CONTRACT (PUBLIC OFFER)
This Public Contract is an official offer (public offer) of JSC “Astana International Financial Centre Authority”, a legal entity located at 55/18 Mangilik El avenue, Nur-Sultan city, Republic of Kazakhstan (hereinafter referred to as the “Contractor”).
The Contractor proposes to conclude this Public Contract (hereinafter referred to as the “Contract”) in connection with the provision of informative and consulting services on the terms specified in the Contract with anyone who responds.
On the other hand, the consumer of services (hereinafter referred to as the “Client”), who has accepted a public offer to conclude this Contract.
The Contractor and the Client are the Parties of the Contract.
The publication (placement) of the text of the Contract on the official website of the Contractor https://expatcentre.aifc.kz/ is a public offer addressed to a wide range of parties (Part 3 of AIFC Contract Regulations No.3 of 2017) in order to provide a corresponding service. Full and unconditional acceptance of the terms of which is considered the provision of the contact information to Contractor and payment for services by the Client. Acceptance of this Contract by the Client means that the Client fully agrees with all the provisions of this Contract, and the Client is considered as a person who entered into a contractual relationship with the Contractor.
In connection with aforementioned, Client must attentively read the text of this Contract and in case of disagreement with the terms and conditions – refuse to conclude the Contract and using Contractor’s services.
1.1 The scope of this Contract is to deliver informative and consulting services as set out in the Appendix 1 (Price list for informative and consulting services of the AIFC Expat Centre) to this Contract (hereinafter referred to as the “Services”), which is an integral part of the Contract and accepted by the Client.
2.1 The Contractor is obliged:
2.1.1. To provide Services in a proper and timely manner, in full package according to the conditions of this Contract.
2.1.2. Prepare materials independently for obtaining the necessary services, through relevant documents provided by the Client in a timely manner and within the established period.
2.1.3. Contractor should inform Client via official email of the Contractor in timely manner about circumstances beyond the control of the Contractor that causes overall impossibility to provide services or delay in provision of services.
2.2 The Contractor is eligible:
2.2.1. To refuse provision of Services to the Client and will return the amount of money that was paid.
2.2.2. To determine independently the methodology and pattern of the provision of Services, taking into account the wishes of the Client, stated before the signing of the Contract.
2.2.3. To get from the Client any information which is necessary to perform its obligations under the Contract. In case of any incorrect or incomplete information which was provided by the Client, the Contractor is entitled to suspend performance of its obligations under the Contract before providing the necessary information.
2.3 The obligations of the Contractor are limited by the terms of this Contract, in particular:
2.3.1. The obligations of the Contractor do not include the provision of services to the Client, if the Client has circumstances that do not allow receiving the service (i.e. violations).
2.3.2. The obligations of the Contractor do not include the provision of services that are not specified in this Contract or in the Appendices that are an integral part of the Contract.
2.4 Obligations of the Client:
2.4.1. Pay for the services of the Contractor in full amount, according to the terms and conditions established in this Contract.
2.4.2. Provide the Contractor all required reliable and correct information in a timely manner in order to obtain the service.
2.4.3. Do not to disclose confidential information and other data provided by the Contractor in connection with the execution of this Contract.
2.4.4. Do not distribute (publish, copy, transfer and resell to third parties) for commercial or non-commercial purposes the materials provided by the Contractor under this Contract.
2.5 Client is eligible:
2.5.1 To refuse the services of the Contractor if notification was sent at least 3 (three) business days in advance by Client. At the same time, the Client shall return the costs actually incurred by the Contractor.
3.1. The provision of the Services is carried out by the Contractor in full amount, only if Contractor has received a preliminary 100% (one hundred percent) payment. The Client shall make 100% prepayment within 3 (three) business days from the date of invoice was sent.
3.2. The cost of the Services provided under this Contract is determined in Appendix 1 (Price list for informative and consulting services of the AIFC Expat Centre) of the Contract.
3.3. The cost of services includes all necessary taxes, but does not include state fees.
4.1 The Parties are responsible for the failure or improper performance of their obligations under the Contract in accordance with the Acting law of the AIFC.
