Service Agreement - TE Bilişim

CONTRACT SCOPE AND PARTIES

In this agreement, the BUYER, who purchases the product/service, will be referred to as the buyer, and the entity that prepares the system and offers it for sale will be referred to as TE Information Technology Software and Internet Services. The duration of the contract is 1 (one) year from the start date. Either party can unilaterally cancel the contract for the following year, provided that they notify the other party 15 (fifteen) days in advance. The contract is automatically renewed for subsequent years unless one of the parties cancels it.

RIGHTS AND OBLIGATIONS OF THE BUYER IN THE CONTRACT

The BUYER, in accordance with the laws of the Republic of Turkey and the international agreements to which it is a party, will not transmit or publish any messages, information, data, text, software, photos, videos, or any other type of material that is contrary to other international agreements, harmful, threatening, defamatory, harassing, constitutes wrongful act or libel, is coarse, obscene, derogatory, or could violate the privacy rights of another person, or in any other way that would entail legal and criminal responsibility.
The BUYER will assume responsibility for all content related to intellectual and/or artistic works that violate copyright laws of individuals or institutions, published through the use of this product/service. TE Information Technology acknowledges that it has no liability for copyright infringements occurring through the use of the software.
The BUYER will not implant any malicious codes and materials such as viruses, Trojans, spyware, and dialer programs into the system, nor will it transmit them. The BUYER will not host unlicensed software, plugins, hack, warez, or pornographic content on the site.
The BUYER will not engage in attacks, copying, hacking, blocking, or similar activities against any electronic publication or user using this system or site through any computer software/tool.
The BUYER will not use the personal information of users who are members of the site without their permission and accepts in advance the legal and financial responsibilities that may arise from unauthorized use.
The BUYER is responsible for comments made on the site and will keep the site’s imprint continuously updated to allow for legal intervention in any legal or financial disputes related to comments.
The BUYER will be responsible for all consequences arising from changes or interventions made to the theme section and database other than those made by TE Information Technology Software and Internet Services, and can request intervention assistance from TE Information Technology Software and Internet Services for a fee to remedy such damages.
The BUYER understands that they may face legal and financial sanctions if they illegally decode the encrypted files of the software and allow others to access or use them.
The BUYER acknowledges that the infrastructure of the site, all elements of the software are provided “as is” and that no explicit or implicit guarantees are provided regarding the website or any services, information, or content included in the website, and that the accuracy, completeness, and usability of all thoughts, advice, services, or other information and material provided through the website are solely their responsibility.
The BUYER will share the username and password information of the software control panel only with authorized persons, will keep all access information related to the control panel securely, and will not hold TE Information Technology responsible for hacking attempts that may occur due to these details falling into the hands of third parties.
The BUYER agrees that the TE Information text and link in the footer section on all pages of the software/website, desktop, mobile site, and mobile applications will not be removed, i.e., there will be no brand removal process.
If demo content is loaded at the request of the customer, the BUYER will be responsible for any problems that may arise with the content and all search engines, including Google.
The BUYER, who is a press advertisement publisher of the Press Advertisement Agency, understands that they are obliged to follow and control the legal features and instructions requested by the Press Advertisement Agency, knows that TE Information Technology is not a party in the relations between the BUYER and the Press Advertisement Agency, and acknowledges that TE Information Technology cannot be held responsible or penalized for any problems between the BUYER and the Press Advertisement Agency.
Otherwise, the BUYER unconditionally and without reservation accepts, declares, and undertakes with their free will through this agreement that TE Information Technology Software and Internet Services are not responsible for any damage, loss, expense, or other claims that may arise directly or indirectly from the actions of themselves or third parties. In case of violation of these clauses, the software license can be canceled, the services received can be stopped, and the BUYER will not claim any rights in this regard.
The BUYER/CUSTOMER cannot engage in actions that exceed the limits of criticism against TE Bilisim Technology or its employees, such as insults, swearing, slander, threats, etc., through email, verbally, or in writing. If such a situation is detected, the SELLER/TE INFORMATION TECHNOLOGY reserves the right to unilaterally cancel the business relationship with the CUSTOMER without any refund, to file a criminal complaint with the relevant legal authorities, and to file a lawsuit for damages.

