/or copying of data and information);
• any products or services that violate the public morality norms and public order (including, but not limited to: prostitution and pornographic materials; materials aimed at promoting interethnic, ethnic, racial or religious hatred, discrimination, violence, terrorism, causing harm; distribution of information that violates the confidentiality, honor, dignity and business reputation of individuals and legal entities);
• illegal distribution of weapons, narcotic and psychotropic substances and precursors;
• any products or services related to the illegal use of intellectual property, as well as state, commercial, banking and other protected information;
• any products or services provided without the required permits (licenses);
• any products or services aimed at the legalization (laundering) of proceeds and (or) other property obtained by criminal means;
• other GWS prohibited in accordance with the Applicable Requirements.
40. Merchant’s infrastructure requirements:
• Website, user application and other Interaction Interfaces between the Merchant and the user (hereinafter referred to as the Interfaces) must function in accordance with the purpose declared to the user;
• The Interfaces must have a static IP address (Confirmation letter upon additional request of the System Operator). The Interfaces may be located on a paid hosting (Virtual, VPS, VDS), in data processing center (collocation) owned or rented by the Merchant or in server room at the actual location of the Merchant in the rented space.
• It is prohibited to place graphic, textual information (including hidden information) of a sexual, narcotic, political, nationalistic nature in the Interfaces of Interaction, as well as to place links to this information in the Interaction Interfaces.
• A Merchant who has pick-up points shall post information about their location (actual address, directions) on the website.
• The Interaction Interfaces must contain information about the legal entity (actual address, TIN/BIN, and contact details of employees responsible for communication with clients).
• The Interaction Interfaces must contain documents required to complete a transaction between the Merchant and clients in accordance with the requirements of the Governing Law (public offer and other documents). In this case, the public offer must indicate the date of its last approval and posting.
• The Interaction Interfaces must contain information (textual, graphic) about licenses, permits from the manufacturer or government agencies for the products (services) being sold, allowing to clearly establish to whom, by whom, for what period, for what type of activity or for what GWS these documents were issued (for licensed activities).
• The Interaction Interfaces must contain information about the measures taken by the Merchant to ensure the security of payments using a plastic card, instructions for making payments using a plastic card, rules for the return of payments, goods and the resolution of disputes in accordance with the requirements of the Governing Law.
• The Interaction Interfaces shall not contain broken pages (corresponding to HTTP compliance codes 301, 302, 401, 403, 404, 502); links, whose transition direction does not match the business logic of the Interaction Interfaces; links, whose transition direction does not match the one declared in the Interaction Interfaces; and pages/links redirecting to other websites (without explicitly indicating a redirection).
• Payment mechanism supported by 3D Secure and money refund mechanism between the Merchant and the System Operator must be pre-defined and tested.
• The declared GWS categories reflected in the Merchant’s Questionnaire must correspond to the GWS categories in the Interaction Interfaces.
• The Interaction Interfaces must support a secure HTTPS connection with valid certificate type of at least SSL123.
• If a personal account is implemented through the Interaction Interfaces, then:
• the user authentication process must be protected by HTTPS;
• registration of a new user must be secured by HTTPS and protected against password guessing by robots;
• order placement process (with entering contact information, choosing a delivery method, etc.) must be secured by HTTPS and protected against password guessing by robots;
• If there is no personal account in the Interaction Interfaces, then:
• order placement process (with entering contact information, choosing a delivery method, etc.) must be secured by HTTPS and protected against password guessing by robots;
• The control (administrator) panel of the Interaction Interfaces, if any, must be must be secured by HTTPS and protected against password guessing by robots.
• The Interaction Interfaces must indicate the description and prices of the GWS;
• The description and prices of the GWS displayed in the Interaction Interfaces must correspond to the current description and prices of the GWS being supplied within the framework of the Merchant's data transfer to the System;
• Interaction Interfaces must contain up-to-date terms of delivery of goods, including regarding the returned goods, as well as information on the terms of operations provided for placement by the System Operator.
41. Guarantees:
• The Merchant received consent from the personal data subjects, including holders of bank (payment) cards, whose personal data is contained in the documents and information received by the Freedom Pay System Operator from the Merchant, to process and transfer such personal data in accordance with the governing law specified in the Agreement with the Freedom Pay System Operator. In this case, the Merchant undertakes to provide, upon request of the Freedom Pay System Operator, confirmation of receipt of such consent from the personal data subjects;
• The Merchant agrees with the transfer by the Freedom Pay System Operator of its personal data, as well as the personal data of the personal data subjects to third parties, subject to the availability of duly concluded agreements between the Freedom Pay System Operator and such third parties;
• The Merchant undertakes to compensate for losses, including by means of direct debiting of funds subject to transfer to the Merchant, incurred by the Freedom Pay System Operator in relation to transactions performed in violation by the Merchant of the requirements of the governing law and obligations assumed under the Agreement with the Freedom Pay System Operator.
