1. General provisions
This document is a public offer of SBS FINCON LLP, BIN 211140030685 (the “Company”), and under Article 395 of the Civil Code of the Republic of Kazakhstan it contains all material terms of the agreement for the provision of the FinCon Docs electronic document management service (the “Agreement”).
The offer is addressed to an indefinite range of individuals and legal entities. A person who accepts it in the manner set out in Section 4 acquires the rights and obligations of a User under the Agreement.
Acceptance of the offer means full and unconditional acceptance of its terms, as well as of the Terms of Use and the Personal Data Processing Policy published on the Site, which form an integral part of the Agreement.
The current version of the offer is permanently available at https://docs.fincon.kz/en/offer. The Company may amend the offer as set out in Section 8; amendments have no retroactive effect and do not apply to a billing period already paid for.
2. Definitions
The following terms are used in this offer unless the context clearly requires otherwise:
- Company — SBS FINCON LLP, the provider under the Agreement.
- Service (FinCon Docs) — the Company’s software hosted at https://docs.fincon.kz and intended for creating, approving, signing and storing electronic documents.
- Site — the Company’s web resource at https://docs.fincon.kz, including all of its pages and sections.
- User — an individual or legal entity that has accepted the offer and uses the Service. For a legal entity, acceptance is made by an authorised representative.
- Personal account — the password-protected section of the Service available to the User after registration.
- Tariff — the list of services and their prices published in the “Pricing” section of the Site.
- Billing period — the period for which payment is made under the selected Tariff.
- Electronic digital signature (EDS) — an electronic digital signature within the meaning of the Law of the Republic of Kazakhstan No. 370-II of 7 January 2003 “On Electronic Document and Electronic Digital Signature”.
- Electronic document — a document created, signed or stored in the Service.
- Terms of Use — the document published at https://docs.fincon.kz/en/terms.
- Policy — the Personal Data Processing Policy published at https://docs.fincon.kz/en/privacy.
3. Subject matter
The Company undertakes to give the User access to the Service under the selected Tariff, and the User undertakes to pay for the services and to use the Service in accordance with the Agreement and the Terms of Use.
The services are provided remotely, by granting access to the Service over the Internet. No copy of the software is transferred to the User, and no exclusive rights to the Service are assigned.
- creating electronic documents, including from the Service templates;
- routing documents through approval stages and recording participants’ actions;
- signing documents with an electronic digital signature;
- verifying signatures and confirming the integrity of signed documents;
- storing documents and granting access to them to the participants of the process;
- technical support for the User to the extent provided by the Tariff.
4. Conclusion of the Agreement
Acceptance of the offer is any of the actions listed below. Performing any of them means that the User has read the offer, the Terms of Use and the Policy, understands them and accepts them in full.
The Agreement is deemed concluded in writing from the moment of acceptance and remains in force until terminated under Section 8. It requires neither signing on paper nor affixing seals.
At the User’s written request sent to info@fincon.kz, the Company issues an invoice, a service delivery certificate and other documents required for accounting purposes.
- registering in the Service and creating a personal account;
- ticking the consent box for the offer in the Service interface;
- paying for the services under the selected Tariff;
- starting to use the Service in practice.
5. Fees and payment terms
The fees are determined by the selected Tariff and are stated on the Site in tenge. The Company may change the Tariffs; new Tariffs apply to billing periods starting after the changes are published.
Payment is made in advance for a billing period or for an agreed volume of documents where the Tariff so provides. The User’s payment obligation is deemed fulfilled once the funds are credited to the Company’s bank account.
Payment is made by bank transfer to the details set out at the end of this document, or by any other method available in the Service interface.
The services are deemed duly rendered and accepted by the User if, within five business days after the end of the billing period, the Company has not received a reasoned written objection at info@fincon.kz.
Payment for the unused remainder of a billing period is refunded upon the User’s written request, pro rata to the unused term and less the cost of services actually rendered, within fifteen business days of receipt of the request.
The Company may offer a free plan with a limited set of features and documents. All provisions of the Agreement apply to such a plan except for those concerning payment.
6. Rights and obligations of the Company
The Company undertakes to:
- give the User access to the Service to the extent of the selected Tariff;
- keep the Service operational and remedy identified faults within a reasonable time;
- take organisational and technical measures to protect the User’s data against unauthorised access, alteration and destruction;
- keep the content of the User’s documents confidential and not use it for purposes unrelated to providing the services;
- notify the User of scheduled maintenance that interrupts access to the Service at least twenty-four hours in advance, by e-mail or through the Service interface;
- provide technical support in response to requests sent to info@fincon.kz.
