DISTANCE SALES AGREEMENT
SERVICE SALES AGREEMENT-PRIOR INFORMATION
Article 1. PARTIES AND DEFINITIONS
On one side; (Residing at “Aksu Mah. Ceren Sok. Merkez/Giresun”) and Accuracy Digital Company (hereinafter referred to as “SERVICE PROVIDER”) on the other side; The natural or legal person whose information is obtained through the registration form on the site by purchasing the SERVICE PROVIDER products/services through the website of the SERVICE PROVIDER “www.accuracydigital.com” (this site) (in this agreement, “CUSTOMER” and/or “CLIENT” for short). This Preliminary Information Form and Service Agreement (shortly the "Agreement") have been accepted within the terms and conditions below.
After that, in the Contract; CUSTOMER/YOU and SERVICE PROVIDER may be referred to as “Party” separately and “Parties” together.
Article 2. SUBJECT AND PURPOSE OF THE AGREEMENT
The subject of this Agreement; The sale of products and services that the CUSTOMER has ordered from the products/services offered for sale online by the SERVICE PROVIDER on the “www.accuracydigital.com” website or the website to which the SERVICE PROVIDER will direct, and whose sales price and qualifications are specified during the order process; and It covers the rights and obligations of the parties regarding the use of the product and for Customers holding the title of Consumer, provided that the provisions of Law No. 6502 on the Protection of Consumers – Regulation on Distance Contracts (OG:27.11.2014/29188) are valid.
By accepting this Preliminary Information Form and Service Agreement, the CUSTOMER agrees in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about this matter.
Your acceptance of this Agreement in electronic form also means that this Agreement and the General Terms of Use, Privacy – Security Policy, Consent Text, Illumination Text, available on the “www.accuracydigital.com” website, which is attached with reference to this Agreement,_cc781905-5cde-3194-bb3b -136bad5cf58d_Operational Working Conditions at annexes and special contracts for the product/service you have purchased, the Regulation on Distance Sales and the relevant Consumer Legislation, which you have read, understood, agreed and you have been given preliminary information within the scope of the Law on the Protection of Consumers No. 6502 - Regulation on Distance Contracts, and It will mean that you agree that the terms of the contract are binding on you.
Article 3. EFFECTIVE DATE AND DURATION OF THE AGREEMENT
3.1. The duration of this Agreement; The date of presentation (activation) of the requested product/service following the CUSTOMER's online request to purchase the product/service (order) via the "www.accuracydigital.com" website of the SERVICE PROVIDER or the website to be directed by the SERVICE PROVIDER starts from. SERVICE PROVIDER records will be taken as basis for the activation date.
3.2. Contract duration; It is as long as the product/service usage period selected by the CUSTOMER during the order.
3.3. In case the contract period is extended, the changes in the prices will be reflected to the CUSTOMER and the current prices will be charged.
3.4. Except for the termination of the contract with a written notification by the CUSTOMER for a justified reason arising from the SERVICE PROVIDER, no fee will be refunded to the CUSTOMER by the SERVICE PROVIDER in the event of termination of the contract before its time.
Article 4. NOTICES
4.1. The SERVICE PROVIDER shall use the e-mail address provided by the CUSTOMER for all kinds of notifications, including service renewal, to the CUSTOMER. It is the CUSTOMER's responsibility to ensure that this address is a valid address, belongs to an authorized person regarding the services received, and is kept up to date. Assuming that the CUSTOMER is aware of the service renewal periods; The CUSTOMER agrees that the SERVICE PROVIDER will not hold the SERVICE PROVIDER responsible for any problems or delays that may occur in the e-mail notifications regarding the renewal transactions that the SERVICE PROVIDER has made to it, under any circumstances.
