Service Agreement

TEKNOCE CORPORATE COMPANY SOLUTIONS

PORTAL, WEBSITE DESIGN, USE AND SALES AGREEMENT

I- PARTIES :

This Portal Website, Design, Use and Sales Agreement (“Agreement”) ………………. The recorded center of history on one side; Nergiz Mh. 2004 St. TeknoCE Corporate Firm Solutions, located at No:3/B Nergiz Karşıyaka / İzmir, together with Cemal AVCI (hereinafter referred to as TeknoCE Bilişim) ………………………………………………………………………… ……………………………………………..…..authorized to represent and sign …………………………………………………………… Located at ………………………………………………………….……………………………………………….…….…….( A full agreement has been reached and signed between the parties (hereinafter referred to as “CUSTOMER”) in the form and conditions specified below.

II- SUBJECT OF THE CONTRACT:

The subject of this Agreement includes the preparation of internet software by TeknoCE Bilişim in order to carry out communication, promotion, advertising and similar services.

III- RIGHTS AND OBLIGATIONS OF TeknoCE BİLİŞİM:

1. TeknoCE Bilişim will provide the hosting infrastructure where the web portal will be located and serve, provide technical support and carry out the necessary creative work in return for this contract fee.
2. It will prepare the software (web design) that the Customer needs for promotion and advertising, and will be responsible for correcting any software errors and problems that may occur regarding the services provided to the Customer within one (1) week. No fee will be charged for these corrections. For additional designs requested by the customer (corrections that require design and code changes, page additions), the company will integrate the necessary arrangements and additions into the system for an additional fee within the shortest time it determines after completing the necessary work.
3. TeknoCE Bilişim will provide the infrastructure of the database into which the Customer’s detailed information and images will be entered and provide technical support. It will establish the tracking system of the web base.
4. The Web Portal subject to this agreement is a system running on the internet server and will be installed on _____________________ (Domain), all license, usage and operating rights of this website belong to TeknoCE Bilişim.
5. TeknoCE Bilişim has the right not to provide the product’s ftp information and CPanel information to the CUSTOMER. CUSTOMER has the right to receive FTP and CPanel information only for a fee to be determined by the parties.
6. TeknoCE Bilişim may evaluate the additional features requested by the CUSTOMER and provide them for an updated price. The relevant update fee will be determined by the agreement of the parties (confirmation e-mail).
7. If the server is on TeknoCE, in this case TeknoCE IT undertakes to solve all the problems that prevent the site from working free of charge. However, since TeknoCE does not have the authority to intervene in problems that occur on the customer’s own servers, TeknoCE will not be responsible for the situation in question. TeknoCE Bilişim develops the product to run on Internet Explorer 7 and above, Firefox 3.0 and above, Google Chrome, Opera 10 and above, and Safari, but does not guarantee that it will work on browsers other than these. Additionally, it does not guarantee that it will work properly on very slow computers, computers with very slow internet connections, or computers infected with viruses.

IV- CUSTOMER’S RIGHTS AND OBLIGATIONS:

