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Public Offer for Clients to Join the “FREEDOM PAY LIGHT” Platform
1. Freedom Pay LLP publishes this Public Offer (hereinafter the “Offer”) for the purpose of providing information-technology services to the Client when connecting Clients to the “FREEDOM PAY LIGHT” Platform.
2. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter the “CC RK”), this offer is an official, public proposal of Freedom Pay LLP (hereinafter the “Service Provider”) addressed to Clients to join the “FREEDOM PAY LIGHT” Platform, which provides a range of services aimed at supplying legal entities and individual entrepreneurs with payment and other tools for the purpose of selling their goods/works/services.
3. Acceptance of the Offer means that the Client accepts and agrees with all provisions of this Offer and undertakes to comply with them. From the moment the Client accepts this Offer, it is deemed to be an agreement concluded between the Platform Provider and the Client on the terms set out in this Offer.
2. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter the “CC RK”), this offer is an official, public proposal of Freedom Pay LLP (hereinafter the “Service Provider”) addressed to Clients to join the “FREEDOM PAY LIGHT” Platform, which provides a range of services aimed at supplying legal entities and individual entrepreneurs with payment and other tools for the purpose of selling their goods/works/services.
3. Acceptance of the Offer means that the Client accepts and agrees with all provisions of this Offer and undertakes to comply with them. From the moment the Client accepts this Offer, it is deemed to be an agreement concluded between the Platform Provider and the Client on the terms set out in this Offer.
1. Terms and Definitions
1.1. The “FREEDOM PAY LIGHT” Platform (hereinafter the “Platform”) is a service providing a range of services aimed at supplying legal entities and individual entrepreneurs with payment and other tools for the sale of their goods/works/services. The Platform is hosted at https://freedompay.kz/smallbusiness, the right to host it being secured by an agreement between the site owner and the Platform Provider. The Platform is a unified space that allows the Client to receive, in real time, a range of payment and other services from Partners on a “one-stop-shop” basis.
1.2. Platform Provider/Provider/Payment Organization — Freedom Pay LLP, a legal entity that is the principal integration partner of the “FREEDOM PAY LIGHT” Platform, providing technological, informational and analytical interaction between the Provider, the Partner and the Client, enabling the latter to connect to the Platform’s services in real time by completing the established connection steps and to receive a range of services from the Platform’s various Partners. Due to the provision of payment services (internet acquiring) to Platform Clients, Freedom Pay LLP acts as a payment organization within the scope of services for accepting and processing payments in favor of Clients for the sale of goods/works/services by the latter on the internet.
1.3. Services offered on the Platform:
1) internet acquiring — services for accepting and processing payments and settlements for goods and services in favor of the Client via payment systems based on information technologies and electronic means and methods of making payments;
2) the “ReKassa” online cash register (automatic sales accounting and tax accounting);
3) online installment payment — a product and payment method whereby the buyer may split the cost of goods or a service into several equal payments at equal intervals;
4) Freedom POS (hereinafter “Freedom POS”) — an electronic terminal that allows payment cards to be accepted for payment.
For clarity, the services referred to in this clause are provided independently by the Platform’s Partners, with the exception of services for accepting and processing payments in favor of Clients, including the acceptance and processing of payments made using electronic money. The right to provide these services is granted to the Provider by virtue of holding a registration record (No. 02–23-153 dated 10.03.2023, https://www.nationalbank.kz/ru/news/uchetnaya-registraciya-platezhnoy-organizacii) for the provision of payment services, issued by the National Bank of the Republic of Kazakhstan.
1.4. Platform Partners — legal entities offering services on the service:
1) JSC “Freedom Bank Kazakhstan” (Bank Partner) — services for opening a settlement account and providing “Freedom Pos” terminals and other products;
2) “COMRUN” LLP — “ReKassa” online cash register services and other services;
3) “MFO Freedom Finance Credit” LLP — online installment and lending services;
4) Freedom Pay LLP — services for the issuance (distribution) of electronic money; services for accepting and processing payments made using electronic money; services for processing payments initiated electronically by the client and transmitting the necessary information to a bank or an organization carrying out certain types of banking operations for the purpose of making a payment and/or transfer, or accepting funds under such payments.
For the purposes of clarification, the Platform’s Partners provide the above-named services independently; the scope of services, remuneration rates, rights and obligations and other additional conditions are set independently by the Partners on the basis of documents enabling connection to the aforementioned services. The Platform makes it possible to ensure the Client’s integration with the Partners’ above-mentioned services on a “one-stop-shop” basis by providing technological interaction and acting as an operator of access and interaction.
1.5. Personal Cabinet — a specialized section of the Platform made available only to Clients connected to the Platform. In the Personal Cabinet, the Client can view the range of connected services, analytical information (payment statistics, turnover), payment registers and other additional information regarding services.
1.6. Auto-onboarding — a comprehensive method of verifying the Client, carried out by the Platform’s Partners in order to comply with the requirements of the Law of the RK “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism.”
1.7. Client — a legal entity or individual entrepreneur connected to the Platform by accepting this Offer, selling goods/works/services on the internet, and using the Platform’s payment and/or banking and other tools.
