public_offer-en

This Public Agreement (offer) for the provision of services (hereinafter referred to as the Agreement), in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, is a public offer by the Limited Liability Partnership "Internet Company PS" (hereinafter referred to as the Contractor) to a wide range of individuals for the purpose of providing the Contractor's services, including hosting services and other related services, as well as providing the Contractor with access to services from third-party service providers (hereinafter referred to as the Services).

This Agreement defines the general terms and conditions for the provision of Services by the Contractor to individuals (individuals, individual entrepreneurs, legal entities regardless of the form of ownership) who have joined the terms of this Agreement (hereinafter referred to as the Customer).

The terms of the Agreement are established by the Contractor independently in accordance with the legislation of the Republic of Kazakhstan and are accepted by the Customer solely by joining the Agreement in its entirety.

The Customer's performance of conclusive actions signifies their unconditional consent to the terms of the Agreement and their joining it in its entirety.

The fact of joining and acceptance (acknowledgment) by the Customer of the terms of this Agreement is considered to be the Contractor performing the following (conclusive) actions: registration in the Contractor's Accounting System, and subsequently, when changes and additions are made to the Agreement — payment for the Contractor's Services after the new version of the Agreement is posted on the Contractor's Internet resource (paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan).

1. Terms and Definitions

In this Agreement, the following terms and definitions shall have the following meanings:

1.1. Agreement — this agreement, defining the procedure for the Parties' interactions in the provision of Services, along with all Agreements, Appendices, Applications, and their additions, as well as all necessary documentation referenced in this Agreement;

1.2. Service Level Agreement or SLA (hereinafter — SLA, Agreement) — an addition to this Agreement containing a description of the Services, the terms of their provision, the procedure for interactions between the Parties, Service parameters, as well as other information necessary to ensure an agreed level of quality in the provision of Services https://www.sphera.kz/agreements;

1.3. Application — an addition to this Agreement, created by the Customer independently in the Customer's Management Console, the Ticket System, or on paper, reflecting the name, composition, quantity, and volume of Services, indications of the applicable Tariff, the amount and procedure of payments, as well as, if necessary, other information determined by the Contractor for providing Services to the Customer;

1.4. Privacy Policy — an addition to this Agreement reflecting the mutual rights and obligations of the Parties regarding the maintenance of confidentiality and the secure exchange of information between the Parties and third parties, posted on the Contractor's Internet resource at https://www.sphera.kz/agreements/privacy;

1.5. Total Contract Amount — the amount to be paid to the Contractor under this Agreement for the full and proper fulfillment of all its obligations under this Agreement;

1.6. Authorized Representative of the Customer — a person authorized by a power of attorney, job description, or another official document of the Customer to represent their interests within the framework of this Agreement in interactions with the Contractor, and specified in the Customer's Management Console;

1.7. Tariff — the amount of payment for a specific Service provided by the Contractor under the Agreement in the form of one-time rates and/or periodic payments, posted on the Contractor's Internet resource at https://www.sphera.kz/.

1.8. Accounting System — a software complex located on the Contractor's Internet resource, allowing Customers to remotely manage (order, change, extend, pay for, disconnect, etc.) Services, as well as interact with the Contractor on various issues;

1.9. Customer Management Console (hereinafter — Management Console) — a personalized web interface for the Customer in the closed part of the Accounting System, accessible at https://www.sphera.kz/admin based on authentication data, including an information-billing system reflecting information on Services provided by the Contractor to the Customer, including Registration data, and allowing interaction with the Contractor regarding the Services ordered by the Customer;

1.10. Ticket System — a system for exchanging electronic messages between the Customer and the Contractor by sending/receiving requests through a special form located in the Customer's Management Console;

1.11. Hardware-Software Complex — a combination of software and technical means jointly used by any Party in the performance of obligations under this Agreement to solve tasks of a certain type;

1.12. Day — a working day, unless otherwise explicitly stated;

1.13. Incident — individual or series of failures in the operation of information and communication infrastructure objects, creating a threat to their proper functioning and/or conditions for the unlawful acquisition, copying, distribution, modification, destruction, or blocking of the Customer's electronic information resources;

1.14. Request — an appeal (notification) by the Customer directed in accordance with this Agreement and its additions for support, provision of information, consultation, or documentation, not being a response by the Party to an Incident;

1.15. Claim — a demand (notification, letter, requirement, etc.) sent by one Party to the other Party in the event of an Incident, non-fulfillment, and/or improper fulfillment of obligations under this Agreement;

1.16. Parties — collectively, the Customer and the Contractor.

2. Subject of the Agreement

2.1. In accordance with the terms of the Agreement, the Contractor undertakes to provide Services to the Customer based on Applications, and the Customer undertakes to accept the provided Services and pay for them.

2.2. The list of Services, their descriptions (characteristics), terms of provision (SLA), as well as their prices are publicly available on the Contractor's Internet resource https://www.sphera.kz/, and are an integral part of this Agreement.

2.3. The list, characteristics, and detailing of Services, as well as the start date of their provision, are determined by the Customer's Application for the provision of Services, taking into account the Agreement for the corresponding Service.

3. Procedure for Providing Services

3.1. The provision of Services under this Agreement is carried out upon the existence of a registered account in the Customer's Management Console and a submitted Application, and begins from the moment the Contractor receives the Customer's prepayment according to the invoice issued by the Contractor, unless otherwise specified in the Application or the payment invoice.

3.2. The Contractor provides Services through the Management Console after identifying the Customer.

3.3. Customer identification is carried out by registering an account in the Management Console on the Contractor's Internet resource, assigning the Customer a corresponding login, creating an individual password for access to the Management Console, and confirming the email address specified in the Management Console.

3.4. When registering an account in the Management Console, the Customer complies with the requirements described in the Registration Rules in the accounting system, posted at https://www.sphera.kz/agreements/registration-rules, provides accurate personal data, familiarizes themselves with the Agreement and Privacy Policy, and gives consent to the Processing of personal data to the extent necessary for the proper provision of services under the Agreement and compliance with the current legislation of the Republic of Kazakhstan.

3.5. The Application for the provision of a Service is created by the Customer independently and is coordinated with the Contractor through the Management Console or the Ticket System. With the Contractor's agreement, the Customer may submit an Application on paper using a form established by the Contractor, with subsequent entry of the Application data into the Customer's Management Console or the Ticket System.

3.6. The basis for providing (supplying) Services to the Customer is the availability of sufficient funds in the Customer's account balance to cover the provision (supply) of Services, unless otherwise agreed with the Contractor.

