This Offer is an official proposal of Individual Entrepreneur “AMAN INVEST”, IIN 930310300762, legal address: Republic of Kazakhstan, Almaty, Mamyr-1 microdistrict, building 29 hereinafter referred to as the “Contractor”, to provide paid educational services through distance online learning under the terms set out in this agreement.
In accordance with the Civil Code of the Republic of Kazakhstan, this Offer is public and addressed to an indefinite number of persons. By agreeing to receive paid educational services and performing the actions specified in this Offer, the recipient of the Offer is deemed to have fully and unconditionally accepted the terms of this Offer acceptance, thereby entering into an agreement with the Contractor for the provision of educational services.
1. Terms and Definitions
Offer means this offer for the provision of paid online educational services, published on the Website or sent to the recipient of the Offer.
Contractor means IE “AMAN INVEST”.
Customer means an individual who has accepted this Offer.
Recipient of the Offer means an individual who is interested in and has contacted the Contractor physically and/or by telephone and/or through the Website regarding the Services and has received the Offer.
Services means educational training services provided by the Contractor in accordance with the terms of the Agreement and the training program selected by the Customer and/or chosen by the Contractor.
Acceptance means the performance by the recipient of the Offer of any action provided for by the Offer to accept the proposal to receive educational services, constituting full and unconditional acceptance of all terms of the Offer and agreement to fulfill the obligation to pay for the Services provided under the Agreement.
Agreement means the terms of this Offer accepted by the Customer.
Website means the Contractor’s online resource published as a Taplink page in the Contractor’s Instagram social media account.
Training Program means a course of classes on investment literacy and financial plan analysis, selected by the Customer and/or chosen by the Contractor from the list of training programs approved by the Contractor in accordance with the Customer’s request and level of knowledge.
Distance Learning Format means the provision of Services under the Agreement through individual classes conducted remotely using electronic and telecommunication means.
Parties means the Contractor and the Customer jointly as parties to the Agreement.
Personal Data means information regulated by the Agreement, relating to a specific individual or legal entity and recorded on electronic, paper, and/or other tangible media.
2. Subject of the Agreement
2.1. The Contractor provides, and the Customer pays for and attends, educational courses under the Training Program provided by the Contractor in accordance with the terms of the Agreement. The Training Program is an integral part of the Agreement and is published on the Website, or may be prepared by the Contractor individually at the Customer’s request and sent to the Customer together with the Offer for Acceptance.
2.2. The Services are provided by the Contractor in accordance with the methodology developed by the Contractor and using the educational material provided by the Contractor.
3. Procedure for Acceptance
3.1. The Contractor’s Offer shall be deemed accepted and approved by the recipient of the Offer from the moment the recipient performs any one of the actions listed below:
3.1.1. registration of the recipient of the Offer on the Website, as well as the performance of actions indicating acceptance of the terms of the Offer, including checking the box “I accept the terms of the Offer” in the relevant field on the Website page;
3.1.2. sending by the recipient of the Offer of written consent acceptance to the Contractor’s terms of the Offer;
3.1.3. making payment by the recipient of the Offer in the manner and on the terms specified in the Agreement.
4. Provision of Services
4.1. The Services are provided remotely via an Internet connection. The Contractor shall ensure the possibility of receiving the Services without obstruction within the approved Training Program; however, the Contractor shall not be responsible for the quality of the Customer’s Internet connection.
4.2. The Service is provided personally by the Contractor to the Customer. The Customer and the Contractor may not replace themselves with a third party in the performance of obligations under the Agreement without the consent of the other Party.
4.3. After Acceptance of this Offer, the Parties shall agree on a schedule of online video meetings. If it becomes necessary to change the schedule, the initiating Party must notify the other Party of the review and approval of the revised schedule no less than 5 five days before the planned change. The number and duration of online video meetings shall be determined by the Training Program.
4.4. After the Customer pays the cost of the Services, the Contractor shall train the Customer by organizing online video meetings through the Zoom Meeting application. By agreement of the Parties, another application may be used.
4.5. The Contractor shall provide the Customer with a single permanent link to access the Zoom Meeting conference within 3 three business days from the date of receipt of payment for the Services from the Customer, or shall send the Customer, through a messenger agreed by the Parties, a one-time link to access the conference no later than 15 fifteen minutes before the start of the relevant online video meeting.
