Joint Stock Company “APEX BANK” (hereinafter referred to as the “Bank”), represented by Acting Chairman of the Management Board Numanova O.L., acting on the basis of the Charter, on the one part, and in accordance with Article 370 of the Civil Code of the Republic of Uzbekistan, a legal entity or an individual entrepreneur without formation of a legal entity (hereinafter referred to as the “Client”) who has accepted this Public Offer without any conditions, exclusions or reservations and has joined the General Agreement on Comprehensive Banking Services for Legal Entities and Individual Entrepreneurs at JSC “APEX BANK”, on the other part, collectively referred to as the “Parties”, guided by Articles 353–358, 367–370 and other provisions of the Civil Code of the Republic of Uzbekistan and the Law of the Republic of Uzbekistan “On Banking Secrecy”, conclude this Public Offer on providing information constituting banking secrecy to LLC “Didox Tech” in online mode. I. TERMS AND DEFINITIONS
ABS – Automated Banking System of JSC “APEX BANK”;
DiBank – a service developed by LLC “Didox Tech” that allows outgoing payment documents created in “1C:Accounting” or “Didox” to be sent directly to the Bank’s server, and incoming payments and debits from accounts to be automatically uploaded into the accounting systems “1C:Accounting” or “Didox”.
1C:Accounting – a software solution intended for maintaining accounting and tax records at an enterprise;
Didox – a platform for interaction between organizations used for electronic document management and reporting;
Information constituting banking secrecy (hereinafter referred to as “BS Information”) – information on the Client’s operations, accounts and deposits, as well as other information in accordance with the Law of the Republic of Uzbekistan “On Banking Secrecy”;
EDS – the Client’s signature obtained at the Bank as a result of special transformations of information of an electronic document using a private EDS key, allowing, by means of a public EDS key, to determine the absence of distortion of information in the electronic document and to identify the owner of the private EDS key. All actions performed by the Client using EDS through electronic communication channels are non-disputable and are recognized as performed personally by the Client and entail legal consequences equivalent to handwritten signatures.
Terms not defined in this Public Offer shall be applied in the meanings established by the current legislation of the Republic of Uzbekistan.
II. SUBJECT OF THE PUBLIC OFFER
2.1. The Client hereby agrees to the provision by the Bank to LLC “Didox Tech” of BS Information, including the Client’s personal data, in online mode via electronic communication channels for the purpose of carrying out banking operations directly from the accounting systems used by the Client — 1C:Accounting and DiBank.
2.2. The provision by the Bank of the possibility for the Client to perform banking operations directly from 1C:Accounting and DiBank is not subject to tariffs and does not imply any monetary payment.
2.3. In accordance with personal data legislation, the Client grants the Bank unlimited consent to process and use any personal data of the Client for the Bank’s activities, fulfillment of this agreement, and other purposes not contrary to the legislation of the Republic of Uzbekistan. The Client also consents to the transfer of personal data to third parties for the purposes of performing this agreement.
2.4. The Client agrees to receive reminders, advertising materials related to the Bank’s services through all communication means, including mail, SMS, voice messages, emails, etc.
III. PROCEDURE FOR CONCLUDING THE PUBLIC OFFER (Acceptance)
3.1. Publication of this Public Offer on the Bank’s website www.apexbank.uz
constitutes a public offer addressed to all Clients.
3.2. Acceptance of this Public Offer is carried out by signing it with EDS in accordance with Article 370 of the Civil Code of the Republic of Uzbekistan.
3.3. Acceptance means:
– authorization for the Bank to provide BS Information to LLC “Didox Tech” until refusal in accordance with clause 3.5;
– absence of Bank liability for disclosure of BS Information and personal data to LLC “Didox Tech” until refusal under clause 3.5.
LLC “Didox Tech” undertakes to ensure confidentiality and protection of received information.
3.4. The Parties recognize the accepted Public Offer as equivalent to a written contract.
3.5. The Client may withdraw acceptance by submitting a written application to the Bank.
3.6. The Bank has the right to refuse acceptance or amend this Public Offer unilaterally.
IV. LIABILITY AND DISPUTE RESOLUTION
4.1. Liability applies in accordance with the law.
4.2. No Party shall be liable for force majeure circumstances.
4.3. Disputes shall be resolved in the Tashkent Interdistrict Economic Court.
V. TERM
5.1. The term is unlimited.
5.2. The Bank may suspend or terminate the Offer by publication.
VI. MISCELLANEOUS
6.1. Invalid provisions shall be replaced.
6.2. Matters not regulated shall be governed by Uzbek law.
6.3. Anti-corruption compliance is mandatory.
6.4. The Offer is published in Russian and Uzbek.
VII. BANK DETAILS
Joint Stock Company “APEX BANK”
Tashkent city, Mirabad district, Sadik Azimov street, 77. MFO: 01196 TIN: 310329897
Tel.: +998 55 512 00 00, short number 1881
Official website: www.apexbank.uz