3.7. To place an order for Services, the Customer submits the corresponding Application and confirms their acceptance of the Agreement related to them. In the event of any changes to the provided Service as stipulated by the Application and the Agreement, the Parties follow these rules:

When changing any parameters (technical, pricing, or others) of the provided Service, the Customer submits an additional Application. At the same time, the previously valid Application is canceled from the moment the Service with the new parameters begins to be provided;

When changing the volumes of provided Services (additional services, expansion of the scope, increase in quantity), if the Customer does not refuse the Service already being provided, the Customer submits a new Application for Services. At the same time, the previously accepted Application remains in effect simultaneously with the newly submitted Application.

3.8. Based on the Applications agreed upon by the Parties through the Customer's Management Console, the Contractor keeps track of the Services received by the Customer and issues invoices for the provided Services under this Agreement.

3.9. In fulfilling their obligations under the Agreement, both Parties undertake to strictly comply with the relevant terms and requirements, including those provided by national legislation, regulations of authorized organizations for the regulation and coordination of the Internet (for example, ICANN, RIPE, etc.), and the Agreement.

3.10. The Contractor accepts all Applications, requests, claims, and other information and documentation from the Customer under the Agreement only through the Customer's Authorized Representative, designated by the Customer for contacts with the Contractor and resolving all issues related to the Agreement. The Customer is responsible for promptly notifying the Contractor of any changes to the scope of authority and/or replacement of their Authorized Representative.

3.11. The Contractor has the right to refuse to provide Services to the Customer if the Customer's requirements exceed the Contractor's technical capabilities.

3.12. The Contractor has the right not to provide, to suspend, or to limit the provision of Services until all circumstances are clarified and/or the reasons for violations (limitations) are eliminated in the following cases:

Absence of a registered account in the Customer's Management Console and a submitted Application for the provision of the Service;

Non-receipt of payment by the Customer for the Contractor's Services within the deadlines established by Section 5 of this Agreement, as well as in the event of the Customer's non-fulfillment of any of their obligations under the Agreement;

by the decision of an authorized government body regulating the respective relationships and possessing powers in accordance with the legislation of the Republic of Kazakhstan;

when the Customer places content that does not comply with legal requirements;

when the Customer violates the Agreement, including the Rules of registration and use of the Contractor's accounting system, and the Service Agreements;

when there are potential risks of causing property damage to the Contractor or its clients, as well as technical and software failures of the Contractor and third parties as a result of the Customer's use of Services;

when there is suspicion of loss or compromise of the Customer's Authentication Data;

when the Customer refuses or evades cooperation in the investigation of cases specified in clause 4.3.13 of the Agreement;

when the Customer engages in actions aimed at restricting or preventing other users' access to Services, as well as attempts of unauthorized access to the Contractor's resources and other infrastructure objects accessible via the Internet;

when the Customer places software that leads to disruption of the functionality of the Services provided by the Contractor;

establishing that the Customer supports or uses any spam activity (performing any advertising actions on other resources or via email, SMS, messengers, etc., without the explicit and unequivocal consent of the owners or recipients, including mass advertising messages, etc.);

establishing that the Customer is using the Service to organize IP telephony for commercial purposes (reselling) or using the Service to organize Proxy servers, game servers, as well as VPN servers for the purpose of internet traffic transit;

using Services to place search spam (Spamdexing), phishing pages, redirects to prohibited sites, collection of financial and personal data;

in other cases provided for by the legislation of the Republic of Kazakhstan, regulations of authorized organizations for internet regulation and coordination (for example, ICANN, RIPE, etc.), the Agreement and the Service Agreement for the respective Service.

In cases of detecting the listed cases of Service usage, the Contractor reserves the right to refuse to provide Services without refunding the remaining amount for the unused period.

3.13. Suspension of the provision of Services until the Customer complies with the Contractor's requirements to eliminate violations does not cancel the Customer's fulfillment of all its obligations under the Agreement, the Service Agreement.

3.14. The time of suspension of the provision of Services for the reasons specified in clause 3.12 of the Agreement, as well as in the Service Agreements for the respective Services, is not considered a break in the provision of Services and cannot be regarded as a violation by the Contractor of its obligations under the Agreement, the Service Agreement.

3.15. Upon request, the Contractor sends the Customer a notification specifying the reasons for the suspension or limitation of Services.

3.16. In the event of suspension of Services due to the existence of arrears in the payment for Services, the Customer has the right to resume the provision of Services (gain access to the Service) by paying the amount of the arrears for Services no later than 7 (seven) calendar days from the moment of Service suspension, unless otherwise provided in the Service Agreement for the respective Service. The Contractor grants the Customer access to the Service within 1 (one) business day from the receipt of funds in the Contractor's bank account.

3.17. Upon the expiration of the specified seven-day period, the Contractor deletes the Customer's data for the suspended Service, and the resumption of Services is not possible. To obtain Services, the Customer must submit a new Application in the Management Console, unless otherwise provided in the Service Agreement for the respective Service.

3.18. The Parties agree that the date (day) of provision (delivery) of Services is the date (day) of receipt of electronic copies of documents confirming the provision of services (Service Completion Act / Work Completion Act, Service Report) and/or the date specified in them.

3.19. The terms of provision of Services are individual and are set by the Contractor in the Agreement.

3.20. The Parties declare that the hardware-software complex owned by either Party and provided (used) within the framework of the Services rendered under the Agreement is owned by that Party or is in the possession of that Party on another legal basis.

3.21. The Parties undertake not to violate and not to create conditions for violating each other's and third parties' property and non-property rights when using the hardware-software complex.

3.22. The quality of Services provided under this Agreement depends on the services provided by third parties (telecommunications service providers (communication channels) and the equipment used), including on the Customer's side, therefore, when evaluating the quality of the Contractor's Services, downtimes and interruptions related to third-party services are not taken into account.

3.23. The proper and timely performance by the Contractor of its obligations to provide Services to the Customer related to the use of third-party products/services (including, but not limited to, software, subscriptions, access to services, technical support) depends on the latter's decisions regarding the specifics of distributing their products/services.

At the same time, the Contractor is not responsible for restricting/terminating the provision of the specified Services to the Customer based on the decisions of third parties (rights holders, manufacturers, vendors), and does not provide any monetary compensation to the Customer unless otherwise provided by the corresponding decision of third parties.