• the Merchant’s obligations to supply goods and/or perform works and/or provide services, including their quality, safety and legality, will not entail any obligations for the Freedom Pay System Operator. The Merchant shall fully compensate the Freedom Pay System Operator for any losses that the Freedom Pay System Operator incurs in connection with any claim or dispute arising in relation to goods and/or works and/or services supplied/performed/provided by the Merchant;
• the Merchant legally owns and/or has the rights and required permits (licenses) for any intellectual property used and/or the type of activity carried out, evidence of which shall be provided by the Merchant to the Freedom Pay System Operator.
42. Instructions:
• The Merchant shall instruct and authorize the Freedom Pay System Operator to submit applications and other documents to banks and other organizations in the interests of the Merchant for the conclusion and execution of agreements, aimed at ensuring information and technological interaction for settlement of payment transactions from individuals to the Merchant and/or payments from the Merchant to individuals for goods and/or works and/or services, including those using bank (payment) cards and electronic money.
Special Conditions
Special conditions were defined to supplement the General Conditions depending on the conditions of the Bank and the Governing Law.
• The Merchant received consent from the personal data subjects, including holders of bank (payment) cards, whose personal data is contained in the documents and information received by the Freedom Pay System Operator from the Merchant, to process and transfer such personal data in accordance with the governing law specified in the Agreement with the Freedom Pay System Operator. In this case, the Merchant undertakes to provide, upon request of the Freedom Pay System Operator, confirmation of receipt of such consent from the personal data subjects;
• The Merchant agrees with the transfer by the Freedom Pay System Operator of its personal data, as well as the personal data of the personal data subjects to third parties, subject to the availability of duly concluded agreements between the Freedom Pay System Operator and such third parties;
• The Merchant undertakes to compensate for losses, including by means of direct debiting of funds subject to transfer to the Merchant, incurred by the Freedom Pay System Operator in relation to transactions performed in violation by the Merchant of the requirements of the governing law and obligations assumed under the Agreement with the Freedom Pay System Operator.
• the Merchant’s obligations to supply goods and/or perform works and/or provide services, including their quality, safety and legality, will not entail any obligations for the Freedom Pay System Operator. The Merchant shall fully compensate the Freedom Pay System Operator for any losses that the Freedom Pay System Operator incurs in connection with any claim or dispute arising in relation to goods and/or works and/or services supplied/performed/provided by the Merchant;
• the Merchant legally owns and/or has the rights and required permits (licenses) for any intellectual property used and/or the type of activity carried out, evidence of which shall be provided by the Merchant to the Freedom Pay System Operator.
42. Instructions:
• The Merchant shall instruct and authorize the Freedom Pay System Operator to submit applications and other documents to banks and other organizations in the interests of the Merchant for the conclusion and execution of agreements, aimed at ensuring information and technological interaction for settlement of payment transactions from individuals to the Merchant and/or payments from the Merchant to individuals for goods and/or works and/or services, including those using bank (payment) cards and electronic money.
Special Conditions
Special conditions were defined to supplement the General Conditions depending on the conditions of the Bank and the Governing Law.
© 2024 Freedom Pay
The company is PCI DSS compliant
Registration number of the payment organization № 02-23-153.
Registration number of the payment organization № 02-23-153.
Address and contacts
Almaty city, Zheltoksan 115,
Kaiser Plaza, 2 floor
Kaiser Plaza, 2 floor
Operating hours: 10:00 - 19:00
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Согласие на сбор и обработку персональных данных
Настоящим, в соответствии с требованиями Закона Республики Казахстан от 21 мая 2013 года № 94-V «О персональных данных и их защите» и, где применимо, законодательства Международного финансового центра «Астана» (далее – МФЦА) в области защиты данных, а также принятых в соответствии с ними нормативных правовых актов (далее – Применимое законодательство), даю своё согласие на:
1. сбор и обработку Данных (как они определены в пункте B настоящего Согласия) путём:
(a) регистрации и (или) авторизации Субъекта на веб-сайте (в мобильном приложении) Оператора или в ином электронном ресурсе Оператора;
(b) подписания Согласия на бумажном или электронном носителе любым способом не ограничиваясь проставлением подписи (собственноручно), средствами электронной цифровой подписи, подписания путем использования одноразового (единовременного) кода (one-time password), направленного Оператором или его агентом на номер мобильного телефона Субъекта SMS-сообщением или в web или ином программном приложении путем push-уведомления;
(c) посещения офисов Оператора, в тех случаях, когда это применимо;
(d) посещения электронных ресурсов Оператора, в том числе путем приема Cookies или иных политик, протоколов, программных и аппаратных средств, которые могут фиксировать данные Субъекта;
(e) использования продуктов или сервисов Оператора.
