Service Agreement - TE Bilişim

CONTRACT SCOPE AND PARTIES

This contract, which documents that TE Bilişim Software and Internet Services provides the product/service to the party for the specified period, including its technical specifications, will be signed by mutual agreement between the parties.

In this contract, the buyer of the product/service is referred to as the BUYER, and the provider of the system and sales is referred to as TE Bilişim Software and Internet Services. The contract period is one (1) year from the start date. The parties may unilaterally terminate the contract for the following year by notifying each other at least 15 (fifteen) days in advance. Unless one of the parties cancels, the contract will automatically renew for subsequent years.

RIGHTS AND OBLIGATIONS OF THE BUYER IN THE CONTRACT

The BUYER agrees not to send or publish any message, information, data, text, software, photo, video, or any other material of any kind that may violate the laws of the Republic of Turkey and international agreements that it is a party to, that is harmful, threatening, insulting, harassing, defamatory, vulgar, demeaning, or that may violate the privacy rights of another person in any way, or that may result in any legal or criminal liability.
The BUYER agrees to assume responsibility for all content related to publications of copyrighted or artistic works that violate the copyrights of individuals or institutions, and that TE Bilişim is not responsible for any copyright infringement carried out through software.
The BUYER agrees not to install or send any malicious codes or materials such as viruses, Trojan horses, spyware, and dialer programs, and not to host unlicensed software, add-ons (etc.), hack, warez, or pornographic content on the site.
The BUYER agrees not to perform any actions such as attacking, copying, hacking, or blocking electronic broadcasting or any user through any computer software or tool by using this system or site.
The BUYER agrees not to use the personal information of users who have joined the site without their permission, and accepts in advance the legal and financial liabilities that may arise if they use this information without permission.
The BUYER acknowledges that they are responsible for the comments made on the site, which they have the authority to approve, and that they are the addressee in case of any legal and financial disputes arising from these comments. Therefore, they will keep the site’s imprint up to date to allow for intervention in any legal situation.
The BUYER agrees to be responsible for all formations that may occur as a result of changes or interventions they make in the theme section and database of the site, except for TE Bilişim Software and Internet Services, and that TE Bilişim Software and Internet Services may request intervention assistance for a fee to remedy the damage caused.
The BUYER acknowledges that they may face legal and financial sanctions as a result of decoding the encrypted files of the software by illegal means and allowing others access to or use of the software.
The BUYER acknowledges that they provide the infrastructure of the site, all its components, and all services, information, or site content included on the site “as is,” and that TE Bilişim Software and Internet Services is not responsible for any element or site content.
The BUYER agrees to only share the username and password information related to the software’s control panel with authorized individuals, to securely store all access information related to the control panel, and to not hold TE Bilişim responsible for any hacking attempts resulting from third-party access to this information.
The BUYER agrees that the TE Bilişim text and link found in the footer section of all pages on the software/desktop, mobile site, and mobile applications will not be removed, meaning that brand removal will not be carried out.
Demo content is not uploaded to the site due to its negative impact. If demo content is uploaded at the request of the customer, the BUYER agrees to be responsible for any problems related to the content and all search engines, including Google.
Otherwise, the BUYER acknowledges that TE Bilişim Software and Internet Services will not be held responsible for any damages, losses, expenses, and any other claims arising directly or indirectly from their own or third-party actions, and that in the event of a breach of these clauses, the software license may be cancelled and the services provided may be stopped without any right to claim, which the BUYER fully and unconditionally accepts, declares, and undertakes with their own free will.
The BUYER/CUSTOMER may not engage in actions such as insulting, swearing, defamation, or threat crimes against TE Bilişim or its employees in any form, such as e-mail, verbal or written, beyond the limits of criticism. In the event that such a situation is detected, the SELLER/TE BİLİŞİM reserves the right to unilaterally terminate the business relationship with the CUSTOMER without any refund, to report the crime to the necessary legal authorities, and to file a compensation lawsuit.

