Offer for the "Installment Plan and Autopay" Service
Tashkent
This Offer (hereinafter, the "Offer") is a proposal addressed to any individual to conclude an agreement for the provision of the "Installment Plan and Automatic Payments" Service on the terms and conditions set forth below.
The Offer contains all the essential terms of the Agreement, is a proposal expressing the Recipient's will to conclude the Agreement on the terms specified herein with anyone who responds, and is recognized as a public offer in accordance with paragraph 2 of Article 369 of the Civil Code of the Republic of Uzbekistan.
The Agreement shall be deemed concluded and shall enter into force from the moment an individual performs the actions stipulated in the Offer, signifying the individual's unconditional acceptance of all terms of the Offer without any exceptions or limitations on the basis of a contract of adhesion.
1. TERMS AND DEFINITIONS
1.1 ATMOS System is a software and hardware complex developed and owned by NATIONAL INNOVATIVE PAYMENT TECHNOLOGIES JSC, designed to facilitate interaction between ATMOS System Participants in the provision of remote banking services to Payers and Recipients, as provided for by the ATMOS System's functionality, including the provision of the Service under this Agreement.
1.2 ATMOS System Participants are: (a) ATMOS Company, (b) Bank, (c) Recipient, (d) Payer, (e) Service Partner.
1.3 The ATMOS Company — NATIONAL INNOVATIVE PAYMENT TECHNOLOGIES JSC, the rights holder of the ATMOS System.
1.4 The Bank — Banks of the Republic of Uzbekistan
1.5 Recipient — a person providing goods and services to its clients and/or Payers on an installment basis, intended for personal, family, household, or other use not related to business activities.
1.6 Payer — an individual, the holder of a Bank Card (s), who has entered into this Agreement to make Transfers within the framework of the Service.
1.7 Service Partner — banks, microfinance organizations, credit bureaus, payment organizations, payment agents and sub-agents, processing, clearing, and insurance organizations, and other organizations and/or legal entities or individual entrepreneurs that hold all necessary and/or applicable licenses and/or permits to carry out the relevant activities, as well as have contractual relationships with the relevant ATMOS System Participant, which carry out organizational, legal, informational, technical, and/or other interactions with other ATMOS System Participants for the proper, complete, and effective operation of the Service, including, but not limited to, performing Payer Scoring, exchanging Credit Information related to the Payer, providing payment services to facilitate Transfers, and performing other legal and factual actions for the proper, complete, and effective operation of the Service.
1.8 The "Autopay" service (hereinafter referred to as the "Service") is a service that forms an integral part of the ATMOS System and is provided by the Recipient to the Payer through the ATMOS System under this Agreement, which allows for:
- performing the Payer's Scoring.
- making payments for goods in installments based on Transfers with the Payer's consent on a monthly basis, with preset parameters, including the terms and amount of funds, without requiring any action from the Payer until the goods are fully paid for.
- debiting funds from the account (s) of any of the Payer's Bank Cards on a non-acceptance basis in the event of Overdue Debt, based on the Payer's corresponding consent obtained upon acceptance of this Offer Agreement.
1.9 Issuing Bank — a bank that has issued a Bank Card.
1.10 Bank Card — a payment card that allows the Payer to conduct multiple transactions on a bank (card) account, including cashless payments.
1.11 Transfer — a non-cash transaction to transfer funds from the Payer's card account via a Bank Card, carried out by the Bank for the benefit of the Recipient using the ATMOS System. The amount debited from the Bank Card account (s) includes the amount of funds to be credited to the Recipient's bank account, including in the case of Overdue Debt, and may also include the Bank's commission fee.
1.12 Overdue Debt — the Payer's debt to the Recipient that has not been repaid on time under the obligations of the relevant installment sale agreements or other relevant agreements concluded between the Payer and the Recipient.
