PUBLIC OFFER AGREEMENT
for the Provision of Services
City of Astana
This Public Offer Agreement, in accordance with the Civil Code of the Republic of Kazakhstan (hereinafter — the “Civil Code of the RK”), constitutes an official offer (public offer) by the Limited Liability Partnership “GPI-Lab” (hereinafter — the “Service Provider”), represented by Director Yulia Konstantinovna Yakupbayeva, acting on the basis of the Charter, under which the Service Provider offers to conclude a Service Agreement on the terms set forth herein with any party that accepts it, i.e., any legally capable adult individual.
For the purposes of this Public Offer Agreement, the following terms shall have the meanings set forth below:
1.1. Offer — the Service Provider’s public proposal addressed to any party that accepts it, i.e., any legally capable adult individual, to conclude a service agreement (hereinafter — the “Agreement”) on the existing terms contained in the Agreement and the Application Form. This proposal contains all material terms, i.e., terms relating to the subject matter of the Agreement, terms recognized as material by law or necessary for the Agreement, as well as terms on which the Service Provider requires agreement to be reached.
1.2. Customer — any legally capable adult individual who has concluded an Agreement with the Service Provider on the terms contained therein by accepting the Offer and/or who has approached the Service Provider with the intention of concluding such an Agreement.
1.3. Acceptance — the Customer’s full and unconditional acceptance of the terms of the Agreement as set forth in this Offer. By accepting the Offer, the Customer warrants that they have read, agree to, and fully and unconditionally accept all terms of the Agreement as set out in the text of the Offer.
1.4. Services — services provided by the Service Provider in accordance with the Customer’s Request, rendered within the territory of the Republic of Kazakhstan, in accordance with the list of services and courses presented on the Service Provider’s Website, aimed at enabling the Customer to obtain the results of the services in accordance with the terms of the Agreement for the order selected and paid for by the Customer, in the manner and on the terms provided for in the Offer/Agreement.
1.5. Order/Application Form — the Customer’s instruction, which forms an integral part of the Agreement/Offer and contains individual items from the list of Services specified by the Customer when placing an Order/Application Form on the Service Provider’s Website.
1.6. Parties — the parties to the Agreement/Offer are collectively the Service Provider and the Customer.
1.7. Website — the Service Provider’s official online resource at http://www.gpi.kz, as well as any derivative web pages forming part thereof.
1.8. Personal Data — information relating to a specific or identifiable individual, recorded on an electronic, paper, or other material medium.
1.9. Personal Data Subject (hereinafter — the “Subject”) — a specific or identifiable individual to whom the Personal Data relates.
1.10. Processing of Personal Data — actions aimed at the accumulation, storage, modification, supplementation, use, dissemination, anonymization, blocking, and destruction of Personal Data.
1.11. Collection of Personal Data — actions aimed at obtaining Personal Data.
1.12. Cross-border Transfer of Personal Data — the transfer of Personal Data to the territory of foreign states.
Terms (concepts) not defined in this Section may be used in the Agreement. In the absence of an unambiguous interpretation of a term in the text of the Agreement/Offer, the interpretation used on the Service Provider’s Website and/or under the laws of the Republic of Kazakhstan shall apply.
2.1. The Service Provider publishes this Offer on the Service Provider’s Website. The list of Services is presented on the Service Provider’s Website.
2.2. In accordance with paragraph 5 of Article 395 of the Civil Code of the RK, this proposal is addressed to any legally capable adult individual and constitutes a public offer. Upon acceptance of the terms set out below, the Customer accepting this Offer shall pay for the Service Provider’s Services in accordance with the terms of the Agreement/Offer. In accordance with paragraph 3 of Article 396 of the Civil Code of the RK, payment for a Service by the Customer constitutes Acceptance of the Offer, which is equivalent to concluding an Agreement on the terms set out in the Offer. The Customer agrees that Acceptance of the Offer made pursuant to this clause creates an Agreement on the terms of the Offer.
2.3. The terms of service provision defined in this Agreement/Offer may be accepted by the Customer only by joining this Agreement/Offer in its entirety, through acceptance of the Service Provider’s offer.
2.4. Upon the Customer’s Acceptance, it is deemed that:
2.4.1. The Customer has read, agreed to, and accepted the Service Provider’s proposal.
2.4.2. The Acceptance has been received by the Service Provider.
2.4.3. The Agreement has been concluded, does not require bilateral signing, and is valid in electronic form.
2.4.4. The written form of the transaction has been complied with.
2.5. By performing the Acceptance, it is deemed that the Customer has read the text of the Offer/Agreement and agrees to the terms of the Offer/Agreement for the acquisition of Services provided by the Service Provider.
