Public contract (offer)
1. General provisions
1.1. This public agreement (the “Agreement”) is an official proposal (offer) of Limited Liability Partnership “EvoPay” (the “Operator”), registered under the laws of the Republic of Kazakhstan, addressed to an unlimited number of individuals and legal entities (the “User”), to conclude this Agreement on the terms below.
1.2. This Agreement is a public contract under Article 387 of the Civil Code of the Republic of Kazakhstan (Special Part) and an adhesion contract under Article 389 of the Civil Code of the Republic of Kazakhstan (General Part).
1.3. The Operator is EvoPay LLP, registered in the Republic of Kazakhstan. Services are provided in accordance with the laws of Kazakhstan, including requirements for payment services and AML/CFT. Current information on the Operator’s status, licensing, and supervision is provided in the Operator’s documents, at registration, and upon request to support. The User must review them before acceptance.
1.4. The VirtuOZ platform (the “Platform”) is a software and hardware complex through which the Operator provides payment and escrow services in electronic form.
1.5. Acceptance of this offer is the User completing: account registration on the Platform, identity verification (KYC), and first use of the Platform’s services. Acceptance means full and unconditional acceptance of all terms under Article 396 of the Civil Code of the Republic of Kazakhstan (General Part).
1.6. The Agreement is concluded upon acceptance and remains in force indefinitely until terminated as set out herein.
2. Terms and definitions
2.1. The following terms are used in this Agreement:
- “Platform” — the VirtuOZ software and hardware complex, accessible via web and other interfaces, providing payment operations and escrow services.
- “Electronic wallet” (“Wallet”) — the User’s electronic means of payment on the Platform for accounting the Operator’s monetary obligations and making payment operations.
- “Electronic money” — the Operator’s monetary obligations in electronic form, recorded on the User’s Wallet to the extent and in the manner provided by applicable law and the product.
- “Escrow account” — a special ledger on the Platform where funds are conditionally deposited until conditions agreed by the parties occur.
- “Depositor” — the User who places funds in the escrow account.
- “Beneficiary” — the User in whose favour funds are deposited and who may receive them when payout conditions occur.
- “KYC” — identity verification of the User under Kazakhstan AML/CFT laws.
- “Transaction” — an operation to transfer, credit, debit, or deposit funds on the Platform.
- “Personal account” — the User’s personal section on the Platform.
- “Tariffs” — the Operator’s fees published on the Platform and forming an integral part of the Agreement.
3. Subject of the Agreement
3.1. The Operator provides access to the Platform and services: opening and maintaining a Wallet; accepting, accounting for, and paying out funds; payment operations (transfers, payments); escrow — conditional deposit of funds until terms are met; information services (history, notices).
3.2. The User must comply with this Agreement and pay for the Operator’s services according to the Tariffs.
3.3. Services are provided under the applicable laws of the Republic of Kazakhstan, including payment-services and AML/CFT requirements.
4. Registration and identification
4.1. To access services, the User registers with accurate personal data, credentials, and confirmation of a contact (phone and/or email).
4.2. After registration, the User completes KYC as required by the product and AML/CFT laws. Identification levels may include simplified, full, and enhanced due diligence (EDD). Available operations and limits depend on the verification level and are shown in the cabinet.
4.3. For legal entities, registration data, founders, beneficial owners, and representatives are verified.
4.4. The Operator may request additional documents on identity, source of funds, and purposes of operations.
4.5. The Operator may refuse registration or limit account functionality if data is unreliable or there are grounds to believe the Platform may be used for unlawful purposes.
5. Wallet and payment operations
5.1. After identification, a Wallet is opened for the User. The base currency is the Kazakhstani tenge (KZT). Other currencies — if available in the product and allowed by applicable rules; terms are shown in the cabinet.
5.2. Wallet top-up may be made by: bank transfer; payment cards (where available); payment terminals and other channels enabled in the product; transfer from another User.
