OFFER FOR CONCLUSION OF AGREEMENT
This document, permanently posted on the Internet at the address: https://salescout.me, of the company TOO "AUTODATA", is a public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan for the conclusion of an Agreement on the provision of access to online training under the program "How to sell goods on the marketplace "Kaspi" (hereinafter referred to as the Agreement) between TOO "AUTODATA" (hereinafter referred to as the Contractor) and any interested individual or legal entity, as well as an individual entrepreneur (hereinafter referred to as the Customer).
1. TERMS AND DEFINITIONS
In the Agreement, unless otherwise expressly follows from the text, the terms specified below will have the following meanings:
1.2. Acceptance of the offer - full and unconditional acceptance of the Offer by the Customer by performing actions that create the Agreement between the Customer and the Contractor by virtue of Articles 395, 396, 397 of the Civil Code of the Republic of Kazakhstan.
1.3. Agreement - an agreement for the provision of paid Services between the Customer and the Contractor, which is concluded by means of Acceptance of the Offer on the terms and conditions stipulated by this Offer.
1.4. Parties - the Contractor and the Customer in accordance with this Offer.
1.5. Customer – a person who is a customer of Services under the terms of this Offer (under the concluded Agreement).
1.6. Services – information and consulting services provided by the Contractor to the Customer within the framework of the selected Training Programs.
1.7. Program (also Training Program) – a program consisting of a set of interrelated classes and Materials united by a single topic, arranged in a certain sequence and aimed at organizing the training of the Customer, including: online provision of training information, product analytics services, feedback via e-mail support@salescout.me, WhatsApp/Telegram messenger with the Curator, aimed at achieving the result: obtaining knowledge, skills and abilities to increase the Customer's income using the Kaspi marketplace.
1.8. Curator – a person who, on behalf of the Contractor, consults the Customer and checks the tasks performed by the Customer.
1.9. Marketplace "Kaspi" - an online platform for selling and buying goods via the Internet.
1.10. Feedback, Technical Support (technical support) - a service provided by the Contractor, Curators as part of the training, in the form of checking reports on homework, conducting an oral consultation and / or answering questions in the form of text / webinar / online session / video response with a specific topic through the means of communication of the Internet.
1.11. Software – a browser (Internet Explorer, Yandex Browser, Opera, FireFox, Google Chrome and similar) for accessing information resources located on the Internet, other programs necessary for training on the course (programs for playing audiovisual works, video materials, viewing photographs and graphic material and any other programs that may be required to familiarize yourself with and work with the material and training services provided by the Contractor). The Customer undertakes to independently ensure the availability of the Software and a web camera on his personal computer or other device through which he communicates on the Internet.
This Agreement may use terms not defined in Section 1. In this case, the interpretation of such a term is made in accordance with the text of this Agreement Offers. In the absence of an unambiguous interpretation of the term in the text of the Offer, or information posted on the Contractor's website.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the provision to the Customer of paid training services under the program "How to sell goods on the Kaspi marketplace" (hereinafter referred to as the Services). The Contractor undertakes to provide the Customer with services within the framework of the Program, on the Internet via the Software, and the Customer undertakes to pay for these services in accordance with the Agreement and accept them, as well as perform other actions in accordance with the terms of this offer.
2.2. The description of the Program, cost, subject matter, content, terms and procedure for their provision are posted in the relevant section (page, subdomain) of the Customer's Website on the Internet, located at: https://salescout.me.
2.3. The Contractor has the right to change the terms of this Offer Agreement unilaterally at any time without prior agreement with the Customer, while ensuring the publication of the changed terms on the website.
2.4. The Contractor is not a state-accredited educational institution and does not issue any certificates, licenses, etc. of the state standard.
3. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
3.1. The Contractor is obliged to:
3.1.1. Provide the Customer with Services in accordance with the terms of this Agreement.
3.1.2. Immediately inform the Customer in writing of all cases in which he will not be able to perform certain procedures due to the lack of necessary information or technical capability.
