Public offer agreement for partner companies

The Platform is the Agro Steppe software system available at agrosteppe.kz: an online showcase (marketplace) where Clients place Requests and Partners answer them with Proposals. The operator of the Platform is «Agrosteppe.kz» LLP, BIN 261140001690 (hereinafter — Agro Steppe).

A Partner is a legal entity or individual entrepreneur that has accepted this offer and obtained access to the Platform. A Client is a person who has placed a Request through the Platform.

A Request is a Client's inquiry for a service or product placed on the Platform. A Proposal is a Partner's offer on a specific Request: price, terms and time frames.

A Subscription is the Partner's paid access to the Platform's functionality for the paid period. The Personal Account is the protected area of the Platform where the Partner works with Requests. Verification is the check of the Partner before work starts, as provided by this offer.

Agro Steppe grants the Partner, for a fee, the right of access to the software platform — a marketplace — for receiving Requests and placing Proposals, and the Partner pays for the Subscription in the manner provided by this offer.

The subject of the agreement is access to software. Agro Steppe is the rightholder of the Platform; it does not provide travel, financial, insurance or other industry services and is not a travel agent, tour operator or financial organisation.

Agro Steppe is not a party to the transaction between the Partner and the Client. Service contracts are concluded by the Partner and the Client directly, without Agro Steppe's participation.

Agro Steppe does not guarantee the Partner any volume of Requests, Proposals or transactions. The Subscription fee is a fee for access to software, not for a result.

This document is a public offer under the Civil Code of the Republic of Kazakhstan. Acceptance is made by implicative actions: ticking the consent box at registration and (or) starting to use the Platform.

Acceptance means the Partner's full and unconditional consent to all terms of the offer, including the tariffs. The person making the acceptance confirms that they are authorised to act on behalf of the Partner.

Agro Steppe may amend the offer by publishing a new version on the site and notifying the Partner in the Personal Account at least 10 calendar days before the changes take effect. Continued use of the Platform after that date means consent to the new version; if the Partner disagrees, it stops using the Platform.

Before starting work on the Platform the Partner must pass Verification: provide registration data — BIN or IIN, the certificate of state registration, contact details and information on its types of activity.

A Partner engaged in tourism activities additionally provides the notification slip on commencement of activities and a valid civil-liability insurance contract (policy).

Agro Steppe may request additional documents and may refuse registration without stating reasons.

If the accuracy of the provided information is in doubt, Agro Steppe may suspend the Partner's access to the Platform until the check is completed.

The tariffs, the scope of functionality and the Subscription period are published on the site and form an integral part of this offer.

Payment is made by cashless transfer to Agro Steppe's settlement account against an issued invoice. The billing period is specified in the tariff; access is granted after payment is received and remains in force until the end of the paid period.

If a regular period is not paid, access to the Platform is suspended until payment is received. Agro Steppe may provide a trial period; its length and terms are published on the site.

Agro Steppe notifies the Partner of tariff changes at least 30 calendar days in advance; new tariffs apply from the next billing period. Amounts are stated inclusive of VAT where it is payable under the tax legislation of the Republic of Kazakhstan.

A Request is deemed transferred to the Partner at the moment the Client's contact details are made available to it in the Personal Account.

The moment of transfer does not depend on when or in what form the Partner and the Client conclude a transaction. Concluding the transaction later or outside the Platform does not cancel the fact of the Request's transfer.

The Partner ensures the accuracy of prices and information in its Proposals and profile and keeps its published offers up to date.

The Partner responds to Requests within the time stated in its profile (SLA) and reports the status of every received Request in the Personal Account.

The Partner operates lawfully: it holds the licences, notifications and insurance required by the legislation of the Republic of Kazakhstan for its type of activity and keeps them valid for the entire time it works on the Platform.

While a Request is active, the Partner must not bypass the Platform: it may not induce the Client to take communication and the deal outside the Platform in order to conceal the fact that the Request was transferred.

Access to the Personal Account is granted only to the Partner and its employees. Transferring access to third parties is prohibited; the Partner is liable for actions performed under its account.

The Partner receives Clients' personal data solely to respond to a specific Request and processes it in accordance with the Law of the Republic of Kazakhstan on personal data and its protection.

The Partner may not transfer the received data to third parties or use it for mailings or other purposes unrelated to the Request, and must delete the data at the demand of the Client or Agro Steppe.

The Partner bears responsibility for any breach of the personal-data processing rules committed by the Partner. Personal data is stored and processed in the territory of the Republic of Kazakhstan.

The Partner is solely liable to the Client for the performance of services and the accuracy of its Proposals, including under consumer-protection legislation.

Agro Steppe is not liable for the actions or omissions of the Partner or the Client, for the content of Proposals, or for the performance of transactions between them.

Agro Steppe's aggregate liability to the Partner on any grounds is limited to the Subscription amount actually paid by the Partner over the last 3 months.

Lost profit, indirect losses and loss of business reputation are not recoverable.

Agro Steppe may collect the Partner's performance metrics — response speed, share of completed Requests (conversion), Client ratings — and display them in an open rating on the showcase.

For breaches of the offer, progressive measures apply: a warning, lowering of positions in listings, suspension of access, termination of the agreement.

The Partner is notified of the applied measure in the Personal Account and may submit its explanations.

The exclusive rights to the Platform, its code, design, databases and designations belong to Agro Steppe. The Partner receives a limited non-exclusive right to use the Platform for the term of the Subscription.

The Partner grants Agro Steppe the right to place its name, logo and offers on the showcase and in the Platform's materials.

The Partner warrants that it holds the rights to the provided materials and that their placement does not infringe third-party rights.

The agreement is not exclusive for Agro Steppe: Agro Steppe may connect any other partners to the Platform, including the Partner's competitors.

Nor is the agreement exclusive for the Partner: it may attract clients through any other channels. The only restriction is the bypass ban set out in the section on the Partner's obligations.

The agreement takes effect upon acceptance and is concluded for an indefinite term.

Either party may terminate the agreement at any time by notifying the other party at least 10 calendar days in advance.

In the event of a material breach of the offer by the Partner, Agro Steppe may suspend access or terminate the agreement immediately, notifying the Partner in the Personal Account.

If the agreement is terminated through the Partner's fault, the fee for the paid period is not refunded. From the moment of termination the Partner loses access to the Platform and stops processing personal data obtained through it, except where processing is needed to perform transactions already concluded.

The parties are released from liability for non-performance caused by force-majeure circumstances for the duration of those circumstances, provided the other party is notified within a reasonable time.

The agreement is governed by the law of the Republic of Kazakhstan. Disputes are first handled out of court: a party sends a written claim, and the response period is 10 business days from receipt.

Unresolved disputes are referred to the court at Agro Steppe's location.

The language of the agreement is Russian. The Kazakh and English versions are provided for convenience; in case of discrepancy the Russian version prevails. Agro Steppe details: «Agrosteppe.kz» LLP, BIN 261140001690, address: Astana, Kazakhstan, bank details are stated in the invoice.