1. General Provisions1.1. These Rules of Freedom Pay payment company (hereinafter referred to as the Rules) define the uniform conditions and procedures that ensure the implementation of transactions in the Freedom Pay system (hereinafter referred to as the Payment Provider) and establish general requirements for the procedure for the provision of payment services:
for the sale (distribution) of electronic money;
for the acceptance and processing of payments made using electronic money;
for the processing of payments initiated by the client in electronic form, and the transfer of the necessary information to the bank, organization carrying out certain types of banking operations, to make a payment and (or) transfer or accept money for these payments.
1.2. The Rules have been developed in accordance with the Law of the Republic of Kazakhstan "On Payments and Payment Systems" (hereinafter referred to as the Law of the Republic of Kazakhstan "On Payments") and other regulatory legal acts of the Republic of Kazakhstan.
1.3. These Rules are mandatory for all Participants in the settlements of the Payment Provider system.
1.4. The conclusion of agreements for the provision of payment services by the Payment Provider is carried out in accordance with the Law of the Republic of Kazakhstan "On Payments", the Civil Code of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan (hereinafter referred to as the RK). In this case, the Agreement is deemed concluded and comes into force from the moment the Client of the Payment Provider performs the actions stipulated in the "Public Offer for the Provision of Services of Freedom Pay System" posted on the website of the Payment Provider at: https://freedompay.money/kz.
1.5. The Rules use the concepts defined by the Law "On Payments", the Law of the Republic of Kazakhstan "On Electronic Document and Electronic Digital Signature", the Law of the Republic of Kazakhstan "On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" and other regulatory legal acts of the Republic of Kazakhstan in the field of making payments and ensuring their security.
2. Terms and definitionsThe terms used in the text of these Rules have the following meaning:
2.1.
Authorization — verification by the Payment Provider of the Participants of the Electronic Money System to grant them the right to perform transactions using electronic money in the Payment Provider System, including granting access to their personal account. The authorization procedure is established by the Payment Provider and communicated to the Owners of electronic money during registration.
2.2.
Agent of the electronic money system (hereinafter referred to as the Agent) — a bank, an organization carrying out certain types of banking operations, the National Postal Operator and a payment agent carrying out activities to purchase electronic money from the issuer and owners - individuals for their subsequent sale to individuals on the basis of an agreement concluded with the issuer of electronic money or the operator of the electronic money system.
2.3.
Authentication — procedures and a set of measures established by the Payment Provider and communicated to the Participants of the System to confirm the authenticity and accuracy of the composition of electronic messages, as well as to establish the fact of transmission of an electronic message directly by the Participant of the System specified as the sender and recipient.
2.4.
Uninterrupted functioning of the Payment Provider is a complex property of the Payment Provider, which denotes its ability to prevent disruptions in proper functioning (including preventing suspension (termination) of transactions or improper execution of transactions), as well as to restore proper functioning in the event of a disruption.
2.5.
Owner of electronic money or Owner of EM: an individual, resident or non-resident, who has reached the age of sixteen, who has received electronic money from the Issuer, Agent or from other individuals - Participants of the Payment Provider;
Agents;
Individual entrepreneurs and legal entities;
Partners who have received electronic money from Participants of the Payment Provider - individuals as payment for civil transactions.
The rights of the Owner of electronic money arise from the moment of receipt of electronic money.
2.6.
Issue/emission of electronic money - issuance by the Issuing Bank of electronic money to Participants of the System by exchanging it for an amount of money equal in par value.
2.7.
Payment — transfer
of funds pre-credited by the Service Provider to a specialized transit account of the Bank for the purpose of subsequent transfer to the current account of the Client's Payment Card and/or IBAN based on the instruction received by the Bank from the Payment Provider.
2.8.
Identification Request — a request of an individual for identification in the Payment Provider System, drawn up in the established form, subject to completion by the System Participant for the purpose of identification in accordance with these Rules and containing the condition on the conclusion of the relevant agreement between the Payment Provider and the System Participant.
2.9.
Identification — the procedure provided for by these Rules, consisting of establishing the identity of an individual based on the identity document provided by him to the Payment Provider and other documents necessary for identification required by these Rules, and registering the individual in the System while preserving his personal data.
2.10.