3.1. The Service Provider undertakes to provide the Services in accordance with the terms selected by the Customer as published on the Service Provider’s Website, and the Customer undertakes to pay for and accept the Services rendered to them in accordance with the terms of this Agreement.
3.2. The Customer selects the required Service in accordance with the requests, pricing regulations, and other terms offered by the Service Provider as indicated on the Service Provider’s Website. The relevant terms, including the subject matter, name of the Service, timeframe, form and procedure for service provision, and other characteristics, as well as their cost, are indicated on the Service Provider’s Website in the public domain.
3.3. This Agreement constitutes an integral part of the Offer.
3.4. Services are provided by the Service Provider in accordance with the Application/Form developed/prepared by the Service Provider, based on data provided on behalf of the Customer for the purposes of the Service Provider’s service delivery.
4.1. Orders/Application Forms for Services are placed by the Customer through the Service Provider’s Website/Platform.
4.2. To receive the Services, the Customer must register on the Service Provider’s Website/Platform.
4.3. Prior to registration, the Customer is obligated to read the terms of this Agreement/Offer. If the Customer disagrees with the terms set forth in this Agreement/Offer, they must not register on the Service Provider’s Website or receive any Services provided by the Service Provider.
4.4. When registering on the Service Provider’s Website, the Customer undertakes to provide the following registration information:
4.5. The process by which the Customer accepts the terms of this Agreement/Offer is carried out by the Customer entering mandatory and other data in the registration form on the Service Provider’s Website. The Customer has the right to edit their registration information. The Service Provider undertakes not to disclose the Customer’s data provided during registration on the Service Provider’s Website and when completing the Application Form/Agreement to persons unrelated to the performance of the Services.
4.6. The registration form/registration information completed by the Customer on the Service Provider’s Website constitutes an integral part of this Agreement.
4.7. The Service Provider shall not be liable for the content and accuracy of information provided by the Customer when placing an Order.
4.8. The Customer bears responsibility for the content and accuracy of information provided when placing an Order.
4.9. Payment by the Customer for an Order/Service independently placed on the Website signifies the Customer’s agreement to the terms of this Agreement/Offer and the terms of service provision indicated on the Service Provider’s Website. The moment the Customer performs the Acceptance is the date on which the Agreement is concluded between the Service Provider and the Customer.
4.10. All informational materials presented on the Service Provider’s Website are for reference purposes only and may not fully convey accurate information about the specific properties and characteristics of the Services. Should the Customer have any questions regarding the properties and characteristics of the Services, they must consult with the Service Provider before placing an Order.
5.1. The Consultant provides Services to the Customer in any form that the Service Provider deems necessary and sufficient for the proper fulfillment of its obligations under this Agreement. In doing so, the results of the Services rendered and tasks completed by the Consultant must contain substantive, complete, accurate, and comprehensible information accessible to the Customer’s representatives.
5.2. Services are provided by the Service Provider after receipt of the Customer’s Application Form data, in accordance with the information provided by the Customer and on the basis of the Request submitted by the Customer in the established form on the Service Provider’s website.
6.1. The service delivery timeline is determined in accordance with the terms for the provision of the Services included by the Customer in the Order, as specified on the Service Provider’s Website.
7.1. The cost of Services under this Agreement is determined in accordance with the Customer’s request, depending on the option selected on the Service Provider’s website.
7.2. Payment for the Service Provider’s Services under this Agreement is made on the website on the basis of 100% (one hundred percent) advance payment, in the manner provided for in this Agreement/Offer.
7.3. The Parties hereby agree that the Customer’s failure to complete or improper completion of the application form data, as well as failure to make payment for the Services, releases the Service Provider from the obligation to render the Services; that is, the Order shall be deemed not placed by the Customer, not received by the Service Provider, and accordingly, not accepted for fulfillment.
8.1. The Service Provider shall have the right to:
8.1.1. Independently select the means and methods of providing Services under this Agreement/Offer, provided they do not contradict the laws of the Republic of Kazakhstan or this Agreement/Offer.
8.1.2. Independently select specialists and experts deemed appropriate by the Service Provider for the provision of Services.
8.1.3. Request from the Customer any additional information necessary to fulfill its obligations under this Agreement/Offer.
8.1.4. Exercise other rights in accordance with the laws of the Republic of Kazakhstan and this Agreement.
8.2. The Service Provider undertakes to:
8.2.1. Organize and ensure the proper provision of Services based on the conditions of the option selected by the Customer as indicated on the Service Provider’s Website.
