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Agreement for provision of services in the Freedom Pay system No _______
Tashkent ________ ____ 202_
FREEDOM PAYMENTS JSC, hereinafter referred to as the Organization, represented by the First Manager, acting on the basis of the Articles of Association, on the one hand, and
________________________, hereinafter referred to as the Company, represented by the _________________, acting on the basis of the ___________________, on the other hand,
hereinafter jointly referred to as the Parties, and individually as the Party, or as indicated above, have entered into this Agreement for the provision of services in the Freedom Pay System (hereinafter referred to as the Agreement) as follows:
FREEDOM PAYMENTS JSC, hereinafter referred to as the Organization, represented by the First Manager, acting on the basis of the Articles of Association, on the one hand, and
________________________, hereinafter referred to as the Company, represented by the _________________, acting on the basis of the ___________________, on the other hand,
hereinafter jointly referred to as the Parties, and individually as the Party, or as indicated above, have entered into this Agreement for the provision of services in the Freedom Pay System (hereinafter referred to as the Agreement) as follows:
1. Terms and Definitions Used in the Agreement
1) Payment is a non-cash transaction of funds paid by the Payer to the Company for goods/works/services sold by the Company through the System.
2) Transaction is a banking operation that involves transferring money from one account to another.
3) Service means payment service in accordance with the license of the Central Bank of the Republic of Uzbekistan.
4) Payer is any individual or legal entity making Payments through the System.
5) Freedom Pay System/System is a software and hardware complex used by the Organization and ensuring information and technological interaction between the Organization, Bank, Payer and the Company in the course of acceptance of Payments in favor of the Company.
6) Settlement Participants include Bank, Payer, and the Company.
7) Online store is a software resource of the Company with a unique web address on the Internet, providing information via the Internet about the goods/works/services being sold, and accepting orders from Payers for their purchase.
8) Personal account is a specialized section of the Company on the Organization’s website, provided to the Company within the System, ensuring the use of the services provided for in paragraph 2.1 hereof, and ensuring that the Company receives real time information on the status of Payments, downloads the Registers of accepted payments.
9) Chargeback (Dispute Financial) is a requirement of the issuing bank to return to the cardholder the amount of the disputed transaction in the event of improper performance by the Company of its obligations to provide services paid for under the Agreement, or in the event of receipt by the issuing bank of an application from the cardholder from whose card account the payment was made, on the unlawful debiting of money from this card account to pay for services.
10) Bank/Acquiring Bank is a Commercial bank of the Republic of Uzbekistan, which acts as a partner of the Organization and ensures round-the-clock authorization of transactions carried out through the Company’s online stores using the Freedom Pay System.
11) International Payment System (hereinafter referred to as IPS) is a system of settlements between banks of different countries, using uniform standards of payment instruments of this system.
12) IPS rules is a set of documents regulating the activities of IPS participants.
13) Transaction Registry (hereinafter referred to as the Registers) is a report of the Organization, generated automatically through the Organization’s system. The Registers represent the basis for generating the Service completion certificate, indicating the total amount of services rendered for the period agreed upon by the Parties. The Register is an electronic file containing information on all applications routed in favor of the Company through the Organization’s System.
2) Transaction is a banking operation that involves transferring money from one account to another.
3) Service means payment service in accordance with the license of the Central Bank of the Republic of Uzbekistan.
4) Payer is any individual or legal entity making Payments through the System.
5) Freedom Pay System/System is a software and hardware complex used by the Organization and ensuring information and technological interaction between the Organization, Bank, Payer and the Company in the course of acceptance of Payments in favor of the Company.
6) Settlement Participants include Bank, Payer, and the Company.
7) Online store is a software resource of the Company with a unique web address on the Internet, providing information via the Internet about the goods/works/services being sold, and accepting orders from Payers for their purchase.
8) Personal account is a specialized section of the Company on the Organization’s website, provided to the Company within the System, ensuring the use of the services provided for in paragraph 2.1 hereof, and ensuring that the Company receives real time information on the status of Payments, downloads the Registers of accepted payments.
9) Chargeback (Dispute Financial) is a requirement of the issuing bank to return to the cardholder the amount of the disputed transaction in the event of improper performance by the Company of its obligations to provide services paid for under the Agreement, or in the event of receipt by the issuing bank of an application from the cardholder from whose card account the payment was made, on the unlawful debiting of money from this card account to pay for services.
10) Bank/Acquiring Bank is a Commercial bank of the Republic of Uzbekistan, which acts as a partner of the Organization and ensures round-the-clock authorization of transactions carried out through the Company’s online stores using the Freedom Pay System.
11) International Payment System (hereinafter referred to as IPS) is a system of settlements between banks of different countries, using uniform standards of payment instruments of this system.
12) IPS rules is a set of documents regulating the activities of IPS participants.
13) Transaction Registry (hereinafter referred to as the Registers) is a report of the Organization, generated automatically through the Organization’s system. The Registers represent the basis for generating the Service completion certificate, indicating the total amount of services rendered for the period agreed upon by the Parties. The Register is an electronic file containing information on all applications routed in favor of the Company through the Organization’s System.
2. Subject of the Agreement
2.1. The Organization provides the Company with services to ensure the acceptance of Payments by organizing and ensuring information and technological interaction between the Organization and the Settlement Participants, as well as by ensuring the transfer of funds to the Company for Payments for goods/works/services sold by the Company through the System, and the Company undertakes to pay the Organization a remuneration in the amount, within terms and under conditions approved by the Parties in the Agreement (hereinafter referred to as the Services).
2.2. The information and technology services provided by the Organization to the Company within the System may include, upon request of the Company, the following Services:
2.2.1. Gateway for connecting payment systems;
2.2.2. Integration and generation of transactions;
2.2.3. API for connecting the Company;
2.2.4. CMS connection modules;
2.2.5. Service for issuing bills and their accounting;
2.2.6. Client interface of the Company (personal account);
2.2.7. Reporting module;
2.2.8. Transaction monitoring functions;
2.2.9. Transaction statistics service;
2.2.10. Functions for unloading a transaction-by-transaction register;
2.2.11. Functions for automatic sending of a transaction-by-transaction register to the Company;
2.2.12. Module of permissible operations;
2.2.13. Payment acceptance service;
2.2.14. Payment refund service;
2.2.15. Payer notification module;
2.2.16. Sending notifications to e-mail and/or other resources;
2.2.17. Searching for a transaction on the Organization's website;
2.2.18. Module for creating requests to technical support for the Organization's System;
2.2.19. Mobile commerce service within the Freedom Pay electronic money system;
2.2.20. SecureBox anti-fraud monitoring service;
2.2.21. Service for generating Company's fiscal receipt certificate for transfer to the STC (State Tax Committee).
2.2. The information and technology services provided by the Organization to the Company within the System may include, upon request of the Company, the following Services:
2.2.1. Gateway for connecting payment systems;
2.2.2. Integration and generation of transactions;
2.2.3. API for connecting the Company;
2.2.4. CMS connection modules;
2.2.5. Service for issuing bills and their accounting;
2.2.6. Client interface of the Company (personal account);
2.2.7. Reporting module;
2.2.8. Transaction monitoring functions;
2.2.9. Transaction statistics service;
2.2.10. Functions for unloading a transaction-by-transaction register;
2.2.11. Functions for automatic sending of a transaction-by-transaction register to the Company;
2.2.12. Module of permissible operations;
2.2.13. Payment acceptance service;
2.2.14. Payment refund service;
2.2.15. Payer notification module;
2.2.16. Sending notifications to e-mail and/or other resources;
2.2.17. Searching for a transaction on the Organization's website;
2.2.18. Module for creating requests to technical support for the Organization's System;
2.2.19. Mobile commerce service within the Freedom Pay electronic money system;
2.2.20. SecureBox anti-fraud monitoring service;
2.2.21. Service for generating Company's fiscal receipt certificate for transfer to the STC (State Tax Committee).
3. Procedure for Interaction between Parties and Procedure for Mutual Settlements
3.1. Within 10 (ten) business days from the date of conclusion of the Agreement, the Organization shall form a general list of methods of accepting Payments in the System available to the Company and make the appropriate settings.
3.2. The Company connects its Online Store to the System in accordance with the Connection Instructions located on the Organization's website. As a result of the connection, the Company is provided with a Personal Account, through which the Company receives all the information and technological capabilities of the System, as well as the services provided for in paragraph 2.2 hereof.
3.3. The Organization collects funds for accepted Payments in favor of the Company, received in the Organization’s bank account specified in Section 15 of the Agreement (Details of the Parties) through the System.
3.4. The Organization shall transfer funds for accepted Payments to the Company's bank account specified in Section 15 of the Agreement (Details of the Parties), after deduction of the remuneration, and within the terms and under the conditions specified in this Agreement and/or its Appendices.
3.5. The Organization's remuneration for accepting Payments makes a certain percentage of the amount of accepted Payments, the amounts of which are specified in Appendix 2 hereto, and shall be calculated on the basis of the Registers generated by the System automatically.
3.6. All settlements and payments as per Registers shall be carried out by the Parties in non-cash form, in the national currency of the Republic of Uzbekistan at the exchange rate of the Central Bank of the Republic of Uzbekistan upon relevant Payment.
3.7. Every month, before the 10th (tenth) day of the month following the reporting month, the Organization shall generate electronically and send to the e-mail address of the Company _________ a relevant Service completion certificate, based on the Registers.
3.8. The Company shall verify the data specified in the Registers within a period not exceeding 10 (ten) business days from the date of receipt of the Service completion certificate. If there are no objections, the Organization shall sign and send to the Company 2 (two) copies of the Service completion certificate and an invoice for the amount of remuneration specified in the Service completion certificate within the period specified in this paragraph.