1.8. Application — a form completed by the Client for the purpose of connecting to the Service’s services.
1.2. Platform Provider/Provider/Payment Organization — Freedom Pay LLP, a legal entity that is the principal integration partner of the “FREEDOM PAY LIGHT” Platform, providing technological, informational and analytical interaction between the Provider, the Partner and the Client, enabling the latter to connect to the Platform’s services in real time by completing the established connection steps and to receive a range of services from the Platform’s various Partners. Due to the provision of payment services (internet acquiring) to Platform Clients, Freedom Pay LLP acts as a payment organization within the scope of services for accepting and processing payments in favor of Clients for the sale of goods/works/services by the latter on the internet.
1.3. Services offered on the Platform:
1) internet acquiring — services for accepting and processing payments and settlements for goods and services in favor of the Client via payment systems based on information technologies and electronic means and methods of making payments;
2) the “ReKassa” online cash register (automatic sales accounting and tax accounting);
3) online installment payment — a product and payment method whereby the buyer may split the cost of goods or a service into several equal payments at equal intervals;
4) Freedom POS (hereinafter “Freedom POS”) — an electronic terminal that allows payment cards to be accepted for payment.
For clarity, the services referred to in this clause are provided independently by the Platform’s Partners, with the exception of services for accepting and processing payments in favor of Clients, including the acceptance and processing of payments made using electronic money. The right to provide these services is granted to the Provider by virtue of holding a registration record (No. 02–23-153 dated 10.03.2023, https://www.nationalbank.kz/ru/news/uchetnaya-registraciya-platezhnoy-organizacii) for the provision of payment services, issued by the National Bank of the Republic of Kazakhstan.
1.4. Platform Partners — legal entities offering services on the service:
1) JSC “Freedom Bank Kazakhstan” (Bank Partner) — services for opening a settlement account and providing “Freedom Pos” terminals and other products;
2) “COMRUN” LLP — “ReKassa” online cash register services and other services;
3) “MFO Freedom Finance Credit” LLP — online installment and lending services;
4) Freedom Pay LLP — services for the issuance (distribution) of electronic money; services for accepting and processing payments made using electronic money; services for processing payments initiated electronically by the client and transmitting the necessary information to a bank or an organization carrying out certain types of banking operations for the purpose of making a payment and/or transfer, or accepting funds under such payments.
For the purposes of clarification, the Platform’s Partners provide the above-named services independently; the scope of services, remuneration rates, rights and obligations and other additional conditions are set independently by the Partners on the basis of documents enabling connection to the aforementioned services. The Platform makes it possible to ensure the Client’s integration with the Partners’ above-mentioned services on a “one-stop-shop” basis by providing technological interaction and acting as an operator of access and interaction.
1.5. Personal Cabinet — a specialized section of the Platform made available only to Clients connected to the Platform. In the Personal Cabinet, the Client can view the range of connected services, analytical information (payment statistics, turnover), payment registers and other additional information regarding services.
1.6. Auto-onboarding — a comprehensive method of verifying the Client, carried out by the Platform’s Partners in order to comply with the requirements of the Law of the RK “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism.”
1.7. Client — a legal entity or individual entrepreneur connected to the Platform by accepting this Offer, selling goods/works/services on the internet, and using the Platform’s payment and/or banking and other tools.
1.8. Application — a form completed by the Client for the purpose of connecting to the Service’s services.
2. Subject Matter of the Offer
2.1. Under this Offer, the Provider grants the Client access to the Platform, which contains a range of various services provided both by the Provider and by the Platform’s Partners.
2.2. To obtain access to the Platform and to the services of the Platform’s Partners, the Client accepts this Offer by completing the Client connection (registration) procedure in accordance with Section 3 of this Offer.
2.3. Procedure for acceptance — the Provider’s proposal is deemed accepted from the moment the Client completes registration on the Platform. This Offer is recognized as an agreement concluded between the Platform Provider and the Client on the terms set out in this agreement.
2.4. By accepting this Offer, the Client accepts and acknowledges that:
– the Client has read all the terms of this Offer and accepts them in full without any exclusions or limitations, and undertakes to comply with them;
– the Client confirms its legal and dispositive capacity, and is aware of its responsibility for the obligations imposed on it as a result of accepting this Offer;
– the Client gives its full consent to the collection and processing by the Provider of personal data and other information provided by the Client within the scope of connecting the Client to the Platform and the further provision of services within the Platform by the Provider and its Partners.
2.5. The Provider has the right to withdraw its proposal to conclude the Offer at any time, but this shall not be grounds for the Provider to refuse obligations already accepted for performance, including the provision of payment services.
2.6. With each access to and/or actual use of the Platform and receipt of services, the Client agrees to the provisions of this Offer in the version in effect at the time of actual use of the Platform and/or receipt of the Services.
2.7. The Platform may be supplemented with new Partner services; information about this will be reflected in the corresponding Appendix No. 1 to this Offer, which will be updated as new services are connected.
Special conditions: By accepting the terms of this offer, the Client fully understands that the services presented on the Platform are provided independently and in full by the Partners. The Provider, as the owner of the Platform, does not affect the scope or cost of the services provided and bears no responsibility for the quality/results/delay/non-performance/improper performance of these services. In the event of any claims relating to the services provided, the Client shall contact the Partners directly.
2.8. This Offer may be amended by the Provider unilaterally. The Provider shall notify the Client of amendments and/or additions to this Offer by publishing such amendments and/or additions on the Platform’s website no later than 10 (ten) calendar days before they take effect.