Information on information security incidents (including information on violations, failures in information systems) - information on individual or serial failures in the operation of the information and communications infrastructure or its individual objects that create a threat to their proper functioning and (or) conditions for the illegal receipt, copying, distribution, modification, destruction or blocking of electronic information resources of the Payment Provider.
2.11.
Information security - the state of protection of electronic information resources, information systems and information and communications infrastructure from external and internal threats.
2.12.
Information and communications infrastructure of the Payment Provider (hereinafter referred to as the information infrastructure) - a set of objects of the information and communications infrastructure intended to ensure the functioning of the technological environment for the purpose of forming electronic information resources and providing access to them.
2.13.
Information asset of the Payment Provider - a set of information and an object of the information and communications infrastructure used for its storage and (or) processing.
2.14.
An information security incident (including violations, failures in information systems (hereinafter referred to as an information security incident)) is an isolated or serial failure in the operation of the information and communication infrastructure or its individual objects that creates a threat to their proper functioning and (or) conditions for the illegal receipt, copying, distribution, modification, destruction or blocking of electronic information resources of the Payment Provider.
2.15.
Use of electronic money is the transfer of electronic money by one Participant of the System to another Participant for the purpose of making a payment under civil transactions and (or) other transactions related to the transfer of ownership of electronic money.
2.16.
Payment history is a section in the personal account of the Owner of electronic money containing a chronological record of payments made in the System by the Owner of electronic money and other transactions using electronic money.
2.17.
Conversion of EM/conversion is an intra-system transfer of electronic money into electronic money of another payment service with the reflection of the electronic money acquired by conversion in the electronic wallets of other Payment Providers. If such a service is provided within the Payment Provider, information about it will be additionally posted on the Internet resource of the Payment Provider.
2.18.
Client — an individual who has due legal capacity in accordance with the legislation of the Republic of Kazakhstan to make a Payment, who has performed implicative actions aimed at concluding a Service Agreement, and who has Authentication data for accessing the System for the purpose of managing his/her Account and the subsequent provision by the Payment Provider of payment services stipulated by the Rules.
2.19.
Personal Account — a personal section of the Owner of electronic money on the Internet resource of the Payment Provider, through which the owner of electronic money has access to his/her electronic wallet to obtain the necessary information about the balance of electronic money, transactions carried out on it, making payments and other transactions using electronic money in the manner prescribed by these Rules and concluded agreements. The list of services provided through the personal account of the Owner of electronic money is established by the Payment Provider.
2.20.
Login – a unique sequence of characters denoting the conventional name of the Owner of electronic money in the System and used for the purpose of his authorization for access to the personal account.
2.21.
International payment system (IPS) - a system of settlements between banks of different countries, using uniform standards of payment instruments of this system.
2.22.
Operator of the electronic money system/Operator – Freedom Pay LLC, which is the Payment Provider and ensures the functioning of the Electronic Money System, including the collection, processing and transmission of information generated during transactions using electronic money. Electronic money transactions — issue, distribution, use and redemption of electronic money.
2.23.
Information security assurance — a process aimed at maintaining the confidentiality, integrity and availability of the Payment Provider's information assets.
2.24.
Offer — an agreement for the provision of services by the Payment Provider for the issue, use and redemption of electronic money, which is an accession agreement in accordance with the provisions of Article 389 of the Civil Code of the Republic of Kazakhstan, posted on the Internet resources of the Payment Provider.
Within the framework of these Rules, Accession Agreements also include agreements that, at the discretion of the Payment Provider, may be concluded in the manner prescribed by the legislation of the Republic of Kazakhstan with the Participants of the System for the provision of electronic money services by the Payment Provider, with their posting on the Internet resource of the Payment Provider.
2.25.
Password — a unique sequence of characters known only to the Owner of the electronic money, intended for access to the services of the Payment Provider.
2.26.
Redemption of electronic money — a service of the Bank of the Issuer of Electronic Money, which provides for the implementation by the Issuer of Electronic Money of the exchange of electronic money issued thereby, presented by the owner of electronic money, or subject to exchange without their presentation by the owner in cases stipulated by the laws of the Republic of Kazakhstan, for an amount of money equal to their nominal value;
2.27.
