OFFER AGREEMENT / PUBLIC AGREEMENT


LLC "Skreen International," hereinafter referred to as the "Performer," represented by the General Director Mr. Sulaimanov A.M, acting under the Charter, concludes this Public contract for paid services (hereinafter referred to as the "Agreement") with any individual or legal entity, hereinafter referred to as the "Customer."

The Agreement is an agreement on the provision of services on a paid basis, which gives you the right to use (a simple non-exclusive license) the Program within its functional capabilities without the right to sublicense to third parties of the Performer through the aptocms.com website, concluded by a public offer and regulates the procedure for the provision of such services and the obligations of the Parties.

The text of this Agreement is posted by the Performer on the Internet at the website address: aptocms.com

The Parties, guided by part 2 of article 398 of the Civil Code of the Kyrgyz Republic, have entered into this Agreement on the following:

1. Subject of the agreement

1.1. In accordance with this Agreement, the Performer undertakes to provide a Content Management System (CMS) - website management systems, and the Customer undertakes to pay the Performer a fee.

1.2. Content Management System (CMS) - website management systems are provided by the Performer through the aptocms.com website.

1.3. The following terms and abbreviations are used in this Agreement:

1.3.1. Website - a website located on the Internet at the address aptocms.com

1.3.2. Personal account - a set of protected pages of the Website created as a result of the Customer's registration and available when entering his authentication data (email address and password) in the fields provided for this purpose on the Website.

1.3.3. Invoice - an invoice, an invoice-protocol agreeing on the price, another similar document that determines the cost of services, and, if necessary, the payment procedure. All terms and definitions used in this Agreement apply equally to terms in the singular and plural, depending on the context.

1.4. The Customer can use the provided online access to the CMS at any time after paying for access to the CMS in accordance with the terms of the Agreement for the entire period specified on the Website.

1.5. Within the framework of this Agreement, the Performer does not provide the Customer with individual consultations not related to the subject matter of the Agreement.

2. Procedure for concluding the Agreement and providing access

2.1. This Agreement is a public contract under which the Performer undertakes to provide services to an indefinite number of persons (Customers) who have applied for their provision.

2.2. Posting the text of this Agreement on the Website is a public offer by the Performer addressed to an indefinite number of persons to conclude this Agreement (Clause 1 of Article 386, Clause 2 of Article 398 of the Civil Code of the Kyrgyz Republic).

2.3. This Agreement is concluded by the Customer's accession to this Agreement, i.e., by the Customer accepting the terms of this Agreement in full, without any conditions, exceptions, or reservations (Article 387 of the Civil Code of the Kyrgyz Republic).

2.4. The fact of the Customer's acceptance (acceptance) of the terms of this Agreement is the Customer's payment for the services ordered by him in accordance with the terms of this Agreement. In case the Customer pays for the services ordered by him using credit funds provided by the respective bank, the fact of the Customer's acceptance (acceptance) of the terms of this Agreement is the conclusion of the relevant agreement by the Customer with the bank for the payment of the Performer's services (Clause 3 of Article 399 of the Civil Code of the Kyrgyz Republic).

2.5. By accepting this public offer in the manner specified in this Agreement, the Customer agrees to all the terms of the Agreement as they are set forth in the text of this Agreement and in accordance with the Civil Code of the Kyrgyz Republic is considered to have entered into contractual relations with the Performer on the basis of this Agreement. In this case, in accordance with Clauses 2 and 3 of Article 395, Clause 3 of Article 399 of the Civil Code of the Kyrgyz Republic, this Agreement is considered concluded by the Parties in writing.

2.6. After performing the actions specified in Clause 2.4 of the Agreement, the Performer provides the Customer with a Content Management System - website management systems.

3. Rights and obligations of the Parties

3.1. The Performer undertakes:

3.1.1. To provide the Customer with the Content Management System - website management systems.

3.1.2. To provide informational support to the Customer regarding the provision of services and/or the functioning of the Website on business days from 09:00 to 18:00 (until 17:00 on Fridays and business days shortened in accordance with the legislation of the Kyrgyz Republic). Support inquiries from the Customer are to be sent to the email address: info@aptocms.com.

3.1.3. In case of identifying errors/deficiencies in the functioning of the Website caused by the Performer's actions or through the Performer's fault, to eliminate the identified errors/deficiencies at their own expense.

