AGREEMENT - a public offer which provides settlements through the "WEBSUM" e-payment system. "E-SERVICES HOUSE" LLC, hereinafter referred to as "the Company" on the one hand, and "User" on the other hand, collectively referred to as the "Parties" and individually as the "Party", have concluded this agreement (hereinafter the "Agreement") as follows:
1. TERMS AND DEFINITIONS USED IN THE AGREEMENT
1.1. The WEBSUM system (the "System") - is a system of software and hardware which provide information and technical interaction between the Company and the User on implementing e-payments through the Internet and / or telephone / mobile / cell communications.
1.2. Retail Payments - are e-payments wherein Vendor carrying out entrepreneurial activities is obliged to transfer the merchandise to the Vendee (or to perform work / render the service).
1.3. The Vendor - is a legal entity or an individual entrepreneur without the formation of a legal entity that sells merchandises (services) through the System in accordance with the Legislation of the Republic of Uzbekistan.
1.4. User - a legal entity or an individual who has accepted the terms of this Agreement - a public offer.
1.5. Merchandises (services) are goods and / or services offered by Vendor and purchased by Users through the System.
1.6. The WSM account unit is an e-payment facility equivalent to the Uzbek national currency, as per 1 (one) sum is 1 (one) WSM (1 WSM = 1 sum).
1.7. Deposit - a User personal e-wallet, reflecting its monetary balance in the System and used to conduct e-commerce, payment for merchandises (services).
1.8. Electronic document - information recorded in e-form, confirmed by identification data and consisting of other requisites of the e-document, which are required for the document to be identified.
1.9. Identification data (hereinafter ID) - a combination of client data: terminal, login and password.
1.10. Electronic payment (hereinafter referred to as the e-Payment) – implementation of settlements through e-payment documents with the help of the System.
1.11. Electronic payment document is an e-document composed in accordance with the System format requirements with all necessary specific information related to the payment implementation, which is equal to a financial and settlements document and has the same legal effect.
11.12. System Users Policy are mandatory instructions for the use of the System on the Company website www.websum.uz.
2. SUBJECT OF THE CONTRACT
2.1. The Company provides the User with the service for implementation of settlements through the System for merchandise payment (services) in accordance with the terms of the present Agreement.
2.2. Services provided to the User within the frame of the present Agreement - are consumed and provided for the entire duration of the Agreement.
3. THE CONCLUSION OF THE CONTRACT (OFFER CERTIFICATE)
3.1. The content of the present Agreement is a public offer in accordance with Article 367 and Part 2 of Article 369 of the Civil Code of the Republic of Uzbekistan.
3.2. The absolute and complete acceptance (acceptance) of the terms of the present Agreement, in accordance with Article 370 of the Civil Code of the Republic of Uzbekistan and Article 9 of the Law of the Republic of Uzbekistan "On E-Commerce" is the subject of the commission by the User of the following actions:
- Consent to the conclusion of the Agreement on the conditions specified in the offer by ticking the box "I have read the offer and accept its terms" on the website of the Company www.websum.uz;
- Submission by the User of an application for e-wallet registration in the System on the Company website www.websum.uz;
3.3. To avoid any doubt, the legal obtainment of the access rights to the System, or to particular services of the System (registration on the Company website www.websum.uz and the opening of the corresponding Deposit) and / or the Users payment for merchandise (services) also indicates the conclusion of the Agreement in accordance with the terms of the present Offer;
3.4. The Agreement shall be recognized as concluded at the moment of receipt by the Company, the public Offer, User Acceptance, which are stipulated in clause 3.2 of the present public Offer.
3.5. The User confirms that prior to performing the actions specified in clause 3.2. of the present public Offer, he/she fully acquainted, absolutely accept and oblige to comply with the terms of the Offer, and the conditions specified in the following compulsory documents:
- Regulations for transactions with accounting units approved by the Company;
- Regulations on the Internet-Retail Payments System "WEBSUM", approved by the Company;
- Tariffs for services provided by the Company;
3.6. The User has the right to revoke the acceptance of the present Offer prior to the completion of e-wallet register procedure on www.websum.uz by sending to the Company a notification of a revocation in the form of an e-document or an e-mail, in which the reasons for the revocation are indicated.
3.7. The Agreement is recognized as concluded at the location of the Company.
4. CONDITIONS OF CONCLUDING THE CONTRACT
4.1. The fact that the present Agreement is recognized as concluded is an acceptance of conditions (acceptance) upon online registration on the Company website.
