PUBLIC OFFER AGREEMENT/PUBLIC CONTRACT

LLC "Ge-Next" hereinafter referred to as the "Contractor", represented by General Director Kazenova Zhazgul Kanatbekovna, acting on the basis of Charter, enters into this Public Agreement for the provision of services for a fee (hereinafter referred to as the Agreement) with any individual, hereinafter referred to as the "Customer". The Agreement is an agreement on the provision of services on a fee basis training services English and Russian languages of the Contractor via the website genext-kg.com, concluded through a public offer, and regulates the procedure
provision of such services and the obligations of the Parties. The text of this Agreement is posted by the Contractor on the Internet on the website at: genext-kg.com.
The Parties, guided by Part 2 of Article 398 of the Civil Code of the Kyrgyz Republic, have entered into this Agreement on the following:
Subject of the agreement
1.1. In accordance with this Agreement, the Contractor undertakes to provide training services English and рrussian languages, and the Customer undertakes to pay the Contractor a fee.
1.2. Training services English and Russian languages are provided by the Contractor via the website genext-kg.com.
1.3. The following terms and abbreviations are used in this Agreement:
1.3.1. Site – a website located on the Internet at the address genext-kg.com
1.3.2. Personal account – a set of protected pages of the Site created as a result of
registration of the Customer and the authentication data available upon entering (e-mail address)
email and password) in the fields provided for this purpose on the Site.
1.3.3. Account – an account, invoice, invoice-protocol of price agreement, or other similar document that determines the cost of services and, if necessary, the payment procedure. All terms and definitions used in this Agreement apply equally to terms in the singular and plural, as used depending on the context.
1.4. The Customer may use training services English and Russian languages in accordance with the terms of the Agreement during the entire period specified on the Website.
1.5. The Contractor, within the framework of this Agreement, does not provide the Customer with individual consultations not related to the subject of the Agreement.
Procedure for concluding the Agreement and providing access
2.1.
This Agreement is a public agreement, according to which the Contractor undertakes to provide services to an indefinite circle of persons (Customers) who have requested their provision.
2.2.
The posting of the text of this Agreement on the Website is a public offer by the Contractor addressed to an indefinite number of persons to enter into this Agreement (clause 1 of Article 386, clause 2 of Article 398 of the Civil Code of the Kyrgyz Republic).
2.3.
The conclusion of this Agreement is carried out by the Customer’s accession to this Agreement, i.e. by the Customer’s acceptance of the terms of this Agreement as a whole, without any conditions, exceptions or reservations (Article 387 of the Civil Code of the Kyrgyz Republic).
2.4.
The fact of acceptance by the Customer of the terms of this Agreement is the payment by the Customer for the services ordered by him in the manner and on the terms specified by this Agreement. In the event that the Customer pays for the services ordered by him using credit funds provided by the relevant bank, the fact of acceptance by the Customer of the terms of this Agreement is the conclusion by the Customer of the relevant agreement with the bank for payment for the services of the Contractor (clause 3 of Article 399 of the Civil Code of the Kyrgyz Republic).
2.5.
By accepting this public offer in the manner specified in this Agreement, the Customer agrees to all the terms of the Agreement as they are set out in the text of this Agreement and, in accordance with the Civil Code of the Kyrgyz Republic, is considered as a person who has entered into contractual relations with the Contractor on the basis of this Agreement. At the same time, in accordance with paragraphs 2 and 3 of Article 395, paragraph 3 of Article 399 of the Civil Code of the Kyrgyz Republic, this Agreement is recognized as concluded by the Parties in writing.
2.6.
After completing the actions specified in paragraph 2.4. of the Agreement, the Contractor provides the Customer with training services English and Russian languages.
Rights and obligations of the Parties
3.1.
The Contractor undertakes to:
3.1.1. Provide to the Customertraining services English and Russian languages
3.1.2. Provide information support to the Customer on issues related to the provision of services and/or the functioning of the Site on business days from 09:00 to 18:00 (until 17:00 on Fridays and business days that are shortened in accordance with the legislation of the Kyrgyz Republic). Questions on support are sent by the Customer to the e-mail address: genextkg@gmail.com
3.1.3. In the event of detection of errors/deficiencies in the functioning of the Site, made by the Contractor or due to the fault of the Contractor, eliminate the detected errors/deficiencies using your own efforts and at your own expense.
3.1.4. Refund funds paid by the Customer in the cases and under the conditions stipulated by the Agreement.
3.2.
The Contractor has the right to:
3.2.1. Make changes to composition training services English and Russian languages
3.2.2. Involve third parties to perform this Agreement without the consent of the Customer.
3.2.3. Request from the Customer information and documents necessary for the proper fulfillment of obligations under this Agreement.