2.9. By accepting this Offer, the Client expresses its consent to receive materials and information from the Platform Provider about services, offers, products, promotions, as well as about changes to or discontinuation of services and/or products, by way of notifications in the Personal Cabinet.
2.10. The Client agrees that the Platform, the Personal Cabinet, or individual functions of the Platform may be temporarily unavailable for technical reasons (in connection with scheduled preventive or repair works on the site, the software and hardware ensuring the Platform’s operation, and/or updating or transferring software to another server, elimination of accidents and their consequences, disruptions in the functioning of the internet, including the unavailability of individual segments of the internet, etc.).
2.11. The Client warrants that it possesses all necessary rights, powers and permits to accept and perform the terms of this Offer for the purpose of receiving services via the Platform.
2.2. To obtain access to the Platform and to the services of the Platform’s Partners, the Client accepts this Offer by completing the Client connection (registration) procedure in accordance with Section 3 of this Offer.
2.3. Procedure for acceptance — the Provider’s proposal is deemed accepted from the moment the Client completes registration on the Platform. This Offer is recognized as an agreement concluded between the Platform Provider and the Client on the terms set out in this agreement.
2.4. By accepting this Offer, the Client accepts and acknowledges that:
– the Client has read all the terms of this Offer and accepts them in full without any exclusions or limitations, and undertakes to comply with them;
– the Client confirms its legal and dispositive capacity, and is aware of its responsibility for the obligations imposed on it as a result of accepting this Offer;
– the Client gives its full consent to the collection and processing by the Provider of personal data and other information provided by the Client within the scope of connecting the Client to the Platform and the further provision of services within the Platform by the Provider and its Partners.
2.5. The Provider has the right to withdraw its proposal to conclude the Offer at any time, but this shall not be grounds for the Provider to refuse obligations already accepted for performance, including the provision of payment services.
2.6. With each access to and/or actual use of the Platform and receipt of services, the Client agrees to the provisions of this Offer in the version in effect at the time of actual use of the Platform and/or receipt of the Services.
2.7. The Platform may be supplemented with new Partner services; information about this will be reflected in the corresponding Appendix No. 1 to this Offer, which will be updated as new services are connected.
Special conditions: By accepting the terms of this offer, the Client fully understands that the services presented on the Platform are provided independently and in full by the Partners. The Provider, as the owner of the Platform, does not affect the scope or cost of the services provided and bears no responsibility for the quality/results/delay/non-performance/improper performance of these services. In the event of any claims relating to the services provided, the Client shall contact the Partners directly.
2.8. This Offer may be amended by the Provider unilaterally. The Provider shall notify the Client of amendments and/or additions to this Offer by publishing such amendments and/or additions on the Platform’s website no later than 10 (ten) calendar days before they take effect.
2.9. By accepting this Offer, the Client expresses its consent to receive materials and information from the Platform Provider about services, offers, products, promotions, as well as about changes to or discontinuation of services and/or products, by way of notifications in the Personal Cabinet.
2.10. The Client agrees that the Platform, the Personal Cabinet, or individual functions of the Platform may be temporarily unavailable for technical reasons (in connection with scheduled preventive or repair works on the site, the software and hardware ensuring the Platform’s operation, and/or updating or transferring software to another server, elimination of accidents and their consequences, disruptions in the functioning of the internet, including the unavailability of individual segments of the internet, etc.).
2.11. The Client warrants that it possesses all necessary rights, powers and permits to accept and perform the terms of this Offer for the purpose of receiving services via the Platform.
3. Procedure for Connecting the Client
3.1. Step 1 — Connection Application
After accepting the terms of the Offer, the Client completes an Application to connect to the Platform, indicating all necessary information in the relevant fields. The Client hereby bears full, direct responsibility for the information about itself provided in connection with connecting to the Platform. By accepting this Offer, the Client confirms that it is a legal entity and/or individual entrepreneur registered on the territory of the RK in accordance with the current legislation of the RK.
3.1.1. Acceptance of this Offer gives the Client the opportunity to connect to the Platform and subsequently gain access to the services.
3.1.2. The Client’s Application is processed within the Provider’s system, after which a corresponding link to the Platform’s services is sent by reply email to the email address provided by the Client.
By accepting this Offer, the Client gives its full, direct consent to the Provider’s processing and transfer of the Client’s information contained in the Application to the Platform’s Partners for the purpose of connecting the Client to the services it has chosen and obtaining additional information about the services. The transfer of Client information and the subsequent connection is carried out through interaction (technical connection) between the Provider’s Platform and the Partner’s system, allowing an exchange of information via a secure communication channel (API channel) regarding the Client, the results of connection to/refusal of services, the results of checks conducted by the Partners on the compliance of the Client’s activities with legal requirements, the Client’s website, the goods/works/services it sells, and other necessary information. Where Applications contain personal data, the Provider shall collect and process such data in accordance with the Personal Data Collection, Processing and Protection Policy located at https://freedompay.kz/largebusiness/privacy_policy, by obtaining the relevant consent to the collection and processing of personal data. The Provider bears no responsibility for ensuring the accuracy, correctness and relevance of the personal data posted by the Client. All personal data received from the User is processed in the form in which it was received.
3.2. Step 2 — Opening a Settlement Account for the Client
3.2.1. Upon registering on the Platform, the Provider gives the Client the opportunity to obtain a settlement-account-opening service offered by the Platform’s Bank Partner.