4.2. If the Company has any doubts regarding the completeness and reliability of the information provided by the User upon online registration, as well as in case the Company receive any claims in respect to the User from the appropriate and relevant law enforcement authorities of the Republic of Uzbekistan, the Users access to the System may be temporarily blocked till the circumstances become fully clear.
4.3. User acknowledges:
4.3.1. The Company right to unilaterally amend the Regulations with prior notification "to the User at least two (2) days before the modification come into effect. Notification shall be published online http://www.websum.uz, where the User read the notification in full."
4.3.2. The e-document originated from the User, containing the details of the invoice and the User and Vendor IDs, the amount and date of payment are the subject of the User order on transferring the amount stipulated on the invoice from his/her Deposit to the Vendor Deposit in the transaction (payment document).
4.4. In case of disagreement with amendments in terms of the present Agreement, the User have to notify the Company thereof in the manner required by the Agreement prior the declared term for the entry into force of the amendments. The fact of the User disagreement with amendments in the terms of the Agreement is considered by the Company and the User as unilateral termination of the Agreement by the User.
4.5. The absence of the notification, as per paragraph 4.4, imply that the Users agree to the amendments in the terms of the Agreement and is considered by the Company and the User as the User acceptance of the Company offer to continue working under renewed conditions.
4.6. The User hereby accept the fact that the Company does not in any way operate or control data transmission networks owned by other organizations, and therefore, if such data used by the User, provides the User with services within the framework of the Agreement.
4.7. The Company is not liable for the quality of the communication lines provided by other organizations and for the operability of equipment provided by others, including transit, communication network nodes of data transmission owned by the other organizations.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Company shall:
5.1.1. Provide technical support to the User in accordance with the capabilities of the System, provided that the User complies with all the requirements and conditions of the Agreement.
5.1.2. Provide the User with security tools and confidentiality in accordance with the terms of the Agreement.
5.1.3. Suspend, renew and cancel the User Deposit according to its written request.
5.1.4. Oblige confidentiality with respect to User operations within the frame of the obligations stipulated in the Agreement, except for cases of disclosure as requested by the Legislation of the Republic of Uzbekistan.
5.1.5. Provide the User with information related to all amendments in the service regulations and tariffs by publishing the necessary information on the Company website.
5.2. The User is obliged:
5.2.1. To become familiar and comply with all the requirements set forth in the Agreement.
5.2.2. Provide full and reliable information upon registering in the System according to the terms of the Agreement.
5.2.3. To monitor messages and notifications for System Users published by the Company on the website and / or sent by e-mail to the User address. Comply with the requirements contained in these messages. Comply with the requirements contained in these messages.
5.2.4. Comply with the procedure on secure information, including taking the necessary administrative and technical measures (including the software installation to protect against the computer hackers), ensuring non-involvement of third party fraud in using the User ID in attempt to log-in the System.
5.2.5. Ensure the security of e-payment facilities and identification data and immediately inform the Company in writing in case of lost data.
5.2.6. In case of wrong crediting to the User Deposit, the money shall be transferred to the Company account within 1 (one) working day from the moment the User receives the notification from the Company regarding the matter.
5.2.7. Keep the deposit positive balance; promptly implement the due payments in accordance with the current financial conditions stipulated in the Agreement.
5.2.8. Do not top up e-wallet with financial resources received due to the crime, as well as any profit or gain derived from the use of such means.
5.2.9. Do not transfer e-wallet accounting units to any third party e-wallets in order of avoiding committing crime against the Law of the Republic of Uzbekistan
5.2.10. Use Company services for legal purposes and only legally, not shift responsibility on the Company for any damage incurred by the User or a third party in the process of the User System operation.
5.3. The Company has the right to:
5.3.1. Modify any software of the System without prior notice to the User.
5.3.2. Suspend the operation of software and / or hardware providing the proper operation of the System, in case any significant malfunctions, errors and failures occurred, and for preventive maintenance and prevention of unauthorized access to the System.
5.3.3. Reject the User to make a payment via e-account, as well as to suspend Deposit usage in accordance with the current Legislation.
5.3.4. Require the User to provide additional information regarding the User activities, in cases stipulated by the Agreement and the Legislation of the Republic of Uzbekistan.
5.3.5. Cancel the User access to both the entire System or to any part thereof without warning:
188.8.131.52. At zero balance on the User Deposit. Notification of service cancellation is considered as the warning of the zero balance status on the User Deposit
184.108.40.206. In case the User is engaged in actions that the Company reasonably considers as violation of the Norms and Regulations of the System operation, including those set out in the Agreement.