3.9. The Company shall sign and send to the Organization one copy of the Service completion certificate, signed by the Parties, within 5 (five) business days after receiving it from the Organization. The second copy shall remain with the Company.
3.10. In case of disagreement with the data provided in the Registers, the Company shall provide the Organization with a reasoned justification and supporting documents for reconciliation within the period specified in paragraph 3.9 hereof.
3.11. Within 5 (five) business days from the date of receipt of the Company's reasoned justification, the Organization shall reconcile the discrepancies identified by the Company. Should the discrepancies are confirmed during the reconciliation, the Organization, within the period established by this clause of the Agreement, shall draw up a Service completion certificate based on the corrected data. The Parties shall then act on the basis of paragraphs 3.8. – 3.9 hereof.
3.12. If the Company fails to provide the Organization with a signed Service completion certificate or a reasoned justification provided for in paragraph 3.10 hereof within 5 (five) business days, the Service completion certificate shall be deemed accepted by the Company and the services duly rendered by the Organization.
3.13. The Organization is not a payer of Value Added Tax (hereinafter referred to as VAT).
3.2. The Company connects its Online Store to the System in accordance with the Connection Instructions located on the Organization's website. As a result of the connection, the Company is provided with a Personal Account, through which the Company receives all the information and technological capabilities of the System, as well as the services provided for in paragraph 2.2 hereof.
3.3. The Organization collects funds for accepted Payments in favor of the Company, received in the Organization’s bank account specified in Section 15 of the Agreement (Details of the Parties) through the System.
3.4. The Organization shall transfer funds for accepted Payments to the Company's bank account specified in Section 15 of the Agreement (Details of the Parties), after deduction of the remuneration, and within the terms and under the conditions specified in this Agreement and/or its Appendices.
3.5. The Organization's remuneration for accepting Payments makes a certain percentage of the amount of accepted Payments, the amounts of which are specified in Appendix 2 hereto, and shall be calculated on the basis of the Registers generated by the System automatically.
3.6. All settlements and payments as per Registers shall be carried out by the Parties in non-cash form, in the national currency of the Republic of Uzbekistan at the exchange rate of the Central Bank of the Republic of Uzbekistan upon relevant Payment.
3.7. Every month, before the 10th (tenth) day of the month following the reporting month, the Organization shall generate electronically and send to the e-mail address of the Company _________ a relevant Service completion certificate, based on the Registers.
3.8. The Company shall verify the data specified in the Registers within a period not exceeding 10 (ten) business days from the date of receipt of the Service completion certificate. If there are no objections, the Organization shall sign and send to the Company 2 (two) copies of the Service completion certificate and an invoice for the amount of remuneration specified in the Service completion certificate within the period specified in this paragraph.
3.9. The Company shall sign and send to the Organization one copy of the Service completion certificate, signed by the Parties, within 5 (five) business days after receiving it from the Organization. The second copy shall remain with the Company.
3.10. In case of disagreement with the data provided in the Registers, the Company shall provide the Organization with a reasoned justification and supporting documents for reconciliation within the period specified in paragraph 3.9 hereof.
3.11. Within 5 (five) business days from the date of receipt of the Company's reasoned justification, the Organization shall reconcile the discrepancies identified by the Company. Should the discrepancies are confirmed during the reconciliation, the Organization, within the period established by this clause of the Agreement, shall draw up a Service completion certificate based on the corrected data. The Parties shall then act on the basis of paragraphs 3.8. – 3.9 hereof.
3.12. If the Company fails to provide the Organization with a signed Service completion certificate or a reasoned justification provided for in paragraph 3.10 hereof within 5 (five) business days, the Service completion certificate shall be deemed accepted by the Company and the services duly rendered by the Organization.
3.13. The Organization is not a payer of Value Added Tax (hereinafter referred to as VAT).
4. Rights and Obligations of the Parties
4.1. The Organization shall:
4.1.1. No later than 10 (ten) business days from the date of conclusion of the Agreement, ensure the appropriate configuration of the System, as well as the round-the-clock operation of the System for the purpose of receiving Payments from Payers in favor of the Company, as well as exchange of the information messages between the System and the Company.
4.1.2. Send the Company an electronic confirmation of the accepted Payment (System Message) in real time, indicating a unique number by which the details of the accepted Payment can be fully identified.
4.1.3. Immediately stop accepting Payments in the event of termination (suspension) of the powers of any of the services specified in Appendix 2 hereto. Such suspension, aimed at protecting the rights and interests of the Parties, shall not be deemed a violation of the Agreement and cannot serve as grounds for the application of property sanctions or other negative consequences against the Organization.
4.1.4. Notify the Company of the suspension of Services no later than the date of such suspension, indicating the reason and period of suspension.
4.1.5. Transfer to the Company’s bank account specified in Section 15 of the Agreement (Details of the Parties) the amount of all Payments received from Payers after deduction of remuneration, as well as within the timeframes specified in Appendix 2 hereto.
4.1.6. Provide technical support for the System in accordance with the terms of Section 7 of the Agreement.
4.1.7. Generate Registers for each day (for the period from 00:00:00 to 23:59:59, Tashkent time) and send the generated Registers to the e-mail address____________________ no later than 23:59:59, Tashkent time, on the first business day following the day of sending information about the Payment in accordance with clause 4.1.2. The Register Forms are determined in Appendix 3 hereto. If there were no transfers, the Organization shall send to the Company the Registers with a zero value. Based on the submitted Registers of transfers, monthly Registers of Payments and Payouts are formed. Unilateral modification of the data in the submitted Registers by the Organization is not allowed.
4.1.8. In time and in full comply with the requirements of the Law of the Republic of Uzbekistan "On combating the legalization of proceeds from crime, the financing of terrorism and the financing of proliferation of weapons of mass destruction", including measures to conduct due diligence of Clients (identification), check against sanctions lists, exclude the possibility of using payments as a tool for the legalization (laundering) of proceeds from crime and the financing of terrorism.
4.1.9. In the event of receiving a request for additional information on Payments from authorized bodies of the Republic of Uzbekistan, the Central Bank of the Republic of Uzbekistan, other government bodies or as part of the analysis of the operations of the Company and Payers by the Bank, the Organization shall provide available information, data and documents on operations that do not require additional time to collect information.
4.1.10. In the event that the Organization and/or the Bank and/or the IPS recognize any Payments as erroneous, duplicated, suspicious, or confirmed as fraudulent transactions, the Organization shall cancel such Payments.
4.1.11. Generate a fiscal receipt certificate for the Company for transfer to the STC (State Tax Committee).
4.2. The Organization may:
4.2.1. Unilaterally change the amount of remuneration under this Agreement, subject to prior notice to the Company of at least 10 (ten) business days.
4.2.2. Temporarily, unilaterally, and with mandatory prior notification of the Company, indicating the reasons, suspend the fulfillment of obligations under the Agreement in the following cases:
4.2.2.1. The occurrence of circumstances that prevent the use of any hardware and software connected to the technical infrastructure of the Company, or specialized software - for the period of existence of such circumstances;
4.2.2.2. The occurrence of circumstances beyond the control of the Parties which, in the opinion of the Organization, may result in significant losses for the Organization and/or the Company - for the period of existence of such circumstances;
4.2.2.3. Violation by the Company of any of its obligations stipulated by the Agreement - until the Company has completely eliminated the violation committed.
4.2.3. Suspend transfer or withhold from subsequent Payments the monetary amounts of transactions that have become or may become the subject of any disputes or disagreements in accordance with the IPS rules.
4.2.4. Require the Company to conduct intermediate reconciliations of settlements under the Agreement, should any discrepancies are identified.
4.2.5. Post information about cooperation with the Company, as well as trademarks or other images that represent means of identification of the Company and/or its services in the relevant Payment acceptance points, in printed materials and on Internet websites used by the Organization to accept Payments from Payers.
4.2.6. The Organization may unilaterally change the terms of the Agreement to improve them for the Company, subject to mandatory notification of the Company.
4.2.7. In order to fulfill obligations hereunder, the Organization may assign some of its rights and powers to third parties. The assignment by the Organization of its rights and powers hereunder does not release the Organization from fulfilling obligations hereunder and does not relieve the Organization of liability for violation of obligations provided herein.
4.2.8. The Organization may demand from the Company (its representative) the provision of information and documents necessary for the proper verification and identification of the Company (its representative), the identification of the beneficial owner, as well as the provision of information on tax residency, type of activity and source of financing of the transactions performed, documents related to the performance of transactions, as well as those necessary for verifying the compliance of the Payment transactions performed by the Company with the law.
4.2.9. The Organization may refuse the Company to continue business relations, to conduct operations for accepting Payments and/or to suspend the Company’s operations in cases stipulated by the Law of the Republic of Uzbekistan “On combating the legalization of proceeds from crime, the financing of terrorism and the financing of proliferation of weapons of mass destruction” and other regulatory and legal acts of the Republic of Uzbekistan and the MPS rules.
4.2.10. Suspend the performance of obligations under the Agreement in relation to the Company if there are reasonable grounds for assuming possible fraud or other illegal activities of such Company related to the use of information systems and/or the sale of Prohibited Goods, until the dispute is clarified / resolved.
4.2.11. Unilaterally change the period for crediting funds for Transactions conducted in the Company's Online Stores through the System in the event of suspicion of fraudulent transactions, by notifying the Company in writing.
4.2.12. Unilaterally change the amount of the transaction, as well as daily and monthly limits in case of suspicion of fraudulent transactions.
