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.

1.2 “IAC Chambers” refers to the premises of the IAC, with its registered address at 55/16 Mangilik El Avenue, Block C 3.1, Astana, Republic of Kazakhstan.

1.3 “Facilities” refers to the conference, meeting and hearing rooms at the IAC Chambers.

1.4 “Services” refers to the key services provided by the IAC (including, but not limited to):

providing multi-functional conference, meeting, hearing rooms, lecture theatre and business lounge, video conferencing, virtual, hybrid hearing room support services, fundholding, legal research services, printing, copying, scanning, shredding, secure document storage;

and

support services (including, but not limited to):

assistance in written and oral translation, transcription, notary services, assistance in accommodation, airport meeting services, transportation, photo and video services, event management services, catering and visa support services.

1.5 “Client” refers to any individual or legal entity that has acknowledged to the IAC their acceptance of these Terms and Conditions of Use and concluded the Agreement on the provision of the services by the IAC at the IAC Chambers.

1.6 “Client’s Invitees” refers to persons invited by the Client and/or who jointly use the IAC Chambers’ services, including but not limited to the Client’s employees, or persons engaged by the Client or whose attendance at the IAC Chambers facilities was requested by the Client.

1.7 “Booking” refers to any confirmed reservation by the Client for the certain booking period of any services by the IAC Chambers at the IAC.

1.8 “Business hours” – Monday to Friday, from 9.00 until 18.00 (Astana time), excluding the Public Holidays of the Republic of Kazakhstan.

1.9 “Terms & Conditions of Use” refers to the terms and conditions contained in this document.

1.10 In these Terms & Conditions of Use, the singular shall include the plural.

2. 2. The Facilities

2.1 The Client and Client’s Invitees shall keep the facilities in good condition, clean, tidy and keep all equipment and fixtures within the IAC Chambers’ facilities properly maintained and in good working order in accordance with good industry practice and any requirements of the IAC.

2.2 The Client and Client’s Invitees shall not make any internal, non-structural alteration to the facilities without the consent of the IAC.

2.3 The Client and Client’s Invitees shall not cause any nuisance or damage to the IAC Chambers’ facilities.

3. 3. Booking of Services

 3.1 The Client shall, when making a booking of the IAC Chambers services advise the IAC of the name and contact details of any Client’s Invitees, if applicable.

3.2 Upon a booking being made by the Client, whether for its use alone or for use by the Client and any of the Client’s Invitees, the Client shall be solely liable for any and all charges payable.

3.4 The Client remains liable for any and all outstanding charges associated with the booking of the IAC Chambers’ services until full payment is received by the IAC.

4. 4. IAC Chambers’ Services Charges & Deposits

 4.1 The charges for the provision of the IAC Chambers’ services shall be made within the payment terms set forth in the Agreement.

4.2 Where a request for booking of the IAC Chambers’ services is made any time two months or more before the starting date of intended use, a non-refundable deposit of 20% of the total charges is payable before any services will be reserved for the purpose of the booking. A further deposit of 30% of the total services charges is payable two months before the starting date of intended use in order to continue the reservation. The remaining 50% of the total charges is required one month before the starting date of intended use to continue the reservation. If at any point the required deposit amounts are not paid by the Client by the relevant due date, the IAC reserves the right to cancel the booking with all deposit monies already paid to the IAC forfeited. Notwithstanding such a cancellation, the Client remains liable to pay all relevant deposit charges incurred as a result of the booking.

4.3 Where a request for booking of the IAC Chambers’ services is made more than one month but less than two months before the starting date of intended use, a non-refundable deposit of 50% of the total charges is payable before any services will be reserved for the purpose of the booking. The remaining 50% of the charges is required one month before the starting date of intended use to continue the reservation. If at any point the required deposit amounts are not paid by the Client by the relevant due date, the IAC reserves the right to cancel the booking with all deposit monies already paid to the IAC forfeited. Notwithstanding such a cancellation, the Client remains liable to pay all relevant deposit charges incurred as a result of the booking.

4.4 Where a request for booking of the IAC Chambers’ services is made one month or less before the starting date of intended use, full payment of the total charges is payable before any services will be reserved for the purpose of the booking.

4.5 The IAC reserves the right to refuse the Client and the Client’s invitees, if any, entry or access to the booked facilities and services unless all relevant charges have been paid by the Client.

4.6 Charges for the use of additional services incurred by the Client and the Client’s invitees, if any, will be payable as incurred.