1.13 Scoring is a system for assessing a Payer's solvency based on numerical, statistical, and other methods. It involves assigning points based on the processing of User data, including Credit Information, which the Recipient then uses to decide whether to conclude a contract for the supply of goods with that User on an installment payment basis.
1.14 Credit Information is information pertaining to the Payer regarding the status of credit transactions they have entered into, the fulfillment of obligations under provided security (such as pledges, guarantees, suretyships, loan default risk insurance, and other types of security), as well as other information that helps determine the Payer's creditworthiness, financial standing, solvency, payment discipline, and other qualities.
1.15 Personal Identification Number of an Individual (PINFL) is the personal number of an individual resident of the Republic of Uzbekistan, which consists of 14 digits and is not subject to change for the duration of their life.
2. THE SUBJECT OF THE AGREEMENT
2.1 The Recipient shall enable the Payer to connect to the Service for making monthly installment payments.
3. GENERAL PROVISIONS
3.1 The Payer accepts the terms of this Agreement after reviewing it by performing one of the following actions:
- connecting to the Service by following the link received in an SMS message and clicking the "I ACCEPT" button;
- in any other manner that clearly indicates the Payer's intention to enter into the Agreement.
An SMS message with a link to the offer is sent to the Payer's subscriber number to which the SMS notification service for the Payer's Bank Card is connected.
3.2 By accepting the terms of this Agreement, the Payer is provided with the goods and the Service is activated, subject to the fulfillment of the following conditions:
- The Transfer is made from the account of the Bank Card connected to the Service to cover the monthly payment for the arranged installment plan for the goods between the Recipient and the Payer. This is done with preset parameters, including the schedule and amount of funds, without requiring any action from the Payer until the goods are paid for in full. However, if there are insufficient funds in the account of the Payer's Bank Card connected to the Service, the Transfer will not be executed. The Service generates a Transfer request after receiving information that a sufficient amount for the Transfer is available on the Bank Card.
- Repayment/partial repayment of monthly payments (accounting for installment payments) is carried out via the Recipient's software. Payment data is reconciled by transmitting informational messages from the Recipient's software to the Service to determine the Transfer amount when the date specified in this clause occurs.
- In the event of Overdue Debt, the Transfer will be carried out on a non-acceptance basis in the amount of such Overdue Debt from the account of any of the Payer's other Bank Cards.
3.3 The Payer may initiate the Transfer independently using the ATMOS System, including by following the link provided in an SMS message sent by the ATMOS System.
3.4 The Service is activated and remains valid for the period specified in the special web interface where the Payer accepts the terms of this offer.
3.5 When activating the Service, the Payer shall provide the details of the Bank Card from which payments will be debited.
3.6 The Payer consents to the verification of the Bank Card details, provided upon activation of the Service, by the Recipient, the Bank, and the ATMOS Company.
3.7 The Payer hereby gives their consent:
- to the verification of the Bank Card details, provided upon activation of the Service, by the Recipient, the Bank, and the ATMOS Company;
- to the processing and transfer of their personal data, including biometric data if necessary, including via the Payer's personal identification number, as well as data on income and expenses, and other Credit Information, to other Participants of the ATMOS System, including JSCB "Aloqabank," for purposes including Scoring and the exchange of Credit Information in accordance with the Law of the Republic of Uzbekistan "On the Exchange of Credit Information";
- to the direct debit of their funds from any and/or all of the Payer's Bank Card accounts, including via the Payer's personal identification number, in favor of the Recipient in the event of an Overdue Debt.
3.8 The Recipient does not store or process Payer Bank Card data, but only submits requests to the Service to determine the Transfer amount within the Service.
3.9 The Recipient does not guarantee the possibility of making Transfers, leaving the resolution of such matters to the Bank and ATMOS Company.
3.10 The Service can only be activated if the Recipient, ATMOS Company, and the Bank have the technical capability to do so, and provided that the SMS notification service for the Bank Card is enabled.