5.4. The user has the right to:
5.4.1 Solely dispose the accounting units accumulated on the Deposit.
5.4.2. Receive information in respect to the cash flow on the Deposit
5.4.3. Operate the System in full, ordering the Company to make transactions within the limits of the amount deposited in the System.
5.4.4. Suspend, renew and cancel the operation of the Deposit as per stipulated by the present Agreement.
6. RESPONSIBILITY OF THE PARTIES
6.1. In cases of non-fulfillment or improper execution of the obligations under the present Agreement, the Parties bear responsibility in accordance with the Legislation of the Republic of Uzbekistan.
6.2. The Company bears responsibility only for violating terms of e-payments on the basis of the User request in accordance with the terms of the present Agreement in the form of a penalty in the amount of 0.01 percent of the amount of the overdue e-payment per day of delay, but not more than 10 percent of the amount of the overdue e-payment .
6.3. The Company does not bear responsibility for:
6.3.1. For User damages arising as a result of an error and malfunction in the operation of software and / or hardware which support the operation of the System, arising for reasons beyond the control of the Company.
6.3.2. For User damages arising as a result of temporary non-availability of access to software and / or hardware which support the operation of the System.
6.3.3. For User damages arising as a result of the refusal to the User to change the amount or due to suspension of the User Deposit operation by the Company for justified reasons provided by the Legislation of the Republic of Uzbekistan.
6.3.4. For damage, delay or transfer of funds to the Deposit of improper beneficiary, executed due to the fault of the User.
6.3.5. For User damages arising as a result of illegal actions of third parties, through the Users fault
6.4. The User bears responsibility in accordance with the Legislation of the Republic of Uzbekistan for the development, use and distribution of harmful e-programmes which damage the System
6.5. It is strictly forbidden to use the system of online retail payments "WEBSUM" for commercial purposes, to establish agent offices or any other payment offices for the public. In case of violation of this clause, the User shall be liable in accordance with the Legislation of the Republic of Uzbekistan.
6.6. The WSM accounting units accumulated in the User e-wallet are the User property. In accordance with the Art.#175 of the Civil Code of the Republic of Uzbekistan, the User at its own discretion bear the risks of accidental loss or accidental damage of WSM accounting units.
6.7. The User acknowledges that any transfer from the e-wallet of WSM accounting units to third-party e-wallets, as well as payment by WSM accounting units for goods / works / services of Suppliers, is the User own free will, for which he is solely responsible.
7. FORCE MAJEURE
7.1. In the event of force majeure circumstances caused, directly or indirectly, by the circumstances, such as floods, fires, earthquakes, epidemics, military conflicts, military coups, terrorist acts, civil strife, strikes, orders, policy or any other administrative interference by the Government, or - other regulations, administrative or governmental restrictions affecting the fulfillment of obligations by the Parties under the present Agreement, technical problems caused by the failure of the equipment not in a possession of either the Party, but affecting the relationship of the Parties under the present Agreement, or other circumstances beyond reasonable control of the Parties, the terms for the fulfillment of these obligations are proportionally shifted for the duration of these circumstances if they significantly affect the performance of the entire Agreement or any parts of it on agreed terms, which is subject to execution after the onset of circumstances of force majeure.
7.2. Upon the occurrence and / or termination of force majeure circumstances, which prevent execution of the terms and conditions of the present Agreement, the Company, taking into consideration such circumstances, notify the User within 10 (ten) calendar days from the moment of occurrence and/or termination of force circumstances ,by announcing neccessery information on the Company website or through the media.
7.3. Upon the occurrence and / or termination of force majeure circumstances, the User, to whom it became impossible to fulfill the terms of the Agreement due to these circumstances, is obliged to notify the Company within 10 (ten) calendar days in writing.
7.4. Facts, listed in notification, should be approved by Chamber of Commerce and Industry of the Republic of uzbekistan or any other appropriate authority.
8. COST AND SETTLEMENT PROCEDURE
8.1. Remuneration for the Company services is implemented by deduction by the Company a certain percentage of the amount in accordance with the tariffs listed on the Companys website.
8.2. Tariffs are set by the Company in national currency "sum".
8.3. Log-in to the System is available only in case of positive balance on the User Deposit and remain valid through the term of positive Deposit. In case of negative (or zero) balance or lack of means on the Deposit the System will block the access.