4.7 Act of works rendered will be rendered by the IAC at the end of the period of services provision or such earlier time as appropriate. In the event of late payment, the IAC shall be entitled to charge interest at 0,5% of the Agreement amount for each day of delay.

4.8 All charges are inclusive of any taxes due pursuant to the legislation of the Republic of Kazakhstan.

5. 5. Cancellation Policy

5.1 Cancellations shall be notified to the IAC in writing through email and will only be effective on the date such notice is received by the IAC (or the next business day if the notice is received on a day that the IAC is otherwise closed for business).

5.2 At any point where the Client notifies the IAC in writing of the cancellation of a booking, all deposits currently held by the IAC shall be forfeited and the booking shall be cancelled.

5.3 Notwithstanding the cancellation of a booking for the IAC Chambers’ services, the Client remains liable for all outstanding charges incurred under Clause 4 as applicable.

5.4 Where the Client cancels the booking of the services the Client shall pay the costs incurred by the IAC in securing those services or for which the IAC becomes liable to the providers of those services as a result of the cancellation on a full indemnity basis and the amount of such costs shall be set out or included in an invoice from the IAC to the Client. Save for arithmetical errors, the amount of such costs shall not be subject to any review or negotiation and the Client undertakes to pay the full amount of such costs indicated on the invoice.

6. 6. Adjournments and Early Conclusion of Hearings

6.1 In the event of an adjournment of a hearing resulting in the re-arrangement of the dates for the period of services provision, the IAC reserves the right to treat the adjournment as a cancellation under Clause 5.1 with all deposits currently held by the IAC forfeited, but may at the sole discretion of the IAC apply some of the monies as credit against the cost of the use of the IAC Chambers’ services of the re-arranged period of services provision.

6.2 In the event of a hearing or other activity ending before the agreed end of the period of services provision, there shall be no refund for charges for the affected services for the unused period of services provision.

7. 7. Use of the IAC Chambers’ Facilities

 7.1 The Client and the Client’s invitees, if any, shall be entitled to use the IAC Chambers’ services booked and paid for by the Client within the business hours during the period of services provision. Any extension of these times or booking of the IAC Chambers’ services outside of standard business hours, such as during weekends and public holidays, shall be on terms agreed between the IAC and the Client.

7.2 For the Client’s Invitees visits, queries relating to the IAC Chambers services and for printing/scanning/copying services at the IAC Chambers, the Client shall make a request to the IAC reception desk (booking.bcs@aifc-iac.kz) through email and, for visitor’s requests shall identify the name of the visitor, ID information and date of the visit, not less than 1 hour prior the visit. The IAC, the Client or Client’s Invitees agree that each shall treat as confidential any information received by the IAC in hard copies or electronically. All confidential information provided by the Client or Client’s Invitees shall be used by the IAC solely for the purposes of rendering services as agreed between the IAC and Client.

7.3 The access control card provided by the IAC to the Client shall provide access only to the Building C3.1. In case of loss or damage, the Client shall reimburse the full cost of the access control card.

7.4 The Client and the Client’s Invitees, if any, shall vacate the IAC Chambers no later than 6pm. Should the Client or the Client’s Invitees require the use of any services beyond 6pm, notice must be given to the IAC staff four (4) hours in advance of the start of the intended use, and an evening surcharge shall be levied on top of the usual charges.

7.5 The IAC shall take all reasonable steps to ensure that use of the IAC Chambers’ services at the IAC Chambers facilities by the Client or the Client’s Invitees is not disrupted or interfered by any other user or Clients of the IAC.

7.6 The Client shall be responsible for ensuring that all items (including equipment and furniture) of the IAC are restored to the same good working order and condition as at the start of the period of use by the Client. The Client shall be responsible to the IAC for any loss or damage caused to any of the IAC Chambers’ facilities of the IAC and/or property by the Client or the Client’s Invitees. The Client shall indemnify the IAC for all and any such loss or damage, whether directly or indirectly caused by the Client or the Client’s invitees and whether or not such loss and damage is of a direct or consequential nature, and the amount thereof shall be set out or included in an invoice from the IAC to the Client. Save for arithmetical errors, this amount shall not be subject to any review or negotiation and the Client undertakes to pay the full amount indicated on the invoice.