4.2. The CUSTOMER shall not claim any rights and damages from the SERVICE PROVIDER for any malfunctions and damages that may arise from the fact that the information he/she reports to the SERVICE PROVIDER is correct and up-to-date, during registration/or after starting to use the service, that the identity and contact information and e-mail address provided by the SERVICE PROVIDER is valid, correct and complete, and that the SERVICE PROVIDER will accept it as such, that all notification and invoicing transactions to be made by the SERVICE PROVIDER to the CUSTOMER will be made within this information, unless otherwise notified in writing by the CUSTOMER, It accepts, declares and undertakes that the information transmitted is followed by an authorized person on the CUSTOMER's side regarding the service subject to this Agreement, and that it will inform the SERVICE PROVIDER in case of any change. Any responsibility that may arise from the fact that this information is not accurate, complete and up-to-date belongs to the CUSTOMER.
4.3. After accepting the order and confirming the transactions, the CUSTOMER can use the service by defining his services through the control panel. In case the service received includes a transaction that requires manual intervention other than the control panel, the SERVICE PROVIDER will carry out the necessary work and convey the necessary information to the CUSTOMER regarding the usage and the service will start. It is the CUSTOMER's responsibility for keeping the information up-to-date on the Customer Control Panel, which will be allocated to him in the electronic environment, and for the confidentiality of the user name and password given to him, and the CUSTOMER is responsible for any damages and losses that may arise from these issues.
4.4. The CUSTOMER agrees to send an informative mail regarding the campaign, product/services of the SERVICE PROVIDER to the e-mail address it has notified to the SERVICE PROVIDER and to show its name as a reference by the SERVICE PROVIDER on the web page or through other channels.
Article 5. FEES, BILLING AND PAYMENT
5.1. The fee to be paid for the services received by the CUSTOMER is the amount specified during the order process. It is calculated by including VAT and other taxes, if any, legally required to be collected in the specified fees, and after being shown to the CUSTOMER, the collection takes place if he approves.
5.2. Charges for the service received will be specified during the ordering process. The CUSTOMER agrees to pay for the services and products (“service/s”) purchased from the SERVICE PROVIDER as soon as it requests the service. Payment is made by the CUSTOMER using one of the payment methods provided by the SERVICE PROVIDER to the CUSTOMER on its website.
5.3. For payments to be made in foreign currency, the payment must be made at the Foreign Exchange Sales Rate of the Central Bank of the Republic of Turkey on the payment date.
5.4. When a service is purchased, for any reason, the SERVICE PROVIDER cannot fully collect the cost of the services it provides from the CUSTOMER or if it faces any problem regarding the payment made to it for any fee it has previously collected (for example, payments made by stolen credit card), The SERVICE PROVIDER may resort to all administrative, procedural, judicial and penal remedies in terms of collecting the fee, the CUSTOMER acknowledges and declares that he/she knows this.
5.5. In the event that the CUSTOMER does not make the payment at all or on due date at the beginning or renewal of the contract, or if there is a problem in the payment / payment is made with a stolen credit card, etc., the SERVICE PROVIDER shall promptly declare the service received without any notification, without prejudice to its other legal rights. may be canceled and/or suspended and/or limited. CUSTOMER accepts this issue.
5.6. The SERVICE PROVIDER always reserves the right to charge a reasonable service fee for other duties outside the scope of its regular services and for additional service or product requests. These include, but are not limited to, customer service issues that cannot be settled via email and require personal service, and disputes that require specialized service, etc. are services. These collections will be invoiced as appropriately as possible to the CUSTOMER's Payment Method registered with the SERVICE PROVIDER.
5.7. CUSTOMER, in case of renewal of the order/contract period; is obliged to pay the current price of the service whose duration is extended on the renewal date. Otherwise, 5.5 above by the SERVICE PROVIDER. Besides the measures specified in the article can be taken, it will be able to issue a foreign exchange difference invoice arising from late payment and charge 3% monthly delay interest from the due date to the actual payment date.