4.6. The Customer’s absence from an online video meeting for more than 15 fifteen minutes from the start time agreed by the Parties shall be considered a missed class. The Contractor is not obliged to reimburse the Customer for the cost of classes missed in this way, and make-up classes may be provided only if the Customer additionally pays the cost of such make-up classes at the Contractor’s standard rates. If an online video meeting is prevented by poor Internet connection quality, malfunction of audio and/or video communication during the class, or other technical issues on the Customer’s side that prevent the Contractor from conducting the online video meeting properly at the time agreed by the Parties, the Parties shall agree to reschedule such meeting.
4.7. Violations by the Contractor similar to those specified in clause 4.4 shall oblige the Contractor to properly conduct the missed meeting at another time agreed with the Customer.
4.8. The Service is provided in the form of individual training in accordance with the Training Program.
4.9. The Contractor undertakes to comply with the following quality requirements for the Services provided:
4.9.1. the organization of online video meetings for the Customer shall comply with the usual quality requirements for services of this kind on the market;
4.9.2. the Contractor shall provide answers to the Customer’s questions within the scope of the educational material;
4.9.3. the Contractor shall support the Customer’s investment activities during the training period to the extent necessary to reinforce the knowledge provided to the Customer in practice, if such support is provided for by the relevant Training Program;
4.9.4. the Services shall be provided in Russian.
5. Cost of Services
5.1. The cost of the Services shall be specified on the Website.
5.2. Payment for the Services shall be made by the Customer upon Acceptance. Payment for the Services shall be made by cashless payment using any of the methods offered by the Contractor, or by depositing cash into the Contractor’s cash desk.
5.3. Certain payment methods for the Services may require the Customer to pay a commission or fee for the services of payment processors, banks, and other entities involved in receiving and transferring payments. The Customer agrees to this and acknowledges that such expenses are not included in the cost of the Contractor’s Services.
5.4. Taking into account that payment for the Services constitutes an action indicating Acceptance, when making payment for the Services the Customer must indicate in the payment order the registration details surname, first name, patronymic if applicable and specify the selected Training Program.
5.5. If, after receiving the Services under the Agreement and providing the Contractor with one set of conditions for preparing a financial plan and/or investment plan, the Customer decides to change his or her preferences, the Contractor has the right to accept new data for further interaction with the Customer only on the condition of additional payment for the repeated provision of the relevant part of the Services.
5.6. If the Customer chooses to pay for the Contractor’s Services using borrowed bank funds, the Customer shall subsequently be responsible for repayment of the principal debt amount, as well as penalties and overdue payments under the bank loan agreement, without involving the Contractor.
6. Rights and Obligations of the Parties
6.1. The Customer has the right to:
6.1.1. use the material and technical resources provided by the Contractor during the period of receiving the Services;
6.1.2. send the Contractor suggestions for improving the Services provided;
6.1.3. require that the Services be provided within the timeframes set out in the Agreement and the Training Program;
6.1.4. expect proper quality of theoretical lessons/classes;
6.1.5. in the event of failure to understand and/or insufficient understanding of the Training Program, notify the Contractor for repeated clarification. Individual clarification of the course program shall be provided only in response to specific questions raised by the Customer relating to the course program and shall not imply that the same training is conducted again.
6.2. The Customer is obliged to:
6.2.1. ensure his or her attendance at the online video lessons approved by the Parties;
6.2.2. complete all homework assignments received from the Contractor at least 12 hours before the start of the next online video meeting, including sending the results of completed assignments to the Contractor photo, screenshot, access to a file in cloud storage, etc.;
6.2.3. accept and pay for the Services provided by the Contractor in a timely manner and under the terms of this Agreement;
6.2.4. respect the Contractor’s copyrights to the content of online video lessons and additional educational materials provided to the Customer;
6.2.5. the Customer is prohibited from transferring the knowledge received as part of entrepreneurial activity, since its subject matter is based on the Customer’s specific personal needs. If such a violation is identified, the Contractor reserves the right to withdraw from the Agreement without refunding the cost of the purchased Services;
6.2.6. not violate the rights of third parties and not use the Services received in prohibited, criminal, or otherwise unlawful activities;
6.2.7. sign primary tax and accounting documents in a timely manner and send them to the Contractor.
