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Public contract (offer)

Public Agreement (Offer)
on Provision of Payment Acceptance Services

This public agreement shall contain the terms and conditions of the Agreement on Provision of Payment Acceptance Services for the use of parking space located on public roads of local importance in Nur-Sultan, in the ways established by this agreement.
Actions specified in this Public Agreement shall confirm the User's consent to conclude the Agreement on the terms, procedure and to the extent set forth in this Public Agreement.
The text of the Public Agreement set forth below shall be an official public offer to conclude the Agreement in accordance with Chapter 23 of the Civil Code of the Republic of Kazakhstan addressed to the public.
Text of this agreement was drafted taking into account the requirements of the Law of the Republic of Kazakhstan No.296 “On the Status of the Capital of the Republic of Kazakhstan” as of July 21, 2007, the Law of the Republic of Kazakhstan No. 194-V ZRK “On Road Traffic” as of April 17, 2014, Astana Akimat Resolution No. 108-1875 “On Approval of the Rules for the Use of Communal Paid Parking in Astana” as of October 21, 2015 , Astana Akimat Resolution No. 108-2602 “On Determination of the Tariff in Places Equipped with Special Certified Devices for Collection of Parking Fees and Recording of Parking Time in the Capital” as of December 22, 2016, Astana Akimat Resolution No. 108-1325 “On Determination of Places Equipped with Special Certified Devices for Collection of Parking Fees and Recording of Parking Time in the Capital” as of June 22, 2017 ,
In accordance with the regulations of Nur-Sultan Akimat, this agreement shall not be a storage agreement, and the Parking Space shall not be intended for the storage of vehicles. The owners of vehicles shall bear the risks of theft and damage caused to vehicles by third parties in the parking space themselves.

1. Basic Concepts and Definitions

Parking space - a complex of parkings (parking spaces) with the general regime and payment conditions located within the territorial boundaries, which are in the municipal property of the local executive body of Nur-Sultan, used on a paid basis, equipped and arranged in accordance with the requirements of the Traffic Rules of the Republic of Kazakhstan;
Paid Parking (Parking) - a specially designated and, if necessary, equipped and furnished place, which is also a part of the highway and/or adjoining the carriageway and/or sidewalk, roadside, overpass or bridge, or which is a part of the substage or bridge spaces, squares and other objects of the street and road network and is intended for organized parking of vehicles on a paid basis for their temporary placement in the Parking Space;
Parking space - specially designated and, if necessary, arranged and equipped space within the Parking space, designed to place one vehicle;
Parking fee - a mandatory fee established by regulations of Nur-Sultan Akimat, for the period for which the Parking Operator grants the User the right to use one parking space at paid parking lots located in the territory of Nur-Sultan.
Authorized body - a public institution authorized by the legal act of Nur-Sultan Akimat to carry out activities on the implementation of measures aimed at developing the concept of development of parking, including their location, number of parking spaces, and also other activities related to the organization and use of parking space located on public roads of local importance in Nur-Sultan.
Operator - a legal entity (individual entrepreneur), recognized as the winner by the competition results, conducted in accordance with the legal acts of Nur-Sultan Akimat, carrying out activities on creation (arrangement), further operation and management of paid city parking lots in the territory of Nur-Sultan, including services on accepting payments from the users of the parking space and transferring the said fee to the budget of Nur-Sultan in accordance with the terms and conditions of the Public-Private Partnership Agreement;
Parking space User (User) - a legal entity of any legal form, as well as a natural person who is the owner (proprietor) of the vehicle placed in the parking space, corresponding to one of the following features:
- placing his/her vehicle in the Paid Parking Space,
- possessing the right to park the vehicle free of charge in the paid parking lot, as provided by the legislation,
- being either a Resident or a Simple Subscription holder;
User Account (Account) - an account in the Operator's database created by the User, which is intended for transferring Parking Fee by the User without opening an account. Each Virtual Parking Account is automatically assigned a unique number that coincides with the Virtual Parking Account number when it is created. The Virtual Parking Account contains information about the balance of funds, history of money transfers to pay the parking fee, as well as the other information;
Residence Subscription - an option that gives individuals living in the area of location of a certain parking zone the right to park in the appropriate parking zone at a reduced price for 6 (six) calendar months (conditions of provision are defined in clause 4.4. of this Offer);
Subscription - an option granting individuals and/or legal entities the right to park in one parking zone or in all parking zones of Nur-Sultan at a reduced price for a certain period of time (conditions of provision are defined in clause 4.5 of this Offer).
For the purposes of this public agreement, notions in the same meaning as in the current legislation of the Republic of Kazakhstan are also used.