5.8. SERVICE PROVIDER; reserves the right to make future changes on prices and tariffs without prior notice. The CUSTOMER accepts, declares and undertakes the changes that may occur in advance regarding these changes.
5.9. If the CUSTOMER pays with a credit card during the service purchase and chooses the automatic payment option, the service fee will be automatically deducted during the service renewal period from the credit card he has entered into the system and the money will not be refunded. accepts that it cannot be held responsible. It accepts that if the Customer does not make timely payments, its services will not be renewed, the service provider is not responsible for any interruptions/delays that may occur in all services provided and that it will not demand any compensation from the SERVICE PROVIDER.
5.10. SERVICE PROVIDER; Upon the CUSTOMER's acceptance of this Agreement and approval of the order, the CUSTOMER shall have the right to collect the purchased service fees from the credit card account given by the CUSTOMER during the order.
5.11. These fees do not include Taxes. For all services provided to the CUSTOMER within the scope of the contract, the taxes calculated according to the relevant tax legislation are invoiced to the CUSTOMER together with the service fees. If new taxes are charged to the SERVICE PROVIDER after changes in tax rates or changes made in these taxes, these new taxes are reflected to the Customer.
5.12. The invoice(s) issued by the SERVICE PROVIDER regarding the services purchased by the CUSTOMER are sent to the billing address specified by the CUSTOMER by post, e-mail, courier, cargo, registered electronic notification address, e-invoice or any other method agreed by the parties. The CUSTOMER can also access a copy of the invoices issued by the SERVICE PROVIDER from the web-based interface of the SERVICE PROVIDER. The CUSTOMER is obliged to follow up the samples of the invoices issued by using this interface.
In cases where the invoice sent by one of the above-mentioned methods does not reach the CUSTOMER, the CUSTOMER is obliged to notify the SERVICE PROVIDER within 10 days after the invoice date, otherwise he undertakes not to object to the invoices that do not reach him or that are received later.
5.13. In case it is used within the scope of the services received; Türk Telekom, Boğaziçi Elektrik Dağıtım A.Ş. Increases made by infrastructure service providers such as such, may be reflected to the CUSTOMER by the SERVICE PROVIDER, and in such a case, the SERVICE PROVIDER will notify the CUSTOMER one (1) month in advance of price changes. CUSTOMER accepts this situation in advance.
Article 6. TERMINATION
6.1. During the contract; In the event that one of the parties fails to fulfill its obligations specified in the contract regarding the service/s received in this Agreement, general terms of use, for more than seven (7) days, or if it is determined that the information declared by the CUSTOMER to the SERVICE PROVIDER is not correct, the other Party unilaterally terminates the contract. and may terminate immediately. CUSTOMER; declares, accepts and undertakes that if he/she violates his/her obligations or causes termination due to false declaration, he/she will not be able to claim the fee paid regardless of the remaining time and in case of monthly payment, all payments for the relevant service/s will become due until the end of the order period.
6.2. The CUSTOMER has the right to terminate the contract regarding the service he has received, at any time within the period without giving any reason, provided that he gives a written warning 10 days before. However, in case of such termination, the CUSTOMER; It declares, accepts and undertakes that it is obliged to pay in advance the price of the relevant Contract and / or the service until the normal expiration date, and that if it has paid this price, it cannot request a refund.
6.3. If this Agreement is terminated for any reason; The responsibility of transporting the configuration, data, content, etc. of the CUSTOMER systems belongs to the CUSTOMER. Before the contract expiration date; If the said information is not moved, all content will be deleted and a copy will not be provided by the SERVICE PROVIDER.
6.4. In case of termination of the contract for any reason, all energy connection of the server, cabin etc. inventory, if any, which is in the use of the CUSTOMER, will be cut off, and the inventory, which is not owned by the SERVICE PROVIDER or is not added by the SERVICE PROVIDER for the purpose of deducting its receivables, is 3 (three) days from the contract expiration date. It must be received from the SERVICE PROVIDER address within the same day. Otherwise, the SERVICE PROVIDER will not have any responsibility for the inventories, nor will it have any obligation to pay compensation due to the inability to use the inventory.