4. Rights and Obligations of the Parties

In addition to the obligations and rights contained in other sections of the Agreement, the Parties have the following obligations and rights:

4.1. The Contractor undertakes to:

4.1.1. Provide Services to the Customer properly, in the volume and within the deadlines specified in the Application;

4.1.2. Provide the Customer with a login and individual password for accessing the Management Console to the Customer's email address after their registration on the Contractor's Internet resource;

4.1.3. Keep track of the volume of Services used and paid for by the Customer based on the data from the Customer's Management Console;

4.1.4. Open an individual account balance for the Customer and credit it with funds received from the Customer;

4.1.5. Monitor the quality of the provided Services;

4.1.6. Maintain the confidentiality of the Customer's information obtained during registration, except in cases provided for by the current legislation of the Republic of Kazakhstan, the Agreement, and its Appendices;

4.1.7. Notify the Customer of changes in Service tariffs, terms of Service provision, and other terms of the Agreement by placing such information in the public domain on the Contractor's Internet resource (https://www.sphera.kz/). If necessary, and at the Contractor's discretion, the notification may be made by mailing;

4.1.8. Issue invoices to the Customer for the payment of Services;

4.1.9. Provide Service Completion Acts/Work Completion Acts, invoices when necessary, in the manner prescribed by the Agreement and legislation;

4.1.10. Inform the Customer's Authorized Representative via email or by placing relevant information on the Contractor's Internet resource about planned maintenance work that will make the Services unavailable, as well as about planned power outages in the manner and terms provided for in the Service Agreement for the respective Service;

4.1.11. Upon the Customer's request by submitting an Application in the Management Console or through the Ticket System, eliminate violations and deficiencies in the provision of Services in the manner and scope provided for in the Service Agreement for the respective Service;

4.1.12. Provide the Customer with information related to the provision of Services upon the Customer's request;

4.1.13. Provide, in case of loss, the access data to the Customer's Management Console in the manner prescribed by the Registration and Use Rules of the accounting system;

4.1.14. Process the Customer's personal data (individual) and ensure the confidentiality and protection of the processed personal data in accordance with the legislation of the Republic of Kazakhstan and the Agreement.

4.2. The Contractor has the right to:

4.2.1. Timely and fully receive payment for the provided Services;

4.2.2. During the term of the Agreement, with the Customer's consent, add the Customer's name and/or logo, as well as the name and/or logo of the Internet resource supported through Services, to the official list of its clients;

4.2.3. Demand additional payment from the Customer (collect from the Customer) for confirmed expenses if, due to the Customer's fault or initiative, the actual volume of Services provided exceeded the volume of Services specified in the Application and the terms of this Agreement and/or ordered through the Customer's Management Console;

4.2.4. In case of non-payment by the Customer, partial payment, send a notification to the Customer's email about the need to properly fulfill payment obligations, and without prior notice, suspend the provision of Services (disable access to Services) until payment for the entire volume of Services ordered by the Customer is received;

4.2.5. Suspend the provision of Services (restrict/disable access to Services) to the Customer in cases provided for in clause 3.12 of the Agreement;

4.2.6. Terminate the Agreement unilaterally and extrajudicially in cases provided for in section 7 of the Agreement and the legislation of the Republic of Kazakhstan;

4.2.7. Unilaterally change the terms of Service provision, Service prices (change, introduce, exclude tariffs), payment terms, the list, types, and composition of Services, and other terms of the Agreement by publishing notifications of such changes on the Contractor's website https://www.sphera.kz/, at least 30 (thirty) calendar days before the changes take effect;

4.2.8. Establish, in accordance with the legislation of the Republic of Kazakhstan, other regulatory documents, and technical requirements necessary for the provision of Services, and mandatory for the Customer to comply with;

4.2.9. Collect, process, store, and transfer the Customer's personal data in accordance with the legislation of the Republic of Kazakhstan, the Agreement, and its Appendices;

4.2.10. Impose claims on the Customer for debt recovery in the manner prescribed by the legislation of the Republic of Kazakhstan and the Agreement, including in an uncontested manner;

4.2.11. In case of the Customer's breach of payment obligations for Services, engage third parties to collect such debt;

4.2.12. Partially or fully restrict certain actions of the Customer within the use of the Service if such actions pose a threat to the normal functioning of the Contractor's infrastructure/resources and/or violate the requirements provided for by the current legislation of the Republic of Kazakhstan and this Agreement;

4.2.13. Demand compensation for losses incurred by the Contractor as a result of the Customer's violations of the Agreement terms and/or terminate the Agreement unilaterally;

4.2.14. Transfer its obligations under this Agreement to a third party with prior written notification to the Customer at least 15 (fifteen) calendar days in advance, including by placing the corresponding notification on the Contractor's Internet resource.

4.3. The Customer undertakes to:

4.3.1. Register in the Contractor's Accounting System and provide all necessary data, information, and documents requested by the Contractor, necessary for the provision of Services by the Contractor in accordance with the Registration and Use Rules of the accounting system, the Agreement, and the Service Agreements;

4.3.2. Timely accept and fully pay for the Contractor's Services in the amount and within the deadlines established by the Agreement and its appendices, as well as other charges and payments issued by the Contractor within the provision of Services;

4.3.3. Independently monitor the status and timely replenishment of their account balance in the Customer's Management Console;

4.3.4. At least once a month familiarize themselves with information related to the provision of Services, which is posted on the Contractor's Internet resource (https://www.sphera.kz/);

4.3.5. Independently monitor the timely receipt of invoices for payment, invoices, Service Completion Acts/Work Completion Acts, and other accounting documents from the Contractor;

4.3.6. Independently ensure the confidentiality of their data for accessing the Customer's Management Console to prevent dishonest and unauthorized use of such data, and be responsible for all actions taken using their data, bearing the risk of adverse consequences associated with their loss. In case of unauthorized use of data, immediately notify the Contractor;

4.3.7. Not engage in actions that lead to the disruption of the Contractor's infrastructure functioning, causing a failure in the provision of Services;

4.3.8. Comply with the technical requirements established by the Contractor when using Services;

4.3.9. Immediately notify the Contractor of any deficiencies or problems arising during the use of Services;

4.3.10. Familiarize themselves with the Service provision procedure, as well as the backup established by the Contractor, and comply with it and the Contractor's recommendations. The Customer is responsible for ensuring the backup of their data within the Service;

4.3.11. Transfer their rights and obligations under the Agreement to other persons with notification to the Contractor;

4.3.12. Prevent the use of Services for violating the requirements of Kazakhstan legislation;

4.3.13. Assist the Contractor in clarifying (investigating) the circumstances and causes of unplanned interruptions in the provision of Services, breaches of security requirements, and in case of suspected violations of the Agreement and its integral parts (agreements, applications, rules);

4.3.14. During registration in the Customer's Management Console, designate an Authorized Representative of the Customer, provide the Contractor with their contact details (last name, first name, patronymic, position, work and mobile phone numbers, email address). Within 5 (five) calendar days, notify the Contractor in writing of the replacement of such a person or changes to their contact details;

