Public offer for information and consulting services

1.1.This document is a public offer (art. 435 and art. 437(2) of the Civil Code of the Russian Federation) made by sole trader Andrey Nikolaevich Tomashevsky, OGRNIP 307770000254807, INN 772915840980 (the “Contractor”), addressed to any natural person with legal capacity (the “Client”).

1.2.Payment for the services on the Site constitutes acceptance of this offer (art. 438(3) of the Civil Code). From the moment of acceptance the contract is concluded on the terms of this offer.

1.3.The Contractor may amend this offer by publishing a new revision on the Site. Amendments take effect 5 (five) business days after publication and do not apply to orders already paid for.

1.4.Correspondence by email and through the order and tracking pages named in section 13 is recognised by the Parties as a proper means of exchanging legally significant messages (art. 165.1 of the Civil Code).

• Site — getcard.kg, together with the order page and the application-tracking page at app.getcard.kg.
• Issuing bank — a credit institution of the Kyrgyz Republic that issues bank cards. The issuing bank is not a party to this contract, and the Contractor is not its representative, agent or affiliate.
• Card — a payment card issued by the issuing bank in the Client’s name.
• Application — the set of data and documents the Client submits for the services: scans of the pages of the internal passport (the photo spread and the registration page) and of the international passport, the completed form of the issuing bank, contact details and a delivery address. The Client’s citizenship is not restricted; passports of any state are accepted.
• Plan — a package of services and its price, published on the Site under “Plans”.
• Order number — a code in the form GC-XXXXX-XXXXX issued to the Client after ordering. No account or password is created: the order number is the only access to the status of the Application, and keeping it safe is the Client’s responsibility.

3.1.The Contractor provides the Client with information, consulting and organisational services relating to preparation for the opening of an account and the issue of a Card at the issuing bank, to the extent of the chosen Plan, including:

• advice on the issuing bank’s requirements and on the application procedure;
• checking that the Client’s documents are complete and correct, including an automated check that the uploaded scans are legible;
• help completing the issuing bank’s forms;
• arranging one in-person meeting between the Client and the Contractor’s representative in Moscow for the signing of the issuing bank’s documents;
• organisational support of the Application and, where the Plan provides for it, delivery of the Card.

3.2.The Contractor is not a credit institution and does not provide banking services. The Contractor does not open accounts, does not issue Cards, does not take deposits and does not carry out transactions on the Client’s accounts.

3.3.The decision to open an account and issue a Card is taken solely by the issuing bank. The Contractor does not guarantee a positive decision, the bank’s processing times, or that the Card will work in any particular country, shop or service.

3.4.The Contractor does not provide legal or tax advice under the law of the Russian Federation or of any other state. Any mention of such matters in the Site’s materials is for reference only.

3.5.The issuing bank’s fees and tariffs for the account and the Card are set by the issuing bank itself, may be changed by it unilaterally, and are not included in the price of the Contractor’s services. Extracts from the issuing bank’s tariffs published on the Site are for reference and are not an offer by the issuing bank.

4.1.The services are provided within 30 (thirty) business days of the Contractor receiving payment and a complete set of correct documents. The average issue time stated on the Site is indicative: the actual timing is determined by the issuing bank.

4.2.The period may be extended, but by no more than 90 calendar days in total, in the event of additional checks by the issuing bank, public holidays in Russia or the Kyrgyz Republic, delays by delivery services, or force majeure. The Contractor notifies the Client of such delays as soon as it learns of them.

4.3.The period is suspended while the Client is providing requested additional information, correcting documents, or agreeing a date for the in-person meeting.

4.4.The services are deemed provided once the Contractor has performed the actions covered by the Plan, including notifying the Client that the Card is ready or passing on the account details, or submitting the Application to the issuing bank — depending on the Plan.

4.5.If the Client raises no reasoned objection within 5 (five) business days of being notified that the services have been provided, the services are deemed accepted without remark. No separate acceptance certificate is required.

4.6.If delivery of the Card is impossible through the Client’s fault (wrong address, refusal to accept), the Contractor notifies the Client. Redelivery is paid for by the Client. The Contractor holds the Card for no more than 90 calendar days from the date of notification.

5.1.The Contractor undertakes to:

• provide the services to a proper standard and within the agreed time;
• use the Client’s data only to perform this contract;
• not store scans of the Client’s documents in the Site’s file storage: they are passed to the specialist and to the issuing bank and are dropped from server memory after being sent;
• give the Client instructions and information about the status of the Application on request and by its order number;
• carry out no transactions on the Client’s account or Card on the Client’s behalf;
• if the issuing bank has stopped issuing Cards after payment but before the Application was submitted — offer an equivalent alternative or refund the payment in full.

5.2.The Contractor is entitled to:

• determine the means of providing the services and engage third parties, remaining liable to the Client for their actions;
• request from the Client any information and documents needed to provide the services;
• suspend the services where inaccurate or contradictory data is found;
• refuse to perform the contract where the Client has knowingly provided false information or intends to use the Card for unlawful purposes, with a refund under section 9;
• change the Plans on not less than 5 business days’ notice on the Site; changes do not affect orders already paid for.

6.1.The Client undertakes to:

• read this offer and the Plan before paying;
• provide accurate, complete and current information and documents;
• attend one in-person meeting with the Contractor’s representative in Moscow at the agreed date and time and sign the issuing bank’s documents personally;
• follow the instructions of the Contractor and the issuing bank in good time;
• keep the order number: there is no other way to recover access to the status of the Application;
• report any change of contact details or delivery address;
• use only the official channels named in section 13 for contact;
• not use the Card for laundering the proceeds of crime, financing terrorism, passing the Card to third parties, concealing the beneficial owner, or any other unlawful purpose.