3.1.3. Maintain complete confidentiality with respect to any confidential information received by him in the course of rendering Services under the Agreement.
3.2. The Contractor has the right to:
3.2.1. In case of non-payment (partial payment) of the cost of Services by the Customer, do not start rendering the Services.
3.2.2. Request information and documents necessary for rendering the Services. In case of non-submission or incomplete or incorrect submission of information by the Customer, the Contractor has the right to suspend the performance of its obligations under the contract until the necessary information is submitted;
3.2.3. Engage third parties as subcontractors for the purpose of fulfilling the Contract, while the Contractor remains responsible for the quality of the services rendered, as if it independently rendered the said Services.
3.2.4. By agreement with the Customer, disclose to third parties information about the fact of rendering Services to the Customer solely for marketing purposes, while the Contractor has the right to indicate the name/logo of the Customer by using it without payment in marketing and/or advertising materials and disclose general information about the nature of the Services rendered.
3.2.5. Suspend the provision of Services for technical, technological or other reasons that prevent the provision of Services, until such reasons are eliminated.
3.2.6. Independently determine the cost of services and make changes to the training program, unilaterally change the schedule for posting training materials, conducting feedback, technical support and other consultations, without changing the established frequency of their implementation, as well as change and supplement the content of lessons and assignments for the Customer;
3.2.7. Independently determine the forms and methods of rendering services based on the requirements of the legislation of the Republic of Kazakhstan, as well as specific terms of the agreement;
3.2.8. Independently determine the system for assessing the level of knowledge of the material covered and mastered by the Customer when rendering services, the forms and procedure for assessment;
3.2.9. In the event that the Customer violates the deadlines for providing reports on homework assignments of the program, the Contractor has the right not to provide the Customer with access to the next lessons of the program until the Customer provides these reports.
3.2.10. If the Contractor contacted the Customer at a pre-arranged time and date, and the Customer was not online, then the Contractor's obligations to provide feedback are considered fulfilled and the services under this Agreement are considered rendered.
3.3. The Contractor guarantees:
3.3.1. full refund of the cost of Training paid by the Customer upon the Customer's request sent to the Curator by e-mail or via Whatapp/Telegram messenger, no later than 30 calendar days from the date of commencement of training.
3.3.2. The total cost of the volume of orders for products/goods, in monetary terms, will amount to 3,000,000 tenge per month until the end of training, subject to the Customer's fulfillment of the conditions stipulated in paragraphs 3.4.3., 3.4.5., 3.4.6., 3.4.7., 5.2. of this Agreement.
3.3.3. The Contractor shall not be liable for the discrepancy between the Service provided and the Customer's expectations and/or for his subjective assessment. Such discrepancy with expectations and/or negative subjective assessment are not grounds for considering the Services rendered poorly.
3.4. The Customer is obliged to:
3.4.1. Undertakes to familiarize himself with the content, conditions and procedure for conducting the training, as well as with additional requirements imposed by the Contractor prior to the training. If the Customer does not fully understand any of the conditions for conducting the training, including the payment procedure, the Customer is obliged to clarify these conditions, and if it is impossible to clarify these conditions, to refuse the training before the payment.
3.4.2. Timely and in full pay for the Contractor's Services.
3.4.3. Timely provide complete and reliable information necessary for the provision of Services.
3.4.4. Observe ethical standards of conduct when undergoing the Training, in particular, do not publish messages in general chats that are not related to the topic of mastering the Training, do not allow disrespectful statements and insults addressed to other Customers, curators, and the Contractor personally.