4.3.15. Not place on their resources, functioning using the Contractor's Services, information prohibited from dissemination in accordance with the legislation of the Republic of Kazakhstan, as well as the requirements of international legislation;

4.3.16. In case of discontinuing Services, notify the Contractor in writing at least 30 (thirty) calendar days in advance, settle any existing debts, and pay for Services provided up to the date of cessation of Services;

4.4. The Customer has the right to:

4.4.1. Use the Contractor's Services within the necessary volume paid for in the manner established by this Agreement;

4.4.2. Order additional Services according to tariffs and conditions provided for by the Agreement and other Contractor's documents, in the manner provided for in clause 3.7 of the Agreement;

4.4.3. Refuse previously ordered Services in the manner established by the Agreement;

4.4.4. Request a recalculation of payment amounts for downtime not caused by the Customer on the terms and procedures established by the Agreement;

4.4.5. Resume Services and restore data in the Customer's Management Console by paying the debt for the Service(s) within 7 (seven) days from the moment Services are suspended by the Contractor (access to Services is disabled) due to non-payment by the Customer, unless otherwise provided by the Service Agreement for the respective Service;

4.4.6. Terminate the Agreement in the manner provided for in section 7 of the Agreement and the legislation of the Republic of Kazakhstan.

5. Payment Procedure

5.1. The total amount of the Agreement is determined based on all Customer's Applications for receiving Services.

5.2. The cost of a Service is determined in accordance with the Service Tariffs and is individual depending on the specifics and volume of the selected Services. The quantity (volume) of Services ordered and used by the Customer, their cost is reflected in the Applications in the Customer's Management Console.

5.3. The cost of a Service may be expressed as a fixed amount (monthly payments) and/or a variable part for the actually received (used) technical resources within the Service provided during the reporting period, as well as additional Services (temporary increase of technical resources, paid technical support) based on the data from the Customer's Management Console.

5.4. Payments under the Agreement are made by the Customer in advance before receiving Services (access to Services). Services (access to Services) are provided only if the Customer's account balance is positive and there is no outstanding payment for Services, unless otherwise agreed with the Contractor.

5.5. The basis for issuing an invoice to the Customer and/or debiting funds from the account balance for Services are the data from the Contractor's Accounting System regarding the quantity (volume) of ordered or provided Services. The invoice is issued by the Customer in the Management Console.

5.6. Service tariffs are indicated in tenge.

5.7. All Tariffs and invoices issued by the Contractor include amounts of taxes, fees, and other mandatory payments calculated in accordance with the current legislation of the Republic of Kazakhstan.

5.8. All invoices issued by the Contractor to the Customer under this Agreement must be paid within 3 (three) days from the date of issuance, unless otherwise provided in the payment invoice or agreed by the Parties in the Application.

5.9. Payment for Services is made by non-cash settlement or other methods published on the Contractor's Internet resource.

5.10. The payment date is considered the date the funds are credited to the Contractor's bank account.

5.11. The Customer is independently responsible for the correctness and timeliness of their payments.

5.12. The Customer is obliged to retain the relevant documents issued to them, confirming payment made for the invoices issued by the Contractor for Services, as well as independently monitor the receipt of documents necessary for proper bookkeeping in the Management Console.

5.13. The Contractor has the right to unilaterally review Service Tariffs. The effective date of the new Tariffs is the date of their approval by the Contractor and posting on the Contractor's Internet resource (https://www.sphera.kz/). The new Tariffs for Services apply to the relationships between the Parties from the moment the Customer pays for the Contractor's Services under the new tariffs. Otherwise, the Contractor has the right to suspend the provision of Services until the Parties settle the payment terms.

5.14. The Contractor has no right to unilaterally review Tariffs and payment terms for fully paid Services, except in cases of increased costs of third-party services on which the Contractor's Service cost depends.

5.15. In case of the Customer's violation of clause 5.12 of the Agreement, Services are considered provided (supplied) in full volume and on time. At the same time, the Customer has no claims regarding the volume, quality, and deadlines of the provision (supply) of Services.

5.16. If, due to the Customer's fault or initiative, the actual volume of Services provided exceeds the volume of Services specified in the Agreement and the Application, the Customer makes payment for the additional Services within 3 (three) days based on an additional invoice.

5.17. Payments for an incomplete month are made proportionally to the number of calendar days of the month during which Services were actually provided.

5.18. The Contractor issues documents confirming the provision of Services for the total amount paid by the Customer for the issued invoice for payment.

5.19. Documents confirming the provision of Services (Service Completion Act/Work Completion Act or Service Report) are issued by the Contractor in electronic form in the Customer's Management Console. Within 10 (ten) calendar days from the date of receiving from the Contractor the documents confirming the provision of Services, the Customer agrees with them or submits a written motivated refusal indicating justified reasons. In the absence of any objections from the Customer to the documents presented in the Management Console within the specified period, Services are considered provided in the volume specified in the presented documents, and the documents themselves are signed by the Customer on the date indicated in them.

5.20. Provision of documents confirming the provision of Services on a monthly, quarterly, or other basis is carried out only provided that the Customer has paid for Services for the corresponding periods.

5.21. In the event of early termination of the Agreement or refusal from Services (before the expiration of the Service term), for which the Customer was provided with discounts and benefits, the recalculation of such Services (received with discounts and benefits) is carried out according to the tariffs established by the Contractor for Services without discounts and benefits.

5.22. The Customer undertakes, when making payments by third parties (payers) for the Services provided to the Customer, to accept the primary accounting documents issued by the Contractor, confirming the provision of Services, and in case of any claims, undertakes to independently settle them with the person who made the payment on behalf of the Customer.

5.23. The Contractor issues primary accounting documents based on the data specified in the Customer's Management Console, and in case of discrepancies in the Customer's details, the issuance of primary accounting documents is carried out based on the data of state bodies obtained through the portal egov.kz.

5.24. Upon the Customer's request to obtain primary closing documents (Service Completion Act/Work Completion Act, invoice), necessary for proper bookkeeping, the Customer must identify themselves by providing/filling in the following up-to-date data in the Customer's Management Console: last name, first name, patronymic (for individuals and individual entrepreneurs), name of the individual entrepreneur or legal entity, TIN (for individuals and individual entrepreneurs) or BIN (for legal entities), residential address for individuals and individual entrepreneurs or registration address (for legal entities). The Contractor is not responsible if the Customer provided incorrect data or is included in the list of subjects with restrictions and prohibitions that do not allow the issuance of invoices in their name.

