Public Offer

1. General provisions

1.1. Subject of this document

1.1. This Public Offer (the “Offer”, the “Terms of Use”) sets out the conditions for using the QURYLYS HUB mobile application (the “Platform”) and governs the relationship between PRIVATE COMPANY AITIZ LTD (“AITIZ”, the “Administration” or the “Platform operator”) and the individuals using the Platform (the “User”).

1.2. The Platform is intended for information exchange between persons interested in having construction work carried out and persons offering to carry out such work, and also for interaction between buyers and suppliers of construction materials and equipment.

1.3. AITIZ provides the technical infrastructure for publishing requests, bids, offers, messages and information about goods and organisations, and for recording the arrangements made between Users.

1.4. AITIZ does not become a party to a contract concluded between Users merely because it provides the Platform, generates an electronic document, records the Users’ actions or stores information about their interaction.

1.5. This Offer is AITIZ’s proposal to enter into an agreement on the terms set out below.

1.2. Acceptance of the Offer

1.6. The User accepts this Offer by performing the actions that the Platform interface identifies as confirming agreement with the terms of use of the Platform.

1.7. By using the Platform after reading the Offer, the User confirms the intention to comply with its provisions to the extent applicable to that use of the Platform.

1.8. If the User does not agree with this Offer, the User must stop using the Platform.

1.3. Governing law

1.9. This Offer is governed by the law of the Republic of Kazakhstan.

1.10. The relations arising in connection with the use of the Platform are subject to the laws of the Republic of Kazakhstan governing electronic commerce, electronic documents and messages, consumer protection, personal data, intellectual property and other relevant matters.

1.11. For the purposes of this Offer the parties proceed on the basis that the general law of the Republic of Kazakhstan applies. The fact that AITIZ uses the AIFC jurisdiction for the purposes of company registration does not in itself change the regime chosen by this Offer for relations with Users.

2. Definitions

2.1. Platform / QURYLYS HUB — the mobile application and the related information infrastructure provided by AITIZ.

2.2. User — an individual who is registered on the Platform or otherwise uses it.

2.3. Client — a User who has published a request for work to be carried out.

2.4. Contractor — a User who has submitted a bid in response to a Client’s request and has been selected by the Client to carry out that work.

2.5. Supplier — an organisation whose details are published on the Platform and which offers goods or equipment.

2.6. Request — a description of the required work published by the Client, stating the parameters available on the Platform.

2.7. Bid — the Contractor’s proposal to carry out the work on the terms stated by the Contractor, including price, duration, itemised estimate and information about materials.

2.8. Deal — the contractual relationship between the Client and the Contractor selected by the Client, arising when the parties confirm the terms on which the work is to be carried out.

2.9. Price request — an enquiry initiated by a User to a Supplier about the cost of goods or equipment.

2.10. Terms of the Deal — the price, duration and information about materials agreed by the parties and recorded on the Platform.

3. The role of AITIZ and the limits of the Platform’s functions

3.1. AITIZ provides technological and information infrastructure for interaction between Users, and nothing more.

3.2. AITIZ is not a party to the contract between the Client and the Contractor and does not assume the obligations of either of them.

3.3. AITIZ is not a contractor, a client, a supplier, an agent or a representative of the User, unless a separate written agreement expressly provides otherwise.

3.4. AITIZ does not determine which Contractor the Client is to select.

3.5. AITIZ does not determine the price, the duration or the materials for a deal between Users.

3.6. AITIZ does not guarantee:

• that the Contractor holds the necessary qualifications;
• that the Contractor holds licences, permits or approvals;
• that the User has the experience, the property or the financial ability to perform the obligations;
• the quality of the work;
• that the result meets the Client’s expectations;
• that the Contractor meets the agreed deadlines;
• the accuracy of all information provided by Users;
• the availability or the quality of a Supplier’s goods.

3.7. AITIZ does not receive, hold or transfer money between Users.

3.8. The Platform provides no acquiring, escrow or other payment-securing service between Users.

3.9. Settlements between Users are made directly between the parties concerned, outside the Platform.

3.10. AITIZ takes no part in the delivery, dispatch, handover or receipt of goods.

3.11. AITIZ is not an arbitrator of disputes between Users and does not take decisions binding on the parties as to the quality of work, payment, deadlines, losses or any other terms of their contract.

