This Public Offer for Provision of Financial Services (hereinafter referred to as the “Public Offer”) is an official public offer (an offer) of Foreign Enterprise in the form of Limited Liability Company “MIKROMOLIYA TASHKILOTI OASISCREDIT” Microfinance Company (hereinafter referred to as the “Company”) addressed to individuals and legal entities, individual entrepreneurs, including self-employed persons (hereinafter referred to as the “Client”, and together with the Company, the “Parties”).
This Public Offer determines the procedure and conditions for the provision of financial services, including online services, offered by the Company and regulates the procedures, rights and obligations of the Parties when using financial services.
The relations between the Parties are regulated by this Public Offer, including the following documents:
General Agreement for provision of financial services;
Agreements for individual financial products (including loan agreement, microloan agreement, etc.);
Collateral agreements for securing obligations (guarantee agreement, pledge agreement, etc.);
The Client shall undertake to familiarize himself/herself with this public Offer and sign/confirm the documents specified in clause 1.3, in which confirms the fact of the Client’s familiarization and agreement with the terms and conditions of Public Offer, and that the information provided by the Client to the Company is accurate, true and complete.
TERMS, DEFINITIONS AND ABBREVIATIONS
– General Agreement means an agreement concluded by the Parties defining the main lending limits and other essential terms and conditions for the provision of financial services. This Public Offer is an integral part of the General Agreement.
– Grace Period means a period of time during which no repayment of principal amount on the Loan is made and/or no interest is charged for the use of Loan, or other individual temporary changes in the contractual terms and conditions.
– Legislation means applicable legislative acts and regulations, as well as international agreements and treaties incorporated into legal system of the Republic of Uzbekistan.
– Borrower means the Client provided with financial services.
– Pledge means movable or immovable property transferred by the Client to the Company as a security of his/her current or future obligations under the Loan.
– Pledger means an individual or legal entity (Client, or a third party) providing the Company with collateral security for the Client’s obligations under the Loan.
– Loan means credit funds issued by the Company to the Client in the form of a loan, microcredit, microloan, or consumer loan (or other credit products) on the basis of agreements concluded between the Parties.
– Microloan means funds provided to an individual for purposes not related to entrepreneurial activity on the terms of payment, urgency and repayment.
– Microcredit means funds provided to a borrower, a business entity or self-employed person, on the terms of payment, maturity, and repayment, as well as their use for certain purposes in cases stipulated by the Credit Agreement.
– Consumer loan means a loan granted to an individual (consumer) for purchase of goods (works, services) to meet consumer needs on the terms of payment, maturity and repayment.
– Loan Agreement means an agreement between the Parties on granting a Loan. The Loan Agreement is an integral part of the General Agreement (in cases when the General Agreement is concluded between the Parties). In cases of contradictions between the terms and conditions of these both agreements, the terms and conditions of the Loan Agreement shall prevail.
– Repayment ability means the Borrower’s ability to pay off its obligations under the Loan (principal and interest) in full and on time.
– Contact Centre (Call Centre) means a separate division of the Company or a service responsible for receiving and processing customer calls, providing information on the Company’s products and services, and other functions delegated by the Company to serve the Client.
– Principal Debt means a part of the Client’s debt to the Company in the amount of received loans (without accrued interest), not repaid (not paid) by the Client.
– Personal Data means information recorded on electronic, paper and (or) other material carrier related to a certain individual or enabling his/her identification.
– Collateral security means a type of Loan security, when a part of the responsibility for the borrower’s failure to fulfil the loan obligations is transferred to a third party – the guarantor.
– Third party means any individual or legal entity, except for the Central Bank of the Republic of Uzbekistan, the Client, and the Company.
– RUz means Republic of Uzbekistan.
TERMS AND PROCEDURE FOR PROVISION OF FINANCIAL SERVICES
This Public Offer regulates the relations between the Client and the Company related to provision of financial services, granting microcredit, microloan, loan (hereinafter referred to as “Loan” ) to the Client, leasing, guarantees, factoring services and Islamic financing services, consumer credit, as well as services for opening, maintenance and closing of all accounts related to financing, consulting and information services associated with the activities carried out by the Client.