3.4.5. Independently ensure the technical possibility of receiving the Contractor's services on their part, namely:
- proper access to the Internet. The Contractor is not responsible for the quality of the Internet connection. The Customer must notify the Contractor of possible problems with the quality of the Internet connection when providing services, if they arise;
- the presence of software compatible with the transmission of information from the Contractor and other necessary technical means;
3.4.6. Independently monitor all updates and changes in information received from the Contractor under this Agreement
3.4.7. Adhere to the established schedule of the Program, the goals and essence of the Contractor's assignments, meet the deadlines for completing assignments, follow the recommendations and requirements of the Contractor within the framework of the provision of Services under this Agreement.
3.4.8. Independently study educational and methodological materials, complete the assignments provided for by the Program and promptly provide the results of the assignments to the Contractor;
3.4.9. Consume the Services personally.
3.4.10. Comply with the terms of the agreement on confidentiality and protection of commercial secrets.
3.5. The Customer has the right to:
3.5.1. Receive information support on issues related to the procedure for providing Services during the Training.
3.5.2. Refuse to participate in the training after paying for the Program on the terms of the Contractor. In this case, the Customer must send a request to the Curator by e-mail or via the Whatapp/Telegram messenger, no later than 30 calendar days from the date of the start of the training.
3.6. The Customer has no right to:
3.6.1. Provide access to any materials included in the services provided under this Agreement to a third party.
3.6.2. Create derivative and similar products (courses) to those provided by the Contractor, distribute, transfer to third parties or otherwise use partially or fully the training and other materials and content of the Program.
3.6.3. Sell, assign the right of claim to the Contractor.
4. ACCEPTANCE AND TERMS OF PAYMENT
4.1. In accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, the Customer shall be deemed to have duly accepted this offer by performing the following action:
• Payment for the Cost of the Contractor's Services in the manner specified in the Agreement.
4.2. By paying for the cost of the Contractor's services, the Customer:
• confirms that he/she has read the terms and conditions set forth in this offer and unconditionally agrees to them;
• expresses his/her understanding of the essence of the services to be provided under this agreement;
• confirms his agreement that all services rendered by the Contractor are intended solely for needs related to the implementation of the Customer's business activities, which excludes the application of the provisions of the legislation on consumer protection to these relations;
• guarantees the accuracy and relevance of the information provided about himself;
• guarantees that he is an adult and fully capable person;
• agrees that he is solely responsible for any consequences arising from the provision of inaccurate, outdated or incomplete information about himself;
• confirms that the provision of services by the Contractor under this agreement remotely using software (hereinafter referred to as the Software) in the form of electronic services fully complies with the Customer's ability to use the services rendered in this manner.
The date of acceptance of the offer by the Customer (the date of conclusion of the Agreement) is the date of crediting of funds for the provision of services by the Contractor to the Contractor's bank account.
4.3. The cost and terms of provision of training services, the number and list of services provided may be specified by the Contractor on the Contractor's website https://salescout.me, or in personal correspondence between the Customer and the Contractor or the Curator, and may be changed by the Contractor at any time unilaterally. Changes come into force from the moment of their publication and do not apply to services paid for by the time of publication.
4.4. The Customer selects the method of payment for Training when registering for the Program independently from those offered by the Contractor. The Customer is obliged to pay for Training in the selected way.
4.5. Payment for the services rendered under this Agreement shall be made by the Customer in the amount of 100% prepayment of the cost of services, by a single payment, by bank transfer, through payment systems, electronic money using electronic payment services, according to the rules of the relevant electronic payment services.
4.6. In case of purchasing the Contractor's services in installments/on credit, the Customer independently enters into relations with credit institutions, including credit brokers. In this case, the Contractor does not participate in the relations between the Customer and the credit institution. The Customer fulfills its obligations to the credit institution independently.
4.7. The Contractor begins to render services only after confirmation of payment for the relevant service. The moment of payment is considered to be the receipt of funds to the Contractor's account. The Customer is solely responsible for the correctness of the payments made by it.
