Article 1- PARTIES
On one side EDUCATION MAH. ASİL SK. RABA BUSINESS CENTER | NO:1 INTERIOR DOOR NO: 9 KADIKOY/İSTANBUL located at DMK ADVERTISING AGENCY and CONSULTANCY TIC. LTD. ŞTİ. (Tax No: 1410279706) (hereinafter AGENCY referred to as the “other party”) and the other party www.dmkajans.com.tr Private and/or Legal person who receives service from the address and notifies his/her information in the sales form (hereinafter CUSTOMER (hereinafter referred to as “the Company”) on the terms and conditions set forth below www.dmkajans.com.tr full agreement was reached on the date of purchase from the internet address.
Article 2- SUBJECT
This contract is arranged to determine the service contents, working conditions, mutual obligations, scope and duration of the contract to be provided to the CUSTOMER by the AGENCY.
Article 3- SCOPE and SERVICES TO BE PROVIDED BY THE AGENCY
With this contract, the AGENCY agrees to provide services to the CUSTOMER in the areas whose details and form will be specified in the following articles of this contract in return for the terms, conditions and fees specified in this contract.
Article 3.1
The AGENCY shall provide the services received by the CUSTOMER as specified on the relevant web page and info@dmkajans.com.tr The CLIENT has the right to revise 2 (two) times until the services subject to visual design are approved. When the number of revisions increases or the change requested by the CUSTOMER after approval exceeds 20% of the total work, AJANS reserves the right to request an additional service invoice for new work. The additional service invoice cannot exceed 10% of the total website development service fee.
Article 4- OBLIGATIONS OF THE AGENCY
Article 4.1
The AGENCY is obliged to provide the services that are the subject of this contract and purchased by the CUSTOMERfrom the website in full. It is also obliged to meet the visual design requirements to be used in the design processes and assumes full responsibility for copyright, except for licensing and software that will belong to the CUSTOMER.
Article 4.2
The AGENCY accepts, declares and undertakes that it will add the necessary arrangements and additions to the system as soon as possible after completing the necessary study for corrections that do not require design changes in terms of the designs prepared for the CUSTOMER.
Article 4.4
The AGENCY accepts, declares and undertakes that it will deliver all passwords if requested by the CUSTOMER. Content, information, text, etc. by the customer. The AGENCY shall not be liable in whole or in part for any delay in the publication date that may arise from the delay of information and documents.
Article 5- OBLIGATIONS OF THE CUSTOMER
Article 5.1
The CUSTOMER assumes full responsibility for the copyright of the texts, contents and documents required for the organization and design of internet-based software. AJANS cannot be held responsible for delays caused by the failure of the CUSTOMERto provide the necessary documents on time. In this case, the delay time shall be added to the delivery time.
Article 5.2
CUSTOMER, accepts, declares and undertakes that the moral rights of the special graphics, designs, drawings, maps, models, animations, logos, emblems and fonts used in the designs produced by AJANS belong to AJANS, but that all financial rights of these graphics are transferred to their ownership, that these graphics will not be reproduced and distributed in any way contrary to the purpose of this contract, and that they will not be used in an electronic or printed medium other than the website written in the contract.
Article 5.3
The CUSTOMER accepts, declares and undertakes that the costs of the server system on which the internet-based software will be installed and all software/hardware requirements necessary for the operation of the said system shall be borne by the CUSTOMER.
Article 5.4
The CUSTOMER accepts, declares and undertakes that all ideas, thoughts, expressions, comments and writings and any other content that he/she submits to be used for the realization of the subject of this contract belong to him/her and that he/she bears all legal and criminal liability that may arise from the violation of the law and general rules of morality. In these cases, the AGENCY shall have no responsibility whatsoever.
Article 5.6
The CUSTOMER shall inspect each work sent by the AGENCY for approval within 48 hours at the latest and shall give approval to the AGENCY. If no positive/negative response is given within this period, the CUSTOMER is deemed to have approved the work.
Article 5.7
Accurate and quality information is a prerequisite for quality content. For this reason, the density and quality of the materials (articles, visuals, sectoral information, etc.) to be transmitted from the Client to the Agency are of high importance in determining the quality of the content produced. The CUSTOMER is obliged to transfer the aforementioned contents to the AGENCY.
Article 7- TERM OF SERVICE AND TERMINATION
Article 7.1
Duration of the service promised under this contract www.dmkajans.com.tr for the period specified on the website. For recurring services, the service start date starts with the first purchase date of the related service.
Article 7.2
In the implementation of this contract, in the event that one of the parties fails to perform one of the primary obligations or one of the essential elements of the contract on time and / or incompletely and / or at all, the other party shall give the breaching party 10 business days to remedy the breach by giving a written correction notice. If the breach of the contract is not remedied within the allotted period, the breaching party may unilaterally terminate the contract without the need for a written notice and without having to pay any compensation under any name. The infringing party shall indemnify the injured party for any damages suffered by the infringing party and for any income deprived thereby.
Article 8- CONFIDENTIALITY
During the performance of this contract, all information that the parties have learned within the scope of the contract and which is not publicly available is confidential information. The parties accept, declare and undertake not to use this information they have learned within the scope of the contract in any way other than the fulfillment of the purpose of the contract, not to give it directly or indirectly to third parties without the written permission of the other, not to disclose it, not to disclose it to the public or to avoid behaviors that will result in this way.
Article 9- NOTICES
For any notification to be made in relation to this agreement and its implementation, the parties hereby agree to comply with the provisions of Article 1 of this agreement. have determined the addresses written in the article as their legal residence. The parties accept, declare and undertake that unless they notify the other party of any changes in these addresses through a notary public or by registered letter with return receipt requested, notifications to be made to these addresses shall be deemed to be valid, duly and properly made to them.
Article 10- VALIDITY OF ELECTRONIC RECORDS
Electronic correspondence records such as e-mails, instant messages and faxes made between the parties and by the officials of the parties are considered legally valid evidence and are accepted as conclusive and binding evidence in the context of procedural law.
Article 11- AUTHORIZED COURTS AND EXECUTION OFFICES
ISTANBUL Courts and Enforcement Offices are authorized to resolve any disputes that may arise from the implementation of this agreement. Consisting of 11 (eleven) articles and 4 (four) pages, this contract was issued in 2 (two) copies on 27/01/2023 and mutually signed by the parties to this contract.
