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Article 1: Parties and Definitions
This contract, signed between ERENLER TECHNOLOGY TOURISM TRADE LIMITED COMPANY, whose commercial headquarters is located at Adnan Kahveci Mh. Mimarsinan Cd. Yeşiller Apt. No:11 Inner Door No:8 Beylikdüzü-ISTANBUL, referred to as "ERENLER TECHNOLOGY," and .................................................................................................................................................., located at ................................................................................................................... (hereinafter referred to as the "CUSTOMER"), on the date of ....................., is hereby established. The domain name of the website subject to the contract is ...............................................................’dur.
Article 2: Subject of the Contract
This contract covers the preparation of internet site software that CUSTOMER needs to carry out communication, promotion, advertising, and similar services.
Article 3: ERENLER TECHNOLOGY's Responsibilities
ERENLER TECHNOLOGY is responsible for setting up the software (website) needed by CUSTOMER for promotion, advertising, and information retrieval in a way that CUSTOMER can use it and making it ready for publication on the internet.
ERENLER TECHNOLOGY declares that it will make necessary adjustments and additions to the system within the shortest time determined by ERENLER TECHNOLOGY after completing the necessary work for simple changes or retouches (corrections that do not require a complete design and code/block/div change) in the existing sections of the design prepared for the CUSTOMER. No additional fee will be charged for these corrections.
Article 4: Customer's Responsibilities
CUSTOMER is responsible for providing the server (server/hosting) system where web-based software will be installed and the hardware/software requirements necessary for the system to function.
CUSTOMER must provide or have provided the necessary images and written documents required during the design and arrangement of the website, send the images in computer format or in high quality to ERENLER TECHNOLOGY. ERENLER TECHNOLOGY cannot be held responsible for any delays due to CUSTOMER's failure to provide the required documents on time.
CUSTOMER is responsible for creating the site content and adding information to the site if there is an administrator panel or management program for the website.
CUSTOMER acknowledges and declares that the copyright of the special software techniques used in the software produced by ERENLER TECHNOLOGY belongs to ERENLER TECHNOLOGY and that these software shall not be reproduced or distributed in any way.
CUSTOMER acknowledges and declares that all ideas, thoughts, expressions, comments, and writings expressed are their own, and ERENLER TECHNOLOGY is in no way responsible.
CUSTOMER is responsible for the security of all backups and data. In case of data loss for any reason, ERENLER TECHNOLOGY will not be liable. CUSTOMER cannot make any claims for rights or compensation from ERENLER TECHNOLOGY due to damages that may arise from this situation.
CUSTOMER is responsible for reporting any software errors and issues that may arise in the services.
CUSTOMER agrees that if the website subject to the contract is moved to a different domain name other than the domain name, ERENLER TECHNOLOGY will be notified, and a new contract will be made for the new domain name. CUSTOMER agrees to notify ERENLER TECHNOLOGY in case of moving the website subject to the contract to a domain name other than the domain name, and this will be considered a violation of ERENLER TECHNOLOGY's copyright.
Article 5: Privacy and Security
ERENLER TECHNOLOGY supports and assists CUSTOMER based on mutual trust. CUSTOMER also supports and assists ERENLER TECHNOLOGY materially and morally in actions that will be beneficial.
Both ERENLER TECHNOLOGY and CUSTOMER should respect each other's privacy rules. All information that is not obligatory to share with third parties and is already not accessible to other individuals shall be deemed confidential and shall not be shared with other individuals.
ERENLER TECHNOLOGY declares and undertakes not to share or allow third parties and organizations to use FTP, Database, and Management Control Panel passwords, as well as customer information and private information registered in the website content and database. ERENLER TECHNOLOGY is not responsible for any damages that may arise if the passwords fall into the hands of third parties due to the intent, negligence, or fault of CUSTOMER's employees.
Article 6: Validity of Electronic Records
Electronic correspondence and approval records such as e-mail, instant messaging, and faxes made between the parties and their authorized representatives shall be deemed valid evidence in terms of law, and they shall be accepted as definite and binding evidence in terms of procedural law.
Article 7: Notifications
For all kinds of notifications to be made regarding the implementation of this contract, the parties have determined their addresses as their legal residences. The parties accept, declare, and undertake that if they do not notify any changes in these addresses to the other party through a notary or registered letter, the notifications made to these addresses will be valid, in accordance with the procedures.
Article 8: Pricing and Payment
The fee to be paid for the preparation of the website has been pre-determined as .............................. TL (including VAT). CUSTOMER accepts, declares, and undertakes to pay half of the service fee in advance at the beginning of the job, and the remaining half will be paid to ERENLER TECHNOLOGY upon completion of the work, subject to invoicing. CUSTOMER agrees that the fee to be paid upon completion of the job will be paid to ERENLER TECHNOLOGY within one week at the latest from the date of the invoice after the website is delivered in a ready state and necessary checks are completed. In case of delay, additional pricing will be applied to the remaining payment. When determining the price increase, the CPI (Consumer Price Index) inflation rate will be taken as a basis.
