Distance Sales Agreement
Article 1: PARTIES:
This Service Agreement (hereinafter referred to as the "CONTRACT") is signed by Projet Yazılım ve Danışmanlık A.Ş., located at Ağaoğlu My Office Kat : 4 No : 18 Ataşehir / İstanbul.nbsp;(hereinafter referred to as "COMPANY") and the Odoo Platform (hereinafter referred to as "PLATFORM"), Premium ERP Software (hereinafter referred to as "SOFTWARE") and applications and services connected to the software, on the cloudkobi.io internet site. website visitor or platform member (hereinafter referred to as "CUSTOMER").
Article 2: OBJECTIVE:
The purpose of the contract is to regulate the commercial relationship between the COMPANY and the CUSTOMER and to determine the rights and responsibilities of the parties.
Article 3: SUBJECT OF THE AGREEMENT:
The AGREEMENT describes the terms of use, installation and after-sales services for the PLATFORM.nbsp;It accepts that the transactions to be made between the parties with the acceptance of the AGREEMENT will be carried out in accordance with the principles and provisions specified in this contract.
Article 4: ACCEPTANCE OF THE AGREEMENT:
The AGREEMENT is deemed to have been accepted by signing up for the PLATFORM trial product or signing up for one of the paid packages, and by ticking the "I have read and accept the Agreements" box during the purchase process.nbsp;nbsp;
Article 5: CONFIDENTIALITY AND KVKK:
SIDES;nbsp;accepts that all correspondence, commercial and personal data are confidential information.nbsp;Confidential information will not be given to third parties without the knowledge of the other party.nbsp;However, if this information and documents are duly requested by the official authorities, they may be disclosed to the official authorities in accordance with the provisions of the mandatory legislation in force.
By accepting this agreement, the CUSTOMER will also be deemed to have accepted the COMPANY's Personal Data Protection and Processing Policy explained on the website cloudkobi.io/legal/KVKK.
Article 6: DESCRIPTION OF THE SERVICE:
6.1 The COMPANY will enable the CUSTOMERS to use the SOFTWARE modules within the scope of the preferred product over the internet with the PLATFORM it offers.
6.2 The features and scope of the PLATFORM and SOFTWARE modules running on it vary according to the packages specified on the Bulutkobi.io website.nbsp;The CUSTOMER will be entitled to use the PLATFORM by choosing the appropriate package and making the payment.
6.3 The SOFTWARE warranty scope that will be valid during the AGREEMENT is determined on the Bulutkobi.io website.nbsp;Updating the PLATFORM and SOFTWARE modules running on it within the scope of the standard product and error correction services are provided by the COMPANY.
6.4 The support service required for the use of the PLATFORM is provided by the COMPANY and can be used during the AGREEMENT.nbsp;The standards of the support service are determined on the cloudkobi.io website.nbsp;The COMPANY may provide the support service together with its subcontractors or business partners.
6.5 The server hosting service required for the use of the PLATFORM is provided by the COMPANY and can be used during the AGREEMENT.nbsp;The standards of the hosting service are determined on the Bulutkobi.io website.
6.6 CUSTOMER will work with designated business partners on the Bulutkobi.io website for the adaptation of the SOFTWARE modules running on the PLATFORM to their own workflows, customizations, addon development and their version transitions.
6.7 If the CUSTOMER wants to change the Business Partner of the COMPANY, he/she may notify the COMPANY for justifiable reasons, and the Business Partner can be changed with the agreement of all parties.
Article 7: TERMS OF USE, PERIOD OF SERVICE, CANCELLATION AND PRICE INCREASE
7.1 PLATFORM is a service offered as software with all its functions specified for a certain period of time and its sectoral definition is known as SAAS MODEL.nbsp;
7.2 The start date of the Usage License starts with the acceptance of the AGREEMENT submitted, together with the payment of the price declared on the website of Bulutkobi.io, and the duration of the usage license is 1 (One) year or 1 (One) month according to the preferred subscription period.
7.3 During this period, the CUSTOMER shall have the right to use all kinds of services offered within the scope of the PLATFORM, which do not require additional fees, through the address cloudkobi.io or under a special domain name to be determined by himself.
7.4 If the scope of the product package from which the service is received is changed in any way during the usage period of the PLATFORM license, the usage will continue based on the first starting date.
7.5 If the CUSTOMER wishes to continue the service provided, he will be able to continue using his existing information by paying the price declared on the website of Bulutkobi.io, which is the equivalent of the periodic usage license.
7.6 If the CUSTOMER does not want to continue using, he/she may download the last backup of the database at any time, without waiting for the end of the usage period, and may terminate the contract unilaterally without showing any reason.nbsp;In this case, the payments made in advance for the usage period will not be refunded to the CUSTOMER.