Article 7. RESPONSIBILITIES
7.1. The CUSTOMER declares, accepts and undertakes to comply with the notices and warnings conveyed by the SERVICE PROVIDER within the scope of the service received. The CUSTOMER may not distribute or sell the services provided to him free of charge and/or unlimitedly to third parties for a fee or free of charge and/or on a limited or unlimited basis.
7.2. The CUSTOMER accepts that its services may be stopped if it causes a situation that will disrupt the services of other customers of the SERVICE PROVIDER due to the use of shared hosting service and the website creating excessive system load or security weakness in this context.
7.3. The CUSTOMER agrees that in case of exceeding the quota for any service purchased, the service will be automatically stopped. Exceeding the quota varies according to the scope and content of the service purchased, and the CUSTOMER will be informed in case of excess.
7.4. The CUSTOMER, in electronic mail communication, web broadcasts and all kinds of transactions related to this subscription, shall not act contrary to Turkish law, Law No. 5651 on Regulation of Broadcasts Made on the Internet and Fighting Against Crimes Committed Through These Broadcasts, and not to act against public morals and morals, He accepts, declares and undertakes that he is fully responsible for the content of ftp and other Internet services.
7.5. The CUSTOMER is responsible for the installation, licenses, adjustment of the software related to the service he receives, works related to the software and all problems that may arise. The SERVICE PROVIDER is not responsible for the information made and provided by the CUSTOMER, and the CUSTOMER may request to rent the licenses of the software used by the CUSTOMER through the SERVICE PROVIDER. CUSTOMER; If requested by the SERVICE PROVIDER, it is obliged to forward the permission, usage and contract information regarding the license used to the SERVICE PROVIDER.
7.6. The CUSTOMER cannot rent, sell, transfer or let others use the right of use under this Agreement, otherwise the Agreement may be terminated for a just cause, to indemnify any damages that may occur due to this reason, and to pay a penal clause equal to the minimum contract value without the need for any legal warning or notice. and commits.
7.7. CUSTOMER; By signing this contract, the SERVICE PROVIDER accepts that he cannot gain title and status such as representative, agent, commercial representative, partner, solution or business partner, and notify in this way in the counter commercial documents, promotional tools, brochures and announcements with third parties. cannot be found.
7.8. The CUSTOMER declares that the server will be disabled by the SERVICE PROVIDER without the need for a separate notice, in cases where one or more of the prohibited activities listed below are performed on the server reserved for him, or in cases where it is illegal or will adversely affect the database of the SERVICE PROVIDER, such as attacking the internal or external networks. and accepts, declares and undertakes that the fees paid until that date will not be returned to him in any way and that he is obliged to compensate for any damages that may occur due to this reason. Within this responsibility, the CUSTOMER must comply with the laws of the TR, the regulatory procedures of the ICTA (Information Technologies and Communications Authority) and the rules set or to be set by the SERVICE PROVIDER.
7.9. The CUSTOMER undertakes to be bound by the laws of the TR regarding the services he receives. The CUSTOMER declares and undertakes that in cases where he/she violates the applicable laws and regulations through the services he/she receives, he/she will be solely responsible for this situation, will cover the damages incurred by the SERVICE PROVIDER and 3rd parties due to the violation, and will release the SERVICE PROVIDER from all kinds of demands.
7.10. CUSTOMER; In the event that the authorized/official authorities cause an application to the SERVICE PROVIDER because of the content it has published or has, the SERVICE PROVIDER knows that it is obliged to fulfill the relevant official/authorized authority requests to the extent of its authority, therefore it cannot make any demands and/or the SERVICE PROVIDER does not comply with the law. declares and undertakes that it is liable to cover any damages incurred by
7.11. The SERVICE PROVIDER cannot be held responsible for any material or moral damages that may arise from the incorrect use of the CUSTOMER data in the service it provides, data content, all data used by e-mail.