4. Registration and account

4.1. Registration on the Platform is carried out by the individual personally.

4.2. A login name, a password and an email address are used to create an account.

4.3. Additional profile details, including first name, last name, phone number, city and other information, may be provided by the User voluntarily.

4.4. The User must provide accurate information and must not use another person’s data to create an account.

4.5. A User may not use another person’s account.

4.6. The User must keep their access credentials confidential.

4.7. AITIZ is not liable for the consequences of the User passing access credentials to third parties, where that has happened through the User’s fault.

4.8. The User confirms that they use the Platform personally and are responsible for the actions taken with their account.

4.9. Use of the Platform is intended for persons aged 18 and over.

4.10. The User is solely responsible for complying with this requirement. The current version of the Platform performs no automatic technical verification of the User’s age.

5. Organisations and the “Verified” mark

5.1. Organisations do not create their own accounts through ordinary registration of an individual.

5.2. Organisation profiles are created and administered by AITIZ.

5.3. A User cannot assign themselves the role of “Supplier” or “Company”.

5.4. The “Verified” mark may be set by an AITIZ employee in respect of an organisation profile.

5.5. The “Verified” mark is not a state registration of the organisation and is not a licence or a certification.

5.6. The “Verified” mark does not mean that AITIZ has checked:

• the qualifications of the organisation;
• the qualifications of its personnel;
• the existence of licences or approvals;
• the quality of the work;
• the financial position;
• the ability to pay;
• the absence of claims by third parties.

5.7. AITIZ does not collect or store identity documents of individuals, or other documents of an organisation, as part of the procedure for setting the “Verified” mark, unless a future version of the Platform expressly provides otherwise.

5.8. The User’s display name is information stated by the User personally. AITIZ does not check whether the stated name corresponds to the actual name of an organisation or of an individual. The User may not use a name that is misleading as to their connection with third parties.

6. Requests and bids

6.1. A Client may create a request for work to be carried out.

6.2. Before publication a request is a draft and is available only to its author.

6.3. After publication a request becomes available to Users in accordance with the functionality of the Platform.

6.4. The address of the site is not shown to Contractors until the terms of the Deal are confirmed.

6.5. A Contractor may submit a bid containing the terms for carrying out the work that are available on the Platform, including:

• the price;
• the duration;
• an itemised estimate;
• information about whether materials are included.

6.6. The limit on the number of bids is set by the functionality of the Platform. In the current version a User has up to five free bids per month.

6.7. The current version of the Platform offers no paid additional bids.

6.8. The User must not publish, in requests or bids, information prohibited by the law of the Republic of Kazakhstan or by this Offer.

6.9. In particular, the Platform may not be used to distribute spam, unlawful content or fraudulent offers, or to publish contact details in order to bypass the manner of interaction provided by the Platform, where such information is blocked by the technical means of the Platform.

7. Moderation

7.1. Requests are published with an automatic check of their content.

7.2. The automatic check may detect phone numbers, email addresses, links to messengers and social networks, and signs of spam.

7.3. Some materials may be referred for additional review by an AITIZ employee.

7.4. Human moderation on the Platform is carried out only within the review queue provided for that purpose and does not mean that every published item is reviewed by an employee beforehand.

7.5. AITIZ may refuse to publish material if it breaches the requirements of the law, of this Offer or of the technical rules of the Platform.

7.6. Where a request is rejected automatically, the User may receive an explanation in the Platform interface.

7.7. A User may report to AITIZ any material or other User that breaches the law, this Offer or the technical rules of the Platform, using the reporting function provided by the interface.

7.8. A report may be filed in respect of a job request, a review, a message in a conversation, or a User.

7.9. Filing a report means that the material concerned, including a message in a conversation, enters the review queue and may be viewed by an employee of AITIZ.

7.10. AITIZ does not disclose to the User who is the subject of a report any information about the person who filed it.

7.11. Review of a report does not automatically entail any measures. The decision is taken by an employee of AITIZ, and any measures applied are determined separately and in accordance with this Offer.

7.12. A User may restrict the receipt of messages from another User using the blocking function provided by the interface.

7.13. Blocking restricts the ability of the blocked User to send messages to the User who applied the block; it does not terminate arrangements already made, does not cancel a Deal, and does not restrict the other capabilities of the blocked User on the Platform.

