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Public offer for the use of the Examaker platform

Version 1.0 · Effective date: [date]

Translation for convenience. In case of any discrepancy, the Uzbek text prevails.

1. General provisions

  1. This document is a public offer by [Provider name] (the "Provider") to grant the right to use the Examaker platform (Articles 367 and 369 of the Civil Code of the Republic of Uzbekistan).
  2. A legal entity or individual entrepreneur that accepts the offer as described in section 4 (the "Customer") is deemed to have concluded an agreement with the Provider. A paper contract is not required, but at the Customer's request a two-party contract based on this text is signed.
  3. The offer, the Pricing page and the Privacy policy form an integral part of the agreement.

2. Definitions

  • Platform — the Examaker web application owned by the Provider (learning center management, online exams, attendance, schedules, payments, reports, center website and other features).
  • Account (center) — the Customer's separate space on the Platform and its data.
  • User — a person added by the Customer: director, administrator, cashier, teacher, student.
  • Active student — a student who studied in at least one group (not paused) during the billing period.
  • Plan — the price based on the number of active students (on the Pricing page).
  • Billing period — one calendar month, or 12 months for yearly payment.

3. Subject of the agreement

  1. The Provider grants the Customer, for a fee, the right to use the Platform over the internet (SaaS), and the Customer pays for the chosen plan.
  2. The Platform is provided "as is" and is continuously updated. The Provider may improve or change features and add new ones; the Customer is notified at least 30 days before any core feature is removed.
  3. The exclusive rights to the software remain with the Provider. The Customer may not copy, sell, modify or transfer the software to third parties.

4. Acceptance of the offer

  1. Either of the following constitutes full and unconditional acceptance of the offer (Article 370 of the Civil Code): paying the Provider's first invoice, or continuing to use the Platform after the trial period.
  2. The trial (demo) period is agreed with the Provider and is free. Data entered during the trial is kept if the Customer accepts the offer.

5. Price and payment

  1. Prices are published on the Pricing page in Uzbek soums and depend on the number of active students. Every plan includes all Platform features.
  2. Payment is made in advance for each month, before the billing period starts, by bank transfer to the Provider's account. The Provider issues an invoice every month.
  3. With yearly prepayment the yearly (discounted) price shown on the Pricing page applies. The price does not change during the paid year.
  4. If the number of active students exceeds the plan limit, the matching plan applies from the next billing period. No extra charge is made for the current month.
  5. If payment is 10 calendar days late, the Provider may, after a warning, switch the account to read-only mode. Data is not deleted, and the account is fully restored after payment.
  6. The Provider may change prices with at least 30 days' notice. The price for an already paid period does not change.
  7. Promotions such as "Founding customer" apply on the terms and for the period stated on the Pricing page.

6. Provider's obligations

  1. Strive to keep the Platform available 24 hours a day and fix failures as quickly as possible.
  2. Help the Customer set up the Platform and train staff free of charge.
  3. Make an encrypted backup of the data every day.
  4. Keep the Customer's data confidential and use it only to provide the service (section 8).

7. Customer's obligations

  1. Pay on time.
  2. Keep users' logins and passwords secret, and delete or block the account of an employee who leaves.
  3. Collect the personal data entered into the Platform lawfully (with the consent of the student or their parents).
  4. Not use the Platform for unlawful purposes and not attempt to break it or access other centers' data.

8. Data and data protection

  1. Data entered by the Customer (students, staff, payments, results, etc.) belongs to the Customer. The Customer is the owner and operator of this data; the Provider processes it only on the Customer's instructions and to provide the service.
  2. The Provider protects personal data in accordance with the Law of the Republic of Uzbekistan "On Personal Data" (ZRU-547) as amended.
  3. Data is stored on a server in a data center in Germany (European Union). Germany is on the list of countries that provide adequate protection of personal data. The Platform does not collect biometric or genetic data.
  4. Data is not sold or transferred to third parties, except as required by law. The Provider's staff access data only for technical support.
  5. If a data security breach is detected, the Provider notifies the Customer without delay, within 24 hours, and helps with notifying the competent authority.
  6. The Customer may request a copy of its data at any time: the Provider supplies it within 10 working days in a common format (Excel, CSV or SQL). After termination, data is kept for 30 days and then deleted; it disappears from backups when those backups expire.

9. Service quality and maintenance

  1. Planned maintenance is done at night (Tashkent time) where possible and usually takes a few minutes.
  2. Failures of the internet provider, power supply or the Customer's devices are outside the Provider's responsibility.

10. Liability

  1. The parties are liable for non-performance in accordance with the legislation of the Republic of Uzbekistan.
  2. Unless the law provides otherwise, the Provider's liability is limited to the amount the Customer paid for the last month. The Provider is not liable for indirect damages or lost profits.
  3. The Customer is responsible for the accuracy of the data it enters and for the lawfulness of collecting it.

11. Force majeure

The parties are not liable if they cannot perform due to force majeure (natural disasters, war, decisions of authorities, major data center incidents and the like). The other party is notified as soon as possible.

12. Term, changes and termination

  1. The agreement takes effect on the date of acceptance and is concluded for an indefinite period.
  2. The Customer may terminate the agreement at any time by notifying the Provider in writing (including via Telegram or e-mail). With monthly payment, the amount paid for the current month is not refunded. With yearly payment, unused full months are recalculated at the monthly price and the balance is refunded.
  3. The Provider may amend the offer. A new version takes effect 30 days after it is published on this page. If the Customer disagrees, it may terminate the agreement within that period.

13. Disputes

Disputes are first settled by negotiation (15 working days to respond to a claim). If no agreement is reached, the dispute is heard by the court at the Provider's location in accordance with the legislation of the Republic of Uzbekistan.

14. Provider details

Provider
[Provider name]
TIN
[TIN]
Address
[legal address]
Bank
[bank]
Account
[account number]
Bank code (MFO)
[bank code (MFO)]
Phone
+998973432105
Telegram
@Ruzimov_Jasurbek
E-mail
[e-mail]
Website
examaker.uz