3.2.2. If the Client continues with the further steps of opening a settlement account, the Provider opens a new field for entering the data required by the Bank Partner for the purpose of opening the settlement account. The Provider transmits to the Bank Partner, via communication channels, the information about the need to connect the Client to the settlement-account-opening service. Upon receiving this information from the Provider, the Bank Partner carries out the necessary procedural actions to duly provide the settlement-account-opening service. The Client is directed to the Bank Partner’s technological resource, where the Client completes the required documents in real time and undergoes the Auto-onboarding procedures. Any commissions (fees) charged to the Client for opening (using) the settlement account constitute the commission (fee) of the Bank Partner, are paid directly to it, and are governed by the Bank Partner’s own documentation.
3.3. Step 3 — Client Auto-onboarding
3.3.1. Platform Clients being connected to Partner services must fully accept that the Partners, including the Provider (when providing payment services), connect Clients only after conducting the Auto-onboarding verification procedure, which represents a comprehensive check of the Client using various services. Partners carry out this procedure as a subject of financial monitoring in accordance with the requirements of the Law of the RK “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism,” and also within the framework of internal client-verification procedures.
3.3.2. Based on the results of Auto-onboarding, the Bank Partner has the right to refuse to provide the Client with the settlement-account-opening service, and information about this is sent to the Provider. In turn, the Service Provider in no way influences the results of the checks. Taking the foregoing into account, the Provider has the right to refuse to provide the Client with the Service’s other services going forward.
3.4. Step 4 — Connection Results
In the event of a positive conclusion (following the verification procedure), the Bank Partner sends the Provider information with the relevant status regarding the Client.
3.4.1. After successfully opening the account, the Client receives the details of the opened account, as well as additional access to the Personal Cabinet, with the further ability to choose services from Partners.
3.4.2. The Service Provider summarizes the services chosen by the Client in a single window, displaying the services and other additional terms.
After accepting the terms of the Offer, the Client completes an Application to connect to the Platform, indicating all necessary information in the relevant fields. The Client hereby bears full, direct responsibility for the information about itself provided in connection with connecting to the Platform. By accepting this Offer, the Client confirms that it is a legal entity and/or individual entrepreneur registered on the territory of the RK in accordance with the current legislation of the RK.
3.1.1. Acceptance of this Offer gives the Client the opportunity to connect to the Platform and subsequently gain access to the services.
3.1.2. The Client’s Application is processed within the Provider’s system, after which a corresponding link to the Platform’s services is sent by reply email to the email address provided by the Client.
By accepting this Offer, the Client gives its full, direct consent to the Provider’s processing and transfer of the Client’s information contained in the Application to the Platform’s Partners for the purpose of connecting the Client to the services it has chosen and obtaining additional information about the services. The transfer of Client information and the subsequent connection is carried out through interaction (technical connection) between the Provider’s Platform and the Partner’s system, allowing an exchange of information via a secure communication channel (API channel) regarding the Client, the results of connection to/refusal of services, the results of checks conducted by the Partners on the compliance of the Client’s activities with legal requirements, the Client’s website, the goods/works/services it sells, and other necessary information. Where Applications contain personal data, the Provider shall collect and process such data in accordance with the Personal Data Collection, Processing and Protection Policy located at https://freedompay.kz/largebusiness/privacy_policy, by obtaining the relevant consent to the collection and processing of personal data. The Provider bears no responsibility for ensuring the accuracy, correctness and relevance of the personal data posted by the Client. All personal data received from the User is processed in the form in which it was received.
3.2. Step 2 — Opening a Settlement Account for the Client
3.2.1. Upon registering on the Platform, the Provider gives the Client the opportunity to obtain a settlement-account-opening service offered by the Platform’s Bank Partner.
3.2.2. If the Client continues with the further steps of opening a settlement account, the Provider opens a new field for entering the data required by the Bank Partner for the purpose of opening the settlement account. The Provider transmits to the Bank Partner, via communication channels, the information about the need to connect the Client to the settlement-account-opening service. Upon receiving this information from the Provider, the Bank Partner carries out the necessary procedural actions to duly provide the settlement-account-opening service. The Client is directed to the Bank Partner’s technological resource, where the Client completes the required documents in real time and undergoes the Auto-onboarding procedures. Any commissions (fees) charged to the Client for opening (using) the settlement account constitute the commission (fee) of the Bank Partner, are paid directly to it, and are governed by the Bank Partner’s own documentation.
3.3. Step 3 — Client Auto-onboarding
3.3.1. Platform Clients being connected to Partner services must fully accept that the Partners, including the Provider (when providing payment services), connect Clients only after conducting the Auto-onboarding verification procedure, which represents a comprehensive check of the Client using various services. Partners carry out this procedure as a subject of financial monitoring in accordance with the requirements of the Law of the RK “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism,” and also within the framework of internal client-verification procedures.
3.3.2. Based on the results of Auto-onboarding, the Bank Partner has the right to refuse to provide the Client with the settlement-account-opening service, and information about this is sent to the Provider. In turn, the Service Provider in no way influences the results of the checks. Taking the foregoing into account, the Provider has the right to refuse to provide the Client with the Service’s other services going forward.
3.4. Step 4 — Connection Results
In the event of a positive conclusion (following the verification procedure), the Bank Partner sends the Provider information with the relevant status regarding the Client.