4.3. The Company shall:
4.3.1. Comply with all the System operation requirements and rules, the instructions for use of the personal account in the System, which represent an integral part of the Agreement, as well as all instructions of the Organization (including instructions for a specific type of Payment issued by the System when paying for a specific product, work, and service).
4.3.2. Provide all information necessary for accepting Payments accurately and reliably.
4.3.3. Avoid using the System in any activity, including but not limited to entrepreneurial activity that violates the applicable legislation of the Republic of Uzbekistan and/or the rules of the International Payment System.
4.3.4. Independently pay all taxes related to the activities of the Company.
4.3.5. Upon request of the Organization, provide the Organization with information on the activities of the Company and documents necessary for the Organization to fulfill its obligations stipulated by the Agreement and the legislation of the Republic of Uzbekistan and internal documents of the Organization, including, but not limited to, information on beneficial owners within 2 (two) business days from the date of receipt of the request.
4.3.6. Provide the Organization with supporting documents on the delivery of the Goods and/or provision of Services upon the first written request of the Organization within 2 (two) business days from the date of receipt of such a request.
4.3.7. Compensate the Organization for losses incurred in connection with fines and other deductions caused by the Company’s violation of the IPS Rules, as well as expenses related to the Company’s violation of the IPS Rules, which resulted in fines and other deductions;
4.3.8. In order to prevent the possibility of causing losses to the Organization, notify the Organization in writing within 3 (three) business days of the adoption by authorized bodies of restrictive decisions/actions in relation to the Company, such as:
4.3.8.1. forced reorganization or liquidation of the Company;
4.3.8.2. suspension of expenditure transactions on any bank accounts of the Company;
4.3.8.3. seizure of money and/or other property of the Company;
4.3.8.4. other decisions or actions that are of material importance for the execution hereof;
4.3.9. Notify the Organization in writing of all changes and additions to the documents submitted upon conclusion of this Agreement, as well as in the event of a change in the beneficiary, executive body, telephone numbers, fax numbers, e-mail, legal/actual addresses, bank details, constituent documents and other information provided by the Company to the Organization, within 3 (three) business days from the date of such changes/additions.
4.3.10. The Company shall independently resolve Payers' claims for receiving substandard and/or incomplete Goods, and/or Goods that do not correspond to the stated characteristics or description, or if the Goods are not delivered within the specified terms, as well as in cases of non-performance and/or improper performance of Services, without involving the Organization into the return procedure, unless otherwise established by agreement of the Parties and the legislation of the Republic of Uzbekistan.
4.3.11. Immediately inform the Organization of any cases of compromise (or suspicions of compromise) of information on card details and Payments made using them through the Organization’s System that become known to the Company.
4.3.12. To generate a fiscal receipt certificate for the Company, in the personal account of the Company, located on the website of the State Tax Committee at mysoliq.uz, indicate the Organization as a commission agent, in the manner specified in Chapter 48 of the Civil Code of the Republic of Uzbekistan.
4.3.13. In the event that the Company decides to exclude information from the personal account on the mysoliq.uz website about the fact that the Organization is the Company's commission agent, notify the Organization at least 30 (thirty) calendar days prior to the date of making such changes.
4.3.14. If the Company fails to include information that the Organization is the Company's commission agent and/or its exclusion from the personal account on the mysoliq.uz website, and the Organization incurs any financial obligations, penalties and/or any liability to third parties, state and non-state bodies and organizations in connection therewith, reimburse the Organization for the expenses incurred, losses, and also pay the Organization a fine in the amount of 10% of the amount of expenses and losses incurred by the Organization.
4.4. The Company may:
4.4.1. Use the System and its Services in any accessible and permitted manner.
4.4.2. Access the System in any convenient manner permitted by the System.
4.4.3. Request from the Organization any information regarding accepted Payments using cards through the Organization's System in accordance with the legislation of the Republic of Uzbekistan. Information shall be provided by the Organization taking into account the requirements and restrictions established by the legislation of the Republic of Uzbekistan;
4.4.4. During the term of the Agreement, place the trademark (service mark) of the Organization in all types of advertising and information items related to the execution of the Agreement, having previously notified the Organization of this and received the written consent of the Organization.
4.4.5. Place on the website of the Online Store the System logo and the corresponding hypertext link to the Organization's website (and/or the Payment System's website, if such a requirement exists), with a description of the conditions for making Payments through the System, to which Payers must have access.
4.1.1. No later than 10 (ten) business days from the date of conclusion of the Agreement, ensure the appropriate configuration of the System, as well as the round-the-clock operation of the System for the purpose of receiving Payments from Payers in favor of the Company, as well as exchange of the information messages between the System and the Company.
4.1.2. Send the Company an electronic confirmation of the accepted Payment (System Message) in real time, indicating a unique number by which the details of the accepted Payment can be fully identified.
4.1.3. Immediately stop accepting Payments in the event of termination (suspension) of the powers of any of the services specified in Appendix 2 hereto. Such suspension, aimed at protecting the rights and interests of the Parties, shall not be deemed a violation of the Agreement and cannot serve as grounds for the application of property sanctions or other negative consequences against the Organization.
4.1.4. Notify the Company of the suspension of Services no later than the date of such suspension, indicating the reason and period of suspension.
4.1.5. Transfer to the Company’s bank account specified in Section 15 of the Agreement (Details of the Parties) the amount of all Payments received from Payers after deduction of remuneration, as well as within the timeframes specified in Appendix 2 hereto.
4.1.6. Provide technical support for the System in accordance with the terms of Section 7 of the Agreement.
4.1.7. Generate Registers for each day (for the period from 00:00:00 to 23:59:59, Tashkent time) and send the generated Registers to the e-mail address____________________ no later than 23:59:59, Tashkent time, on the first business day following the day of sending information about the Payment in accordance with clause 4.1.2. The Register Forms are determined in Appendix 3 hereto. If there were no transfers, the Organization shall send to the Company the Registers with a zero value. Based on the submitted Registers of transfers, monthly Registers of Payments and Payouts are formed. Unilateral modification of the data in the submitted Registers by the Organization is not allowed.
4.1.8. In time and in full comply with the requirements of the Law of the Republic of Uzbekistan "On combating the legalization of proceeds from crime, the financing of terrorism and the financing of proliferation of weapons of mass destruction", including measures to conduct due diligence of Clients (identification), check against sanctions lists, exclude the possibility of using payments as a tool for the legalization (laundering) of proceeds from crime and the financing of terrorism.
4.1.9. In the event of receiving a request for additional information on Payments from authorized bodies of the Republic of Uzbekistan, the Central Bank of the Republic of Uzbekistan, other government bodies or as part of the analysis of the operations of the Company and Payers by the Bank, the Organization shall provide available information, data and documents on operations that do not require additional time to collect information.
4.1.10. In the event that the Organization and/or the Bank and/or the IPS recognize any Payments as erroneous, duplicated, suspicious, or confirmed as fraudulent transactions, the Organization shall cancel such Payments.
4.1.11. Generate a fiscal receipt certificate for the Company for transfer to the STC (State Tax Committee).
4.2. The Organization may:
4.2.1. Unilaterally change the amount of remuneration under this Agreement, subject to prior notice to the Company of at least 10 (ten) business days.
4.2.2. Temporarily, unilaterally, and with mandatory prior notification of the Company, indicating the reasons, suspend the fulfillment of obligations under the Agreement in the following cases:
4.2.2.1. The occurrence of circumstances that prevent the use of any hardware and software connected to the technical infrastructure of the Company, or specialized software - for the period of existence of such circumstances;
4.2.2.2. The occurrence of circumstances beyond the control of the Parties which, in the opinion of the Organization, may result in significant losses for the Organization and/or the Company - for the period of existence of such circumstances;
4.2.2.3. Violation by the Company of any of its obligations stipulated by the Agreement - until the Company has completely eliminated the violation committed.
4.2.3. Suspend transfer or withhold from subsequent Payments the monetary amounts of transactions that have become or may become the subject of any disputes or disagreements in accordance with the IPS rules.
4.2.4. Require the Company to conduct intermediate reconciliations of settlements under the Agreement, should any discrepancies are identified.
4.2.5. Post information about cooperation with the Company, as well as trademarks or other images that represent means of identification of the Company and/or its services in the relevant Payment acceptance points, in printed materials and on Internet websites used by the Organization to accept Payments from Payers.
4.2.6. The Organization may unilaterally change the terms of the Agreement to improve them for the Company, subject to mandatory notification of the Company.
4.2.7. In order to fulfill obligations hereunder, the Organization may assign some of its rights and powers to third parties. The assignment by the Organization of its rights and powers hereunder does not release the Organization from fulfilling obligations hereunder and does not relieve the Organization of liability for violation of obligations provided herein.
4.2.8. The Organization may demand from the Company (its representative) the provision of information and documents necessary for the proper verification and identification of the Company (its representative), the identification of the beneficial owner, as well as the provision of information on tax residency, type of activity and source of financing of the transactions performed, documents related to the performance of transactions, as well as those necessary for verifying the compliance of the Payment transactions performed by the Company with the law.
4.2.9. The Organization may refuse the Company to continue business relations, to conduct operations for accepting Payments and/or to suspend the Company’s operations in cases stipulated by the Law of the Republic of Uzbekistan “On combating the legalization of proceeds from crime, the financing of terrorism and the financing of proliferation of weapons of mass destruction” and other regulatory and legal acts of the Republic of Uzbekistan and the MPS rules.
