Public Offer Agreement for the Provision of SaaS Service QR‑CMS (Republic of Kazakhstan)

1. General Provisions

1.1. This Public Offer Agreement (hereinafter referred to as the "Agreement", "Offer") defines the conditions for providing the SaaS service QR‑CMS (QRTO) — a cloud content management system with the ability to generate QR codes, create landing pages, manage menus, visual and text content — and is an official public proposal (offer) addressed to an unlimited number of persons, posted on the website https://qrto.kz in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan (CC RK).

1.2. The Performer under this Agreement is:

  • Individual Entrepreneur Berdyugin Alexey Evgenyevich
  • IIN: 780619301282
  • Address: Republic of Kazakhstan, Ust-Kamenogorsk, Amre Kashaubaev St. 20
  • Email: legal@qrto.kz

1.3. The Agreement regulates the relationship between the Performer and the User (an individual, IE, or legal entity) who has accepted the Offer, arising from the provision, payment, and use of the QR‑CMS SaaS service.

1.4. This Agreement is drawn up in accordance with the Civil Code of the RK, the Law of the RK "On Protection of Consumer Rights", the Law of the RK "On Informatization", the Law of the RK "On Personal Data and Their Protection", the Law of the RK "On Advertising", the Law of the RK "On Communication", as well as other regulatory legal acts of the Republic of Kazakhstan.

1.5. Acceptance of the Offer means full and unconditional agreement of the User with all the terms of the Agreement, the Privacy Policy, the Acceptable Use Policy, the Refund Policy, the Cookie Policy, and the tariffs posted on the Performer's website.

2. Subject of the Agreement

2.1. The Performer undertakes to provide the User with access to the QR‑CMS (QRTO) SaaS service via remote access through the Internet, and the User undertakes to use the service in accordance with the terms of the Agreement and pay for it (when using paid tariffs).

2.2. QR‑CMS is provided as an information and communication service (SaaS) with data placement on the servers of the TimeWeb hosting provider located on the territory of the Republic of Kazakhstan.

2.3. The list of functional capabilities, technical characteristics, tariffs, SLA, restrictions, and other conditions are posted on the website https://qrto.kz and are an integral part of the Agreement.

2.4. The Performer provides the User with a non-exclusive, limited in time and scope license to use the QR‑CMS functionality.

2.5. QR‑CMS is not intended for the placement of information prohibited by the legislation of the RK, including drugs, weapons, extremism, pornography, gambling, instructions for finding "stashes", malicious links, etc.

3. Procedure for Concluding the Agreement (Acceptance of the Offer)

3.1. The Agreement is a public offer.

3.2. The following actions of the User are recognized as acceptance:

  • registration on the website https://qrto.kz via email with mandatory confirmation;
  • agreement with the Privacy Policy and the processing of personal data;
  • payment for services (when choosing a paid tariff);
  • actual use of the QR‑CMS functionality.

3.3. The Agreement is considered concluded in writing in accordance with Article 396 of the CC RK.

3.4. The Performer has the right to change the terms of the Agreement, tariffs, and other documents by publishing a new version on the website.

4. Rights and Obligations of the Parties

4.1. Rights and Obligations of the Performer

4.1.1. The Performer undertakes to:

  • provide access to QR‑CMS within the selected tariff;
  • ensure service availability according to the SLA;
  • ensure the protection of personal data;
  • notify about technical work and security incidents;
  • provide technical support (strives for 24/7 mode, actual response time may vary).

4.1.2. The Performer has the right to:

  • suspend or restrict access to QR-CMS in case of violation by the User of the terms of the Agreement, the legislation of the RK, as well as in the event of threats to information security;
  • change the functionality, interface, structure, and other characteristics of QR-CMS with prior notification to the User, if such changes do not worsen the conditions for providing the service;
  • involve third parties to provide certain functions (TimeWeb, Robokassa, Brevo), provided that the requirements of the legislation on the protection of personal data are met;
  • require the User to provide reliable data necessary for the provision of the service;
  • terminate the Agreement unilaterally in cases provided for by legislation and this Agreement.