6.3. The Contractor is obliged to:
6.3.1. ensure the provision of the Services specified in the Agreement at the agreed time;
6.3.2. provide the Services in accordance with the Training Program;
6.3.3. guarantee to the Customer the relevance of the courses conducted on similar or analogous topics used in similar activities;
6.3.4. strictly maintain the confidentiality of all information about the Contractor received and sent in the course of its exchange, and prevent third parties from obtaining such information against the will of the Parties, unless this is expressly required by authorized state bodies;
6.3.5. send all accounting and tax documentation to the Customer in a timely manner;
6.3.6. comply with other rules regarding confidentiality and the inviolability of corporate secrets and/or private life in the course of performing this Agreement.
6.4. The Contractor has the right to:
6.4.1. improve the Training Program, including adding new teaching methods or excluding existing ones, solely in the interests of the Customer and to improve the quality of the Services provided;
6.4.2. mention the Customer’s name for marketing purposes, unless the Customer has orally or in writing prohibited such mention;
6.4.3. refuse to provide the Services to the Customer in the event of one or more violations of the terms of the Agreement;
6.4.4. terminate the Agreement unilaterally out of court if the Contractor considers that effective provision of the Services is impossible due to the Customer’s low level of interest or repeated breach of discipline during the training. Termination of the Agreement on these grounds shall be carried out by the Contractor by notifying the Customer 3 three business days before the actual termination. In such case, provision of the Services shall cease and the Parties shall make mutual settlements up to the date of actual termination.
7. Liability of the Parties
7.1. For non-performance and/or improper performance of obligations under the Agreement, the Parties shall be liable in accordance with the Agreement and the legislation of the Republic of Kazakhstan.
7.2. The Customer acknowledges and agrees that, in the course of receiving the Services, any investment transactions involve risk including bank deposits, and accepts the risks of receiving income lower than planned, as well as losses.
7.3. The Contractor undertakes to make reasonable efforts to teach the Customer adequate risk assessment in the field of investing. The Contractor cannot guarantee the result expected by the Customer. Online video lessons are advisory in nature, taking into account the realities of the securities financial market. The Contractor shall not be liable if the Customer, contrary to the Contractor’s recommendations or due to the Customer’s own lack of preparation, does not obtain the expected result from the Services received.
7.4. The Customer is responsible for the accuracy of the information provided to the Contractor about himself or herself, his or her assets, liabilities, income, expenses, and other financial indicators, including any changes to such information during the training. The Contractor shall not be liable to the Customer if, by acting on the Contractor’s recommendations based on inaccurate data provided by the Customer, the Customer incurs losses or fails to receive income.
7.5. If the Contractor fails to provide the Services within the deadline/time established by the Agreement, the Customer has the right to demand payment of a penalty from the Contractor in the amount of 0.1% of the cost of the Services not provided on time for each day of delay in performance. At the same time, the amount of the accrued penalty for each case may not exceed 10% of the cost of the Services not provided on time.
7.6. The Contractor shall be released from liability for violation of the deadlines for providing the Services if such violation occurred due to the Customer’s fault, failure to notify and/or improper notification of the Contractor, or lack of confirmation of a valid reason for missing classes.
7.7. In the event of late payment for the Services by the Customer, the Contractor has the right to withdraw from the Agreement.
8. Force Majeure Circumstances
8.1. A Party shall be released from liability for partial or complete non-performance, or improper performance, of an obligation if such non-performance or improper performance resulted from force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary circumstances that the Party could not objectively foresee or prevent.
8.2. Force majeure circumstances include flood, fire, earthquake, natural disasters, epidemic, war or military actions, as well as decisions of state authorities or administrative bodies.
8.3. Upon the occurrence of such circumstances, the Party affected by them must notify the other Party within 7 seven calendar days. Proper notification of the Customer may also be made through messengers and other methods capable of confirming the sending and receipt of the notification.
8.4. The Party invoking force majeure circumstances must provide the other Party with official documents confirming the existence of such circumstances and, where possible, allowing an assessment of their impact on the Party’s ability to perform its obligations under the Agreement. Force majeure circumstances that are generally known do not require proof.