Partner — legal entities and individual entrepreneurs, private notaries, lawyers, private officers of court accepting electronic money of the Payment Provider System for payment for the goods they supply, works and/or services provided.
2.28.
Payment Provider Program — software and hardware of the Payment Provider, ensuring the provision of services to the Participants of the System for conducting transactions with electronic money.
2.29.
Recipient of payment/transfer — a legal entity or an individual registered as an individual entrepreneur who has entered into a separate agreement with the Payment Provider and in whose favor the Client makes a payment for the Goods, or an individual accepting funds from the Client that are not related to entrepreneurial activity.
2.30.
Perimeter of protection of the information and communication infrastructure — a set of software and hardware that separates the information and communication infrastructure of the Payment Provider from external information networks and ensures protection against information security threats;
2.31.
Security procedures — a set of organizational measures and software and hardware means of information protection designed to verify the rights of the owner of electronic money to use electronic money and to detect errors and/or changes in the content of transmitted and received electronic messages when using electronic money.
2.32.
Service Provider (Merchant) — a trade and service enterprise providing services for the sale of goods, works and/or services to third parties that have entered into the relevant Agreements with the Payment Provider for the provision of payment services.
2.33.
Freedom Pay System /System — a set of software and hardware, documentation, and organizational and technical measures to ensure the execution of payments and other transactions with electronic money.
2.34.
System Settlement Participants/Participants — Issuer, Agent, Payment Provider, individuals (residents and non-residents who have reached the age of sixteen) and Partners who have accepted the obligation to comply with the Payment Provider Rules.
2.35.
Information security threat — a set of conditions and factors that create the preconditions for an information security incident.
2.36.
Electronic money/EM — unconditional and irrevocable monetary obligations of the Issuer, stored in electronic form and accepted as a means of payment in the Payment Provider System by Participants. Electronic money is denominated in the national currency of the Republic of Kazakhstan — tenge.
2.37.
Electronic wallet – a microprocessor (chip), personal computer software, other software and hardware that stores electronic money and/or provides access to it, opened in the Payment Provider.
2.38.
Electronic message – any message generated electronically and transmitted between the Participants of the System, via a secure communication channel.
2.39.
Issuer/Bank – the Issuer that issues and redeems electronic money in the Payment Provider System.
3. Description of payment services provided by the Payment Provider3.1.
Services for the sale (distribution) of electronic money: 3.1.1. Services for the sale (distribution) of electronic money are rendered by the Payment Provider on the basis of agreements for the provision of payment services concluded between the Payment Provider and the issuer of electronic money, in accordance with the terms of which the Payment Provider acts as
an Operator, Agent and Partner of the System , and carries out activities to ensure the acquisition of money by the System Participants from the Issuer and the execution of transactions using them, independent acquisition of electronic money from the Issuer and Owners for their subsequent sale to Clients in accordance with the Law of the Republic of Kazakhstan "On Payments and Payment Systems".
3.1.2. Services for the sale (distribution) of electronic money are rendered when the Client deposits cash through electronic terminals (devices) of payment agents/subagents, and/or using other means of electronic payment, the list of which is posted on the Website of the Payment Provider.
3.1.3. The relations between the issuer of electronic money and its owner are regulated by the Law of the Republic of Kazakhstan "On Payments" and a separate offer agreement of the issuer of electronic money for the issue, use and redemption of electronic money, concluded between the Payment Provider as the Operator of the Electronic Money System and the Owners in accordance with the legislation of the Republic of Kazakhstan. The offer agreement for the issue, use and redemption of electronic money is posted on the website of the Payment Provider on the Internet at: https://freedompay.kz/kz.
3.2. Services for the acceptance and processing of payments made using electronic money: 3.2.1. Payments using EM are carried out in compliance with the requirements of the current legislation of the Republic of Kazakhstan. Settlements with electronic money are a type of non-cash payments carried out in the form of a transfer of electronic money without opening a bank account.
3.3. Services for processing payments initiated by the client in electronic form and transferring the necessary information to the bank, an organization carrying out certain types of banking operations, for making a payment and (or) transferring or accepting money for these payments: 3.4. Services for processing payments initiated by the client in electronic form and transferring the necessary information to the bank, an organization carrying out certain types of banking operations, for making a payment and (or) transferring or accepting money for these payments are carried out by agreement with the Bank System and in compliance with the requirements of the current legislation of the Republic of Kazakhstan.
