“IZI” MOBILE COMMUNICATION SERVICE PUBLIC AGREEMENT
1.1. In accordance with this Public Agreement (hereinafter - the Agreement) mobile communication services are provided by “izi” Operator.
1.2. “Izi” trademark is duly registered and protected in accordance with the current legislation of the Republic of Kazakhstan.
2.1. Under this Agreement, the Operator shall provide Services to the Subscriber, and the Subscriber shall pay for the Services provided by the Operator in accordance with this Agreement. The relationship between the Operator and the Subscriber shall be via Automatic Service System. To manage the Services selected by the Subscriber in the Automatic Service System, the Operator shall provide “izi” Application for the Subscriber’s use. To start using “izi” Application, the Subscriber shall read “izi” Application User Guide on the Operator's Website, as well as a link in App Store and Google Play when downloading.
2.2. The Subscriber shall download “izi” Application in App Store or Google Play and install “izi” Application for “izi” Application use. The Subscriber shall install the "Izi" Application independently.
2.3. The Operator shall provide the Subscriber with a Subscriber number and a SIM-card.
2.4. The Operator shall provides the Subscriber with the following basic Services:
- voice Services, including emergency calls;
- short-text messaging Services.
2.5. The Operator shall define the list of Additional and other Services, depending on the technical capability of mobile communication network, provided via the Automatic Service System used by the Subscriber.
2.6. The Operator shall independently determine the Information about the Operator’s services under this Agreement and post it on the Operator’s Website, in “izi” Application and/or communicated in short-text messages or by chatting with the Operator’s call center and (or) in advertising materials about the Operator’s Services, and (or) is provided in the Automatic Service System.
2.7. The Subscriber agrees that the Services can be valid for a certain limited period and, by paying for such Services, the Subscriber also agrees with the Operator’s rules which shall be applied until the end of their use/validity period, and also with the Operator’s rules for calculation of validity periods for such Services. Whereby in the absence of other special rules for the calculation or expiration of the validity periods specified by the Operator, any such periods shall be calculated according to the Nur-Sultan city, the Republic of Kazakhstan time, and the validity period defined in days, weeks or months shall include the day of payment/subscription to the Services, which is considered as the first day regardless of the time available until the end of the relevant day.
2.8. This Agreement is public, the terms of this Agreement were drawn up in accordance with the legislation of the Republic of Kazakhstan and the License and are set by the Operator independently. The Subscriber may agree with the terms of this Agreement only by agreeing with them as a whole, by accepting the Registration Form in “izi” Application, or by other means specified by the Operator and not prohibited by the legislation of the Republic of Kazakhstan.
2.9. The Subscriber rights and obligations under this Agreement may be transferred to other persons only in accordance with the procedure established by the legislation of the Republic of Kazakhstan and this Agreement. The Operator shall be authorized to involve representatives, partners and (or) third parties for performance of its activity in accordance with the legislation of the Republic of Kazakhstan.
2.10. When the Subscriber joins the Agreement, uses the “izi” Application, the Operator collects, processes the Subscriber’s personal data and also performs other actions foreseen by Terms of installation and data processing when registering in the izi application specified in the Policy regarding the collection, processing and protection of the Subscribers’ personal data posted on the Operator’s Website, at “izi” application and the “izi” Subscriber gives its consent to such collection, processing of the Subscriber’s personal data.
2.11. By joining this Agreement the Subscriber expresses his consent and does not object that the Operator has the right to involve third parties, including partners and/or representatives to collect, process personal data, as well as to perform other actions foreseen by the Policy on personal data of the “izi” Subscribers’, by Terms of personal data collection and processing upon registration in “izi” mobile application.
2.12. The withdrawal of Subscriber’s consent to the collection and processing of personal data shall be upon the Subscriber’s Application be means of «izi” application. Services provision depends on the availability of Subscriber’s personal data at the Operator, and if the consent was withdrawn, the Services provision shall be terminated.
2.13. The quality indicators of mobile communication Services provided by the Operator in the Operator's service area correspond to the standards in the Republic of Kazakhstan, and to technical standards and quality indicators of communication services approved by the legislation of the Republic of Kazakhstan.
2.14. The quality indicators of Internet access services (data transmission speed in data transmission network, loss of information packets, time delays in transmitting information packets, accuracy of information transmission) correspond to the recommendations of ITU, of which the Republic of Kazakhstan is a member.
2.15. The quality of the Services, due to natural conditions of radio waves distribution, may deteriorate, be interrupted, be accompanied by interference or be absent due to adverse meteorological conditions, topographic obstacles (near ground and underground residential and non-residential buildings, buildings, structures, as well as inside their topography and buildings) near energy sources, tunnels, basements, due to technogenic reasons, due to the influence of a special technological equipment for blocking a radio signal and other reasons which are not related to the Operator’s activity. Due to the mentioned above reasons, the deterioration or absence of the Services are not facts of improper fulfillment of the Operator’s obligations.
2.16. Due to the design features of the mobile communication network the Services, provided to the Subscriber, depend on the quality of the equipment of other mobile communication Operators and users, including of the Subscribers, who are beyond the Operator’s competence.
2.17. In accordance with the legislation of the Republic of Kazakhstan, the Operator shall be prohibited to provide the mobile communication Services with a Subscriber mobile device, details of which are not included in the Subscriber mobile device identification code database or do not correspond to the data entered in the Subscriber mobile device identification code database.
2.18 Balance or data reservation in the range beginning from 15MB to 150MB per certain visited site is used for Subscribers with online billing tariffication. Reservation is used in order to ensure non-stop provision of mobile Internet services within Subscriber’s existing data volume and/or balance. For cases when Subscriber simultaneously visits several sites, a reservation will be made separately for each site. The volume of reserved data traffic depends on the Subscriber’s speed and volume of data traffic consumption at a particular time.
RIGHTS AND OBLIGATIONS OF THE OPERATOR
2.19. The Operator undertakes to:
2.19.1. Provide the Subscriber with Subscriber number for use, connect the Subscriber's mobile device to the Operator's network, render the Services selected by the Subscriber in accordance with the conditions of this Agreement via the Automatic Service System for the period of this Agreement validity;
2.19.2. Provide the Subscriber with information about the Services rendered, about the status of the personal account, reporting information about the status of the personal account in the current accounting period, including the time of using the Services, their duration and cost, all connections with other communication users free of cost via the Automatic Service System around the clock.