3.2.4. Change the cost of services under the Agreement by posting the current cost on the Website.
3.2.5. Temporarily suspend the operation of the Site to carry out necessary scheduled preventive and repair work on the technical resources of the Contractor.
3.2.6. Replace third parties involved in the performance of obligations under the Agreement.
3.3.
The Customer undertakes to:
3.3.1. Pay for services within the timeframes and under the conditions established by the Agreement, agreed upon in the invoices and/or agreed upon by the Parties via messages in the Personal Account.
3.3.2. Provide timely, complete and accurate information necessary for the provision of services (including when registering on the Site).
3.3.3. Use the functionality of the Site and access solely for personal or other non-commercial purposes.
3.3.4. Ensure the confidentiality of your login and password to your Personal Account and do not transfer access data to third parties.
3.3.5. Immediately notify the Contractor of any unauthorized access to your Personal Account.
3.3.6. Do not post personal data of other persons on the Site or third-party resources, including access data to their Personal Account on the Site, and do not use or attempt to obtain personal data of other users.
3.3.7. Do not register as a user on behalf of or instead of another person or register a group (association) of persons or a legal entity/individual entrepreneur as such a user.
3.3.8. Do not use software or perform actions aimed at disrupting the normal functioning of the Site, do not download, store, publish, distribute or provide access to or otherwise use viruses, Trojans and other malicious programs; do not use automated scripts (programs) to collect information on the Site without the written permission of the Contractor.
3.4.
The Customer has the right to:
3.4.1. Get access to training services English and Russian languages after fulfilling the conditions for granting access (Article 2 of the Agreement).
3.4.2. Receive information support on issues related to the procedure for providing services and the functioning of the Site, throughout the entire term of this Agreement.
3.4.3. Use access to training services English and Russian languages for non-commercial purposes only.
3.4.4. Send the Contractor comments, suggestions and/or feedback related to the subject of this Agreement and/or the functioning of the Personal Account.
Cost of services and payment procedure
4.1.
The cost of the Contractor's Services is determined based on the cost of the goods/services indicated on the Website or agreed upon in the Invoice, in soms.
4.2.
The Customer pays for the cost of the Contractor’s services on the terms of 100% prepayment in one go by transferring funds to the Contractor’s bank account, unless other conditions are specified in the invoice issued to the Customer.
Датой оплаты является дата поступления денежных средств на расчетный счет Исполнителя.
4.3.
Payment for the Services shall be made by the Customer in favor of the Contractor by transferring the corresponding amount of money by methods supported by the Contractor. In this case, the Contractor has the right to independently determine the list of such methods, informing the Customer of the current list of methods by posting it on the Website, or informing the Customer in another way. Detailed rules for payment and refund of funds are contained in Appendix No. 1 to
this Agreement.
4.4.
The Customer has the right to pay for the Contractor's Services using credit funds that may be provided to the Customer by the relevant bank (hereinafter referred to as the credit). The Parties acknowledge and agree that this Agreement is not a credit agreement, the Contractor is not a lender and does not bear any corresponding obligations to the Customer. The Customer acknowledges and agrees that the credit is provided to the Customer on the terms stipulated by the relevant bank. The Contractor is not responsible for the terms of the bank's provision of the credit to the Customer, including the amount and payment of interest for using the credit, as well as for the bank's refusal to provide the credit. The Customer independently fulfills obligations to the bank related to the provision of the credit by the latter.
4.5.
The date of provision of Services/goods is considered to be the date of provision of the service/goods to the Customer, accordingly, the Services/goods are considered to be provided to the Customer.
Liability of the Parties. Limitation of Liability
5.1.
If the Customer violates the terms of the Agreement, he is obliged to pay a fine in an extrajudicial manner upon the written request of the Contractor in the amount of 1000 soms for each violation.
5.2.
In the event of a violation by the Customer of the terms of this Agreement, the Contractor has the right to deactivate the Customer's access to the Personal Account, as well as block the Customer's access to the Site without refunding the funds paid.
The Customer is obliged to pay the penalty within 15 (fifteen) calendar days from the date of receipt of the claim (notice) from the Contractor.
5.3. —
The Contractor shall not be liable:
for the content of information posted in messenger chats (WhatsApp, Viber, Telegram), which are created at the initiative of users, including the Customer; - chats; - for the use by third parties of personal data that the Customer provides in such for the quality of the Internet connection and the functioning of equipment and software