TE BILISIM TECHNOLOGY SERVICES AND OBLIGATIONS

TE Bilisim Technology Software and Internet Services delivers to the BUYER its original news system written in PHP programming language, with the structure and features published as a demo at the address specified by TE Information Technology Software and Internet Services on the contract date.
If not already available, TE Information Technology Software and Internet Services will provide the hosting infrastructure specified beforehand and agreed upon by both parties in terms of price, for the news site. Upon request, TE Information Technology can also purchase a domain that the BUYER wants and is available.
The SELLER is obligated to fix any issues or problems in software that is migrated or newly installed, such as in tools controlled by Google like Search Console (AMP, Sitemap, etc.), XML services, after being notified by the BUYER, if the BUYER’s technical support service is ongoing.
The SELLER cannot be held responsible in any way if the site is marked as spam by Google or removed from search results due to user errors, spam news, backlink exits, advertorial sales, footer link exits, etc., that occur later.
The software is licensed indefinitely to the person/company/owner when the installation is completed.
TE Information Technology Software and Internet Services offers support service through the support panel (ticket) for 1 (one) calendar year (365 days) following the purchase of the product/service.
Standard technical support service is the general state of taking the fastest measures in case of a malfunction occurring within or outside any factor seen in the offered product/service.
The BUYER must ensure that only technical support and expert personnel resolve problems that arise unintentionally or due to unnecessary product/service intervention and hinder the system’s flow.
Subsequent domain name changes can be made for a fee for the software. No rights can be claimed on the license of the previous domain name in domain name changes. The BUYER can use only 1 (One) domain name for the product for which they paid only 1 (One) license fee. The fee for the first change in domain name changes is 750 TL + VAT, and for subsequent changes, the fee for each change will be 1,000 TL + VAT.
If the BUYER has any debts for services received (Software, hosting, server, mobile application, etc.) and does not pay within 30 days, all services provided will be stopped, and the site will be closed for use. Licenses for services not paid within 1 month will be canceled, and data related to the site will be completely deleted. The responsibility for requesting backups of content belongs to the customer. TE Information Technology is obliged to provide backups of the database and images related to the site upon backup requests for content submitted by the customer.
Services not paid for within 30 days from the invoice date will be automatically stopped. A final reminder and payment link are sent to the registered email address and mobile phone number in your customer panel 24 hours before the service stoppage date. Access to the software panel for services not paid within 24 hours will be closed. Stopped services will be automatically activated as soon as payment is made from the customer panel.
The BUYER can later transfer the purchased theme license right to another customer. The transfer process is subject to a fee. The transfer fee is 500 TL + VAT.
Upgrades to higher packages can be done without any data loss by determining the price difference between the software and performing software upgrade procedures.
The SELLER has the right to change the prices of paid products in services such as hosting, server, technical support, updates, development, SSL, full backup every 24 hours, database backup every 12 hours, DDOS attack protection services covering monthly fixed payments. This change is made at the beginning of each year according to the annual inflation rates. New price updates for contracts made in mid-year periods will be made according to the year-end inflation rate. Additionally, the SELLER reserves the right to change charges in monthly pricing according to the USD exchange rate of that month.
As long as the BUYER receives software services from the SELLER, the software must be hosted on TE INFORMATION (SELLER) servers. The software is not hosted on the BUYER’s server.
Server, hosting, CPanel, root, and ftp information are not shared with the BUYER. The BUYER can receive support from the TE Information Technology technical support team for server, hosting, CPanel, root, and FTP-related operations if needed.
At the end of the service period, the SELLER is obliged to provide the database and image backups available in the software, upon the customer’s request.
The BUYER declares and undertakes the acceptance of the clauses of this contract for products ordered later and not added to the contract.

CONSUMER RIGHTS – WITHDRAWAL – CANCELLATION AND REFUND CONDITIONS

GENERAL:

By placing an order electronically through the website you are using, you are deemed to have accepted the sales contract presented to you. Buyers are subject to the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188) regarding the sale and delivery of the product they have purchased, as well as other applicable laws. Each product purchased is installed on the domain name declared by the buyer, provided it does not exceed the legal period of 30 (thirty) days. If the software installation does not occur within this period, Buyers can terminate the contract. The purchased product must be delivered in compliance with the specifications stated in the order and, if applicable, accompanied by the necessary documents.