3.4.1. After successfully opening the account, the Client receives the details of the opened account, as well as additional access to the Personal Cabinet, with the further ability to choose services from Partners.
3.4.2. The Service Provider summarizes the services chosen by the Client in a single window, displaying the services and other additional terms.
4. Services of the Service’s Partners
4.1. The Platform Partner services chosen by the Client are displayed in the Client’s Personal Cabinet.
4.2. The Client gains access to the Partners’ services after completing the registration steps established in Section 3 of the Offer.
4.3. The Client may choose several Partner services simultaneously, in which case the Provider ensures the Client’s transition to the technical resources of the chosen Partner and displays in detail all the information and accompanying actions the Client needs to take.
4.4. Upon successful connection of Partner services, the relevant status is displayed to the Client, and information about the connected Partner services is displayed directly in the Client’s Personal Cabinet.
4.5. With respect to services provided directly by the Provider:
When the Client selects internet-acquiring services, the Provider displays to the Client an Application Form for joining the “Freedom Pay” system for accepting and processing payments (hereinafter the “Application Form”). This service includes:
1. services for accepting and processing payments and settlements for goods and services in favor of the Client via payment systems based on information technologies and electronic means and methods of making payments;
2. services for accepting, processing and issuing financial information (processing, clearing) relating to payments and settlements of third parties to participants in the payment system, this processing/clearing center, including within the scope of payouts;
3. services for the issuance (distribution) of electronic money;
4. services for accepting and processing payments made using electronic money.
Before beginning to fill in the data displayed in the Application Form, the Client shall review the terms of the accession agreement for accepting and processing payments. Before beginning to use the internet-acquiring service, the Client must review and accept the terms of the accession agreement to the “Freedom Pay” system, located at https://freedompay.kz/largebusiness/public_offer_services, which governs the procedure for providing the relevant payment services and forms an integral part of this Offer. The services referred to in this clause are provided by the Provider, Freedom Pay LLP, in its capacity as a payment organization.
In the Application Form, the Client fills in all the required fields in detail, after which the Application Form is subject to signing using the Client’s digital signature (hereinafter the “EDS”). For the purposes of signing, the digital signature of the head of the Client’s executive body is used. Signing with an EDS is carried out using the Egov mobile application. By signing the Application Form, the Client unconditionally accepts the terms of the accession agreement to the “Freedom Pay” system of the payment organization Freedom Pay LLP. The Client likewise undergoes the Auto-onboarding procedure in accordance with sub-clause 3.3 of this Offer.
5. After the Application Form has been successfully signed, the Provider carries out the measures required to set up terminals for accepting and processing payments in favor of the Client. All subsequent steps of interaction between the Client and the Provider within the above framework are carried out by the responsible persons on the Provider’s side.
4.2. The Client gains access to the Partners’ services after completing the registration steps established in Section 3 of the Offer.
4.3. The Client may choose several Partner services simultaneously, in which case the Provider ensures the Client’s transition to the technical resources of the chosen Partner and displays in detail all the information and accompanying actions the Client needs to take.
4.4. Upon successful connection of Partner services, the relevant status is displayed to the Client, and information about the connected Partner services is displayed directly in the Client’s Personal Cabinet.
4.5. With respect to services provided directly by the Provider:
When the Client selects internet-acquiring services, the Provider displays to the Client an Application Form for joining the “Freedom Pay” system for accepting and processing payments (hereinafter the “Application Form”). This service includes:
1. services for accepting and processing payments and settlements for goods and services in favor of the Client via payment systems based on information technologies and electronic means and methods of making payments;
2. services for accepting, processing and issuing financial information (processing, clearing) relating to payments and settlements of third parties to participants in the payment system, this processing/clearing center, including within the scope of payouts;
3. services for the issuance (distribution) of electronic money;
4. services for accepting and processing payments made using electronic money.
Before beginning to fill in the data displayed in the Application Form, the Client shall review the terms of the accession agreement for accepting and processing payments. Before beginning to use the internet-acquiring service, the Client must review and accept the terms of the accession agreement to the “Freedom Pay” system, located at https://freedompay.kz/largebusiness/public_offer_services, which governs the procedure for providing the relevant payment services and forms an integral part of this Offer. The services referred to in this clause are provided by the Provider, Freedom Pay LLP, in its capacity as a payment organization.
In the Application Form, the Client fills in all the required fields in detail, after which the Application Form is subject to signing using the Client’s digital signature (hereinafter the “EDS”). For the purposes of signing, the digital signature of the head of the Client’s executive body is used. Signing with an EDS is carried out using the Egov mobile application. By signing the Application Form, the Client unconditionally accepts the terms of the accession agreement to the “Freedom Pay” system of the payment organization Freedom Pay LLP. The Client likewise undergoes the Auto-onboarding procedure in accordance with sub-clause 3.3 of this Offer.
5. After the Application Form has been successfully signed, the Provider carries out the measures required to set up terminals for accepting and processing payments in favor of the Client. All subsequent steps of interaction between the Client and the Provider within the above framework are carried out by the responsible persons on the Provider’s side.
