1 General Provisions

1.1. This User Agreement (hereinafter: Agreement) regulates relationships between the Owner, Administrator and User of e-Government web-portal and the components thereof.

1.2. This Agreement contains the following concepts:

• 1) e-Government Web-portal (hereinafter: Portal) shall mean the information system which is a single access point to all consolidated governmental information including legal framework, and to the public services that are delivered in electronic format;
• 2) Portal components shall mean the parts of Portal focused on the delivery of certain electronic services and information;
• 3) e-Service (hereinafter: Service) shall mean the delivery of informational, interactive and transactional services to legal entities and individuals using information technologies;
• 4) Owner of Portal and its components (hereinafter: Owner) shall mean an authorized agency for infomatization;
• 5) User of the Portal and its components (hereinafter: User) shall mean any individual or a legal entity who has accepted the terms and conditions of this Agreement, has been registered on the Portal and in the components thereof, and is using the Portal’s and its components’ services for obtainment of digital information resources, information or the interactive public services based on the applicable legislation of the Republic of Kazakhstan;
• 6) Administrator of the Portal and its components (hereinafter: Administrator) shall mean National Information Technologies Joint Stock Company;
• 7) Service Provider shall mean the Republic of Kazakhstan’s central governmental agencies and foreign establishments, local government agencies of regions, cities of republican status, capital city, districts, cities of regional subordinance, akims of districts within the cities, cities of district subordinance, townships, villages, rural districts, as well as individuals and legal entities that provide public services in accordance with legislation of the Republic of Kazakhstan;
• 8) short text message (hereinafter: SMS-message) refers to the service, provided by mobile operator on the acceptance and transfer of information through mobile operation;
• 9) Mobile Government refers to a Portal component, an information system that provides access to public Services in electronic format and to other Services provided in electronic format through mobile technologies and Internet;
• 10) PUSH refers to pop-up short notices of mobile application for Mobile Government users which emerge on mobile phone’s screen and inform of the important events and updates;
• 11) mobile application shall mean the software installed and launched on User’s mobile devise and giving access to public services and other ones provided via Mobile Government in electronic format through mobile operation or Internet.
• 12) Service delivery entity shall mean an individual or a legal entity that provides e-Services via the Portal.
• 13) Digital Signature (hereinafter: DS) refers to a set of electronic digital characters created by the digital signature facilities and confirming the authenticity of an electronic document, its ownership and the content’s integrity;

1.3. All other terms and definitions used in the present Agreement shall be interpreted in accordance with the applicable laws of the Republic of Kazakhstan.

2 Subject of Agreement

2.1.This Agreement is a public offer. When a User gets access to the materials of Portal or its components, he/she shall be deemed as joined and accepted all terms and conditions of this Agreement.

2.2. The Administrator shall have the right - with consent of the Owner - to change the conditions of this Agreement at any time on a unilateral basis. Such changes shall become operational after 3 (three) days since the date of placement of the Agreement’s new version on the Portal, with this new version superseding the previous one.

2.3. If User does not agree with changes he/she must withdraw from access to the Portal and its components and stop using materials and services of the Portal and its components.

2.4. Usage of the Portal components shall be carried out by the User in line with the user guide contained in his/her Personal Account on the Portal.

2.5. Service delivery through SMS messages, the receiving of notifications, including those of informational nature, in SMS format are payable services and must be paid from User’s telephone balance. Cost of SMS-message is charged under User’s current billing plan. PUSH-notifications are free of charge.

2.6. The responsibility for validity of data obtained via the Portal and its components shall be borne either by Service provider or by the Service delivery Entity.

2.7. The email address indicated by User in the registration form on the Portal is intended for getting notifications in the following cases:

• 1) if the User is subscribed for getting official notifications;
• 2) for password recovery, or for getting a temporary password;
• 3) for getting a newly generated password.

2.8. By signing this Agreement, User gives his/her written consent to collection, processing, storage, download and use of his/her personal data and other information submitted by User on the Portal for the purpose of service delivery via the Portal and its components, as well as for improvement of quality of the Services to be provided.

