OFFER of Globe media LLP
(offer of Globe media LLP to conclude the contract remotely)
1.DEFINITION OF TERMS
1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Agent, addressed to the undefined circle of individuals, to conclude the contract with the Agent remotely (hereinafter referred to as the “Contract”) on terms included into this Offer, including all Appendices.
1.2. Agent is LIMITED LIABILITY PARTNERSHIP GLOBE MEDIA.
1.3. Principal is an individual, a private entrepreneur or a legal entity, who was registered on the Website, and who renders to the Clients, attracted by the Agent, services for holding excursions, events, lease of the movable property, and other services, indicated by the Principal on the Agent's Website, in accordance with the terms hereof, and who accepts the terms of this Contract.
1.4. Client is a third party, who was attracted by the Agent for performance of this Contract, with purpose of rendering services by the Principal.
1.5. Website http://globe4all.net/ (hereinafter — “Website”) is the system of web pages, connected with each other, located in the Internet at the following address: https://globe4all.net/en.
1.6. Order — a request placed by the Client by means of the Website tools for rendering services by the Principal in accordance with the terms, indicated by the Principal on the Agent’s Website.
1.7. Reply to the Order is a message sent by the Principal to the Client with confirmation of the Order execution or refusals in rendering services, indicated in the Order.
1.8. Principal’s personal account is a register entry of the Website, which stores the data of the Principal, history of operations performed by the Principal, which also allows the Principal to monitor coming of payments for services from the Clients, which have been completed with the Agent's assistance, getting orders from the Clients by means of the Agent, getting access to other functional opportunities (services) of the Website and which is the source of information for the Principal in order to confirm and refute the commissioning of these actions on the Website or in relation to the Client and/or the Agent. The Agent submits access to the Principal’s personal account for the Principal, after it gets a Request from the Principle.
1.9. Agent’s remuneration is the amount of the Principal’s payment to the Agent for actions taken by the Agent, indicated herein.
1.10. Accept of the offer is complete and unconditional acceptance of the terms of the offer through performing actions indicated in the clause 2.1 of this Offer. Accept of the offer means conclusion of the Contract in the order considered by the article 438 of the civil code of the Republic of Kazakhstan (hereinafter – CC RK).
1.11. Request is the process of the Principal's registration by means of the section of the Website: https://globe4all.net/en/signup, with purpose of concluding a Contract with the Agent and including the input of the following data: name, surname, patronymic (if available), Name of the organization (if the request is placed by the representative of the legal entity), phone number, city for the services rendering (or several), language of the services rendering (or several), brief CV, minimum time interval submitted or price for services per hour, e-mail.
2. GENERAL PROVISIONS
2.1. Placement of the Request means that the Principal fully agrees with the terms hereof, accepts them and concludes a Contract with the Agent.
2.2. The terms of the Contract can be changed anytime by the Agent at its sole discretion, without notification of the Principal, the changes of the Contract terms enter in their force when the introduced changes are published on the Website. The Principal is liable independently to monitor the changes of the Contract terms.
2.3. The term of the Offer validity is not limited, if otherwise is not indicated on the Website.
2.4. The Agent gives the Principal full and authentic data on the terms of the Contract performance, in scope, which is required in accordance with the current legislation of the Republic of Kazakhstan.
2.5. The applicable law under the Contract is the law of the Republic of Kazakhstan. Relations of the Parties hereunder are governed by the legislation of the Republic of Kazakhstan, the Contract, and customs of the business ethics.
2.6. The Parties consider the exchange of the electronic documents and messages from the phone numbers, indicated in the Request or by e-mail to be equal to the exchange of documents with the own-written signatures, and in this case, such documents are considered to be signed by the simple electronic signature.
2.7. The Principal acknowledges that it is the only person who has access to the e-mail addresses and Principal’s personal account, phone numbers indicated in the Request.