5. Rights and Obligations of the Provider and the Client
5.1. Rights of the Provider within the Platform
5.1.1. To make changes or additions to the terms of connecting to the Platform / change the registration steps for obtaining Partner services and/or the services provided directly by the Provider, or to discontinue them unilaterally. The Provider shall notify the Client of any changes introduced by publishing information about the changes, the changes themselves, and/or new documents on the Platform.
5.1.2. To terminate access to the Platform without prior notice in the event of the Client’s systematic breach of the terms of the Offer, as well as in cases provided for by the legislation of the Republic of Kazakhstan.
5.1.3. To establish/change the subscription fee for the ability to connect Clients to the Platform and gain access to Partner services. The amount of the subscription fee and payment methods will be additionally reflected, upon connection, in the corresponding appendix to this Offer.
5.1.4. To notify Clients of subscription-fee tariffs and payment terms.
5.1.5. To suspend the operation of the Platform to carry out necessary scheduled preventive works, as well as unscheduled works in emergency situations. Information about scheduled works being carried out is published on the Platform’s website.
5.1.6. To update the content, functionality and user interface of the Platform at any time at its own discretion.
5.1.7. To engage third parties at its own discretion for the proper operation of the Platform, and to use third-party services.
5.2. Obligations of the Provider
5.2.1. To ensure the proper operation of the Platform.
5.2.2. To provide technical support for the Platform.
5.2.3. In the event of technical failures, to restore the Platform’s functionality as quickly as possible.
5.2.4. To inform Clients of scheduled works being carried out on the Platform.
5.3. The Provider bears no responsibility
5.3.1. For third parties’ access to account credentials resulting from the Client’s fault or negligence, and for the consequences of such access.
5.3.2. For any damage suffered by the Client as a result of the Client’s disclosure of its own account credentials, or for damage suffered by the Client as a result of the Client’s failure to comply with the terms of the Offer.
5.3.3. For the incorrect functioning of any Partner services provided within the Platform.
5.3.4. For the uninterrupted operation of individual parts of the Platform supported by third parties.
5.3.5. For the functionality of the Client’s software.
5.4. The Client undertakes
5.4.1. Not to take actions aimed at undermining network security or disrupting the operation of software and hardware.
5.4.2. To use the services obtained via the Platform exclusively for its declared business activity.
5.4.3. Not to use the services of the Provider/Platform Partners to disseminate information whose content is contrary to the legislation of the Republic of Kazakhstan.
5.4.4. To register, provide accurate registration data, and update it in a timely manner.
5.4.5. To duly pay the subscription fee.
5.4.6. To use the Platform in accordance with the terms of the Agreement and the legislation of the Republic of Kazakhstan, and not to commit the following actions: publishing or transmitting information the dissemination of which is contrary to the legislation of the Republic of Kazakhstan; transmitting unlawfully obtained information; transmitting any information containing viruses or other malicious components; transmitting information while the Agreement is terminated or suspended.
5.4.7. Not to shift onto the Provider responsibility for damage of any kind caused by third parties who gained access to the Client’s identification parameters or resources through the Client’s fault or negligence.
5.4.8. To maintain the confidentiality of its account credentials and to take measures aimed at protecting them from loss, theft or damage.
5.4.9. To inform the Platform’s responsible persons if it becomes impossible to access the Platform/Personal Cabinet.
5.4.10. Not to take actions aimed at gaining unauthorized access to the systems, data, program code and other components of the Platform.
5.4.11. At the Provider’s request, to provide supporting documents and other information necessary to conduct an internal review of operations or actions carried out on its part.
5.5. The Client is entitled
5.5.1. To gain access to the Platform by completing the registration procedure on the Platform.
5.1.1. To make changes or additions to the terms of connecting to the Platform / change the registration steps for obtaining Partner services and/or the services provided directly by the Provider, or to discontinue them unilaterally. The Provider shall notify the Client of any changes introduced by publishing information about the changes, the changes themselves, and/or new documents on the Platform.
5.1.2. To terminate access to the Platform without prior notice in the event of the Client’s systematic breach of the terms of the Offer, as well as in cases provided for by the legislation of the Republic of Kazakhstan.
5.1.3. To establish/change the subscription fee for the ability to connect Clients to the Platform and gain access to Partner services. The amount of the subscription fee and payment methods will be additionally reflected, upon connection, in the corresponding appendix to this Offer.
5.1.4. To notify Clients of subscription-fee tariffs and payment terms.
5.1.5. To suspend the operation of the Platform to carry out necessary scheduled preventive works, as well as unscheduled works in emergency situations. Information about scheduled works being carried out is published on the Platform’s website.
5.1.6. To update the content, functionality and user interface of the Platform at any time at its own discretion.
5.1.7. To engage third parties at its own discretion for the proper operation of the Platform, and to use third-party services.
5.2. Obligations of the Provider
5.2.1. To ensure the proper operation of the Platform.
5.2.2. To provide technical support for the Platform.
5.2.3. In the event of technical failures, to restore the Platform’s functionality as quickly as possible.
5.2.4. To inform Clients of scheduled works being carried out on the Platform.
5.3. The Provider bears no responsibility
5.3.1. For third parties’ access to account credentials resulting from the Client’s fault or negligence, and for the consequences of such access.
5.3.2. For any damage suffered by the Client as a result of the Client’s disclosure of its own account credentials, or for damage suffered by the Client as a result of the Client’s failure to comply with the terms of the Offer.