The general terms and conditions for a Loan are defined by this clause and the specific terms and conditions are defined and regulated by a separate Loan Agreement concluded by the Parties:
Kind of Loan
– Listed on the Company’s website https://oasis.uz/en/
Maximum Loan amount/limit
– Microloan: not exceeding 50 million soums
– Consumer loan: not exceeding 50 million soums
– Microcredit: does not exceed 300 million soums
– Loan: the maximum amount is determined individually
Maximum Loan term
– Microloan: not exceeding 24 months
– Consumer loan: not exceeding 36 months
– Microcredit: not exceeding 48 months
– Loan: not exceeding 60 months
Date of Loan granting
– The day of crediting funds to the Borrower’s loan account with the Company
Grounds for Loan granting
– Borrower’s application for a Loan (loan application)
Interest rate accrual method
– Interest is accrued on the Client’s outstanding obligation to the Company and is calculated in accordance with the actual days of using the Loan on the basis of a 365 day year.
Loan repayment method
– Equal monthly instalments (annuity payment)
– With setting a grace period
Loan repayment order
– penalties, fines and other penalties
– overdue interest payments for using the Loan
– overdue payments on repayment of the Principal debt
– current payments on accrued interest for using the Loan
– current payments on repayment of the Principal debt
Loan repayment date
– From the moment of crediting funds in the amount of the Loan liabilities to the relevant account of the Lender.
– If the Loan repayment date falls on a weekend, public holiday or other non-working day, all payments shall be made on the next working day.
Right to Loan repayment instead of the Borrower
– Any third party, including Guarantors and/or Pledgers
– Motor vehicles, equipment, commercial and/or residential property
Expenses for registration of collateral security
– Borne by Borrower and/or Pledgor
Loan shall be granted if all of the following conditions are fulfilled:
– the Borrower’s financial condition meets the requirements established by the Company for granting the Loan;
– the Borrower, its Guarantors, Pledgers have duly complied with all the Company’s requirements to provide reliable information and/or documents required for the contractual relations between the Parties, in full, in the required form and within the term determined by the Company;
– the Borrower has no loans or borrowings from third parties that are not reported to the Company the time of the decision to grant the Loan;
– the Borrower, its Guarantors, Pledgers have no judicial or other disputes, criminal cases, other encumbrances and negative circumstances that are not reported to Company at the time of taking the decision to issue the Loan.
To be eligible for the Loan, the Borrower shall provide the Company with the following documents:
– loan application;
– passport of a citizen of the Republic of Uzbekistan or other document confirming legal residence of the Republic of Uzbekistan (for an individual);
– the Borrower’s balance sheet for the reporting period preceding the granting of the Loan (for a legal entity);
– minutes of the general meeting of founders or other authorized body in accordance with the Borrower’s constituent documents and the current legislation of the Republic of Uzbekistan on granting the Loan (for a legal entity);
– other documents, determined by the Company solely and notified to the Client before making a decision to grant the Loan.
The documents submitted by the Client to the Company, in their form and content shall be comply with the requirements of the legislation of RUz, as well as the requirements of the Company itself.
The Company not later than 3 working days after receipt of the credit application and documents submitted by the Client, shall consider and make a decision on granting the Loan or provide a reasoned refusal.
The Company shall grant the Loan to the Borrower:
for individuals – in cash, non-cash form by transfer to the Borrower’s plastic card or to the supplier’s settlement account according to the Borrower’s loan application.
– Payments for repayment of the loan amount, interest and penalties shall be made by the Borrower by cash/non-cash deposit/transfer to the cash desk/cash account of the Lender. The Borrower has the right to repay the loan principal debt and/or interest and other expenses under the Loan Agreement via electronic payment systems. The Client understands that the commission charged by electronic payment systems shall be paid by him/her solely.
for legal entities – by transfer of funds to the Borrower’s current account specified in the Loan Agreement.
– Repayment of the principal debt and interest shall be made by transferring funds to the Lender’s account specified in this Agreement from the Borrower’s current account specified in the Loan Agreement or from any other account of the Borrower opened in the Republic of Uzbekistan.
– The Lender shall undertake to grant the Loan to the Borrower within 1 (one) business day after the latter has fulfilled all obligations under the Loan Agreement and the Lender’s Public Offer for Financial Services.