4.2. Rights and Obligations of the User

4.2.1. The User undertakes to:

  • provide reliable information necessary for identification and provision of the service during registration;
  • timely pay for the Performer's services in accordance with the selected tariff;
  • comply with the terms of this Agreement, the Privacy Policy, the requirements of the legislation of the RK, including regarding the placement and processing of content;
  • independently ensure the safety of their credentials (login, password), not allow their transfer to third parties, and bear responsibility for all actions performed using their data;
  • not use QR-CMS for placing, storing, transferring information prohibited by the legislation of the RK, as well as for committing illegal acts;
  • not take actions aimed at violating the operability, security, integrity of QR-CMS, as well as not carry out unauthorized access to the resources of the Performer and other users;
  • timely notify the Performer of discovered violations, security incidents, loss, or compromise of credentials;
  • perform other obligations provided for by legislation and this Agreement.

4.2.2. The User has the right to:

  • use the QR-CMS functionality within the limits determined by the selected tariff and terms of the Agreement;
  • receive advisory and technical support in the manner established by the SLA;
  • refuse the service in the manner provided for by this Agreement;
  • require the Performer to comply with the terms of the Agreement, ensure the quality and security of the service;
  • exercise other rights provided for by legislation and this Agreement.

5. Cost of Services and Payment Procedure

5.1. The cost of QR-CMS services is determined in accordance with the tariffs published on the Performer's website. Tariffs are set in the national currency of the Republic of Kazakhstan — tenge, and include all taxes and mandatory payments, unless otherwise specified in the tariffs.

5.2. Payment for services is carried out by the User in non-cash form (by bank card, electronic money, through payment systems, other methods specified on the website) on terms of 100% prepayment, unless otherwise provided by an individual agreement.

5.3. The date of payment is considered the date of enrollment of funds to the Performer's checking account or confirmation by the payment system of the successful completion of the payment.

5.4. The Performer has the right to unilaterally change tariffs, notifying the User at least 10 (ten) calendar days before the changes take effect by publishing a new version of the tariffs on the website. In case of disagreement with the changes, the User has the right to refuse the service and terminate the Agreement in the manner established by this Agreement.

5.5. In case of early refusal of the service by the User, the refund of unused funds is carried out according to the Refund Policy and current legislation of the RK. No refund is made for periods during which the service was provided and used by the User, except for cases provided for by the Law on Protection of Consumer Rights (for example, when providing a service of improper quality).

5.6. The Performer has the right to suspend the provision of the service in the presence of payment arrears.

6. Responsibility of the Parties

6.1. The parties are responsible for violating the terms of this Agreement in accordance with the legislation of the Republic of Kazakhstan and the terms of the Agreement.

6.2. The Performer is responsible for real damage caused to the User as a result of non-fulfillment or improper fulfillment of obligations under the Agreement, confirmed by relevant documents. The Performer is not responsible for lost profits, indirect, incidental, punitive damages, as well as for moral damage, except for cases directly provided for by the legislation of the RK.

6.3. In case of delay in payment, the User pays the Performer a penalty in the amount determined by the tariffs or terms of the Agreement, but not more than 10% of the amount of the arrears.

6.4. The User is responsible for:

  • timely payment for services;
  • any claims of third parties arising as a result of the use of QR-CMS by the User or third parties who gained access through the User;
  • violation of the rights of third parties (including copyright and related rights, trademark rights, trade secrets, etc.) when placing, publishing, distributing content using QR-CMS;
  • safety of their credentials and actions performed using them;
  • placement and timely updating of content on their resources created using QR-CMS.

6.5. The Performer is not responsible:

  • for the impossibility of using QR-CMS for reasons beyond the Performer's control (for example, Internet failures, actions of third parties, force majeure circumstances);
  • for the content, reliability, legality, completeness, relevance of the information placed by the User using QR-CMS;
  • for damages arising as a result of violation by the User of the terms of the Agreement, the legislation of the RK, as well as as a result of unauthorized access to the User's credentials through their fault;
  • for interruptions in the provision of the service caused by scheduled and unscheduled technical work, of which the User was notified in the established manner;
  • for blocking resources, domain names, User accounts by decision of authorized bodies or at the request of third parties, if such requests are based on law.