4.2.10. Suspend the performance of obligations under the Agreement in relation to the Company if there are reasonable grounds for assuming possible fraud or other illegal activities of such Company related to the use of information systems and/or the sale of Prohibited Goods, until the dispute is clarified / resolved.
4.2.11. Unilaterally change the period for crediting funds for Transactions conducted in the Company's Online Stores through the System in the event of suspicion of fraudulent transactions, by notifying the Company in writing.
4.2.12. Unilaterally change the amount of the transaction, as well as daily and monthly limits in case of suspicion of fraudulent transactions.
4.3. The Company shall:
4.3.1. Comply with all the System operation requirements and rules, the instructions for use of the personal account in the System, which represent an integral part of the Agreement, as well as all instructions of the Organization (including instructions for a specific type of Payment issued by the System when paying for a specific product, work, and service).
4.3.2. Provide all information necessary for accepting Payments accurately and reliably.
4.3.3. Avoid using the System in any activity, including but not limited to entrepreneurial activity that violates the applicable legislation of the Republic of Uzbekistan and/or the rules of the International Payment System.
4.3.4. Independently pay all taxes related to the activities of the Company.
4.3.5. Upon request of the Organization, provide the Organization with information on the activities of the Company and documents necessary for the Organization to fulfill its obligations stipulated by the Agreement and the legislation of the Republic of Uzbekistan and internal documents of the Organization, including, but not limited to, information on beneficial owners within 2 (two) business days from the date of receipt of the request.
4.3.6. Provide the Organization with supporting documents on the delivery of the Goods and/or provision of Services upon the first written request of the Organization within 2 (two) business days from the date of receipt of such a request.
4.3.7. Compensate the Organization for losses incurred in connection with fines and other deductions caused by the Company’s violation of the IPS Rules, as well as expenses related to the Company’s violation of the IPS Rules, which resulted in fines and other deductions;
4.3.8. In order to prevent the possibility of causing losses to the Organization, notify the Organization in writing within 3 (three) business days of the adoption by authorized bodies of restrictive decisions/actions in relation to the Company, such as:
4.3.8.1. forced reorganization or liquidation of the Company;
4.3.8.2. suspension of expenditure transactions on any bank accounts of the Company;
4.3.8.3. seizure of money and/or other property of the Company;
4.3.8.4. other decisions or actions that are of material importance for the execution hereof;
4.3.9. Notify the Organization in writing of all changes and additions to the documents submitted upon conclusion of this Agreement, as well as in the event of a change in the beneficiary, executive body, telephone numbers, fax numbers, e-mail, legal/actual addresses, bank details, constituent documents and other information provided by the Company to the Organization, within 3 (three) business days from the date of such changes/additions.
4.3.10. The Company shall independently resolve Payers' claims for receiving substandard and/or incomplete Goods, and/or Goods that do not correspond to the stated characteristics or description, or if the Goods are not delivered within the specified terms, as well as in cases of non-performance and/or improper performance of Services, without involving the Organization into the return procedure, unless otherwise established by agreement of the Parties and the legislation of the Republic of Uzbekistan.
4.3.11. Immediately inform the Organization of any cases of compromise (or suspicions of compromise) of information on card details and Payments made using them through the Organization’s System that become known to the Company.
4.3.12. To generate a fiscal receipt certificate for the Company, in the personal account of the Company, located on the website of the State Tax Committee at mysoliq.uz, indicate the Organization as a commission agent, in the manner specified in Chapter 48 of the Civil Code of the Republic of Uzbekistan.
4.3.13. In the event that the Company decides to exclude information from the personal account on the mysoliq.uz website about the fact that the Organization is the Company's commission agent, notify the Organization at least 30 (thirty) calendar days prior to the date of making such changes.
4.3.14. If the Company fails to include information that the Organization is the Company's commission agent and/or its exclusion from the personal account on the mysoliq.uz website, and the Organization incurs any financial obligations, penalties and/or any liability to third parties, state and non-state bodies and organizations in connection therewith, reimburse the Organization for the expenses incurred, losses, and also pay the Organization a fine in the amount of 10% of the amount of expenses and losses incurred by the Organization.
4.4. The Company may:
4.4.1. Use the System and its Services in any accessible and permitted manner.
4.4.2. Access the System in any convenient manner permitted by the System.
4.4.3. Request from the Organization any information regarding accepted Payments using cards through the Organization's System in accordance with the legislation of the Republic of Uzbekistan. Information shall be provided by the Organization taking into account the requirements and restrictions established by the legislation of the Republic of Uzbekistan;
4.4.4. During the term of the Agreement, place the trademark (service mark) of the Organization in all types of advertising and information items related to the execution of the Agreement, having previously notified the Organization of this and received the written consent of the Organization.
4.4.5. Place on the website of the Online Store the System logo and the corresponding hypertext link to the Organization's website (and/or the Payment System's website, if such a requirement exists), with a description of the conditions for making Payments through the System, to which Payers must have access.
5. Chargeback, Refunds to the Payer
5.1. In the event that the Organization/Bank receives a Chargeback request, the Organization shall submit a written request (in hard or electronic form) to the Company to provide documents confirming the fulfillment of obligations to supply goods/works/services.
5.2. The Company shall provide the Organization with the documents requested by the Organization in accordance with the terms of the Agreement within 2 (two) business days from the date of receipt of such request.
5.3. In the absence of the documents from the Company required for submission to the Organization/Bank in accordance with paragraphs 5.1, 5.2 of the Agreement, or in the event of their failure to submit them within the period specified in paragraph 5.2 hereof, or in the event that the Company agrees with the fact of non-fulfillment or improper fulfillment by the Company of its obligations to the Payer, or in the event that the Transaction is indisputably recognized by the IPS/Bank as fraudulent, the Organization, at its own expense, shall return the Transaction amount to be returned to the Payer, and subsequently withhold this amount from the funds to be transferred to the Company’s account. The Company hereby expresses its consent to the withholding by the Organization of the Transaction amount returned by the Organization or the Bank to the Payer from the funds to be transferred to the Company’s account.
5.4. The Organization's crediting of funds to the Company's account under Transactions does not mean final and indisputable recognition of the authorized nature of such Transactions. Such Transactions may be recognized as unauthorized in accordance with the legislation of the Republic of Uzbekistan, the Agreement and/or the IPS rules. The Company hereby assumes all risks associated with the possible recognition of the Transaction as fraudulent and shall unconditionally return the money to the Organization in the event that the Organization receives a Chargeback.
5.5. In the event that the Bank or Organization identifies Transactions, the authorization of which raises suspicions in the Bank or Organization, the Organization may suspend Payments for goods/works/services in the Online Store of the Company using cards through the Internet Payment System of the Organization and the crediting of funds to the account of the Company for such Transactions. The crediting of funds shall be suspended for the period of investigation of the authorized nature of the Transactions, but not more than 180 (one hundred eighty) calendar days from the date of the Transaction.
5.6. In the event that the IPS recognizes the unauthorized nature of Transactions prior to the assignment of sanctions to the Bank or the IPS Organization, the Organization may, in order to ensure execution, not to transfer amounts to the Company’s account for unauthorized Transactions.
5.7. If, prior to the expiration of terms stipulated by the requirements of the IPS for the assignment of sanctions on Transactions, such sanctions are assigned, the Organization shall reimburse the IPS for the amounts of unauthorized Transactions at the expense of the Company.
5.8. If, upon expiration of the terms stipulated by the requirements of the IPS for the assignment of sanctions on Transactions, such sanctions are not assigned to the Organization, or if the IPS recognizes the authorized nature of Transactions, the amounts for which are withheld by the Organization in accordance with this clause of the Agreement, the Organization shall return the withheld funds to the Company’s account.
5.9. If the amount of Chargeback exceeds 1 (one) % of the amount of all Transactions in relation to the Company preceding the date of exceeding the specified percentage, the Organization may suspend the processing of Transactions (including crediting funds to the Company’s accounts) for a period of up to 180 (one hundred eighty) calendar days.
5.10. If the information is reflected in the IPS reports on questionable card transactions and/or the amount of Chargeback on the Company's transactions exceeds 5 (five) % of the amount of all transactions of the Company for one year, the Organization may stop processing the Company's transactions, including crediting money to the Company's account.
5.2. The Company shall provide the Organization with the documents requested by the Organization in accordance with the terms of the Agreement within 2 (two) business days from the date of receipt of such request.
5.3. In the absence of the documents from the Company required for submission to the Organization/Bank in accordance with paragraphs 5.1, 5.2 of the Agreement, or in the event of their failure to submit them within the period specified in paragraph 5.2 hereof, or in the event that the Company agrees with the fact of non-fulfillment or improper fulfillment by the Company of its obligations to the Payer, or in the event that the Transaction is indisputably recognized by the IPS/Bank as fraudulent, the Organization, at its own expense, shall return the Transaction amount to be returned to the Payer, and subsequently withhold this amount from the funds to be transferred to the Company’s account. The Company hereby expresses its consent to the withholding by the Organization of the Transaction amount returned by the Organization or the Bank to the Payer from the funds to be transferred to the Company’s account.
5.4. The Organization's crediting of funds to the Company's account under Transactions does not mean final and indisputable recognition of the authorized nature of such Transactions. Such Transactions may be recognized as unauthorized in accordance with the legislation of the Republic of Uzbekistan, the Agreement and/or the IPS rules. The Company hereby assumes all risks associated with the possible recognition of the Transaction as fraudulent and shall unconditionally return the money to the Organization in the event that the Organization receives a Chargeback.