7.7 The COMPANY will continuously publish the periodic usage license fees of the PLATFORM and SOFTWARE modules on the cloudkobi.io website in a public and transparent manner.nbsp;For existing customers, possible price increases at the end of the subscription renewal period may be at most at the EMEA region inflation rate.
Article 8: CUSTOMER OBLIGATIONS:
The CUSTOMER will be personally responsible for the following items for the paid or free PLATFORM he is using.
8.1 The CUSTOMER shall add its products and records necessary to work.nbsp;You may purchase the Initial Service for Adaptation, but it will be your own responsibility to be able to start using the PLATFORM.
8.2 The CUSTOMER shall apply to the relevant institutions with his commercial information in order to initiate the use of E-Transformation modules.nbsp;The COMPANY will support the CUSTOMER in these matters.
8.3 The CUSTOMER agrees that he will not share user data and commercial data with third parties, institutions or organizations, and in case of sharing, all security measures related to data are violated voluntarily and the COMPANY will not take any responsibility in such cases.
8.4 CUSTOMER agrees and undertakes to use the PLATFORM and SOFTWARE modules only for their legal activities and to act in accordance with the terms and conditions of the contract.nbsp;The CUSTOMER will be able to use the PLATFORM and SOFTWARE modules on behalf of the third party as long as it is authorized to provide services to third parties.nbsp;In this context, the CUSTOMER agrees and undertakes that the said persons will also act in accordance with the terms and conditions of the contract.
8.5 Access to the PLATFORM by the CUSTOMER will be done using the E-Mail address and Password.nbsp;The CUSTOMER will be responsible for the protection of the confidentiality and security of this password, and any activity carried out on the PLATFORM with the use of such information will be deemed to have been carried out by the CUSTOMER, and any criminal responsibility arising from these activities will be borne by the CUSTOMER.nbsp;When the CUSTOMER becomes aware of the unauthorized use of his password or any other breach of security, he shall immediately notify the COMPANY.
Article 9: SCOPE OF SUPPORT:
Issues that the COMPANY will support the CUSTOMER during the AGREEMENT;
9.1 THE COMPANY agrees to support the CUSTOMER regarding the use of the PLATFORM and the SOFTWARE modules running on it and to guide them about the problems to be experienced.
9.2 THE COMPANY will allocate a Whatsapp Emergency Support Line to the CUSTOMER where the relevant persons are gathered together.nbsp;CUSTOMER acknowledges that this communication line should only be used for emergencies that interfere with its trade and operations.
9.3 The CUSTOMER can be directed to the central support system to follow up their requests and the CUSTOMER will accept this direction.
9.4 The COMPANY agrees to provide one-to-one support to the user via remote connection if needed.nbsp;Depending on the nature of the subject for which support is requested, the COMPANY has the right to direct the CUSTOMER to other support channels or to the Business Partner who is actively working with the CUSTOMER for the solution of the problem.
9.5 Mutual correspondence on support requests is private and will be kept confidential by both the CUSTOMER and the COMPANY unless requested by official institutions.nbsp;nbsp;
Article 10: SOFTWARE OWNERSHIP:
10.1 The PLATFORM, SOFTWARE modules, designs and all other paid or free additional services offered are owned by the COMPANY and the CUSTOMER cannot claim any rights on them.nbsp;The COMPANY has the right to make updates and changes regarding all these products and accepts that these studies will not prevent the sales operation of the CUSTOMER.
10.2 The COMPANY has clearly stated the open source platforms it uses and the modules licensed by third parties on its website at Bulutkobi.io.
10.3 CUSTOMER may use the addons (addons) on apps.odoo.com as they wish, without violating the license rights of third parties.
10.4 CUSTOMER owns his own addons (addons) made by software developers or COMPANY Business Partners.
Article 11: FORCE MAJEURE:
Natural disasters, fire, government activities, national mobilization situations, riots, war or war attempts, strikes, lockouts, etc. Conditions that make it impossible for both of them to partially or completely fulfill their obligations and responsibilities that they have assumed with the CONTRACT, or to fulfill them on time, will be considered as force majeure.
If one of these reasons occurs, the obligations of the parties arising from this contract are suspended.nbsp;If this reason persists for 30 days, either party may terminate the contract without compensation.nbsp;However, the rights and receivables of the parties accrued before the termination shall be reserved.nbsp;nbsp;
Article 12: APPROVAL AND EFFECTIVENESS:
This AGREEMENT becomes binding for both parties upon the CUSTOMER's approval of the acceptance of the sample submitted through the cloudkobi.io website.nbsp;Istanbul Courts and Enforcement Offices will be authorized for any problems that may arise from the implementation of the AGREEMENT.