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Web Design and Software Agreement

Web Design and Software Agreement

Article 1 : Parties and Definitions

This contract is concluded at the commercial center on the date specified in the offer or invoice. Varlik Mah. 182. Sokak No:8 Muratpaşa/ANTALYA ARLA MEDYA residing at the address specified in the invoice and offer and the name, surname or title specified in the invoice and offer. (hereinafter referred to as the CUSTOMER).

The domain name of the website subject to the contract is the one specified in the offer or invoice.

Article 2 : Subject of the Contract

This contract covers the service of ARLA MEDYA’s preparation of the website software that the CUSTOMER needs in order to carry out communication, promotion, advertising and similar services.

Article 3 : Obligations of ARLA MEDIA

  1. ARLA MEDYA is obliged to make the software (website) that the CUSTOMER needs for promotion, advertisement and obtaining information ready for publication on the internet by installing it in a way that the CUSTOMER can use.
  2. 2. Additional design (corrections requiring design and code changes, page additions) requested by the CUSTOMER after the performance in Article 3.1 is fulfilled are subject to an additional fee.
  3. For simple changes or touch-ups in the existing sections in the design prepared for the CUSTOMER (corrections that do not require complete design and code/block/div change), it declares that it will integrate the necessary arrangements and additions into the system as soon as ARLA MEDYA will determine after completing the necessary work. There will be no additional charge for these corrections.

Article 4 : Obligations of the Client

  1. The CUSTOMER is obliged to supply the server (server/hosting) system on which the web-based software will be installed and the hardware/software requirements necessary for the operation of this system.
  2. The CUSTOMER must supply or have the pictures and written documents required during the editing and designing of the Web design itself, and transmit the pictures to ARLA MEDYA in computer environment or in high quality. ARLA MEDYA cannot be held responsible for any delay caused by the customer’s failure to provide the necessary documents on time.
  3. The CUSTOMER is obliged to create the site content itself and add the information to the site if the website has an admin panel or management program.
  4. The CUSTOMER accepts and declares that the copyright of the special software techniques used in the software produced by ARLA MEDYA belongs to ARLA MEDYA and that these software will not be reproduced and distributed in any way.
  5. The CUSTOMER accepts and declares that all ideas, thoughts, expressions, comments and writings expressed by him/her belong to him/her and that ARLA MEDYA is not responsible in any way.
  6. The CUSTOMER is responsible for the security of all backups and data belonging to it. ARLA MEDYA will not be liable for any loss of information for any reason. The CUSTOMER cannot claim any right or compensation from ARLA MEDYA for any damages that may arise from this situation.
  7. The CUSTOMER is obliged to report software errors and problems that may occur with the services.
  8. The CUSTOMER agrees to notify ARLA MEDYA in the event that the website, which is the subject of the contract, is moved to another domain name other than the domain name or if it is started to be used in another domain name and agrees that a new contract will be made for the new domain name (domain).
  9. If the website, which is the subject of the contract, is moved out of the domain name and / or used in another domain name without the knowledge of the CUSTOMER ARLA MEDYA, if it is special software, it is considered a violation of ARLA MEDYA’s copyrights.

Article 5 : Confidentiality and Security

  1. ARLA MEDYA supports the CUSTOMER on the basis of mutual trust and takes actions that will be beneficial. The CUSTOMER likewise supports ARLA MEDIA materially and morally and takes actions that will be beneficial.
  2. Both ARLA MEDIA and the CUSTOMER must respect each other’s privacy rules. All information that is not required to be shared with third parties and is not already accessible to others should be considered confidential and should not be shared with others.
  3. ARLA MEDYA, File Transfer Authorization (FTP), Database, Management Control Panel passwords and customer information and private information registered in the site content and database 3. declares and undertakes that it will not share it with persons and organizations and will not make it available.
  4. ARLA MEDYA shall not be liable for the loss of passwords to third parties due to any intent, negligence or fault of the CUSTOMER’s own employees. is not responsible for any damages that may arise in the event that it falls into the hands of persons or organizations.

Article 6 : Validity of Electronic Records

  1. Electronic correspondence and confirmation records such as e-mails, instant messages and faxes between the parties and by the authorized officers of the parties are considered legally valid evidence and are accepted as conclusive 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 their legal residence. The parties accept, declare and undertake that, unless they notify the other party of the changes in these addresses via notary public or registered letter with return receipt requested, the notifications to be made to these addresses shall be deemed valid, duly and duly made to them.