provision of the Customer; - for non-compliance of the technical characteristics of the Customer's equipment with the requirements,
presented for the reproduction of the Course materials, if such requirements are established; — for the discrepancy between the Services provided for by the Agreement and the Customer's expectations. The Customer's subjective assessment is not an objective criterion for the quality of the Services; — for errors and inaccuracies made by the Customer when using the functionality of the Site (including, but not limited to, incorrect data when placing an order for a service, and other similar circumstances); — use (inability to use) and any consequences of the use (inability to use) by the Customer of the form of payment for services chosen by him under the Agreement; — for the actions (inaction) of banks or third parties involved in settlements when paying for a service or refunding funds in established cases.
5.4.
The Contractor shall make all reasonable efforts to prevent failures and malfunctions in the operation of the Site, but shall not guarantee its uninterrupted operation, shall not be liable for and shall not compensate for losses that have arisen or may arise in connection with technical failures and interruptions in the operation of the provider, other persons or services, restriction of access to the Internet or Internet resource for any reason, failure by the Customer to ensure the safety of access data to his Personal
office and other circumstances beyond the competence of the Contractor.
5.5.
Neither Party shall be liable for the full or partial failure to fulfill its obligations if such failure is a consequence of force majeure circumstances (including, but not limited to, fire, flood, earthquake and other natural disasters, strikes, war and military actions, epidemics, pandemics or other circumstances beyond the control of the Parties) that prevent the performance of this Agreement.
and those that arose after its conclusion.
5.6.
If the Customer fails to fulfill (improperly fulfills) its obligations under the Agreement, including the obligations specified in paragraph 4.2. of the Agreement, the Contractor has the right to terminate this Agreement by unilaterally refusing to fulfill it out of court by sending a notice of such refusal in electronic form to the e-mail address to which the Contractor previously sent the data for access to the Course. This Agreement shall terminate on the day the Contractor sends the relevant notice or within the period specified in the notice, and access to the Course materials shall be deactivated within the same period.
Intellectual Property. Confidentiality
6.1.
As part of the provision of Services by the Contractor, the Customer is provided with access to the intellectual property of the Contractor and/or third parties with whom the Contractor has concluded relevant contracts/agreements (hereinafter referred to as Intellectual Property). Intellectual Property includes the results of intellectual activity of the Contractor and/or third parties, including, but not limited to, audiovisual materials, computer programs, LMS (learning management system), methodological and/or reference materials, assignments, information resources.
6.2. —
The Customer, with respect to Intellectual Property, is obliged to:
refrain from any actions that violate the rights of the Contractor and/or third parties to Intellectual Property, in particular, not to copy, record, reproduce, distribute, distribute in any form, alter, or use to create derivative works any Intellectual Property without the written permission of the Contractor; - immediately notify the Contractor of any known facts of violation of the intellectual property rights of the Contractor and/or third parties; - not to provide their authentication data for access to the account, Personal Account on the Website to third parties. In case of loss, as well as in cases of illegal access to the login and password by third parties, the Customer undertakes to immediately notify the Contractor by sending a notice to the address: genextkg@gmail.com Until the moment of sending the specified notification, all actions are considered to have been completed by the Customer.
6.3.
Confidential information includes any information related to the process of rendering services by the Contractor, not published by the Contractor in the public domain and not available to the general public. The Customer undertakes not to disclose confidential information and other data provided by the Contractor in the course of rendering services (except for publicly available information) to third parties without the prior written consent of the Contractor.
6.4.
The Contractor has the right to use objects created by the Customer during the study of the Course materials in its marketing and/or advertising materials, and also to mention the Customer as a user of the Software and a client.
Other conditions
7.1.
The Customer confirms that he/she is legally competent and has reached the age required in accordance with the legislation of the Kyrgyz Republic to conduct transactions using the Site.
7.2.
The Customer confirms that he/she is aware of and unconditionally agrees that he/she may be denied the provision of the Service in the following cases: — failure to confirm the authorization of payment by the Bank or the electronic payment system; initiation by the Customer of the procedure for the return of funds in the cases and in the manner stipulated by the Agreement; — in other cases stipulated by the legislation of the Kyrgyz Republic or this Agreement.