5.25. Upon the Customer's refusal to continue using Services or termination of this Agreement, the Contractor recalculates the cost for actually provided Services within 15 (fifteen) working days, refunds the remaining amount to the Customer's personal account, and upon the Customer's request provides the Customer's Management Console with primary accounting documents confirming the provided Services.

6. Liability of the Parties

6.1. The Parties are liable for any breach (non-fulfillment or improper fulfillment) of the terms of the Agreement in accordance with the legislation of the Republic of Kazakhstan. The liability of the Parties not established in this Agreement is determined in the Service Agreements, Registration and Use Rules of the Contractor's Accounting System.

6.2. Each Party is liable to the other Party only for actual damage caused by non-fulfillment or improper fulfillment of obligations under the Agreement and confirmed by relevant documents, taking into account the limitations of liability set forth in the Agreement.

6.3. Neither Party is liable to the other Party or any third Party for any losses, including but not limited to lost profits, loss of income, causing moral and other non-property damages, regardless of whether either Party could or should have known about the possibility of such damages.

6.4. In the event of late payment, the Contractor has the right to charge the Customer a penalty of 0.1% (zero point one percent) of the payable amount for each day of delay until the date of actual payment, but not more than 10% (ten percent) of the total debt amount.

6.5. The Contractor's liability is established and determined in the Agreement, taking into account the nature and specifics of the Service.

6.6. The payment of the penalty will be made on the basis of an additional invoice within 3 (three) days from the date of its issuance, and its payment does not release the Parties from fulfilling obligations provided for in this Agreement.

6.7. Each Party is responsible for the accuracy of the information provided to the other Party for the purpose of fulfilling the Agreement, and for the timeliness of its provision. At the same time, the Contractor is not liable for the content of the information placed by the Customer using the Services provided by the Contractor.

6.8. The Customer is liable:

for timely payment of invoices for Services, including in the case of the Customer transferring Services to third parties;

for any claims from third parties arising from the use of Services by the Customer or third parties to whom the Customer has provided access;

for violating the personal and property rights (including copyright) of third parties, as well as norms of morality or public order as a result of using Services;

for the security of their account data (login and password) and for losses that may arise due to unauthorized use by third parties;

for the internet resource placed using the Service and timely updating of its content management panel;

for any legal consequences associated with the Customer's transactions carried out with third parties using the Services provided by the Contractor. The Customer compensates the Contractor for all additional expenses related to any claims that may arise as a result of lawsuits or demands from third parties who have entered into contracts with the Customer for the provision of services that are partially or fully carried out using the Services provided by the Contractor, including reimbursement of all related legal expenses, administrative costs, and other expenses for resolving such claims or lawsuits.

6.9. The Contractor is not liable and does not compensate the Customer for any losses (expenses):

for blocking (terminating delegation or imposing other restrictions) of the Customer's domain names, as well as for any losses and consequences that arise as a result of such blocking. The Customer undertakes to independently contact the authorized body to determine the reasons for the blocking, as well as to take actions to remove the blocking from the domain;

if the grounds for refusing to provide, suspending, restricting the provision of Services were the circumstances specified in clause 3.12 of this Agreement;

for losses incurred by the Customer as a result of using Services;

for interruptions in the provision of Services in case of software or hardware failures not belonging to the Contractor;

for disputes arising between the Customer and third parties as a result of third parties using the Customer's account data (login and password) to obtain the Service. The Contractor does not participate in resolving such disputes between the Customer and third parties;

for interruptions in the provision of Services related to work carried out due to the necessity to maintain the operability and development of the Contractor's technical means, provided that the Customer is previously notified about such work in the manner and terms provided for in the Service Agreement;

for interruptions in the provision of Services not dependent on the Contractor;

for any undesirable consequences for the Customer arising from the Customer's incorrect following of the instructions received from the Contractor;

for unsatisfactory quality of Services, violation of Service provision deadlines, or interruptions in the provision of Services due to the Customer's use of faulty and/or non-compliant with the Contractor's technical requirements equipment and software.

6.10. The maximum aggregate liability of the Contractor for any claims for breach or other non-fulfillment of this Agreement presented by the Customer equals the cost of the Services provided to the Customer in the month in which the event or events leading to the claim occurred.

6.11. In the event of the Customer's violation of clause 5.22 of this Agreement and the Customer's refusal to accept the primary accounting documents for the Services provided, paid for by the Customer by a third party, the Customer pays the Contractor a penalty in the amount specified in the closing documents.

6.12. During the term of this Agreement, as well as within one year after the termination of this Agreement, the Customer undertakes not to attempt to hire any of the Contractor's employees who work under the Agreement and are in employment relationships with the Contractor, as well as former employees of the Contractor. The term "Former employee" means any person who was previously employed by the Contractor up to 12 (twelve) months from the date of termination of the employment contract with that person. In case of violation of the conditions of this clause, the Customer compensates the Contractor for the costs and expenses incurred by the Contractor in hiring and training another employee, as well as lost development opportunities related to the forced replacement, in the amount of the employee's salary for 1 (one) year. "Hiring" means hiring on a full or part-time basis, directly or indirectly, including any contract between the Customer and a third party that directly or indirectly hires a former employee of the Contractor.

6.13. The Parties recognize that the cost of Services provided under this Agreement reflects the distribution of risks specified in this Agreement, and that the Contractor does not assume any obligations without considering the limitations of its liability provided for in the Agreement.

6.14. The Parties are prohibited from taking actions that limit the rights of the other Party or otherwise violate the legislation of the Republic of Kazakhstan.

6.15. The Parties are exempt from liability for complete or partial non-fulfillment of the obligations assumed, as well as for delays in their fulfillment under the Agreement, if such were due to force majeure (Acts of God), namely: natural disasters, terrorist acts, military actions, natural and industrial catastrophes, civil unrest, failures in telecommunication or energy networks, unlawful actions by third parties, consequences of malicious programs, prohibitive acts of government and local authorities, and other changes in legislation that hinder the fulfillment of obligations by the Parties, as well as other force majeure circumstances (beyond the reasonable control of the Parties), recognized as such in accordance with the legislation of the Republic of Kazakhstan. However, acts of God do not include any events caused by the negligence or intentional actions of the Customer or the Contractor.

6.16. Upon the occurrence of the circumstances specified in clause 6.15 of this section, the Party for which it became impossible to fulfill its obligations under the Agreement must notify the other Party in writing as soon as possible, attaching corresponding evidence, but no later than 14 (fourteen) calendar days from the start of their effect. Untimely notification deprives the interested Party of the right to refer to such circumstances as the basis for exemption from liability.