8.5. If the Party affected by force majeure circumstances fails to provide the documents required by the Agreement confirming the existence of such circumstances, such Party shall lose the right to rely on those circumstances as grounds for release from liability for non-performance or improper performance of obligations under the Agreement.
8.6. In the event of force majeure circumstances, the period for the Party to perform its obligations under the Agreement shall be extended proportionally to the period during which such circumstances and their consequences remain in effect. If the force majeure circumstances and their consequences continue for more than 3 three consecutive months, the Parties shall hold additional negotiations to determine acceptable alternative methods of performing the Agreement, or the Parties’ obligations shall terminate due to impossibility of performance except for monetary obligations from the moment the force majeure circumstances arise.
9. Dispute Resolution
9.1. Pre-trial dispute resolution shall be carried out through negotiations and the submission of claims and is mandatory.
9.2. The Parties establish the following mandatory procedure for pre-trial dispute resolution:
9.2.1. A claim shall be submitted in writing and duly signed by the Party submitting the claim;
9.2.2. The claim shall specify the demands, the amount of the claim and its justified calculation 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 any other information necessary for resolving the dispute;
9.2.3. The claim shall be reviewed within 14 fourteen calendar days from the date of receipt, and the Party that submitted the claim shall be notified of the results of the review in writing. In the response to the claim, the Party receiving the claim must specify the reasons for the decision and proposals for the procedure for resolving the dispute;
9.2.4. If the documents necessary for reviewing the claim are not attached to the claim, they shall be requested from the Party that submitted the claim within 3 three calendar days from the date of receipt of the claim, specifying the deadline for submission, which shall be no less than 2 two business days. If the requested documents are not received by the specified deadline, the claim shall be reviewed on the basis of the available documents.
9.3. Disputes shall be resolved in court at the district court at the location of the Contractor in the city of Almaty.
10. Confidentiality
10.1. Documentation and information related to the performance of the Agreement shall be confidential.
10.2. The Parties undertake not to disclose to third parties and not to use, for purposes other than the proper performance of obligations under the Agreement, any information and documentation received from the other Party in connection with or relating to the Agreement.
10.3. These confidentiality provisions shall remain in effect throughout the term of the Agreement and for 3 three years from the date of termination of the Agreement.
11. Procedure for Amendment and Termination of the Agreement
11.1. The terms of the Agreement may be amended by agreement of the Parties through the execution of a bilateral agreement or in another written form provided by law.
11.2. The Agreement may be terminated by agreement of the Parties, as well as in the event of unilateral refusal to perform the Agreement withdrawal from the Agreement on the grounds provided for by the Agreement and applicable law. In the event of the Customer’s unilateral withdrawal from the Agreement, the Contractor shall retain the cost of the Services and expenses actually provided and incurred as of the moment the notice of withdrawal from the Agreement is received. In the event of the Contractor’s unilateral withdrawal from the Agreement, the Contractor shall refund to the Customer the cost of the Services minus the cost of Services actually provided and expenses incurred as of the moment the notice of withdrawal is sent.
11.3. Termination of the Agreement by agreement of the Parties shall be carried out through the execution of a bilateral agreement or in another written form provided by law.
12. Final Provisions
12.1. The Agreement shall enter into force from the moment of Acceptance of the Offer and shall remain in effect for the duration of the training period provided for by the relevant Training Program.
12.2. The Agreement, as well as all legal relations arising in connection with the performance of the Agreement, shall be governed by and interpreted in accordance with the legislation of the Republic of Kazakhstan.
12.5. The Contractor may amend the Offer from time to time, and such amendments shall be published on the Website. This does not affect the terms under which the Agreement with the Customer was concluded.
12.3. The provision of Services by the Contractor is informational in nature and does not guarantee the Customer’s mastery of the training material and/or a positive result from the Customer’s application of the knowledge and skills received.
12.4. The Parties may not transfer their rights and obligations under the Agreement to third parties.
13. Contractor’s Details
IE “AMAN INVEST”
Address: Kazakhstan, Almaty, Mamyr-1 microdistrict, building 29
IIN: 930310300762
Bank: JSC “Kaspi Bank”
KBe: 19
BIK: CASPKZKA
Account number: KZ43722S000009035200