Final Provisions
8.1.
This Agreement shall be deemed concluded from the moment the Customer performs the actions stipulated by clause 2.4. of the Agreement, and shall remain in effect until the Parties fulfill their obligations.
8.2.
The Contractor has the right to change the terms of this Agreement, introduce new terms or appendices to this Agreement without prior notice to the Customer. The Customer, knowing about the possibility of such changes, agrees that they will be made. If the Customer continues to execute this Agreement, including the Site after such changes, this means his consent to such changes.
8.3.
The text of amendments and/or additions to this Agreement, or its new version, shall be communicated to the public by the Contractor by posting the relevant information on the Website.
8.4.
The Parties unconditionally agree that silence (absence of written notices of disagreement with individual provisions of this Agreement, including changes in tariffs) shall be recognized as the Customer’s consent and accession to the new version of this Agreement.
8.5.
This Agreement may be terminated by mutual agreement of the Parties. Each Party has the right to unilaterally terminate this Agreement by sending the other Party a notice via the Personal Account or by e-mail no later than 15 (fifteen) calendar days prior to the planned termination date.
8.6.
If any of the terms of this Agreement loses legal force, is recognized as illegal or is excluded from this Agreement, this does not entail the invalidity of the remaining terms of this Agreement, which will retain legal force and are binding on the Parties.
8.7.
All issues not regulated by this Agreement shall be resolved in accordance with the current legislation of the Kyrgyz Republic.
8.8.
All disputes, claims and disagreements that may arise between the Parties shall be resolved through negotiations. If it is impossible to resolve disputes in this manner, the Parties shall apply to the court in the manner prescribed by the current legislation of the Kyrgyz Republic, with mandatory compliance with the pre-trial dispute resolution procedure. The Party that believes that its rights under the Agreement have been violated shall be obliged to file a claim with the other Party. The claim shall be deemed to have been duly filed if sent to the other Party in any way that makes it possible to establish the identity of the sender and the fact of delivery of the correspondence to the recipient. The fact of return of the correspondence indicating the absence of the recipient shall not prevent an appeal to the court. It is not mandatory to attach copies of documents to the claim substantiating and confirming the presented requirements, if the second Party has these documents.
The Party that received the claim shall, within 10 (ten) business days from the date of its receipt, notify the other Party in writing of the results of the review. Failure to receive a response or reasoned objections to the claim within the specified period shall be considered as agreement with the claim and the circumstances set out therein.
8.9.
The Parties acknowledge the legal force of documents sent via electronic means of communication or the Personal Account on the Website.
8.10.
The Customer gives his consent to the Contractor to process the Customer's personal data specified by him when applying for the Contractor's services and/or when registering on the Website, as well as in the Personal Account, under the conditions stipulated by the Personal Data Processing Policy posted on the Website.
8.11.
The Customer gives their consent to the Contractor to use the Customer's reviews about the Contractor and the Services provided by it, posted by the Customer on the Internet, including those left by the Customer in the Contractor's official groups in social networks, without indicating the full name (last name, first name and patronymic) of the Customer and without using the Customer's image in any way, including, but not limited to, processing, including shortening, changing that does not distort their meaning, for the purpose of posting such reviews on the Contractor's official websites, on the Contractor's pages in social networks, in advertising and other materials of the Contractor, inclusion in the texts of informational mailings to the Contractor's clients. This consent is valid from the date of conclusion of the Agreement. This consent may be revoked by the Customer at any time by sending a written statement to the Contractor's address specified in the Agreement.
8.12.
The Customer gives its consent to the Contractor to receive from the Contractor advertising messages, informational mailings about the products, services of the Contractor and its partners, about promotions, discounts and special offers, sweepstakes, contests, surveys to the Customer's email address, to the Customer's phone number, including in messengers, including Viber, Telegram, WhatsApp, by mailing, SMS messages, push notifications, as well as communication of such information to the Customer orally by telephone.
Details of the Parties
9.1.
The Parties agree to consider the Customer's details to be the information specified by him/her when registering on the Site and/or submitting an application for access to the Course, and/or paying for the Contractor's services.
9.2.
Contractor's details:
LLC “Ge-Next” INN: 02905202510521
Legal address: Bishkek Oktyabrsky district, Kok-Zhar residential area, st. Kuyruchuk 28
Current account: 1033820010011843 Bank: OJSC “Mbank” E-mail:
genextkg@gmail.com Phone: 0509838689




