Terms of service
Terms for providing access to Paloma365 software — pricing, Contractor details and contractual conditions.
Last updated: January 1, 2024
1. General
1.1. This document is an official proposal (public offer) of LLP «Paloma365» (hereinafter — the «Contractor») and sets out all essential terms of the agreement to provide access to the Paloma365 software (hereinafter — the «Service»).
1.2. Pursuant to paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, where the terms below are accepted, an individual or legal entity that accepts this offer becomes the Customer (acceptance constitutes conclusion of an agreement under the terms of the offer).
1.3. Acceptance arises when the Customer registers in the Service or pays the Contractor.
1.4. The Contractor may amend this offer. Changes become effective upon publication on paloma365.com.
2. Definitions
2.1. Service — the Paloma365 cloud platform that delivers automation capabilities for catering, retail and service sectors.
2.2. Customer — an individual or legal entity that accepts this offer and uses the Service.
2.3. Account dashboard — the Customer’s personalised area of the Service, accessible after sign‑in.
2.4. Pricing plan — the bundled Service features provided to the Customer for a stated fee.
2.5. Billing period — the calendar month for which subscription fees apply.
3. Subject matter
3.1. The Contractor shall provide Customer access to the Service under the selected pricing plan and the Customer shall timely pay the Contractor.
3.2. The Contractor grants the Customer a non‑exclusive, non‑transferable licence to use the Service under the chosen pricing plan.
3.3. Feature lists for each pricing plan are published at paloma365.com under «Pricing».
4. Payments
4.1. Fees are determined by pricing plans posted on paloma365.com.
4.2. Charges are prepaid for the chosen term (month, quarter, semi‑annual or yearly).
4.3. Payment methods may include bank transfer, debit/credit card, Kaspi.kz, QIWI or bank‑branch terminals.
4.4. Payment date means the funds are credited to the Contractor’s designated account.
4.5. If invoices are overdue, the Contractor may suspend Customer access until the arrears are paid.
5. Mutual responsibilities
5.1. The Contractor commits to:
- Provide Customer access aligned with the selected pricing plan.
- Maintain Service uptime of no less than 99.5% each calendar month.
- Safeguard Customer data and confidentiality.
- Notify Customers in advance about scheduled maintenance.
- Provide weekday support within published hours.
5.2. The Customer agrees to:
- Pay Contractor invoices promptly.
- Do not disclose Service credentials to third parties.
- Do not misuse the Service in violation of law.
- Keep dashboard credentials confidential.
- Promptly notify the Contractor of any unauthorised dashboard access.
6. Liability
6.1. The Parties are liable for breach or inadequate performance pursuant to applicable law.
6.2. The Contractor is not liable for Customer losses arising from using or inability to use the Service if caused by force majeure events.
6.3. The Contractor is not responsible for the quality of shared Internet channels used to access the Service.
6.4. Aggregate liability of the Contractor to the Customer is limited to amounts paid by the Customer for the last invoiced billing period.
7. Dispute procedures
7.1. Disputes arising from performance of this agreement shall first be pursued through negotiation.
7.2. If disputes cannot be resolved through negotiations, they shall be referred to courts at the Contractor’s location pursuant to legislation of the Republic of Kazakhstan.
7.3. A complaints procedure applies before judicial action. The Contractor shall respond to a complaint within thirty (30) calendar days from receipt.
8. Final provisions
8.1. This agreement becomes effective upon Customer acceptance of the offer and remains in force until the Parties fully perform.
8.2. The Contractor may unilaterally amend these offer terms by publishing an updated version on paloma365.com at least ten (10) business days before the changes take effect.
8.3. Matters not covered by this offer are governed by applicable law of the Republic of Kazakhstan.
Contractor details
Legal name: LLP "Paloma365"
BIN: 160 940 016 674
IBAN: KZ 368 562 203 101 410 984
SWIFT/BIC: KCJBKZKX
Bank: Joint Stock Company Bank CenterCredit