8.2.2. Where necessary, provide the Customer with advisory and informational assistance during the Service Provider’s fulfillment of the Order/Application Form.
8.2.3. Provide the Customer with a Service Completion Certificate in the manner provided for by this Agreement/Offer.
8.2.4. Fulfill other obligations in accordance with the requirements of the laws of the Republic of Kazakhstan and this Agreement/Offer.
8.3. The Customer shall have the right to:
8.3.1. Request from the Service Provider information on the organization and proper provision of Services in accordance with the placed Order.
8.3.2. Monitor the progress and quality of service provision in accordance with the placed Order during the period of provision of the relevant Services, without interfering in the Service Provider’s operational and business activities.
8.3.3. Request the provision of a Service Completion Certificate under this Agreement.
8.3.4. Exercise other rights in accordance with the laws of the Republic of Kazakhstan and this Agreement/Offer.
8.4. The Customer undertakes to:
8.4.1. Prior to accepting this Agreement/Offer, independently read the content of the Agreement/Offer, as well as the information on the Website, including the cost of Services, the form, and other data indicated on the Service Provider’s Website.
8.4.2. When placing an Order on the Service Provider’s Website, complete the registration information/registration form with accurate data.
8.4.3. Timely and in full pay for the Service Provider’s Services included by the Customer in the Order, in accordance with this Agreement.
8.4.4. Provide the Service Provider with accurate data necessary for the purposes of the Agreement.
8.4.5. Independently read the rules and other requirements/acts/internal documents of the Service Provider related to course training, posted on the Service Provider’s Website for review.
8.4.6. Timely accept the Services duly rendered by the Service Provider in accordance with the procedure and terms of this Agreement/Offer.
8.4.7. Without prior written consent of the Service Provider, not reproduce or in any manner distribute materials or information received in the course of service provision.
8.4.8. Not use information obtained in the course of service provision to provide similar Services to third parties.
8.4.9. Fulfill other obligations in accordance with the requirements of the laws of the Republic of Kazakhstan and this Agreement/Offer.
9.1. The terms on which this Agreement was concluded may be amended either by agreement of the Parties or in accordance with the applicable laws of the Republic of Kazakhstan.
9.2. This Agreement may be terminated early by agreement of the Parties and/or on the grounds provided for in this Agreement.
9.3. Either Party may refuse to perform this Agreement by providing written notice to the other Party no later than 15 (fifteen) calendar days before the anticipated date of early termination.
9.4. The Customer shall have the right to refuse to perform this Agreement, provided that the Service Provider is compensated for the costs actually incurred.
9.5. The Service Provider shall have the right to refuse to fulfill its obligations under the Agreement, provided that the Customer is fully compensated for losses caused by the termination of the Agreement, except where such termination occurred due to the Customer’s fault. In the event that the Service Provider refused to fulfill its obligations under this Agreement due to the Customer’s fault, the Customer shall have no right to claim compensation for losses.
9.6. In the event of early termination of this Agreement, the Service Provider shall refund to the Customer the payments made for Services under this Agreement, less the Services already rendered and the costs actually incurred in connection with the fulfillment of obligations under this Agreement. The Agreement shall be deemed terminated from the moment the Service Provider receives written notice of termination of this Agreement.
9.7. For failure to perform or improper performance of their obligations under the Agreement, the Parties shall bear liability as provided by the laws of the Republic of Kazakhstan.
10.1. The Parties shall be relieved of liability for partial or complete failure to fulfill their obligations under this Agreement if such failure resulted from force majeure circumstances arising after the conclusion of this Agreement as a result of extraordinary events that the Parties could not have foreseen or prevented.
10.2. As used in this Agreement, the term “force majeure” means acts of God, strikes, lockouts, or other industrial disturbances, acts of a state enemy, decisions/acts of governmental or administrative authorities preventing a Party from fulfilling its obligations, wars or military operations, blockades, uprisings, civil unrest, epidemics, landslides, earthquakes, hurricanes, floods, riots, explosions, and any other similar events beyond the control of either Party and which neither Party can overcome through its own efforts.
10.3. A Party that is unable to fulfill its contractual obligations due to the occurrence of force majeure circumstances must immediately notify the other Party in writing.
10.4. The notification must contain information about the nature of the circumstances, as well as official documents confirming the existence of such circumstances and, where possible, providing an assessment of their impact on the Party’s ability to fulfill its obligations under this Agreement.
10.5. The deadline for fulfilling the obligations under this Agreement/Offer by the Party affected by force majeure circumstances shall be extended in proportion to the duration of such circumstances and their consequences.