IT SERVICES AND OBLIGATIONS

TE Bilişim Software and Internet Services delivers the original news system written in PHP programming language to the BUYER with the structure and features published as a demo on the TE Bilişim Software and Internet Services address on the date of the agreement.
TE Bilişim Software and Internet Services provides the hosting infrastructure previously agreed upon by the parties in terms of payment and the features specified for the news site, if not already available. Upon request, the BUYER can also purchase an available domain.
The SELLER is responsible for resolving any issues or problems resulting from updates or error corrections made by Google in tools such as Search Console (AMP, Sitemap, etc.) or XML services for software migrations or new installations, provided that the BUYER’s technical support service is still ongoing and the issue is reported to the SELLER by the BUYER.
The SELLER cannot be held responsible in any way if the site is classified as spam by Google or removed from search results due to user errors, spam news, backlinks, promotion of articles for sale, footer link exits, or similar situations that may arise after the software installation.
The software is licensed indefinitely to the individual/company/owner after the installation process is completed.
TE Bilişim Software and Internet Services provides technical support services via the support panel (ticket) for 1 (one) calendar year (365 days) after the purchase of the product/service.
Standard technical support service is the general form of the most rapid measures taken in response to any malfunction or disruption that may occur, whether caused by or independent of any factor within the product/service.
The BUYER must ensure that only technical support and expert personnel are involved in resolving problems that may arise and impede the system’s flow, other than interventions that must be made deliberately or required for the product/service.
Additional modules and plugins that are requested to be added to the existing system are prepared by charging an extra fee and integrated into the existing system at the specified time.
If agreed upon by TE Bilişim Software and Internet Services and the BUYER for a fee before the completion of one year (365 days) after the purchase of the system, technical support services will be continued (extended) by the parties.
After the annual contract, the technical support and maintenance fee for the software used will be charged based on the customer’s approval.
It is possible to change the domain name of the software later for a fee. No claim can be made about the license on the previous domain name. Because the BUYER can only use 1 (One) domain name for the product they paid only 1 (One) license fee for. For each domain name change, a fee of 500 TL + VAT is charged.
If the BUYER has a debt from the software fee after purchasing the software, the service will be stopped and the site will be closed if the debt is not paid within the predetermined period. Licenses will be canceled for services not paid within 1 month, and all data belonging to the site will be completely deleted. It is the customer’s responsibility to request backups of the content. TE Bilişim is responsible for providing the site database backup and image backups for the content requested by the customer.
Services that are not paid within 30 days of the invoice date will be automatically suspended. 24 hours before the service is suspended, a reminder and payment link will be sent to the registered email address and mobile phone number in the customer panel. For services that are not paid within 24 hours, access to the software panel will be blocked. Suspended services will be automatically activated as soon as the payment is made from the customer panel.
The BUYER can transfer the license right of the theme purchased later to another customer if desired. The transfer process is subject to a fee. The transfer fee is 250 TL + VAT.
Upgrading software between packages can be done by determining the price difference between the software without experiencing any data loss.
The SELLER has the right to change the prices of products that are periodically paid such as hosting, SSL, private IP, technical support, etc. The price change is made at the beginning of each year based on the annual inflation rates. For contracts made in the middle of the year, new price updates will be made based on the end-of-year inflation rate. In addition, the SELLER reserves the right to change prices according to the USD exchange rate for monthly pricing.
The software must be hosted on TE BİLİŞİM (SELLER) servers as long as the BUYER receives software services.
Server, hosting, Cpanel, root and FTP information are not shared with the BUYER. If needed, the BUYER can get support from the TE Bilişim technical support team for server, hosting, Cpanel, root, and FTP-related processes.
At the end of the service period, the SELLER is responsible for providing the existing database and image backups in the software upon the customer’s request.

CONSUMER RIGHTS – WITHDRAWAL – CANCELLATION AND REFUND CONDITIONS

GENERAL:

If you place an order through the website you are using electronically, you are deemed to have accepted the sales contract offered to you.
Buyers are subject to the provisions of the Law on Protection of Consumers numbered 6502 and the Distance Contracts Regulation (OG: 27.11.2014/29188) and other applicable laws with regard to the sale and delivery of the product they have purchased.
Each purchased product is installed on the domain name declared by the buyer, provided that it does not exceed the legal period of 30 (thirty) days. If software installation does not take place within this period, buyers can terminate the contract.
The purchased product must be delivered in full and in compliance with the specifications indicated in the order and with any necessary documents.

IF THE PURCHASED PRODUCT PRICE IS NOT PAID:

If the buyer does not pay the price of the product purchased or cancels the payment in the bank records, the Seller’s obligation to deliver the product ends.