4.8. All settlements under the Agreement are made in the currency of the Republic of Kazakhstan - tenge.
5. PROCEDURE FOR PROVIDING SERVICES
5.1. The Customer undertakes to study the educational and methodological material sent by the Contractor in a timely manner and has no right to unilaterally change the time of the Training and (or) demand the provision of services within other timeframes than those specified in the relevant section of the Website https://salescout.me.
5.2. The Customer sends homework reports to the Contractor within the timeframes determined by the Curator. If the Customer fails to provide homework reports within the specified timeframe or provides homework with errors or omissions, the Contractor shall not be liable for failure to provide (improper provision) of services under this agreement and shall not refund the cost of the services.
5.2. The Customer sends homework reports to the Contractor within the timeframes specified by the Curator. If the Customer fails to provide homework reports within the specified timeframe or provides homework with errors or omissions, the Contractor shall not be liable for failure to provide (improper provision) of services under this agreement and shall not refund the cost of the services.
5.3. Information about the time and place of online classes (online sessions), for the direct participation of the Customer in them, is provided in the messenger via Whatapp/Telegram. Such notification is sent by the Contractor on the day of the relevant class no later than 1 hour before the appointed time, and may also be posted on the website and/or Internet platform.
The time of online classes (online sessions), in the case of the contract, is indicated according to Astana time, unless otherwise specified on the website and / or Internet platform.
During holidays, the schedule of online classes (online sessions) is adjusted, the specified classes and current feedback can be postponed to the next working days.
5.4. If, during the service provision period, the Customer, for any reason, without prior notice to the Contractor, does not attend online meetings with the materials of the training program, then the services will be considered to be properly rendered in full.
5.5. In terms of checking homework and providing feedback/technical support services within the Training, the services are considered to be provided by the Contractor and accepted by the Customer at the time of expiration of the deadline for the Customer to send the task for checking or provide feedback/technical support on the submitted homework, within the timeframe specified by the Curator.
5.6. The Parties have agreed that there is no need to sign the acceptance certificate for the services rendered. The absence of claims from the Customer sent in writing to the Contractor by e-mail at support@salescout.me or to the Curator via Whatapp/Telegram messenger within 3 (three) calendar days from the date of completion of the provision of a specific service is considered confirmation of the fact of full and unconditional acceptance of the quality and volume of services.
6. CONFIDENTIALITY
6.1. The Parties acknowledge that the training, educational and informational materials received by the Customer are the result of the Contractor's intellectual activity and/or belong to the Contractor on the basis of an exclusive and/or other legal right and contain confidential information that allows the Contractor, under existing or possible circumstances, to increase revenues, avoid unjustified expenses, maintain its position in the market for goods, works, services or obtain other commercial benefits.
6.2. The training, educational and informational materials are subject to the regime of commercial secrecy.
6.3. The Customer undertakes to observe the regime of commercial secrecy and not to take actions aimed at disseminating or disclosing information, or creating a threat of its disclosure or dissemination.
6.4. It is prohibited to transfer to third parties, as well as to create conditions for third parties to obtain authority to access the educational, methodological and informational materials of the Contractor and to use these materials for commercial purposes on their own behalf.
7. AMENDMENT OR TERMINATION OF THE AGREEMENT. LIABILITY OF THE PARTIES
7.1. The Contractor has the right to terminate the agreement unilaterally in the following cases:
• the Customer fails to meet the payment deadlines for services more than 24 hours before the start of training.
• repeated (2 or more times) violation by the Customer of the rights and legitimate interests of other Customers and persons involved by the Contractors, the process of rendering services by their behavior;
• repeated (2 or more times) violation of the obligations established in paragraphs 3.4. and 3.6. of the agreement. In this case, the fee paid for the services will not be refunded to the Customer;
• the Customer violates the terms of Section 6 of this agreement on confidentiality and trade secrets. In this case, the fee paid for the services will not be returned to the Customer;
7.2. The Customer is obliged to prevent the dissemination by any means of false information about the Contractor's services, as well as information that discredits the business reputation of the Contractor. For failure to comply with this clause, the Customer shall be liable in the form of a fine in the amount of 1,000,000 (one million) tenge for each established case.