3.SUBJECT MATTER OF THE CONTRACT
3.1. The Agent is liable, on behalf of, and at the expense of the Principal, to perform the following actions:
- to attract the Clients to the Principal using the Website, with purpose of rendering services by the Principal;
- to find and give the Principal Orders for the Principal's services by means of the Website tools;
- if required, to accept to its settlement account monetary funds from the Principal's Clients for the Principal's services;
- to give the Principal monetary funds obtained from the Clients, in the order stipulated herein, except for the Agent's remuneration;
3.2. The Agent is not a commercial representative by the meaning of the art. 184 civil code of the Republic of Kazakhstan (hereinafter – CC RK).
4.AGENT'S REMUNERATION AND EXPENSES
4.1 Agent's remuneration
4.1.1. The Agent's remuneration for the order hereunder is a commission from the transaction amount concluded between the Principal and the Client, who was attracted by the Agent when performing this Contract and equals:
- 20% from the amount of the transaction concluded between the Principal and the Client for tours and events;
- 20% from the amount of the transaction concluded between the Principal and the Client for excursions, transfer, rental and online events;
- any activities for which the Principal does not receive any funds from the Client are placed free of charge.
The Agent's remuneration may not be lower than EUR 15 of the amount of the completed Transaction. The Agent’s remuneration is not levied with VAT due to application of the simplified taxation system (clause 2. art. 346.11, taxation code of the Republic of Kazakhstan (hereinafter – TC RK)).
4.1.2. The Agent withholds the amount of its remuneration, which is stipulated in the clause 4.1.1. of this Contract, from the amounts, obtained from the Clients, who were attracted during performance of this Contract.
4.1.3 The settlements under this Contract are executed by bank transfer.
4.1.4. By calculation of the Agent's remuneration, those amounts are taken into account, which were obtained in cash by the Principal from the Client attracted by the Agent during performance of this Contract.
4.1.5. Commissions of all payment systems and banks on settling all payments hereunder, expenses for arrangement of notification, and also other expenses necessary for the Agent to perform the order, shall be paid by the Principal independently and at its own expense or shall be compensated by it in favor of the Agent in their full scope upon its request.
4.2. Compensation of the Agent's expenses
4.2.1. Expenses incurred by the Agent due to performance of the Contract shall be confirmed by the Agent's reports about performance of the order.
4.2.2. The Principal is liable to compensate the Agent's expenses within 5 (five) days from getting the Agent's report since the order is completed.
5. RIGHTS AND LIABILITIES OF THE PARTIES
5.1. The Agent shall:
5.1.1. Commit actions, indicated in the clause 3.1. of the Contract, required for performing of the liabilities stipulated herein.
5.1.2. In case if the Principal sends a positive Reply to the Client’s Request, the Agent by means of the Website functions sends to the Client a negotiated time for the services rendering, and also the place and contact details of the Principal, and the Agent sends to the Principal contact details of the Client.
5.2. The Principal is entitled:
5.2.1. When concluding the Contract, the Principal gets an opportunity to place on the Website its own products (types of services rendered, with indication of terms of services rendering, i.e.: name, city (cities), content (text part), photos, duration, if it is possible to take from the hotel or from the indicated place, price for the service – if the service is rendered free of charge - then "0" is placed, you should indicate, what is included and what is not included in the service).
5.3. The Principal shall:
5.3.1. Use the Website only in accordance with the current legislation of the Republic of Kazakhstan, in accordance with its direct purpose, and study all terms of the Contract independently.
5.3.2. In case of refusal to perform this Contract, notify the Agent of these contact details indicated on the Website and/or in the Contract.
5.3.3. Provide the Agent with the necessary information and documents for appropriate performance of the Agent's order in accordance with this Contract.
126.96.36.199. Not publish its contact details (contact phone number, email, skype and other data) in the text, images and other informational objects published on the Website, except for the cases, indicated in the clause 1.11. and clause 5.2.1. of the Contract, and not to get its contact details from the Clients. The Principal may not post links to any third-party Internet resources on the Site.
5.3.4. Not claim to be any other individual, for example, full name of the person, or his/her photo image, and also not offer services on behalf of legal entities, without having sufficient powers for it.