– The Loan Amount shall be granted to the Borrower from the moment the Borrower provides duly executed in accordance with the legislation of the RUz a type of security for the obligation specified in the relevant agreement (pledge agreement, guarantee agreement), if there is a requirement of the Company.
for individual entrepreneurs, including self-employed persons – in cash, in non-cash form by transferring funds to the Borrower’s current account specified in the Loan Agreement.
– The Company has the right to unilaterally refuse to grant the Loan to the Borrower in full or partially or suspend the disbursement of funds, despite of the existing Loan Agreement and collateral agreements, as well as to demand early repayment of the Loan in the following cases:
– failure to fulfil/not properly fulfil the Client’s contractual obligations, including cases of overdue monetary obligations under the Loan lasting more than 30 (thirty) calendar days;
– concealment by the Client of information specified in clause 2.3 and clause 2.4, or provision of false or incomplete information;
– the existence or occurrence of circumstances of deterioration or risk of deterioration of the Client’s repayment ability, taken into account when making a decision to grant the Loan;
– adoption by the authorities of the Republic of Uzbekistan of resolutions that prohibit, restrict, significantly impede, or make inexpedient the provision of financial services, in particular the granting of loans by the Company.
– The Company’s requirement for early repayment of the Loan (hereinafter the “Requirement”) shall be made in writing, and, at the Company’s option, handed over to the Borrower or sent by postal service.
– The Client shall agree, consent, and authorize the Company to process his/her personal data presented in the concluded agreements, as well as in the Company’s database and/or stored in the databases of “Credit Information Analytical Centre” (hereinafter the “Bureau”) of LLC “Credit Bureau” and the National Register of Credit Information (Collateral Register), or in any other organizations providing information, including financial institutions, mobile operators etc.
– Such personal data shall be processed to evaluate the Client’s repayment ability and be available to the operator, provider, and recipient of personal data in accordance with the current legislation of the RUz.
RIGHTS AND OBLIGATIONS OF PARTIES
The Client shall be entitled to
Receive and use financial services, or to refuse to receive any financial service in the manner and on the terms and conditions specified in this Public Offer, as well as separately concluded General and Loan Agreements;
Refuse the unused part of the Loan on a free of charge basis within 14 (fourteen) calendar days from the moment of conclusion of the Loan Agreement by informing the Company in paper or electronic form. In such case the Client within the next 2 (two) calendar days shall be obliged to repay all monetary obligations under the Loan;
Carry out full or partial early repayment of the Loan debt;
Authorize third parties to pay the Loan, interest and other payments under the Loan Agreement;
Receive reliable and complete information on his/her rights and obligations, including all costs associated with the provision of financial services by the Company.
The Client shall undertake to
Fulfil the obligations under the Loan in full and a timely manner, defined by this Public Offer, as well as separately concluded agreements (General, Loan, collateral, etc.).
Provide the Company with information and/or documents required for financial service and fulfill his/her obligations under the Loan for proper execution by the Company of its powers in prevention and counteraction to legalization (laundering) of proceeds of crime, financing of terrorism and proliferation of weapons of mass destruction, as defined by the legislation of the RUz.
Obtain the Company’s consent prior to the following actions as:
– granting loans and/or credits from third parties;
– performing actions, as a result of which the Client’s obligations under the Loan may be transferred to a third party.
Inform the Company in paper or electronic form not later than 3 (three) calendar days from the date of occurrence on the following events as:
– termination or change of the Client’s activity;
– change in the Client’s personal data (name, address of actual and/or registered place of residence, contact telephone numbers, etc.), as well as other changes and additions to the information and documents submitted by the Client to the Company under the terms of the Loan and General Agreement;
– deterioration of the Collateral state.
Repay the entire Loan balance ahead of schedule within 10 (ten) calendar days from the date of sending or delivery of the Company Requirements for early repayment of the Loan.
Grant the Company an acceptance-free, unconditional, and irrevocable right to write off funds from any account of the Client opened in the banks of the Republic of Uzbekistan at the maturity of the principal debt, interest, penalties and / or other payments on the Loan in the manner provided by the General and Loan Agreement.