Article 8 : Pricing and Payment

  1. The fee to be paid for the preparation of the website has been agreed in advance and has been determined as ………………… TL (including VAT).
  2. The CUSTOMER accepts, declares and undertakes to pay 1/2 of the Service fee in advance at the beginning of the work and the remaining 1/2 to ARLA MEDYA against the invoice at the end of the work. The fee to be paid at the end of the work accepts, declares and undertakes to pay ARLA MEDYA no later than one week after the invoice date to be issued after the site is delivered in writing or approved by mail and the necessary controls are completed. In case of delay, the remaining payment will be re-priced. The increase in pricing will be based on the WPI CPI Inflation rate.
  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, ARLA MEDYA has the right to postpone, stop or terminate the contract.
  5. The CUSTOMER agrees to pay a difference of 35% of the contract amount if the CUSTOMER requests to change the design or software worked on during the construction phase as a whole, and 15% for the change of certain parts. Whole replacement means replacing at least more than 50% of the existing design. Changing certain parts of a request or code snippet means changing or adding less than 50% of the request or code snippet.

Article 9 : Completion and Cancellation

  1. If the preparation of the website will not be completed for a reason other than the CUSTOMER, ARLA MEDYA is obliged to refund all fees received. Events that are not caused by both parties such as natural disasters (earthquake, flood, etc.), illness, death, etc. shall not be considered as a cause other than the CUSTOMER.
  2. When all software and design products/works (including website, website draft, website approved draft, corporate documents, logo, business card and other printed documents, mockup presentations) made for the CUSTOMER are digitally transmitted / presented to the CUSTOMER digitally or by e-mail after the contract, ARLA MEDYA will no longer return the 50% prepayment received at the beginning of the work to the CUSTOMER even if it has not completed / delivered 100% of the work.
  3. The CUSTOMER accepts, declares and undertakes to pay the entire agreed fee to ARLA MEDYA in the event that he/she gives up the work due to a reason not arising from ARLA MEDYA when the work is 70% or more completed. In the event that the CUSTOMER renounces the contract when the work is completed below 70%, the CUSTOMER shall pay ARLA MEDYA at the rate of the completed work. 70% of the work means that the outline of the work has been completed and the remaining 30% of the work is functional without being done.

Article 10 : Guarantee and Support Scope

  1. The WARRANTY PERIOD shall commence from the date the website is published in working condition after the completion of the tests to fulfill all kinds of desired functions and shall be 1 year in total.
  2. ARLA MEDYA is obliged to correct software errors and problems (bugs) that may occur regarding the services it provides to the CUSTOMER. There will be no additional charge for these corrections and the validity period of this article is 1 year.
  3. The CUSTOMER will be comprehensively explained the use of the management panel for 1 time without additional charge (defining products, categories, logos, settings, etc.).
  4. In the website, which will be meticulously developed by ARLA MEDYA and will be purified from possible errors during the test phase, no additional fee will be charged for the correction of software or design errors that may occur within the 1-year warranty period or during the intervention and operation of the site in case the site does not work.
  5. ARLA MEDYA supports the CUSTOMER on the basis of mutual trust and takes actions that will be beneficial. The CUSTOMER likewise supports ARLA MEDIA materially and morally and takes actions that will be beneficial.
  6. If the CUSTOMER requests more comprehensive support and development services after the completion of the work, this service is provided to the Customer for a separate fee to be determined by ARLA MEDYA and this fee is paid to ARLA MEDYA in advance. The amount of this fee is determined by the scope of the support service.
  7. The supply of Hosting/Server and domain services is not covered by the support and the CUSTOMER supplies them himself/herself. However, within the scope of the support service, ARLA MEDYA may be requested to find suitable Server/Hosting service.
  8. Within the scope of the support service (finding a suitable server / hosting service), if there is a server / hosting service that ARLA MEDYA is an intermediary, in case the website traffic increases, in case of insufficient server capacity, the request for capacity increase is made by the CUSTOMER and the CUSTOMER accepts, declares and undertakes that he / she will cover the necessary costs for capacity increase.
  9. If the CUSTOMER requests support or maintenance service from a company other than ARLA MEDYA or has the work done, ARLA MEDYA has the right to unilaterally stop the support service and if payment has been received for this service, the payment will not be refunded.
  10. The CUSTOMER accepts, declares and undertakes that he/she will pay a separate fee to ARLA MEDYA for code snippets that take more than 5 business days to develop, regardless of the scope of support services received.
  11. If the CUSTOMER does not have any payment for the Support service, it may unilaterally stop receiving support and the same applies to ARLA MEDYA.
  12. ARLA MEDYA is not responsible for any damages arising from decisions taken without taking into account ARLA MEDYA’s suggestions and services in cases requiring expertise. In case ARLA MEDYA is damaged, the CUSTOMER is responsible for the compensation of damages.

Article 11 : Customer Requests

It is detailed on an additional page titled “Customer requests”.

Article 12 : Competent Courts and Enforcement Offices

Antalya Courts and Enforcement Offices are authorized to resolve any disputes that may arise from the implementation of this agreement.

This agreement consisting of 12 articles and 4 pages has been published on www.arlamedya.com and has been notified to the Customer by Arla Medya in electronic media and communication applications and its approval has been obtained or Arla Medya has notified this agreement in the offer it has prepared for the Customer and if the Customer approves the offer, it will be deemed to have approved this agreement.

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