5.3.5. Not indicate in the Principal's personal account the data of the other person, who renders the services to clients, attracted by the Agent.
5.3.6. When getting a Request from the Client, the Principal shall review the Request and within 1 working day send to the Client a Reply to the Request about acceptance with indication of the respective details of the service, or about rejection of the Request with indication of the reason. In case if the Principal confirmed the possibility of immediate confirmation of the service (excursions, leases, etc.), by means of the Website tools – in this case, it shall, within 5 (five) minutes, send to the Client a Reply to the Request with indication of all required terms of the service rendering (date, time, place, price, etc.).
5.3.7. In case of positive Reply to the Client's Request, the Principal shall render the services within the indicated terms (date, time, place, etc.) with performance of all terms of service rendering indicated on the Website by the Principal.
5.3.8. Render services to the Clients attracted by the Agent in accordance with the price indicated on the Website at the moment of sending the Order by the Client.
5.3.9. In case if the price for the Principal's services changes, the Principal shall immediately notify the Agent about it in order to introduce these changes on the Website. Before a new price for the services is published on the Website, the Principal shall render services to the Clients at the price, indicated on the Website or not accept Orders from the Clients. The cost of services indicated on the Website cannot be higher than the cost of services indicated on the websites of the Principal and other partners, its communities in social networks, etc.
6. TERMS AND CONDITIONS OF ORDER PERFORMANCE BY THE AGENT
6.1. The Agent shall start performing the order since the date when the Contract is concluded between the parties. The final term of the order performance is defined by the date when the Contract becomes invalid.
6.2. This contract includes the power of attorney for performing the actions by the Agent indicated in the clause 3.1. of the Contract, i.e. the Principal entrusts the Agent to commit on behalf of the Principal actions, indicated in the clause 3.1. of the Contract.
6.3. All data on Replies to Requests, and about the quantity of the Requests are reflected by the Agent in the Principal's personal account. The reflection of the data in the Principal’s personal account indicated in this clause is considered the Agent’s report.
Upon the written request from the Principal, the Agent sends the Agent’s report to the e-mail address of the Principal, indicated in the Request.
6.4. The Principal who got the Agent’s reports and has objections against them, shall inform the Agent about its objections within 1 (one) day from the day of the report obtaining. If the Principal does not send any objections within the indicated term, the Agent's report is considered accepted, and the Agent's obligations related to performance of the order for the accounting period are considered completed to full extent stipulated by the Agent's report.
6.5. The Agent’s order in respect of attraction of each client is considered performed if the Principal accepts the request by means of the Website, and the Agent accepts the full or partial payment for the Principal's services from the Client to its settlement account.
6.6. The Agent shall pay to the Principal the amount obtained from the Clients, upon performance of this Contract, except for the amount of the Agent's remuneration indicated in the clause 4.1.1. hereof, within the following term: not later than 5 (five) business days from the date of the end of the accounting period. The accounting period exclusively for purposes of this clause is a calendar month. The Agent shall pay the Principal the amount by bank transfer in accordance with the details indicated by the Principal in the Principal's personal account.
7. PERSONAL DATA TRANSFER AND PROCESSING
For purposes of the Contract performance, the Principal, in concluding the Contract and giving its personal data, expressly declares the following:
7.1. Hereby I transfer my personal data to the Agent and express my consent for its processing using the automation devices or without use of such devices (including collection, signing, systematization, accumulation, storage, detailing (update, change), extract, use, transfer (distribution, delivery, access), depersonalization, blocking, cancellation, removal) of my personal data, including, but not limited to, passport details, full name, place of residence, birth date, cell/city phone number, driver's license data, other data, and also performing any other actions with the Personal data submitted in compliance with the current legislation.
7.2. Hereby I express my consent for delivery by the Agent of my Personal data to the third parties with the right to process the transferred Personal data without getting any additional consent to such transfer.
7.3. I am notified about the possibility of recalling my consent by means of sending a written application to the Agent. The consent is considered to be recalled upon the expiry of 30 (thirty) calendar days from the date of getting the respective application by the Agent.