10.6. If force majeure circumstances continue for more than 60 (sixty) calendar days, the Parties shall hold additional negotiations to determine acceptable alternative methods of performing this Agreement/Offer, or the Parties’ obligations shall be terminated by impossibility of performance (except for monetary obligations) from the moment the force majeure circumstances arose.
11.1. Pre-trial dispute resolution shall be conducted through negotiations and the filing of claims and is mandatory. The Parties establish the following mandatory pre-trial dispute resolution procedure:
11.1.1. A claim shall be submitted in writing and signed by a duly authorized representative of the relevant Party/by the Party itself.
11.1.2. A claim shall specify: the demands, the amount of the claim and a reasoned calculation thereof (if the claim is subject to monetary valuation); the circumstances on which the demands are based and the evidence supporting them; a list of documents and other evidence attached to the claim; and other information necessary for dispute resolution.
11.1.3. The Party receiving a claim shall review it within 10 (ten) calendar days from the date of receipt and notify the Party that submitted the claim of the review results in writing.
11.1.4. If documents necessary for reviewing a claim are not attached to it, they shall be requested from the Party that submitted the claim within 5 (five) calendar days from the date of receipt of the claim, with a specified deadline for submission (but not less than 2 (two) calendar days). If the requested documents are not received by the specified deadline, the claim shall be reviewed based on available documents.
11.2. All claims and other documents pursuant to this Section may be sent by the Parties to each other in the manner specified in this Agreement.
11.3. If agreement cannot be reached, disputes and disagreements shall be referred for resolution to the court at the location of the Service Provider.
11.4. The applicable law for this Agreement shall be the law of the Republic of Kazakhstan.
12.1. All textual information and graphic images posted on the Service Provider’s Website at http://www.gpi.kz are the property of the Service Provider and/or its counterparties.
13.1. This Agreement shall enter into force on the date of Acceptance of the Agreement/Offer and shall remain in force until the Parties have fully performed their obligations under this Agreement/Offer.
13.2. The Service Provider shall have the right to initiate amendments and/or additions to the Agreement/Offer, as well as to the terms of a product/service, by posting information on the Internet resource.
13.3. The rights and obligations of each Party under this Agreement may not be assigned to another legal entity or individual without the other Party’s prior written consent.
13.4. All notices, communications, and requests under this Agreement shall be sent by the Parties to each other in writing. Such a notice or request shall be deemed duly sent or made when delivered by hand or sent via electronic or postal communication to the Party to whom it is to be directed or made, to the address of such Party, which either Party may additionally specify in writing. In this regard:
The Customer shall have the right to send the above notices, communications, and requests to the Service Provider’s email address: info@gpi.kz, or to the email address indicated in the notice of change sent by the Service Provider to the Customer. All incoming information is processed in the shortest possible time.
The Service Provider shall have the right to send the above notices, communications, and requests to the Customer’s email address indicated in the contact details/registration information/registration form completed by the Customer during registration/in the process of the Customer’s acceptance of the terms of the Agreement/Offer on the Service Provider’s Website, or in the notice of change sent by the Service Provider to the Customer.
13.5. The Parties have agreed that financial and accounting documents under this Agreement may be signed by the Parties by sending each other a scanned copy containing the Parties’ signatures via email, followed by an exchange of documents with original signatures via postal communication or by hand, within 10 (ten) calendar days from the date of signing. Subsequent submission of originals is mandatory. Copies of the Agreement received via email shall have the same legal force as originals and shall have the same validity period as originals.
13.6. If any term of the Agreement/Offer is found to be invalid under applicable law of the Republic of Kazakhstan, such term shall be excluded from the Agreement/Offer and replaced with a new provision that most closely reflects the original intent contained in the Agreement/Offer, while the remaining provisions of the Agreement/Offer shall remain unchanged and in force.
13.7. In all other matters not provided for in this Agreement/Offer, the Parties shall be governed by the applicable laws of the Republic of Kazakhstan.
13.8. This Agreement is drawn up in Russian, Kazakh, and English. In the event of any discrepancy between the texts of the Agreement in Kazakh, Russian, and English, the Parties shall be governed by the text of the Agreement in Russian.
Service Provider: LLP “GPI-Lab”
BIN: 200640022519
Legal/actual address: Republic of Kazakhstan, 010000, Astana, Nura District, Dostyk Street, Building 2, Premises 2, Astana Regional Branch
JSC “Halyk Bank of Kazakhstan”
BIC: HSBKKZKX
IIC: KZ21601A871002250261 (KZT), KBe 17
Tel.: +7 (717) 279-27-42
E-mail: info@gpi.kz
Director: Yulia Konstantinovna Yakupbayeva
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