2.19.3. Perform other duties stipulated by the legislation of the Republic of Kazakhstan.
2.20. The Operator is entitled to:
2.20.1. Amend or change the terms and conditions of this Agreement by posting the relevant information on the Operator’s Website, in “izi” Application or by sending short-text messages to the Subscriber. Changes or additions in the terms of this Agreement shall be considered to be accepted and agreed by the Subscriber, if within thirty (30) calendar days from the da te of publication or notification of the Subscriber by the Operator of any changes or additions in this Agreement, the Subscriber does not initiate the procedure for terminating this Agreement via “izi” Application.
2.20.2. Amend or change the terms and conditions of Service provision or other Services of the Operator or abolish them on a unilateral basis. Whereby the Operator notifies the Subscriber in advance of thirty (30) calendar days by sending short-text messages, and (or) in another publicly available way (including by posting information on the Operator’s Site, in “izi” Application and (or) partners, and (or) Operator’s representatives).
2.20.3. Suspend the provision of the Services in whole or in part in case of violation by the Subscriber of the conditions of this Agreement, including in case of violation by the Subscriber of Clause 4.3. of this Agreement, until the complete elimination of violations. In case of non- elimination of violations, the Operator terminates access to the communication network in accordance with the legislation of the Republic of Kazakhstan.
2.20.4. Record incoming calls received by the Operator’s call center in accordance with the legislation of the Republic of Kazakhstan. In cases of repeated appeals by the Subscriber on the issues not related to the Operator’s activity, or in cases of disrespectful treatment to the Operator’s employee, the Operator is entitled to restrict an access to call center Service.
2.20.5. Withdraw money from the personal account of the Subscriber towards the Operator’s income, if the Subscriber did not declare its demands to return the balance of money from his/her personal account via the Automatic Service System within three (3) years after termination of this Agreement on the grounds prescribed in Article 9 of this Agreement and (or) in the legislation of the Republic of Kazakhstan.
2.20.6. Provide drawings, promotions and other marketing campaigns, providing the Subscriber with bonuses, discounts and other privileges. Bonuses and discounts are used by the Subscriber solely to receive the Services in accordance with the conditions declared by the Operator as part of the campaigns held and are not refundable to the Subscriber in monetary or other terms, except the cases explicitly provided by the Operator in the conditions of holding the campaigns.
2.20.7. Refuse from transfer the Subscriber number if the Subscriber has a debt to the Operator.
2.20.8. Request data about the Subscriber: last name, first name and patronymic name, number and date of issue of the identification document, IIN, Subscriber mobile device Identification Code used for the Subscriber number, place of residence, as well as a photo of the Subscriber through scanning procedure and/or manual entry of identification documents data during the registration in “izi” Application.
2.20.9. Refuse from performance of this Agreement on a unilateral basis if the Subscriber fails to comply with the requirements for mandatory re-registration of the Subscriber number in the name of new owner when it is transferred to another person without retaining the rights, obligations and responsibilities under this Agreement.
2.20.10. Refuse from performance of this Agreement on a unilateral basis if the Subscriber withdraws its consent to the collection and processing of the Subscriber’s personal data.
2.20.11. Exercise other rights that do not contradict the legislation of the Republic of Kazakhstan.
3.1. The Subscriber undertakes to:
3.1.1. Use the Subscriber mobile device running the operating system iOS 10 and higher, or Android 4.4. and of higher quality, having a certificate of conformity that meets the standards valid in the Republic of Kazakhstan, in accordance with operating instructions and taking into account special instructions and rules valid in a certain territory (airport, airplane, etc.), as well as restrictions in cases of possible interference or hazardous situation (medical facilities, service stations, fuel storage and refueling sites, blasting sites, etc.);
3.1.2. Register the Subscriber device at the mobile communication Operator in accordance with registration rules of the Subscriber mobile devices. Registration is subject to the Subscriber mobile devices, defined in accordance with the registration rules of the Subscriber mobile devices. Whereby provide the Operator with information of:
- Identification code of the Subscriber mobile device;
- Subscriber number used for the Subscriber mobile device.
For registration of the Subscriber mobile device used by protected persons, information of the Identification code of the Subscriber mobile device is only provided.
In case of refusal to use the registered Subscriber device, remove it of registration at the Operator in the established order.
3.1.3. Read the conditions and tariffs for the Services provision placed on the Operator’s Website, in “izi” Application.
3.1.4. Read the instructions placed on the Operator’s Website;
3.1.5. Follow the instructions given in “izi” Application when using “izi” Application;
3.1.6. Register via “izi” Application;
3.1.7. Comply with the conditions of the Agreement;
3.1.8. Pay for the Services in accordance with the conditions and tariffs established by the Operator under this Agreement;
3.1.9. Provide the Operator with reliable data related to the Subscriber’s information, including those indicated in the Registration Form, and use valid identity documents of the Subscriber during registration in “izi” Application. In case of changes in documents, go through re-registration in “izi” Application;
3.1.10. Block the SIM-card in case of loss (theft), damage (destruction) of the Subscriber device or SIM-card, the Subscriber
- addresses the Operator via the Automatic Service System; or
- blocks independently the Subscriber number via "izi" Application, the Operator’s Website.
3.1.11. Re-register the Subscriber number in the name of new owner when transferring the Subscriber number to a third party. The use of the Subscriber number by other persons when violating the procedure established by this Clause does not relieve the Subscriber from responsibility for fulfilling the conditions of this Agreement;
3.1.12. Control personally the access and use by third parties, including minors, of the Subscriber device, the SIM-card, and other devices related to the Services;
3.1.13. Keep in secret the Subscriber mobile device Identification Code, other codes, keys and passwords giving access to the Services of the Operator and partners, including the Automatic Service System and “izi” Application;
3.1.14. Bear other duties stipulated by the legislation of the Republic of Kazakhstan.
3.2. The Subscriber is entitled to:
3.2.1. Use the Operator’s mobile communication network to conduct radio telephone conversations and transmit information in the ways permitted by applicable standards, technical regulations in accordance with the provisions of the legislation of the Republic of Kazakhstan and the conditions of this Agreement.
3.2.2. Receive from the Operator information about the content, particularities and limitations when providing the Services, about payment for the Services, working hours of the Operator's Services and other information in the amount and manner prescribed by the legislation of the Republic of Kazakhstan;
3.2.3. Use the Operator’s Services in accordance with the conditions of this Agreement and the Instructions for Use of "izi" Application;
3.2.4. Choose the Services using the capabilities of “izi” Application Tariff Constructor, as well as the type of Subscriber number.