7.14. A block may be removed by the User who applied it.

8. Selecting a Contractor and concluding a contract

8.1. The Client selects the Contractor from the bids received, at their own discretion.

8.2. Selecting a Contractor is irreversible in the current version of the Platform.

8.3. Once a Contractor is selected, a Deal is created and the other bids for that request are rejected.

8.4. The Contractor must confirm the terms of the Deal within the period set by the Platform interface.

8.5. If the Contractor has not confirmed the terms within that period, the Deal is cancelled and the request may be returned to the public feed.

8.6. Once the Contractor has confirmed, the following are fixed:

• the price;
• the duration;
• the terms concerning materials;
• other information provided for by the applicable contract template.

8.7. Once fixed, those terms are not changed within that Deal through the ordinary Platform interface.

8.8. The Platform generates the electronic text of a contract between the Client and the Contractor on the basis of the fixed terms and the applicable template.

8.9. The generated document is made available to both parties for review and may be saved as a PDF.

8.10. AITIZ is not a party to that contract.

8.11. The contract governs the relationship directly between the Client and the Contractor.

8.12. Each party is responsible for performing the obligations it has assumed.

8.13. The User must check the terms of the contract themselves before confirming the Deal.

8.14. The User understands and agrees that AITIZ provides a technical template and a mechanism for generating the document and does not provide the parties with legal, construction, technical or other professional advisory services.

9. Carrying out, handing over and accepting the work

9.1. Once the terms are confirmed, the Contractor is given access to the address of the site in the manner provided by the Platform.

9.2. The Contractor organises the work themselves and is responsible to the Client for complying with the terms of the contract concluded between them.

9.3. Once the work is completed, the Contractor marks it as handed over on the Platform.

9.4. The Client may:

• accept the completed work;
• return the work for revision, stating the reason.

9.5. The number of revision requests is limited by a parameter set by the Platform.

9.6. The current configuration of the Platform uses a limit of three revision requests.

9.7. If the Client does not take the required action within the automatic acceptance period set by the Platform, the work may be treated as accepted automatically.

9.8. The current automatic acceptance period is seven days after the work is handed over; this parameter may be changed by a technical setting of the Platform.

9.9. The parties must monitor the deadlines and the state of the Deal themselves.

9.10. Automatic recording of the outcome on the Platform does not mean that AITIZ confirms the actual quality of the work or that it conforms to the contract.

10. Electronic documents and the record of actions

10.1. So that the sequence of the parties’ actions can be confirmed, the Platform stores information about the actions taken on it.

10.2. In particular, the following may be stored:

• the fixed terms of the Deal;
• the log of changes in the state of the Deal;
• the correspondence;
• the attachments;
• the generated text of the contract;
• the version of the contract template used.

10.3. The log of state transitions of the Deal is intended to preserve the sequence of the Users’ actions.

10.4. The User acknowledges that information generated and stored by the Platform in the established manner may be used by the parties as evidence of the actions taken on the Platform and of the arrangements reached, to the extent permitted by the law of the Republic of Kazakhstan.

10.5. AITIZ does not guarantee that the existence of such information automatically proves that one of the parties to a dispute is right.

11. Catalogue and price requests

11.1. The Platform may contain information about goods and equipment published by Suppliers.

11.2. The Supplier determines, at its own discretion:

• the range of goods;
• the description;
• the availability;
• the price;
• the conditions on which the goods are provided.

11.3. The absence of a price may mean that the cost is provided on request.

11.4. When a price request is sent, the Platform provides the technical means to start an interaction between the User and the Supplier.

11.5. Once that interaction has started, AITIZ takes no part in agreeing the order, the payment, the delivery or the dispatch of the goods.

11.6. Arrangements for purchasing goods are made directly between the parties concerned.

11.7. AITIZ does not guarantee the availability of the goods, their quality, their characteristics, their price or the possibility of supplying them.

12. Settlements between Users

12.1. AITIZ is not a payment intermediary between Users.

12.2. Monetary settlements between the Client and the Contractor, and between the buyer and the Supplier, are made directly between the parties concerned.

12.3. AITIZ does not receive money in payment for work or goods.

12.4. AITIZ does not hold Users’ money.

12.5. AITIZ does not guarantee that one party will pay the other.

12.6. Each party is responsible for meeting its own tax and other obligations established by law.

12.7. Users themselves determine the legal status of, and the way of documenting, the relations between them in accordance with the law of the Republic of Kazakhstan.

