SERDOO CONTRACT FOR USE
This Contract stipulates the conditions for sales and use of Serdoo to be supplied to the Client. The Customer and Etiya Bilgi Teknolojileri Yazılım Sanayi ve Ticaret A.Ş agreed entirely upon the undermentioned conditions.
1. PARTIES
Etiya Bilgi Teknolojileri Yazılım Sanayi ve Ticaret A.Ş. which is the registered trade name holder and the sole authority of Serdoo shall be hereinafter referred to in brief as Etiya.
Customer: The agent approved this Contract by starting to use services of Serdoo.
2. EFFECTIVE DATE AND TERM OF THE CONTRACT
The Contract shall take effect as the Customer starts to use services of Serdoo following to enter its details in the main page into the system. The Contract is valid for the paid-up service period and shall be renewed on the expiry of the term for the service period to be paid.
3. NOTICES
3.1: Etiya shall use the e-mail address notified by the Customer for any and all notices to be served to the Customer during the term including the renewal period of service. The Customer shall be responsible for this address so as to it is maintained valid, belonged to the person concerned with the services supplied and kept up-to-date. As the Customer has acknowledged the renewal periods of service; the Customer agrees that it shall not hold Etiya responsible for any disruptions in its services due to any problems and/or delays that may occur under any circumstances whatsoever in e-mail notifications sent to it by Etiya regarding to the renewal processes.
3.2: The Customer acknowledges that the information provided by it to Etiya during application and/or after beginning to use the services shall be accurate and updated. The Customer accepts in advance that it shall not claim any damages from Etiya due to any disruptions and losses arisen from any incorrect, incomplete or non-updated information provided by the Customer to Etiya.
4. SERVICES TO BE SUPPLIED BY SERDOO
4.1: Serdoo shall perform installation in its own system of the services notified by the Customer during the application, bring the Customer's services into use and notify the Customer of the same following to collecting the relevant charges in advance by credit card. Liabilities of the parties with respect to putting the service into use are set out in article 5.4.
4.2: The information entered and loaded into Serdoo by the Customer shall not be shared with or sold to the third persons for commercial or any other purposes. Serdoo reserves its right to cite only the title and the executive of the customer in the website of Serdoo as the user reference.
5. CHARGES AND PAYMENT
5.1: The Customer accepts in advance to effect payment through the control panel provided to it over Internet of any and all services it supplied from Serdoo in the end of 30 days as from the beginning of service of Serdoo, and it shall not hold Etiya liable for any disruptions experienced due to payments effected in any way different from that.
5.2: The Customer accepts to pay the usage fees for Serdoo services and respective taxes (subject to the contents of the service used). The fees shall be collected in advance in the beginning of each period of service and the service invoice shall be issued at the end of following current year and sent by post to the address notified by the Customer.
5.3: Etiya notifies the service fees to the Customer through the website or by e-mail. Etiya reserves its right to regulate any and all service pricing. Any changes in the service fees which may incur in the future shall be notified to the Customer through Serdoo website and/or by e-mail. Continuation to use the services of Serdoo by the Customer indicates that it accepts the current terms of the Contract and to effect payments as per the applicable fee tariff.
5.4: In case of purchasing of any and all services from Serdoo by the Customer or in renewal of the service period, the payment shall be collected in advance and the invoice shall be issued subsequently. The Customer accepts that Etiya shall not be held liable for any problems and/or delays experienced due to failure in collecting the fees from the credit card registered with Serdoo system.
THE CUSTOMER ACCEPTS IN ADVANCE THAT DURING SUPPLY OF THE SERVICE, THE SERVICE FEE SHALL BE COLLECTED AUTOMATICALLY IN THE RENEWAL PERIOD FROM THE CREDIT CARD REGISTERED BY IT WITH THE SYSTEM AND NO REFUND SHALL BE MADE DURING SUPPLY OF THE SERVICE.