3.2.5. Select a way of receiving the SIM-card.
3.2.6. Exercise other rights stipulated by the legislation of the Republic of Kazakhstan.
3.3. The Subscriber shall not have the right to:
3.3.1. Prevent other Subscribers from using the Operator’s Services;
3.3.2. Provide other Subscribers and third parties without their consent (Spam) with spamming of advertising, informational and other materials using the Operator’s network;
3.3.3. Conduct unauthorized and unendorsed penetration into any programs, databases and other constituent software elements of the Operator’s network, as well as perform any other actions that may lead to disruption of the Operator’s network;
3.3.4. Use a call diversion of incoming and/or outgoing calls with a tone dialing signal through any switching devices;
3.3.5. Transmit any information or software that contains viruses or other harmful components via the Operator’s network;
3.3.6. Transfer, reproduce or distribute in any way the software obtained by means of additional service, or other materials that are subject to intellectual property rights, without a permission of the owner or the legal rightholder;
3.3.7. Make radiotelephone calls, internet sessions, send short-text messages without a purpose of using the Operator’s Services;
3.3.8. Use the Subscriber number for conducting lotteries, voting, contests, quizzes, advertising, polls, spamming, providing communication Services to third parties without a special permission of the Operator;
3.3.9. Organize traffic transit from/to the Operator’s network, including by installing gateways, for an access to mobile and(or) fixed-line networks, IP telephony, etc. without prior approval of the Operator and compliance with the requirements of the legislation of the Republic of Kazakhstan, including download, install and/or otherwise use software that allows switching of external IP or SIP traffic for the telephone numbers of the Operator’s network or other networks, or switch incoming telephone connections to external IP/SIP server on the Internet;
3.3.10. To conduct other actions that may lead to disruption of the network and (or) cause damage to the Operator;
3.3.11. When using the izi Application, the Subscriber is not allowed to:
18.104.22.168. use the izi Application or access it in any way that cause harms, overburdens or impairs the operation of the izi Application in whole or in part;
22.214.171.124. modify, correct, adapt, translate, improve or otherwise prepare derivative works or improvements of the izi Application;
126.96.36.199. grant access to the Izi Application to any third party (other than authorized users) or otherwise allow a third party (other than authorized users) to use or benefit from the izi Application;
188.8.131.52. copy, modify, convert, disassemble, decompile, decode or adapt the izi Application or otherwise attempt to discover any source code or underlying technical information;
184.108.40.206. evade or break any security device or protection used or contained in the izi Application;
220.127.116.11. disclose to third parties the results of benchmarking assessment, comparative study .or analysis of the izi Application;
18.104.22.168. use, export or re-export (directly or indirectly) IZI application or part of it:
(a) in violation of any applicable laws; or
(b) to any country for which the United States or any other government or any agency thereof, at the time of export, requires an export license or other government authorization without first obtaining such license or authorization;
22.214.171.124. access, store or transmit any viruses, spam, malware, mass mailing or duplicate messages or any materials during the use of the izi Application that are illegal or harmful;
126.96.36.199. use the izi Application:
(a) to attempt to gain unauthorized access to, or disrupt, the operation of any service, device, data, account or network;
(b) to publish, transmit, upload, link to, send or store any information being illegal, offensive, obscene or discriminatory;
(c) to store or transmit information infringing any person's intellectual property rights; or
(d) to sell, resell, license, sublicense, distribute, disclose, transfer, lease or rent the licensed software, or include the licensed software in the services of service bureaus or outsourcing offers, equipment management or third-party training.
4.1 Tariff rates for the Services are established by the Operator independently in compliance with the requirements of the Republic of Kazakhstan legislation and this Agreement;
4.2 The Subscriber, through the Tariff Plan Constructor, independently determines the number and volume of Services choosing from those offered to the Subscriber through the “izi” Application. The Terms of Service, as well as Tariffs, are available in the»izi” Application and on the Website of the Operator. At the same time, the default tariff plan includes the Internet access Service;
4.3 The duration of radio telephone connection is recorded in accordance with the Tariff Units established by the Republic of Kazakhstan legislation;
4.4 When calculating the cost of connection, if the product of the tariff for the duration of the connection expressed in the Tariff Units contains thousandths or smaller fractions of a tenge, the number is rounded up to the next hundredth of a tenge;
4.5 The Services are paid for through an advance settlement procedure;
4.6 The payment date (crediting of funds to the Personal Account of the Subscriber) is considered to be the date of the receipt of money to the account of the Operator;
4.7 After signing this Agreement, the Subscriber makes an advance payment in the amount calculated according to the Services selected by the Subscriber;
4.8 Subsequent advance payments are made by the Subscriber in the amount of the Services intended to be used.
5.1 By connecting the Roaming Service, the Subscriber expresses his/her consent to the conditions for connecting the Roaming Service, as well as the payment for the Roaming Service in accordance with the tariff rates established by the Operator. All information about the Roaming Service is available in the»izi” Application, at the Website of the Operator, the representative of the Operator, and (or) third parties, and (or) is communicated by sending Short Text Messages, and (or) in the promotional materials about the Operator Services, and / or is provided by the Operator's information service.
5.2 The operator has the right to set an extra threshold amount of money to activate the Roaming Service. The Operator has the right to suspend the provision of the Services to a Subscriber Number without the Subscriber’s consent in case of real-time notification from a roaming partner of the Operator about the cost of the Services rendered exceeding the threshold amount.
5.3 The Operator has the right to determine the conditions for connecting the Roaming Service through the Automatic Service System for all the Subscribers whose Subscription Number Activation Date is less than 180 days away.
5.4 The cost of the Roaming Service is calculated as information is received from roaming partners regarding the use of the Roaming Service. Incoming and outgoing communication , sending a Short Text Message, accessing the Internet and other services, including forwarding messages, are subject to payment, in accordance with the conditions and tariffs for the provision of such Services.
5.5 The Subscriber’s consent to the use of the Roaming Service is withdrawn through the Subscriber’s Application in the Automatic Service System.
6.1 When rendering the Services hereunder, the Operator applies the policy of the fair use of the Services specified in Appendix 1.