If half of the service fee is not paid in advance, the work will not be started. In case of non-payment of the payments, ERENLER TECHNOLOGY has the right to postpone, stop, or terminate the promised service.
When CUSTOMER requests to change the entire design or software being worked on during the construction stage, CUSTOMER agrees to pay a difference of up to 35% of the contract amount for changes in certain parts, as well as up to 15% for changes in certain sections. Changing as a whole means changing at least 50% of the existing design. Changing certain parts means that a request or code snippet changes by less than 50%.
Article 9: Completion and Cancellation of the Job
If, for reasons beyond CUSTOMER's control, the work cannot be completed for any reason other than CUSTOMER, ERENLER TECHNOLOGY is obliged to refund all fees received. Natural disasters (earthquakes, floods, etc.), illness, death, and other events not caused by both parties will not be considered as reasons beyond CUSTOMER's control.
When all software and design products/works prepared for CUSTOMER (including the website, website draft, approved website draft, corporate documents, logo, business cards, and other printed documents, mock-up presentations, etc.) are delivered to the CUSTOMER digitally or by email after the contract, ERENLER TECHNOLOGY will not refund the 50% advance payment received at the beginning of the job, even if the work is not 100% completed / delivered.
If the job is abandoned by CUSTOMER for any reason not caused by ERENLER TECHNOLOGY when the job is 70% or more completed, CUSTOMER accepts, declares, and undertakes to pay the entire agreed fee to ERENLER TECHNOLOGY. If CUSTOMER cancels the contract when the job is completed less than 70%, CUSTOMER pays ERENLER TECHNOLOGY for the completed work rate. 70% completion of the job means that the main outlines of the job have been completed, and the remaining 30% is considered work that has not been completed yet.
Article 10: Warranty and Support Scope
The WARRANTY PERIOD will start from the date when the website is published in working condition after completing all kinds of tests to ensure that the website performs any kind of function requested by the CUSTOMER, and it will be a total of 1 year.
ERENLER TECHNOLOGY is responsible for correcting software errors (bugs) that may occur in the services it provides to CUSTOMER. No additional fee will be charged for these corrections, and this article is valid for 1 year.
CUSTOMER will be instructed on the use of the management panel in detail once without additional charge (defining products, categories, logos, settings, etc.).
In the meticulously developed and error-free website to be created by ERENLER TECHNOLOGY, no additional fee will be charged for correcting software or design errors that may occur within the 1-year warranty period or for intervening and making the site operational in case the site does not work.
ERENLER TECHNOLOGY supports and assists CUSTOMER based on mutual trust. CUSTOMER also supports and assists ERENLER TECHNOLOGY materially and morally in actions that will be beneficial.
If CUSTOMER requests more comprehensive support and development services after the completion of the work, these services will be provided to the CUSTOMER for an additional fee determined by ERENLER TECHNOLOGY, and this fee will be paid in advance to ERENLER TECHNOLOGY. The amount of this fee determines the scope of the support service to be received.
Hosting/server and domain services are not included in the support scope and are procured by CUSTOMER. However, within the scope of support services, CUSTOMER may request ERENLER TECHNOLOGY to find a suitable server/hosting service. In the support service (finding a suitable server/hosting service), if ERENLER TECHNOLOGY has an intermediary server/hosting service, and when it is understood that the server capacity is insufficient due to an increase in website traffic, CUSTOMER will request an increase in capacity, and CUSTOMER agrees to cover the necessary expenses. CUSTOMER acknowledges that if support or maintenance services are requested from an outside firm other than ERENLER TECHNOLOGY, ERENLER TECHNOLOGY has the right to unilaterally suspend the support service, and no refund will be made for the service payment.
CUSTOMER agrees to pay an additional fee to ERENLER TECHNOLOGY for code snippets that take longer than 5 business days to develop, regardless of the scope of the support service they have received.
CUSTOMER can unilaterally stop receiving support if there is no payment for support services, and the same applies to ERENLER TECHNOLOGY.
In cases requiring expertise, ERENLER TECHNOLOGY is not responsible for decisions taken without taking into account ERENLER TECHNOLOGY's recommendations and services. If ERENLER TECHNOLOGY suffers damage, CUSTOMER is responsible for covering the damages.
Article 11: Customer Requests
Customer requests are detailed in an additional page.
Article 12: Authorized Courts and Enforcement Offices
For the resolution of any disputes arising from the implementation of this contract, Istanbul Courts and Enforcement Offices are authorized.
This contract consisting of ........ ( ) articles and ........ ( ) pages was prepared on ........ ( ) in 2 (Two) copies, read, and signed."
Please note that this translation is provided for informational purposes, and for any legal matters or official use, it's advisable to consult a professional translator or legal expert.