8.4. If payment made via the bank, services considered as paid after bank confirmation on payment made on Company account.
8.5. The additional bank charges related to money transfer are to be paid by the User.
8.6. Deposit, identification information and data files (including email files) of the User are valid for 60 (sixty) days from the moment the zero balance occurred. At the end of this period, the Company reserves the right of logical deletion of the User database and close the Deposit.
8.7. All records of the requested services and check over the correctness and timeliness of payments are automatically maintained, using dedicated software and the database of the Company.
8.8. Quotation policy,and financial documentation for the User are determined by the Company independently.
9 TERMS AND TERMINATION OF THE CONTRACT
9.1. The Contract comes into force from the moment the User accepts the terms of the present Agreement and which is valid for indefinite time
9.2. The Parties have the right to terminate the Agreement unilaterally in the order provided by the Legislation of the Republic of Uzbekistan. In case of termination of the Agreement on the initiative of one of the Parties, the Party is obliged to notify the other Party of its intention not less than 5 working days prior to the expected date of termination.
10 DISPUTE SETTLEMENT
10.1. In case of disputes or disagreements between the User and the Company arising from the present Agreement, the Parties will take all measures to resolve them through negotiations.
10.2. In case of disagreement, the provision of services under the present Agreement is suspended till they are fully settled.
10.3. If it is not possible to resolve disputes by negotiating, the Parties have the right to settle issue in appropriate court in accordance with the procedure provided for by the legislation of the Republic of Uzbekistan.
11 ADDITIONAL CONDITIONS
11.1. All notifications, notices, messages and User requests, as well as any changes made in data shall be sent as e-documents through the User personal account or in the form of a hard copy document
11.2. All issues risen which cannot be regulated by Parties within the frame of the present Agreement, shall be settled according to the Legislation of the Republic of Uzbekistan.
11.4. In case of log-in failure to the System, the Company shall not be responsible for notifying or not notifying any third Parties of the User access denial and for conceivable consequences resulting from such notification or its absence.
11.5. The Company does not guarantee the total continuity or accuracy of the System and does not guarantee that the proposed software or any other programmes do not contain computer viruses and other harmful components. The Company takes all reasonable efforts and measures to prevent such cases.
11.6. The Company shall not be liable for any User expenses or actual damage due to direct or indirect use of the System.
11.7. Under no circumstances shall the Company be liable for the User direct or indirect damage occurred as consequences of the use or unavailability to use the System resulted in errors, omissions, interruptions in work, etc., occurred not due to the fault of the Company.
11.8. The Company shall not be liable for any incidental or intentional damages, including any loss of income or loss of savings caused by the third Parties.
11.9. The Company does not bear responsibility for the quality of public communication channels corresponding to the System access, as well as for the operation of particular segments of networks out of coverage, as well as out of competence, and control of the Company.
11.10. The User takes full responsibility and risks associated with the use of the System provided by the Suppliers of goods (services).
11.11. The User is fully responsible for the security of the identification information provided (access codes, passwords, etc.) and for losses that may arise due to unauthorized use of its identification data. The Company shall not bear responsibility or be in a position to compensate losses incurred due to unauthorized use of the User Personal ID by Third parties, as well as unauthorized access to information in relation to the User Deposit by Third parties and to the User personal statistics page (personal account)
11.12. The User is fully responsible for all accesses to the System and the actions taken through the access to the System upon User ID input.
11.13. The User agrees not to involve the Company as respondent or co-signatory for any liabilities and expenses related to:
- the repetitive failure to System access;
- System access through the other Users aware of the User ID.
11.14. The Company financial responsibility to the User is limited to the value of the Goods (services) paid by the User, but not provided by the Company, i.e. the amount of the Deposit balance.The Company does not bear financial and / or any other liability in case the Goods (services) were not provided due to the User fault (for example, violation of the terms of the Agreement, Legislation of the Republic of Uzbekistan).
11.15. The Company warns the User that accidental or deliberate actions upon System usage or Goods (services) may lead to violation of any terms of National Legislation of any other countries. The Company is not liable for such possible violations occurred due to the User actions.
11.16. The User does not have the right to use the resources provided to launch programmes, which leads or can lead to the failure in computer operating mode and / or network equipment, disruption of networks, programmes and network devices, or to obtain illegal access to information (information resources) to the advantage of the Third parties.
11.17. For all other issues not covered in the present Agreement, the Parties shall be governed by the Legislation of the Republic of Uzbekistan.