1. The customer is responsible for providing the domain name for the web page himself. The Customer agrees to host the server system on which the Web-based software will be installed within TeknoCE Bilişim.
2. If the customer wishes to renew the hosting service he/she has purchased at the end of one (1) year, he/she has the right to extend this service purchase for another (1) year by paying the fee for another (1) year.
3. The customer can change the hosting location by purchasing the source codes for an additional fee.
4. The customer supplies all of the images and written documents required during the editing and designing phase of the Web design and transmits the images to TeknoCE Bilişim in a computer environment or in high quality. TeknoCE Bilişim cannot be held responsible for any delays caused by the customer not providing (not sharing) the documents required for this service to TeknoCE Bilişim on time.
5. The customer can show TeknoCE Bilişim an example site. It is TeknoCE Bilişim’s responsibility to place the sample information of this site in the new design. However; If the information requested to be received by the customer in the sample site contains articles, communications, pictures, all kinds of visual and/or written contents that belong to someone else’s copyright, in case the receipt of these contents would constitute a violation of Intellectual Property Law, this request shall be made by the Customer to TeknoCE. It is forwarded to Bilişim via written instructions. It is accepted by the customer with a clear statement within the scope of this agreement that TeknoCE Bilisim, which implements the customer request and request, will not be responsible in any way for this.
6. The customer accepts and declares that all ideas, thoughts, expressions, comments and articles expressed are his/her own and that TeknoCE Bilişim is not responsible in any way. He/she accepts and declares that the web designs will be made WordPress-based and/or OpenCart-based, and that he/she will use this service by selecting the licensed theme options within TeknoCE Bilişim. Apart from these options, any paid themes and/or plugins required are subject to an additional fee, and if the customer wishes, additional requests are fulfilled in line with their payment. Additionally, the selected theme license is not delivered to the customer. If the customer wants to purchase the theme license, he can make the purchase at https://themeforest.net and/or opencart.com. Even though the theme license is not given to the customer, the lack of a license key will not make any difference in the arrangements made on the site other than installing other demo sites of the theme, so the Customer can make the arrangements as he wishes. (The license key is mostly required to install other demos of the theme.)
7. CUSTOMER cannot request the addition of content that will slow down or stop the general operation of the system. TeknoCE Bilişim does not accept responsibility if the site crashes by installing add-ons and/or similar software other than TeknoCE Bilişim and/or by making changes to the existing source codes. All changes made outside the authority of TeknoCE Bilisim are the responsibility of the person or institution making the change.
8. In case of changes to be made by the customer, TeknoCE Bilişim must be informed about the change, and TeknoCE Bilişim will support the customer by taking a backup of the database along with the information provided. However, if the site crashes due to changes made by the Customer without TeknoCE Bilisim’s knowledge and database backup, the customer will be entirely responsible for this.
9. CUSTOMER accepts that he/she is entirely responsible for the messages left in various sections during the use of this website. CUSTOMER may send messages to T.R., but not limited to those stated below. It accepts and undertakes that it will immediately notify TeknoCE Bilisim and take the necessary measures to remove the relevant messages in cases where it is against the law, contains propaganda of various terrorist organizations, contains obscenity, encourages gambling, prostitution, drug use, etc. and in case these contents are published. . CUSTOMER accepts in advance that TeknoCE Bilişim will not have any liability in legal matters.
10. The CUSTOMER declares and undertakes that he/she is personally responsible for the license rights of the images, videos, texts and audio files to be added to this website.
11. The CUSTOMER accepts in advance that the information requested to be included in the site content will not contain content that is contrary to general morality or derogatory to others.
12. CUSTOMER is exclusively and unlimitedly responsible for all demands made by TeknoCE Bilişim and third parties if the CUSTOMER does not fulfill his/her obligations and commitments under this agreement at all or as required.
13. If TeknoCE Bilişim pays or is obliged to pay compensation, Judicial or Administrative Fines, etc. to third parties or institutions, official institutions and organizations under whatever name, due to the Customer as a result of its services arising from this contract, this will be paid or payable. The Customer accepts and undertakes to recourse the costs in full to the CUSTOMER and to compensate all other damages suffered by TeknoCE Bilişim for this reason, in full, in cash and in full, without the need for any other notice or provision.
14. CUSTOMER who receives web page service within TeknoCE Bilişim and exits before the end of the year is obliged to notify TeknoCE Bilişim about the service change in writing with a wet signature. They accept and declare that a website fee will be penalized against them in case they do not notify their exit process and make agreements with other agencies and/or companies and publish advertisements of other agencies and/or companies within our references.

V- PRICING, PAYMENT AND DELIVERY TERMS

A certain fee for the preparation of the website has been agreed in advance, and the fee for the necessary translations and images that must be purchased is …………… to the customer. It is stated in TL. The customer will pay 50% of this fee in advance and 50% against the invoice upon completion of the work. The fee notified to the customer here is the fee for preparing the site in a single language. If the website is requested to be prepared in other languages, the service in question is subject to an additional fee for each language, and it is clearly stated in this agreement that it is not included in the campaign.

At the end of the work, the site will be delivered ready and approved in writing or via e-mail, and the full payment will be made by the CUSTOMER at the latest one (1) week after the invoice date after the necessary checks are completed. In case of delay, 10% monthly delay interest will be applied.

If there is a delay in the completion of the work or the preparation of the website, other than force majeure or a reason caused by the Customer, or if the work cannot be completed, TeknoCE Bilişim refunds all fees received.

The Customer’s additional service requests are subject to a separate fee, and if they are of a nature that will delay the completion of the work within the specified period, the delivery time of the work will be determined separately by TeknoCE Bilişim and notified to the Customer by e-mail.

The site updating service is subject to an additional maintenance contract and this service will be charged separately by TeknoCE Bilişim.

VI- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

1. All elements of the Site (including but not limited to design, text, images, html code and other codes) (works subject to copyright of the Website) belong to TeknoCE Bilişim and/or TeknoCE Bilişim. It is used under a license obtained from a third party. CUSTOMER cannot resell, share, distribute, exhibit, reproduce, create or prepare derivative works from these Services, business, TeknoCE Bilisim information and copyrighted works provided by TeknoCE Bilişim, or allow anyone else to access, operate or use the Contract Services. cannot allow; Otherwise, they will be responsible for covering the amount of compensation requested from TeknoCE Bilşim due to damages suffered by third parties, including but not limited to licensors, and any other liabilities, including but not limited to court costs and attorney fees.
2. All assets of TeknoCE Bilişim, including its Services, information, copyrighted works of the Website, Website trademarks, Website commercial appearance or any material and intellectual property rights it owns through the Website, in kind. and all rights regarding personal rights, commercial information and know-how are reserved.