Reimburse/pay the Company in full losses and expenses related to the Client’s breach of obligations under the Loan, as defined in this Public Offer, as well as separately concluded agreements (General, Loan, Collateral, other), including those incurred by the Company during and/or in connection with the protection of its rights under the General and / or Loan Agreement.
Use the target loan for its intended purpose in accordance with the terms and conditions of the General and/or Loan Agreement.
Shall there be the relevant requirement from the Company, specified in the relevant collateral agreements, insure at its own expense, pledged movable and/or immovable property, provided as collateral security, for the entire period of use of the Loan, against existing risks, in financially stable insurance companies, previously agreed with the Company. In this case, the Company shall act as the Beneficiary under the insurance contract.
Provide the Company with an opportunity to verify his/her financial condition, place of residence, the property pledged under the Loan Agreement.
In addition, the Client shall undertake (directly or indirectly):
– not to take actions restricting the right of the Client’s employees and/or executors (hereinafter referred to as the “Employee”/”Employees”) to association and collective bargaining, as well as not to take enforcement actions as termination of employment contract, suspension, demotion, blacklisting or transfer to another job, in connection with the exercise of the Client’s Employee right to association and collective bargaining;
– to comply with the laws of the Republic of Uzbekistan regulating the minimum age for employment of juvenile, working conditions, minimum wages, working hours, occupational health, and safety.
– not to use any form of forced labour;
– not to employ, officially or unofficially, persons under the age of fifteen (15), except in cases stipulated in Article 118 (3) of the Labour Code of the Republic of Uzbekistan, and persons under the age of eighteen (18) involving in work with harmful or dangerous conditions.
– to pay his/her employees’ wages in full and in a timely manner, including additional payments and overtime allowances in accordance with the legislation of the Republic of Uzbekistan;
– not require Employees to work more than 40 hours per week (not including overtime) and ensure weekly rest to them in accordance with the laws of the Republic of Uzbekistan;
– to comply with and not to violate the labor legislation of the Republic of Uzbekistan.
The Client shall undertake not to carry out prohibited activities in accordance with the Company’s Exclusion List.
The Company shall be entitled to
At its discretion reasonably refuse to provide any financial service to the Client, including, in the case of non-compliance of the Client with paragraphs 3.2.11. and 3.2.12. of this Public Offer.
Provide financial services with or without the condition of the Client’s performance security, in accordance with the General and Loan Agreement;
Require early fulfilment of monetary obligations by the Client in full or partial, in cases of violation by the Client of any obligations defined by the present Public Offer, as well as separately concluded agreements (General, Loan, Collateral, etc.).
Refuse to apply, accrue, and pay by the Client forfeit penalty and/or any other penalties provided by the Loan Agreement.
Verify the Client’s financial condition, assess the Client’s repayment ability, the collateral security, fulfilment of obligations by the Client, its Guarantors, Pledgers.
Require from the Client to provide documents confirming his/her financial condition and solvency.
Require from the Client to provide additional collateral security or its replacement or early repayment of the Loan amount, in case of damage or bringing the pledged property by the Pledgor into disrepair, which significantly affected its market value, capable of satisfying the Company’s financial claims under the General and/or Loan Agreement.
Use all required legal means, including foreclosure on pledged property to reimburse the loan, accrued interest, and other costs of the Company to obtain the fulfilment of the Client’s obligations under the Loan Agreement in case of failure of the Client to make regular payment of the principal amount of the Loan in a timely manner and accrued interest. If the amount received from the sale of the pledged property is insufficient to cover the Company’s claim, the Company shall be entitled to receive the missing amount from other property of the Client.
Take appropriate measures (freezing, suspension of operations, etc.) to identify a physical (legal) person in accordance with the Law of the Republic of Uzbekistan “On counteracting legalization of income obtained by criminal means and the financing of terrorism” and other regulatory legal acts of the Republic of Uzbekistan.
To record telephone calls between the Parties, having notified the Client and/or its Guarantors, Pledgers in advance about recording of conversations to make sure that the Company meets its service standards.