6.2 The operator, upon detection of violations of the abovementioned Fair Use Policy, has the right, at its discretion:
6.2.1 Without prior notification of the Subscriber, to suspend the Services for which the Fair Use Policy is violated, or, in the event of the impossibility of suspending individual Services, suspend all the Services; and (or)
6.2.2 Regarding services providing unlimited data transfer, without prior notification of the Subscriber, to limit the maximum data transmission capacity for the Subscriber until the Subscriber corrects the violations of the Fair Use Policy and notifies the Operator of such correction.
6.2.3 Upon detection of Subscribers’ malicious actions aimed at causing loss to the Operator without the goal of receiving the Services in good faith in accordance with this Agreement and the Fair Use Policy, the Operator shall have the right to demand full compensation of such loss from the Subscribers.
7.1 Liability of the Operator.
7.1.1 The Operator is liable to the Subscriber for the non-performance or improper performance of the contractual obligations, and the Operator and the Subscriber hereby agree that the liability is limited to the amount of direct damage (actual damage) caused to the Subscriber, and the Operator is not responsible for any loss of profit by the Subscriber and (or) third parties;
7.1.2 The operator is released from liability if it proves that the failure to perform or improper performance of the obligations hereunder was due to:
- force majeure circumstances (fire, natural disasters, military actions, strikes, riots, terrorist acts, weather phenomena, magnetic storms, etc.);
- issuance of a state body act that entailed the impossibility for the Operator to fulfill its obligations under the Agreement;
- violation by the Subscriber of the obligations established by the Republic of Kazakhstan legislation and this Agreement;
- unauthorized use of the Services by third parties;
- other actions (inaction) of third parties;
- accidents / failures of communication networks, destruction of buildings, structures and technical devices, networks, telecommunication equipment, as well as other circumstances beyond the reasonable control of the Operator.
7.2 The Operator is not liable for the following:
7.2.1 the quality of services provided by other operators, as well as when combining Operator Services with services provided by other operators;
7.2.2 the quality and content of services provided by third parties using the network and (or) Operator Services;
7.2.3 observance by the Subscriber, communication users and other persons of the current legislation of the Republic of Kazakhstan, including the protection of copyright and related rights;
7.2.4 the content and form of advertising, informational and other materials and (or) other information sent by third parties, using the Services, to the Subscriber who has agreed to receive these materials and / or information or provided an opportunity for third parties to receive information about their Subscriber Number;
7.2.5 the actions of the bodies carrying out law enforcement intelligence operations on the Operator’s communication networks, and the disclosure by these authorities of information about the Subscriber and the Services rendered to third parties, and for the demands of law enforcement agencies to stop and / or limit the provision of the Services to the Subscriber;
7.2.6 the unavailability of individual sites or resources of the World Wide Web, administered by third parties;
7.2.7 loss incurred by the Subscriber and (or) by third parties in connection with the loss of the Identification Code of a Subscriber Mobile Device, other codes, keys and passwords giving access to the Operator and Partners Services, including the Automatic Service System, as well as Personal Accounts topping-up errors and the use of the Automatic Maintenance System;
7.2.8 If it is impossible to provide Services to the Subscriber, if the “izi” Application is incompatible with the Subscriber Device.
7.2.9 In other cases stipulated by the legislation of the Republic of Kazakhstan.
7.3 Liability of the Subscriber:
7.3.1 The Subscriber is liable to the Operator in the event of non-performance or improper performance of the obligations provided for in this Agreement, including violations of the prohibitions established by clause 4.3. of this Agreement, and shall fully reimburse the Operator for loss.
7.3.2 The Subscriber is liable for the risks associated with the disposal of the Subscriber Number and (or) Subscriber Device from his possession and for transferring the Subscriber Number and / or Subscriber Device to third parties.
8.1 This Agreement shall enter into force on the date of the Subscriber’s accession to this Agreement in accordance with clause 2.8 and is valid until its termination on the grounds provided for by the legislation of the Republic of Kazakhstan and this Agreement. In this case, the consent to the collection and processing of Personal data of the Subscriber is valid for the period necessary for the purposes of their collection and Processing, unless otherwise provided by the legislation of the Republic of Kazakhstan.
8.2 The Subscriber has the right to cancel the Agreement at any time unilaterally, by terminating the Agreement in the “izi” Application or through the procedure of Transferring the subscriber number in accordance with the legislation of the Republic of Kazakhstan .The Services are actually terminated by the Operator from the date of initiation of the procedure of a Subscriber Number termination / transfer. In this case, the termination of this Agreement is not allowed if there is a debt of the Subscriber.
8.3 In case of receiving a request from the Centralized Subscriber Number Database (CSNDB) for a Subscriber Number for which there is a debt, the Operator has the right to notify CSNDB in any form about the Refusal to transfer the subscriber number due to the debt of the Subscriber.
8.4 In cases stipulated by the Republic of Kazakhstan legislation, as well as if the Subscriber violates the terms of this Agreement, the Operator has the right to terminate this Agreement unilaterally (unilateral refusal).
8.5 Upon termination of this Agreement, the Subscriber Number is withdrawn, unless the Agreement terminates due to the transfer of the subscriber number to the network of another operator. The Mobile Subscriber Device owned by the Subscriber is not redeemed by the Operator, the cost of the SIM card is not reimbursed to the Subscriber. The withdrawn Subscriber number can be transferred in the future to another subscriber.
8.6 Accrued bonuses and discounts received by the Subscriber as part of the Services rendered, upon termination of this Agreement, are not returned to the Subscriber, paid or otherwise compensated, except as expressly provided by the Operator in the terms of a promotion.
8.7 In the event of the Agreement termination, the money remaining in the personal account is returned to the Subscriber within 30 (thirty) calendar days from the date of filling out the application in the»izi” Application. The money is returned in non-cash form, by transferring money to a bank card or bank account, the details of which to be indicated by the Subscriber in the application.
8.8 The Operator is entitled to unilaterally refuse to perform the Agreement without prior notification of the Subscriber, if:
- The Subscriber does not use the Operator Services (incoming and outgoing communication, sending / receiving short text messages, data transfer / reception) for 12 months;
- When a Subscriber forms a debt to the Operator (for example, due to the use of the roaming service), which has not been paid within 6 months from the date of its occurrence.
9.1 In all aspects that are not regulated by the terms of this Agreement, the Parties are guided by the legislation of the Republic of Kazakhstan.