5.3. Withdrawals are made to the User’s bank account or by other methods provided by the Platform.
5.4. Limits depend on the identification level and are published in the Tariffs and/or shown in the cabinet. Simplified identification is subject to applicable limits (including MCI-based limits where applicable).
5.5. Funds are credited to the Wallet after confirmation from the bank or payment channel within the timelines set by the product and partners.
5.6. Operations with insufficient funds are rejected automatically.
6. Escrow services
6.1. Escrow is provided by the Operator as a conditional deposit of funds in an escrow account until conditions agreed by the Depositor and the Beneficiary occur.
6.2. Process:
- The parties fix on the Platform the subject, amount, deadlines, and payout/refund conditions.
- The Depositor transfers funds to the escrow account; funds are unavailable to the parties until grounds for payout or refund arise.
- Upon confirmed performance, the Operator pays the Beneficiary minus any fee (if applicable).
- Upon grounds for refund, the Operator returns funds to the Depositor minus any fee (if applicable).
6.3. Performance may be confirmed by the Depositor in the cabinet; automatically under product rules if there are no objections; or by the Operator in a dispute based on the parties’ materials.
6.4. The Operator is not a party to the deal between Depositor and Beneficiary and is not responsible for the quality of goods, works, or services under that deal.
6.5. The Operator may block funds in the escrow account under an order of an authorised body or court, or where there are reasonable suspicions of fraud or money laundering.
6.6. The maximum holding period in escrow is 180 calendar days, unless otherwise agreed and not contrary to law. After expiry, unclaimed funds are returned to the Depositor.
7. Escrow disputes
7.1. If the parties disagree, they must attempt to resolve the dispute through the Platform within 10 business days.
7.2. The initiating party files a claim in the cabinet with evidence.
7.3. The Operator reviews materials within 15 business days and may request additional documents.
7.4. The Operator may: pay the Beneficiary; refund the Depositor; or refer the parties to mediation or court if a decision cannot be made on the documents.
7.5. The Operator’s decision does not deprive the parties of the right to go to court under Kazakhstan law.
8. Tariffs
8.1. The Operator’s remuneration is set by the Tariffs published on the Platform.
8.2. The Operator may change Tariffs by notifying the User at least 15 calendar days in advance by publication on the Platform and/or email notice.
8.3. Continued use of services after changes take effect means acceptance of the new Tariffs.
8.4. Escrow fees are deducted from the payout or refund amount if provided by the Tariffs and deal terms.
8.5. Settlements are in KZT unless otherwise agreed.
9. Operator’s rights and obligations
9.1. The Operator must: keep the Platform operational (except scheduled maintenance and force majeure); account for and safeguard User funds under applicable rules; protect personal data; inform about operations and material changes; handle requests within Agreement timelines; comply with AML/CFT; retain operation records for at least the periods required by law (not less than 5 years).
9.2. The Operator may: suspend or limit services where grounds under this Agreement or law exist; request documents for KYC and monitoring; change Platform functionality and Agreement terms as provided herein; refuse an operation where there are reasonable suspicions of unlawful activity; block an account under orders of authorised bodies.
10. User’s rights and obligations
10.1. The User must: provide accurate data and keep it updated; not share credentials; use the Platform lawfully; pay fees under the Tariffs; report unauthorised access; secure their devices; comply with this Agreement and Kazakhstan law.
10.2. The User may: use services within their identification level; receive information on operations and statuses; contact the Operator; terminate this Agreement under Section 15.
11. AML/CFT
11.1. The Operator maintains internal AML/CFT controls under Kazakhstan law.
11.2. Upon request, the User provides information on the source of funds, purposes of the relationship, and beneficial owners (for legal entities).
11.3. The Operator may delay suspicious operations for review; report to the authorised body; freeze funds under an order; terminate the Agreement if the Platform is used for unlawful purposes.
11.4. The Operator screens Users against applicable sanctions lists.
11.5. Client and transaction records are retained for at least 5 years after the relationship ends, unless a longer period is required by law.
