AGREEMENT
This User Agreement (“Agreement”) has been concluded between:
1.1. ikas Teknoloji Anonim Sirketi (hereinafter referred to as “İKAS”, located at the address of Koru Mahallesi Ahmet Taner Kışlalı Cad. No: 4/11 Çankaya/Ankara;
Trade Registry Number : Ankara - 413807
Tax Office and No : Doğanbey V.D. - 4700826026 Phone : +90 850 255 1839
Email : destek@ikas.com
MERSIS : 047082602600001
and
1.2. ................ (hereinafter referred to as the USER) resides in the address of ............................
Trade Registry Number : Tax Office and No : Phone : Email : MERSIS : User Domain :
to enter into force on .../.../2023 (“Effective Date”).
1.3. ikas and the USER shall be hereinafter referred to as the “Party” individually; and as the
“Parties” collectively.
2. DEFINITIONS
In the text of this Agreement;
conditions regarding the use of Payment Infrastructures are determined by the relevant Payment Infrastructure.
3. SUBJECT
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
Agreement. Improvements, developments, updates and additions made in the relevant package shall not be applied to the USER.
commercial interests of ikas's affiliates, if any, of its employees, managers, officers, and proxies. The USER is responsible for the actions of its personnel and consultants, as well as its employees, proxies, officials, within the scope of this article. In case of violation of this provision, ikas, without prejudice to its right to indemnify any loss or damage, has the right to terminate the Agreement immediately unilaterally and without paying compensation and without refunding the fees received.
ikas Infrastructure by the USER from the ikas Infrastructure and systems, if necessary, primarily due to the requirements arising from the legislation. ikas cannot be held responsible for any damages that may occur in this context, including lost data. The USER is obliged to keep copies of all information and content stored in the ikas Infrastructure. Although İKAS complies with the necessary policies, legal obligations and procedures to prevent data loss, it does not guarantee that content and information will not be lost.
4.26. İKAS has the right and authority to use the signs and information of the USER, such as brand, logo, name, trade name regarding the cooperation subject to this Agreement, in promotion and advertising activities on its website, application; Instagram, Twitter, Facebook, and similar social media channels; in all interactive and digital platforms and channels. ikas has the right to disclose that the USER is a user of ikas, and to use information such as USER name, brand, trade name and logo in the portfolio and reference section. The USER also has the right to add and keep the ikas logo and website redirection on the website. If the USER does not approve this Article, he/she is obliged to notify ikas in writing through a notary public.
4.27. Since the customer credit card information is not seen, stored and kept on the server by ikas in the sales transactions to be made by the USER, ikas is also not responsible for any errors and problems that may occur regarding the credit card. The USER is solely responsible for all (legal, criminal and administrative, etc.) liabilities within this scope.
4.28. In cases where the legal owner of the USER domain name specified in Article 1 and the real person signing the Agreement are different persons, or if it is claimed by the USER that the person who signed the Agreement does not have the authority to sign, the real person who signed the Agreement is responsible for the provisions of the Agreement against ikas.
4.29. ikas has the right and authority to make temporary interruptions in the service it provides under the Agreement due to technical maintenance and updates. The USER consents to this, which is necessary for the quality and safety of the services.
5. AUTHORITY
Agreement; that this Agreement does not conflict with other agreements he/she has made with other persons or companies and they do not contain provisions contrary to this Agreement; in case of any contradiction, the provisions of this Agreement are in effect and valid; and that he/she is responsible for all damages and losses that may arise in case of contradiction and for any compensation and penalty that ikas has to pay for this reason.
6. FINANCIAL PROVISIONS
6.2.1. Cash Payment or Money Order:
ikas may grant the USER the right to pay the fee specified on the ikas website regarding the relevant package in accordance with this Agreement, in cash or by money order.
6.2.2. Payment by Credit Card:
ikas, may enable the USER to pay by credit card, if the USER wishes.
If the USER pays the usage fee by a credit card, he/she is responsible for the accuracy, licitness and up-to-dateness of the credit card and of the information of the credit card holder. If, for any reason, the monthly installment cannot be collected from the credit card sent by the USER, or if it is collected but the payment is objected, then ikas has the right to suspend the Services and Third Party Services it provides through the Site and/or ikas Infrastructure until a valid payment is made. At the same time, in such a case, ikas has the right to terminate the Agreement immediately, unilaterally and without compensation, without any obligation to refund.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The USER accepts, declares and undertakes that the ownership of all kinds of technical information and production methods such as studies, works, software, source codes, know- how, ideas and inventions, designs, logo designs, photographs, videos, sound recordings,
etc. to be carried out by ikas and third parties, their employees, etc., who are under the responsibility of ikas, regarding the Services determined within the scope of the Agreement, as well as all intellectual property rights and commercial (financial) rights, including patents, belong exclusively to ikas in accordance with Article 48 of Law No. 5846 on Intellectual and Artistic Works; and that he/she will not share or use any intellectual property rights, except for the fulfillment of his/her contractual responsibilities, without the official written permission of ikas.