3.1.4. To make a refund of the funds paid by the Customer in cases and under the conditions provided by the Agreement.

3.2. The Performer has the right:

3.2.1. To make changes to the functionality of the Program (including installing, expanding, or reducing the set of functions) and/or limits of the Program (such as the number of users, websites, disk space, online storage volume, maximum file size, customizable fields, analytical reports, storage capacity limits, email, role limitations, search limitations, etc.) without coordination with the Customer.

3.2.2. To engage third parties to fulfill this Agreement without the Customer's consent.

3.2.3. To request from the Customer information and documents necessary for the proper fulfillment of obligations under this Agreement.

3.2.4. To change the cost of services under the Agreement by posting the current cost on the Website.

3.2.5. To temporarily suspend the operation of the Website for necessary planned maintenance and repair work on the Performer's technical resources.

3.2.6. To replace third parties engaged to fulfill obligations under the Agreement.

3.3. The Customer undertakes:

3.3.1. To pay for the services in accordance with the terms and conditions specified in the Agreement, as agreed upon in the invoices and/or agreed upon by the Parties through messages in the Personal Cabinet.

3.3.2. To provide complete and accurate information in a timely manner, necessary for the provision of services (including during registration on the Website).

3.3.3. To use the functionality of the Website and access exclusively for personal or other non-commercial purposes.

3.3.4. To ensure the confidentiality of the login and password to their Personal Cabinet, not to transfer access data to third parties.

3.3.5. To immediately notify the Performer of instances of unauthorized access to their Personal Cabinet.

3.3.6. Not to post on the Website or on third-party resources personal data of other individuals, including access data to their Personal Cabinet on the Website, and not to use or attempt to obtain personal data of other users.

3.3.7. Not to register as a user on behalf of or instead of another person or register a group (association) of individuals or a legal entity/individual entrepreneur as such a user.

3.3.8. Not to use software and not to take actions aimed at disrupting the normal operation of the Website, not to upload, store, publish, distribute, or otherwise use viruses, trojans, and other malicious software without the written permission of the Performer; not to use automated scripts (programs) to collect information on the Website.

3.4. The Customer has the right:

3.4.1. To gain access to the Content Management System - website management systems after fulfilling the access provision conditions (Article 2 of the Agreement).

3.4.2. To receive informational support regarding the procedure for providing services and the functioning of the Website throughout the term of this Agreement.

3.4.3. To use access to aptocms.com exclusively for non-commercial purposes.

3.4.4. To send remarks, suggestions, and/or feedback related to the subject matter of this Agreement and/or the functioning of the Personal Cabinet to the Performer.

4. Cost of Services and Payment Procedure

4.1. The cost of the Performer's services is determined based on the cost of the product/service specified on the Website or agreed upon in the Invoice, in Kyrgyz soms.

4.2. The Customer makes payment for the cost of the Performer's services on the terms of 100% prepayment at once by transferring the funds to the Performer's bank account, unless otherwise specified in the invoice issued to the Customer. The payment date is the date of receipt of funds to the Performer's bank account.

4.3. Payment for the services is made by the Customer in favor of the Performer by transferring the corresponding amount of funds by the methods supported by the Performer. In this case, the Performer has the right to independently determine the list of such methods, informing the Customer of the current list of methods by placing it on the Website or informing the Customer by other means.

4.4. The Customer has the right to pay for the Performer's services using credit funds provided by the respective bank (hereinafter - credit). The Parties realize and agree that this Agreement is not a loan agreement, the Performer is not a lender, and does not assume any obligations to the Customer in this regard. The Customer realizes and agrees that the credit is provided to the Customer on the terms provided by the respective bank. The Performer is not responsible for the conditions under which the bank provides the credit to the Customer, including the amount and payment of interest for using the credit, as well as for the bank's refusal to provide the credit. The Customer independently fulfills the obligations to the bank associated with the provision of the credit.

4.5. The date of providing the services/goods is considered to be the date of providing the services/goods to the Customer, respectively, the services/goods are considered to be provided to the Customer.

5. Liability of the Parties. Limitation of Liability

5.1. In case of the Customer's violation of the terms of the Agreement, they are obliged, upon the written demand of the Performer, to pay a fine in the amount of 25,000.00 (twenty-five thousand) soms for each violation.

5.2. In the event of the Customer's violation of the terms of this Agreement, the Performer has the right to deactivate the Customer's access to the Personal Account and block the Customer's access to the Website without a refund of the paid funds. The Customer must pay the penalty within 15 (fifteen) calendar days from the moment of receiving the claim (notification) from the Performer.

