PUBLIC OFFER AGREEMENT

This Public Offer Agreement on terms of acquisition and use of Bank payment cards (hereinafter referred to as the "Agreement" or "Offer") defines the terms of acquisition and use of prepaid payment cards of the Bank and constitutes an offer by LLC "Delims" (hereinafter referred to as the "Sub-subagent") addressed to individuals who have legal capacity in accordance with the laws of the Republic of Kazakhstan (hereinafter referred to as the "Client") to perform operations for the acquisition and subsequent use of prepaid payment cards of the Bank on the following terms.

LLC "Delims" is an agent of LLC "Contact 24h" (http://contact24.kz) (hereinafter referred to as the "Subagent") and carries out the realization (distribution) of payment cards on behalf of the Bank.

1. GENERAL PROVISIONS

1.1. Any actions taken by the Client to make payment for the purpose of acquiring and using the Card, including through the infrastructure of the Subagent/Sub-subagent, shall be deemed as full and unconditional acceptance (acceptance) of the terms of this Agreement without any exceptions and/or limitations.

1.2. An individual who does not agree with the content of the Agreement in full or in any of its parts, and/or who does not understand any of the provisions of this Agreement, should not take any actions to purchase and use the Card.

1.3. The Agreement is considered concluded and becomes effective from the moment the Client takes actions to accept the offer provided by the Agreement.

1.4. The possession and use of the Card by the Client is regarded as an unconditional confirmation (presumption) that the Client is an individual and has the legal capacity in accordance with the laws of the Republic of Kazakhstan to perform operations using the Card, and also undertakes to comply with all norms of the applicable legislation of the Republic of Kazakhstan when using the Card.

1.5. The Offer is an official document of the Sub-subagent and is published on the website https://delims.kz.

1.6. The Client agrees to transfer his/her personal data to the Sub-subagent and grants the Sub-subagent an unrestricted right to collect, process, store, and analyze his/her personal data. The Client grants the Sub-subagent the right to transfer his/her personal data to the extent necessary to provide the requested services to the Client, as well as to organizations engaged by the Sub-subagent for the purpose of information technology support of the services provided by the Sub-subagent, subject to further distribution restrictions.

2. DEFINITIONS

Bank - JSC "People's Bank of Kazakhstan" (BIN 940140000385, license for conducting banking and other operations and activities in the securities market No. 1.2.47/230/38/1 issued by the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market; location and legal address: Republic of Kazakhstan, 050059 (A26M3K5) Almaty city, Medeu district, Al-Farabi avenue, building 40; tel .: for individuals - 7111 (free from mobile), +7 (727) 259-07-77 (city)), which issues payment cards and replenishes them.

Cardholder (Client) - an individual - resident or non-resident of the Republic of Kazakhstan, who has entered into an agreement with the Bank for issuing a payment card by accepting this offer.

Card - a prepaid instant-issue card - a virtual card for one-time replenishment, issued by the Bank with a set expiration date, without personalization, replenished at the time of sale. The card is issued in the national currency of the Republic of Kazakhstan - tenge.

Name of the payment service and the address of its provision - the realization (distribution) of the Bank's payment cards on the Sub-sub-agent's website at https://delims.kz

Card validity period - the period during which the Client is entitled to perform operations using the Card, which is 6 (six) months from the date of Card issuance.

3. SUBJECT OF AGREEMENT

3.1. The Sub-Subagent, based on the Client's acceptance of the offer, provides the Client with a payment service for the implementation (distribution) of a prepaid Bank Card.

3.2. The acquisition and replenishment of the Card by the Client entail mutual obligations between the Client and the Bank. The obligations of the Sub-Subagent are considered fulfilled at the moment the Client receives the Card details.

3.3. The conditions for servicing the Card, the procedure for providing a statement of payments using the Card, the procedure and conditions for confiscating and blocking the Card, the procedure and deadlines for notifying the Card holder of the loss of Card details, unauthorized use of the Card, the procedure for notifying the Card holder of transactions using the Card, the amount and procedure for collecting the Bank's commissions for notifying the Card holder of transactions using the Card, the procedure for terminating the agreement on issuing the Card, the procedure for establishing the exchange rate of foreign currencies applied when making payments using the Card in a currency other than the Kazakhstani tenge, information about the conditions and security measures for using the Card, methods of filing claims, and the procedure for their consideration, are available on the Bank's website.

4. TERMS OF ISSUE AND USE

4.1. The Bank issues a non-denominated Card with a one-time top-up, with a pre-assigned number and a predetermined expiry date, which does not contain any details of the Cardholder.

4.2. Non-denominated Cards are issued by the Bank in accordance with its internal documents.

4.3. The Cardholder's access to the funds on the Card is granted after top-up by providing the Cardholder with information on its details.

4.4. For non-denominated prepaid payment cards, the minimum top-up amount is not less than 2,000 (two thousand) tenge, and the maximum top-up amount for non-denominated Cards is not more than 200,000 (two hundred thousand) tenge, unless lower limits are set by the Subagent/Subsubagent/Bank.

