1. General provisions
These Terms of Use (the “Terms”) govern the relationship between SBS FINCON LLP, BIN 211140030685 (the “Company”), and any person using the FinCon Docs electronic document management service (the “User” and the “Service” respectively).
The Terms form an integral part of the public offer published at https://docs.fincon.kz/en/offer and apply together with it and with the Personal Data Processing Policy.
Registering in the Service or starting to use it means full and unconditional acceptance of the Terms. A User who does not agree with any provision must stop using the Service.
The Terms apply to both paid and free plans.
2. Definitions
Terms not defined here have the meaning given to them by the public offer and by the laws of the Republic of Kazakhstan.
- Service — the Company’s software available at https://docs.fincon.kz, including the web interface and mobile versions.
- Account — the set of the User’s data in the Service, access to which is protected by a password.
- Organisation — a workspace in the Service that brings together several Users with differentiated permissions.
- User content — documents, templates, files and other materials placed by the User in the Service.
- Administrator — a User granted the right to manage an Organisation and its members.
3. Registration and account
To use the Service the User registers, providing accurate information, and undertakes to keep that information up to date.
By registering on behalf of a legal entity, the User confirms that they are authorised to act for that entity and to accept the Terms and the offer.
The User keeps their password confidential and is responsible for all actions performed in the Service using their account.
If the password or EDS keys are compromised, the User must change the password immediately and notify the Company at info@fincon.kz.
The Administrator of an Organisation is responsible for its members and for the access rights granted to them.
4. Conditions of use
The Company grants the User the right to use the Service for their own business purposes, within the features available on the selected plan.
The right of use is non-transferable and non-exclusive. It does not include the right to provide paid access to the Service to third parties, except where expressly agreed with the Company in writing.
- create documents from scratch or from the Service templates;
- invite participants to approve and sign documents;
- sign documents with an electronic digital signature;
- verify signatures and confirm the integrity of signed documents;
- store documents and manage access to them;
- export their documents in the formats supported by the Service.
5. Prohibited actions
When using the Service the User must not take any of the actions listed below. Breaching any of these prohibitions is grounds for suspending access under Section 11.
- breach the laws of the Republic of Kazakhstan or the rights of third parties, including intellectual property rights;
- place in the Service materials containing malicious code, or unlawful, offensive or knowingly false information;
- attempt to gain unauthorised access to other Users’ accounts, to data or to the infrastructure of the Service;
- decompile, disassemble or modify the Service, or otherwise attempt to obtain its source code;
- create excessive load on the Service, including by automated means not provided for by its interface;
- use other people’s electronic digital signature keys or sign documents on behalf of third parties without proper authority;
- give access to the account to third parties who are not authorised representatives of the User.
6. Electronic signature and legal effect of documents
Documents are signed in the Service using an electronic digital signature in accordance with the Law of the Republic of Kazakhstan No. 370-II of 7 January 2003 “On Electronic Document and Electronic Digital Signature”.
An electronic document signed with a valid electronic digital signature is equivalent to a paper document signed by hand and is recognised by the parties as valid evidence.
The User obtains and maintains their electronic digital signature keys at a certification authority. The Company does not issue keys and is not a certification authority.
The Company records the date and time of signing, the set of signatories and the signature verification result, and ensures that the signed document remains unchanged. The User is responsible for the content of the document and for the signatory’s authority.
The private key of the electronic digital signature is not transferred to the Company and is not stored in the Service.
7. User content
All rights to User content remain with the User. The Company acquires no rights to the content of documents and does not use it for purposes unrelated to providing the services.
The User grants the Company the right to perform the technical actions required for the Service to work: to store content, copy it during backups, transmit it to approval participants and display it in the interface.
The User warrants that placing content in the Service does not infringe the rights of third parties and that they have all the grounds required to do so.
The Company does not pre-screen content but may restrict access to materials that breach the law or these Terms.
8. Intellectual property of the Company
Exclusive rights to the Service, its source code, interfaces, design, trademarks and other means of individualisation belong to the Company and are protected by the laws of the Republic of Kazakhstan.
Use of the Service materials without the Company’s written permission is not allowed, except where expressly provided by these Terms.
The Company may list the User’s name and logo among its clients on the Site unless the User objects in writing at info@fincon.kz.
9. Availability and maintenance
The Company aims to keep the Service available around the clock but does not guarantee uninterrupted or error-free operation.
The Company may carry out scheduled maintenance, giving at least twenty-four hours’ notice by e-mail or through the Service interface. Unscheduled work is carried out without prior notice where the security or stability of the Service is at risk.
The Company may change the features of the Service, add new ones and discontinue outdated ones. Where support for a material feature is discontinued, the User is notified at least thirty calendar days in advance.
10. Liability and disclaimer of warranties
The Service is provided on an “as is” basis. The Company does not warrant that it will meet any subjective expectations of the User or be fit for a particular purpose not expressly stated in the description of the Service.
The Company is not a party to the transactions that Users conclude in the Service and is not liable for their content, validity or enforceability.
The limitations on the Company’s liability are set out in Section 9 of the public offer and apply to these Terms in full.
The User undertakes to compensate the Company for losses arising from the User’s breach of these Terms or of the rights of third parties.
11. Suspension and termination of access
The Company may suspend the User’s access to the Service in any of the circumstances listed below, notifying the User by e-mail.
Access is restored once the breach is remedied. If the breach is not remedied within thirty calendar days, the Company may terminate the agreement and delete the account.
Within thirty calendar days after access is terminated the User may request an export of their documents.
- breach by the User of these Terms or of the public offer;
- payment for the services being overdue by more than ten calendar days;
- actions by the User that threaten the security or stability of the Service;
- a reasoned demand from an authorised state body.
12. Personal data
Personal data is processed in accordance with the Personal Data Processing Policy published at https://docs.fincon.kz/en/privacy.
By entering the personal data of third parties into the Service, the User confirms that it has a lawful basis to transfer that data to the Company and is responsible for its accuracy.
13. Changes to the Terms
The Company may amend the Terms unilaterally by publishing a new version on the Site. Amendments take effect ten calendar days after publication.
Continued use of the Service after that date constitutes the User’s consent to the new version. A User who does not agree may stop using the Service and terminate the agreement.
14. Governing law and dispute resolution
The Terms are governed by the law of the Republic of Kazakhstan.
Disputes are resolved in the manner set out in Section 12 of the public offer: mandatory negotiations and a pre-court claim procedure and, failing agreement, the court at the Company’s location.
If any provision of the Terms is held invalid, this does not affect the validity of the remaining provisions.
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