13. Reviews and rating

13.1. A review may be left only by a participant in a completed Deal, after the work has been accepted.

13.2. Each party to a Deal may leave one review about the other party.

13.3. Once published, a review cannot be changed by its author.

13.4. A review is not deleted. AITIZ may hide a review if it breaches the requirements of this Offer or of the law of the Republic of Kazakhstan. Hiding is reversible and the reason for the decision is retained.

13.5. The User is responsible for the content of the review they leave.

13.6. A review must not contain:

• knowingly false information;
• threats;
• insults;
• personal data of third parties without a lawful basis;
• unlawful advertising;
• material prohibited by the law of the Republic of Kazakhstan.

13.7. The party that has been reviewed may leave one reply to the review.

13.8. Once published, the reply likewise cannot be changed.

13.9. A User’s rating is a calculated figure based on reviews and scores; it is not a guarantee of the quality of the work, of the User’s good faith or of their financial reliability.

13.10. AITIZ does not confirm the accuracy of every statement contained in Users’ reviews.

14. Deleting an account

14.1. A User may initiate deletion of their account directly through the functionality of the Platform.

14.2. An account cannot be deleted before outstanding Deals are completed, where the Platform imposes such a restriction.

14.3. When an account is deleted, the User’s personal information provided for by the Platform is deleted or anonymised.

14.4. Information needed to preserve the history of relations between other participants in Deals, including published reviews and the history of Deals, may be retained in anonymised form.

14.5. After an account is deleted, retained reviews and the history of Deals are shown without a link to an active User profile, including with the label “Deleted user”.

14.6. Certain technical information may be stored for the periods set out in the Privacy Policy.

15. Intellectual property

15.1. The exclusive rights to the Platform’s software, its interface, design elements, structure and other results of intellectual activity belonging to AITIZ are held by AITIZ or are used on a lawful basis.

15.2. The User is granted a limited right to use the Platform for its intended purpose.

15.3. The User may not copy, decompile, modify, distribute or otherwise use the software part of the Platform beyond what is permitted by law and by this Offer.

15.4. The User retains the rights to the content they publish, to the extent provided by law.

15.5. By publishing content on the Platform, the User grants AITIZ the right to store, reproduce and display that content technically, solely to the extent necessary for the Platform to function, for information to be shown to other Users and for this agreement to be performed.

16. The User’s obligations

16.1. The User must:

• comply with the law of the Republic of Kazakhstan;
• provide accurate information;
• not use another person’s account;
• not take actions aimed at disrupting the operation of the Platform;
• not distribute malicious software;
• not use the Platform for fraud;
• not publish unlawful content;
• not infringe the rights of third parties;
• perform, on their own, the obligations under contracts concluded with other Users.

16.2. The User is responsible for the lawfulness of the work, goods and services they offer, including the need to obtain licences, permits and other documents.

17. Liability of AITIZ

17.1. AITIZ provides the Platform as a technological tool for interaction between Users.

17.2. AITIZ is not responsible for the acts or omissions of Users.

17.3. AITIZ is not responsible for:

• the quality or the result of the work;
• failure to meet deadlines;
• failure to perform monetary obligations;
• refusal to pay;
• goods of inadequate quality;
• the absence of goods;
• breach of delivery terms;
• damage caused by Users to one another;
• the accuracy of information published by Users;
• whether the Contractor holds the necessary qualifications, licences or approvals;
• the content of Users’ correspondence.

17.4. AITIZ does not guarantee uninterrupted and error-free operation of the Platform.

17.5. Temporary unavailability of the Platform may be caused by maintenance, equipment failure, network failures, the actions of third parties or other circumstances.

17.6. AITIZ takes reasonable technical measures to keep the Platform operational and to protect the information it contains.

17.7. The limitations of AITIZ’s liability apply to the extent permitted by the mandatory rules of the law of the Republic of Kazakhstan.

18. Disputes between Users

18.1. All disputes about the performance of the contract between the Client and the Contractor are resolved directly by the parties concerned.

18.2. AITIZ is not an arbitrator of such disputes.

18.3. AITIZ may provide a User with information from the Platform relating to the Deal concerned, where the law and the data processing terms permit this.

18.4. A User may contact AITIZ support with technical questions about the operation of the Platform.

18.5. Contacting AITIZ does not replace the dispute resolution procedure provided by law or by the contract between the Users.