6.17. If the force majeure circumstances last more than 1 (one) month, and the Party to this Agreement cannot provide or use Services, the Agreement shall be considered terminated (suspended) upon expiration of 1 (one) month from the date of the occurrence of force majeure circumstances.

6.18. The allocation of the Parties' liabilities within the interaction when providing/receiving Services is determined by the specifics of the type of Service ordered by the Customer, and is determined by the respective Service Level Agreements.

7. Effectiveness of the Agreement and Termination Procedure

7.1. The Agreement comes into force from the moment the Customer performs conclusive actions and is valid indefinitely.

7.2. The Parties have the right to terminate the Agreement fully or partially with mandatory written notification to the other Party no later than 30 (thirty) calendar days before the intended date of termination of the Agreement or its separate parts. The termination notice made by a Party must include the grounds for termination.

7.3. If the Customer is provided with several Services under this Agreement, the termination of the Agreement for one Service does not entail the termination of the Agreement for the remaining Services.

7.4. The Customer's withdrawal of consent for the Contractor to process Registration data is a ground for suspending Services, and upon expiration of 10 (ten) days from the moment of suspension, is a ground for terminating this Agreement.

7.5. In the event of termination of this Agreement or unilateral refusal to perform the Agreement by one of the Parties, neither Party is released from liability or obligations towards the other Party under this Agreement, which arose or were assumed before the date of termination (cessation, refusal), unless otherwise agreed by the Parties in writing.

7.6. Upon termination of the Agreement, including early termination, it remains in effect until the Parties fully fulfill their financial and other obligations according to the termination agreement, which must be drawn up to settle mutual claims of the Parties.

7.7. The Contractor has the right to suspend access to Services in case of the Customer's violation of the terms of this Agreement and its appendices, as well as the requirements of the current legislation of the Republic of Kazakhstan. If the Customer does not remedy the violation that caused the suspension of Services, the Contractor has the right to terminate the Agreement with the Customer unilaterally and extrajudicially without any compensation for losses to the latter.

8. Notifications and Communications

8.1. Interaction between the Parties regarding the fulfillment of any obligations, including the submission of Applications, requests, and Claims, is carried out in accordance with the procedure provided for in the Registration and Use Rules of IP "Sphera".

8.2. The Contractor has the right to send the Customer informational and other messages, including advertising and corporate informational newsletters, including via SMS messages, email messages, on the Contractor's Internet resource (https://www.sphera.kz/), and other communication channels. The conclusion of this Public Agreement (offer) on the provision of services (hereinafter — the Agreement), in accordance with clause 5 of article 395 of the Civil Code of the Republic of Kazakhstan, is a public offer (offer) of the Limited Liability Partnership "Internet Company PS" (hereinafter — the Contractor) to a wide range of persons for the purpose of providing the Contractor's services and services, including hosting services and other related services, as well as providing the Contractor with access to services of third-party service providers (hereinafter — Services).

This Agreement defines the general terms for providing Services by the Contractor to persons (individuals, individual entrepreneurs, legal entities regardless of the form of ownership) who have joined the terms of this Agreement (hereinafter — the Customer).

The terms of the Agreement are set by the Contractor independently in accordance with the legislation of the Republic of Kazakhstan and are accepted by the Customer only by joining the Agreement as a whole.

The performance of conclusive actions by the Customer signifies their unconditional agreement with the terms of the Agreement and joining it as a whole.

The fact of joining and accepting (accepting) the terms of this Agreement by the Customer is considered the Contractor's performance of the following (conclusive) actions — registration in the Contractor's Accounting System, and further, when making changes and additions to the Agreement — payment for the Contractor's Services after posting the new version of the Agreement on the Contractor's Internet resource (clause 3 of article 396 of the Civil Code of the Republic of Kazakhstan).

1. Terms and Definitions

In this Agreement, the following terms and definitions shall have the following meanings:

1.1. Agreement — this agreement, defining the procedure for the Parties' interactions in the provision of Services, along with all Agreements, Appendices, Applications, and their supplements, as well as all necessary documentation referenced in this Agreement;

1.2. Service Level Agreement or SLA (hereinafter — SLA, Agreement) — an addition to this Agreement containing a description of the Services, conditions of their provision, the procedure for the Parties' interactions, Service parameters, as well as other information necessary to ensure an agreed level of quality in the provision of Services https://www.sphera.kz/agreements;

1.3. Application — an addition to this Agreement, created by the Customer independently in the Customer's Management Console, Ticket System, or on paper, reflecting the name, composition, quantity, and volume of Services, indications of the applicable Tariff, amount and procedure of payments, as well as other information as required by the Contractor for providing Services to the Customer;

1.4. Privacy Policy — an addition to this Agreement, reflecting the mutual rights and obligations of the Parties to maintain confidentiality and secure information exchange between the Parties and third parties, posted on the Contractor's Internet resource at https://www.sphera.kz/agreements/privacy;

1.5. Total Amount of the Agreement — the amount to be paid to the Contractor under this Agreement for the complete and proper fulfillment of all its obligations under this Agreement;

1.6. Authorized Representative of the Customer — a person authorized on the basis of a power of attorney, job description, or other official document of the Customer to represent their interests within the framework of this Agreement in dealings with the Contractor, and specified as a contact in the Customer's Management Console;

1.9. Customer's Management Console (hereinafter — Management Console) — a personalized web interface for the Customer in the closed part of the Accounting System, accessible at https://www.sphera.kz/my or https://console.sphera.kz/ based on Authentication Data, including an information-billing system reflecting information on the Services provided by the Contractor to the Customer, including Registration Data, and allowing interaction with the Contractor for the Services ordered by the Customer;

1.11. Hardware-Software Complex — a combination of software and technical means jointly used by either Party in the fulfillment of obligations under this Agreement to solve tasks of a certain type;

1.12. Day — a working day, unless explicitly stated otherwise;

1.13. Incident — individual or series of failures in the operation of information and communication infrastructure objects, creating a threat to their proper functioning and/or conditions for unlawful acquisition, copying, distribution, modification, destruction, or blocking of the Customer's electronic information resources;

1.14. Request — an appeal (notification) from the Customer, directed in accordance with this Agreement and its supplements for support, provision of information, consultation, or documentation, not constituting a Party's reaction to an Incident;

1.15. Claim — a demand (notification, letter, requirement, etc.) directed by one Party to the other Party in case of the occurrence of an Incident, non-fulfillment, and/or improper fulfillment of obligations under this Agreement;

1.16. Parties — jointly the Customer and the Contractor.

2. Subject of the Agreement

2.1. Under the terms of the Agreement, the Contractor undertakes to provide Services to the Customer based on Applications, and the Customer undertakes to accept the provided Services and pay for them.

