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Service and Usage Agreement

HomepageService and Usage Agreement

This Agreement includes the sale to the BUYER of the products and services specified on the website that the BUYER wants to purchase by placing an order on the SELLER's mediado.com electronic commerce website ("WEBSITE"), including the cases where the BUYER makes transactions with the application on his mobile device. It regulates the rights and obligations of the parties regarding delivery and other matters. After the BUYER approves this Agreement on Medyado.com, the price and expenses of the Service (s) he ordered will be collected via the payment method he chose.

ARTICLE 1 – PARTIES

SALES PERSON

Title: MEDYADO DIGITAL MARKETING AND SOFTWARE SERVICES

Address: Şirinevler, Nil Sok. no:25, 34188 Bahçelievler/Istanbul

Website address: www.medyado.com

E-mail: destek@medyado.com

Phone: 0530 252 67 33

Hereinafter referred to as "SELLER".

 

BUYER

Name, Surname/Title:
Address:
Telephone:
Email:
Hereinafter referred to as "BUYER".

 

ARTICLE 2 – SUBJECT OF THE CONTRACT

The subject of this contract is the Law on the Protection of Consumers No. 4077 and the Distance Transfer Law No. 4077 regarding the sale and delivery of the goods/services that the BUYER orders electronically from the SELLER's website Medyado.com, with the sales price mentioned in the contract and stated on the Medyado.com website. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Contracts Implementation Principles and Procedures. BUYER, basic characteristics of the goods/services subject to sale, sales price, payment method, delivery conditions, etc. He accepts and declares that he is aware of all preliminary information regarding the goods/services subject to sale and the right of "withdrawal", that he confirms this preliminary information electronically and then orders the goods/services, in accordance with the provisions of this contract.

 

ARTICLE 3 – GENERAL PROVISIONS

3.1. The services subject to this contract; It refers to all kinds of sales and commercial activities carried out by the SELLER through the digital products offered on the website Medyado.com.

3.2. BUYER can use credit card or other payment methods for the goods/services purchased.

3.3. BUYER accepts, declares and undertakes that he/she consents to the GSM number information given by him/her during the purchase of the package by credit card or mobile payment to be recorded in the SELLER's database for automatic renewal.

3.4. BUYER declares that he/she is informed about the qualities of the services on the Medyado.com website, the sales price and payment method, and all preliminary information regarding delivery, and that he/she has given the necessary confirmation electronically. Service packages purchased by the BUYER will automatically become active as soon as the BUYER approves the transaction.

3.5. Delivery; It is made on the specified delivery dates after the customer approves the sale and the credit card is charged. The seller delivers the goods/services within 30 (thirty) business days from the order of the goods/services and reserves the right to extend the period for an additional 10 (ten) days with written notification within this period. If the price of goods/services is not paid for any reason or is canceled in bank records, the seller is deemed to be free from the obligation to deliver the goods/services.

3.6. The BUYER is responsible for carefully protecting the goods/services after delivery. There is no right of return or cancellation on orders placed. After the delivery of the goods/service, if the relevant bank or financial institution does not pay the price of the goods/service to the seller due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER will receive the goods/service provided that it has been delivered to him/her. It is obliged to send it to the seller within 3 (three) days.

3.7. The seller is responsible for the delivery of the goods/services subject to the contract in a sound, complete and in accordance with the qualifications specified in the order. The seller returns the price of the goods/services within 10 (ten) days after receiving the declaration of withdrawal. The goods/services are returned within 20 (twenty) days.

3.8. The type and type of the goods/service and the sales price, including all taxes, are stated both in this contract and in the conversation with the support unit, which is considered an integral part of this contract, and/or in the preliminary information text message and/or in the link and/or in the link www.medyado. It is as stated in the information on the goods/service promotion page on the website called com.com.

3.9. If the BUYER makes purchases by credit card and in installments, the installment method he/she chooses is valid. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. BUYER can also follow the number of installments and payments from the account statement sent by the bank.