Appendix No. 1
to the Public Contract for the Provision of Services for a Fee
Payment and refund rules
These Rules for payment and refund of funds (hereinafter referred to as the Rules) govern the relations between the Contractor and the Customer related to payment for services under the Agreement and the return of the paid cost of services in the event of early termination of the Agreement.

The final cost of the Services is formed taking into account the goods/services selected by the Customer. Payment for the Services is made by bank transfer in one of the ways specified on the Website, at the Customer's choice, by crediting funds to the Contractor's account.

When paying on the Site or through the Personal Account, VISA, MasterCard, ELCARD cards, as well as electronic wallets are accepted for payment. Payments are transferred in accordance with the Rules of the international payment systems Visa and MasterCard (hereinafter referred to as payment systems) on the principles of maintaining confidentiality and security of payment using modern methods of verification, encryption and transmission of data over closed communication channels. For questions regarding the rules and procedure for making payments through payment systems, the Customer is guided by the rules of the relevant payment systems and directly contacts the operators of the relevant payment systems for clarifications and consultations. The Contractor hereby reserves the right to provide information support regarding the payment for Services using payment systems within its
competencies, however, nothing in this appendix obliges him to provide such information support, be responsible for the completeness of the information provided, or bear other consequences of the choice of the method of payment for services and/or the payment system by the Customer.

To pay for Services with a Visa or MasterCard bank card, when choosing a payment method, you must click the "Pay by bank card" button and to complete the payment, you must click the "Pay" button.

Payment for the order is made after redirection to the secure payment page of the payment system operator and/or the relevant bank to enter the bank card details. Connection to the payment page and transfer of information are carried out in a secure mode using 3D Secure technology. On the page for entering bank card details, the Customer must enter the bank card details: card number, cardholder name, card expiration date, three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All necessary data is printed on the card itself. The three-digit security code is the three digits located on the back of the card. If the Customer's bank
supports secure Internet payment technology MasterCard SecureCode, Verified by Visa, to make a payment you may need to enter a special password.