9.2 All disputes and disagreements regarding this Agreement shall be resolved by the Parties in accordance with the legislation of the Republic of Kazakhstan.
9.3 This Agreement is drawn up in the state, Russian and English languages that have the same legal force.
9.4 This Agreement applies to all Subscribers from the date of posting this Agreement on the Operator's Website and in the “izi” Application.
9.5 Within 30 (thirty) calendar days from the moment of sending mass mailings of Short text messages or posting of this Agreement on the Operator’s Website and in the “izi” Application, the Subscriber has the right to initiate the procedure of the Agreement termination in the “izi” Application. Non-receipt by the Operator of the initiated Agreement for termination within the specified period, as well as the use of the Operator Services by the Subscriber, means that the Subscriber unconditionally accepts the terms of this Agreement.
10.1 The following basic terms are used in this Agreement:
Automatic Service System - a comprehensive subscriber service system through the»izi” Application or the Operator's Website after their identification using identification data defined by the Operator ( subscriber number, password, code word and / or other data ), functioning both in the automatic request processing mode (by sending Short Text Messages or USSD-requests or through a personal account, or by other technical solutions provided by the Operator), providing the Subscriber with an opportunity to independently connect or disconnect Services and technologically related ones, as well as the formation of a tariff plan, and in the mode of information and reference services through the chat or talking with an employee of the Operator's information service;
Identification Code of a Subscriber Mobile Communication Device - a code assigned by the manufacturer to a subscriber mobile communication device that is transmitted to the network of the Operator when it is connected to this device;
Individual Identification Number (IIN) - a unique number generated for an individual, including an individual entrepreneur who is involved in activities in the form of personal entrepreneurship;
Instructions for the “izi” Application use (Instructions) - instructions describing the conditions and procedure for using the “izi” Application.
International Telecommunication Union (ITU) - a specialized agency of the United Nations in the field of information and communication technologies;
Internet Access Service - a service for receiving and transmitting data using the Internet, relating to additional mobile services;
izi Mobile Application (“izi” Application) - software designed to work on subscriber devices that allows the Subscriber to order a SIM card, join this Agreement, register and activate the SIM card, manage Services, Roaming, top up the balance and perform other actions available within the functionality of the “izi” Application using the Subscriber Number of the Subscriber Mobile Communication Device in accordance with the “izi” Application conditions of use;
License - the state license of the Republic of Kazakhstan "To engage in business activities to provide mobile services of the GSM standard at the territory of the Republic of Kazakhstan МТК №ДС.0000317, issued by the Ministry of Transport and Communications of the Republic of Kazakhstan on August 24, 1998;
Limit - the volume of basic mobile services provided;
Operator - KaR-Tel Limited Liability Partnership, registered in accordance with the current legislation of the Republic of Kazakhstan and operating under the License, located at the following address: Republic of Kazakhstan, 010010, Almaty district, Nur-Sultan, Gadyrgali Zhalayiry St., 2, tel. +7 727 3500606, fax +7 727 3500605, BIN 980540000397, Bank - ForteBank JSC, Bank BIC - IRTYKZKA, IIC KZ239650200007576641;
Operator Notification - written, voice or text (using the means of the Operator and / or the media) message from the Operator sent to the Subscriber regarding the provision of services;
Operator Website - the information resource of the Operator on the Internet at: www.izi.me ;
Partners - persons recruited by the Operator for the purpose of quality provision or promotion of any services on the basis of agreements concluded with the Operator, including for servicing the Operator’s work processes;
Payment Card (Card) - an electronic payment instrument that contains information that allows its holder to make payments and / or money transfers through electronic terminals or other communication channels, either to receive cash, or make currency exchange and other operations specified by the issuer of the payment card and on its terms, which the Subscriber uses when topping up the Personal Account;
Registration form - a form by means of which the Subscriber joins this Agreement, containing information about the Subscriber, the Subscriber number and other information, at the time of accession;
Representative (agent, dealer, distributor, as well as their subagents and representatives) of the Operator - a legal or natural person authorized under a power of attorney or a relevant agreement with the Operator to:
- distribute Subscriber numbers and SIM-cards; and (or)
- conclude agreements for the provision of mobile services on behalf of the Operator; and (or)
- provide services to subscribers to receive payments, replace SIM-cards, etc.).
Roaming - the provision by the Operator of mobile communication services to the Subscriber in the network of a mobile communication operator in another country, on the basis of a roaming agreement between the Operator and other mobile communication operators. For roaming, the Subscriber Device has to be technically compatible with the operator’s network in another country;
Services are essential and additional cellular communication services, other services provided by the Operator to the Subscriber independently or with the involvement of Partners;
Short text message - an informational message consisting of letters and / or numbers and / or symbols, typed in a certain sequence and in the amount allowed by the technical capabilities of the Operator network and the Subscriber Device;
Subscriber - an individual with whom this Agreement has been concluded;
Subscriber Application - the subscriber ’s appeal to the Operator through the Automatic Service System or the Operator’s information service or by other means provided for in this Agreement and / or the currently in force laws of the Republic of Kazakhstan;
Subscriber Identity Card (SIM-card) - an individual access card, which is a microprocessor module, which is part of the Subscriber Device, which identifies the Subscriber and provides the Subscriber with access to the services of the Operator;
Subscriber Mobile Communication Device - an individual-use communication device that generates electrical communication signals for transmitting or receiving information specified by the Subscriber and connected to the Operator’s network, which does not have a permanent geographically determined location within the service area, operating in mobile communication networks;
Subscriber Number - a telephone number allocated to the Subscriber at the conclusion of this Agreement and identifying the Subscriber's mobile communication device connected to the Operator's network when other subscriber devices are connected to it;
Subscriber Number Transfer - a service for the preservation and use of a subscriber number in mobile networks provided to a subscriber when he/she concludes a new agreement for the provision of mobile services with another mobile operator;
Subscriber Personal Account (Personal Account) - a register of analytical accounting in the billing system of the Operator, designed to record the volume of services rendered, the receipt and expenditure of money deposited in accordance with the concluded Subscriber Agreement to pay for the services;
Subscriber personal data processing - actions aimed at accumulation, storage, modification, addition, use, distribution, depersonalization, blocking and destruction of the personal data of an individual Subscriber;
Subscriber's Personal Data - information relating to an individual recorded on an electronic, paper and (or) other tangible medium. The list of such information is approved by the Operator and posted at the Website;
Subscription Fee - the obligatory amount of Subscriber payment depending on the selected Services.
