Terms of Use

1.3. These Terms are a public contract in accordance with Article 387 of the Civil Code of the Republic of Kazakhstan. The Operator undertakes to conclude a contract with everyone who applies to it on the terms set forth in these Terms and the Public Offer.

1.4. Acceptance (acceptance) of these Terms is the User's performance of any of the following actions:

• Registration of an account on the Site
• Placing an order for Services
• Payment for Services
• Checking the box agreeing to the Terms
• Actual use of the Site after familiarization with the Terms

1.5. The contract is considered concluded from the moment of acceptance of the Terms by the User (Article 396 of the Civil Code of the RK). The place of conclusion of the contract is the Republic of Kazakhstan.

2.1. The Operator provides the User with the right to use the Site and its functionality, as well as provides IT services in accordance with the service catalog posted on the Site.

2.3. Essential terms of the service contract are:

• Name and description of the service
• Service cost
• Service terms
• Procedure for acceptance of results

2.4. Specific terms for provision of each service are determined in its description on the Site and/or in an individual technical specification agreed by the parties.

In accordance with Articles 393-396 of the Civil Code of the RK:

3.2. Acceptance must be full and unconditional (paragraph 1 of Article 396 of the Civil Code of the RK). A response agreeing to conclude a contract on other terms is considered a new offer.

3.3. The Operator has the right to refuse to conclude a contract in cases:

• Provision of false data by the User
• Violation of these Terms by the User previously
• Presence of debt on previous orders
• Technical impossibility of providing the service

4.3. In accordance with Article 22 of the Civil Code of the RK, to register it is necessary to be a legally capable person (18 years or older). Persons from 14 to 18 years old may use the Site with consent of legal representatives.

4.4. The Operator has the right to block or delete an account in cases:

• Violation of these Terms
• Provision of false information
• At the request of authorized state bodies
• At the request of the User themselves
• Long-term non-use (more than 3 years)

5.1. BEKTEK is a platform of ready-made IT solutions and services for business. The Site is an informatization object in accordance with the Law of the RK «On Informatization».

5.4. The Operator has the right to change Site functionality, add or remove services from the catalog without prior notice. Changes do not affect already paid orders.

6.4. The purchase (service provision) contract is considered concluded from the moment the Operator receives payment confirmation in accordance with Article 393 of the Civil Code of the RK.

6.5. For legal entities, the Operator provides:

• Invoice for payment
• Work completion certificate
• Invoice (if necessary)
• Other documents upon request

6.6. Refund is carried out in accordance with Политикой возврата and the Law of the RK «On Protection of Consumer Rights».

When using the Site, it is prohibited:

11.1. Processing of personal data is carried out in accordance with Политикой конфиденциальности and the Law of the RK «On Personal Data and Their Protection».

11.2. By using the Site, the User consents to processing of their personal data in the manner established by Article 8 of the specified Law, and confirms that they have received necessary consents of data subjects (their clients and employees) for their processing in the BEKTEK Service.

11.3. The Operator undertakes not to disclose User's confidential information to third parties, except in cases provided by legislation, and takes necessary organizational and technical measures for its protection (access restriction, operation accounting, communication channel protection, backup).

11.4. The Operator has the right to use anonymized and aggregated data on Site and Service usage (logs, technical metrics, conversion statistics, typical work scenarios), which do not allow identification of specific individuals and do not disclose User's trade secrets, for analysis, development and training of its own models and algorithms, as well as for improving quality and functionality of the BEKTEK platform.

11.5. The Operator does not use contents of User's client databases (names, contact details, correspondence texts, uploaded documents) to train publicly available models in such a way that other clients gain access to this data or to specific commercial features of User's business. Use of such data is permitted only to the extent necessary for providing services to the User, or in anonymized and aggregated form.

11.6. Information about cookies usage is presented in Политике cookies.

12.2. The Operator is not responsible for:

• Losses arising from use or inability to use the Site
• Actions of third parties
• Content of external resources linked from the Site
• Technical failures beyond Operator's control
• Indirect losses, lost profits
• User actions violating the Terms

12.3. Liability limitation does not apply to cases provided by RK legislation, including the Law «On Protection of Consumer Rights».

12.4. Maximum Operator liability is limited to the amount actually paid by the User for services.

13.1. The Operator guarantees compliance of provided services with their description on the Site.

13.2. Warranty period for completed work is 30 (thirty) calendar days from acceptance, unless otherwise specified in service description.

13.3. Warranty does not apply to defects arising from:

• Actions of User or third parties
• Changes in third-party software
• Violation of operating conditions
• Force majeure circumstances

In accordance with Article 359 of the Civil Code of the RK:

14.1. The party that violated the obligation is obliged to compensate the other party for damages caused.

14.2. Damages mean expenses that the party incurred or will have to incur to restore the violated right (actual damage), as well as lost income (lost profit).

14.3. The User undertakes to compensate the Operator for damages caused by violation of these Terms.

15.1. Parties are released from liability for non-performance of obligations if it was a consequence of force majeure circumstances in accordance with Article 359 of the Civil Code of the RK.

15.2. Force majeure circumstances include:

• Natural disasters (earthquakes, floods, fires)
• Military actions, terrorist acts
• Epidemics, pandemics
• Acts of state bodies making performance impossible
• Mass power outages, internet

15.3. The party for which impossibility of performance arose is obliged to notify the other party within 5 (five) working days.

16.2. If agreement cannot be reached, the dispute is submitted to court at Operator's location in accordance with the Civil Procedure Code of the RK.

16.3. Legislation of the Republic of Kazakhstan applies to relations between parties.

17.1. The Operator has the right to make changes to these Terms without prior notice.

17.2. Changes come into force from the moment of publication on the Site.

17.3. Continued use of the Site after changes means agreement with the new version of Terms.

17.4. The User undertakes to independently track changes to Terms.

18.1. Invalidity of individual provisions of Terms does not entail invalidity of the entire document.

18.2. Operator's inaction when Terms are violated does not mean waiver of the right to demand their compliance.

18.3. Section headings are used for convenience and do not affect interpretation of Terms.

18.4. These Terms are drawn up in Russian. If translations into other languages exist, the Russian version takes precedence.