This document is a proposal by Neuronus LLP, hereinafter referred to as the Licensor, to conclude an agreement on the use of the informer software and the provision of related services on the terms set out below. The conditions listed below, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, are a public offer addressed by the Company.
A, represented by the head of B, hereinafter referred to as the Licensee acting on the basis of C, confirms that he accepts all the terms of this offer.
TERMS AND DEFINITIONS
Informer software is a set of information and technological services for working with tracking and notification system equipment (hereinafter referred to as the “System”) to determine the location of the Customer’s vehicle, as well as display all possible reports, according to the installed equipment, as part of the subscription service, in accordance with the procedure and conditions provided for in this Agreement.
Licensor is Neuronus LLP, which grants the right to use the System and has the authority to transfer the rights to use the System under a license agreement.
The licensee is an individual, an individual entrepreneur, or a legal entity who is granted the right to use the System on the terms stipulated in the license agreement.
Software technical support (consulting services) – clarifications from software development specialists on the issues of software operation, as well as assistance in customizing the Licensee’s software, based on information about the Licensee.
The reward is a monthly payment for using the System.
Hardware – a personal computer, a mobile phone (smartphone) and other device on which functional use of the software is possible.
Tariff plan – the terms of the Agreement that determine the amount of payment for the Licensor’s license fee, as well as the validity period of the License. For the purposes of this agreement, 1 (one) month of use of the System is defined as 1 calendar month from the 1st to the 28th/30th/31st. The tariff plan is provided for in Appendix No. 1 to this Offer.
A software package is a set of media for objects of non–exclusive rights transferred from the Licensor to the Licensee, and includes:
– Login and password to access the System;
– technical documentation for the Program in electronic form;
– the user’s manual of the System in electronic form;
The amount of money determined by this agreement, which the debtor is obliged to pay to the Licensor in case of non-fulfillment or improper fulfillment of the obligation, in particular in case of delay in performance, is recognized as a penalty (penalty). Upon request for payment of a penalty, the Licensor is not obliged to prove the damage caused to him.
Scope of the Equipment and System: Provision of information about the location of the vehicle – the coverage area of GPS/GLONASS and GSM systems with the possibility of registering Equipment only in the Contractor’s System.
object
2.1. The Licensor undertakes to grant the Licensee, under the terms of a simple (non-exclusive) license, the right to use the System, within the limits and in the ways specified in this Agreement.
2.2. The Licensee shall, within the time limits and in accordance with the procedure stipulated in the Offer, pay the Licensor the license fee for obtaining the License in accordance with the Tariff.
2.3. The validity period of the License lasts from the moment the Licensee pays the license fee and for the number of months in accordance with the Tariff for which such payment was made.
2.4. This offer grants the Licensee the right to use the System while retaining the Licensor’s right to grant licenses to other persons. The Licensee can use the System for their own needs, as well as grant use rights to third parties within the scope of the System, according to the number of licenses, according to the selected Tariff Plan.
2.5. The rights are granted to the Licensee by registering in the Program with a unique name (login) and issuing a password to log in.
2.6. The number of licenses is determined by the Parties according to the tariff plan selected by the Customer.
ACCEPTANCE OF THE OFFER
3.1. Acceptance of this Offer is the commission by the Licensee of the actions specified in this Offer, indicating acceptance by the Licensee of the terms of the Offer in full in accordance with Part 1 of art.396 of the Civil Code of the Republic of Kazakhstan.
3.2. Acceptance of the Offer by the Licensee means that the Licensee fully and unconditionally agrees to its terms. Acceptance of the Offer is a confirmation that:
– all and any terms of the Offer are fully accepted by the Licensee without any reservations or restrictions;
– The Licensee is familiar with all the terms of the Licensor’s services and the terms of this Offer;
– The Licensee understands all the terms of the Licensor’s services and the terms of the Offer;
– the terms of service and the Offer fully comply with the will, needs and requirements of the Licensee.
3.3. The following actions of the Licensee are the acceptance of this Offer:
– Review by the Licensee and acceptance of the terms of the offer agreement posted on the website https://informer.center/
– Signing of the Order form provided for in Appendix No. 1;
– Installation of the System equipment on the Customer’s vehicles according to the Order;
– payment of remuneration in the amount and in the manner provided for in this Offer;
– registration in the Program as a User using login and password access to the personal account.