4. PAID SERVICE FUNCTIONALITY
4.1 For providing the Payer with services to use the paid functionality of the Service, as specified in clause 3.7 of the Agreement, the Payer shall pay ATMOS a fee, the amount of which is displayed in the relevant interfaces of the Service.
4.2 Payment for the paid functionality of the Service can be made by the Payer via direct debit from the Card, on the terms and in the amounts displayed to the Payer in the relevant interfaces of the Service. In this case, the activation of the paid functionality by the Payer in the relevant Service Interface shall serve as confirmation for the direct debit from the Card.
4.3 If the Payer disagrees with the fee amount, the Payer has the right to refuse the services specified in clause 3.7 of the Agreement before clicking the "Pay" or "Transfer" button, activating a direct debit, or otherwise confirming consent to use the paid functionality of the Service.
5. RIGHTS AND OBLIGATIONS
5.1. The Payer is obligated to:
5.1.1. comply with the terms and conditions of this Agreement;
5.1.2. pay for the goods under the terms agreed upon in this Agreement;
5.1.3. independently ensure the information security of the device used to connect to the Service;
5.1.4. ensure and guarantee that they personally connect to the Service;
5.1.5. provide only accurate data when connecting to and using the Service;
5.1.6. use only their own Bank Card. In the event of the replacement or loss of the Bank Card, the Payer must immediately notify the Recipient in order to update the Bank Card details;
5.2. The Payer has the right to:
5.2.1. pay the Recipient the full cost of the goods in advance, including by means of Transfers.
5.3. The Recipient is obligated to:
5.3.1. comply with the terms and conditions of this Agreement;
5.3.2. not disclose the Payer's confidential information to third parties when using the Service;
5.3.3. deliver the goods to the Payer from the date this Agreement is signed.
5.4. The Recipient has the right to:
5.4.1. terminate this Agreement at any time by unilateral extrajudicial action with 3 (three) business days' prior notice to the Payer;
5.4.2. refuse or suspend the provision of the Service in the event of a refusal from the Bank to process transactions on the Bank Card, or in the case of a justified claim from the Bank Card holder regarding the illegal use of or unauthorized access to the Bank Card.
6. SERVICE CANCELLATION PROCEDURE
6.1 The Payer may cancel the Service by contacting the Recipient.
6.2 The Service may be automatically terminated:
6.2.1 upon the expiration of the acceptance term. The acceptance term may be extended upon the Payer's request.
6.2.2 in the event of early full repayment of the installment plan amount, as recorded in the Recipient's software.
7. LIABILITY
7.1 Matters of liability of the ATMOS Company and the Bank are governed by separate agreements concluded between them.
7.2 The Parties shall not be liable for any failure to perform or improper performance of their obligations caused by circumstances of force majeure. The Parties must notify each other of the occurrence of such circumstances within 3 (three) calendar days of their occurrence.
7.3 The ATMOS Company shall not be liable for the actions of the Recipient or the Payer.
7.4 The Payer grants the Recipient the right to make a Transfer from the Payer's bank card at any time in accordance with the Terms of Transfer. The Recipient shall not be liable if, after the Service has debited funds from the Payer's card, there are insufficient funds remaining on the card for other debits not related to Transfers for the benefit of the Recipient. The Payer must monitor this independently.
DETAILS AND CONTACT INFORMATION:
Legal Name: JSC «NATIONAL INNOVATIVE PAYMENT TECHNOLOGIES»
Legal Address: 39b Istiqbol Street, To'ytepa, Yashnobod District, Tashkent, 100047, Republic of Uzbekistan
Postal Address: 39b Istiqbol Street, To'ytepa, Yashnobod District, Tashkent, 100047, Republic of Uzbekistan
TIN: 305097381
OKED: 58290
MFO: 01071
VAT Payer Registration Code: 326080094260
Current Account: 20208000200808682001 PJSCB "Orient Finans"
+998 71 231 19 00