8. SECURITY
the principle of per diem deduction), to restrict the panel authority of the USER and to terminate the Agreement unilaterally and without compensation, by refunding the package.
8.3. In case of any attack against the server where the USER is and/or if the USER is exposed to cyber crimes, ikas is not responsible for the aforementioned wrongful act, illegality or damage. Due to service interruptions that may occur in such cases, it cannot be claimed that ikas has not fulfilled its contractual obligations and compensation for loss and damage cannot be claimed based on this reason.
9. LIMITATION OF LIABILITY
claims and demands (including litigation costs and attorney fees) that may be communicated by third parties regarding the products, services and contents he/she manages through the ikas Infrastructure, intellectual property violations and the use of the ikas Infrastructure.
9.4. The USER accepts and declares that links and/or integrations can be provided to other channels or contents that are not under the control of ikas through the ikas Infrastructure, this situation does not constitute a declaration or guarantee of any kind for the purpose of supporting the channels to which the links are directed or integrated, or for the channels and the information they contain; and that ikas has no responsibility for the channels and contents, services or products accessed through such links or integration, or their content.
9.5. ikas shall not be liable for any direct, indirect, special, incidental or penal damages incurred by the USER as a result of the use of the ikas Infrastructure by the USER, including but not limited to loss of profit, loss of reputation, to the extent permitted by applicable law. ikas does not make any explicit or implied commitments regarding merchantability, suitability for a particular purpose or use, or noninfringement within the scope of this Agreement. Provided that it does not mean acceptance, the responsibility of ikas for any damages that may arise before the USER within the scope of this Agreement shall in any case be limited to the membership package amount paid by the USER to ikas for the last 1 (one) year.
10. PROTECTION OF PERSONAL DATA
11. TERM OF THE AGREEMENT
11.1. This Agreement is valid for 1 (one) year from the Effective Date of Service. At the end of this 1 (one) year, the USER, if he/she wishes, shall communicate his/her will to continue the Agreement to ikas. In case of renewal, the USER accepts, declares and undertakes that he/she will be subject to the packages, contents, services, rules, conditions and fees on the date of the agreement renewal.
12. TERMINATION and EXPIRATION
Provided that it does not mean acceptance,
the responsibility of ikas for any damages that may arise before the USER within the scope of this Agreement is limited utmost to the user package amount paid to ikas by
the USER within the last 1 (one) year.
15. CONFIDENTIALITY
indications, patents, intellectual property rights for advertising, introduction, promotion and/or any other purpose without the written approval of ikas; will not disclose the information, documents, projects and secrets of ikas which are obtained externally, except for the information and documents that must be disclosed due to legal obligations, and will not use them for the benefit of himself/herself or third parties, or give them to persons and organizations outside the structure of ikas.
15.4. For the avoidance of doubt, if Confidential Information includes personal data, the provisions of Article 10 of this Agreement shall be applied with priority.
16. MISCELLANEOUS PROVISIONS
16.1. Transfer and Assignment: The USER shall not transfer, assign, collateralize this Agreement or any of rights and obligations under this Agreement, in whole or in part, to a third party or persons, without the prior written consent of the other party, and shall not authorize the third person or persons in the essential performance of this Agreement. The USER cannot transfer this Agreement, his/her ikas Infrastructure account, his/her rights and obligations within this scope to any third parties under any circumstances. In case of violation of this clause by the USER, ikas has the right to terminate the Agreement immediately and unilaterally without any responsibility for refund and compensation.
ikas, on the other hand, may transfer, assign, collateralize the Agreement or any of its rights and obligations under the Agreement, in whole or in part, to a third party or persons, or may authorize the third person or persons in the essential performance of this Agreement. It may cooperate with professional and expert persons and organizations, provided that all responsibility remains with ikas in matters that require special expertise and advanced technical knowledge due to the work to be performed.
16.2. Parties’ Waiver of One of the Rights which they were Entitled by the Agreement:
During the implementation of this Agreement, the Parties’;
Agreement would not have been made if there were no invalid provisions, are separate and reserved.
default, termination and recission of agreement depends on the fact that they are made through a notary public.
16.9. Previous Agreements: This Agreement regulates the entire relationship between the Parties regarding the use of the ikas Infrastructure, and with the conclusion of this Agreement, all previous agreements concluded by the Parties on the same subject shall be abolished.
17. APPLICABLE LAW and JURISDICTION
Turkish law shall be applied in disputes that may arise from this Agreement, and the jurisdiction of Ankara Central courts and enforcement offices is accepted by the Parties in advance. The fact that the USER is based outside of Türkiye and/or the domain name allocation originates from abroad does not affect the validity of Turkish law.
18. ENFORCEMENT
This Agreement shall enter into force as of the Effective Date of Service on the date it is approved through the ikas Infrastructure.