IF THE PURCHASED PRODUCT PRICE IS NOT PAID:

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

TRANSACTIONS WITH UNAUTHORIZED USE OF CREDIT CARD:

If it is determined that the credit card used by the buyer for payment has been unjustly used by unauthorized persons after the product delivery, and the product price is not paid to the Seller by the bank or financial institution, the Seller has the right to cancel the installation of the product.

IF THE PRODUCT CANNOT BE DELIVERED ON TIME DUE TO UNFORESEEN REASONS:

If force majeure occurs that the Seller could not foresee and the product cannot be delivered on time, the situation is notified to the Buyer. The Buyer can request the cancellation of the order or postpone the delivery until the obstacle is removed. If the Buyer cancels the order; if the payment was made in cash, this fee will be paid to him in cash within 20 (twenty) days of the cancellation. If the Buyer made the payment by credit card and cancels it, the product price will be refunded to the bank within 14 days from this cancellation, but it may take 2-3 weeks for the bank to transfer it to the buyer’s account.

BUYER’S OBLIGATION TO CHECK THE PRODUCT:

The Buyer will check the product/service before receiving it and will not accept it if the installation is not correctly completed. The product/service received is deemed to be undamaged and intact. The BUYER must carefully monitor the product/service after delivery. The Invoice must also be returned with the product.

RIGHT OF WITHDRAWAL:

The BUYER can exercise the right to withdraw from the contract without assuming any legal and criminal responsibility and without providing any reason, by rejecting the product within 7 (seven) days from the date of delivery to the person/institution, provided that they inform the SELLER through the customer panel.

DURATION OF THE RIGHT OF WITHDRAWAL:

For the Buyer, if the purchase is a service, this 7 (seven) day period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the consent of the consumer before the end of the right of withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. To exercise the right of withdrawal, it is required to send a written notification to the SELLER by registered mail, fax, or email within this 7 (seven) day period and that the product has not been used within the framework of the provisions of “Products that Cannot be Returned” stipulated in this contract.

USE OF THE RIGHT OF WITHDRAWAL:

The invoice of the product delivered to the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns whose invoice is issued in the name of the institutions cannot be completed unless a RETURN INVOICE is issued.)

RETURN CONDITIONS:

The SELLER is obliged to refund the total price to the BUYER within a maximum of 30 (thirty) days from the receipt of the withdrawal notification. Non-refundable products include Transfer fee, SSL, Custom design If there is a decrease in the value of the service due to a reason caused by the fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the product during the period of the right of withdrawal. If the campaign limit amount set by the SELLER is fallen below due to the use of the right of withdrawal, the discount amount benefited within the campaign is canceled. If the BUYER requests a refund within the 14-day return period, a deduction of 2,000 TL will be applied as an installation fee, and the refund payment will be made. This amount does not include hosting/server fees. The hosting/server fee for that month will be charged separately.

PRODUCTS THAT CANNOT BE RETURNED:

It is not possible to return products that are prepared, developed, or specially worked upon according to the requests or clear personal needs of the BUYER, instant services performed in the electronic environment, intangible goods delivered to the consumer instantly, and Regulation provisions regarding sound or video recordings, books, digital content, software programs. Also, it is not possible to use the right of withdrawal for services that have started to be performed before the end of the withdrawal period with the consent of the consumer, as per the Regulation. No refunds are made for the remaining services in the case of service termination requests for monthly or annual services.

DEFAULT STATE AND LEGAL CONSEQUENCES

If the BUYER defaults in the case of making the payment transactions with a credit card, they accept, declare, and undertake to pay interest and be responsible to the bank within the framework of the credit card contract made with the cardholder bank. In this case, the relevant bank can take legal action; demand the costs and attorney fees arising from the BUYER and in every condition, if the BUYER defaults due to the debt, they accept to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.

PAYMENT AND DELIVERY

All payments made by the BUYER under this contract are related to the Nova Content Management System. You can make a Bank Transfer or EFT (Electronic Funds Transfer) by making the payment to one of our declared company accounts. You can benefit from online single payment options for all types of credit cards on our site. At the end of your order in your online payments, the amount will be withdrawn from your credit card.

RESOLUTION OF DISPUTES

All disputes arising from this contract between the parties are under the jurisdiction of Istanbul Courts and Execution Offices.
Institutions/individuals/organizations that purchase news software and other products and benefit from TE Information Technology services are deemed to have accepted, approved, and started to use in accordance with all the above articles.