4. Procedure and terms for providing payment services to clients of the Payment Provider4.1.
Procedure for providing services for the sale (distribution) of electronic money: 4.1.1. To purchase electronic money, the Client must register an electronic wallet. Registration is carried out using the Subscriber phone number.
4.1.2. To register an electronic wallet, the Client must familiarize themselves with the terms of the public Offer Agreement of the Payment Provider (hereinafter referred to as the "Offer"), posted on the Payment Provider's Website, and, if the Client agrees to the terms, the Client fully and unconditionally accepts the Offer.
4.1.3. By registering an electronic wallet, the Client accepts the terms of the Offer, and also fully and without any exceptions accepts the terms of the Offer for the provision of non-cash payment services using electronic money within the electronic money system of the Payment Provider.
4.1.4. Registration of the Client's electronic wallet in the System, as well as the purchase of electronic money and subsequent replenishment of the balance of the electronic wallet, is carried out
when the Client replenishes the electronic wallet with cash through electronic terminals of payment agents/subagents, ATMs, through financial Internet portals, as well as using payment cards and other methods of electronic payment, the list of which is posted on the System's Website in the following order:
4.1.4.1. The issue of electronic money is carried out by the issuer of electronic money after receiving money from the Client or agents in an amount equal to the nominal value of the obligations assumed.
4.1.4.2. At the time of sale of electronic money, the Client is issued a receipt or other document confirming the fact of purchase of electronic money by the Client.
4.1.5. The receipt contains the following details:
- details of the issuer, including its business identification number ;
- time and date of the transaction;
- receipt serial number;
- the amount of money accepted or payments received from the owner of electronic money;
- the amount of issued electronic money;
- identification code of the electronic wallet of the owner of electronic money who is an individual;
- the amount of the commission fee (if charged).
It is allowed to reflect in the receipt additional details established by the issuer of electronic money. 4.1.6. Electronic money is deemed sold to the Client from the moment of reflection of information on the available balance of electronic money in the Client's electronic wallet.
4.1.7. Terms of provision of the payment service - 1 (one) business day from the moment of receipt of money from individuals, electronic money is sold to an individual with reflection in the electronic wallet of the owner of the electronic money.
4.2.
Procedure for provision of the service for acceptance and processing of payments made using electronic money: 4.2.1. In the EM System, the Payment Provider is the operator of the EM System. According to the Offer, the Operator of the EM System provides Clients with services for acceptance and processing of payments made using electronic money.
4.2. 2. In order to provide the payment service, the Client must register in the EM System and purchase electronic money. After registering the Client's account in the EM System and acquiring electronic money, the Client has the right to use the EM System, including accessing the Account Balance for the purpose of making payments.
4.2.3. Payments are made by the Client by generating, certifying and transmitting via the EM System to the issuer of electronic money an order using Electronic Money to make a payment in favor of a specific Recipient of the payment in electronic form.
4.2.4. To generate an order, the Client provides payment details (including the following information:
- The recipient of the payment, in whose favor the payment is made using electronic money;
- payment details identifying the purpose of the payment (such as the number and date of the agreement between the Client and the Recipient of the payment, other details, depending on what information must be provided at the time of payment);
- the amount of payment; etc.
in one of the following ways:
- by filling out the appropriate form on the Website;
- by filling out the appropriate form on the electronic terminal of the payment agent/subagent;
- by filling out the appropriate form on a mobile device using the EM System mobile application.
4.2.5. The verification of the payment order is carried out depending on the settings of the EM System established by the Client:
- when the Client enters the Authentication data assigned to him at the time of registration of the Client Account;
- when the Client enters the Authentication data assigned to him at the time of registration of the Client Account, as well as by entering the Confirmation Code sent/transmitted to the Subscriber Number by the software of the Payment Provider;
- when using commands via Message-confirmation of payments.
4.2.6. Entering the correct Authentication data, Confirmation codes, or commands via Message confirmation of payments is recognized by the parties as unambiguous and indisputable confirmation of the payments made.