6.6. The limitation of the Performer's responsibility does not apply to cases of causing harm to the life, health, or property of the User, as well as to cases directly provided for by the legislation on the protection of consumer rights.

6.7. The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under the Agreement if it was a consequence of force majeure circumstances confirmed by competent authorities.

7. Confidentiality and Protection of Personal Data

7.1. The Performer undertakes to maintain the confidentiality of information received from the User during registration and use of QR-CMS, except for cases provided for by the legislation of the RK and this Agreement.

7.2. The collection, processing, storage, use, distribution, anonymization, blocking, and destruction of personal data of the User are carried out by the Performer in accordance with the Law of the RK "On Personal Data and Their Protection", the Law of the RK "On Informatization", as well as approved internal policies of the Performer for the processing and protection of personal data.

7.3. During registration and/or use of QR-CMS, the User provides the Performer with consent to the collection and processing of their personal data in the volume necessary for the fulfillment of the Agreement, provision of the service, ensuring security, as well as for the fulfillment of the requirements of the legislation of the RK. Consent is provided in electronic form, through the commission of conclusive actions (registration, acceptance of the Offer, use of the service) and is fixed in the Performer's accounting system.

7.4. Personal data of the User can be transferred to third parties only in cases provided for by the legislation of the RK, as well as in the presence of a separate consent of the User, if such transfer does not stem from the purposes of fulfilling the Agreement.

7.5. Storage and processing of personal data are carried out on the territory of the Republic of Kazakhstan, in data centers that meet the requirements of the legislation on the protection of personal data. Cross-border transfer of personal data is allowed only in the presence of the User's consent and provided that an adequate level of protection is ensured in the receiving state, or in cases directly provided for by law.

7.6. The Performer takes the necessary legal, organizational, and technical measures to protect personal data from unlawful access, modification, destruction, distribution, as well as other unlawful actions, in accordance with the approved Rules for the Protection of Personal Data and information security standards.

7.7. The User has the right to revoke consent to the processing of personal data at any moment by notifying the Performer in writing. In case of revocation of consent, the Performer stops the processing of personal data, except for cases when their storage or processing is required in accordance with the legislation of the RK or for the fulfillment of obligations under the Agreement. Revocation of consent may entail the impossibility of further provision of the service and termination of the Agreement.

7.8. The Performer undertakes not to use the personal data of the User for purposes not related to the fulfillment of the Agreement, except for cases directly provided for by the legislation of the RK.

7.9. All issues related to the processing and protection of personal data are regulated by the Performer's Privacy Policy posted on the website and relevant internal documents.

8. Procedure for Terminating the Agreement

8.1. The Agreement enters into force from the moment of acceptance of the Offer by the User and is valid until the full fulfillment by the parties of their obligations or until the moment of its termination in the manner established by this Agreement and the legislation of the RK.

8.2. The User has the right to refuse the service and terminate the Agreement at any moment by notifying the Performer through the personal account, email, or in another way that allows confirming the fact of notification. In case of early termination of the Agreement, the refund of unused funds is carried out in the manner determined by this Agreement and the legislation of the RK.

8.3. The Performer has the right to terminate the Agreement in a unilateral extrajudicial procedure in cases of:

  • violation by the User of the terms of the Agreement, the legislation of the RK, including requirements for the placed content, payment for services, information security;
  • non-elimination by the User of violations within 10 (ten) calendar days from the moment of receipt of notification from the Performer;
  • revocation by the User of consent to the processing of personal data, if this makes it impossible to fulfill the Agreement;
  • other cases directly provided for by the legislation of the RK and this Agreement.

8.4. In case of termination of the Agreement at the initiative of the Performer for reasons not related to the violation by the User of the terms of the Agreement, the Performer returns to the User unused funds minus the actually rendered services.

8.5. The obligations of the parties under the Agreement are considered terminated from the moment of termination of the Agreement, except for obligations for the protection of personal data, confidentiality, dispute resolution, and other obligations that by their nature remain in force after the termination of the Agreement.

8.6. In case of termination of the Agreement, the User is independently obliged to save all necessary data placed in QR-CMS. After 10 (ten) calendar days from the moment of termination of the Agreement, all User data are subject to deletion without the possibility of recovery, unless otherwise provided by the legislation of the RK or a separate agreement of the parties.

