Terms of Use

1.1. Subject of the offer

This Agreement is a public offer in accordance with the laws of the Republic of Kazakhstan. Using the services of the BMC KDT Platform (the “Platform”) in any way means the User fully and unconditionally accepts the terms of this Agreement.

1.2. Acceptance of the offer

The offer is accepted when the User registers on the Platform, pays for a plan, or actually starts using any of the Platform’s available services.

1.3. Registration

To get full access to the functionality, the User must register and provide accurate information about themselves. The User is responsible for the security of their login and password and for all actions performed under their account.

2.1. Platform tools and services

The Platform grants the User the right to use a software package (SaaS) that includes:

• An online store and website builder (BMC CMS);
• A customer relationship management system (KDT CRM);
• Inventory, analytics and electronic document flow modules;
• Access to the Agartu social business network.

2.2. Terms of use

Access to the services is provided under a paid or free (trial) subscription, depending on the Plan chosen by the User and published on the Platform’s official website.

3.1. User obligations

• Comply with this Agreement and the laws of the Republic of Kazakhstan.
• Pay for the chosen plans on time.
• Not use the Platform to distribute illegal information, spam or for fraudulent activity.
• Not take actions aimed at disrupting the normal operation of the Platform (DDoS attacks, hacking, etc.).

3.2. User rights

The User has round-the-clock access to the services (except during maintenance periods) and the right to technical support within the paid Plan.

3.3. Platform Owner obligations

• Ensure uninterrupted operation of the services (target uptime 99.9%).
• Ensure the safety and confidentiality of User data.
• Notify the User of scheduled maintenance in advance.

4.1. User liability

The User bears full personal responsibility for the content (products, texts, images) they publish in online stores and websites created on the Platform, and for respecting the copyright and related rights of third parties.

4.2. Platform Owner liability

The Platform is provided “as is”. The Owner is not liable for the User’s lost profits resulting from the use of or inability to use the Platform, or from failures of payment systems or communication providers.

5.1. Pre-trial procedure

All disputes and disagreements that may arise between the Parties will be resolved through negotiation. The pre-trial (claim) procedure is mandatory. The response time for a claim is 15 (fifteen) business days.

5.2. Court proceedings

If disputes cannot be settled through negotiation, they are resolved in court at the location of BenchMark Consulting LLP in accordance with the current laws of the Republic of Kazakhstan.

6.1. Purposes of processing

The Owner collects and processes the User’s personal data solely to perform this Agreement, provide technical support and improve the quality of the services.

6.2. Legal basis for processing

Personal data is processed in strict accordance with the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”.

6.3. User rights

The User may withdraw consent to the processing of personal data at any time by sending a request to the support service. In that case, the Owner may stop providing services under the Agreement.

7.1. Entry into force

This Agreement takes effect when the User accepts it and remains in force for the entire period of use of the Platform.

7.2. Duration and termination

The Agreement may be terminated at the initiative of either Party. The Owner may unilaterally terminate the Agreement out of court if the User grossly violates the terms of this document.

The Platform Owner makes every economically reasonable effort to keep the Platform’s services available at least 99.9% of the time each month. If this level is breached through the Owner’s fault, the User may request compensation in the form of additional subscription days under the separate SLA regulations published on the website.