5.3. The Performer shall not be liable for:

- the content of information posted in messenger chats (WhatsApp, Viber, Telegram) created at the initiative of users, including the Customer; - the use by third parties of personal data provided by the Customer in such chats;

- the quality of the Internet connection and the functioning of the Customer's equipment and software;

- non-compliance of the technical specifications of the Customer's equipment with the requirements for working with CMS if such requirements are established; - non-compliance of the Services/Product provided by the Agreement with the Customer's expectations. The Customer's subjective assessment is not an objective criterion for the quality of the Services/Product;

- errors and inaccuracies made by the Customer when using the Website/CMS functionality (including but not limited to incorrect data entry when placing an order for a service, etc.);

- the use (inability to use) and any consequences of using (inability to use) the form of payment for services under the Agreement chosen by the Customer;

- actions (inaction) of banks or third parties involved in settlements for the service or refund of funds in established cases. 5.4. The Performer makes all reasonable efforts to prevent malfunctions and disruptions in the operation of the Website, but does not guarantee its uninterrupted operation, shall not be liable, and shall not compensate for losses that have arisen or may arise in connection with technical failures and interruptions in the operation of the provider, other persons or services, restrictions on access to the Internet or Internet resource for any reason, the Customer's failure to maintain the security of access data to their Personal Account and other circumstances beyond the competence of the Performer.

5.5. Neither Party shall be liable for complete or partial non-performance of its obligations if such non-performance is the result of force majeure circumstances (including but not limited to fire, flood, earthquake, and other natural disasters, strikes, war and military actions, epidemics, pandemics, or other circumstances beyond the control of the Parties) that prevent the performance of this Agreement and arose after its conclusion.

5.6. If the Customer does not perform (improperly performs) their obligations under the Agreement, including the obligations specified in clause 4.2. of the Agreement, the Performer has the right to terminate the effect of this Agreement by unilateral extrajudicial refusal to perform it by sending a notification of such refusal in electronic form to the email address to which the Performer had previously sent access data to the CMS. The effect of this Agreement is terminated on the day the Performer sends the relevant notification or within the period specified in the notification, and access to the CMS is deactivated on the same terms.

6. Intellectual Property. Confidentiality

6.1. In the course of providing services to the Customer, the Performer provides access to the intellectual property of the Performer and/or third parties with whom the Performer has concluded relevant agreements/agreements (hereinafter referred to as Intellectual Property). Intellectual Property includes the results of intellectual activity of the Performer and/or third parties, including but not limited to technical, audiovisual materials, computer programs, Content Management System (CMS), methodological and/or reference materials, tasks, information resources.

6.2. With respect to Intellectual Property, the Customer undertakes to: - refrain from any actions that violate the rights of the Performer and/or third parties to Intellectual Property, in particular, not to copy, not to record, not to reproduce, not to duplicate, not to distribute in any form, not to modify, not to use to create derivative works any Intellectual Property without the written permission of the Performer;

- immediately inform the Performer of any facts of infringement of the rights to intellectual property of the Performer and/or third parties;

- not to provide their authentication data for access to the account, to the Personal Account on the Website to third parties. In case of loss, as well as in cases of unauthorized access to the login and password by third parties, the Customer undertakes to immediately notify the Performer by sending a notification to the address: aptocms.com

Until the specified notification is sent, all actions are considered to be carried out by the Customer.

6.3. Any information related to the process of providing services by the Performer, unpublished by the Performer in open access and not available for public knowledge, is confidential. The Customer undertakes not to disclose confidential information and other data provided by the Performer during the provision of services (except for publicly available information) to third parties without the prior written consent of the Performer.

6.4. The Performer has the right to use objects created by the Customer during the study of CMS materials and resources in its marketing and/or advertising materials, as well as to mention the Customer as a user of the Software and a client.

7. Other Terms

7.1. The Customer confirms that they are legally capable and have reached the age required by the legislation of the Kyrgyz Republic to enter into transactions using the Website.

7.2. The Customer acknowledges and unconditionally agrees that the provision of the Service may be denied to them in the following cases:

- failure to confirm payment authorization by the Bank or electronic payment system;

- initiation by the Customer of the refund procedure in cases and in the manner provided for in the Agreement;

- in other cases provided by the legislation of the Kyrgyz Republic or this Agreement.