8. RESPONSIBILITY OF THE PARTIES
8.1. Each of the parties shall compensate the other party losses caused by non-performance or inappropriate performance of its liabilities.
8.2. In case if the Principal violates the terms of the Website use, the Agent is entitled, at its sole discretion, to refuse from performance of the Contract and demand compensation of the actual loss caused by the termination of this Contract.
8.3. The Agent is not responsible for, and does not compensate any losses, including any damages, direct or indirect, caused to the Principal or any third parties as a result of use of, or impossibility to use the Website, its separate components and/or functions, including losses caused by:
- absence of connection,
- malicious software,
- viruses or any other uncertainties, or incomplete data.
8.4. The Principal bears personal administrative, criminal, material responsibility for violation of the current RF legislation and other breaches, damages, incurred loss when rendering services to Clients.
8.5. Responsibility before the Clients for the quality of the services rendered is completely borne by the Principal, as a person who renders services. In no circumstances, the Agent holds responsible due to and/or upon result of rendering services, delivered by the Principal or any actions, behavior and/negligence from the Principal's part. Any complaints against services rendered by the Principal, as a person who renders the services, shall be addressed only to the Principal.
8.6. The Agent is not responsible for the consequences of incomplete and/or unreliable information in accordance with the Request, which has come from the Client.
8.7. The Agent may moderate materials of the Principal before placing them on the Website, as for offensive or unethical expressions, slips, errors, etc. and reserves the right to refuse from placing materials of the Principal without explanation.
8.8. When placing materials on the Website (including comments), it is prohibited to express racial, national and religious animosity, promote terrorism, extremism, drugs and other topics, which are incompatible with the widely accepted laws of morality and decent. It is prohibited to humiliate a human dignity in a social, racial, national, religious, sexual, language and any other aspects of communication. Offense to culture, traditions and other national values of any folk or country is prohibited.
8.9. It is not permitted to publish on the Website those services, which are related to the delivery of services of sexual nature.
8.10. If all materials placed by the Principal do not meet the clauses 8.7., 8.8., 8.9. of the Contract, the Agent is entitled to terminate the access of the Principal into the Principal’s personal account.
9.DISPUTE RESOLUTION AND FINAL PROVISIONS
9.1. Pre-court (claim) order of dispute resolution:
9.1.1. Before setting the claim occurred out of the Contract, the party who understands that its rights are violated (hereinafter – the concerned party), shall send the written request to the other party.
9.1.2. The claim should contain the requirements of the concerned party and their grounding with indicated legislation standards violated by the other party and (or) Contract terms. The copies of the documents which confirm the circumstances indicated in it, shall be attached to the claim.
9.1.3. The party who received the claim shall review it and send a written motivated reply to the other party within 15 (fifteen) days from the date of the claim receipt.
9.1.4. The concerned party is entitled to send the dispute for consideration upon the expiry of 20 (twenty) days from the date of the claim dispatch.
9.1.5. The disputes occurred in connection with the Contract shall reviewed by the court in accordance with the current legislation.
9.2. This Contract is valid within one year from the date of its conclusion. In case if neither party declares 30 (thirty) days before the end of the validity of this Contract about its desire to prolong the Contract, this Contract is considered prolonged for one year on the same terms. The number of prolongations is unlimited.
9.3. The Contract comes into its force and becomes binding for its parties from the date of its signing.
10.AGENT'S BANK DETAILS
Globe media LLP: Bank Center Credit JSC, branch in Almaty, Kazakhstan, Bank BIC: KCJBKZKX, Corr. account: KZ218562203216792754
Postal address for correspondence: 050046, Brusilovskogo str., 247a, 62 Almaty, Republic of Kazakhstan
E-mail for communication: firstname.lastname@example.org
Contact phone number for communication: +7 705 365 7137
Agreement on the use
of materials and services from the Internet-website
This agreement is a public offer and it defines the terms of using the materials and services placed on the website in the Internet at: www.globe4all.net, by visitors and users of this Internet-website (hereinafter referred to as the “Website”).