7. Rights and obligations of the User
The User undertakes to use the Service in accordance with the Agreement and the Terms of Use, and is responsible for the accuracy of the information provided and for the actions of anyone who gains access to their personal account.
The User may stop using the Service at any time, export their documents and request deletion of the account as set out in the Terms of Use and the Policy.
- provide accurate information on registration and keep it up to date;
- keep the password and EDS keys secure and notify the Company immediately if they are compromised;
- pay for the services on time under the selected Tariff;
- not use the Service for actions that breach the laws of the Republic of Kazakhstan or the rights of third parties;
- provide, at their own expense, the equipment, software and Internet access required to work with the Service.
8. Term, amendment and termination
The Agreement enters into force upon acceptance and remains in force indefinitely until terminated by either party.
The Company may unilaterally amend the offer by publishing a new version on the Site. Amendments take effect ten calendar days after publication unless the new version specifies a later date. Continued use of the Service after that date constitutes the User’s consent to the new version.
The User may terminate the Agreement at any time by sending a notice to info@fincon.kz or by deleting the account in the personal account section.
The Company may terminate the Agreement unilaterally if the User breaches the Agreement or the Terms of Use, giving at least ten calendar days’ notice, except where the breach poses an immediate threat to the security of the Service or to third parties.
Termination does not release the parties from obligations that arose before termination. Within thirty calendar days after termination the User may export their documents; after that period the Company may delete them.
9. Liability
The parties are liable for failure to perform or improper performance of their obligations under the laws of the Republic of Kazakhstan, subject to the limitations set out in this Section.
The Service is provided on an “as is” basis. The Company does not warrant that the Service will meet any subjective expectations of the User and is not liable for lost profit, indirect damages or reputational harm.
The Company’s aggregate liability under the Agreement for any period is limited to the amount actually paid by the User for the last three billing periods preceding the event that caused the loss.
The Company is not a party to the relationship between the User and its counterparties and is not liable for the content, validity or enforceability of documents created or signed by Users in the Service.
- for the actions of third parties who gained access to the personal account through the User’s fault;
- for the inability to use the Service for reasons beyond the Company’s control, including faults in the User’s equipment and communication channels;
- for data loss caused by the User’s own actions, including deletion of documents from the Service.
10. Force majeure
The parties are released from liability for failure to perform their obligations where this is caused by force majeure: natural disasters, hostilities, acts of state authorities, large-scale failures of communication or power networks, and other extraordinary and unavoidable events.
The party affected by such circumstances must notify the other party within five business days of their onset. If the circumstances last more than sixty calendar days, either party may terminate the Agreement without compensating losses.
11. Confidentiality and personal data
The Company undertakes not to disclose the User’s information that becomes known to it, except where disclosure is required by the laws of the Republic of Kazakhstan or is necessary to perform the Agreement.
Personal data is processed in accordance with the Law of the Republic of Kazakhstan No. 94-V of 21 May 2013 “On Personal Data and Their Protection” and the Personal Data Processing Policy published at https://docs.fincon.kz/en/privacy.
By accepting the offer, the User confirms that it has obtained the consent of its employees and counterparties whose personal data it enters into the Service to the transfer of that data to the Company for the purposes of performing the Agreement.
12. Governing law and dispute resolution
The Agreement is governed by the law of the Republic of Kazakhstan.
The parties shall seek to settle all disputes through negotiations. A pre-court claim procedure is mandatory: a claim is reviewed within twenty calendar days of receipt. Claims are sent to info@fincon.kz or to the Company’s registered address.
If no agreement is reached, the dispute is referred to the court at the Company’s location in the manner prescribed by the laws of the Republic of Kazakhstan.
Electronic documents, e-mail messages and the records of the Company’s systems are recognised by the parties as valid evidence.
Company details
- Legal name
- ТОО «SBS FINCON»
- Registered address
- Республика Казахстан, г. Алматы, ул. Тулебаева, 38/61
- BIN
- 211140030685
- Bank
- АО «Kaspi Bank»
- Account (IIC)
- KZ78722S000011156639
- BIC
- CASPKZKA
- KBe
- 17
- info@fincon.kz
- Website
- https://fincon.kz