SERVICE AGREEMENT

 

1. SUBJECT OF THE AGREEMENT

The subject of the contract is that Prometech has all intellectual and industrial property rights; Arranging the mutual rights and obligations of the parties related to the use of software developed to meet the needs of customers, orders, offers, support etc. (hereinafter referred to as SOFTWARE in the contract) to CUSTOMER based on cloud computing technologies.

2. INTRODUCTION AND DURATION OF THE AGREEMENT

After the payment of the service fee agreed between the parties by Prometech, the contract comes into effect when the CUSTOMER starts using the relevant service. The contract is valid for the paid service period.

If the customer does not report that the contract will not be renewed 30 days before the end of the service period, the contract is automatically renewed for the same period. CUSTOMER accepts, declares and undertakes that the new price related to the self-renewed service period will be determined by Prometech.

3. NOTIFICATIONS

Prometech will use the e-mail address provided by the Customer for any notification. It is the responsibility of the Customer to ensure that this address is valid, that it belongs to an authorized person regarding the services received and kept up to date. The Customer accepts, declares and undertakes that Prometech will not be held responsible for any problems or delays that may occur due to problems and / or delays in Prometech’s e-mail notifications under any circumstances.

4. CUSTOMER’S RIGHTS AND OBLIGATIONS

The Client hereby considers that Prometech has granted the right to use the SOFTWARE as a simple license for use exclusively for the purposes of this contract only, that the data and source codes will be kept on the Prometech servers, without any prior consent of Prometech. accepts, declares and undertakes that it cannot and cannot save in any way, its access to and use of any cloud service it has ordered is limited to the powers granted to it by Prometech.

When starting to use the customer service, he / she will declare the information he gave in a complete and correct manner, and if there is any change in the information in question, he / she will transmit the current information to Prometech without any delay, he / she will be responsible for the damage / s that will occur in the point of giving information and / or not updating on time. It accepts and undertakes that it will constitute the reason for termination of the contract before Prometech.

The customer declares, accepts and undertakes that he / she will transmit both his own information and the information of his own customers to Prometech when necessary and that he / she will be responsible for any damages that may arise due to missing and / or misinformation.

The customer declares, accepts and undertakes to fully undertake the security of all transactions that he / she will use and benefit from the information, document, document and program of the services he purchases and that Prometech has no responsibility in this regard. Prometech is in no way responsible for attacks that may occur on Customer’s servers and the consequences of such attacks.

The customer is responsible for the security of the backups and data of his services. Prometech is not responsible for storing or retaining the Customer’s data on a regular basis when the services received by the Customer become inoperable or inoperable for any reason that may occur. The customer cannot claim any right or compensation in case of any damages arising out of or arising from this situation.

The Customer accepts and undertakes that Prometech has no responsibility and that all responsibility for the services he / she makes purchases in the event that the services he / she purchases on behalf of his / her customers causes any legal dispute or if it creates legal responsibility. Any recourse and / or request to Prometech in the event that the Customer does any damage to the third parties during the use of the service within the contract and any third parties who suffer damage and make a legal process against the Customer and / or initiate a legal process against the Customer. Not only is it possible to direct, but Customer is also responsible for all damages.

The customer cannot transfer the services under the contract to third parties and institutions without Prometech’s written consent, nor can he use the services he / she receives from unauthorized and illegal ways for activities determined as a facilitating element, also by third parties’ computers, user accounts and other networks. Contrary to this provision, Prometech may terminate the contract without any obligation to pay compensation under any name when a situation develops.

The customer may not use the service he / she received for gambling, obscenity, pornography, violence and similar criminal acts and / or against the legislation.

The Customer declares, accepts and undertakes that the country in which it provides services within the scope of the contract will not violate the Penal Code, Commercial Code and other relevant laws and regulations.

The Customer declares, accepts and undertakes that any software on the servers other than the software that Prometech personally allocates to it is licensed and that Prometech will compensate for any damages that may arise due to the use of unlicensed software by the Customer.

The customer may not engage in any advertising activities related to Prometech’s products, services and / or corporate identity without written permission, nor can he use Prometech’s brands, logos, emblems in any way, directly or indirectly, without written permission.

5. RIGHTS AND OBLIGATIONS OF REIN

Prometech will prepare the necessary infrastructure in order to benefit from the services purchased by the Customer on behalf of him and / or his customers.

