Web Design and Software Agreement
Article 1: Parties and Definitions
Here, on the date of this contract, its commercial center is MÜSLÜM ÇEN WEBENFO YAZILIM, residing at Haseki Sultan Mahallesi. Darrüşifa Sokak No:14/6 Fındıkzade Fatih/ İSTANBUL. (hereinafter referred to as WEBENFO SOFTWARE) and ........................................... .................................................................. .................................................................. resident at ……………………………………….. .................................................................. .................................................................. (hereinafter referred to as the CUSTOMER).
Domain: The domain name of the website that is the subject of the contract. ....................…
Article 2: Subject of Contract
This contract covers the service of preparing the website software required by the CUSTOMER in order to carry out communication, promotion, advertisement and similar services by WEBENFO SOFTWARE.
Article 3: Obligations of WEBENFO SOFTWARE
1. WEBENFO SOFTWARE is obliged to make the software (Website) needed by the CUSTOMER for promotion, advertisement and obtaining information ready for publication on the internet by installing it in a way that the CUSTOMER can use.
2. CUSTOMER will be given training in using the management panel (admin panel). This training is given only once and no additional fee is charged (defining products, categories, logos, settings to the system, etc.).
3. 2. Additional design (corrections requiring design and code changes, page additions) requested by the CUSTOMER after the performance of the action in Article 3.1 is subject to an additional fee.
4. After completing the necessary work for simple changes or retouchings (complete design and corrections that do not require code/block/div changes) in the existing sections in the design prepared for the CUSTOMER, WEBENFO SOFTWARE declares that it will integrate the necessary arrangements and additions into the system as soon as possible. There will be no additional charge for these corrections. However, WEBENFO SOFTWARE may charge an additional fee if it exceeds 5 working days.
Article 4: Customer's Obligations
1. The CUSTOMER is obliged to supply the server (server / hosting) system on which web-based software will be installed and the necessary hardware / software requirements for this system to work.
2. The CUSTOMER must supply or have the pictures and written documents required during the editing and design phase of the Web design, and transmit the pictures to WEBENFO SOFTWARE in computer environment or in high quality. WEBENFO SOFTWARE cannot be held responsible for the delay caused by the customer not submitting the required documents on time.
3. The CUSTOMER is obliged to create the site content himself and add the information to the site, in case the web site has an admin panel or management program.
4. CUSTOMER accepts and declares that the copyright of the special software techniques used in the software produced by WEBENFO SOFTWARE belongs to WEBENFO SOFTWARE and that these software will not be reproduced or distributed in any way.
5. The CUSTOMER accepts and declares that all ideas, thoughts, expressions, comments and articles are his own and WEBENFO SOFTWARE is not responsible in any way.
6. The CUSTOMER is responsible for the security of all backups and data belonging to him. WEBENFO SOFTWARE will not be responsible if information is lost for any reason. The CUSTOMER cannot claim any right or compensation from WEBENFO SOFTWARE for damages that may arise from this situation.
7. The CUSTOMER is obliged to report any software errors and problems that may occur related to the services.
8. The CUSTOMER agrees that he will notify WEBENFO SOFTWARE if the website, which is the subject of the contract, is moved to another domain name other than the domain name or used in another domain name, and a new contract will be made for the new domain name.
9. Moving the website to another domain that is not metioned in this contract without notifying WEBENFO SOFTWARE shall be deemed a violation of WEBENFO SOFTWARE's copyrights.
Article 5: Confidentiality and Security
1. WEBENFO SOFTWARE supports the CUSTOMER on the basis of mutual trust and takes actions that will be beneficial. The CUSTOMER also supports WEBENFO SOFTWARE materially and morally and takes actions that will be beneficial.
2. Both WEBENFO SOFTWARE and CUSTOMER must respect each other's privacy rules. All information that is not obligatory to be shared with third parties and that is not accessible to other people is considered confidential and should not be shared with other people.
3. Both WEBENFO SOFTWARE and CUSTOMER do not share their File Transfer Authority (FTP), Database, Management Control Panel passwords with anyone.
4. If the CUSTOMER receives support, WEBENFO SOFTWARE does not share FTP Information, Hosting Panel information, server access information with anyone, including the CUSTOMER, for security reasons. If necessary, WEBENFO SOFTWARE performs the operations itself.
5. WEBENFO SOFTWARE is not responsible for any damages that may arise if the passwords are obtained by third parties or organizations due to any intention, negligence or fault of the CUSTOMER's own employees. The customer pays additionally for the work required to fix the damages. WEBENFO SOFTWARE determines the additional payment and time in question.
Article 6: Validity of Electronic Records
1. Electronic correspondence and confirmation records such as e-mail, instant message and fax made between the parties and by the authorities of the parties are accepted as legally valid evidence and as final and binding evidence in the context of procedural law.
Article 7: Notifications
For all kinds of notifications to be made regarding this contract and its implementation, the parties have determined the addresses written in this contract as legal residence. The parties accept, declare and undertake that, unless they notify the other party of the changes in these addresses, through a notary public or registered mail with return receipt, the notifications to these addresses will be deemed valid, duly and delivered to them.
Article 8: Pricing and Payment
1. The fee to be paid for the preparation of the website has been determined in advance and has been determined as ………………… $.
2. The CUSTOMER agrees, declares and undertakes to pay 1/2 of the Service fee in cash at the beginning of the work, and the remaining 1/2 at the end of the work against an invoice, to WEBENFO SOFTWARE. It accepts and declares that it will pay the fee to be paid at the end of the work to WEBENFO SOFTWARE, at the latest one week after the invoice date, after the site is delivered in a ready-made form in written or approved by e-mail and the necessary controls are completed. In case of delay, re-pricing will be applied to the remaining payment. WPI CPI Inflation rate will be taken as a basis while increasing the pricing.