5.5. In the event that the Bank or Organization identifies Transactions, the authorization of which raises suspicions in the Bank or Organization, the Organization may suspend Payments for goods/works/services in the Online Store of the Company using cards through the Internet Payment System of the Organization and the crediting of funds to the account of the Company for such Transactions. The crediting of funds shall be suspended for the period of investigation of the authorized nature of the Transactions, but not more than 180 (one hundred eighty) calendar days from the date of the Transaction.
5.6. In the event that the IPS recognizes the unauthorized nature of Transactions prior to the assignment of sanctions to the Bank or the IPS Organization, the Organization may, in order to ensure execution, not to transfer amounts to the Company’s account for unauthorized Transactions.
5.7. If, prior to the expiration of terms stipulated by the requirements of the IPS for the assignment of sanctions on Transactions, such sanctions are assigned, the Organization shall reimburse the IPS for the amounts of unauthorized Transactions at the expense of the Company.
5.8. If, upon expiration of the terms stipulated by the requirements of the IPS for the assignment of sanctions on Transactions, such sanctions are not assigned to the Organization, or if the IPS recognizes the authorized nature of Transactions, the amounts for which are withheld by the Organization in accordance with this clause of the Agreement, the Organization shall return the withheld funds to the Company’s account.
5.9. If the amount of Chargeback exceeds 1 (one) % of the amount of all Transactions in relation to the Company preceding the date of exceeding the specified percentage, the Organization may suspend the processing of Transactions (including crediting funds to the Company’s accounts) for a period of up to 180 (one hundred eighty) calendar days.
5.10. If the information is reflected in the IPS reports on questionable card transactions and/or the amount of Chargeback on the Company's transactions exceeds 5 (five) % of the amount of all transactions of the Company for one year, the Organization may stop processing the Company's transactions, including crediting money to the Company's account.
6. Responsibility of the Parties
6.1. In case of failure to fulfill or improper fulfillment by the Organization of its obligations in accordance with the provisions of paragraph 4.1.5 hereof, the Company shall have the right to demand payment of a penalty in the form of a fine in the amount of 0.1 (one tenth) % of the amount of remuneration specified in the Service completion certificate for the billing month for each day of delay, but not more than 10 (ten) % of such amount.
6.2. In the event of failure to fulfill or improper fulfillment by the Company of its obligations in accordance with the provisions of paragraphs 3.8 and 3.9 hereof, the Organization shall have the right to demand payment of a penalty in the form of a fine in the amount of 0.1 (one tenth) % of the amount of remuneration specified in the Service completion certificate for each day of delay, but not more than 10 (ten) % of such amount.
6.3. The amounts of penalties provided for by the Agreement shall be paid by one Party within 5 (five) business days from the date of receipt of the relevant notification and invoice from the other Party whose rights have been violated by the failure to fulfill or improper fulfillment of obligations.
6.4. Payment of the penalty does not release the Parties from fulfilling their obligations under the Agreement.
6.5. The collection of penalties, fines and forfeits is the right, but not the obligation, of the Parties.
6.6. The Company shall be fully liable to the Organization for the actions of persons having access to the Online Store management, in relation to Payments made through the Organization’s System in violation of the requirements of the Agreement, as well as for actions directed against the Organization and the Settlement Participants.
6.7. The Organization shall be fully liable to the Company for the actions of persons having access to the System management, in relation to Payments made through the Organization’s System in violation of the requirements of the Agreement, as well as for actions directed against the Settlement Participants.
6.8. The Company shall be liable for any actual damages caused to the Organization and third parties as a result of the Company’s failure to comply with the terms of the Agreement and the requirements of the legislation of the Republic of Uzbekistan in carrying out its activities, including carrying out activities through the Organization’s System.
6.9. The Organization shall be liable for actual damages caused to third parties and the Company as a result of its failure to comply with the requirements of the legislation of the Republic of Uzbekistan in the implementation of its activities, including the implementation of activities through its own System.
6.10. The Organization shall not be liable in the event of disagreements and disputes between the Company and the Payer regarding goods/works/services sold by the Company.
6.11. The Organization shall not be liable for any disruptions in the operation of hardware, software, power supply systems and data transmission systems that arise through no fault of the Organization.
6.12. The Organization shall not be liable for the content of information provided by the Company for placement on the information materials and resources of the Company and payment services.
6.13. If the Organization incurs any losses due to the actions or inactions of the Company in connection with claims submitted by Payers due to the Company’s failure to fulfill its obligations to Payers, the Company shall compensate for such damages in full.
6.14. In the event that the Company incurs any actual losses related to the actions or inactions of the Organization due to improper and/or untimely fulfillment by the Organization of its obligations to the Company, the Organization shall compensate for these losses in full.
6.15. In the event that the Organization incurs any actual losses related to the action or inaction of the Company due to improper and/or untimely fulfillment by the Company of its obligations to the Organization, the Company shall compensate for these losses in full.
6.16. The Parties shall be liable for the disclosure or loss of confidential information specified in Section 8 hereof (Confidentiality), in accordance with the applicable legislation of the Republic of Uzbekistan.
6.17. The Organization shall not be liable for any delay in the transfer of remuneration to the Company if such delay is caused by untimely written notification to the Organization of a change in the details of the Company specified by the Company in Section 15 of this Agreement (Details of the Parties), as well as in the event of a violation by the Company of the terms and conditions hereof.
6.18. The Organization shall not be liable for any disputes or disagreements arising between the Company and Payers regarding Payments made using cards through the Company's online store, related to failures in the operation of the software and electronic communication channels used by the Company when making the above Payments, as well as in situations related to the Company's provision of information security when making these Payments, and in other situations arising through the fault of the Company.
6.19. The Company shall compensate the Organization for any losses incurred by the Organization if such losses were related to the sale of goods/works/services of the Company that are prohibited from sale by the legislation of the Republic of Uzbekistan and prohibited from sale via the Internet in accordance with the Rules of the International Payment Systems.
6.20. If the actions of the Company result in losses (including actual losses and lost profits) and/or damage to the business reputation of the Organization, the Company shall compensate the Organization for the losses/damages caused, the amount of which shall be specified in the written claim submitted by the Organization and may be adjusted by an agreement signed by both Parties. The Organization and the Company shall, in each individual case, stipulate the procedure for compensation by the Company to the Organization for losses and/or damage to the business reputation of the Organization - by deduction from the amounts due to the Company or by payment as per invoice issued by the Organization. The Organization may suspend settlements under the Agreement until the claims provided for in this clause of the Agreement are settled.
6.2. In the event of failure to fulfill or improper fulfillment by the Company of its obligations in accordance with the provisions of paragraphs 3.8 and 3.9 hereof, the Organization shall have the right to demand payment of a penalty in the form of a fine in the amount of 0.1 (one tenth) % of the amount of remuneration specified in the Service completion certificate for each day of delay, but not more than 10 (ten) % of such amount.
6.3. The amounts of penalties provided for by the Agreement shall be paid by one Party within 5 (five) business days from the date of receipt of the relevant notification and invoice from the other Party whose rights have been violated by the failure to fulfill or improper fulfillment of obligations.
6.4. Payment of the penalty does not release the Parties from fulfilling their obligations under the Agreement.
6.5. The collection of penalties, fines and forfeits is the right, but not the obligation, of the Parties.
6.6. The Company shall be fully liable to the Organization for the actions of persons having access to the Online Store management, in relation to Payments made through the Organization’s System in violation of the requirements of the Agreement, as well as for actions directed against the Organization and the Settlement Participants.
6.7. The Organization shall be fully liable to the Company for the actions of persons having access to the System management, in relation to Payments made through the Organization’s System in violation of the requirements of the Agreement, as well as for actions directed against the Settlement Participants.
6.8. The Company shall be liable for any actual damages caused to the Organization and third parties as a result of the Company’s failure to comply with the terms of the Agreement and the requirements of the legislation of the Republic of Uzbekistan in carrying out its activities, including carrying out activities through the Organization’s System.
6.9. The Organization shall be liable for actual damages caused to third parties and the Company as a result of its failure to comply with the requirements of the legislation of the Republic of Uzbekistan in the implementation of its activities, including the implementation of activities through its own System.
6.10. The Organization shall not be liable in the event of disagreements and disputes between the Company and the Payer regarding goods/works/services sold by the Company.
6.11. The Organization shall not be liable for any disruptions in the operation of hardware, software, power supply systems and data transmission systems that arise through no fault of the Organization.
6.12. The Organization shall not be liable for the content of information provided by the Company for placement on the information materials and resources of the Company and payment services.
6.13. If the Organization incurs any losses due to the actions or inactions of the Company in connection with claims submitted by Payers due to the Company’s failure to fulfill its obligations to Payers, the Company shall compensate for such damages in full.
6.14. In the event that the Company incurs any actual losses related to the actions or inactions of the Organization due to improper and/or untimely fulfillment by the Organization of its obligations to the Company, the Organization shall compensate for these losses in full.
6.15. In the event that the Organization incurs any actual losses related to the action or inaction of the Company due to improper and/or untimely fulfillment by the Company of its obligations to the Organization, the Company shall compensate for these losses in full.
6.16. The Parties shall be liable for the disclosure or loss of confidential information specified in Section 8 hereof (Confidentiality), in accordance with the applicable legislation of the Republic of Uzbekistan.
6.17. The Organization shall not be liable for any delay in the transfer of remuneration to the Company if such delay is caused by untimely written notification to the Organization of a change in the details of the Company specified by the Company in Section 15 of this Agreement (Details of the Parties), as well as in the event of a violation by the Company of the terms and conditions hereof.
6.18. The Organization shall not be liable for any disputes or disagreements arising between the Company and Payers regarding Payments made using cards through the Company's online store, related to failures in the operation of the software and electronic communication channels used by the Company when making the above Payments, as well as in situations related to the Company's provision of information security when making these Payments, and in other situations arising through the fault of the Company.