In the event that Customer informs Prometech about the services to be commissioned, Prometech will provide the Client with a secure address and the necessary username and password to access this address. The security of the customer’s user account information is solely the responsibility of the Customer and Prometech is not responsible for unauthorized access. The customer is responsible for the transactions he / she makes with his / her own user account.

In terms of service continuity, Prometech is committed to 99% – ninety percent of service continuity. Prometech’s data in monitoring centers will be taken as a basis for measuring service continuity. The customer accepts, declares and undertakes that the documents other than these data are absolutely not evidence.

Prometech reserves the right to contract with a third party and / or organization for any of its obligations to fulfill its contractual commitments.

Prometech will provide technical support to the Customer within the scope of the service it receives by e-mail or telephone between 09:00 and 18:00 every day of the week, excluding public holidays. No action will be taken outside the technical support hours and support requests will be delayed until a later time. Customer accepts, declares and undertakes that Prometech is not obliged to provide technical support to Customer’s customers.

Prometech is committed to eliminating hardware and software problems that may occur in physical machines in its environment and arising from its own defect.

Prometech will not be held responsible in case it cannot fulfill its commitments, which are the subject matter of the contract, due to technical problems that may occur in the internet infrastructure and technical problems that may occur outside of Prometech’s control. However, from the end of the technical failures arising from third parties that caused the service to be disrupted and not performed on time, the missing and timely services and commitments will be fulfilled by Prometech as soon as they can still be performed.

Prometech will make the submissions regarding the received service by e-mail, and Prometech will not have any responsibility for the contents of the e-mail, the e-mails will not be guaranteed to reach the Customer, Prometech does not have any responsibility for the failure, Customer acceptance, declaration and commitment. would.

Prometech may make changes or restrictions on the modules and features offered by the Customer. In such a case, the Customer cannot make a refund or similar requests.

6. CHARGING AND PAYMENT

The customer will make any payment of the service he receives through his own virtual pos accounts with the panel provided by Prometech’s infrastructure. In addition, Customer agrees in advance that Prometech cannot be held responsible for any disruptions in service payments made.

At the beginning of the service, the customer undertakes to register the valid credit card, which he / she has the authority to use, over the internet. The customer is responsible for the up-to-date credit card information he notifies Prometech for the collection, during the term of the contract. If the credit card expiration date changes, the customer will notify the current information to Prometech. In addition, the Customer declares that the records in Prometech’s databases will be taken as basis for payment and invoice transactions for the next periods. Prometech will also suffer in case of a situation such as the amount that Prometech will have to repay as a result of the charge-back objections to be made by the original card holders due to the improper use of someone else’s credit card information, and the bank’s closure of virtual mail due to these actions, and the bank’s closure of virtual mail due to these actions. In the first request of Prometech, the Client will pay the loss of loss and all losses in cash and in advance, without the need for any notice or warning or the provision of judgment from the courts.

The customer is required to pay the fee arising from the usage service content, the fee arising from any use exceeding their authorization, the late payment fee, as well as all customs duties, duties, taxes, withholding, pictures and / or other charges imposed by any authority due to the purchase or use of the service. accepts.

Following the establishment of the necessary technical infrastructure at the point of service delivery, if the delivery of the service is delayed for a reason caused by the Customer, normal service usage fees will be accrued for this period. It is the responsibility of the Customer to resolve any problems that are not caused by Prometech and that may occur within the Customer’s own structure and Prometech has no responsibility in this regard.

At the end of each monthly / six-month / twelve-month period, Prometech will notify the Customer that he / she has to pay the bill by e-mail 5 days before the end of the service period and will automatically charge the payments from the credit card. The customer accepts, declares and undertakes that he has authorized Prometech for automatic collection from his credit card. Unless it is terminated by the Customer in accordance with the contract, the contract price will continue to be collected from the credit card and any claims that the service is not used and similar claims will not be taken into consideration. If the service fee is not paid by the deadline, Prometech may stop the service partially or completely. In this case, the Client accepts, declares and undertakes that he will not be able to claim compensation or payment from Prometech under any name.

If Prometech cannot deliver the invoice to the Customer for any reason, or if the Customer cannot see or read this invoice in any way, it is not the responsibility of Prometech. The customer accepts and undertakes that he is obliged to follow the billing days and cannot claim any right or compensation from Prometech on the grounds that he has not been notified.

Prometech notifies the service charges to the Customer as stated in the notification article. Prometech can change pricing unilaterally. Any future changes in service fees will be notified to the Client in the same way or ways. If the Customer continues to benefit from the service, it means that he has agreed to pay the current contractual terms and the current fee schedule. Otherwise, the Customer must report.