4.2.7. Using the Authentication data in electronic messages transmitted by the Client for the purpose of authorizing the Account and using the EM System, Confirmation codes, commands transmitted via Message confirmation for the purpose of generating and sending instructions, gives rise to legal consequences similar to the use of handwritten signatures in accordance with the requirements of the legislation of the Republic of Kazakhstan, and all documents related to the execution of the Agreement for the provision of services concluded under the terms of the Offer and certified by any of the above methods are recognized as documents in writing.
4.2.8. After checking the accuracy of the Authentication data entered by the Client, Confirmation Codes or commands transmitted via Message confirmation, as well as the sufficiency of the amount of electronic money on the balance of the Client's Account to make a payment, the Payment Provider transfers the information specified by the Client in the order to the Issuer, and notifies the Client of the acceptance for execution or refusal to execute the corresponding order by the issuer of electronic money.
4.2.9. The execution by the Issuer of the Client's orders to make a payment is carried out on the terms established by the Public Offer for the provision of non-cash payment services using Electronic Money within the System.
4.2.10. The Payment Provider undertakes to record in the electronic accounting register the emergence, change or termination of mutual rights and obligations of the parties under the Service Agreement concluded by the Client by joining the Offer through the performance of implicative actions provided for by the Offer.
4.2.11. The Client is informed about each payment made by posting information in the "Reports" section of the Client's Account, access to which is provided to the Client on the System's Website. The Client undertakes to check the information in the "Reports" section at least once a day. If the Client fails to check the information about payments made in the "Reports" section on the System's Website, the Payment Provider shall not be liable due to the fact that the Client has not received information about the transaction. The Client acknowledges and, by accepting the Offer, confirms that from the moment the information about the payment made is posted in the "Reports" section on the System's Website, the Payment Provider's obligation to inform the Client has been properly fulfilled.
4.2.12. The Payment Provider may also send the Client SMS notifications about write-off transactions (except for write-off transactions in favor of the Payment Provider) and transactions to replenish the Client's Account to the Subscriber Number specified during registration of the Client's Account.
4.3.
Registration in the Electronic Money System of Partners accepting electronic money for payment: 4.4. In order for a legal entity and/or individual entrepreneur (hereinafter referred to as the Partner) to accept electronic money for payment, a Partnership Agreement for the acceptance of electronic money by the Payment Provider shall be concluded in the form agreed upon between the Partner and the Payment Provider.
4.5. In order to register a Partner in the EM System, the Partner shall perform the following actions:
- Fills out the service provider's questionnaire to connect to the EM System;
- After submitting the application, the procedure for agreeing and signing the agreement between the Partner and the Payment Provider takes place.
- Based on the assigned unique identifier of the Partner, a connection to the EM System is established.
4.6.
Procedure for the formation of statistical and other reports for the issuer of electronic money 4.6.1. The Payment Provider daily transfers to the Issuer the following set of incoming files and reports containing information on completed transactions with electronic money:
1) Incoming files (registers) intended for automated accounting of transactions:
- file detailing the operations carried out in the EM System;
- file of summary amounts by counterparties with details by provider/agent code;
- file of summary amounts by counterparties - the result of grouping the file of details of operations by the operation code and the unique contract identifier;
- a file of payment orders issued by Clients through the System’s Website or electronic terminals of payment agents/subagents;
- a file of consolidated payment orders generated by grouping payment orders issued by Clients;
- file of turnovers and balances by wallets;
2) Reports:
- report on settlements with counterparties on transactions for payment of goods and services and wallet replenishment in human-readable format (repeats the contents of the file of summary amounts by counterparties).
- report on consolidated payment orders (loan repayments) in human-readable format (repeats the contents of the consolidated payment order file);
- report on balances and turnovers by wallets.
4.6.2. A report for the National Bank of the Republic of Kazakhstan, formed in accordance with the requirements established by the regulatory legal acts of the National Bank of the Republic of Kazakhstan, is also generated and submitted on a quarterly basis.
4.7.
The procedure for reflecting electronic wallets in the EM System (scheme of cash and information flows) 4.7.1. According to the below scheme of cash and information flows between the participants of the EM System, the issue (emission) of electronic money is carried out by the Issuer after receiving money from Clients (individuals, agents, sole proprietors and legal entities), subject to registration in the EM System in accordance with the Rules.
