PUBLIC OFFER AGREEMENT
1. Definitions
1.1 “The IAC” refers to the International Arbitration Centre (hereinafter – “the IAC”), a legal entity incorporated under the Acting Law of the Astana International Financial Centre, with its registered address at 55/16 Mangilik El Avenue, Block C 3.1, Astana, Republic of Kazakhstan.
1.2 “Services” refers to training programmes provided by the IAC, including but not limited to courses, workshops, seminars, and other educational activities in arbitration, mediation, negotiation, and other forms of alternative dispute resolution.
1.3 “Client” refers to any individual or legal entity that has acknowledged to the IAC their acceptance of the terms of this Public Offer Agreement and makes a Booking of the Services.
1.4 “Participant” refers to any individual attending the Services, including the Client and/or any person designated by the Client.
1.5 “Website” refers to the official website(s) or digital platforms operated by the IAC, through which information about the Services, registrations, Booking, and payments are made available.
1.6 “Booking” refers to a confirmed reservation of the Services made via the Website or other official communication channels of the IAC, subject to receipt of full payment.
1.7 “Business days” – Monday to Friday, from 09:00-18:00 (Astana time), excluding the Public Holidays of the Republic of Kazakhstan.
1.7 “Public Offer Agreement” refers to this document, which constitutes a legally binding agreement upon acceptance.
1.8 In these Public Offer Agreement, the singular shall include the plural.
2. Services
2.1 The IAC provides professional training programmes in areas including but not limited to arbitration, mediation, negotiation, and other forms of alternative dispute resolution.
2.2 The scope, format, duration, schedule, and other relevant details of each Service are published on the Website and may be updated from time to time.
2.3 The IAC reserves the right to amend the content, schedule, format, or assigned trainer to any Service, provided that such amendments do not materially alter the nature or purpose of the Services.
3. Booking of Services
3.1 The Client may submit a request for Services via the Website or other official communication channels of the IAC.
3.2 A Booking shall be deemed confirmed only upon receipt by the IAC of full payment of the applicable fees.
3.3 The Client is responsible for ensuring that all information submitted in connection with the Booking is complete, accurate, and up to date.
3.4 The Client shall remain liable for all obligations arising from the Booking until full payment has been received and confirmed by the IAC.
4. Fees and Payments
4.1. Fees for the Services are indicated on the Website and are applicable at the time of Booking by the Client.
4.2. The Client shall pay the full amount of the applicable fee in advance using the payment methods available on the Website.
4.3. A Booking shall be deemed confirmed only upon successful receipt of the full payment by the IAC or its payment service provider, as confirmed by the relevant payment processing system.
4.4. All payments are processed through third-party payment service providers. The IAC shall not be responsible for any additional charges imposed by banks or payment providers.
4.5. In the event of incomplete payment, the IAC reserves the right to suspend or cancel the provision of Services until full payment is received.
4.6. All fees are exclusive of applicable taxes unless expressly stated otherwise on the Website. Any applicable taxes shall be borne by the Client in accordance with applicable law.
5. Cancellation Policy
5.1. The Client may cancel a Booking by submitting a written notice to the IAC via the official communication channels indicated on the Website. The date of cancellation shall be the date on which the IAC receives such notice.
5.2. Cancellation and refund terms depend on the specific Service. Where specific cancellation terms are provided for a particular Service, such terms shall prevail over this section.
5.3. Unless otherwise specified for a particular Service:
5.4. Where a refund is applicable, it shall be processed to the original payment method used at the time of Booking, unless otherwise agreed with the Client. Refunds shall be processed within 14 (fourteen) working days from the date on which the IAC confirms the Client’s entitlement to a refund, subject to processing times of payment providers and banks.
5.5. The IAC may designate certain Services as non-refundable. The Client acknowledges and agrees that payment for such Services constitutes unconditional acceptance of their non-refundable nature, except where otherwise required by applicable law.