2. Subject of Agreement

2.1. The Operator shall accept the Parking fee from the User, and the User in turn shall pay the Parking fee.
2.2. This Agreement shall be a deed of accession and its terms and conditions can be accepted by the User only by joining the Agreement as a whole by performing the actions specified in clause 2.3. of the Agreement.
2.3. The User shall give his/her consent to conclude the Agreement with the Operator by performing any of the following actions:
•    placement of the vehicle in a Paid Public Parking Lot;
•    payment of the fee, transfer of the parking fee for placing the vehicle in the paid municipal parking;
•    registration on astanapark.kz or “Parkovki Astana” mobile application;
•    registration of the Residence Subscription and/or the Subscription,
in accordance with the terms of this agreement and the requirements of the resolution of Astana Akimat No. 108-1875 "On Approval of the Rules for the Use of Public Paid Parking Plots (Parking) in Astana" as of October 21, 2015.
2.4. Acceptance of the Offer by User shall mean full and unconditional acceptance of all conditions of the Offer by User, without any exceptions or limitations.
2.5. The User, who accepted the terms and conditions of the Offer, undertakes to place the vehicle at the paid municipal parking in accordance with the requirements of the Road Rules of the Republic of Kazakhstan and the terms and conditions of this Offer, as well as to pay to the Parking Operator the cost of placing the vehicle at the paid municipal parking in the order and on the terms, stipulated by this Offer.
2.6. This Offer shall not be, not contain and cannot contain elements of the storage agreement or any other agreement, in accordance with the terms and conditions of which the Parking Operator may not be held liable for the safety of vehicles or other property (including vehicles left in the parking lot).
2.7. Parking, entry and exit rules from paid municipal parking of vehicles shall be regulated by the Traffic Regulations of the Republic of Kazakhstan and other regulatory documents.
2.8. Operation and management of paid parking shall be performed by the Operator. Operation and management of paid parking also shall include submission of the right to place vehicles in paid parking lots. The Operator shall be the recipient of parking fee, subject to the terms and conditions of the public-private partnership agreement, carried out in accordance with the legal acts of Nur-Sultan Akimat, for creation (arrangement), operation and management activities.