UNAUTHORIZED USE OF CREDIT CARD IN TRANSACTIONS:

After the product is delivered, if it is determined that the buyer’s credit card payment was fraudulently used by unauthorized persons, and the sold product price is not paid to the Seller by the relevant bank or financial institution, the SELLER has the right to cancel the installation of the product.

IF THE PRODUCT CANNOT BE DELIVERED WITH UNFORESEEABLE REASONS:

If there are force majeure reasons that the Seller cannot foresee and the product cannot be delivered on time, the situation is notified to the Buyer. The Buyer may request cancellation of the order or postponement of delivery until the obstacle is removed. If the Buyer cancels the order and has paid in cash, the amount will be refunded to the Buyer in cash within 20 (twenty) days from the cancellation. If the Buyer has paid by credit card and cancels, the product price will be refunded to the bank within 14 days from the cancellation, but it is possible that it may take 2-3 weeks for the bank to transfer the amount to the Buyer’s account.

BUYER’S OBLIGATION TO INSPECT THE PRODUCT:

The buyer will check the subject of the contract goods/services before taking delivery and will not take delivery if the installation has not been done correctly. The delivered goods/services will be deemed undamaged and sound. The BUYER must carefully follow up the goods/services after delivery. The invoice must also be returned with the product.

RIGHT TO WITHDRAWAL:

The BUYER has the right to withdraw from the contract without any legal or criminal liability and without showing any reason by rejecting the product within 7 (seven) days from the delivery date to the person/entity, provided that they notify the SELLER via the customer panel.

WITHDRAWAL PERIOD:

If the purchased item is a service, the 7 (seven) day period begins from the date the contract is signed. In service contracts where the service has been started with the consumer’s approval before the withdrawal period ends, the right of withdrawal cannot be used.
The expenses arising from the use of the right of withdrawal belong to the SELLER.
In order to exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax or e-mail within the 7-day period, and the product must not have been used within the scope of the “Products for which the Right of Withdrawal Cannot be Used” provisions specified in this contract.

USE OF THE RIGHT OF WITHDRAWAL:

The invoice of the product delivered to the BUYER must be returned together with the product. (If the invoice of the product to be returned is corporate, the return invoice issued by the institution must be sent together. Return of order cancellations issued on behalf of corporations cannot be completed unless a RETURN INVOICE is issued.)

RETURN CONDITIONS:

The SELLER is obliged to refund the total amount to the BUYER within a maximum of 30 (thirty) days from the receipt of the withdrawal notification. Products that cannot be returned: Transfer fee, SSL, Special design
If there is a decrease in the value of the service due to the fault of the BUYER or if it becomes impossible to return, the BUYER is obliged to compensate for the damages of the SELLER in proportion to their fault. However, the BUYER is not responsible for any changes or damages that may occur due to the proper use of the product within the withdrawal period.
In case the campaign discount amount used falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount used within the campaign will be cancelled.

PRODUCTS THAT CANNOT BE RETURNED:

Products that are prepared, developed, or specially worked on in accordance with the Buyer’s request or explicitly personal needs and requests, instant services performed electronically, or intangible goods instantly delivered to the consumer, and voice or image recordings, books, digital content, software programs cannot be returned due to Regulation. Additionally, the right of withdrawal cannot be used for services that have started with the consumer’s approval before the expiration of the withdrawal period, as required by the Regulation.
In monthly or yearly provided services, the remaining services will not be refunded in case of a request for the termination of the service.

DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults in case of payment transactions made by credit card, the BUYER accepts, declares and undertakes that they will pay interest in accordance with the credit card agreement between the cardholder bank and themselves, and be responsible to the bank. In this case, the relevant bank may resort to legal remedies; may request expenses and attorney fees from the BUYER and in any case, the BUYER accepts to pay for any damages incurred by the SELLER due to the BUYER’s delayed performance of debt.

PAYMENT AND DELIVERY

You can make the payment by Bank Transfer or EFT (Electronic Fund Transfer) to one of our declared company accounts.
You can take advantage of all kinds of online payment opportunities for your credit cards on our website. In your online payments, the amount will be charged from your credit card at the end of your order.

RESOLUTION OF DISPUTES

Istanbul Courts and Execution Directorates are authorized in all disputes that may arise between the parties due to this agreement.
Organizations/individuals/institutions who have purchased the news software and other products and benefit from TE Bilişim services are deemed to have accepted, approved, and started to use in this direction by accepting all the above-mentioned articles.