Tariff Plan Constructor - the Service Constructor, which allows the Subscriber to independently determine the number and volume of the Services from the Services provided to the Subscriber through the “izi” Application;
Standard form Agreement (Agreement) - an agreement concluded between the Subscriber and the Operator, the subject of which is the provision of communication services by the Operator to the Subscriber;
Spam is transfer of information to the Subscriber (user) without the consent of the Subscriber (user) and not directly related to the Services, with the exception of messaging provided for by the legislation of the Republic of Kazakhstan;
This Agreement also uses other notions and definitions provided for by the legislation of the Republic of Kazakhstan on the provision of mobile communication services.
Kar-Tel LLP, legal address: Republic of Kazakhstan, 010010, Nur-Sultan, Almaty district, 2, Kadyrgali Zhalayiri str., tel. +7 727 3500606, fax +7 727 3500605, BIN 980540000397, Bank name - ForteBank JSC, BIC Bank - IRTYKZKA, KZ239650200007576641.
Appendix №1 to the Standard Form Agreement
FAIR USE POLICY
2 Voice communication services intended for “live” dialogue between individuals and, unless otherwise specifically agreed in writing between the Operator and the Subscriber, are provided solely for personal use. At the same time, Subscribers and users can use automatic service systems that do not involve “live communication” between individuals for the time necessary for the fair use of such systems.
3 Continuous and (or) excessive use of voice communication services, as well as misuse of communication services by excessive use of conference services, call hold and (or) call forwarding, may adversely affect the Operator’s mobile network and / or the network and (or) equipment of Partners, as well as to limit the ability of other Subscribers to receive services of sufficient quality, and, therefore, such actions violate this Agreement.
6 Data transmission services, unless otherwise agreed between the Operator and the Subscriber in a written agreement, within the framework of communication services are provided for personal use. At the same time, within the framework of the provided services, unlimited data transmission services may be offered. Those services could imply data transfer speed decrease and (or) limitation on certain types of use (for example, downloading/distribution files within P2P (torrent) networks and applications, use of VoIP / SIP services, video watching, etc.) on an ongoing basis or on a temporary basis.
Reducing the speed allows to evenly distribute Operator's network load, which is required due to existence of limitations of each base station bandwidth. At the same time, the Operator tries to provide sufficient speed for comfortable use of social networks, instant messengers, email checking and video watching in acceptable quality.
Unfair use of Internet access services is the use of a service in an amount exceeding monthly average rate of use of services by 90% of Subscribers.
As part of such offers, the Operator, at its discretion, are able to additionally provide functionality to restore speed or remove restrictions for a fee. As a rule, such restrictions are sufficient to ensure uninterrupted operation of services for all Subscribers and users. In this case, the following cases are considered as a violation of the fair use policy:
Appendix №2 to the Standard Form Agreement
RULES using the Operator's Information System and providing the izi Mobile Financial Service
(hereinafter referred to as the "Rules")
These Rules govern the relationship of the Operator and the Subscriber arising in the implementation by the Operator on behalf of the Banks and the purchase by the Subscriber of Electronic money in order to make payments by the Subscriber under civil law transactions and conducting other operations, and determine the order of the Subscriber Information System of the Operator through which the Subscriber sends Instructions to Electronic wallet and carrying out operations with Electronic Money.
1) "Authorization" - the process of verifying (confirming) the Subscriber's rights to conduct transactions in the "izi Mobile Financial Services" Personal Account when the Subscriber tries to log in to the "izi Mobile Financial Services" Personal Account by entering a Username and Password;
2) "Bank or Issuer" – second-tier banks that issue and repay Electronic Money in the Electronic Money System in accordance with the requirements of the legislation of the Republic of Kazakhstan. The name, location and registration numbers of the Banks are specified in the System Rules and on the Websites of the Electronic System Operators.
3) "Individual payment number" - a number provided to the Subscriber by the electronic money system Operator in electronic form - sms, after the Subscriber has purchased Electronic Money, through which the Subscriber has the opportunity to receive a document confirming the purchase of Electronic Money.
4) "Information system" - the Operator's system and the corresponding organizational and technical resources that ensure the transmission of the Subscriber's Instructions.
5) "Limit" - the maximum amount of one operation and / or the number of transactions within a certain period of time, set by the Operator and the the electronic money system Operator, that are available for the owner of Electronic Money to perform;
6) "my account "izi Mobile financial services" - a special section of the Site Operator that is protected by special security measures, providing Subscribers with the access to the Operator's Information System for purposes of transferring the Caller Instructions on the Electronic wallet top up and making payments with Electronic money in favour of third parties in civil transactions, or the execution of other operations with Electronic money containing data on the E-wallet top ups, payments and other operations with Electronic Money.
7) "Login" - name (ID) Personal Account "izi Mobile financial Services" of the Subscriber, which allows the Subscriber to log in to the Personal Account "izi Mobile Financial Services»;
8) "izi Mobile financial services" - services of the Operator providing access to its Information system and Electronic wallet top up of the Subscriber based on a Subscriber Instruction for purposes such as Subscriber Payments and other transactions using Electronic Money.
9) "Operators of the electronic money system" – payment organizations that ensure the functioning of the Electronic Money System and provide services to ensure information and technological integration between billing participants, including the collection, processing and transmission of information generated during transactions using Electronic Money. Information about the Operators of the electronic money system is available on the Operator's Website.
10) "Password" - a set of signs and / or symbols and / or numbers intended to confirm the identity and privileges of the Subscriber when he enters the Personal Account "izi Mobile Financial Services", designed for data security from unauthorized access by third parties.
11) "Payment" - payment by the Subscriber using Electronic Money for goods, works, third party services(Suppliers) under civil transactions concluded between the Supplier and the Subscriber.
12) "Electronic Money repayment" – an operation carried out by the Issuer to exchange Electronic Money presented by its owner or redeemable without their submission in cases provided for by the laws of the Republic of Kazakhstan for an equal amount of money at their nominal value, carried out in accordance with the Rules of the system and the requirements of the legislation of the Republic of Kazakhstan.
13) "Electronic wallet top up" – an operation for the Subscriber to purchase Electronic Money from the Operator and their deposit to the Electronic Wallet, carried out at the Instruction of the Subscriber.
14) "Provider" – a person who provides services, works or sales of goods to Subscribers, in favour of whom the Subscriber makes a Payment.