Terminate the General and/or Loan Agreement unilaterally and require early repayment of the loan amount, payment of interest and penalties stipulated in the Loan Agreement, as well as reimbursement of losses caused to the Company in cases:
– If the Client fails to use the Loan within one month from the date of conclusion of the Loan Agreement.
– If the Client fails to provide the collateral security stipulated in the Loan Agreement;
– If the Client fails to fulfil his/her obligations to repay the Loan amount and accrued interest for more than 30 (thirty) days from the date of maturity;
– If the Client fails to fulfil the Company’s requirements to replace or provide an additional collateral security in cases of loss, reduced amount of the collateral security, termination of the ownership right to the collateral security and in other cases provided for by the collateral agreement and the current legislation of the Republic of Uzbekistan;
– in case of deterioration of the Client’s financial position and its recognition by the Company as insolvent;
– if the Client or a third party – the Pledgor fails to fulfil its obligations to ensure the safety of the pledged property provided as collateral security;
– if there is a claim to recognize the Client as insolvent (bankrupt) and the Client fails to inform immediately the Company of such claims or decisions;
– in case of circumstances endangering the timely repayment of the Credit amount;
– in case of violation of clause 3.2.11, clause 3.2.12 of this Public Offer;
– in other cases, stipulated by the legislation of the Republic of Uzbekistan.
The Company shall undertake to
Provide at the Client’s request information on conditions and procedure of financial services provision, list of necessary documents, rules for conclusion and execution of agreements, fulfilment of obligations under the Loan, etc.
Ensure the safety and confidentiality of the Client’s personal data, except for cases when disclosure of such information is required by legal acts of the RUz and/or international laws.
Provide financial services to the Borrower in accordance with the provisions of this Public Offer, as well as separately concluded Loan Agreement and General Agreement (if any).
Accept proper fulfilment of monetary obligations by the Borrower.
Notify the Client of the commencement of foreclosure of pledge, and other property of the debtor in accordance with the procedure established by law in case of non-fulfilment or improper fulfilment of obligations by the Client under the Loan Agreement.
Each right of one Party corresponds to the obligation of the other Party. At the same time, the rights and obligations specified in the Public Offer are not exhaustive and the Parties are vested with other rights and obligations arising from the terms of the General and Loan Agreements and the current legislation of the RUz.
LIABILITY OF PARTIES
The Parties shall be liable for improper fulfilment of their obligations in accordance with the requirements of the legislation of the RUz, terms and conditions of the present Public Offer and separately concluded General and Loan Agreements.
In case the Borrower violates the terms of repayment of monetary obligations under the Loan, the Borrower shall pay a penalty in the amount specified in the Loan Agreement. The penalty shall be calculated on the amount of the outstanding debt for each calendar day of delay, including the day of full repayment of the debt.
If the legislation of the RUz provides for restrictions on the maximum amount of penalty for certain persons, then in this case the penalty shall be charged in the maximum amount prescribed by laws of the RUz.
The Borrower shall not be evading responsibility for untimely fulfilment of obligations if force majeure circumstances occurred during the period of delay in fulfilment of obligations.
Interest, commission fees and forfeit (fine, penalty), other measures of liability under financial services agreements shall not be calculated and charged for the amount exceeding half of the borrowing amount per year.
Payment of forfeit (fine, penalty) shall not release the Parties from fulfilment of the Parties’ obligations under the General and/or Loan Agreement.
The Company shall not be liable for
cases of non-fulfilment or improper fulfilment of obligations under the terms of this Public Offer and separately concluded General and Loan Agreements, due to force majeure circumstances, including power failure, damage to communication lines, fire, and other circumstances beyond the control of the Company. The Company shall fulfil its obligations under the agreements concluded with the Borrower immediately after the termination of force majeure circumstances and consequences.
possible losses and other negative consequences caused by disclosure of information constituting commercial and banking secrets, if for reasons beyond the control of the Company such personal data of the Borrower becomes available to third parties.
situations arising from causes beyond the Company’s control, such as acts or actions of public authorities, the Central Bank, problems in power supply, communication links, strikes or actions of third parties whose services the Company uses.
Communication between the Company and the Client shall be made orally, in writing, electronically or via Call-center.