3.4. Depending on the technical capabilities, the Licensor may send the signed Order form in Appendix No. 1 in the following ways::
– by sending a copy of the Order in electronic form to the e-mail address specified by the Licensee during registration;
– by providing a hard copy of the Order by the courier service at the Licensee’s expense.
3.5. By accepting the Offer in accordance with the procedure established by this Offer, the Licensee guarantees that he has read, agrees, fully and unconditionally accepts all the terms of the Offer in the form in which they are set out in the text of the Offer.
3.6. The Licensee understands that acceptance of this Offer in accordance with the procedure established by this Offer is equivalent to concluding a contract on the terms set out in the Offer.
3.7. By taking actions to accept the Offer, the Licensee guarantees that he is a legally capable person, and also has the legal right to enter into contractual relations with the Licensor. The licensee guarantees that the relations of representation, if any, are properly formalized.
3.8. The Offer is considered concluded from the moment the Licensor receives the Licensee’s acceptance and registers the Order in the Licensor’s register.
THE ORDER PROCESSING PROCEDURE
4.1. The Licensee provides the Licensor with the Order form (Appendix No. 1 to this Offer), on purpose, by mail or by e-mail (scanned in PDV format) r.shashtauletov@informer.me
4.2. In the Order form, the Licensee specifies the required number of licenses (at the rate of one license per vehicle), the tariff plan, the start date of use of the System, and the period of use.
4.3. The Licensor signs the Order form and agrees with the Licensee on the place and time of installation and configuration of the equipment.
4.4. The Licensor pays 100% of the cost of the equipment and the subscription fee according to the selected tariff plan. Terms and conditions The payment terms may be postponed by agreement of the Parties.
4.5. Within the period agreed by the Parties, the Licensor undertakes to send installers to the Licensee to install and configure the equipment.
4.6. The Licensor registers the Order in the register of contracts and assigns the contract number of the public offer and sends the information to the Licensee by e-mail.
4.7. The Order comes into force after it is signed by the Licensee with the consent to accept the terms of the offer agreement.
4.8. In case of absence of payment within the period stipulated in clause 4.4. of this Offer, the Order is considered invalid.
4.9. Orders are an integral part of this Offer
OBLIGATIONS OF THE PARTIES
5.1. The Licensor is obliged to:
provide the Licensee with the equipment and the rights to use the System under the terms of the Offer, free from any claims of third parties.
provide technical support to the Licensee via e-mail and a hotline. By providing technical support to the Licensee, the Licensor is obliged, during the term of the agreement, to provide the Licensee with the opportunity to receive information necessary for him to operate the software by e-mail r.shashtauletov@informer.me , from 09-00 hours to 18-00 hours, except weekends and holidays, or in writing at the request of the Licensee. Additional services, in the form of a personal consultant, training in the Program, but not limited to, are formalized in a separate contract and are carried out for an additional fee.
Automatically provide the Licensee with updates to the current version of the System released during the validity period of this Offer.
Notify the Licensee of the step-by-step actions before starting the software.
Instruct the Licensee on step-by-step actions before starting working with the System, as provided in Appendix No. 2 to this Offer.
Register the Order in the registry and send the Licensee the form according to Appendix No. 4, within 3 days after the parties sign the Order, to the Licensee’s email address.
5.2. The Licensee is obliged to:
To pay remuneration to the Licensor in the manner and amounts provided for in this Offer.
Use the System only within the limits of those rights and in the ways provided for in this Offer.
provide the Licensor with the Licensee’s individual information, namely:
– full details of the company;
– email address and contact phone numbers;
– contacts of the technical specialist responsible for the control and support of the software by the Licensor;
– which vehicle and equipment the program will be installed on.
Disassemble the tran yourself
To prevent actions that result in violation of the Licensor’s rights.
Strictly adhere to the instructions for using the System set out in the user’s manual and technical documentation.
REMUNERATION AND SETTLEMENT PROCEDURE
6.1. Remuneration under this Offer is determined based on the Licensee’s Order form and the number of licenses.
6.2. The amount of remuneration may be set individually for each Licensee.
6.3. The invoice is issued in tenge, excluding VAT.
6.4. The day when the Licensee fulfills the payment obligation is considered to be the day when funds are credited to the Licensor’s current account.
6.5. Remuneration to the Licensor is paid by the Licensee in advance in the amount of 100% (one hundred percent).
6.6. The invoice issued by the Licensor must be paid by the Licensee before the 1st (first) day of each month.
6.7. If the Licensee needs to change the number of licenses, the remuneration is calculated and paid based on a separate invoice issued by the Licensor.