19. Termination of access

19.1. AITIZ may restrict a User’s access to particular features of the Platform, or terminate their access, in the cases provided by law or by this Offer, or where necessary to protect the Platform and other Users.

19.2. The specific procedure for blocking and for appealing against a block may be set out in separate rules of the Platform.

19.3. A User may not demand restoration of access where its termination is connected with a breach of the law or of this Offer, to the extent permitted by law.

19.4. Termination of access to the Platform does not release the User from obligations to other Users that had already arisen.

20. Personal data

20.1. Users’ personal data is processed in accordance with the law of the Republic of Kazakhstan and with AITIZ’s separate Privacy and Personal Data Processing Policy.

20.2. The Privacy Policy forms an integral part of this Offer as regards the processing of personal data.

20.3. The User must read the Privacy Policy before using the Platform.

20.4. AITIZ processes only the data necessary for the Platform to function, for obligations to be performed, for security, for restoring access and for the other lawful purposes set out in the Privacy Policy.

20.5. AITIZ does not require Users to provide an individual identification number (IIN), copies of identity documents or payment details for ordinary use of the Platform.

20.6. A User’s phone number and email address are not shown to other Users through the Platform profile.

20.7. The address of the site is disclosed to the Contractor only after the terms of the relevant Deal are confirmed.

21. Notifications

21.1. AITIZ may send the User technical notifications related to the use of the Platform.

21.2. Such notifications include, in particular:

• receipt of a bid;
• selection of a Contractor;
• handover of work;
• acceptance of work;
• return for revision;
• a price request;
• a Supplier’s reply;
• acceptance of an offer;
• receipt of a review;
• moderation results.

21.3. Push notifications may be sent through the technical services used by the Platform.

21.4. Email is used, in particular, for restoring access.

21.5. The current version of the Platform sends no marketing mailings.

22. Changes to the Offer

22.1. AITIZ may change this Offer in connection with changes in the law, in the functionality of the Platform, in the way it operates or in other circumstances.

22.2. A new revision of the Offer is published on the Platform or is otherwise brought to the attention of Users.

22.3. For material changes AITIZ may provide for an additional notification of Users.

22.4. Continuing to use the Platform after a new revision comes into force means that the User accepts the changed terms, in the manner permitted by law.

23. Force majeure

23.1. The parties are released from liability for failure to perform obligations where that failure is caused by circumstances of force majeure that arose after the agreement was concluded and are outside the reasonable control of the party concerned.

23.2. Such circumstances may include extraordinary and unavoidable events, including natural disasters, infrastructure accidents, acts of state authorities, military action, mass failures of communication networks and other circumstances meeting the requirements of the law of the Republic of Kazakhstan.

24. Resolving disputes with AITIZ

24.1. A User may send AITIZ an enquiry on matters relating to the operation of the Platform.

24.2. A claim is sent to the email address: yerkesh@aitizglobal.com.

24.3. It is recommended that a claim state:

• the User’s name;
• the email address of the account;
• a description of the problem;
• the date and time of the event;
• the number or other identifiers of the Deal, if any;
• what the User is asking for.

24.4. AITIZ considers enquiries within a reasonable time, having regard to the nature of the enquiry and the requirements of the applicable law.

24.5. If a dispute cannot be settled by contacting AITIZ, it is to be resolved in accordance with the law of the Republic of Kazakhstan in the competent court of the Republic of Kazakhstan.

24.6. This clause does not limit the rights granted to the User by the mandatory rules of the law of the Republic of Kazakhstan.

25. Language

25.1. This Offer may be provided in Russian and in Kazakh.

25.2. When preparing both language versions, AITIZ ensures that they correspond to each other.

25.3. Where the language versions differ, the version identified in the Platform interface as taking priority applies, if such priority is established at the time the document is published.

26. Final provisions

26.1. This Offer comes into force when it is published on the Platform, unless the Offer itself states otherwise.

26.2. The invalidity of a particular provision of this Offer does not render the remaining provisions invalid, unless the law of the Republic of Kazakhstan provides otherwise.

26.3. The User may not transfer their rights and obligations under this Offer to third parties without AITIZ’s consent, except in the cases provided by law.

26.4. AITIZ may engage third parties for the technical operation of the Platform.

26.5. Use of the Platform means that the User has read the rules of its operation and undertakes to comply with this Offer.

27. AITIZ details