4.7.2. The issue of electronic money to the Client is carried out by the Issuer after the Client makes a payment by means of a non-cash money transfer.
4.7.3. When depositing or transferring money, the Client indicates the number of the Electronic Wallet opened in the EM System, to which the electronic money purchased by him is credited.
4.7.4. In case of depositing money by third parties for crediting electronic money to the Client's Electronic Account, the rights and obligations with respect to the acquired/gratuitously received electronic money arise for the Client - the owner of the electronic wallet. These actions are assessed as committed by third parties in the interests of the owner of the electronic wallet.
4.7.5. The Issuer ensures that the total amount of money accepted from Clients reflected in its balance account corresponds to the amount of electronic money in the Issuer's position in the EM System.
4.7.6. The Client's electronic money is deemed to be issued by the Issuer from the moment the information on the available amount of electronic money is reflected in the Electronic wallet.
4.7.7. The Payment Provider verifies the data received from the Issuer and reflects the amount of electronic money issued specified in the Issuer's electronic message in the Issuer's position in the EM System and in the Client's Electronic wallet.
4.8.
Use and redemption of electronic money 4.8.1. Electronic money shall be used by its owner for the purpose of making payments under civil transactions, as well as for conducting other transactions on the terms and conditions determined by the Rules and not contradicting the legislation of the Republic of Kazakhstan.
4.8.2. Payments and other transactions using electronic money shall be carried out by its owner in favor of the identified owner of electronic money.
4.8.3. Electronic money owned by an unidentified individual shall not be subject to sale to the Agent (purchase by the Agent).
4.8.4. The Partner who has received electronic money in the electronic money system when conducting civil transactions has the right to a monetary claim against the issuer of electronic money in the amount of the accepted payment.
4.8.5. The maximum amount of one transaction conducted by an unidentified owner of electronic money - an individual, shall not exceed an amount equal to fifty times
the monthly calculation indicator established for the relevant financial year in accordance with the legislation of the Republic of Kazakhstan.
4.8.6. The maximum amount of one transaction performed by an owner of electronic money with simplified identification - an individual, shall not exceed an amount equal to one hundred times the monthly calculation index established for the relevant financial year, in accordance with the legislation of the Republic of Kazakhstan.
4.8.7. The maximum amount of one transaction performed by an owner of electronic money - an individual entrepreneur or a legal entity, shall not exceed an amount equal to one thousand times the monthly calculation index established for the relevant financial year, in accordance with the legislation of the Republic of Kazakhstan.
4.8.8. The maximum amount of electronic money stored on one electronic device of an unidentified owner of electronic money - an individual, shall not exceed an amount equal to one hundred times
the monthly calculation index established for the relevant financial year, in accordance with the legislation of the Republic of Kazakhstan.
4.8.9. The amount of electronic money stored in the electronic wallet of an owner of electronic money with simplified identification - an individual, shall not exceed an amount equal to three hundred times the monthly calculation index established for the relevant financial year, in accordance with the legislation of the Republic of Kazakhstan.
4.8.10. The total amount of payments and (or) other transactions using electronic money from the electronic wallet of an unidentified owner of electronic money - an individual during a business day must not exceed an amount equal to one hundred times the monthly calculation indicator established for the relevant financial year in accordance with the legislation of the Republic of Kazakhstan.
4.8.11. The total amount of payments and (or) other transactions using electronic money from the electronic wallet of an owner of electronic money with simplified identification - an individual to the electronic wallet of an owner of electronic money, who was identified or passed simplified identification, during a business day must not exceed an amount equal to three hundred times the monthly calculation indicator established for the relevant financial year in accordance with the legislation of the Republic of Kazakhstan.
4.8.12. Redemption of electronic money - a payment service providing for the exchange by the Issuer of electronic money issued by it, presented by Clients/Partners/Agents, or subject to exchange without their presentation by the owner in cases stipulated by the laws of the Republic of Kazakhstan, for an amount of money equal to their nominal value.
4.8.13. Redemption of electronic money is carried out by the Issuer by transferring an amount of money equal to their nominal value to the bank account of the Client - the owner of electronic money - an individual or by issuing cash to him.