6.19. The Company shall compensate the Organization for any losses incurred by the Organization if such losses were related to the sale of goods/works/services of the Company that are prohibited from sale by the legislation of the Republic of Uzbekistan and prohibited from sale via the Internet in accordance with the Rules of the International Payment Systems.
6.20. If the actions of the Company result in losses (including actual losses and lost profits) and/or damage to the business reputation of the Organization, the Company shall compensate the Organization for the losses/damages caused, the amount of which shall be specified in the written claim submitted by the Organization and may be adjusted by an agreement signed by both Parties. The Organization and the Company shall, in each individual case, stipulate the procedure for compensation by the Company to the Organization for losses and/or damage to the business reputation of the Organization - by deduction from the amounts due to the Company or by payment as per invoice issued by the Organization. The Organization may suspend settlements under the Agreement until the claims provided for in this clause of the Agreement are settled.
7. System Support
7.1. The Organization shall provide the system support during the entire term hereof.
7.2. The Company shall formulate the problem and send a request to the Organization's email address: info@freedompay.uz.
7.3. Within 24 (twenty-four) hours from the receipt of the above request, the Organization shall send to the Company’s email a notification about the acceptance of the request for execution and the relevant deadlines.
7.4. The support does not include training of the Company's personnel in the use of the System. For training purposes, use the user manual located on the Organization's website.
7.2. The Company shall formulate the problem and send a request to the Organization's email address: info@freedompay.uz.
7.3. Within 24 (twenty-four) hours from the receipt of the above request, the Organization shall send to the Company’s email a notification about the acceptance of the request for execution and the relevant deadlines.
7.4. The support does not include training of the Company's personnel in the use of the System. For training purposes, use the user manual located on the Organization's website.
8. Confidentiality
8.1. The Parties will not disclose information received during the execution of the Agreement that is confidential for each of the Parties. Confidential information in the Agreement means information that is not publicly available, the disclosure of which may lead to losses and/or affect the business reputation of any of the Parties, including information about Payers, Payments, transaction volumes, information about the tariffs and pricing policies of the Parties.
8.2. The fact of the conclusion of the Agreement and the subject of the Agreement shall not be deemed confidential information.
8.3. The Parties will not disclose the information specified in paragraph 8.1 hereof to third parties, with the exception of responsible persons of the Parties authorized to receive and transmit information on behalf of each of the Parties in connection with the fulfillment of obligations under the Agreement.
8.4. Confidential information may be provided to third parties only in the manner established by the legislation of the Republic of Uzbekistan, to the Organization's partners for the fulfillment of the terms of the Agreement or by prior written agreement with the Party whose information may be disclosed (with a detailed description of the nature of the information, indication of the third party, purposes, reasons and other material points relating to such information).
8.5. In the event of termination of the Agreement, the Parties shall not disclose or use in their own interests and/or the interests of third parties the information specified in paragraph 8.1 of the Agreement for 1 (one) year from the date of termination of the Agreement.
8.2. The fact of the conclusion of the Agreement and the subject of the Agreement shall not be deemed confidential information.
8.3. The Parties will not disclose the information specified in paragraph 8.1 hereof to third parties, with the exception of responsible persons of the Parties authorized to receive and transmit information on behalf of each of the Parties in connection with the fulfillment of obligations under the Agreement.
8.4. Confidential information may be provided to third parties only in the manner established by the legislation of the Republic of Uzbekistan, to the Organization's partners for the fulfillment of the terms of the Agreement or by prior written agreement with the Party whose information may be disclosed (with a detailed description of the nature of the information, indication of the third party, purposes, reasons and other material points relating to such information).
8.5. In the event of termination of the Agreement, the Parties shall not disclose or use in their own interests and/or the interests of third parties the information specified in paragraph 8.1 of the Agreement for 1 (one) year from the date of termination of the Agreement.
9. Force Majeure
9.1. The Parties shall not be liable for failure to perform or improper performance of obligations hereunder, if such failure was caused by force majeure (fire, flood, earthquake, etc.), deliberate actions of third parties, changes in applicable legislation, as well as decisions of state bodies, provided that these circumstances were beyond the reasonable control of the Parties and made it impossible for either Party to perform its obligations under the Agreement.
9.2. The deadline for fulfilling obligations under the Agreement shall be extended proportionally to the time during which the force majeure circumstances were in effect.
9.3. Either Party, for which the violation of the obligation was caused by the force majeure circumstances, shall notify the other Party in writing of the occurrence and termination of force majeure circumstances within 10 (ten) calendar days from the date of occurrence/termination of the force majeure circumstances.
9.4. The documents issued by the competent authorities of the Republic of Uzbekistan serve as evidence of the existence and duration of force majeure circumstances.
9.5. Failure to notify or untimely notification deprives the Party of the right to refer to any of the above circumstances.
9.6. If the failure to fulfill or improper fulfillment of obligations under the Agreement in accordance with paragraph 9.1 hereof lasts for more than 2 (two) calendar months, then each Party shall be able to terminate the Agreement unilaterally, notifying the other Party thereof no later than 10 (ten) calendar days prior to the expected date of termination of the Agreement.
9.7. The Parties acknowledge that the insolvency of the Parties is not a circumstance of indeterminate force majeure.
9.8. When connecting the service for generating a fiscal receipt certificate of the Company for transfer to the State Tax Committee (STC), the Organization shall not and cannot bear responsibility for any failures and/or disruptions in the operation of the STC systems and services, which make it impossible to transfer the Company’s fiscal receipt.
9.2. The deadline for fulfilling obligations under the Agreement shall be extended proportionally to the time during which the force majeure circumstances were in effect.
9.3. Either Party, for which the violation of the obligation was caused by the force majeure circumstances, shall notify the other Party in writing of the occurrence and termination of force majeure circumstances within 10 (ten) calendar days from the date of occurrence/termination of the force majeure circumstances.
9.4. The documents issued by the competent authorities of the Republic of Uzbekistan serve as evidence of the existence and duration of force majeure circumstances.
9.5. Failure to notify or untimely notification deprives the Party of the right to refer to any of the above circumstances.
9.6. If the failure to fulfill or improper fulfillment of obligations under the Agreement in accordance with paragraph 9.1 hereof lasts for more than 2 (two) calendar months, then each Party shall be able to terminate the Agreement unilaterally, notifying the other Party thereof no later than 10 (ten) calendar days prior to the expected date of termination of the Agreement.
9.7. The Parties acknowledge that the insolvency of the Parties is not a circumstance of indeterminate force majeure.
9.8. When connecting the service for generating a fiscal receipt certificate of the Company for transfer to the State Tax Committee (STC), the Organization shall not and cannot bear responsibility for any failures and/or disruptions in the operation of the STC systems and services, which make it impossible to transfer the Company’s fiscal receipt.
10. Orders and Notifications
10.1. Messages sent by e-mail specified in the Agreement shall be recognized as having legal force equivalent to documents on paper if they are sent, delivered and received by responsible persons of the Parties from the e-mail addresses specified in Section 15 of the Agreement (Details of the Parties).
11. Agreement Termination Consequences
11.1. The obligations to accept Payments by the Organization in favor of the Company shall cease upon termination or suspension of the Agreement.
11.2. If the basis for termination of the Agreement is a material breach thereof by one of the Parties, the other Party may demand compensation for actual causal damage, subject to the availability of supporting documents.
11.3. The monetary obligations of the Parties, as well as the obligations determining the liability of the Parties for violation of the Agreement, shall remain in force until their full fulfillment.
11.2. If the basis for termination of the Agreement is a material breach thereof by one of the Parties, the other Party may demand compensation for actual causal damage, subject to the availability of supporting documents.
11.3. The monetary obligations of the Parties, as well as the obligations determining the liability of the Parties for violation of the Agreement, shall remain in force until their full fulfillment.
12. Duration and Procedure for Termination and Modification of Agreement.
12.1. The Agreement shall enter into force on the date of its signing by both Parties and shall remain valid indefinitely.
12.2. The Agreement may be terminated at any time by either Party, subject to prior notice to the other Party 30 (thirty) calendar days prior to the expected date of termination and subject mutual settlements made by the Parties. The Parties shall reconcile settlements and pay off monetary obligations identified as a result of the reconciliation within no more than 30 (thirty) calendar days from the date of receipt of the Agreement Termination Notice, after which the Agreement shall be deemed terminated.
12.3. At the Company’s request, the Agreement may be suspended for a period not exceeding 10 (ten) calendar days. The basis for suspension of the Agreement shall be the written consent of the Organization to the Company’s request, containing the terms of suspension and the procedure for resuming the Agreement.
12.4. The Agreement may be terminated unilaterally at the initiative of the Organization without observing the deadlines specified in paragraph 12.2 hereof in the event of a refusal by payment services and the acquiring bank to service the Payments and Payouts of the Company, regardless of the reason for such refusal, as well as in the event of a violation by the Company of the subparagraphs specified in paragraph 4.3 hereof.
12.5. The Agreement may be terminated unilaterally at the initiative of the Organization without observing the deadlines specified in paragraph 12.2 hereof, if, during the review of the transactions performed by the Company, suspicions arise that business relations under this Agreement are used by the Company for the purpose of legalization (laundering) of proceeds from crime and the financing of terrorism.
12.6. The Agreement may be terminated unilaterally at the initiative of the Company without observing the deadlines specified in paragraph 12.2 hereof, in the event of a violation by the Organization of the obligations specified in paragraph 4.1 of the Agreement, as well as in case of disagreement of the Company with amendments stipulated by clause 4.2.1 hereof.