3 Rights and Responsibilities of the Parties

3.1. Owner and Administrator shall have the right to:

3.1.1. verify, as necessary, the data entered by the User;

3.1.2. refuse registration, remove or block User’s account in the event of User’s violation of this terms and conditions of this Agreement;

3.1.3. send informational notifications in SMS or PUSH format to User.

3.2. User shall have the right to:

3.2.1. get consultations and practical assistance from Administrator in terms of usage of Portal and its components through calling to the Call Center 1414.

3.3. Owner and Administrator shall be obliged to:

3.3.1. ensure confidentiality of User’s personal data through preventing disclosure thereof without User’s or his legal representative’s consent.

3.3.2. ensure operation of the Portal and its components.

3.3.3. keep secret of User access password from the third parties not related to the data sharing process, except for cases established by legislation of the Republic of Kazakhstan.

3.4. User shall be obliged to:

3.4.1. in order to get the services of Portal and its components:

• 1) have IIN (for individuals) or BIN (for legal entities).
• 2) have the active DS prior to registration, issued by the National Certification Authority of the RK used in the field of e-Government;
• 3) undergo the registration procedure.

3.4.2. submit to the Owner and Administrator the accurate and full information according to the clauses in the registration form on the Portal or in using the components thereof.

3.4.3.avoid taking actions which could be considered as violation of legislation of the Republic of Kazakhstan or of rules of international law, including intellectual property rights , copyright and/or related rights, as well as any other actions that lead, or could lead to irregularity of the Portal’s and its components’ normal operation.

3.4.4. avoid any incompliance of User’s comments and other entries in the Portal and its components with the requirements of legislation of the Republic of Kazakhstan and with generally accepted standards of morality.

3.4.5. when working on the Portal, not to represent falsely him/herself to be another person, not to use materials containing viruses or any other malicious software, and use his/her own DS.

3.4.6. not to use the Portal or any information obtained from the Portal for the purposes of terrorism, extremism, incitement of ethnic hatred and for any other purposes prohibited by laws of the Republic of Kazakhstan.

4 Liability of Parties

4.1. In the event of violation of terms and conditions of this Agreement resulting in infliction of harm to all or one of the Agreement Parties, the offending party shall bear responsibility in accordance with legislation of the Republic of Kazakhstan.

4.2. Administrator shall not be liable for temporary technical failures and downtime in the operation of Portal and its components resulting from circumstances beyond Administrator’s/Owner’s control, or in the event of performance of some scheduled or unscheduled works on the Portal.

4.3. Owner and Administrator shall not be liable for temporary failures and interruptions in the operation of telecommunication lines, or for any other similar failures, as well as for problems with computer or with a mobile device through which the User accesses the Portal and its components.

4.4. Owner and Administrator shall not be liable to User for actions of other Users, Service Providers, and any other parties of the Portal and its components.

4.5. Owner and Administrator shall not be liable for any direct or indirect damage, including lost profit, damage by use, loss of data or any other intangible losses, damage to reputation or any other damage arising from:

• 1) Users’ use or impossibility of use of the Portal or its components;
• 2) change of Agreement terms and conditions by Owner and (or) Administrator;

4.6. User shall bear full responsibility for validity of data submitted during registration on the Portal and its components, as well as for untimely updating and correction of data in the course of Portal use.

4.7. User assumes all risks and any damage arising from the provision of false information about him/herself, as well as for the transmission of his/her personal data to the third parties relating to registration on the Portal and its components, and to the usage of its components.

5 Miscellaneous

5.1. Any disputes arising between the Parties out of or in connection with this Agreement shall be settled in accordance with the applicable laws of the Republic of Kazakhstan.

5.2. Administrator’s failure to act in case of violation of the Agreement provisions by any User shall not deprive the Owner of the right to take appropriate action later in defense of its own interests and in protection of property rights and non-property ones for the Portal materials protected by laws.