6.8. The Licensor has the right to unilaterally change the amount of Remuneration.
6.9. In case of early termination of this Offer at the request of the Licensee or in case of violation of the terms of the Offer, the amount of remuneration for the last month of using the System is non-refundable.
6.10. Remuneration can be paid either in cash or by wire transfer.
RESPONSIBILITY OF THE PARTIES
7.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this Offer in accordance with the current legislation of the Republic of Kazakhstan.
7.2. The Licensor is not liable to the Licensee for damages of any kind incurred by the Licensee due to the loss and/or disclosure of his data necessary for access to the Program.
7.3. The Licensor is not responsible to the Licensee for delays and interruptions in work that occur directly or indirectly for reasons that are not part of the Licensor’s responsibilities.
7.4. In case of violation of the deadline for payment of remuneration provided for in clause6.6. in this Offer, the provision of the service is automatically terminated, which the Licensor notifies the Licensee by e-mail. The service is resumed within 1 (one) business day after receipt of the payment in full and receipt of the application for connection (in the prescribed form) and a copy of the invoice for payment of arrears.
7.5. In case of late payment of remuneration by the Licensee provided for in clause6.6. In this Offer, the Licensor has the right to block access to the Software and impose a penalty in the amount of 0.5% of the amount for posts for each day of late payment.
confidentiality
8.1. The purpose of this section of the Offer is to protect the information that the Parties provide (disclose) to each other during cooperation under this Offer.
8.2. The Parties agree to consider the entire amount of information provided to each other under this Offer as confidential information to the extent permitted by applicable law.
8.3. Each party receiving confidential information (the “Receiving Party”) from the other Party (the “Disclosing Party”) has no right to disclose confidential Information to anyone without the express permission of the Disclosing Party and must take all reasonable measures to protect confidential information, including, in particular, all measures that it accepts it to protect its own confidential information/ trade secrets.
8.4. The Receiving Party undertakes to use the disclosed confidential information solely for the purpose of implementing this Offer.
8.5. The Receiving Party undertakes to limit the list of persons having access to confidential information exclusively to its employees, or employees of its counterparties directly involved in the execution of the Offer, with whom the Receiving Party has a similar confidentiality agreement.
8.6. The provision of confidential information to third parties is not considered disclosure if there is a written consent of the Party that provided the confidential information to disclose it.
8.7. For each violation of the obligations on non-disclosure of confidential information provided for in this Offer, the Receiving Party undertakes to compensate all and any losses incurred as a result of such violation.
8.8. The obligations set forth in this Offer regarding the protection of confidential information are valid for three (3) years. years from the date of termination of the relationship under this Offer.
PERSONAL DATA PROCESSING PROCEDURE
9.1. The Licensee hereby agrees to the Licensor’s processing of personal data of individuals, including the surname and first name, email address, telephone number and others specified during registration and when using the System.
9.2. The Licensor uses the Licensee’s personal data to identify the Licensee and interact within the framework of the Offer.
9.3. The processing of personal data includes their storage, processing and destruction.
9.4. The Licensee agrees to receive newsletters, advertisements, as well as system messages and notifications related to the operation of the System to the e-mail address specified during registration.
9.5. The Licensee’s consent to the processing of personal data is valid for the entire term of the Offer.
notifications. ELECTRONIC DOCUMENT MANAGEMENT.
10.1 All notices and other, including electronic, correspondence between the Parties under this Agreement must be sent to the addresses specified in this section and are considered to have been sent.:
1) when sent by courier – from the date indicated in the courier delivery notification;
2) when sent by registered mail – from the date indicated on the postal receipt;
3) when sending by e-mail (e–mail) – from the date of delivery of the e-mail to the addressee and/or receipt of an electronic confirmation of acceptance of the e-mail.
10.2 Addresses for the Parties to carry out notifications and/or messages, including electronic ones, under this Agreement specified in Appendix No. 1.
10.3 An electronic document transmitted through communication channels is information prepared, sent, received and/or stored using electronic, magnetic, optical or similar means, including the exchange of information in electronic form and the e-mail itself.