3. Rights and Obligations of the Parties

3.1. Rights and obligations of the Operator:
3.1.1. In accordance with regulatory legal acts of Nur-Sultan Akimat, the Operator shall be obliged to accept the parking fee from the User, which gives the User the right to place the car in a paid city parking.
3.1.2 The operator shall place complete and reliable information about the procedure of collecting the Parking Fee. The information is provided in Kazakh and Russian and is brought to the User's notice in the areas of paid city parking (within the Parking space), as well as in the information and telecommunication network of the Internet at the Operator's website (https://astanapark.kz).
3.1.3. Parking, entry and exit rules for vehicles shall be regulated by the Traffic Regulations of the Republic of Kazakhstan and other regulatory documents.
3.1.4. The refusal of the Operator to conclude this Agreement with the User shall not be allowed.
3.1.5. The Operator shall have no right to give preference to one User over other Users concerning the conclusion of the Agreement, except for the cases stipulated by the laws and other normative legal acts of the Republic of Kazakhstan.
3.1.6. The Operator shall not charge the Users a commission fee for payment of the Parking fee.
3.1.6.1. The Operator shall not guarantee that payment agents (mobile operators, payment services, banks) do not have any commission when paying the Parking Fee.
3.1.7. With a view of the control over execution of requirements of the legislation of the Republic of Kazakhstan and settlement of arising disputes, the Operator shall register the facts of use of a parking, including collection, storage and use of data on state registration numbers of vehicles left on a parking, time and place of use of a parking, and also transfer of the given information to the authorized state bodies in case of revealing of offences, including, but not exclusively, traffic rules and normative legal acts of Nur-Sultan Akimat.
3.1.8. The operator shall ensure operation of the paid city parking management system and shall accept parking fees.
3.1.9. Processing of personal data by the System Operator shall be carried out in accordance with the Law of the Republic of Kazakhstan N 94-V “On Personal Data and their Protection” dated 21 May 2013.
3.1.10. The Operator shall not perform security of vehicles located in the parking area, shall not be responsible for the safety of the vehicle, equipment installed in it and left things. 
3.1.11. The Operator shall accept the Parking Fee and shall not be responsible for the actual availability or lack thereof.
3.1.12. The Operator, in accordance with clause 2.1. of this Agreement, shall be responsible before the User only for the services of accepting the Parking fee.
3.1.13. The Operator shall not be responsible for the actions of third parties involved in the calculations of the Parking Fee.
3.1.14. The Operator shall not be responsible for the actions of third parties involved in the calculation of parking payment.
3.1.15. The Operator shall not be responsible for any direct or indirect consequences of any use or impossibility to use the paid parking system and/or losses, caused to the User and/or third parties as a result of any use, non-use or impossibility to use the paid parking system or its separate components and/or functions, except for the cases of errors or failures in the operation of separate elements of the system, which are within the area of responsibility of the Operator.
3.1.16. The Operator shall not be responsible for the correctness of data entry and other actions of the User, as well as for the correctness of transactions between the participants of the calculation (banks, mobile operators, payment agents, etc.), for provision of the Parking Fee collection service by the Operator it is necessary to have mobile communication and Internet access. If there is no mobile phone connection or other technical problems, other payment methods should be used.
3.1.17. The operating organization is not responsible for possible evacuation of the vehicle by state authorities in case of parking in a wrong place.
3.2. Rights and obligations of the User:
3.2.1. The parking space user shall have the right to get acquainted with the information about the rules of using the parking space, about the amount of the parking fee for the right to use the parking on a paid basis, the procedure and methods of paying the parking fee on the Operator's website and/or by addressing to the Operator's Call Center at 88000802888.
3.2.1.1. The parking space user shall have the right at his own discretion to choose the method of payment for the Parking Fee, including by replenishing the virtual parking account:
In cash:
- through payment terminals (payment and depositing are possible);
- through a parking machine.
By non-cash transactions:
- through a parking device;
- by sending a short text message (SMS) to a special number using a mobile phone (only payment shall be possible);
- using the mobile application (payment and recharge shall be possible);
- using the User's account (payment and upload shall be possible);
- by other means provided for in this Agreement.
3.2.2 In accordance with the regulatory legal acts of Nur-Sultan Akimat, the User shall be obliged:
- to comply with the requirements of the Road Traffic Rules of the Republic of Kazakhstan;
- to comply with the requirements of Nur-Sultan City Akimat regulations when using paid parking lots;
- when using paid parking, pay a parking fee in the established amount taking into account the actual time of the vehicle's stay in the parking lot;
- to retain the parking fee payment document;
- to compensate the System Operator for the damage caused to the Operator's property.
3.2.3 In accordance with the regulations of the Akimat of Nur-Sultan, the User shall be prohibited from:
1) evasion of parking fees;
2) stopping or parking of vehicles in places designated for stopping or parking of disabled people's vehicles without confirming permits or with presentation of the permit, which expired or if the owner is not the owner of the vehicle;
3) stopping or parking of vehicles in places designated for stopping or parking of taxi services without confirming permits or with presentation of the permit, which expired;
4) stopping or parking of vehicles on the sidewalk, kerb;
5) leaving the vehicle with unreadable, non-standard or established state registration marks with violation of requirements of the state standard, without state registration marks, and also without state registration marks established at the places of the vehicle provided for this purpose, and also with state registration marks equipped with materials that prevent or hinder their identification;
6) parking of vehicles with dimensions (weight and/or height and/or length) that exceed the size of public paid parking lots (parking);
7) non-compliance with the requirements prescribed by road signs or markings;
8) parking of the vehicle outside the parking spaces for a period longer than 5 (five) minutes;
9) stopping or parking and movement in the territory of paid municipal car parks (parking lots), causing an obstacle to the movement of vehicles;
10) parking without presentation of a document proving the user's right to preferential parking or with presentation of a document proving the user's right to preferential parking, the validity of which has expired or the owner of which is a person who is not the owner of the vehicle;
11) parking behind road markings/road signs indicating that repairs are being carried out;
12) using the territory of the communal paid parking lot (parking) for through traffic;
13) overtaking;
14) stopping or parking in cases when the work of public paid car parks (parking lots) is temporarily stopped by the decision of the authorized body;
15) using of tobacco, alcohol and drug products;
16) pollution of the territory, including the release of waste and other similar actions that disturb public order and peace of mind of individuals;
17) spoilage of paid parking equipment, parking (parking);
18) damage to road markings and road signs.
3.2.4. Violation by the User of the parking space of the duty to pay the parking fee for the use of the parking space in the established amount taking into account the actual time of the vehicle's stay in the parking lot shall be subject to an administrative fine stipulated by the Code of the Republic of Kazakhstan on Administrative Offences.

