Website Subscription Agreement
1 - Parties
Title: Fikrinevi Reklam Ajansı A.Ş.
Address: Çeliktepe Mah. İsmet İnönü Cad. Bulut İş Merkezi No. 8 / 411 Kağıthane/ İstanbul
Telephone: +90 212 909 89 90
Email: destek@fikrinevi.com
Fikrinevi Advertising Agency Inc. whose information is above. will hereinafter be referred to as “Fikrinevi” in the contract. On the other hand, the person who becomes a member of the Fikirvi.com site (hereinafter referred to as “customer”.) The address and contact information used when becoming a member or placing an order are essential.
2 - Subject
Fikrinevi offers website services to its customers on an indefinite monthly subscription basis. The customer starts the subscription by choosing the subscription package that suits him/her. The Subscription in question includes 1 website, 5 GB Hosting, 10 E-mails, 1 GB Mailbox, SSL Certificate and unlimited support service during the subscription period. The customer can specify the website he wants by sending the design he wants to Fikrinevi.
3 - Obligations of the Parties
3.1: The customer transmits information about his business and the services he offers to Fikrinevi. This information is used to enter content on the website.
3.2: Fikrinevi will act within the framework of the information it receives from the customer and cannot be held responsible for any negativities that may occur as a result of incomplete or incorrect information.
3.3: All articles and photographs on the customer’s website are entirely the responsibility of the customer and Fikrinevi does not accept any responsibility in this regard.
3.4: The customer is responsible for the security of all his/her data. Fikrinevi will not be held responsible if information is lost for any reason. In this case, the customer cannot claim rights or compensation from Fikrinevi.
3.5: Fikrinevi will endeavor to fulfill its contractual obligations in the best possible way.
3.6: The Customer is obliged to provide all kinds of information and documents that Fikrinevi will need while performing the services subject to the contract, and to notify Fikrinevi in writing in a timely manner about any changes that will occur in its business and that will be important in terms of service. If requested by Fikrinevi, the Customer confirms in writing the accuracy of the information provided verbally.
3.7: Fikrinevi; Regarding the customer or real or legal persons with whom the customer has a commercial relationship; trade secrets or information and documents regarding his financial situation, private information about his workplace, employer, manager and employees, information and documents regarding his private life that may harm his personal rights and privacy, whether real or not, his own personal comments, rumors and rumors. It cannot be shared with anyone orally or in writing, through visual media or social media.
3.8: If it is determined by the customer with concrete documents that all kinds of documents and information delivered to Fikrinevi by the customer have been disclosed in violation of the contract, without the consent of the customer, Fikrinevi will be responsible for this. Fikrinevi can only avoid liability by claiming that it undertakes to take all necessary measures to prevent the transmission of this information and documents to third parties, and that despite taking all kinds of precautions, it could not prevent the dissemination of this information and documents or that it was not at fault.
3.9: The customer cannot copy or move the website to another location. No offer can be made regarding this issue. The provisions of the relevant law article of the Personal Data Protection Law are applied to those who do not exercise due care in this regard. In this case, the customer must also pay the total amount of the subscription fee for 3 years to Fikrinevi as a penalty.
4 - Other Issues
4.1: Fikrinevi is obliged to deliver the website within 7 days for the Corporate Website, 10 days for the QR Menu Website and 15 days for the E-Commerce Website from the date the subscription begins. In case of force majeure, prolongation of this process will not require the existence of a penal clause.
4.2: Fikrinevi does not share the source codes of the website with the customer. Fikrinevi keeps the source codes confidential to protect the copying, security and integrity of the website.
4.3: As long as the customer’s subscription continues, the customer can benefit from unlimited support service and submit design change or content change requests on the website via e-mail or WhatsApp group. Fikrinevi organizes the website according to the customer’s wishes.
4.4: The customer can request new pages or content as long as his subscription continues, provided that it is within the period of the package he purchased. Fikrinevi is obliged to serve these requests of the customer within the subscription period.
4.5: Fikrinevi is obliged to serve these requests of the customer within the subscription period. For this, the customer is given website management panel information. Through the administration panel, the Customer can edit the content and design of the website as he wishes, add new content and change the existing content.