1. Terms and definitions.
1.1. The Public offer (hereinafter referred to as the “Offer”) is a Public Offer of the Website Owner, addressed to the uncertain circle of individuals, to conclude a contract with the Agent remotely (hereinafter – the “Contract”) on the terms contained in this offer.
1.2. The Website Owner is GLOBE MEDIA LIMITED LIABILITY PARTNERSHIP.
1.3. Contractor is an individual or private entrepreneur, or a legal entity registered on the Website who renders services to the users for holding excursions, events, lease of movable property, and other services indicated by the Contractor on the Website.
1.4. User is any person who uses the Website with the purpose of sending to the Contractor a Request for rendering Services or with any other purpose.
1.5. Website http://globe4all.net/ (hereinafter referred to as the “Website”) is a system of webpages linked with each other, located in the Internet at the following address: http://globe4all.net.
1.6. Order is a request placed by the User by means of the Website tools for rendering Services by the Contractor, in accordance with the terms indicated by the Contractor on the Website.
1.7. Reply to the Order is a message received by the User from the Contractor with the confirmation of the Order execution or refusal from rendering the services indicated in the order.
1.8. User’s personal account is an account record of the Website which stores the information about the User, history of operations performed by the User.
1.9. Accept of the offer is complete and unconditional acceptance of the terms of the offer through performing actions indicated in the clause 2.1 of this Offer. Accept of the offer means conclusion of the Contract in the order considered by the article 438 of the civil code of the Republic of Kazakhstan (hereinafter – CC RK).
2. General terms
2.1. This website was created to enable Users to search the Contractors of the Services.
2.2. Use of the Website materials and services is regulated by the standards of the current legislation of the Republic of Kazakhstan.
2.3. To get access to the Website materials, the User shall perform the following actions:
- to register on the Website and complete the electronic registration form.
2.4. When getting access to the Website materials and after passing the procedure of registration, the User is considered to have joined this Contract.
2.5. The User can use the Website materials and the services introduced on the Website as follows: study the materials introduced on the Website, search for Contractors, send orders to the Contractors, make the payments for the Contractors' services.
3. User's liabilities
3.1. The User shall not commit actions and not leave comments and records which may be regarded as violating the Republic of Kazakhstan legislation or standards of the international law, including in the sphere of the intellectual property, copyrights and/or adjoining rights, widely accepted standards of morality, and also any other actions which lead or may lead to violation of normal functioning of the Website and its services.
3.2. Use of the Website materials without consent of the title holders is not permitted.
3.3. When citing the Website materials, including protected author's works, User should use the link to the Website.
3.4. The Website Owner is not responsible for visit and use by the User of external resources, the links to which can be held on the Website.
3.5. The Website owner is not responsible for, and does not have any direct or indirect liabilities before the User due to any possible or occurred losses or damages related to any Website content, registration of the copyright and data on such registration, goods and services available for, or acquired via external websites or resources, or any other user's contacts which they entered using the information or links to external resources published on the Website.
3.6. The User agrees that the Website Owner is not responsible and does not have any liabilities due to the advertising which can be placed on the Website.
3.7. The User agrees that the Website Owner is not a Contractor, is not responsible for appropriate rendering of services by the Contractor, does not have any rights or liabilities related to the arrangement concluded between the Contractor and the User by means of the Website.
3.8. The User agrees that the Website Owner exclusively gives an opportunity for the User to search for the Contractors and send an Order to them.
3.9. The User does not have any right to give the Contractor his/her contact details, and also get from the Contractor his/her contact details before the payment for the services of the Contractor or before the confirmation from the Contractor is obtained that the service is rendered free of charge. In case if the terms of this clause are violated, the Website owner is entitled to terminate the contract at its sole discretion with a written notification of the user and to terminate provision of access to the Website for the User.
4. Order of the Website use.
4.1. Search of the relevant Contractor of the services on the Website is performed by the User independently by means of the Website tools.