4.5. The Card will be automatically terminated upon the expiry of its validity period or upon depletion of the balance, whichever event occurs first.

4.6. The remaining funds on an expired Card will not be refunded to the Cardholder. The Card with an expired validity period is not eligible for further use.

4.7. No funds may be credited to the Card during its validity period, except for topping-up the Card at the time of purchase.

4.8. The Bank issues a document of arbitrary form confirming the Client's payment of the Card's amount upon the Client's purchase of the Card from the Subagent/Subsubagent.

4.9. The use of the Card is regulated by the Bank, including the right to establish fees for operations using the Card, set limits on transactions, block transactions, and perform other actions at its discretion in accordance with the legislation of the Republic of Kazakhstan, the Bank's rules, and the rules of international payment systems.

4.10. The Client is responsible for the security of the Card's authentication data. The Client is hereby notified of the inadmissibility of transferring the Card details for use by third parties. In the event of the Client transferring the Card or Card details or authentication data to a third party, the Client shall be fully responsible for the actions taken by such third parties using the Card, as well as for any damage caused to the Bank, Agent, and/or Subagent/Subsubagent (including the performance of operations using the available Card balance).

4.11. The use of the Card is only available for purchases on the Internet using its details for goods/services that are not related to the client's business activities and are not limited/prohibited for circulation in the territory of the Republic of Kazakhstan and the destination country of the payment. Cash withdrawals, transfers to cards, and other methods of using the Card, except for the method provided for in paragraph 1 of this section, are not carried out.

4.12. Registration of the Card in various mobile payment systems is not available.

4.13. Payments using payment cards in the territory of the Republic of Kazakhstan are made in the national currency of the Republic of Kazakhstan - tenge, except for cases provided by law. Currency transactions using a payment card are carried out in accordance with the requirements established by the Rules for currency transactions in the Republic of Kazakhstan, approved by regulatory acts of the Board of the National Bank of the Republic of Kazakhstan.

4.14. The Bank has the right to refuse the Client or suspend the execution of expenditure operations on the Card if there are suspicions that such operations are carried out for the purpose of money laundering or financing terrorism.

4.15. The Bank has the right to refuse to carry out or terminate the conduct of any operation of the Client if such refusal or termination is carried out by the Bank in accordance with sanctions imposed in accordance with the jurisdiction of any country (for example, OFAC) or international organization (including, but not limited to, FATF and the UN) whose actions apply to the Bank and/or the Client.

4.16. The Bank has the right to terminate business relations with the Client by unilaterally refusing to perform the Agreement in cases where:

  • suspicions arise during the study of operations that business relations are used by the Client for the purpose of money laundering or financing terrorism;
  • there are repeated refusals to carry out expenditure operations on the Client's Card(s);
  • there are sanctions against the Client imposed in accordance with the jurisdiction of any country (for example, OFAC) or international organization (including, but not limited to, FATF and the UN);
  • the Bank has reason to believe that the Client's operations fall under the action of international economic sanctions or are aimed at evading international economic sanctions;
  • there are prohibitions or restrictions established by the jurisdiction of any country for using the Card in the territory of that country;
  • provided for by the Bank's internal documents and procedures on combating money laundering obtained by criminal means, and... (the sentence is incomplete, it seems that the text is cut off)

5. COST OF SUB-SUBAGENT SERVICES

5.1. The compensation for sub-subagent services in the implementation of the Card is 20% + the bank's commission for the currency exchange operation of the amount on which the Client makes a Card top-up, calculated in addition to such amount and collected from the Client at the time of Card implementation.

5.2. Commissions for services provided by the Bank under the Agreement are paid by the Client according to the rates specified on the Bank's website.

6. DISPUTE RESOLUTION PROCEDURE

6.1. All disputes and disagreements arising in the process of performing this Agreement are resolved through negotiations. Claims addressed by the Parties to each other must be drawn up and sent in writing.

6.2. In case the dispute cannot be resolved through a claims procedure within 60 (sixty) days, any of the Parties has the right to apply to the court in accordance with the legislation of the Republic of Kazakhstan.

6.3. The applicable law to disputes is the law of the Republic of Kazakhstan.

7. PROCEDURE AND TERMS OF THE CONCLUDING, TERMINATING AND AMENDING THE AGREEMENT

7.1. The moment of concluding the Agreement and its entry into force is considered to be the moment of the Client's acceptance of the terms of this Agreement by depositing funds with the purpose of purchasing and using the Card.

7.2. This Agreement is valid indefinitely or until termination.

7.3. The Subsubagent may unilaterally make changes to the Offer Agreement by posting the changes on the website specified in clause 1.5 of the Agreement. The changes come into effect on the day of their publication, unless a longer period is specified when they are posted. The obligation to familiarize oneself with the current version of the Agreement lies with the Client.

7.4. The use of Subsubagent's services after the changes take effect is understood by the Parties as an unconditional acceptance of these changes.

8. DETAILS

  • Sub-subagent: LLC "Delims"
  • Legal address: Republic of Kazakhstan, Almaty city, Abaya avenue, building 115
  • BIN: 221040042845
  • Email: help@delims.kz