12.7. In case of unilateral termination of the Agreement, the initiating Party shall send the
Agreement Termination Notice made in writing by mail with a delivery confirmation or by courier. The Agreement shall be deemed terminated from the day such notice is received by the other Party.
12.8. In case of unilateral termination of the Agreement, the Organization shall disconnect the Company from the System on the day the Party received the Agreement Termination Notice.
12.2. The Agreement may be terminated at any time by either Party, subject to prior notice to the other Party 30 (thirty) calendar days prior to the expected date of termination and subject mutual settlements made by the Parties. The Parties shall reconcile settlements and pay off monetary obligations identified as a result of the reconciliation within no more than 30 (thirty) calendar days from the date of receipt of the Agreement Termination Notice, after which the Agreement shall be deemed terminated.
12.3. At the Company’s request, the Agreement may be suspended for a period not exceeding 10 (ten) calendar days. The basis for suspension of the Agreement shall be the written consent of the Organization to the Company’s request, containing the terms of suspension and the procedure for resuming the Agreement.
12.4. The Agreement may be terminated unilaterally at the initiative of the Organization without observing the deadlines specified in paragraph 12.2 hereof in the event of a refusal by payment services and the acquiring bank to service the Payments and Payouts of the Company, regardless of the reason for such refusal, as well as in the event of a violation by the Company of the subparagraphs specified in paragraph 4.3 hereof.
12.5. The Agreement may be terminated unilaterally at the initiative of the Organization without observing the deadlines specified in paragraph 12.2 hereof, if, during the review of the transactions performed by the Company, suspicions arise that business relations under this Agreement are used by the Company for the purpose of legalization (laundering) of proceeds from crime and the financing of terrorism.
12.6. The Agreement may be terminated unilaterally at the initiative of the Company without observing the deadlines specified in paragraph 12.2 hereof, in the event of a violation by the Organization of the obligations specified in paragraph 4.1 of the Agreement, as well as in case of disagreement of the Company with amendments stipulated by clause 4.2.1 hereof.
12.7. In case of unilateral termination of the Agreement, the initiating Party shall send the
Agreement Termination Notice made in writing by mail with a delivery confirmation or by courier. The Agreement shall be deemed terminated from the day such notice is received by the other Party.
12.8. In case of unilateral termination of the Agreement, the Organization shall disconnect the Company from the System on the day the Party received the Agreement Termination Notice.
13. Dispute resolution procedure
13.1. The Parties agree that all disputes arising under this Agreement will be resolved extrajudicially through negotiations.
13.2. The claim procedure is mandatory. Claim letters are sent by the Parties by courier or by registered mail with notification of delivery of the latter to the addressee at the location of the Parties specified in Section 15 of the Agreement (Details of the Parties).
13.3. The Parties shall not be permitted to send claim letters in a manner other than that specified in paragraph 13.2 of the Agreement.
13.4. The period for the claim letter consideration is 15 (fifteen) calendar days from the date of receipt by the addressee.
13.5. In case of failure to resolve the disputes that have arisen through negotiations, such disputes shall be resolved in the manner prescribed by the legislation of the Republic of Uzbekistan.
13.2. The claim procedure is mandatory. Claim letters are sent by the Parties by courier or by registered mail with notification of delivery of the latter to the addressee at the location of the Parties specified in Section 15 of the Agreement (Details of the Parties).
13.3. The Parties shall not be permitted to send claim letters in a manner other than that specified in paragraph 13.2 of the Agreement.
13.4. The period for the claim letter consideration is 15 (fifteen) calendar days from the date of receipt by the addressee.
13.5. In case of failure to resolve the disputes that have arisen through negotiations, such disputes shall be resolved in the manner prescribed by the legislation of the Republic of Uzbekistan.
14. Miscellaneous
14.1. The present Agreement shall be governed by the legislation of the Republic of Uzbekistan.
14.2. All changes and amendments hereto shall be made in writing with drawing up Supplementary Agreement and signed by authorized representatives of the Parties.
14.3. The Parties do not have any accompanying oral agreements. The content of the Agreement fully corresponds to the actual expression of will of the Parties.
14.4. All correspondence on the subject of the Agreement preceding its conclusion shall lose legal force from the date of conclusion of the Agreement and shall not be used for the purposes of interpreting the terms of this Agreement.
14.5. The Parties acknowledge that if any provision of the Agreement becomes invalid during its term due to a change in legislation, the remaining provisions of the Agreement shall be binding on the Parties during the term of the Agreement.
14.6. The Company hereby gives its consent to the collection and processing of personal data for the purpose of the Organization providing services to the Company, as well as to the transfer and cross-border transfer of personal data of the Company in accordance with the regulatory legislation. The Company shall confirm the consent of personal data subjects to the collection and processing of personal data, as well as to the transfer and cross-border transfer of personal data, including holders of bank (payment) cards whose personal data are contained in the documents and information received by the Organization from the Company, to the processing and transfer of such personal data in accordance with the regulatory legislation specified herein.
14.7. The Agreement is drawn up in English, in 2 (two) identical copies, having equal legal force, 1 (one) for each Party.
14.8. The following Appendices are attached to the Agreement and represent an integral part thereof:
• Appendix 1: Questionnaire for connection (KYC);
• Appendix 2: Payment methods and remuneration rates;
• Appendix 3: Payment registers.
14.2. All changes and amendments hereto shall be made in writing with drawing up Supplementary Agreement and signed by authorized representatives of the Parties.
14.3. The Parties do not have any accompanying oral agreements. The content of the Agreement fully corresponds to the actual expression of will of the Parties.
14.4. All correspondence on the subject of the Agreement preceding its conclusion shall lose legal force from the date of conclusion of the Agreement and shall not be used for the purposes of interpreting the terms of this Agreement.
14.5. The Parties acknowledge that if any provision of the Agreement becomes invalid during its term due to a change in legislation, the remaining provisions of the Agreement shall be binding on the Parties during the term of the Agreement.
14.6. The Company hereby gives its consent to the collection and processing of personal data for the purpose of the Organization providing services to the Company, as well as to the transfer and cross-border transfer of personal data of the Company in accordance with the regulatory legislation. The Company shall confirm the consent of personal data subjects to the collection and processing of personal data, as well as to the transfer and cross-border transfer of personal data, including holders of bank (payment) cards whose personal data are contained in the documents and information received by the Organization from the Company, to the processing and transfer of such personal data in accordance with the regulatory legislation specified herein.
14.7. The Agreement is drawn up in English, in 2 (two) identical copies, having equal legal force, 1 (one) for each Party.
14.8. The following Appendices are attached to the Agreement and represent an integral part thereof:
• Appendix 1: Questionnaire for connection (KYC);
• Appendix 2: Payment methods and remuneration rates;
• Appendix 3: Payment registers.
15. Location and details of the Parties
Appendix No. 1 to the Agreement for the Provision of Services in the "Freedom Pay" System
No. __________ dated «__» __________ 202_
Information on the Merchant’s Management
Information on shareholders / participants who hold or own more than 10% of the voting shares / participation interests in the authorized capital
Information on the Beneficial Owner of the Merchant — Legal Entity
Information on Affiliated Companies
Merchant’s Bank Details
* Public Official.
I hereby confirm the accuracy of the information set forth in the Application Form for Accession (KYC), and also confirm that I have read and accept the terms of the Agreement for Accession to the Freedom Pay system posted on the internet resource freedompay.uz.
Additional information on individual commission fee rates is specified in the Merchant’s Personal Account in the “Settings”, “Payment Systems” section.
I hereby confirm the accuracy of the information set forth in the Application Form for Accession (KYC), and also confirm that I have read and accept the terms of the Agreement for Accession to the Freedom Pay system posted on the internet resource freedompay.uz.
Additional information on individual commission fee rates is specified in the Merchant’s Personal Account in the “Settings”, “Payment Systems” section.
Appendix No. 2 to the Agreement for the Provision of Services in the “Freedom Pay” System
No. __________ dated “___” __________ 202_
Payment Acceptance Methods and Commission Rates
Payment cancellation – 0%
Service connection and maintenance – free of charge
Service connection and maintenance – free of charge
* Additional payment acceptance methods are specified on the internet resource freedompay.uz
** If the day of transfer of accepted Payments to the Enterprise coincides with a public holiday and/or weekend, the transfer shall be made no later than the business day following such public holiday/weekend. By agreement of the Parties, the terms of this clause may be periodically adjusted.
*** Upon reaching a certain turnover in respect of Payment acceptance, as agreed by the Parties, a different commission rate may be applied based on a written request from the Enterprise.
** If the day of transfer of accepted Payments to the Enterprise coincides with a public holiday and/or weekend, the transfer shall be made no later than the business day following such public holiday/weekend. By agreement of the Parties, the terms of this clause may be periodically adjusted.
*** Upon reaching a certain turnover in respect of Payment acceptance, as agreed by the Parties, a different commission rate may be applied based on a written request from the Enterprise.
Appendix No. 2 has been agreed upon by the Parties:
Appendix No. 3 to the Agreement for the Provision of Services in the «Freedom Pay» System
No. __________ dated «___» __________ 202_
Register of Accepted Payments
Description of the Register of Accepted Payments During the Operational Day
Register Structure:
- The System automatically, regardless of the number of accepted Payments, generates Registers for the reporting period. The Register can be downloaded by the Enterprise from the Personal Account in Microsoft Excel format.
- Payment Registers include information on successfully completed, cancelled, and adjusted transactions.