12. Restrictions, suspension, and blocking
12.1. The Operator may suspend services, limit the Wallet, or block an account in case of: Agreement breach; false data; suspected fraud or AML/CFT risk; an order of a body or court; unauthorised access attempts; prohibited activity; refusal to re-identify.
12.2. The Operator notifies of suspension or blocking within 1 business day, unless notice would conflict with AML/CFT requirements.
12.3. Blocking is lifted after the grounds are removed and/or by the Operator’s decision.
13. Liability
13.1. The parties are liable under Kazakhstan law.
13.2. The Operator is liable for losses from improper performance of fund-transfer obligations — within the operation amount; for data loss or damage caused by its fault; for confidentiality breaches of personal data caused by its fault.
13.3. The Operator is not liable for: the User sharing credentials; acts of banks, payment networks, or providers; quality of the deal subject between Depositor and Beneficiary; force majeure; actions required by law; indirect losses and lost profits.
13.4. The Operator’s aggregate liability is limited to fees paid by the User in the 12 months preceding the event giving rise to the claim.
13.5. The User is responsible for data accuracy, credential security, and operations performed with their account.
14. Personal data and confidentiality
14.1. Personal data are processed under Kazakhstan personal-data laws.
14.2. Data are processed to perform the Agreement, comply with AML/CFT, secure the Platform, and improve services.
14.3. The Operator applies organisational and technical protection measures.
14.4. Disclosure to third parties — with the User’s consent, under law or an authorised request, or to the minimum extent needed to perform the Agreement (banks, payment partners, contractors).
14.5. Cross-border transfer — only where legally grounded and as needed to provide services.
15. Term, amendment, and termination
15.1. The Agreement runs from acceptance for an indefinite term.
15.2. The Operator may amend the Agreement by notifying at least 15 calendar days in advance by publishing a new version on the Platform.
15.3. Continued use after amendments take effect means acceptance of the new version.
15.4. The User may terminate by notice through the cabinet at least 30 calendar days in advance, after closing open escrow deals and withdrawing the Wallet balance.
15.5. The Operator may terminate for systematic breaches, unlawful use, under an order of an authority, or in other cases provided by law.
15.6. Upon termination, the Wallet balance (minus fee arrears) is returned within 30 business days.
15.7. Termination does not release obligations that arose before termination.
16. Intellectual property
16.1. Rights to the Platform belong to the Operator or its licensors.
16.2. The User receives a non-exclusive right to use the Platform for the term of the Agreement.
16.3. Copying, modification, decompilation, and reverse engineering of the Platform are prohibited.
17. Force majeure
17.1. The parties are released from liability for non-performance caused by force majeure.
17.2. This includes, among other things: natural disasters, epidemics, war, terrorism, strikes, mandatory rules making performance impossible, and failures of payment or telecom systems beyond the Operator’s control.
17.3. The affected party notifies the other within 5 business days.
18. Claims and disputes
18.1. Claims are sent through the cabinet, by email, or to the Operator’s postal address.
18.2. The Operator responds within 15 business days; the period may be extended to 30 business days if more information is needed.
18.3. If pre-trial resolution fails, the dispute is heard by a court at the Operator’s location under Kazakhstan law.
18.4. An individual User may also apply to authorised bodies for protection of financial-services consumers as provided by Kazakhstan law.
19. Final provisions
19.1. The Agreement is drawn up in Russian and Kazakh. In case of discrepancy, the Russian text prevails.
19.2. Matters not covered by the Agreement are governed by Kazakhstan law.
19.3. Invalidity of one provision does not affect the others.
19.4. Notices are sent through the cabinet, by email, or by registered mail.
19.5. By accepting the offer, the User confirms they have read and accept the Agreement terms.
20. Operator details
- Name: EvoPay LLP
- BIN: 240440034473
- KBe: 17
- IIK: KZ37914032203KZ025AZ
- Currency: KZT
- Bank: Bereke Bank JSC (SB Lesha Bank LLC (Public))
- Branch: Bereke Bank JSC (SB Lesha Bank LLC (Public)) branch for Atyrau Region
- BIC: BRKEKZKA