15) "System Rules" — the rules established and agreed to by the Issuers under the legislation of the Republic of Kazakhstan, in accordance with which the issue, sales, purchase, receipt, transfer, repayment of Electronic money are made and other transactions on their use that are placed on the Internet on the electronic money System Operators' websites are carried out.
16) "Public Agreement" – a contract concluded between the Subscriber and the Operator, the subject of which is the provision of communication services by the Operator to the Subscriber.
17) "Operator's Website" – the Operator's information resource on the Internet at: www.izi.me.
18) "Electronic money system Operators sites" – an information resource of the electronic money system Operator. Information about the Websites of the electronic money system Operators is available on the Website of the Operator, Kar-Tel LLP.
19) "Electronic money system" – a set of software and hardware tools, documentation and organizational and technical measures of the electronic money system Operator, ensuring the execution of payments and other operations with Electronic money.
20) "Instruction" – a Subscriber's order that serves simultaneously as a Subscriber's order to the Operator to Top Up the Subscriber's Electronic Wallet and an order to the electronic Money System Operator to perform Operations with Electronic Money, presented by the Subscriber in the ways provided for in paragraph 12 of these Rules.
21) "Participant of the electronic money system" - an individual or legal person who, in accordance with these Rules, the Rules of the System and/or the concluded contract, has the right or obligation to issue, transfer, receive, use, purchase, sell or repay electronic money within the framework of the Electronic Money System.
22) "Fraud" – unauthorized actions or ineligible use of resources and services in the Operator's communication networks, as well as other actions that may negatively affect the operation of the Operator's network or Information System.
23) "Electronic money" – unconditional and irrevocable liabilities of the Issuer, stored in electronic form and accepted as a means of payment in the Electronic Money System by other Participants of the Electronic Money System.
24) "Electronic wallet" – a microprocessor (chip), personal computer software, other software and hardware that stores Electronic money and/or provides access to it, allowing Subscribers to make payments, transfers and other Operations with Electronic money. Terms for which definitions and meanings are not provided for in these Rules are subject to interpretation in accordance with the definition and meaning provided for these terms in the Public Contract.
6.1. Subscriber adherence to these Rules means familiarizing the Subscriber and his consent to the terms of these Rules.
6.2. The moment of the Subscriber's adherence to these Rules and their entry into force is the moment when the Subscriber performs one of the following actions:
- adherence to a public contract;
- confirmation of consent to the terms of these Rules, expressed in the form of a mark (tick) in the appropriate field next to the text of these Rules on web resources or in any other applications intended for Subscriber devices;
- sending SMS to the number 2020, 2505, 9909 or other number specified in the advertising materials and communications of the Operator or the electronic money system Operator in order to use the Mobile Financial Service;
- entering into other agreements with the Operator containing a link to these Rules with an indication of the address on the Internet where the current version of these Rules is posted;
- presenting an Instruction to the Operator.
- the absence of the Subscriber's debt to the Operator for communication services or other services;
- the absence of barring of the subscriber device;
- the absence of a ban on the use of the izi Mobile Financial Service preset on the Subscriber number;
- the presence of a sufficient amount of funds on the Personal Account;
- if the amount of the Transaction with Electronic Money does not exceed the established Limits;
- if the data entered by the Subscriber is correct;
- if the Subscriber has used the following communication services, depending on the Tariff Plan: SMS-messages, Internet access services, outgoing calls, from the moment of the beginning of using the subscriber number yet before the initiation of the purchase of Electronic money;
- the reliability of the data related to the Subscriber information.
The Operator has the right to refuse to provide the izi Mobile Financial Service to the Subscriber if the Subscriber does not comply with the conditions provided for in this clause, the Rules or the Public Agreement, or on other grounds that do not contradict the requirements of the legislation of the Republic of Kazakhstan.
9.1. The Operator is obligated to:
9.2. Ensure the confidentiality of the Subscriber's personal data, with respect to the clause 7 of these Rules. The Operator is not responsible for any damage incurred by the Subscriber in connection with the disclosure and/or loss of the Subscriber's personal data, including the login, password providing access to the izi Mobile Financial Services Personal Account or to the application for the Subscriber's device, through which access to the Operator's Information System is provided.
9.3. The operator has the right to:
9.3.1. Terminate the provision of the izi Mobile Financial Service or change the procedure and conditions for its provision unilaterally out of court, after the publication of a notification about this on the Operator's Website at least 15 (fifteen) calendar days before the termination of the provision of the izi Mobile Financial Service or before the changes take effect. By adhering these Rules, the Subscriber agrees to the subsequent modification by the Operator of the terms and conditions, these Rules in the manner provided for in this paragraph.
9.3.2. To supplement, change or cancel promotions, offers within the framework of the provision of the izi Mobile Financial Service unilaterally, after publishing a notification about this on the Operator's Website at least 1 (one) calendar day before the introduction of such additions, changes or cancellation.
9.3.3. Request information from the Subscriber about the purpose of having more than 1,500,000 (one million five hundred thousand) tenges on the Personal Account;
9.3.4. The Operator has the right to unilaterally change and / or supplement the methods of presenting Instructions by the Subscriber with the placement of relevant information on the Operator's Website.
9.3.5. Refuse to provide the izi Mobile Financial Service to the Subscriber without prior notice to the Subscriber in case of violation by the Subscriber of the terms of these Rules, the Public Contract or detection of fraudulent practices, Fraud, as well as in cases where the Operator reasonably believes that the Subscriber uses the Mobile Financial Service for the purpose of legalization (laundering) of proceeds from crime and financing of terrorism, or other illegal actions, in which the Subscriber is suspected or accused.
9.3.6. Suspend transactions with Electronic Money directed in favour of persons and committed by persons specified in the list of persons associated with terrorism and terrorist organizations.
9.4. The Subscriber is committed to:
9.4.1. Comply with the requirements and obligations provided for in these Rules;
9.4.2. Pay for services provided within the framework of this izi Mobile Financial Service, including the cases of withdrawal of the Subscriber Device/The Subscriber number from the possession of the Subscriber or its transfer by the Subscriber for use by a third party.
9.4.3. In case of loss of your Subscriber Device or password and / or SIM card that provides access to this izi Mobile Financial Service urgently notify the Operator and apply for blocking the Subscriber number in the online support chat.