6. Participation
6.1 The Client and Participants shall comply with all instructions provided by the IAC.
6.2 The IAC reserves the right to deny participation or remove any Participant in case of misconduct, disruption, or breach of applicable rules, without any obligation to provide a refund.
6.3 The Client shall not reproduce, distribute, or commercially use any materials related to the Services without prior written consent of the IAC.
7. Intellectual Property
7.1 All intellectual property rights in the Services and materials belong to the IAC or its licensors.
7.2 No rights or licenses are granted to the Client except for personal, non-commercial use of the materials provided during the Services.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, the IAC shall not be liable for any indirect, incidental, or consequential damages, including loss of profit, business, or data.
8.2 The total liability of the IAC shall not exceed the amount paid by the Client for the relevant Service.
8.3 The IAC does not guarantee any specific outcome or result from participation in the Services.
9. Confidentiality and Data Protection
9.1 The parties agree to keep confidential any information that is reasonably considered confidential.
9.2 Personal data shall be processed in accordance with applicable data protection laws.
9.3 Confidentiality obligations shall remain in force for five (5) years after termination of the Services.
10. Force-Majeure
10.1 Force Majeure event means any circumstance not within reasonable control of the IAC or the Client including without limitation:
a) acts of God, flood, drought, earthquake or other natural disaster;
b) epidemic or pandemic;
c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
d) nuclear, chemical or biological contamination or sonic boom;
e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction;
f) collapse of buildings, fire, explosion or accident; and
g) any labour or trade dispute, strikes, industrial action or lockouts.
10.2 Provided it has complied with this clause 10 (Force Majeure), if the IAC or the Client is prevented, hindered or delayed in or from performing any of its obligations under the agreement by a Force Majeure event (Affected Party), the Affected Party shall not be in breach of the agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
10.3 The Affected Party must:
a) as soon as reasonably practicable after the start of the Force Majeure event but no later than five (5) business days from its start, notify the IAC or the Client in writing of the Force Majeure event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure event on its ability to perform any of its obligations under the agreement; and
b) use all reasonable endeavours to mitigate the effect of the Force Majeure event on the performance of its obligations.
11. Governing Law and Dispute Resolution
11.1. This Public Offer Agreement shall be governed by the Acting Law of the Astana International Financial Centre.
11.2. Any dispute, whether contractual or non-contractual, arising out of or in relation to this Public Offer Agreement, including any question regarding its existence, validity or termination, may first be submitted to mediation at the AIFC International Arbitration Centre (“the IAC”) under its Arbitration and Mediation Rules 2022. If the dispute is not resolved by mediation, then the parties shall refer the dispute to arbitration at the IAC. In that case, then any dispute, controversy, difference or claim, whether contractual or non-contractual, arising out of or in relation to this Public Offer Agreement, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the International Arbitration Centre of the Astana International Financial Centre (“IAC”) in accordance with the IAC Arbitration and Mediation Rules in force on the date on which the Request for Arbitration is filed with the Registrar of the IAC, which Rules are deemed to be incorporated into this clause.
11.3. The seat of arbitration shall be Astana, Kazakhstan. The language of arbitration shall be English.
12. Acceptance of the Public Offer Agreement
12.1. This Public Offer Agreement is deemed accepted upon completion of Booking and/or payment via the Website.
12.2. By accepting this Public Offer Agreement, the Client confirms that they have read, understood, and fully agreed to its terms.
13. Amendments
13.1. The IAC reserves the right to amend this Public Offer Agreement at any time.
13.2. The version in force at the time of Booking shall apply to the respective Services.
14. Severability
14.1. If any provision of this Public Offer Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Contact Information
For any inquiries regarding this Public Offer Agreement:
Email: info@aifc-iac.kz
Address: Block C3.1, 55/16 Mangilik El ave., Astana city, the Republic of Kazakhstan
1.1 “The IAC” refers to the International Arbitration Centre (hereinafter – “the IAC”), a legal entity incorporated under the Acting Law of the Astana International Financial Centre, with its registered address at 55/16 Mangilik El Avenue, Block C 3.1, Astana, Republic of Kazakhstan.