6.2.The Client is entitled to:

• receive information about the Contractor, the Plans and the status of the Application;
• require the services to be provided properly;
• withdraw from the contract at any time under section 9.

6.3.If for 30 calendar days the Client has not provided the requested documents, has not attended the in-person meeting and does not answer messages, the Contractor may terminate the contract, refunding the payment less costs actually incurred (section 9).

7.1.By accepting this offer the Client represents that they:

• have legal capacity and act in their own interest;
• have provided accurate information throughout;
• will pass only funds of lawful origin through the Card;
• are not a politically exposed person, or have told the Contractor that they are.

7.2.The Client is aware that, as a Russian tax resident, they may be obliged to:

• notify the tax authority of the opening of, change of details of, and closing of an account with a foreign bank, within the statutory period;
• file an annual report on the movement of funds through the foreign account;
• comply with the currency-control law of Russia and of the Kyrgyz Republic.

7.3.The Client performs these obligations themselves and is liable for failing to do so. Where necessary, the Client obtains legal or tax advice on their own account.

8.1.The price is set by the Plan in force on the date of payment and is published on the Site under “Plans”. Settlement is in rubles. Prices shown on the Site in US dollars, euros and UAE dirhams are separate prices rather than a conversion of the ruble price, and are given for convenience. [TBD] — the Contractor’s tax regime and VAT treatment.

8.2.Payment is 100% of the chosen Plan, in advance of the services beginning. It is taken by bank card on the secure page of the acquiring bank (JSC “TBank”); card details are never passed to the Contractor and never stored by it. The date of payment is the date the funds reach the Contractor’s account. A fiscal receipt is sent under Federal Law 54-FZ to the email address given when the application was made.

8.3.The price does not include, unless the Plan expressly says otherwise: the issuing bank’s fees for opening and running the account and the Card, the annual card fee, the cost of topping up the Card, transfer and conversion fees, delivery costs, and any other payments to third parties.

8.4.Where the Client orders a second Card in another currency on the same Application, the price is the promotional price shown on the Site on the date of payment.

9.1.The Client may withdraw from the contract at any time, paying the Contractor the costs actually incurred (art. 32 of the Russian Consumer Rights Protection Act, art. 782 of the Civil Code).

9.2.A full refund is made where:

• the Client withdrew before the services began (before the consultation, the document check or the submission of the Application);
• the services were not provided through the Contractor’s fault;
• the issuing bank stopped issuing Cards after payment but before the Application was submitted (final bullet of clause 5.1).

9.3.A partial refund is made where the services have begun but are not complete, including where the issuing bank refuses. Deducted from the refund are the cost of the stages actually performed, at the rates published with the Plan on the Site ([TBD] — the price of the “consultation and document check” and “application support” stages), and documented costs incurred in the Client’s interest.

9.4.Where the services have been provided in full in accordance with the Plan (clause 4.4), a refusal by the issuing bank to issue the Card, or a later block on the account or restriction of transactions, is not a ground for a refund.

9.5.To request a refund the Client sends an application to info@getcard.kg from the address given when ordering, stating their full name, the date and amount of the payment with the receipt attached, the order number, and the reason for withdrawing.

9.6.The Contractor considers the application within 10 calendar days and refunds the money by the same means it was paid, within 10 calendar days of the decision.

9.7.Fees of payment systems and banks withheld by third parties and never received by the Contractor are not refunded, unless the withdrawal is due to a breach by the Contractor.

10.1.The Contractor is not a party to the relationship between the Client and the issuing bank and is not liable for:

• decisions of the issuing bank (refusal to open an account, a block, closure, changes to tariffs and conditions);
• the acts of payment systems, delivery services, public authorities and regulators;
• the Client’s transactions with the Card and their consequences;
• an inability to provide the services caused by information that the Client supplied inaccurately, incompletely or late, or by the Client failing to attend the in-person meeting.

10.2.The Contractor’s aggregate liability is limited to the amount actually paid by the Client for the order concerned.

10.3.The limits in this section do not apply in cases of the Contractor’s intent or gross negligence, nor where limiting liability is not permitted by Russian law, including consumer protection law.

11.1.The Parties are released from liability for non-performance caused by force majeure, including: military action, sanctions and other restrictions on international settlement, decisions of public authorities and central banks, changes in legislation, failures of payment systems and banks, cyberattacks, and natural disasters.

11.2.The Party affected notifies the other within a reasonable time. Performance is suspended for as long as the circumstances last.

11.3.If the circumstances last more than 30 calendar days, either Party may terminate the contract; refunds are made under section 9.

12.1.By accepting this offer the Client consents to the processing of their personal data in accordance with Federal Law 152-FZ and the Personal Data Processing Policy ([TBD] — the address of the policy page), including its transfer to the issuing bank in the Kyrgyz Republic to the extent needed to arrange the Card.

12.2.Scans of documents are not kept in the Site’s file storage. They are passed to the specialist and to the issuing bank and dropped from server memory after being sent; at no point is an image of a document held on the Site’s disk.

12.3.The Contractor takes the legal, organisational and technical measures needed to protect personal data against unlawful access, alteration and disclosure.

12.4.Data is kept for the term of the contract and for the periods set by law, after which it is destroyed or anonymised. The Client may withdraw consent by sending a request to info@getcard.kg.

13.1.This contract is governed by the law of the Russian Federation.

13.2.The Parties settle disputes by negotiation. A claim is sent to info@getcard.kg setting out the demands with supporting documents. The time for a reply is 10 business days.

13.3.Failing agreement, the dispute goes to court under Russian law, subject to the consumer’s right to choose the forum (art. 17 of the Consumer Rights Protection Act).

13.4.The contract remains in force until the Parties have performed in full.