8. Final Provisions

8.1. This Agreement is considered concluded from the moment the Customer performs the actions specified in clause 2.4. of the Agreement and remains in effect until the Parties fulfill their obligations.

8.2. The Performer has the right to change the terms of this Agreement, introduce new terms, or appendices to this Agreement without prior notice to the Customer. The Customer, being aware of the possibility of such changes, agrees that they will be made. If the Customer continues to perform this Agreement, including continuing to use the CMS and/or the Website after such changes, it means their consent to such changes.

8.3. The text of amendments and/or additions to this Agreement, or its new edition, shall be made publicly available by the Performer by posting relevant information on the Website.

8.4. The Parties unconditionally agree that silence (absence of written objections to individual provisions of this Agreement, including changes in tariffs) is deemed consent and the Customer's adherence to the new edition of this Agreement.

8.5. This Agreement may be terminated by mutual agreement of the Parties. Each of the Parties has the right to unilaterally terminate this Agreement by sending a notification to the other Party through the Personal Account or by email no later than 15 (fifteen) calendar days before the planned termination date.

8.6. If any of the conditions of this Agreement lose legal force, are declared illegal, or are excluded from this Agreement, this does not invalidate the other conditions of this Agreement, which shall remain in force and are binding on the Parties.

8.7. All issues not regulated by this Agreement are resolved in accordance with the current legislation of the Kyrgyz Republic.

8.8. All disputes, claims, and disagreements that may arise between the Parties will be resolved through negotiations. In the event that disputes cannot be resolved in this manner, the Parties shall apply to the court in accordance with the procedure established by the current legislation of the Kyrgyz Republic, with the mandatory observance of the pre-trial dispute resolution procedure.

The Party that believes its rights under the Agreement have been violated must present a claim to the other Party. The claim is considered properly presented if it is sent to the other Party in any way that allows the sender's identity to be established and the correspondence to be delivered to the recipient. The return of correspondence with an indication of the absence of the recipient does not prevent the matter from being brought to court. Attaching copies of documents justifying and confirming the claims presented, if these documents are available to the other Party, is not mandatory.

The Party that receives the claim shall, within 10 (ten) business days from the date of its receipt, notify the other Party in writing of the results of its consideration. The failure to receive a response or reasoned objections to the claim within the established period is considered as agreement with the claim and the circumstances stated in it.

8.9. The Parties recognize the legal force of documents sent through electronic means of communication or the Personal Account on the Website.

8.10. The Customer gives their consent to the Performer for the processing of the Customer's personal data provided by them when applying for the Performer's services and/or when registering on the Website, as well as in the Personal Account, on the terms provided by the Personal Data Processing Policy posted on the Website.

8.11. The Customer gives their consent to the Performer to use the Customer's reviews about the Performer and the services provided by them, posted by the Customer on the Internet, including those left by the Customer in the Performer's official groups on social networks, without specifying the full name (surname, first name, and patronymic) of the Customer and without using the Customer's image in any way, including, but not limited to, processing, including shortening, altering without distorting their meaning, for the purpose of posting such reviews on the Performer's official websites, on the Performer's social media pages, in advertising and other materials of the Performer, as well as including them in text information mailings to the Performer's clients. This consent is effective from the date of the Agreement. This consent may be revoked by the Customer at any time by sending a written statement to the Performer's address specified in the Agreement.

8.12. The Customer gives their consent to the Performer to receive messages of an advertising nature, information mailings about the products and services of the Performer and its partners, about advertising campaigns, discounts and special offers, drawings, contests, surveys by email to the Customer's email address, to the Customer's phone number, including in messengers such as "Viber," "Telegram," "WhatsApp," by postal mail, SMS messages, push notifications, as well as by informing the Customer of such information orally by phone.

9. Contact Information of the Parties

9.1. The Parties agree to consider the Customer's details as the information provided by the Customer during registration on the Website and/or when applying for access to the CMS and/or when making payments for the services of the Performer.

9.2. Performer's Details:

Limited Liability Company "Screen International"
Legal Address: Bishkek, Pervomaysky District,
Abdrahmanova Street, House 97, Apartment 29
Tax ID (INN): 02611202010222
OKPO: 30838738
Bank Details:
CJSC "Capital Bank" Account No. 1150000035454301
BIC (Bank Identifier Code): 115001 INN (Taxpayer Identification Number): 00211199510043
Appendix No. 1 to the Public Contract for the Provision of Paid Services