4.6: Web space (Hosting) login information is not shared with the customer.
4.7: Changes requested on the web space (Hosting) are forwarded to Fikrinevi by the customer. Thereupon, Fikrinevi takes into account the customer’s demands and may make these changes for the customer if it deems appropriate.
5 - Payment and Other Financial Obligations
5.1: Following the date and time of ticking the box declaring that this Agreement has been read and understood in its entirety, subscription payments will automatically be renewed on the same day and time of each month following the date of purchase, unless a cancellation request is made by the Customer, and payment will be collected from the registered credit card.
5.2: If the fee cannot be collected due to insufficient balance, a 3-day trial will be made to receive the payment again. During this period, access to services continues. However, if Fikrinevi does not receive the payment for 3 days, it closes the services.
5.3: At the end of 1 year of service, monthly plan fees may be changed by Fikrinevi. Fikrinevi will announce this change in advance via e-mail or WhatsApp group. The Customer has no right to object to the renewal of the subscription plan with changing fees.
6 - Force Majeure
6.1: Natural disasters
6.2: Legal strike
6.3: General epidemic disease
6.4: Partial or general mobilization declaration
Due to these force majeure reasons, Fikrinevi may terminate the contract unilaterally. For these reasons to be valid, a problem arising from the parties must not have arisen and prevent the fulfillment of the commitment, the parties must not be able to eliminate this obstacle, the parties must notify in writing within 20 (twenty) days following the date on which the force majeure occurs and this situation must be reported to the competent authorities. It is mandatory to be documented by.
7 - Duration of the Contract
This agreement remains in force from the moment the customer selects the subscription package suitable for him/her until the customer cancels the subscription.
8 - Termination of Contract
This agreement may be terminated unilaterally by Fikrinevi for any reason, without requiring any penalty, provided that it is notified in writing 7 (seven) business days in advance.
9 - Cancellation
9.1: When the subscription process ends automatically by the customer or if the customer requests to cancel the subscription at any time at his request, the website cannot be moved or copied. If Fikrinevi detects such an issue, the provisions of the relevant legal article of the Personal Data Protection Law will be applied to the Customer and in addition, the customer will pay the total amount of the subscription fee for 3 (three) years to Fikrinevi as a penalty.
9.2: Access to any website whose subscription is canceled or has not been launched but has been delivered will be stopped immediately.
9.3: The 7-day Criminal List period begins for the website whose access has been suspended.
9.4: If the subscription is restarted within 7 days, the Offenders List process ends and access is opened.
9.5: The customer who is on the Offenders List must pay the total amount of the subscription fee for 1 (one) year as a penalty payment to unlock access to the website and initiate a monthly subscription. In this case, he may be removed from the Criminal List.
9.6: Any customer who has not yet been removed from the Offenders List is required to pay the total amount of the subscription fee for 1 (one) year as a penalty payment for each subsequent website and start a subscription again.
10 - Privacy
Both Fikrinevi and the customer must respect each other’s confidentiality rules. All information that is not required to be shared with third parties and is not already accessible to other people should be considered confidential and should not be shared.
11 - Notification
Unless the parties notify their address changes through a notary public (within 7 days from the change), they agree that the addresses written in this agreement are valid notification addresses in accordance with the provisions of the Notification Law and that the specified addresses will be used for all notifications and deliveries.
12 - Penal Clause
If the conditions written above are not complied with, the penal provisions in the Relevant Articles of the Personal Data Protection Law will be applied.
13 - Dispute
In case of dispute arising from this agreement, Istanbul Courts and Enforcement Offices will have jurisdiction.
14 - Validity of Electronic Records
All kinds of electronic correspondence records such as e-mails, WhatsApp group messages, instant messages or faxes made between the parties and by the party officials are considered as legally valid evidence and are accepted as definitive and binding evidence in the context of procedural law.
15 - Effective Date
This agreement states “I DECLARE THAT I HAVE READ AND UNDERSTOOD THE ENTIRE AGREEMENT.” It enters into force on the date the box is checked.