7.12. It is the CUSTOMER's sole responsibility to back up all data and restore backups within the scope of the service used. In case the backup service is purchased separately from the SERVICE PROVIDER, the backup can be made by the SERVICE PROVIDER.
7.13. The SERVICE PROVIDER reserves the right to stop the expired domain name, hosting, or other services offered after the expiration date, and to cancel the service completely. There is no obligation to keep any data records after the cancellation of expired or unpaid services.
7.14. The SERVICE PROVIDER may suspend all services that threaten, threaten or may threaten its services, temporarily or indefinitely, without prior notice.
7.15. The CUSTOMER agrees that the SERVICE PROVIDER may move its own servers when necessary. In this context, an IP address collected to the CUSTOMER can be replaced with a different IP address. The SERVICE PROVIDER does not guarantee that it can continuously protect the IP addresses allocated to the CUSTOMER. In case the IP address changes, the SERVICE PROVIDER shall notify the CUSTOMER at least 2 (two) weeks in advance of the new IP addresses that it will allocate for the use of the CUSTOMER. In the event of such a change requirement, the CUSTOMER will also fulfill its obligations for the realization of the change.
Article 8. PHYSICAL STUDIES
8.1. Customer; Following the signing of this Agreement, it will notify the SERVICE PROVIDER of the authorized persons assigned for the maintenance/failures of the services and digital areas in its use and will receive the SERVICE PROVIDER's acceptance. In case of a change in the said persons, this situation will also be notified to the SERVICE PROVIDER and its approval will be obtained. The SERVICE PROVIDER reserves the right to request changes in the said persons. In such a case, the CUSTOMER will make the necessary change.
8.2. 8.1 above. For the maintenance operations specified in the article, the CUSTOMER will inform the service provider in advance and will agree with the SERVICE PROVIDER with the authorized persons who will perform the maintenance day, time and duration. In case of malfunction, the SERVICE PROVIDER will allow the CUSTOMER to intervene in the malfunction as soon as possible. The works to be carried out by the CUSTOMER will be carried out under the supervision of the personnel authorized by the SERVICE PROVIDER.
8.3. The CUSTOMER cannot interfere with the hardware on the server, otherwise all responsibility belongs to him. In such a case, it accepts and undertakes to pay the entire loss to the service provider in cash, in full and in advance, without the need for any warning or notice.
8.4. 8.1., 8.2. of the CUSTOMER. and 8.3. If the SERVICE PROVIDER does not comply with the obligations set forth in the articles, does not comply with the safety instructions/operational working conditions declared by the service provider or violates other obligations under the contract; The CUSTOMER reserves the right not to allow physical access and not to allow such persons to the area where their systems are located.
8.5. In case the CUSTOMER receives service from the infrastructure on which the SERVICE PROVIDER also provides shared services to other customers, the SERVICE PROVIDER; Although it takes every precaution, it cannot be held responsible in case of possible interruptions or attacks on these devices where shared services are provided.
8.6. CUSTOMER; It accepts, declares and undertakes that it is aware of and is obliged to comply with the “Operational Working Conditions”, which is the annex of this Agreement and is constantly updated on the website, and that the SERVICE PROVIDER reserves its right to reject the requests submitted to it if it does not find it in accordance with the Operational Working Conditions.
Article 9. INTERNET ACCESS SERVICE
9.1. The SERVICE PROVIDER is not responsible for any damage or loss that may occur to the CUSTOMER due to malfunctions, errors, disruptions and interruptions that may occur in the telecommunication lines beyond its control and the systems of the Internet Access Providers from which it receives service, and therefore, the CUSTOMER is not responsible for any damage or loss that may occur. , can not claim any rights and compensation from the provider providing the service. However, in such a case, the Contractor will make the utmost effort to correct the aforementioned problem.