4. Cost and Procedure for Parking Fee Payment

4.1 Cost and procedure for parking fee payment shall be set by the Astana Akimat Resolution No. 108-2602 “On Determination of the Tariff in Places Equipped with Special Certified Devices for Collection of Parking Fees and Recording of Parking Time in the Capital” as of December 22, 2016.
4.2 In accordance with the Astana Akimat Resolution No. 108-1875 “On Approval of the Rules for the Use of Communal Paid Parking (Parking) in the Territory of Astana” dated October 21, 2015, the following shall be exempted from the fee for the right to use paid parking (parking space):
1) vehicles of emergency operational services (ambulances, the Ministry of Internal Affairs, the Military Police of the Armed Forces of the Republic of Kazakhstan, the National Security Committee of the Republic of Kazakhstan) with appropriate identification marks, colouring and inscriptions;
2) vehicles registered for persons awarded the “Altyn Kyran” and “Khalyk Kakharmany” orders;
3) vehicles (including special vehicles of persons with disabilities) registered to persons with disabilities from childhood and persons with disabilities of groups I and II directly driving or inside these vehicles, as well as vehicles registered to legal representatives of a child with a disability in places for placing vehicles of persons with disabilities marked with appropriate road signs or markings;
4) vehicles registered for participants in the Great Patriotic War, servicemen who served in military units, headquarters and institutions which were part of the active army, as well as veterans of combat operations who directly manage or are in these vehicles;
5) vehicles registered on mothers with many children, awarded with the “Altyn Alka” and “Kumis Alka” pendants, or previously received the title of "Mother Heroine", as well as awarded the Order of "Honor of Motherhood" I, II and III degrees, directly managing or located in these vehicles;
6) vehicles registered to the persons affected by the nuclear tests at the Semipalatinsk Nuclear Test Site;
7) vehicles registered for citizens dismissed from military service or called up for military training, performing an international duty in Afghanistan and other countries where combat operations were conducted, directly operating or located in these vehicles.
4.3. The User shall pay the parking fee in accordance with the Astana Akimat Resolution No. 108-1875 “On Approval of the Rules for the Use of Communal Paid Parking (Parking) in the Territory of Astana” dated October 21, 2015.
4.4. Natural persons who are the owners of the vehicle, registered and residing in the nearby houses directly adjacent to the equipped paid parking space have the right to conclude a Residence Agreement by issuing a Residence Subscription, submitted by the Parking Operator. Terms and conditions of the resident agreement for issuance of the Residence Subscription, list of documents, price and instruction can be found on astanapark.kz website in the “Residents” section.
4.5. The User shall be entitled to purchase a Subscription valid for 30 (thirty) calendar days for a certain Parking Zone or for all Parking Zones of Nur-Sultan at the price and conditions specified on astanapark.kz website.
4.6. Special groups of population shall be obliged to apply for the privilege in accordance with the conditions indicated on the Operator's website in the “Privileges” section.

5. Agreement's Duration and Other Terms and Conditions

5.1 The Agreement shall be deemed concluded and shall come into force from the moment the User performs the actions provided for in Section 2 of this Agreement on the terms and conditions of accession and shall remain in force until the parties fulfill all obligations.
5.2. The User shall be notified about the changes in the terms and conditions of the Agreement by publishing the relevant information in the Internet information and telecommunication network at the website of the System Operator at (https://astanapark.kz). The System Operator shall be entitled to accept such changes unilaterally, including in case of making changes to regulatory legal acts of Nur-Sultan Akimat, specified in clause 4.1. of the Agreement