5.3.3. For the incorrect functioning of any Partner services provided within the Platform.
5.3.4. For the uninterrupted operation of individual parts of the Platform supported by third parties.
5.3.5. For the functionality of the Client’s software.
5.4. The Client undertakes
5.4.1. Not to take actions aimed at undermining network security or disrupting the operation of software and hardware.
5.4.2. To use the services obtained via the Platform exclusively for its declared business activity.
5.4.3. Not to use the services of the Provider/Platform Partners to disseminate information whose content is contrary to the legislation of the Republic of Kazakhstan.
5.4.4. To register, provide accurate registration data, and update it in a timely manner.
5.4.5. To duly pay the subscription fee.
5.4.6. To use the Platform in accordance with the terms of the Agreement and the legislation of the Republic of Kazakhstan, and not to commit the following actions: publishing or transmitting information the dissemination of which is contrary to the legislation of the Republic of Kazakhstan; transmitting unlawfully obtained information; transmitting any information containing viruses or other malicious components; transmitting information while the Agreement is terminated or suspended.
5.4.7. Not to shift onto the Provider responsibility for damage of any kind caused by third parties who gained access to the Client’s identification parameters or resources through the Client’s fault or negligence.
5.4.8. To maintain the confidentiality of its account credentials and to take measures aimed at protecting them from loss, theft or damage.
5.4.9. To inform the Platform’s responsible persons if it becomes impossible to access the Platform/Personal Cabinet.
5.4.10. Not to take actions aimed at gaining unauthorized access to the systems, data, program code and other components of the Platform.
5.4.11. At the Provider’s request, to provide supporting documents and other information necessary to conduct an internal review of operations or actions carried out on its part.
5.5. The Client is entitled
5.5.1. To gain access to the Platform by completing the registration procedure on the Platform.
6. Liability of the Parties
6.1. In the event of non-performance or improper performance of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Kazakhstan.
6.2. The Platform is hereby provided on an “as is” basis, in the form and condition existing at the time the Client accepted the terms of this Offer. The Platform is built on the basis of various technical capacities, and accordingly the Provider does not guarantee the uninterrupted operation of the Platform or the absence of possible technical errors or interruptions in operation. The presence of such errors/interruptions does not constitute improper provision of services by the Provider and cannot serve as grounds for Clients to bring claims for damages of any kind.
6.3. The Provider bears no responsibility for damage caused to the Client as a result of the incorrect operation of either the Platform itself or the services/technical resources of the Partners. The Parties acknowledge that the Provider cannot control the operation of the Partners’ services and cannot always timely prevent all the consequences of their incorrect operation, and accordingly the Client has no right to bring claims for damages against the Provider.
6.4. The Provider bears no responsibility for the scope and quality of services provided by the Platform’s Partners. Any claims relating to improper/untimely provision of services by the Partners must be addressed and directed to the Partners directly.
6.5. The Client is prohibited from copying, reworking or modifying the Platform and its component parts, from circumventing technical requirements (restrictions) in any way, from attempting unauthorized access, and from taking any other actions directly contrary to the requirements of RK legislation regarding the use and unlawful distribution of third-party software and hardware without the relevant permissions.
6.2. The Platform is hereby provided on an “as is” basis, in the form and condition existing at the time the Client accepted the terms of this Offer. The Platform is built on the basis of various technical capacities, and accordingly the Provider does not guarantee the uninterrupted operation of the Platform or the absence of possible technical errors or interruptions in operation. The presence of such errors/interruptions does not constitute improper provision of services by the Provider and cannot serve as grounds for Clients to bring claims for damages of any kind.
6.3. The Provider bears no responsibility for damage caused to the Client as a result of the incorrect operation of either the Platform itself or the services/technical resources of the Partners. The Parties acknowledge that the Provider cannot control the operation of the Partners’ services and cannot always timely prevent all the consequences of their incorrect operation, and accordingly the Client has no right to bring claims for damages against the Provider.
6.4. The Provider bears no responsibility for the scope and quality of services provided by the Platform’s Partners. Any claims relating to improper/untimely provision of services by the Partners must be addressed and directed to the Partners directly.
6.5. The Client is prohibited from copying, reworking or modifying the Platform and its component parts, from circumventing technical requirements (restrictions) in any way, from attempting unauthorized access, and from taking any other actions directly contrary to the requirements of RK legislation regarding the use and unlawful distribution of third-party software and hardware without the relevant permissions.
7. Technical Support of the Platform
7.1. Technical support is provided by the Provider for the entire term of this Agreement. The Client shall formulate the issue and send a request to the Provider’s email address info@freedompay.kz.
7.2. Within 24 (twenty-four) hours of receiving the request, the Provider shall send the Client a notification by email confirming that the request has been accepted for processing and indicating the timeframe for resolution.
7.2. Within 24 (twenty-four) hours of receiving the request, the Provider shall send the Client a notification by email confirming that the request has been accepted for processing and indicating the timeframe for resolution.
8. Force Majeure
8.1. The Parties shall be released from liability for partial or complete non-performance of obligations under this Offer if such non-performance results from force majeure circumstances — that is, events of an extraordinary nature that a Party could not foresee or prevent by reasonable measures, including natural disasters, fires, earthquakes, military actions, strikes and the like.
8.2. A Party for whom a situation has arisen making it impossible to perform its obligations due to the occurrence of force majeure circumstances shall immediately notify the other Party of the occurrence, the estimated duration, and the cessation of such circumstances.