4.8.14. To redeem electronic money to the bank account of the Client - the owner of electronic money through the mobile application and/or the System Website, the Client forms an instruction on redemption of electronic money, in which he specifies the amount of electronic money to be redeemed and specifies the bank account to which the electronic money should be redeemed. The Payment Provider sends the Client's instruction to the Issuer to carry out the redemption procedure. Before redemption, the Issuer carries out the procedure for checking the bank account specified by the owner of electronic money to which the electronic money should be redeemed:
- if, upon verification by the Issuer of the data specified by the owner of electronic money/client in the instruction, the bank account belongs to the client, the operation is deemed successful and the issuer redeems the electronic money to the client’s bank account;
- if, upon verification by the issuer of the data specified by the client in the instruction, the bank account does not belong to the Client, the electronic money is not redeemed. The Client is sent a notification of an unfinished operation to redeem electronic money due to a discrepancy between the identification data of the owner of the electronic money and the owner of the bank account.
4.8.15. Electronic money redemption operations are not available to unidentified owners of electronic money. If the client initiates an electronic money redemption operation, the client will be sent a notification about the impossibility of carrying out such an operation, with an offer to undergo a full identification procedure or a simplified identification indicating the addresses to which the owner of the electronic money can apply to undergo full identification.
4.8.16. The Issuer verifies the received data and sends a message to the Payment Provider about the redemption of electronic money based on the Client's application.
4.8.17. When redeeming electronic money, the amount of money issued must correspond to the amount of electronic money presented for redemption.
4.8.18. It is prohibited to redeem electronic money by transferring money to a bank account or electronic payment instrument of the owner of electronic money - an individual without receiving confirmation of the ownership of the bank account or electronic payment instrument by this individual.
4.9.
Procedure for closing an electronic wallet in the electronic money system 4.9.1. When the Client closes the electronic wallet, an instruction to close the Electronic wallet is generated in the mobile application and/or on the System Website, indicating the method for withdrawing electronic money (if any) in cash and/or non-cash form. If the Client is not identified, he/she must undergo the identification/simplified identification procedure to close the Electronic wallet. After completing such a procedure, the Client sends an instruction to close the Electronic wallet and withdraw electronic money in the ways specified above. After redeeming the electronic money, the Payment Provider sends the Client's instruction to close the Electronic wallet to the Issuer to close the electronic wallet.
4.9.2. If there is no electronic money in the Client's Electronic wallet, the identification procedure for closing the Electronic wallet is not required by the legislation of the Republic of Kazakhstan.
4.10.
Full and simplified identification of the owner of electronic money - an individual 4.10.1. The Identification Procedure in the System is divided into simplified and full identification.
4.10.2. Full identification of the owner of electronic money is carried out by the Electronic Money Operator in the personal presence of the owner of electronic money and upon presentation of an identity document, or by means of remote identification based on information from available sources received from the operational center of the interbank money transfer system, as well as in another way that does not contradict the requirements of the legislation of the Republic of Kazakhstan.
4.10.3. Identification includes the implementation of the following measures:
- recording information necessary to identify an individual performing a transaction with money or other property and (or) other property: details of the document certifying his identity, individual identification number, as well as legal address;
- recording information necessary to identify a legal entity conducting a transaction with money or other property and (or) other property: data from constituent documents, business identification number, and location address.
4.10.4. The simplified identification of the Client is carried out by holding a video conference session or by recording the Client's image using a specialized application implementing the technology for detecting the movement of the person being interviewed during the identification process.
4.10.5. The simplified identification is carried out through the official Internet resource and (or) mobile application of the Issuer and/or the Operator. During the simplified identification, the Operator ensures:
- full identification of the owner of electronic money - an individual and a document certifying his identity;
- obtaining confirmation from open sources of the individual identification number of the owner of electronic money - an individual.
4.10.6. The payment service provision period is within 1 (one) business day following the day of payment acceptance.
4.11.
The procedure for providing the service for processing payments initiated by the Client in electronic form and transferring the necessary information to the bank, organization carrying out certain types of banking operations, to make a payment and (or) transfer or accept money for these payments (hereinafter referred to as payments): 4.11.1. The payment processing service is provided as follows:
4.11.1.1. The Payment Provider, within the framework of the agreement concluded with the servicing Bank, ensures the processing of payments initiated by the Client, including using bank cards, indicating the details of the purpose of the relevant payment and the beneficiary of the relevant payment, followed by ensuring the transfer of the payment details for its execution in favor of the relevant Bank, and the Bank, in turn, executes the Client's instructions transmitted through the Payment Provider in electronic form.