2. передачу Данных, не ограничиваясь персональными данными, данными составляющими банковскую тайну, тайну страхования, коммерческую тайну на рынке ценных бумаг и иную охраняемую законом тайну в пользу аффилированных лиц Оператора, агентов Оператора, и любых иных третьих лиц (далее совместно – "Третьи лица"), когда предоставление Данных требуется в соответствии с требованиями применимого законодательства, в целях предоставления Оператором или Третьими лицами продуктов и услуг Субъекту, или в целях исполнения обязательств по договору между Оператором и указанными Третьими лицами. Субъект соглашается, что Данные могут включаться в базы данных Оператора или Третьих лиц, где в последующем персональные данные Субъекта могут обрабатываться без какого-либо участия Оператора; при условии, что Оператор обязуется требовать от Третьих лиц обеспечить конфиденциальность переданных Данных;
3. трансграничную передачу Оператором Данных за пределы территории Республики Казахстан и территории МФЦА на территорию государств в случаях, когда это необходимо для целей сбора и обработки Данных, заявленных в настоящем согласии.
Субъект соглашается, что страны, в которые могут передаваться Данные, могут иметь условия и требования хранения Данных ниже чем те, которые предусмотрены применимым законодательством Республики Казахстан / МФЦА и операторы Данных в этих странах не смогут обеспечить им надлежащую защиту.
A В настоящем Согласии "Данные" не должны ограничиваться сведениями / информацией, относящейся к определенному или определяемому на их основании Субъекту, зафиксированные на электронном, бумажном и (или) ином материальном носителе, в том числе, без исключения: фамилия, имя и отчество (при наличии); транскрипция имени; индивидуальный или иной идентификационный номер (если он предоставлен Субъектом Оператору); полная дата рождения; данные документа, удостоверяющего личность (если он предоставлен Субъектом Оператору) и иные документы (паспорт, вод.права, и т.п.); справки из государственных учреждений (медицинские, наркологические и др.); номер телефона; адрес электронной почты; адрес места проживания; изображение Субъекта (фотография, аватар и т.п.) (если оно предоставлено Субъектом Оператору); биометрические данные; идентификаторы (наименование учетных записей и выбираемые Субъектом идентификаторы); контакты телефонной книги (при использовании мобильных приложений Оператора/Третьих лиц); изображения с камеры устройства Субъекта; цифровые документы; звуковая запись с микрофона мобильного устройства; модель устройства Субъекта и данные о его операционной системе и браузере и (или) типе интернет-соединения; сегмент рынка, к которому относится Субъект; информация о налоговом резидентстве и налоговом идентификаторе Субъекта; записи коммуникаций с представителями службы поддержки и продаж Оператора; идентифицирующие устройство Субъекта сведения; публичные комментарии Субъекта, размещенные на сайтах в сети Интернет; данные о местонахождении Субъекта, полученные по IP-адресу и (или) по e-SIM и (или) SIM-карте и (или) по GPS (глобальная система позиционирования); информация о веб-сайтах, посещаемых Субъектом в сети Интернет; информация о покупках, совершенных Субъектом в сети Интернет и иные метаданные для аналитики (куки и т.д.); контент, размещенный Субъектом, либо просмотренный им в сети Интернет; а также публично доступная информация о Субъекте из социальных сетей; информация / данные, составляющие банковскую тайну, тайну страхования, коммерческую тайну на рынке ценных бумаг и иную охраняемую законом тайну; информация / данные, которые могут быть получены Оператором от или в отношении Субъекта.
B Данные Субъекта собираются и обрабатываются с целью (перечень не является исчерпывающим): осуществления деятельности Оператора и Третьих лиц по оказанию финансовых услуг, маркетинговых и рекламных активностей, исследований, проведения акций, предоставления (пересылки) Субъекту любых информационных материалов, в том числе о продуктах и (или) услугах и (или) предложениях Оператора и Третьих лиц, а также иных уведомлений посредством телефонной, факсимильной и иных видов связи, а также по открытым каналам связи (в том числе SMS-сообщения, e-mail, push-уведомления, голосовые сообщения, системы удаленного доступа, социальные сети и т.п.), а также для оплаты с использованием QR-кодов или штрих кодов, для выбора получателя платежа или услуги из контактов телефонной книги, для отображения аватара/фото Субъекта в мобильном приложении Оператора и/или Третьих лиц, для получения и предоставления цифровых документов Субъекта в/из сервисы (-ов) цифровых документов, для голосового общения с представителями Оператора/Третьих лиц; для доставки товаров и оказания услуг Субъекту; для проведения проверок Оператором/Третьим лицом, связанных с исполнением требований по противодействию легализации (отмыванию) доходов и финансирования терроризма; для защиты клиентов Оператора от мошеннических действий Субъектов.
C Персональные данные Субъекта не могут распространяться Оператором и (или) Третьими лицами в общедоступных источниках, за исключением случаев, когда от Субъекта получено соответствующее письменное согласие на совершение этих действий.
D Настоящее Согласие предоставляется на весь период деятельности Оператора или до срока, когда будет выпущено обновленное согласие с донесением до Субьекта.