SERVICE AGREEMENT

1.1 This contract will be deemed mutually read, understood, and signed between ICT Bilgi Teknolojileri San. Ve Dış Tic. Ltd. Şti (referred to as ICT), which provides software services, and the person (referred to as the CUSTOMER) whose identity and other information (referred to as ORDER) is designated in their address, with the conditions specified on the İCT website and the following conditions, by sending the order transaction to the ICT party on the internet.
1.2 The parties declare, accept and undertake that the information written in this contract is correct.

2.1 This contract regulates the use of the web-based software named www.swatcrm.com to the CUSTOMER by ICT, the membership conditions, obligations, the opportunities to be provided by ICT and the fee to be paid in return.

3.1 The fee to be paid for the services specified in this contract is the amount specified in the form in the second stage of the ORDER address. The user shall deposit the program membership fee to the bank account of ICT within 2 business days following the signing of the contract, or hand over the receipt.
3.2 ICT will present the membership license and the password required for the use of the program on a working computer provided by the CUSTOMER, within 2 business days following the payment of the program fee.
3.3 ICT reserves the right to make changes in the prospective fees and tariffs without prior notice. CUSTOMER hereby declares, accepts and undertakes the changes and ICT’s authority to make such changes in advance.
3.4 The fee is collected from the Credit Card Account until the end of the 7th day following the invoice date, if the CUSTOMER has a Credit Card Payment Order. If there is no Credit Card Payment Order, the CUSTOMER is obliged to pay the contract fee to one of the bank account numbers of ICT (the fee is specified on the front) or to ICT in person.
3.5 ICT reserves the right to not start or stop its services until the CUSTOMER makes the payment.

4.1 With the sending of this contract order process to the ICT party on the internet, the rights and obligations of the parties begin.
4.2 The duration of the contract is determined by the Payment Period chosen by the CUSTOMER at the ORDER address.
4.3 If the parties do not give a written notice that the contract will expire until 10 days before the expiry, the contract will be extended by the same conditions as the previous contract period.

5.1 The CUSTOMER is fully responsible for the security of the user name and access password given by the ICT to the CUSTOMER, and the username and access passwords determined by the CUSTOMER. ICT is not responsible for the damages that may arise from the transfer of said information to third parties.
5.2 While using the service provided by ICT, the CUSTOMER declares, accepts and undertakes to comply with any warning or notification issued by ICT.
5.3 The CUSTOMER may not distribute or sell the services provided to them unlimited and free of charge to third parties for a fee or free of charge and / or on a limited or unlimited basis.
5.4 The CUSTOMER declares, accepts and undertakes not to access, use or harm other customers of ICT and the special programs and files of ICT data by using the software access allocated to them.
5.5 The CUSTOMER is fully responsible for the content of the data in the software allocated to them by ICT. The CUSTOMER declares, accepts and undertakes to bear the legal and penal liability arising from the illegality of writing, data, sound, image and all kinds of data in the said software. No fault can be attributed to ICT in this regard.
5.6 ICT cannot be held responsible for any material or moral damages that may arise from the use or misuse of the CUSTOMER, page contents, information received or sent by e-mail (e-mail), pictures, text, etc. All responsibility belongs to the CUSTOMER.
5.7 It is not ICTs responsibility to back up and protect the user's data, however, ICT will do what is necessary to regularly protect and back up all kinds of data of the CUSTOMER. Despite this, ICT is not responsible for any force coercive errors that may occur on computers. The CUSTOMER is responsible for backing up the data.
5.8 ICT is obliged to keep the professional secrets and documents that it will learn during the performance of this contract.
5.9 Any personal information provided by ICT during the user's license purchase is stored in the system. This information cannot be shared with third parties, institutions and organizations.
5.10 Updates will be carried out in the periods determined by the ICT itself.
5.11 ICT agrees and undertakes to make and correct any updates that may be required for SwatCRM and software errors that may occur for any reason, within the period specified by it.
5.12 When the membership period expires, the service provided to the members who do not perform the renewal process is automatically stopped by the system. 1 year after the expiration of the membership, the user account of the member is deleted. All registered data of the member is stored for 1 year from the end of the membership date. It is automatically deleted by the system at the end of 1 year.

6.1 The user accepts and undertakes that the information given during the SwatCRM software license is correct, that they are responsible for the damages that may arise from the incorrect or incomplete information, and that their license may be terminated by ICT in such cases,
6.2 The copyright of any software and content provided within the scope of SwatCRM software services belongs to ICT, and this content cannot be reproduced or distributed without permission in any way,
6.3 and that ICT has the right to take necessary actions and terminate the membership by taking legal action in case of violation of the provisions of this contract.
6.4 In the following cases, the owner's use is stopped or terminated. The access of the User whose use is stopped or terminated is not given back in any way. In this context, the provisions of the relevant law regulated by the Turkish Penal Code under the title of IT Crimes will be applied regarding seizing, duplicating, destroying system data, and tampering with the computer program.
6.5 The right of use cannot be transferred to a third party in any way or made available for free/paid use.

7.1 If the CUSTOMER does not fulfill their responsibilities and commitments by violating any article of this contract, or if it is determined that the information declared on the front of this contract is not correct, if the suspension of the contract specified in Article 6 continues for more than 15 days, ICT shall not give any notice and reserves the right to terminate the contract unilaterally without the need for notice.
7.2 After such termination, the CUSTOMER; declares, accepts and undertakes that they will not be able to claim the last contract fee paid regardless of the remaining time.
7.3 The CUSTOMER has the right to terminate this contract at the end of its term without giving any reason, provided that they give a written notice 15 days before the contract ends for the normal period.

8.1 The parties have accepted, declared and committed to the postal addresses specified in the ORDER address as legal residence for all kinds of notifications arising from the contract.
8.2 All kinds of notifications made to these addresses will be deemed to have been served even if they are not received by the parties. Unless the changes in these addresses are notified to the other party in writing, the old addresses will be valid.
8.3 İCT can send messages, information, letters, warnings, payment notifications, account activity spreadsheets, account statements to the e-mail address allocated to the CUSTOMER within the contract period. The CUSTOMER cannot claim that the said electronic messages were not received or not reached, and declares, accepts and undertakes that the said messages will be deemed to have been legally notified 1 day after they are sent.

9.1 In case of non-payment the CUSTOMER, hereby article 3.4 of this contract, is deemed to be in debt. In this case, ICT may request 10% monthly delay interest from the invoice date. The CUSTOMER declares, accepts and undertakes to pay the default interest.
9.2 The CUSTOMER declares, accepts and undertakes to pay monthly 10% default interest, 50% of the remaining debt amount, 10% Attorney's Fee and all other legal expenses in case ICT files a lawsuit or enforcement proceeding for all kinds of receivables arising from this contract.
9.3 The CUSTOMER, in the case that they apply to the legal authorities for Precautionary Seizure and Precautionary Measures for the collection of their receivables arising from this contract, declares, accepts, and undertakes that ICT is authorized to take a Precautionary Attachment and Injunctive Injunction decision without any security, however, when a guarantee is requested by the Courts, they will be paying for the commission and all kinds of fees arising from the letters of guarantee to be obtained from the banks themselves and will not object to these issues.

10.1 This contract consisting of 10 articles and sub-headings has been read, understood and signed by the parties. (Signature is deemed to have taken place when the order is sent to ICT on the internet). ICT can add or remove new articles and/or sub-headings or make changes on the articles if it deems necessary. The CUSTOMER declares and undertakes that they have accepted these changes in advance.
10.2 ISTANBUL Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this contract.