Public Offer#
1. GENERAL PROVISIONS#
Almaty
05.04.2024
1.1. This public offer contains the terms for the services offered by the Provider through the website up-rate.kz, as well as other information resources administered by the Provider;
1.2. The term "Provider" in this Public Offer means Limited Liability Partnership "Ap Rate" (hereinafter – "Ap Rate" LLP), BIN [specify BIN], registered at [specify registration address];
1.3. The term "Client" means an individual or sole proprietor who intends to receive the Provider's service;
1.4. The term "Application" means the Client's request to the Provider in any form, including but not limited to: completing a form on the Provider's website; contacting through the Provider's service listings on service-aggregator websites; direct contact via the Provider's phone numbers or messengers;
1.5. This Public Offer is a bilateral agreement with open terms between the Client and the Provider. The essential terms of each transaction made by the Client are formed online individually through the Provider's website interface or in correspondence between the Client and the Provider, whereby the Client selects the service parameters and agrees on the transaction terms.
2. SUBJECT OF THE AGREEMENT#
2.1. The Provider renders paid services to the Client for online reputation management on the platforms listed in clause 2.2, including: assistance with collecting reviews, assistance with writing review texts, assistance with publishing reviews, assistance with removing inaccurate reviews;
2.2. The Provider renders services in relation to reviews on the following internet resources: irecommend.ru, otzovik.com, zoon.ru, apoi.ru, pravogolosa.net, flamp.ru, 2gis.ru, spr.ru, apoi.ru, yell.ru, otzyv-pro.ru, spasibovsem.ru, otzyvov.net, ru.otzyv.com, yp.ru, orgpage.ru, gmstar.ru, ru.all.biz, Yandex Maps, Google Maps. Before starting work, the Parties jointly determine the internet resources to be used for providing services;
2.3. The term and cost of services are agreed by the Parties in the Response to the Application;
2.4. The agreement, regardless of the Client's status, is concluded by the Client for the purpose of improving the reputation of the Client's organization on the internet in the course of the Client's entrepreneurial activity. In this regard, the provisions of the Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV "On Consumer Rights Protection" do not apply to the relations of the Parties insofar as they concern consumer rights when services are provided for entrepreneurial activity.
3. ACCEPTANCE OF THE OFFER#
3.1. The Provider's obligation to render services arises upon the simultaneous fulfillment of the following conditions:
3.1.1. The Client provided the Provider in the Application with information about the Client's field of activity, the selected internet resources containing reviews, and the required scope of services;
3.1.2. The Provider studied the provided information and confirmed in the Response to the Application the possibility of rendering the service by sending a reply message indicating the service price;
3.1.3. The Client paid for the services in the amount specified by the Provider. By paying for the services, the Client expresses agreement with the conditions regarding the scope of services, their price, and terms;
3.2. Payment made without meeting the conditions of clauses 3.1.1 and 3.1.2 does not constitute acceptance.
4. PROCEDURE FOR RENDERING SERVICES#
4.1. The Client provides the Provider with access to personal accounts of internet resources for collecting and publishing reviews;
4.2. The Provider, in accordance with the Client's Application and the Response to the Application, ensures timely rendering of services in the scope agreed by the Parties;
4.3. The Provider determines the volume of text independently, taking into account the individual characteristics and rules of each platform;
4.4. The Provider has the right to use emojis, images, and other symbolic and graphic communication attributes accepted in social networks in review texts; if necessary, reasonable deviations from the norms of the Russian literary language and the use of slang accepted in social networks are allowed;
4.5. The Provider undertakes to ensure protection against unauthorized access, use, or dissemination by third parties of the Client's logins and passwords that become known to the Provider in the course of rendering services.
5. PAYMENT PROCEDURE AND RECURRING PAYMENTS#
5.1. The Client pays for the Provider's services with 100% prepayment in the amount specified in the Provider's Response to the Application;
5.2. Payment is made through a payment agent, a legal entity that accepts payments from individuals and sole proprietors in favor of the Provider. The payment agent issues an online receipt to the Client by sending such receipt to the Client's email address specified during the payment process;
5.2.1. The Provider uses the "Recurring Payment" service — a method of paying for the Provider's services through a payment operator, which provides for automatic transfers of funds from the Clients' bank cards in a non-acceptance order. If the Client activates the "Recurring Debits" service, transfers will be made from the Client's bank card in amounts necessary for proper fulfillment of the Client's obligations under the Public Agreement. Activation of the recurring payments service is carried out with the Client's explicit consent expressed by performing the relevant actions in the payment system interface.
6. LIABILITY#
6.1. The Provider's contractual liability is limited to the cost of the services. Under no circumstances shall either Party be liable to the other Party for lost profits or any other indirect losses or their consequences;
6.2. The Provider is not liable for the operability of the internet platforms selected by the Parties for rendering services. The Provider is not responsible for delays in rendering services if such delays were caused by inoperability of internet platforms or due to individual failures that made it impossible to render the services.
7. TERMINATION OF THE AGREEMENT#
7.1.1. In case of early termination of the Agreement at the Client's request, not related to the Provider's breach of its obligations, the funds are returned to the Client provided that (with deduction of) the Provider's actually incurred expenses for rendering services to the Client are paid;
7.1.2. The Provider has the right to unilaterally refuse to perform the agreement. In such case, the Provider returns to the Client the cost of services not rendered.
8. FINAL PROVISIONS#
8.1. The applicable law governing the relations of the Parties is the law of the Republic of Kazakhstan.
8.2. If the Parties fail to reach an agreement, disputes are resolved in court in accordance with the legislation of the Republic of Kazakhstan. Jurisdiction of disputes is determined in accordance with the Civil Procedure Code of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.
8.3. The Provider has the right to change the terms of the Public Offer unilaterally at any time. The Client is notified of changes by publication of a new version of the Public Offer on the Provider's website. Changes take effect from the moment of their publication on the Provider's website, unless otherwise indicated in the new version of the Public Offer.
8.4. All disputes and disagreements arising between the Parties in connection with the execution of this Public Offer shall be resolved through negotiations. If an agreement cannot be reached, disputes shall be resolved in court in accordance with the legislation of the Republic of Kazakhstan.
8.5. This Public Offer is drawn up in Russian. In case of disagreements in interpretation of the terms of this Public Offer, the Russian text shall prevail.