10.4. The Parties acknowledge that legally significant documents signed and sent by e-mail in accordance with the terms of this Agreement are equivalent to a paper version signed by the Party and/or the Parties themselves, namely a scanned version of a legally significant document, an electronic document;
10.5. The Parties hereby acknowledge that scanned versions of legally significant documents in accordance with the terms of this Agreement relate to electronic documents and are legally valid for up to 30 (thirty) calendar days from the date of receipt/delivery of the electronic notification (and/or message) or until the date of receipt of the original documents on paper, depending on, which of the events will occur earlier.
10.6. Any amendments and/or additions to this Agreement are valid if they are concluded in writing by exchanging legally relevant documents in accordance with the terms of the Agreement, including electronic documents, via e-mail, which allows to reliably establish that the document originates from the Party to the Agreement.
10.7 The Parties acknowledge that the signatures of authorized representatives of the Parties on legally significant documents, including scanned versions sent by e-mail, have the force of handwriting.
10.8 Legally significant documents, electronic documents, messages and/or notifications of the Parties in accordance with the terms of this Agreement, are sent to the e-mail addresses specified in this section of the Agreement.
10.9 Amendments and/or additions to this Agreement come into force from the moment legally significant documents are signed by authorized persons and signed copies are exchanged in any convenient way, including scanned versions sent by e-mail.
10.10 The responsibility for receiving electronic messages and/or electronic notifications in the manner described in this section lies with the receiving Party. The Party that sent the electronic message and/or the electronic notification is not responsible for the delay in the delivery of the electronic message and/or the electronic notification if such delay was the result of a malfunction of the communication systems, the actions / omissions of the provider or other force majeure circumstances.
DISPUTE RESOLUTION PROCEDURE
11.1. Disputes and disagreements that may arise during the execution of this Offer will be resolved by the Parties through negotiations. Pre-trial dispute settlement is mandatory for the Parties.
11.2. If it is impossible to settle disputes and disagreements through negotiations within 10 (ten) days from the date of sending the first claim, the Parties submit them for consideration to a Specialized Interdistrict Economic Court or notary for compulsory debt collection.
THE TERM OF VALIDITY AND THE PROCEDURE FOR TERMINATION OF THE OFFER
12.1. The Offer comes into force from the moment of posting on the Website and is valid until the Licensor withdraws the Offer.
12.2. The relationship between the Parties may be terminated prematurely, including by termination or unilateral refusal of either Party, in the following manner and on the grounds:
– By the Licensor unilaterally upon notification from the date indicated in such notification, without the written consent of the Parties, if the Licensee violates the terms and conditions specified in the Offer;
– By agreement of the Parties by concluding an agreement on early termination of the Offer — from the date determined by such agreement of the Parties;
– Either Party unilaterally, with written notification to the other Party no later than 30 (thirty) calendar days prior to the expiration of the License;
– Either Party unilaterally due to force majeure, provided that the other Party is notified in writing no later than 3 (three) business days prior to the date of such termination.
FINAL PROVISIONS
13.1. In everything that is not provided for in this Offer, the Parties are guided by the current legislation of the Republic of Kazakhstan.
13.2. In the event of a change in the Licensee’s address or banking details, he is obliged to inform the Licensor about these changes by e-mail within 10 (ten) business days.
13.3. The Licensee has no right to assign rights under this Offer without the consent of the Licensor. If it is necessary to assign rights, the Licensee sends a written notification to the Licensor with the reason for the need for such assignment and the organization’s data. Based on this notification, the Parties decide on the possibility of such an assignment, with the further signing of a tripartite agreement on the transfer of rights.
13.4. The Parties hereby confirm that all messages sent by the Parties via e-mail to the address specified by the Licensee when registering on the website/upon leaving the relevant application, they are recognized as duly submitted and legally significant.
13.5. The Parties have agreed that they will use electronic document management by exchanging properly executed documents by e-mail (these documents must be signed by authorized persons and stamped in color, PDV format, followed by sending the originals of such documents by registered mail or on purpose.
Details of the licensee
Neuronus LLP
BIN: 220440005783
BIC: HSBKKZKX
Phone number: +7 7152 40 00 84
The company’s legal address is 173A Mukhtar Auezov St., Petropavlovsk, North Kazakhstan region, Republic of Kazakhstan
Decoding the letters.
A .The form of ownership of the organization (sole proprietor, LLP, etc.)
B Full name of the Supervisor (if by proxy, then his full name)
Q. On the basis of which they operate: coupons, articles of association, power of attorney. Date of registration.
D .Coupon number for sole proprietor or BIN for LLP.
D. Agent’s email address.
E. Contact phone number (which must be verified during registration)
J. Legal and actual address.