1.2 “Services” refers to training programmes provided by the IAC, including but not limited to courses, workshops, seminars, and other educational activities in arbitration, mediation, negotiation, and other forms of alternative dispute resolution.
1.3 “Client” refers to any individual or legal entity that has acknowledged to the IAC their acceptance of the terms of this Public Offer Agreement and makes a Booking of the Services.
1.4 “Participant” refers to any individual attending the Services, including the Client and/or any person designated by the Client.
1.5 “Website” refers to the official website(s) or digital platforms operated by the IAC, through which information about the Services, registrations, Booking, and payments are made available.
1.6 “Booking” refers to a confirmed reservation of the Services made via the Website or other official communication channels of the IAC, subject to receipt of full payment.
1.7 “Business days” – Monday to Friday, from 09:00-18:00 (Astana time), excluding the Public Holidays of the Republic of Kazakhstan.
1.7 “Public Offer Agreement” refers to this document, which constitutes a legally binding agreement upon acceptance.
1.8 In these Public Offer Agreement, the singular shall include the plural.
2. Services
2.1 The IAC provides professional training programmes in areas including but not limited to arbitration, mediation, negotiation, and other forms of alternative dispute resolution.
2.2 The scope, format, duration, schedule, and other relevant details of each Service are published on the Website and may be updated from time to time.
2.3 The IAC reserves the right to amend the content, schedule, format, or assigned trainer to any Service, provided that such amendments do not materially alter the nature or purpose of the Services.
3. Booking of Services
3.1 The Client may submit a request for Services via the Website or other official communication channels of the IAC.
3.2 A Booking shall be deemed confirmed only upon receipt by the IAC of full payment of the applicable fees.
3.3 The Client is responsible for ensuring that all information submitted in connection with the Booking is complete, accurate, and up to date.
3.4 The Client shall remain liable for all obligations arising from the Booking until full payment has been received and confirmed by the IAC.
4. Fees and Payments
4.1. Fees for the Services are indicated on the Website and are applicable at the time of Booking by the Client.
4.2. The Client shall pay the full amount of the applicable fee in advance using the payment methods available on the Website.
4.3. A Booking shall be deemed confirmed only upon successful receipt of the full payment by the IAC or its payment service provider, as confirmed by the relevant payment processing system.
4.4. All payments are processed through third-party payment service providers. The IAC shall not be responsible for any additional charges imposed by banks or payment providers.
4.5. In the event of incomplete payment, the IAC reserves the right to suspend or cancel the provision of Services until full payment is received.
4.6. All fees are exclusive of applicable taxes unless expressly stated otherwise on the Website. Any applicable taxes shall be borne by the Client in accordance with applicable law.
5. Cancellation Policy
5.1. The Client may cancel a Booking by submitting a written notice to the IAC via the official communication channels indicated on the Website. The date of cancellation shall be the date on which the IAC receives such notice.
5.2. Cancellation and refund terms depend on the specific Service. Where specific cancellation terms are provided for a particular Service, such terms shall prevail over this section.
5.3. Unless otherwise specified for a particular Service:
- cancellations made 14 (fourteen) or more calendar days prior to the start of the Services shall be eligible for a 50% (fifty percent) refund of the amount paid;
- cancellations made between 7 (seven) and 13 (thirteen) calendar days prior to the start of the Services shall be eligible for a 30% (thirty percent) refund of the amount paid;
- cancellations made less than 7 (seven) calendar days prior to the start of the Services shall be non-refundable.
5.4. Where a refund is applicable, it shall be processed to the original payment method used at the time of Booking, unless otherwise agreed with the Client. Refunds shall be processed within 14 (fourteen) working days from the date on which the IAC confirms the Client’s entitlement to a refund, subject to processing times of payment providers and banks.
5.5. The IAC may designate certain Services as non-refundable. The Client acknowledges and agrees that payment for such Services constitutes unconditional acceptance of their non-refundable nature, except where otherwise required by applicable law.