2.2. The list of Services, their descriptions (characteristics) and conditions of provision (SLA), as well as their prices, are publicly available on the Contractor's Internet resource https://www.sphera.kz/ and are an integral part of this Agreement.

2.3. The list, characteristics, details of Services, and the start date of their provision are determined by the Customer's Application for the provision of Services, taking into account the Agreement for the respective Service.

3. Procedure for Providing Services

3.1. The provision of Services under this Agreement is carried out upon the existence of a registered account in the Customer's Management Console and a submitted Application therein, and begins from the moment of receipt of advance payment from the Customer for the invoice issued by the Contractor, unless otherwise provided for in the Application or payment invoice.

3.2. The Contractor provides Services through the Management Console after identifying the Customer.

3.3. The Customer's identification is carried out by registering an account in the Management Console on the Contractor's Internet resource by assigning the Customer a corresponding login, generating an individual password for accessing the Management Console, and confirming the email address specified in the Management Console.

3.4. When registering an account in the Management Console, the Customer complies with the requirements described in the Registration Rules of the Accounting System, posted at https://www.sphera.kz/agreements/registration-rules, provides accurate personal data, familiarizes themselves with the Agreement, Privacy Policy, and consents to the processing of personal data to the extent necessary for the proper provision of services under the Agreement and compliance with the current legislation of the Republic of Kazakhstan.

3.5. The Application for the provision of a Service is created by the Customer independently and agreed upon with the Contractor through the Management Console or the Ticket System. Upon agreement with the Contractor, the Customer may submit an Application on paper in the form established by the Contractor, with subsequent entry of the Application data into the Customer's Management Console or the Ticket System.

3.6. The basis for providing (granting) Services to the Customer is the presence of an amount of funds in the Customer's account balance sufficient for providing (granting) Services, unless otherwise agreed with the Contractor.

3.7. To arrange (order) Services, the Customer submits the corresponding Application and confirms joining the Agreement to them, and in the case of any change in the provided Service stipulated by the Application and Agreement, the Parties follow the following rules:

when any parameters (technical, pricing, or other) of the Service provided by the Customer are changed, an additional Application is submitted. At the same time, the previously valid Application is annulled from the moment the Service provision begins with the new parameters;

when the volumes of provided Services are changed (additional Services, expansion of composition, increase in quantity), and the Customer does not refuse the Service already provided to them, the Customer submits a new Application for Services. At the same time, the previously accepted Application remains valid simultaneously with the newly submitted Application.

3.8. The Contractor, based on the Applications agreed upon by the Parties through the Customer's Management Console, maintains an account of Services received by the Customer and issues invoices for the Services provided under this Agreement.

3.9. When fulfilling their obligations under the Agreement, both Parties undertake to strictly comply with the conditions and requirements applicable to them, including those provided for by national legislation, norms of authorized organizations for regulating and coordinating the Internet (for example, ICANN, RIPE, etc.), and the Agreement.

3.10. The Contractor accepts all Applications, requests, claims, other information, and documentation on behalf of the Customer under the Agreement only through its Authorized Representative, designated by the Customer on their part for contacts with the Contractor and resolution of all matters under the Agreement. The Customer is responsible for timely notifying the Contractor of any changes in the scope of authority and/or replacement of their Authorized Representative.

3.11. The Contractor has the right to refuse the provision of Services to the Customer if the Customer's requirements exceed the Contractor's technical capabilities.

3.12. The Contractor has the right not to provide, to suspend, or to limit the provision of Services until all circumstances have been clarified and/or the reasons for violations (limitations) have been eliminated in the following cases:

for the absence of a registered account in the Customer's Management Console and a submitted Application for the provision of the Service;

for the Customer's failure to make payments for the Contractor's Services within the deadlines established by section 5 of this Agreement, as well as in the case of the Customer's failure to fulfill any of their obligations under the Agreement;

by decision of an authorized government body regulating the corresponding relationships and possessing powers in accordance with the legislation of the Republic of Kazakhstan;

when the Customer posts content that does not comply with legal requirements;

upon breach of the Agreement by the Customer, including the Registration and Use Rules of the Contractor's Accounting System, Service Agreements;

when there are potential risks of causing property damage to the Contractor or its clients, as well as failures of the Contractor's and third parties' technical and software means as a result of the Customer's use of Services;

in case of suspicion of loss or compromise of the Customer's Authentication Data;

when the Customer refuses or evades assistance in the investigation of cases specified in clause 4.3.13 of the Agreement;

when the Customer undertakes actions aimed at restricting or preventing other users' access to Services, as well as attempts to gain unauthorized access to the Contractor's resources and other infrastructure objects accessible via the Internet;

when the Customer places software that leads to the disruption of the Contractor's provided Services' functionality;

detection of the Customer supporting or using any spam activity (carrying out any advertising actions on other resources or via email, SMS, messengers, etc., without the explicit and unambiguous consent of the owners or recipients, including mass advertising messages, etc.);

detection of the Customer using the Service to organize IP telephony for commercial purposes (reselling) or using the Service to organize Proxy servers, game servers, as well as VPN servers for the purpose of internet traffic transit;

using Services to place search spam (Spamdexing), phishing pages, redirects to prohibited sites, collecting financial and personal data;

in other cases provided for by the legislation of the Republic of Kazakhstan, norms of authorized organizations for regulating and coordinating the Internet (for example, ICANN, RIPE, etc.), the Agreement, and the Agreement for the respective service.

In cases of detecting the aforementioned instances of Service use, the Contractor reserves the right to refuse the provision of Services without refunding the remaining amount for the unused period.

3.13. Suspension of the provision of Services until the Customer fulfills the Contractor's requirements to rectify the violations does not cancel the Customer's fulfillment of all their obligations under the Agreement and the Agreement.

3.14. The time during which Services are suspended for the reasons specified in clause 3.12 of the Agreement, as well as in the Agreements for the respective Services, is not considered a break in the provision of Services and cannot be regarded as a breach of the Contractor's obligations under the Agreement or the Agreement.

3.15. Upon request, the Contractor sends a notification to the Customer indicating the reasons for the suspension or limitation of Services.

3.16. In the event of the suspension of Services due to the existence of a debt for the payment of Services, the Customer has the right to resume the provision of Services (gain access to the Service) by paying the outstanding amount for the Services no later than 7 (seven) calendar days from the moment of suspension of the Service, unless otherwise provided for in the Agreement for the respective Service. The Contractor grants the Customer access to the Service within 1 (one) working day from the receipt of funds in the Contractor's bank account.