Register Structure:
For the security of the Enterprise, it is recommended to check the email headers to verify the authenticity of the received Register.
Examples of Registers:
Payment Acceptance Register
Payment Acceptance Register
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Final Terms
At our sole discretion, we may change this Notice from time to time.
If you have any questions, we can be contacted using the contacts on our website.
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Consent to the Collection and Processing of Personal Data
1. General Provisions
JSC "FREEDOM PAYMENTS" (hereinafter referred to as the "Operator"), as part of its core business activities, collects, processes, and stores personal data of various categories of data subjects, including through the Operator's websites that link to this "Policy Regarding the Processing and Ensuring the Security of the Operator's Personal Data" (hereinafter referred to as the "Policy"). In accordance with the current legislation of the Republic of Uzbekistan, the Operator also acts as a personal data operator. When organizing and implementing the processing of personal data, the Operator is guided by the Law of the Republic of Uzbekistan No. ZRU-547 dated July 2, 2019, "On Personal Data" and other regulatory legal acts adopted in accordance with it. For the purposes of this Policy, personal data means any information provided via internet websites to the Operator and/or collected using such internet websites, relating to a directly or indirectly identified or identifiable individual (the data subject).
2. Collection of Personal Data
The Operator collects information through internet websites in the following ways:
The Operator may use third-party internet services (third-party technologies) to organize the collection of statistical personal data; these third-party services ensure the storage of the obtained data on their own servers. The Operator is not responsible for the localization of third-party internet service servers. At the same time, such third-party internet services installed on the Site may set and read cookies from the browsers of the Site’s end-users to collect information during advertising activities on the Site. The procedure for collecting and using data by such third-party services is determined independently by those services, and they bear direct responsibility for compliance with this procedure and the use of the data they collect, including compliance with the legislation of the Republic of Uzbekistan.
The Operator does not cross-reference information provided independently by the user that allows for the identification of the data subject with statistical personal data obtained through such passive collection methods.
3. Principles and Conditions for Processing Personal Data
The processing of personal data by the Operator is carried out in strict accordance with the requirements of the legislation of the Republic of Uzbekistan and is limited to achieving specific, predetermined, and legally justified goals, including compliance with the Rules for the implementation of activities of the payment organization JSC "FREEDOM PAYMENTS." Only personal data that meets the purposes of its processing is subject to processing. The content and scope of the personal data processed by the Operator correspond to the stated processing purposes; the processing of excessive personal data is not permitted. The Operator ensures the accuracy, sufficiency, and, where necessary, relevance of personal data in relation to the purposes of processing. The Operator takes necessary measures to delete or clarify incomplete or inaccurate data. The Operator may provide and/or delegate the processing of personal data to another person with the consent of the data subject, unless otherwise provided by the legislation of the Republic of Uzbekistan. A mandatory condition for such delegation is the obligation of the parties to maintain confidentiality and ensure the security of the personal data. The terms for processing personal data are determined in accordance with the purposes for which they were collected.
4. Rights of the Data Subject
The data subject has the right to:
5. Implementation of Personal Data Protection Requirements
To maintain its business reputation and ensure compliance with the laws of the Republic of Uzbekistan, the Operator considers it a priority to ensure the legitimacy of personal data processing and provide an appropriate level of security. The Operator requires other persons who have gained access to personal data not to disclose it to third parties or distribute it without the consent of the data subject, unless otherwise provided by law. The Operator takes necessary legal, organizational, and technical measures to protect personal data from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, or other illegal actions. The Operator ensures that all organizational and technical protection measures are carried out on legal grounds. To ensure adequate protection, the Operator conducts harm assessments and identifies current threats to the security of personal data in information systems. In accordance with identified threats, the Operator applies security measures including the use of information protection tools, detection of unauthorized access, restoration of data, access restriction, and monitoring the effectiveness of security measures. The Operator's management encourages the continuous improvement of the personal data protection system. Responsible persons have been appointed for the organization of processing and security. Every new employee directly involved in processing data is familiarized with the requirements of the legislation of the Republic of Uzbekistan and this Policy.
6. Consent of the Data Subject
JSC "FREEDOM PAYMENTS" (hereinafter referred to as the "Operator"), as part of its core business activities, collects, processes, and stores personal data of various categories of data subjects, including through the Operator's websites that link to this "Policy Regarding the Processing and Ensuring the Security of the Operator's Personal Data" (hereinafter referred to as the "Policy"). In accordance with the current legislation of the Republic of Uzbekistan, the Operator also acts as a personal data operator. When organizing and implementing the processing of personal data, the Operator is guided by the Law of the Republic of Uzbekistan No. ZRU-547 dated July 2, 2019, "On Personal Data" and other regulatory legal acts adopted in accordance with it. For the purposes of this Policy, personal data means any information provided via internet websites to the Operator and/or collected using such internet websites, relating to a directly or indirectly identified or identifiable individual (the data subject).
2. Collection of Personal Data
The Operator collects information through internet websites in the following ways:
- Personal data provided by users: The Operator collects personal data entered into data fields on the Operator's websites by the users themselves or by other persons on their behalf.
- Collection of users' IP addresses and cookies.
- Passive collection of personal data regarding the current connection in terms of statistical information (at the Operator's discretion):
- User identifier assigned by the Site;
- Pages visited;
- Number of page visits;
- Information on movement through site pages;
- Duration of the user session;
- Entry points (third-party sites from which the user follows a link to the Site);
- Exit points (links on the Site through which the user navigates to third-party sites);
- User's country and region;
- Time zone set on the user's device;
- User's internet service provider;
- User's browser;
- Browser digital fingerprint (canvas fingerprint);
- Available browser fonts and installed browser plugins;
- Browser WebGL parameters;
- Type of available media devices in the browser;
- Presence of ActiveX;
- List of supported languages on the user's device;
- Processor architecture of the user's device;
- User's Operating System (OS);
- Screen parameters (resolution, color depth, page layout parameters on the screen);
- Information on the use of automation tools when accessing the Site.
The Operator may use third-party internet services (third-party technologies) to organize the collection of statistical personal data; these third-party services ensure the storage of the obtained data on their own servers. The Operator is not responsible for the localization of third-party internet service servers. At the same time, such third-party internet services installed on the Site may set and read cookies from the browsers of the Site’s end-users to collect information during advertising activities on the Site. The procedure for collecting and using data by such third-party services is determined independently by those services, and they bear direct responsibility for compliance with this procedure and the use of the data they collect, including compliance with the legislation of the Republic of Uzbekistan.
The Operator does not cross-reference information provided independently by the user that allows for the identification of the data subject with statistical personal data obtained through such passive collection methods.
3. Principles and Conditions for Processing Personal Data
The processing of personal data by the Operator is carried out in strict accordance with the requirements of the legislation of the Republic of Uzbekistan and is limited to achieving specific, predetermined, and legally justified goals, including compliance with the Rules for the implementation of activities of the payment organization JSC "FREEDOM PAYMENTS." Only personal data that meets the purposes of its processing is subject to processing. The content and scope of the personal data processed by the Operator correspond to the stated processing purposes; the processing of excessive personal data is not permitted. The Operator ensures the accuracy, sufficiency, and, where necessary, relevance of personal data in relation to the purposes of processing. The Operator takes necessary measures to delete or clarify incomplete or inaccurate data. The Operator may provide and/or delegate the processing of personal data to another person with the consent of the data subject, unless otherwise provided by the legislation of the Republic of Uzbekistan. A mandatory condition for such delegation is the obligation of the parties to maintain confidentiality and ensure the security of the personal data. The terms for processing personal data are determined in accordance with the purposes for which they were collected.
4. Rights of the Data Subject
The data subject has the right to:
- Request clarification, blocking, or destruction of their personal data if the data is incomplete, outdated, inaccurate, unlawfully obtained, or unnecessary for the stated purpose of processing;
- Request a list of their personal data processed and stored by the Operator and the source of its acquisition;
- Receive information regarding the terms of processing of their personal data, including storage periods;
- Demand notification of all persons to whom incorrect or incomplete personal data was previously disclosed regarding all exclusions, corrections, or additions made;
- Appeal against unlawful actions or omissions in the processing of their personal data to the authorized body for the protection of the rights of data subjects or through judicial proceedings;
- Protect their rights and legitimate interests, including claims for damages and/or compensation for moral harm through the courts. The Operator is not responsible for inaccurate information provided by the data subject.
5. Implementation of Personal Data Protection Requirements
To maintain its business reputation and ensure compliance with the laws of the Republic of Uzbekistan, the Operator considers it a priority to ensure the legitimacy of personal data processing and provide an appropriate level of security. The Operator requires other persons who have gained access to personal data not to disclose it to third parties or distribute it without the consent of the data subject, unless otherwise provided by law. The Operator takes necessary legal, organizational, and technical measures to protect personal data from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, or other illegal actions. The Operator ensures that all organizational and technical protection measures are carried out on legal grounds. To ensure adequate protection, the Operator conducts harm assessments and identifies current threats to the security of personal data in information systems. In accordance with identified threats, the Operator applies security measures including the use of information protection tools, detection of unauthorized access, restoration of data, access restriction, and monitoring the effectiveness of security measures. The Operator's management encourages the continuous improvement of the personal data protection system. Responsible persons have been appointed for the organization of processing and security. Every new employee directly involved in processing data is familiarized with the requirements of the legislation of the Republic of Uzbekistan and this Policy.
6. Consent of the Data Subject
The data subject hereby gives consent to the collection and processing of personal data for the purpose of the Operator providing services, as well as to the transfer and cross-border transfer of the data subject's personal data in accordance with applicable legislation.