7.7 The Client undertakes to use the IAC Chambers’ services strictly for the purpose for which they are booked and paid for and not to do or permit to be done anything in the IAC Chambers’ facilities or in respect of the facilities which will in any way interfere with the use of the IAC Chambers’ facilities by other persons, and not to use the IAC Chambers’ facilities for any unlawful or immoral purposes. The Client undertakes to indemnify the IAC fully for any loss or damage of any kind sustained by the IAC as a result of a breach of this undertaking by the Client or the Client’s Invitees.

7.8 The IAC reserves the right to refuse entry to or to immediately eject from the IAC Chambers’ facilities any person whose presence is in the opinion of the IAC undesirable and/or whose conduct is objectionable, disorderly or disruptive or in violation of any laws, without compensation to the Client, the Client’s Invitees or any individual.

7.9 The IAC reserves the right to substitute any services provided to a Client where this is reasonably required for the conduct of the IAC’s business. If the IAC is prevented from conducting business at the whole or a part of the IAC as a result of any damage caused or threatened to the IAC Chambers’ facilities or any other event or circumstance outside the control of the IAC, the IAC shall be entitled to cancel the whole or a part of the provision of service and shall not be liable for any loss suffered by the Client or the Client’s Invitees as a consequence.

7.10 The IAC accepts no responsibility for any loss or damage to items brought to the IAC Chambers by a Client or a Client’s Invitees. Items shall be stored at the Client’s or the Client’s invitee’s sole risk in the areas allotted to the Client and must be removed immediately at the end of the provision of service. The IAC reserves the right to charge the Client for any period when the Client or its property, or the Client’s Invitees or property, remains at the IAC after the period of provision of service at a rate that the IAC determines is a reasonable rate in the absolute discretion of the IAC, and the Client undertakes to pay the full amount of such charges as set out in an invoice from the IAC to the Client. The IAC also reserves the right to have such items removed and stored or disposed at the Client’s risk and expense, including the use of document storage facilities and secure document shredding services.

7.11 The IAC accepts no responsibility for any loss or damage to the Client or its property or the Client’s Invitees or property. The Client shall accept full responsibility to the IAC for all loss or damage caused by the acts or omissions of the Client or the Client’s Invitees, howsoever arising, and shall fully indemnify the IAC for the same.

7.12 Material passes shall be approved by the IAC’s officers accountable for assets and shall be issued by the IAC. It is not allowed to deliver the property to/remove it from the facilities under oral instructions or by other means not agreed by the IAC.

8. 8. Other Conditions

8.1 The governing law of the Agreement is the Acting law of the Astana International Financial Centre.

8.2 Any dispute arising out of or in connection with the Terms & Conditions of Use, including any question regarding its existence, validity or termination, shall first be referred to mediation at the IAC under its Arbitration and Mediation Rules, and if the said dispute cannot be settled by mediation within sixty days of the Client or the IAC giving written notice of a dispute to the other of the Client or the IAC, then the dispute shall be referred to and finally resolved by arbitration by a sole arbitrator at the IAC. The arbitrator shall be appointed by agreement of the Client and the IAC. The seat of the arbitration shall be the Astana International Financial Centre, Astana, Kazakhstan. The language of the arbitration proceedings shall be the English language.

9. 9. Confidentiality and privacy

9.1 The IAC and the Client undertake that they shall not disclose to any person commercial terms and conditions under the Agreement and information which is reasonably regarded as confidential (if it knows or ought to know that the information is confidential).

9.2 The IAC and the Client may disclose the confidential information, if:

1. a) the confidant has consented, expressly or by implication, to its disclosure; or
2. b) its disclosure is required by law; or
3. c) its disclosure is required in the interests of the confidant; or
4. d) it is no longer confidential; or
5. e) it is disclosed to any party who has a legitimate interest in receiving it.

9.3 During the term of the agreement and for a period of five (5) years thereafter, the IAC and the Client must maintain all Confidential Information in strict confidence.

10. 10. Force-Majeure

 10.1 Force Majeure event means any circumstance not within a reasonable control of the IAC or the Client including without limitation:

1. a) acts of God, flood, drought, earthquake or other natural disaster;
2. b) epidemic or pandemic;
3. 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;
4. d) nuclear, chemical or biological contamination or sonic boom;
5. e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction;
6. f) collapse of buildings, fire, explosion or accident; and
7. 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:

1. 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
2. b) use all reasonable endeavours to mitigate the effect of the Force Majeure event on the performance of its obligations.