3.10. If the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; expenses and attorney fees that may arise

The BUYER may request the price from the BUYER and in any case, in case of default due to the BUYER's debt, the BUYER agrees to pay the seller's losses and damages arising from the delayed performance of the debt.

3.11. BUYER accepts, declares and consents to receive all kinds of advertisements, promotions and informational electronic messages regarding all kinds of campaigns that he has made and/or will carry out in the future by the SELLER, who is the party to this contract.

3.12. SELLER fulfills the goods or services subject to the order; In cases where it becomes impossible due to force majeure or extraordinary circumstances such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, and if it is understood that the goods or services subject to the contract cannot be supplied for a justified reason, it cannot deliver the goods or services subject to the contract within the time limit, is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the goods or services subject to the contract with a comparable one, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the amount paid will be refunded to him in the same manner. For payments made by the BUYER by credit card, the amount of goods or services will be returned to the relevant bank after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER understands that it will not be possible for the SELLER to intervene in any way for possible delays and that the amount returned to the credit card by the SELLER will be reflected by the bank to the BUYER's account on average between 2 and 2 months from the date of return. He already accepts that it may take up to 3 weeks.

3.13. SEO work involves a number of complex elements, as well as backlinks, which are an important factor to increase the visibility of the website. However, SEO success is not based solely on backlinks. In addition, the contents of the site, competition level, social media interaction, site speed, site software, internal SEO and many other factors can also affect the results. Therefore, backlink packages alone do not guarantee a rise.

3.14. BUYER allows its own logo to be used as a reference on the Service Provider's website, social media accounts, marketing materials and similar materials.

ARTICLE 4 - CUSTOMER'S OBLIGATIONS

4.1  The CUSTOMER is obliged to supply the necessary image and text-based documents for the editing and design of web-based software. Medyado cannot be held responsible for any delays caused by the CUSTOMER not providing the necessary documents on time.

4.2  In database-based systems (WP, PHP, ASP), text and image entries will be made by the customer.

4.3. CUSTOMER accepts and declares that the copyright of the special software techniques used in the software offered for sale by MEDYADO belongs to the PRODUCER, that these software will not be reproduced or distributed in any way, and that the phrase "MEDYADO" will appear at the bottom of the site.

4.4 CUSTOMER accepts and declares that all ideas, thoughts, expressions, comments and writings expressed by him/her are his/her own and that Medyado is not responsible in any way.

4.5 CUSTOMER will be able to receive his/her website passwords at any time. MEDYADO cannot be held responsible for any third party's possession of these passwords after the passwords are delivered and any problems that may arise as a result. MEDYADO cannot be held responsible for errors caused by users in the database or data loss and other problems resulting from hacking attempts.

4.6 CUSTOMER; (custom software) accepts that he will pay a difference of 50% of the contract amount when he requests to change the design of the site for which design approval has been given and coding has been done.

4.7 CUSTOMER; After the site goes live, it is responsible for making the updates itself.

Article 5 - MEDYADO DIGITAL AGENCY OBLIGATIONS

5.1 MEDYADO is obliged to prepare the software (web design) needed by the CUSTOMER for promotion and advertising and to publish it during the validity of the contract.

5.2 MEDYADO is obliged to correct any errors or problems that may occur regarding the services provided to the CUSTOMER within 24 hours. Corrections in database codes and animations will be made within 7 days. No fee will be charged for corrections caused by errors.

5.3 MEDYADO declares that for the additional services subsequently requested by the CUSTOMER (corrections and page additions requiring changes in design and database codes), it will integrate the necessary arrangements and additions into the system for an additional fee within the shortest time it determines after the necessary study is completed.

5.4 MEDYADO will deliver all software and files upon request of the CUSTOMER (if there is no outstanding balance).

5.5 MEDYADO will deliver all passwords if requested by the CUSTOMER.

5.6 MEDYADO will not be liable for any site crashes or malfunctions due to any problems.

If it is deemed appropriate, it will republish the website in its original format and will not charge any fee for this.