6. Participation
6.1 The Client and Participants shall comply with all instructions provided by the IAC.
6.2 The IAC reserves the right to deny participation or remove any Participant in case of misconduct, disruption, or breach of applicable rules, without any obligation to provide a refund.
6.3 The Client shall not reproduce, distribute, or commercially use any materials related to the Services without prior written consent of the IAC.
7. Intellectual Property
7.1 All intellectual property rights in the Services and materials belong to the IAC or its licensors.
7.2 No rights or licenses are granted to the Client except for personal, non-commercial use of the materials provided during the Services.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, the IAC shall not be liable for any indirect, incidental, or consequential damages, including loss of profit, business, or data.
8.2 The total liability of the IAC shall not exceed the amount paid by the Client for the relevant Service.
8.3 The IAC does not guarantee any specific outcome or result from participation in the Services.
9. Confidentiality and Data Protection
9.1 The parties agree to keep confidential any information that is reasonably considered confidential.
9.2 Personal data shall be processed in accordance with applicable data protection laws.
9.3 Confidentiality obligations shall remain in force for five (5) years after termination of the Services.
10. Force-Majeure
10.1 Force Majeure event means any circumstance not within reasonable control of the IAC or the Client including without limitation:
a) acts of God, flood, drought, earthquake or other natural disaster;
b) epidemic or pandemic;
c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
d) nuclear, chemical or biological contamination or sonic boom;
e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction;
f) collapse of buildings, fire, explosion or accident; and
g) any labour or trade dispute, strikes, industrial action or lockouts.
10.2 Provided it has complied with this clause 10 (Force Majeure), if the IAC or the Client is prevented, hindered or delayed in or from performing any of its obligations under the agreement by a Force Majeure event (Affected Party), the Affected Party shall not be in breach of the agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
10.3 The Affected Party must:
a) as soon as reasonably practicable after the start of the Force Majeure event but no later than five (5) business days from its start, notify the IAC or the Client in writing of the Force Majeure event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure event on its ability to perform any of its obligations under the agreement; and
b) use all reasonable endeavours to mitigate the effect of the Force Majeure event on the performance of its obligations.
11. Governing Law and Dispute Resolution
11.1. This Public Offer Agreement shall be governed by the Acting Law of the Astana International Financial Centre.
11.2. Any dispute, whether contractual or non-contractual, arising out of or in relation to this Public Offer Agreement, including any question regarding its existence, validity or termination, may first be submitted to mediation at the AIFC International Arbitration Centre (“the IAC”) under its Arbitration and Mediation Rules 2022. If the dispute is not resolved by mediation, then the parties shall refer the dispute to arbitration at the IAC. In that case, then any dispute, controversy, difference or claim, whether contractual or non-contractual, arising out of or in relation to this Public Offer Agreement, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the International Arbitration Centre of the Astana International Financial Centre (“IAC”) in accordance with the IAC Arbitration and Mediation Rules in force on the date on which the Request for Arbitration is filed with the Registrar of the IAC, which Rules are deemed to be incorporated into this clause.
11.3. The seat of arbitration shall be Astana, Kazakhstan. The language of arbitration shall be English.
12. Acceptance of the Public Offer Agreement
12.1. This Public Offer Agreement is deemed accepted upon completion of Booking and/or payment via the Website.
12.2. By accepting this Public Offer Agreement, the Client confirms that they have read, understood, and fully agreed to its terms.
13. Amendments
13.1. The IAC reserves the right to amend this Public Offer Agreement at any time.
13.2. The version in force at the time of Booking shall apply to the respective Services.
14. Severability
14.1. If any provision of this Public Offer Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Contact Information
For any inquiries regarding this Public Offer Agreement:
Email: info@aifc-iac.kz
Address: Block C3.1, 55/16 Mangilik El ave., Astana city, the Republic of Kazakhstan
IAC EAW26
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Tel: +7 (7172) 64 73 73
Email: Communications@aifc-iac.kz
Email: Communications@aifc-iac.kz
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