4.11.1.2. The Client initiates payments via WEB applications, online applications, mobile applications (applications for mobile devices), self-service terminal software, widgets and other applications that enable the Client to initiate electronic orders to debit funds from the Client's bank card with their crediting to the Bank for the purpose of subsequent execution of the Client's order/instruction received by the Payment Provider from the Client and transferred by the Payment Provider to the Bank.
4.11.1.3. When providing a payment service, the Payment Provider ensures the following algorithm of actions:
- The client logs into the relevant application of the Payment Provider via the Internet, mobile phone, or self-service terminal;
- The Client becomes familiar with the tariff (commission amount) for the provision of the relevant service by the Payment Provider;
- The client becomes familiar with the terms of the payment service and agrees to the terms of the offer agreement posted in the relevant application;
- The Client initiates a payment in favor of the Service Provider and/or a money transfer in favor of an individual (beneficiary) in the application;
- The Client enters the details for the Bank to execute the payment into the electronic application;
- To pay a fee and/or transfer money, the Client enters the details of a bank card or bank account;
- The Payment Provider initiates the Client’s order received in electronic form by sending a request to the Bank;
- The Bank, having received confirmation from the Payment Provider and the Client, debits from the Client’s bank card and/or current account the amount of the transaction initiated by the Client, taking into account the commission fee of the Payment Provider;
- The Payment Provider receives confirmation of payment execution from the bank;
- The Payment Provider issues the client an electronic confirmation confirming that the client has completed the transaction and that the Payment Provider's commission has been debited from the client;
- The Bank, based on the data received electronically during the transaction, transfers funds for transactions to the current account of the Service Provider and/or to the bank card and/or IBAN of the Client, minus the commission fee of the Bank and the Payment Provider.
- The Bank's transfer to the current account of the Service Provider for payments made, as well as to the bank card and/or IBAN of the Client within the framework of payments received from the Service Provider, is made by the Bank in the currency permitted by the special transit account of the servicing Bank.
4.11.2. Payment service provision terms - within 1-4 business days from the day following the day of payment receipt.
5. Cost of payment services (tariffs) provided by the Payment Provider5.1. The cost of payment services (Rates) provided by the Payment Provider is determined in accordance with Appendix No. 1 to the Rules.
6. The procedure for interaction with third parties providing technological support for payment services provided by the Payment Provider6.1. Third parties are legal entities and individual entrepreneurs who:
- provide services to the Payment Provider or act in the interests of the Payment Provider;
- are not part of the Payment Provider's group of companies and are not employees of the Payment Provider.
6.2. Connection of third party information systems to the Payment Provider systems is carried out on the basis of a concluded agreement for the provision of information and/or technological services or agreements on the agency for premium payments, which must include clauses on non-disclosure of confidential information.
6.3. An agreement on non-disclosure of confidential information establishes the obligation of the third party to maintain the confidentiality of information, as well as liability for disclosure of confidential information to which it gains access.
6.4. The concluded agreement or agreement on non-disclosure of confidential information must take into account standard provisions on the third party's fulfillment of requirements for ensuring information security. The requirements must include at least the following:
- Obligations to maintain the required level of information security;
- Liability for breach of the specified obligations;
- Activities for notification of information security incidents and violations in the information security system.
7. Information on the risk management system used by the Payment Provider7.1. The Payment Provider regularly conducts marketing research, including market analysis, competitiveness, and consumer capacity. The Commercial Department of the Payment Provider introduces a new Service Provider into the Payment Provider's system, carries out an economic analysis of its activities, and identifies the payment burden on Clients.
7.2. After the above actions have been carried out and a positive decision has been made on working with the Service Provider, the latter is requested to provide all necessary documents as part of the assessment of compliance with the requirements of the AML/CFT legislation. In the absence of compliance risks, technical documentation is exchanged to connect the Service Provider to the Payment Provider's system using the API technical interaction protocol.