9. Dispute Resolution

9.1. All disputes and disagreements arising between the parties in connection with the fulfillment, modification, termination of this Agreement are resolved through negotiations and pre-trial settlement of the claim procedure.

9.2. Claims are sent in writing through the personal account, email, or in another way that allows confirming the fact of receipt of the claim. The term for consideration of the claim is no more than 15 (fifteen) calendar days from the moment of its receipt.

9.3. In case of impossibility of resolving the dispute through negotiations, the dispute is subject to consideration in court in accordance with the legislation of the Republic of Kazakhstan at the location of the Performer, unless otherwise provided by the agreement of the parties.

9.4. By agreement of the parties, the dispute can be transferred for consideration to arbitration (tribunal) in the manner established by the Law of the RK "On Arbitration". The arbitration agreement can be formalized in the form of a separate document or an arbitration clause in this Agreement.

9.5. The Performer and the User recognize the legal force of electronic documents, correspondence, notifications signed with a simple electronic signature (login/password, confirmation codes, other means of identification), as well as documents signed with an EDS, as evidence in court and arbitration, unless otherwise provided by the legislation of the RK.

10. Other Conditions

10.1. To the relations between the Performer and the User not regulated by this Agreement, the norms of the legislation of the Republic of Kazakhstan apply.

10.2. The invalidity or recognition as invalid of a separate provision of this Agreement does not entail the invalidity of the remaining provisions. In case of recognition of any provision as invalid, the parties undertake to replace it with a provision as close as possible in meaning and purpose.

10.3. All notifications, messages, documents related to the fulfillment of this Agreement are sent by the parties to each other via electronic means of communication (email, personal account, messengers, SMS), unless otherwise provided by legislation or a separate agreement of the parties. Notifications are considered received on the day of their dispatch, unless proven otherwise.

10.4. The User confirms that they are familiar with the terms of this Agreement, the Privacy Policy, tariffs, SLA, and other documents posted on the Performer's website, and accept them in full.

10.5. The Performer has the right to unilaterally change the terms of this Agreement, tariffs, SLA, the Privacy Policy, notifying the User by publishing the changes on the website. If the User does not agree with the changes, they have the right to terminate the Agreement in the manner established by this Agreement.

10.6. All rights to the QR-CMS software, design elements, databases, algorithms, as well as other objects of intellectual property used in the provision of the service belong to the Performer or its licensors. The User has no right to copy, distribute, modify, decompile, reverse engineer QR-CMS, as well as use the service in any other way not provided for by this Agreement and the legislation of the RK.

10.7. The User retains the rights to the content placed by them using QR-CMS, provided that such content does not violate the rights of third parties and the requirements of the legislation of the RK. The User provides the Performer with a non-exclusive license to use such content in the volume necessary for the fulfillment of the Agreement (for example, for storage, backup, technical support).

10.8. It is prohibited to place, store, distribute using QR-CMS information that violates the legislation of the RK, including:

  • materials promoting violence, terrorism, extremism, discrimination, pornography, gambling, drugs, suicide, as well as other information recognized as dangerous or unlawful;
  • information constituting state, commercial, official, or other law-protected secrets;
  • information violating the rights and legitimate interests of third parties, including copyright and related rights, trademark rights, personal data;
  • information the distribution of which is limited or prohibited by the legislation of the RK.

10.9. In case of detecting violations related to the placement of prohibited content, the Performer has the right to suspend the provision of the service, delete the relevant content, and if necessary, terminate the Agreement unilaterally and notify the authorized bodies.

10.10. Storage of User data is carried out during the term of the Agreement and no more than 10 (ten) calendar days after its termination, unless otherwise provided by the legislation of the RK or a separate agreement of the parties. After the specified period, all data are subject to irrevocable deletion.

10.11. All disputes not regulated by this Agreement are resolved in accordance with the legislation of the Republic of Kazakhstan.

This Public Offer Agreement is drawn up in accordance with the legislation of the Republic of Kazakhstan and is valid in the version published on the Performer's website.

Version: 3
Published at: 2026-03-24