4.2 The Contractor is not responsible for non-fulfilment of obligations due to circumstances arising against the will and desire of the Contractor, which cannot be foreseen or prevented (refusal to issue a government service by the Government Body, extension of the period of the review for issuing a government service).
4.3 The Contractor does not provide services to a third party (subsidiaries, sister and affiliate organisations, business partners) of the Client; only the Client stated in this Contract may apply for the services specified in this Contract.
4.4 The Client is aware that the terms of the contract may change with no fault of the Contractor.
5.1 By accepting this Contract, the Client consents to the Contractor collects, processes and transfers the personal data/sensitive data pertaining to the Client, including the personal data of foreign national who are engaged, employed or invited by the Client, including but not limited to, the following: full name, nationality, place and date of birth, phone and address details, etc. for the purposes of providing the Services by the Contractor to Client and getting Services by the Client from the Contractor, and for the purpose of complying with the Acting law of AIFC including AIFC Data Protection Regulations.
5.2 Client confirms his consent to submit his personal data/sensitive data, including the personal data of foreign national who are engaged, employed or invited by the Client, to the Contractor for his further processing, collection, recording, storage, adaptation or alteration, retrieval, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction of thereof, as per the national legislation and the Acting law of AIFC including AIFC Data Protection Regulations.
5.3 Client confirms his consent to disclose his personal data/sensitive data, including the personal data of foreign national who are engaged, employed or invited by the Client to the third parties authorised for providing services stated in Appendix 1 of this Contract.
6.1 The applicable law of the Contract is the Acting law of the AIFC.
6.2 If any dispute arises during the conduct of duties under this Contract, the Parties are obliged to take all necessary measures to resolve disputes without appeal to court.
6.3 If the Parties do not come to an agreement or if one of the Parties evades negotiations, any dispute, whether it is contractual or non-contractual, arising in connection within this Contract, including any question regarding its existence, validity or termination, may first be forwarded for consideration within the framework of mediation conducted at the International Arbitration Centre (hereinafter referred to as the – “IAC”) in accordance with the IAC Arbitration and Mediation Rules 2018. In the case if a dispute is not resolved through mediation, the parties refer the dispute to arbitration to the IAC, in accordance with the IAC Rules of Arbitration and Mediation that is effective on the date of submission of the Request for Arbitration with the Registrar of the IAC and constituting an integral part of this clause. The number of arbitrators will be one. The arbitrator is appointed by agreement of the parties. The venue for the arbitration will be the Astana International Financial Centre, Nur-Sultan city, Republic of Kazakhstan. The language of the arbitration will be English.
7.1 All correspondence related to payments of fees can be directed to JSC “Astana International Financial Centre Authority”: 55/18 Mangilik El avenue, Nur-Sultan city, Z05T3D6, Republic of Kazakhstan.
7.2 All official correspondence related to the activities of this Contract must be conducted via official e-mail of the Contractor and the Client.
8.1 The Contract has been provided in English and Russian, and has been accepted in English. If there is a difference in the interpretation of the text of the Contract in Russian and English, the text of the Contract in English shall prevail.
8.2 The Contract enters into force from the moment of acceptance of this public offer and payment by the Client was made for the Contractor’s services, and ends with the full performance of the services and obligations by the Parties.
8.3 The process of acceptance/delivery of services provided contains the following steps:
8.3.1 Client notifies the Contractor about the existing complaints by sending an email within 3 (three) business days from the moment of completion of services.
8.3.2 In the absence of claims from the Client within 3 (three) business days from the moment of completion of services, the Services shall be considered as rendered properly by the Contractor and accepted by the Client.
8.3.3 Upon the expiration of the period specified above 3 (three) business days, the Client’s claims regarding the shortcomings of services provided shall not be accepted, including quantity, cost and quality.
8.3.4 The parties sign an Act of rendered services within 3 (three) business days on completion of services.
JSC “Astana International Financial Centre Authority”
Mangilik El avenue, 55/18
Astana city, Z05T3D6
Republic of Kazakhstan
IBAN: KZ149491100000810569 (KZT)
Altyn Bank JSC (SB of China CITIC Bank Corporation Ltd)
Beneficiary code: 16