Public offer for IT services

1. General provisions

1.1. This document is a public offer within the meaning of Article 395 of the Civil Code of the Republic of Kazakhstan and contains an offer from Vivavi Consulting LLP, BIN 240140012345 (the “Contractor”), to enter into a service agreement with any person with legal capacity who accepts this offer (the “Client”).

1.2. Any of the following actions by the Client constitutes full and unconditional acceptance of the offer under Article 396 of the Civil Code of the Republic of Kazakhstan: submitting a request through the forms on vivavi.kz, contacting us by messenger or by phone to request services, or signing an agreement or an invoice.

1.3. From the moment of acceptance, the agreement between the parties is deemed concluded on the terms of this offer and does not need to be signed on paper by both parties, unless the parties have agreed otherwise.

1.4. The current version of the offer is always published on this page. The Client’s personal data is processed as described in the privacy policy.

2. Terms

• Services: IT consulting, process audits, design, development, implementation, integration and maintenance of information systems.
• Request: the Client’s inquiry through a form on the website, a messenger, email or phone.
• Assignment: a technical specification, work plan, estimate or other agreed document that sets out the scope, timeline and cost of a specific project.

3. Subject of the agreement

3.1. The Contractor provides the Client with the services defined in the Assignment, and the Client accepts and pays for them as set out in section 5.

3.2. Service areas:

• express audit of business processes and IT infrastructure;
• integration of accounting systems, CRM, payment services and messengers;
• development and implementation of AI agents, chatbots and voice scenarios;
• development of web services, mobile apps and analytics systems;
• technical support and maintenance of implemented systems.

3.3. The initial express audit is free of charge and does not oblige either party to continue working together.

4. Service delivery

4.1. The Contractor accepts the request, conducts an express audit and prepares a work plan with an estimate within three business days, unless the scope requires more time to study.

4.2. Once the Assignment is agreed, the parties sign an agreement, a technical specification and a schedule. Work starts after signing and receipt of payment in the agreed amount.

4.3. The Client provides access, data and a responsible contact person for prompt approvals. Deadlines are extended by the time the Contractor spent waiting for the Client’s access, data or decisions.

4.4. Results are handed over under a certificate of services rendered. The Client reviews the certificate within five business days and either signs it or sends reasoned comments. If no comments are received within this period, the services are deemed accepted.

4.5. The Contractor fixes justified issues related to the agreed Assignment at no extra charge. New requirements that were not in the Assignment are handled as a separate Assignment.

5. Price and payment

5.1. The cost of services is set individually in the estimate and depends on the scope of work, the number of integrations and timing requirements. There is no public price list.

5.2. Payments are made in tenge by bank transfer to the Contractor’s account. Taxes are charged in accordance with the laws of the Republic of Kazakhstan.

5.3. By default, a prepayment of 50 percent of the stage cost applies, and the balance is paid after the certificate is signed. A different procedure may be set out in the Assignment.

5.4. Services are considered paid once the funds reach the Contractor’s account. Bank charges are borne by the payer.

5.5. If the Client cancels the project, work that has been paid for and actually performed is not refunded. Any unused prepayment is refunded within ten business days after the parties reconcile the work completed.

6. Rights and obligations of the parties

6.1. The Contractor undertakes to provide the services in the agreed scope and timeframe, to maintain confidentiality, and to keep the Client informed about progress and any circumstances that hinder the work.

6.2. The Contractor may engage subcontractors while remaining responsible to the Client for the result, and may suspend work if payment is late or the necessary access is not provided.

6.3. The Client undertakes to provide information and access in a timely manner, appoint a responsible contact person, accept the results and pay for the services.

6.4. The Client confirms that it has the right to pass on to the Contractor the data and access it provides for the work, and that doing so does not infringe the rights of third parties.

7. Liability

7.1. The parties are liable for failure to perform their obligations in accordance with the laws of the Republic of Kazakhstan.

7.2. The Contractor’s liability is limited to the amount actually paid by the Client for the stage in which the dispute arose. The Contractor does not compensate lost profits or indirect losses.

7.3. The Contractor is not liable for failures of third-party services or the Client’s systems, for changes to the interfaces and rules of external platforms, or for the consequences of the Client’s actions with the systems handed over to it.

8. Confidentiality

8.1. The parties do not disclose to third parties any commercial, technical or financial information obtained during their cooperation for three years after the work is completed.

8.2. At the Client’s request, the parties sign a separate non-disclosure agreement before the audit begins.

8.3. The Contractor may mention the fact of cooperation and anonymized project results in its portfolio, unless the Client has prohibited this in writing.

9. Rights to the work results

9.1. Exclusive rights to the program code and materials created under the Assignment pass to the Client after full payment for the relevant stage.

9.2. Rights to third-party components and libraries, and to the Contractor’s own prior work used in the project, remain with their owners. The Client receives the right to use them as part of the delivered solution.

10. Force majeure

10.1. The parties are released from liability for failure to perform their obligations if it is caused by force majeure: natural disasters, military action, acts of government authorities, or major communication and power outages.

10.2. A party affected by such circumstances notifies the other party within five business days. Deadlines are extended for as long as the circumstances last.

11. Term and amendments

11.1. The offer is valid indefinitely until withdrawn by the Contractor. A withdrawal or a new version is published on this page and takes effect upon publication.

11.2. Projects already under way are governed by the version in force at the time of acceptance, unless the parties agree to switch to the new one.

11.3. Either party may terminate the agreement by giving the other ten business days’ notice and settling payment for the work actually performed.

12. Dispute resolution

12.1. The parties seek to resolve disagreements through negotiation. A claim is submitted in writing and considered within fifteen calendar days.

12.2. If no agreement is reached, the dispute is referred to the court at the Contractor’s location. The substantive law of the Republic of Kazakhstan applies.