8.3. If force majeure circumstances and/or their consequences continue for more than 2 (two) months, the Parties shall hold additional negotiations to determine appropriate measures or to decide on the termination of this Agreement.
8.2. A Party for whom a situation has arisen making it impossible to perform its obligations due to the occurrence of force majeure circumstances shall immediately notify the other Party of the occurrence, the estimated duration, and the cessation of such circumstances.
8.3. If force majeure circumstances and/or their consequences continue for more than 2 (two) months, the Parties shall hold additional negotiations to determine appropriate measures or to decide on the termination of this Agreement.
9. Confidentiality
9.1. The Parties shall ensure the confidentiality of data received in the course of providing services.
9.2. The fact of conclusion of the agreement and its subject matter do not constitute confidential information.
9.3. “Confidential information” under the Agreement means information that is not publicly available, including transaction volumes and information about the Parties’ tariff and pricing policies.
9.4. Confidential information may be disclosed to third parties only in the manner established by the legislation of the Republic of Kazakhstan.
9.2. The fact of conclusion of the agreement and its subject matter do not constitute confidential information.
9.3. “Confidential information” under the Agreement means information that is not publicly available, including transaction volumes and information about the Parties’ tariff and pricing policies.
9.4. Confidential information may be disclosed to third parties only in the manner established by the legislation of the Republic of Kazakhstan.
10. Term and Amendment of the Terms of the Offer
10.1. This Offer constitutes an Agreement from the moment it is accepted by the Client and shall remain in effect indefinitely.
10.2. A Client who does not agree with the terms of this Agreement is entitled to terminate it by sending a corresponding written notice to the Provider’s email address, info@freedompay.kz, 30 (thirty) calendar days before the proposed date of termination.
10.3. Termination of the provision of services between the Client and the Provider within the Platform does not entail termination of the provision to the Client of services connected from the Platform’s Partners, including payment services provided by the Provider itself.
10.4. Upon termination of the Agreement, including early termination, this Agreement remains in effect until the Parties have fully performed their obligations.
10.5. Neither Party may transfer its rights and obligations under this Agreement to a third party without the written consent of the other Party, except as otherwise provided in this Agreement.
10.2. A Client who does not agree with the terms of this Agreement is entitled to terminate it by sending a corresponding written notice to the Provider’s email address, info@freedompay.kz, 30 (thirty) calendar days before the proposed date of termination.
10.3. Termination of the provision of services between the Client and the Provider within the Platform does not entail termination of the provision to the Client of services connected from the Platform’s Partners, including payment services provided by the Provider itself.
10.4. Upon termination of the Agreement, including early termination, this Agreement remains in effect until the Parties have fully performed their obligations.
10.5. Neither Party may transfer its rights and obligations under this Agreement to a third party without the written consent of the other Party, except as otherwise provided in this Agreement.
11. Other Terms
11.1. The Parties hereby establish the possibility of using the Client’s digital signature (hereinafter “EDS”) (if a legal entity — the EDS of the head of the executive body; if an individual entrepreneur — the EDS of the individual themselves) for the purpose of signing documents of the Provider or the Platform’s Partners.
11.2. The Parties recognize the legal validity of documents signed using an EDS. Documents signed using an EDS are deemed equivalent to paper documents signed by handwritten signature.
11.3. All actions performed using the EDS of the relevant party shall be deemed to have been performed by that party, unless proven otherwise.
11.4. By accepting the terms of this Offer, the Client consents to receive informational mailings about the Platform and its services at the email addresses provided.
11.5. Claims, proposals and other additional information shall be sent to the Provider’s email address: info@freedompay.kz.
11.6. Any disagreements and disputes arising between the Parties in connection with the performance of the agreement shall be resolved through negotiations between the Parties. If the Parties fail to reach agreement on disputed issues, all disputes, disagreements or claims arising out of the agreement or in connection with it, including those relating to its performance, breach, termination or invalidity, shall be resolved in the courts of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.
11.2. The Parties recognize the legal validity of documents signed using an EDS. Documents signed using an EDS are deemed equivalent to paper documents signed by handwritten signature.
11.3. All actions performed using the EDS of the relevant party shall be deemed to have been performed by that party, unless proven otherwise.
11.4. By accepting the terms of this Offer, the Client consents to receive informational mailings about the Platform and its services at the email addresses provided.
11.5. Claims, proposals and other additional information shall be sent to the Provider’s email address: info@freedompay.kz.
11.6. Any disagreements and disputes arising between the Parties in connection with the performance of the agreement shall be resolved through negotiations between the Parties. If the Parties fail to reach agreement on disputed issues, all disputes, disagreements or claims arising out of the agreement or in connection with it, including those relating to its performance, breach, termination or invalidity, shall be resolved in the courts of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.
Appendix No. 1 to the Public Offer for Clients
to Join the “FREEDOM PAY LIGHT” Platform
to Join the “FREEDOM PAY LIGHT” Platform
Additional information about the Partners:
Official website: __________________________________
Contacts: __________________________________________
Links to licenses and permits: ____________________
Details/requisites: ___________________________________________
Email: ____________________________________
Official website: __________________________________
Contacts: __________________________________________
Links to licenses and permits: ____________________
Details/requisites: ___________________________________________
Email: ____________________________________
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Final Terms
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