Written communication shall be sent to the other Party using the contact information specified in the Loan Application and/or the General and Loan Agreements, in person, by courier (including registered mail), email, mobile communication (short message service), mobile application and/or other means of communication determined by the Company, provided that:
– notices sent by the Client to the Company in person or by courier shall be deemed to have been delivered on the date of registration of incoming notices at the Company’s office.
– notices sent by e-mail shall be deemed delivered on the day the Company sends acknowledgement letter.
– notices sent by the Company to the Client by courier (including registered mail) shall be considered as delivered on the day delivered to the Client, however, in the absence of delivery confirmation, notices shall be considered as delivered on the next calendar day upon delivery to any person at the specified official address of the Client.
– notices sent by the Company to the Client by e-mail shall be considered delivered on the day of receipt of official confirmation of delivery from the Client’s e-mail server. In case of absence of such confirmation, the notice shall be considered as delivered on the next calendar day after sending.
– notices sent by the Company to the Client via mobile communication (including short message service), or other means of communication, subsequently determined by the Company, shall be considered as delivered on the next calendar day after their sending.
In case of any amendments to the present Public Offer, the Company shall inform the Client at least 10 (ten) calendar days prior to introduction of such amendments and additions by informing in writing or by sending SMS to the Client’s mobile number specified in the agreement, or by publishing such amendments and additions on the official website https://oasis.uz/en/.
If no refusal or objection to amendments and additions to the Public Offer is received within 10 (ten) days from the Client, such amendments and additions shall be deemed accepted by the Client.
– consent to processing of any personal data, including special personal data of the Client for improvements in the Company’s financial services by verifying the financial and property status of the Client, the Client’s relations with third parties, and for the Company’s statistical and/or marketing research and/or informing the Client about new products/services of the Company and its partners.
– consent to processing of any personal data, including special personal data of the Client, for proper execution of the Company’s powers in prevention and counteraction to legalization (laundering) of proceeds of crime, financing of terrorism and weapons of mass destruction, as defined by the legislation of the RUz.
– consent to grant the Company the right to request any information concerning the Client (including personal data) from any source in any quantity at any time at the discretion of the Company within the framework of the legislation of the RUz.
– consent to processing of personal data performed by the Company, its related/affiliated persons, legal successors of the Company or other organizations authorized by the Company, both on the territory of the RUz and abroad, including by means of automated processing of personal data.
– consent to use his/her contact details to keep in touch with him/her by any means, including phone calls, sending SMS messages and/or e-mails.
– consent to record his/her telephone conversations with the Company to assess the work of the Company’s employees, as well as in case of disputes. In this case, the Company shall notify the Client of the recording of the conversation before the start of conversation with the Client.
If required, the Parties shall reconcile mutual settlements under the General and/or Loan Agreement with registration of Act of Reconciliation of Mutual Settlements.
The Company shall draw up the Act of Reconciliation in two copies and send it to the Client. Within 5 (five) calendar days from the date of receipt of the Act, the Client shall sign and send one copy of the Act to the Company or send to the Company its written reasoned objections to the information contained in the Ac of Reconciliation.
If the Client fails to send to the Company a signed copy of the Act of Reconciliation or written reasonable objections within 5 (five) calendar days from the date of receipt of the Act of Reconciliation, the Act shall be deemed as accepted by the Client in the Company’s draft.
Issues not regulated by the present Public Offer shall be resolved in accordance with the current legislation of the RUz.
All disputes related to non-fulfilment or improper fulfilment of obligations under the Agreement and the terms and conditions of the Agreement the Parties shall endeavor to resolve through negotiations and claims.
The term of claim consideration shall be 5 (five) calendar days from the date of receipt of the claim to the recipient of the claim.
If the Parties fail to reach an agreement through negotiations, the dispute shall be considered in court at the place of registration of the Company in accordance with the current laws of the RUz.
In case any of the provisions of the present Public Offer is declared invalid, illegal, or void in accordance with the applicable laws of the RUz, other provisions of the Public Offer shall remain in full force and effect. In this regard the Company shall be obliged to replace the invalid, illegal or unenforceable provision with a mutually acceptable valid, legal, and enforceable one.
In the event of any discrepancy between the Uzbek, Russian and English texts of the present Public Offer, the Russian text shall prevail.