4.2. On choosing the relevant Contractor for the services, the User sends the Order to the Contractor with pressing the button “Record”, which is available on the Website and pays for the services of the Contractor by means of the Website functions.
4.3. Until the services of the Contractor are paid, the User is entitled by means of the Website functions to select the date for the services rendering by the Contractor from those available. The information about the available dates for service rendering is submitted on the Website.
4.4. To confirm the Order, the User must pay for the Contractor’s services soon after selecting the date of the service rendering for the Contractor or get the confirmation that the user gets the service free of charge if such service is rendered by the Contractor free of charge.
4.5. The receipt of payments on the Website is provided with the processing center Payler (Payler LLC) — an official service provider for VISA and MasterCard. To make the online payment, User can use banking cards MIR, Visa, MasterCard, etc.
4.6. After the payment for the Contractor’s services or confirmation that the free of charge service is booked, the contact details of the service Contractor will be given to the User by e-mail, and the User's contact details will be given to the service Contractor for direct contact.
4.7. The free of charge cancellation of the service booking is possible not later than 30 days before the agreed time for the start of the service rendering, if the description of the excursion, tour and/or etc. doesn’t contain different information. In this case, the paid price for the Contractor’s services is returned to the User to its full extent on that very card, from which the payment was made. If the booking is cancelled less than 30 days before the agreed time for the start of the service rendering (if the description of the excursion, tour and/or etc. does not contain different information), the booking price is not returned.
4.8. Free cancellation of the ticket booking, lease of rehabilitation devices is not performed — when, on booking the tickets, the User agrees that they are not returned.
5. Personal data transfer and processing.
To perform this Contract, the User, when concluding the Contract and giving his/her personal data, expressly declares the following:
5.1. Hereby I give the Website Owner my Personal data and express my consent for their processing by means of the automation devices or without use of such devices (including collection, record, systematization, accumulation, storage, detailing (update, change), extract, use, transfer (distribution, submission, access), depersonalization, blocking, removal, destruction) of my personal data, including, but not limited to, passport data, full name, place of residence, birth date, cell phone/landline number, driver's license data, other data, and also committing any other actions with the Personal data submitted in accordance with the current legislation.
5.2. Hereby I express my consent for the transfer by the Website Owner of my Personal data to third parties with submission of the right to process the transferred Personal data without getting additional consent for such processing.
5.3. I am notified of the possibility of recalling my consent by means of sending a written application to the Website Owner. The consent is considered to be recalled upon the expiry of 30 (thirty) calendar days from the date when the Agent gets the respective application.
6. Other terms
6.1. All possible disputes occurred out of this Contract or related to it subject to settlement in accordance with the current legislation of the Republic of Kazakhstan.
6.2. If the court acknowledges any Contract provision to be invalid or not subject to any mandatory performance, it does not influence the validity of any other Contract provisions.
6.3. Omission to act from the part of the Website Owner in case of violation by any User of the Contract provisions does not limit the right of the Website Owner to commit later respective actions to protect his interests and protect the copyright for the protected Website materials in accordance with the legislation which can be expressed, including, but not limited to, termination of access for the User to the Website.
6.4. The Website Owner is entitled at any time in his sole discretion to change the terms of the present Contract. Such changes come into their force from the date when the new version of the Contract is published on the Website. If the User does not agree with the introduced changes, he/she shall not access the Website, stop using the Website materials and services.
6.5. The Website owner is not responsible for, and does not reimburse any losses, including any damage, direct or indirect, caused to the User or third parties as a result of use or impossibility to use the Website, its separate components and/or functions, including the losses, caused by:
- absence of communication,
- malicious software,
- viruses or any discrepancy, or incomplete information.
7. Bank details of the Website Owner
Globe media LLP: Bank Center Credit JSC, branch in Almaty, Kazakhstan, KZ218562203216792754, BIN 220440042966, BIC: KCJBKZKX
Postal address for correspondence: 050046, Brusilovskogo str., 247a, 62, Almaty, The Republic of Kazakhstan
Contact e-mail: email@example.com
Contact phone number: +7 705 365 7137