The details of the Customer's bank card are not stored on the Contractor's server or on the Site, the Contractor does not have access to the Customer's payment details. Confidentiality of the information provided by the Customer, including personal data and
payment details are provided by the operator of the relevant payment system and/or the Customer’s bank.
The information entered by the Customer, including payment details and bank card data, is not provided to third parties except in cases stipulated by the legislation of the Kyrgyz Republic.

6.1.
The bank may refuse to make a payment in the following cases: the bank card is not intended for making payments via the Internet; the Customer can find out about this by contacting the servicing bank.
6.2.
There are not enough funds to pay on your bank card.
The Customer can find out more about the availability of funds on the bank card by contacting the bank that issued the bank card;
6.3.
bank card details entered incorrectly;
6.4.
The bank card has expired.
The card's expiration date is usually indicated on the front side of the card (this is the month and year until which the card is valid). The Customer can find out more about the card's expiration date by contacting the bank that issued the bank card.

The Contractor does not control the software and hardware complex of the payment system and/or the bank. If, as a result of any errors, the Customer's funds were written off, but the payment was not authorized by the payment system and/or the bank, the responsibility for returning the funds to the Customer is assigned to the payment system operator and/or the relevant bank.

8.1.
8.2.
The refund of funds paid by the Customer may be made in the following cases:
The service/product was not provided within the specified time frame due to the fault of the Contractor;
Before the start of the service provision, the Customer submitted a notice of termination of the Agreement and refund of funds;
8.3.

in the cases specified in paragraph 14 of this Appendix.
A full or partial refund of funds paid by the Customer is made by the Contractor on the basis of a written application from the Customer sent to the Contractor's e-mail. genextkg@gmail.com with subsequent sending of the original to the Contractor's postal address: Kyrgyz Republic. The Contractor has the right to require the Customer to complete the approved form of the application for a refund.

If the Customer cancels the Agreement before the Contractor provides the goods/services, with the exception of payment under the terms of payment using credit funds, the Contractor shall return 100% of the amount paid to the Customer.

If the Customer cancels the Agreement before the Contractor provides the goods/services paid for using credit funds, the Contractor shall return the funds to the relevant bank, minus the amounts of commissions withheld by the bank from the Contractor. The Contractor shall not be liable for payment and shall not reimburse the Customer for the amount of accrued interest for the use of funds payable by the Customer to the bank in accordance with the agreement concluded between the Customer and the bank.

If the Customer cancels the Agreement within 30 (thirty) calendar days from the date of provision of the goods/services by the Contractor, the Contractor shall return 50% of the amount paid to the Customer. In this case, if the goods/services were paid for using credit funds, the Contractor shall return the funds to the relevant bank, minus the amounts of commissions withheld by the bank from the Contractor. The Contractor shall not be liable for payment and shall not reimburse the Customer for the amount of accrued interest for the use of funds payable by the Customer to the bank in accordance with the agreement concluded between the Customer and the bank.

For the purpose of unambiguous interpretation: if the Customer refuses services paid for using credit funds (banking products - consumer loans, installments, etc.), the amount to be returned and the Contractor's expenses are calculated from the amount of funds received by the Contractor from the bank in payment for services rendered to the Customer.

If the Customer cancels the Agreement after 30 (thirty) calendar days from the date of provision of the goods/services by the Contractor, no refund will be made.

Refunds are made to the account from which the payment was made within 30 days from the date of receipt of the Customer's Application (the specific refund period depends on the bank that issued the Customer's bank card).

In the event of a change in the Customer's payment details, as well as in the event of payment for services by a banking organization using credit funds, the Customer undertakes to indicate in the Application the bank details for the return of funds.
If the Customer fails to indicate the bank details, the Contractor shall not be liable for the incorrect and/or untimely transfer and/or non-transfer of funds according to the payment details of the Customer indicated by the latter when paying for services.