ARTICLE 6 – RIGHT OF WITHDRAWAL

6.1. As MEDYADO, it is based on the fact that there is any problem, error or problem caused by MEDYADO and it cannot be resolved. Apart from these, no refund will be possible.

6.2. BUYER; By confirming this contract electronically, before the conclusion of distance contracts, the address that must be given to the consumer by the Seller, the basic features of the ordered goods/services, the price of the goods/services including taxes, payment and delivery information and the information regarding the right of withdrawal are accurate and complete. It confirms that you have received it.

(All taxes are included for goods and services purchased within Turkey. For orders placed abroad from Turkey, all kinds of customs fees, VAT and similar charges arising from country customs, tax or bank practices are not included.)

6.3. For the delivery of the goods or services subject to the contract, the price of the goods or services must be paid by the payment method preferred by the BUYER. If the price of goods or services is not paid for any reason or is canceled in bank records, the SELLER is deemed to be free from the obligation to deliver goods or services.

ARTICLE 7 – RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY

At www.medyado.com, the privacy rules-policy and conditions, the current principles of which are stated below, apply to the protection, confidentiality, processing-use, communications and other matters of information.

7.1. Necessary precautions for the security of the information and transactions entered by the BUYER on Medyado.com have been taken within the system infrastructure of the SELLER, within today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons.

7.2. In addition to reflecting and confirming the permissions-approvals regarding personal data and commercial electronic communications given by the BUYER in other ways; Provision of various products/services by the SELLER, the current and future subsidiaries, affiliates, partners, successors of MEDYADO DIGITAL MARKETING AND SOFTWARE SERVICES, including the BUYER, and/or third parties/organizations to be determined by them, using the information obtained during the BUYER's membership and shopping at Medyado.com. and for electronic and other commercial-social communications to be made for the purposes of all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, they can be recorded and printed indefinitely or for a period to be determined by the mentioned ones and their successors. / can be stored in magnetic archives, updated when deemed necessary, shared, transferred, transferred, used and processed in other ways. These data may also be forwarded to the relevant Authorities and Courts when required by law. BUYER consents and allows the use, sharing, processing of his current and new personal and non-personal information, in accordance with the legislation on the protection of personal data and electronic commerce legislation, within the scope above, and to make commercial and non-commercial electronic communications and other communications.

7.3. BUYER can always stop data usage-processing and/or communications by reaching the SELLER through the specified communication channels or by using the right of rejection in electronic communications sent to him. According to the BUYER's clear notification on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, correction of it if it is incomplete or inaccurate, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by analyzing it with automatic systems, objection to the emergence of a result against him, the data being contrary to the law. You can always contact the SELLER through the above communication channels and get information on issues such as compensation in case of loss due to processing. Applications and requests regarding these matters will be fulfilled within the legal maximum periods or may not be accepted after the legal justification is explained to the party.

7.4. Regarding all kinds of information and content belonging to www.medyado.com and their arrangement, revision and partial/full use; According to the SELLER's agreement, except for those belonging to other third parties; All intellectual-industrial rights and property rights belong to the SELLER and the Producer.

7.5. SELLER may deem necessary regarding the above issues.

reserves the right to make any changes; These changes become valid as soon as they are announced by the SELLER on www.medyado.com or other appropriate methods.

7.6. Other sites accessible from www.medyado.com have their own privacy-security policies and terms of use. The SELLER is not responsible for any disputes that may arise and their negative consequences.

7.7. If it is understood that the SELLER cannot supply the goods or services subject to the contract, it shall purchase another good/service of equal quality and price, provided that it clearly informs the BUYER in accordance with the law within three (3) days from the date of learning of this situation and obtains its verbal/written approval. may supply the service and will thus be deemed to have fulfilled its commitment regarding the Contract. The BUYER is free in all respects to give or not give the approval in question, and in cases where he does not give approval, the contractual-legal provisions regarding order cancellation (Termination of the Agreement) shall apply.

 

ARTICLE 8 – COMPETENT COURT

8.1. Istanbul Courts and Istanbul Enforcement Offices are authorized to resolve any incompatibilities that may arise in this agreement.


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