VII- DELIVERY OF THE WORK IN THE CONTRACT – DURATION AND TERMINATION    :

1. The delivery period of the work determined by this contract is 30 (THIRTY) business days and will take effect from the date of signature. If it is not terminated earlier for the reasons clearly stated in the contract, it will terminate automatically on ………………… without the need for any notice. This contract can only be renewed in writing by mutual agreement of the parties.If any of the parties violates any of its obligations under this contract, fails to perform its obligations properly, goes bankrupt, becomes insolvent, declares composition or bankruptcy postponement, actually quits the job before the end of the contract period, its legal structure or
2. In cases where the continuity of operating costs is jeopardized or its shares change hands directly or indirectly, including but not limited to, affecting the management right, the other party has the right to terminate the contract unilaterally.
3. In case the obligations within the scope of the contract are not fulfilled by the CUSTOMER, TeknoCE Bilişim gives a written warning and gives a period of time for the fulfillment of the contract terms. If the contract provisions are not fulfilled despite this warning, TeknoCE Bilişim terminates the contract and pays 30% of the paid fee. He is free to cut off as a penalty.

VIII- TAXES and FEES:

All taxes, duties, fees and licenses, including the stamp duty stipulated by Turkish Laws regarding this Agreement, belong to the CUSTOMER.

IX- AMENDMENT IN THE CONTRACT:

1. Any invalidity, invalidity, revocability or unenforceability in any part of the provisions or conditions contained in this contract and its annexes does not affect the binding force of the other provisions and annexes of the contract in case of any contradiction with the law.
2. The parties may make changes to the contract, provided that it is in writing, with the consent and signature of both parties. Correspondence for contract changes does not create any rights or obligations for the parties.

X- EVIDENCE CONTRACT

The parties agree that all books and records belonging to TeknoCE Bilşim will be valid, binding, definitive and exclusive evidence in case of any disputes that may arise between the parties due to this agreement. This article is written evidence in accordance with Article 193 of the Code of Civil Procedure and no evidence other than the above can be provided.

XI- COMPETENT COURT:

Izmir Courts and Enforcement Offices are authorized for any disputes that may arise between the parties due to this agreement.

XII- FORCE MAJEURE

War, civil war, acts of terrorism, earthquake, fire, flood, which are beyond the control and will of the parties and which are beyond the power of reasonable control and which cannot be predicted and/or delay the parties from fulfilling their obligations under this agreement, including but not limited to the ones listed above. The occurrence of epidemics, epidemics and similar natural disasters will be considered as force majeure. When a force majeure occurs, one of the parties must immediately notify the other party without wasting any time. If such a situation is encountered, the parties will evaluate together and determine and implement the measures to be taken together. The parties will not be held responsible for not being able to fulfill their obligations fully or on time due to force majeure. If the force majeure situation continues for 30 (thirty) days without interruption, the parties will come together and this contract will automatically terminate. However, the rights and receivables of the Parties accrued before termination will remain reserved.

XIII- TRANSFER AND ASSIGNMENT

If any of the parties transfers its rights and obligations arising from this Agreement to a third party without mutual prior written consent, the other party is obliged to unilaterally terminate this Agreement immediately and pay compensation equal to the service fee it has provided up to that point due to the damage it has suffered. The party is competent and authorized to request a Penal Stipulation.

XIV- CONFIDENTIALITY

1. The parties consider any information or document obtained from the other party within the scope of this agreement and related to the content of the agreement as confidential and cannot share it with any third party or institution unrelated to the work performed. Otherwise, the party who violates confidentiality is obliged to cover the damages and losses arising from this. Violation of confidentiality is a justified reason for termination for the injured party.
2. Termination is made in accordance with the rules specified in this agreement. However, the information listed above that has already been disclosed to the public and the information requested by official institutions will not be evaluated within the scope of this article.
3. Mutually shared private information will be protected within the scope of Personal Data Protection Law No. 6698, and the parties are mutually responsible for situations contrary to this law.

XV- NOTIFICATIONS AND LEGAL RESIDENCY

Any notifications to be made between the Parties regarding this agreement and/or its annexes and/or its execution shall be made in writing by e-mail or by registered letter or courier, provided that it is made in writing and the confirmation date is the notification date. The parties declare, accept and undertake in advance that the addresses stated in this agreement are their legal notification addresses, that any address changes that may occur will be notified to the other party by registered letter within 1 week, otherwise notifications to the addresses written in this agreement will have all the consequences of a legal notification.

XVI- DIVISIBILITY

If any provision of this agreement is invalid, the other provisions will not be affected. The parties will agree on a suitable provision to replace the invalid provision.

XVII- SUPERIORITY OF THE CONTRACT

This contract is hereby deemed as the last and only contract between the parties, repealing all matters previously agreed upon in writing or verbally regarding the subject of the contract.

XVIII- ENFORCEMENT:

This contract contains a total of 18 (EIGHTEEN) articles on 6 pages and …………. It was prepared and signed in 2 (TWO) copies on . The parties irrevocably accept and undertake the accuracy of their declarations by stating that they have read each article and are informed about the scope and consequences of each article and that they will comply with the said provisions exactly.

TeknoCE Informatics	CUSTOMER
Authorized Signatory Name/Surname: Signature + Stamp	Authorized Signatory Name/Surname: Signature + Stamp

 

 

 

 

APPENDIX-1: Customer’s latest signature circular (If the customer is a company, there must be a signature circular)

TeknoCEBilişim Bank Information:

Garanti Bankası

Cemal AVCI

IBAN: TR38 0006 2000 7300 0006 6559 22