3.17. Upon expiration of the aforementioned seven-day period, the Contractor deletes the Customer's data for the suspended Service, and resumption of Services is impossible. To obtain Services, the Customer must re-submit an Application in the Management Console, unless otherwise provided for in the Agreement for the respective Service.

3.18. The Parties agree that the date (day) of the provision (granting) of Services is the date (day) of receipt of electronic copies of documents confirming the provision of Services (Service Completion Act/Work Completion Act, Service Report) and/or the date specified therein.

3.19. The timelines for the provision of Services are individual and are set by the Contractor in the Agreement.

3.20. The Parties declare that the hardware-software complex belonging to either Party and provided (used) within the framework of the Services provided under the Agreement is the property of that Party or is held by that Party on another legal basis.

3.21. The Parties undertake not to infringe and not to create conditions for infringing the property and non-property rights of each other and third parties when using the hardware-software complex.

3.22. The quality of Services provided under this Agreement depends on the services provided by third parties (telecommunication service provider (communication channel) and the equipment used), including on the Customer's side, and therefore, when assessing the quality of the Contractor's Services, downtimes and interruptions related to third parties' services are not taken into account.

3.23. Proper and timely performance by the Contractor of its obligations to provide Services to the Customer related to the use of third-party products/services (including, but not limited to, software, subscriptions, access to services, technical support) depends on the latter's decisions regarding the specifics of distributing their products/services.

At the same time, the Contractor is not liable for the restriction/termination of the provision of the specified Services to the Customer based on third parties' (rights holders, manufacturers, vendors) decisions and does not provide the Customer with any monetary compensation unless otherwise provided by the corresponding third parties' decision.

4. Rights and Obligations of the Parties

In addition to the obligations and rights contained in other sections of the Agreement, the Parties have the following obligations and rights:

4.1. The Contractor undertakes to:

4.1.1. Provide Services to the Customer in a proper manner, in the volume and within the deadlines specified in the Application;

4.1.2. Provide the Customer with a login and individual password for access to the Management Console to the Customer's email address after registration on the Contractor's Internet resource;

4.1.3. Maintain an account of the volume of Services used and paid for by the Customer based on the data from the Customer's Management Console;

4.1.4. Open an individual balance of the Customer's account and credit funds received from the Customer to it;

4.1.5. Monitor the quality of the Services provided;

4.1.6. Maintain the confidentiality of the Customer's information received from them upon registration, except in cases provided for by the current legislation of the Republic of Kazakhstan, the Agreement, and its appendices;

4.1.7. Notify the Customer of changes in tariffs for Services, conditions of providing Services, and other terms of the Agreement by posting such information publicly on the Contractor's Internet resource (https://www.sphera.kz/). If necessary, and at the Contractor's discretion, notification may be carried out through distribution;

4.1.8. Issue invoices to the Customer for the payment of Services;

4.1.9. Provide Service Completion Acts/Work Completion Acts, invoices as necessary, in the manner prescribed by the Agreement and legislation;

4.1.10. Notify the Customer via email to the Customer's Authorized Representative or by posting corresponding information on the Contractor's Internet resource (https://www.sphera.kz/) about planned preventive maintenance work, resulting in the inability to use Services, as well as about planned power outages in the manner and deadlines provided for in the Agreement for the respective Service;

4.1.11. Upon the Customer's request by submitting an Application in the Management Console or through the Ticket System, eliminate violations and deficiencies in the provision of Services in the manner and volume provided for in the Agreement for the respective Service;

4.1.12. Provide, upon the Customer's request, information related to the provision of Services;

4.1.13. Provide, in case of loss, the access data to the Customer's Management Console in the manner provided for in the Registration and Use Rules of the Accounting System;

4.1.14. Process the Customer's personal data (individual), as well as ensure the confidentiality and protection of processed personal data in accordance with the legislation of the Republic of Kazakhstan and the Agreement.

4.2. The Contractor has the right to:

4.2.1. Timely and fully receive payment for the provided Services;

4.2.2. During the term of the Agreement, with the Customer's consent, include the Customer's name and/or logo, as well as the name and/or logo of the Internet resource supported through the Services, in the official list of its clients;

4.2.3. Require additional payment from the Customer (collect from the Customer) for confirmed expenses if, due to the Customer's fault or initiative, the actual volume of Services provided exceeded the volume of Services specified in the Application and the terms of this Agreement and/or ordered through the Customer's Management Console;

4.2.4. In the event of non-receipt of payment from the Customer, receipt of payment not in full, send a notification to the Customer's email address regarding the need for proper fulfillment of payment obligations, and without prior notice, suspend the provision of Services (disable access to Services) until payment for the entire volume of Services ordered by the Customer is received;

4.2.5. Suspend the provision of Services (limit/disable access to Services) to the Customer in cases specified in clause 3.12 of the Agreement;

4.2.6. Terminate the Agreement unilaterally and extrajudicially in cases provided for in section 7 of the Agreement and the legislation of the Republic of Kazakhstan;

4.2.7. Unilaterally change the conditions of providing Services, the prices of Services (change, introduce, exclude tariffs), payment terms, the list, types, and composition of Services, and other conditions of the Agreement by posting notifications of such changes on the Contractor's website https://www.sphera.kz/ at least 30 (thirty) calendar days before the changes take effect;

4.2.8. Establish, in accordance with the legislation of the Republic of Kazakhstan, other regulatory documents, technical requirements necessary for providing Services, and mandatory for the Customer to comply with;

4.2.9. Collect, process, store, transfer the Customer's personal data in accordance with the legislation of the Republic of Kazakhstan, the Agreement, and its appendices;

4.2.10. Make demands to the Customer for the collection of debt in the manner provided for by the legislation of the Republic of Kazakhstan and the Agreement, including in an uncontested manner;

4.2.11. In case of the Customer's violation of payment obligations for Services, involve third parties to collect such debt;

4.2.12. Fully or partially restrict certain actions of the Customer within the use of the Service if such actions pose a threat to the normal functioning of the Contractor's infrastructure/resources and/or violate the requirements provided for by the current legislation of the Republic of Kazakhstan and this Agreement;

4.2.13. Demand compensation for losses incurred by the Contractor as a result of the Customer's violations of the Agreement's terms and/or terminate the Agreement unilaterally;

4.2.14. Transfer its obligations under this Agreement to a third party with prior written notification to the Customer at least 15 (fifteen) calendar days in advance, including by posting the corresponding notification on the Contractor's website.

4.3. The Customer undertakes to:

4.3.1. Register in the Contractor's Accounting System, and provide all necessary data, information, and documents requested by the Contractor, necessary for the provision of Services by the Contractor in accordance with the Registration and Use Rules of the Accounting System, the Agreement, and the Service Agreements;