7.3. The Contractor shall not be liable for the inability to provide services to the Customer for reasons beyond the control of the Contractor, namely: disruption of the Internet, equipment or software on the part of the Customer, failures in the operation of email distribution services, including when the Contractor's letters end up in the Spam folder. In this case, the services are considered to be rendered properly and subject to payment in full.
7.4. The Contractor shall not be liable for violation of the terms of this Agreement in the event that the Customer provides false and/or incomplete information about themselves when placing an order, including contact information (e-mail, telephone, etc.), as well as in the event that the Customer fails to provide new contact information (e-mail, telephone, etc.) when they change.
7.5. No information, materials and/or consultations provided by the Contractor within the framework of rendering services under this agreement can be considered as a guarantee of achieving the result, since this depends entirely on the actions of the Customer himself, his personal qualities, the quality and speed of mastering/implementation of the knowledge and materials received from the Contractor.
7.6. Making decisions based on all information and materials provided by the Contractor is within the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor within the framework of the performance of its obligations under the agreement.
7.7. The aggregate liability of the Contractor under this Agreement, for any claim or demand or demand in relation to this Agreement or its performance is limited to the amount of payment received by the Contractor from the Customer under this Agreement. The Parties confirm that the Contractor's training is voluntary for the Customer. Since entrepreneurial activity carries some risk, the Contractor cannot be held liable to the Customer for indirect losses, loss of profit, damage, loss of benefit, regardless of the method of their infliction. At the same time, the Contractor is interested in positive results and loyalty of the Customer, therefore he intends to minimize risks in the course, based on his experience.
7.8. The Parties are released from liability for failure to fulfill or improper fulfillment of obligations under the Agreement for the duration of force majeure. Force majeure means extraordinary and insurmountable circumstances under the given conditions that prevent the Parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), public life circumstances (military actions, states of emergency, strikes, epidemics, etc.), prohibitive measures of state bodies (prohibition of transportation, currency restrictions, international sanctions banning trade, etc.). During this time, the Parties have no mutual claims, and each Party assumes its own risk of the consequences of force majeure circumstances.
7.9. Upon the occurrence of the circumstances specified in paragraph 7.8 of this Agreement, each Party must promptly notify the other Party of them electronically. The notification must contain information on the nature of the circumstances, as well as official documents certifying the presence of these circumstances and, if possible, providing an assessment of their impact on the ability of the Party to fulfill its obligations under this Agreement.
8. DISPUTE RESOLUTION PROCEDURE
8.1. Disputes arising during the execution and termination of this Agreement shall be resolved by the Parties through negotiations and by sending a claim. The period for responding to a written claim is 10 (Ten) calendar days.
8.2. If it is impossible to resolve disagreements at the pre-trial stage, the Parties shall submit them for consideration to the appropriate court at the location of the Contractor.
9. FINAL PROVISIONS
9.1. The Agreement, its conclusion and execution are governed by the current legislation of the Republic of Kazakhstan. All issues not regulated by the Agreement in accordance with this Offer or not fully regulated are governed in accordance with the norms of the current legislation of the Republic of Kazakhstan.
9.2. In the event that a separate provision of the Offer is declared invalid, the legality and validity of its remaining provisions shall not be lost.
10. CONTRACTOR'S ADDRESS AND BANK DETAILS
CONTRACTOR
TOO "AUTODATA"
BIN: 181240001042
Legal Address: Republic of Kazakhstan, Almaty, Medeu district, Nur-Sultan ave.
Current account No. KZ39722S000002073097 in JSC "Kaspi Bank"
BIC: CASPKZKA
KBe: 17
Contact phone number: +7 (700) 836-81-68
Contact email: support@salescout.me