3. If the CUSTOMER does not pay 1/2 of the service fee in advance at the beginning of the work, the work will not be started.
4. In case of non-payment, WEBENFO SOFTWARE has the right to postpone, stop or terminate the contracted service.
5. When the CUSTOMER requests to change the whole design or software that is worked on during the construction phase, he/she agrees to pay a difference of 35% of the contract amount and 15% for the replacement of certain parts. By total replacement is meant the replacement of at least more than 50% of the existing design. By not changing certain parts of it, less than 50% of a request or code snippet is modified or added.
Article 9: Completion and Cancellation of the Work
1. Preparation of the website If the work will not be completed for a reason other than the CUSTOMER, WEBENFO SOFTWARE is obliged to return all the fees it received. Events that are not caused by both parties, such as natural disasters (earthquake, flood, etc.), illness, death will not be counted for any reason other than the CUSTOMER.
2. All software and design (web site, web site draft, web site approved draft, corporate documents, logo, business card and other printed documents, mockup presentations) products/works made for the CUSTOMER, digitally or by mail after the contract. Even if WEBENFO SOFTWARE has not completed/delivered 100% of the work, it will no longer return the 50% prepayment received at the beginning of the work to the CUSTOMER.
3. The CUSTOMER agrees, declares and undertakes to pay the entire agreed fee to WEBENFO SOFTWARE, in case the CUSTOMER abandons the work for a reason not caused by WEBENFO SOFTWARE when 70% or more of the work is completed. If the CUSTOMER cancels the contract when the work is less than 70% complete, he pays WEBENFO SOFTWARE at the rate of the completed work. By 70% of the work, it means the main lines of the work have been completed, and the remaining 30% is the work that is functional without being done.
4. The work is deemed to be completed if the software of the website is installed and broadcast on behalf of the domain where the website subject to the contract is made. If retouching and minor changes are required to the domain name in question, it does not mean that the job is not completed. WEBENFO SOFTWARE makes these arrangements within the scope of free support specified after installation. If support is not specified or the support period has expired, CUSTOMER may request these arrangements by purchasing additional support.
Article 10: Warranty and Support Scope
1. WARRANTY PERIOD will start from the date the website is tested and published in a working condition to fulfill all kinds of functions and will be 1 year in total.
2. WEBENFO SOFTWARE is obliged to correct any software errors and problems (bugs) that may occur related to the services it provides to the CUSTOMER. No additional fee will be charged for these corrections. This article is valid for 1 year. During this period, software errors and problems (bugs) that may arise from other infrastructures or software are out of my scope.
3. In the website, which will be meticulously developed by WEBENFO SOFTWARE and will be free from possible errors during the testing phase, 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 bringing the site into working condition in case the site does not work.
4. Errors caused by the intervention of 3rd parties or 3rd party software are not covered by the warranty. WEBENFO SOFTWARE is not responsible for such errors and the CUSTOMER has to pay an additional fee for the correction of these errors.
5. WEBENFO SOFTWARE supports the CUSTOMER on the basis of mutual trust and takes actions that will be beneficial. The CUSTOMER also supports WEBENFO SOFTWARE materially and morally and takes actions that will be beneficial.
6. If the CUSTOMER requests more comprehensive support and development service after the completion of the work, it is offered to the Customer for a separate fee to be determined by WEBENFO SOFTWARE for this service and this fee is paid in advance to WEBENFO SOFTWARE. The amount of this fee determines the scope of the support service to be received.
7. Hosting/Server and domain services supply is not within the scope of support, and the CUSTOMER supplies it himself. However, within the scope of support service, a request can be made from WEBENFO SOFTWARE to find a suitable Server/Hosting service.
8. If there is a server/hosting service with WEBENFO SOFTWARE as an intermediary within the scope of support service (finding the appropriate server/hosting service), in case of an increase in website traffic, in case of insufficient server capacity, the capacity increase request is made by the CUSTOMER and the CUSTOMER will cover the necessary expenses for the capacity increase. accepts, declares and undertakes.
9. If the CUSTOMER requests support or maintenance service from a company other than WEBENFO SOFTWARE or gets the job done, WEBENFO SOFTWARE has the right to unilaterally stop the support service, and if a payment has been received for this service, the payment will not be refunded.
10. CUSTOMER accepts, declares and undertakes that he/she will pay a separate fee to WEBENFO SOFTWARE for code snippets that take more than 5 business days to develop, regardless of the scope of support service.
11. If the CUSTOMER does not have any payment for the support service, he/she may stop receiving unilateral support and the same applies to WEBENFO SOFTWARE.
12. WEBENFO SOFTWARE is not responsible for the damages that may arise from the decisions taken without considering the suggestions and services of WEBENFO SOFTWARE in cases that require expertise. In case WEBENFO SOFTWARE is damaged, the CUSTOMER is responsible for the compensation of the damages.
Article 11: Software features and Customer Requests
Software features and Customer Requests are detailed in an additional page.
Article 12: Authorized Courts and Enforcement Offices
Istanbul Courts and Enforcement Offices are authorized to resolve any disputes that may arise from the implementation of this contract.
This contract consisting of ........ ( ) clause and ........( ) page ......... It has been prepared in 2 (two) copies on the date of
MUSLUM CEN WEBENFO SOFTWARE