Prometech will notify the Customer of the renewal period by email prior to the renewal period. In order for the membership of the customer to continue, Prometech should not have any debt, and the Customer accepts, declares and undertakes that Prometech does not need to follow up the unpaid amounts and notify separately to make them expire.

Prometech is not responsible for any loss of data or any other loss during this period when the related service is stopped regarding the non-payment of the service fee. The customer cannot claim any right and / or compensation from Prometech in this regard.

7. PRIVACY AND DATA PROTECTION

Due to the commercial relationship it establishes with Prometech within the scope of this contract, the customer is not limited to the information given / transmitted to him, especially the product, service prices and customer information, and all the information he learned about Prometech in both written and electronic media, and the financial provisions in the contract, confidential information and accept and undertake that it will be considered as a trade secret, will not disclose this information for any reason, and / or will not share it with third parties, in case it acts against this article, it will pay five times the penalty of the annual service fee and that Prometech will cover all the damages it will suffer for this reason. would.

Prometech undertakes that the Customer learned under the contract will protect its commercial and technological secrets as confidential information, and will not regularly disclose and / or share with third parties unless it is mandatory to disclose a court order, administrative order and / or legislation in force. would.

Both parties will use confidential information only for the purpose for which it was provided, and limited for this purpose. For any reason, partially or wholly, natural and / or legal person will not present and / or disclose any confidential information to third parties without written consent of the relevant party. Both parties will only be able to provide confidential information to their personnel who need to learn confidential information as required and by business, and to third parties cooperated under this contract and will take all necessary measures to protect confidential information by warning their staff and third parties at the point where the information is confidential.

Prometech may share the information, documents, documents etc. it contains within the scope of the Customer’s services with third parties or institutions in cases where it is obligatory to explain in accordance with a court decision, administrative order and / or legislation in force. When Prometech encounters such a situation, it may observe or analyze the information of the Client without notification and also share this information with third parties or institutions. The customer cannot claim a right and / or compensation in such cases.

Prometech will return or destroy the content owned by the Customer within 45 days from the expiration date, including any personal data, if the contract expires or is canceled or the Customer requests before the contract ends. Prometech reserves the right to charge fees for certain activities, such as the delivery of content in a certain format.

8. TERMINATION OF THE AGREEMENT

Prometech may terminate the contract without giving any reason, by giving the Customer 15 written days prior notice.

In the event that the necessary payments are not received from the Customer or if it is received late, Prometech may terminate the contract and do not refund the service fees previously paid by the Customer.

In the event that Customer violates any provision in this contract, Prometech may terminate the service or terminate the contract without informing the Customer. In this case, Prometech does not refund the service fees previously paid by the Customer.

The customer can terminate the contract by submitting an application to Prometech, provided that 15 business days are notified. In this case, Prometech will not renew for the period following the usage period of the Customer. However, in this case, the Customer cannot request a refund for the service period from which he will not receive service from Prometech. At the end of the Agreement, Customer’s debts to Prometech will be collected from the credit card account on the termination date.

Prometech is not bound by any time or form condition in case the Customer declares bankruptcy or concordat or is incapable of paying his debts, if the service received is found to be misused by any form and / or method, or if there are signs of misuse or similar reasons. may terminate the contract unilaterally and without compensation immediately. In case of termination of the contract by Prometech, the customer’s user account can be frozen without any notification or the service provided under this contract can be stopped by partially or completely closed.

Prometech may unilaterally terminate, amend or renew the contract in line with the new obligations required by the institutions it provides services to.

Should the contract terminate for any reason, the Client accepts, declares and undertakes that his information will be kept by Prometech for 45 days after the termination of the contract, and that this information and data will be destroyed after that time and therefore there will be no request against Prometech.

9. OTHER PROVISIONS

Except as otherwise stated in the contract, Prometech’s records will be final and valid evidence in case of a crime in relation to all transactions to be made by the Customer.

Commercial Courts and Enforcement Offices in the country are authorized to resolve any dispute arising from the contract. The law is applied regardless of the rules of conflict.

 In case of force majeure or unexpected situations, Prometech will not have any responsibility in cases such as Prometech not providing the service at all or delayed or incomplete, Prometech’s right to demand and collect the accrued period receivables in case of force majeure or unexpected condition lasts more than 30 days. provided that the contract is automatically terminated.