THE CUSTOMER SHALL BE RESPONSIBLE FOR UPDATING OF THE CREDIT CARD DETAILS WHICH IT NOTIFIED TO ETİYA FOR COLLECTING THE FEES DURING THE EFFECTIVE TERM OF THE CONTRACT. ETİYA DECLINES ANY LIABILITY FOR SUSPENSION OF THE SERVICES IN CASE OF ANY FAILURE IN COLLECTING MONEY FROM THE CREDIT CARD ACCOUNT OF THE CUSTOMER. THE CUSTOMER ACCEPTS IN ADVANCE NOT TO CLAIM ANY DAMAGES FROM ETİYA DUE TO THE INTERRUPTIONS IN THE SERVICE EXPERIENCED BY IT BECAUSE OF ITS FAILURE IN TIMELY PAYMENT.
6. CUSTOMER'S RIGHT TO TERMINATE
6.1: The Customer may terminate this Contract by closing (deleting) the account. In this case, Etiya shall not allow the Customer to make any transaction in its account with Serdoo after the Customer closed its account. However, in this case the Customer shall not claim any refund for the service period in the remaining days of the month during which the Customer shall not supply the service from Serdoo. Any payables of the Customer to Etiya shall be collected from the credit card account on the expiry date of the Contract.
6.2: The Customer shall be responsible for keeping the credit card details that it notified to Etiya for collecting the fees up-to-date during the effective period of the Contract. The customer shall inform Etiya in case the expiry date of the credit card is changed.
6.3: Etiya shall not be liable to provide the Customer with the recorded details of the Customer in case the account is cancelled or closed. The Customer shall be responsible for taking backup of its own details.
7. LIMITED LIABILITY OF ETİYA
ETİYA SHALL MAKE EVERY ENDEAVOR TO SUSTAIN THE CONTINUITY OF THE SERVICES SUPPLIED TO THE CUSTOMER. HOWEVER, ETİYA DOES NOT GUARANTEE THE RELIABILITY LEVEL OF THE SERVICES AND THAT THE SERVICES SHALL SATISFY THE NEEDS OF THE CUSTOMER IN FULL, THAT THE SERVICES SHALL BE UNINTERRUPTED AND FAULTLESS. LIABILITY OF ETİYA IN ANY DIRECT AND/OR CONSEQUENTIAL LOSSES OF THE CUSTOMER THAT MAY INCUR FROM USE AND/OR NON-AVAILABILITY FOR USE OF ANY SERVICE SUPPLIED IN THE SCOPE OF THIS CONTRACT SHALL BE MAXIMUM UP TO THE PRICE OF ONE-MONTH SERVICE SUPPLIED.
8. APPLICABILITY OF THE RECORDS OF ETİYA
Except as otherwise specified, the records of Etiya shall apply for all transactions performed by the Customer.
9. TRANSFER OF THE CUSTOMER'S RIGHTS
The Customer shall not transfer its services in the scope of this Contract to any third person and corporation without written consent of Etiya. In case such a transfer operation is carried out, Etiya may terminate the Contract any time without any refund.
10. TERMINATION RIGHT OF ETİYA
10.1: Etiya may terminate this Contract on 30-day notice served to the Customer by e-mail without any justification. In that case, fees related to the services prepaid to Etiya but unused by the Customer shall be refunded to the Customer. In case the Customer breaches the terms set out in this Contract or Etiya Terms of Use the Service, Etiya may suspend the services supplied to the Customer without giving notice and terminate the Contract. In that case, fees prepaid by the Customer shall not be refunded. In case the Customer fails to effect the due payments, Etiya may terminate the Contract. In that case, fees prepaid by the Customer shall not be refunded.
10.2: In case the account is cancelled or closed, Etiya shall not be liable to provide the Customer with the recorded details of the Customer. The Customer shall be responsible for taking the backup of its own details.
11. ACCEPTANCE OF TERMS OF USE THE SERVICES
The Customer accepts the current terms of use of Serdoo services by approving this Contract. The applicable version of terms of use of Serdoo services are published on the website of Serdoo.
12. VALIDITY OF THE CONTRACT
Any amendments to be adopted in the course of time in this Contract approved by the Customer at its application shall be notified to the Customer through publishing on the website of Serdoo and/or by e-mail. The Customer shall be deemed to have accepted the current terms of the Contract by carrying on using Serdoo services.
13. DISPUTE SETTLEMENT
Istanbul (Central) Commercial Courts of First Instance and Istanbul Execution Offices shall have the competent jurisdiction in settlement of any and all disputes to be arisen from this Contract.