9.4.4. Do not take actions that may lead to the formation of debts to the Operator within the framework of using the izi Mobile Financial Service, as well as timely repay such debts, if they arise, including by debiting money from the Personal Account by the Operator.
9.5. The subscriber has the right to:
9.5.1. In case of compliance with and compliance with the requirements provided for in these Rules, access the Operator's Information System.
9.5.2. at any time, upon request, obtain information about the transactions made with Electronic Money.
10.1. Information about the amount of remuneration and / or commission to be paid by the Subscriber to the Operator for the provision of the izi Mobile Financial Service is provided by the Operator to the Subscriber on the resources where the Subscriber is granted access to transactions within the izi Mobile Financial Service.
11.1. Transactions with Electronic Money are carried out by the Subscriber in the Electronic Money System. The Electronic Money System Operator is responsible for the improper functioning of the Electronic Money System and (or) the improper provision of services to ensure information and technological integration between settlement participants, including the collection, processing and transmission of information generated during transactions using Electronic money, for non-performance or improper performance of its obligations related to payments and (or) money transfers.
11.2. The Supplier is responsible for the obligations of rendering services, providing goods and works, their quality and delivery. All claims arising from the services, works and goods provided by the Supplier, as well as claims for the exchange and return of goods and/or services and/or works, must be submitted by the Subscriber directly to the Supplier from whom the goods, works or services were purchased, or contact the User Support Service of the Electronic Money System Operator.
11.3. The Operator is not responsible to the Subscriber for delays and interruptions in the operation of technical platforms and transportation networks or communication networks, the occurrence of which is not the fault of the Operator.
11.4. The Subscriber bears all risks and all responsibility for any actions of third parties, users of his Subscriber device, committed through his Subscriber number or using special applications installed on the Subscriber device or using his identification/authentication data on third-party websites or applications.
11.5. The Operator is not responsible for the quality of goods, works, and services provided by the Supplier.
11.6. In the event of loss, theft or otherwise asset retirement of the Subscriber's Device or SIM card from the Subscriber's possession, the Subscriber bears all risks associated with the use of this Subscriber Device and/or SIM card by third parties until the Operator receives a request from the Subscriber to block the Subscriber Number/SIM card.
11.7. The Operator is not responsible for improper functioning or improper execution of operations in the Electronic Money System, including unauthorized access to the Electronic Money System of third parties, improper or erroneous operations for crediting Electronic money to Electronic wallets, operations with Electronic money, for the implementation of erroneous operations by the Subscriber, loss or disclosure by the Subscriber of their identification/authentication data or loss (withdrawal from the Subscriber's possession), as well as providing access to them to third parties, including property, Subscriber device and / or SIM card, or failure or improper performance of the Supplier obligations.
12.1. In order to top up the Electronic Wallet and perform operations with Electronic Money, the Subscriber submits an Instruction, which is both an order for the Operator to Top Up the Electronic Wallet for the amount of the planned operation with Electronic money and an order for the electronic money system Operator to perform an operation with Electronic money, which the Subscriber has determined in his Instruction.
12.2. The Subscriber's request must contain the following data: the Subscriber number, the payment amount, the details required in accordance with the fields in the payment form (personal account number, other details, depending on the Supplier requirements). In the case of making a payment via SMS, the Subscriber also specifies the validation code sent to the Subscriber via SMS.
12.3. The subscriber's instruction to the Operator of the Electronic equipment and to the Operator of electronic money about the operations with Electronic money is generated by the Subscriber in electronic form in one of the following ways:
- following the instructions posted in the Subscriber's Personal Account" izi Mobile Financial Services " on the website www.izi.me or in the mobile application or in other sources determined by the Operator for the registration of the Instruction;
- following the instructions posted in the Operator's specialized software installed on the Subscriber's Subscriber device;
- by sending SMS messages to the numbers 2505, 9909 or another number specified in the advertising materials and communications of the Operator or the electronic money system Operator;
- in other ways defined by the Operator.
The methods of presenting the Instruction may be changed and / or supplemented by the Operator unilaterally.
13.1. When purchasing Electronic Money, an Individual Payment number is sent to the Subscriber via SMS, through which the Subscriber has the capacity to receive an electronic document confirming the fact of the Subscriber's purchase of Electronic money. The document confirming the purchase of Electronic Money by the Subscriber and the transaction with Electronic Money is issued in the izi Mobile Application.
13.2. To receive statements or reports on operations with Electronic money, and for password reset in case of failure to recove the password through a custom application, on the disputed situations connected with wrong crediting and/or debiting, as well as the production, sale and repayment of E-money should contact the chat support, or email: email@example.com.
13.3. Terms of service (including the amount of Bank commissions, Organizations engaged in transfer operations and remuneration of the system Operator of electronic money), the use of electronic means of payment, information about the Issuer, the system Operator and Organizations carrying out transfer operations are placed on the websites of the system Operators of electronic money. The Subscriber must read this information before using the Operator's Information System and receiving the izi Mobile Financial Service.
13.4. If the Subscriber's E-wallet remains inactive for 3 (three) calendar months, the Operator of the E-money system reserves the right to block the E-Wallet, and if the Subscriber of the Operator wants to remove the E-wallet from the blocking mode, the Subscriber must again go through the registration procedure in accordance with the terms of these Rules.
13.5. The izi Mobile Financial Service may be expanded or modified by engaging other Suppliers and Issuers as partners or making other changes. Information on that will be posted in the appropriate section of the site https://izi.me or on the website of the Operator of the electronic money system www.wooppay.com or www.kempay.kz.
13.6. The subscriber has the right to refuse to provide the services of the Mobile Financial Service by disabling them through the izi Mobile Application.
13.7. By adhering these Rules, the Subscriber agrees to receive SMS messages and e-mail messages from the Operator about the izi Mobile Financial Service, the address of which the Subscriber specifies during the registration process.
13.8. Advising Subscribers on the issues of the izi Mobile Financial Service is carried out by contacting the chat, or by e-mail: firstname.lastname@example.org.
13.9. These Rules and all appendices to them are a public offer and are published on the Operator's Website.
13.10. These Rules are an integral part of the Public Agreement. All legal relations of the parties that are not regulated by these Rules are governed by the provisions of the Public Agreement.
14.1. These Rules are valid for the entire period of validity of the Public Contract.
14.2. The validity of these Rules is terminated in the event of termination (cancellation) of their validity by the Operator or in connection with the termination of the Public Contract.