Article 10. PROHIBITED ACTIVITIES
It is strictly forbidden to perform the following activities using the services of the SERVICE PROVIDER. Although the service provider does not have the responsibility to control the content, it reserves the right to stop, restrict or completely terminate the services of the users if it is determined that these activities are carried out.
10.1. Prohibited activities include, but are not limited to, any act or behavior that is considered a criminal offense by law.
Spamming
Spam is the sending of bulk and/or commercial messages over the internet, without the consent of the recipient. Sending spam not only damages the commercial reputation and reliability of the SERVICE PROVIDER, but also may cause the systems to be overloaded and the quality of the services provided to the customers to decrease.
Those who receive the relevant services from the SERVICE PROVIDER cannot send Spam, cannot operate their systems unprotected in a way that facilitates Spam sending and open to the use of 3rd parties/institutions.
Offenses Against Intellectual and Artistic Works, Private Life and Personal Rights
Behaviors that may be committed against intellectual and industrial rights belonging to individuals or institutions and constitute a crime under the "Law on Intellectual and Artistic Works", "Trademarks Law", "Turkish Commercial Law", "Law on the Protection of Patent Rights" and other relevant legislation, and privacy of private life and crimes against personal rights are within this scope.
Phishing Attacks
Phishing is the capture of many private information, from the user's identity information, credit card information, bank account numbers to the internet password of this account, by deceiving users through fake web pages and e-mails.
Illegal or Unauthorized Access to Other Computers and Networks
Trying to access computers, user accounts or networks belonging to others by unauthorized or illegal means (hacking) and other activities (port scan, stealth scan, etc.) that will allow illegal or unauthorized access to systems.
Virus, Maggot, Trojan etc. Activities Related to Harmful Distribution
Internet viruses, trojan horse sending or activities such as pinging, flooding, mailbombing that may cause disruption to other users' use of the SERVICE PROVIDER network or any other network, system, service or device connected to it.
Excessive Resource Usage on Shared Servers
Within the scope of hosting services, the SERVICE PROVIDER has services provided over shared hardware platforms. A website that is live within the scope of this service creates excessive traffic or uses excessive resources, sending and/or receiving intense e-mails from e-mail addresses used within the scope of e-mail hosting service, excessive use of processors by the virtual server used within the scope of shared hosting service. or in case of excessive traffic, the SERVICE PROVIDER reserves the right to stop the service for a short or indefinite period without prior notification so that the services of the customers receiving service on the same hardware platform are not adversely affected.
Article 11. RIGHT OF WITHDRAWAL, USE AND CONDITIONS
11.1. Right of Withdrawal: The Customer, who has the title of consumer, has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. The period of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
11.2. Duration of the Right of Withdrawal:
In determining the period of the right of withdrawal;
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a) In the case of goods that are the subject of a single order and delivered separately, the day on which the consumer or the third party determined by the consumer receives the last product,
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b) In the case of goods consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last piece,
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c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or the third party determined by the consumer receives the first goods is taken as a basis.
In contracts where the delivery of goods and the performance of services are made together, the provisions of the right of withdrawal regarding the delivery of goods are applied.
11.3. Use of the right of withdrawal:
The notice that the right of withdrawal has been exercised, before the expiry of the right of withdrawal, must be sent to the SERVICE PROVIDER in writing or by opening a support record via a permanent data store, to the address of the Service Provider or to the info@accuracydigital.com e-mail address or via the user panel allocated to the Customer. or directing is sufficient. In the exercise of the right of withdrawal, the Customer may use the Right of Withdrawal Form or make a clear statement of the withdrawal decision.
11.4. Service provider; Within fourteen days from the date on which the notification regarding the use of the right of withdrawal by the Customer is received, he/she shall return all the payments collected, including the delivery costs of the goods to the consumer, if any.
11.5. Exceptions to the right of withdrawal
The Customer with the title of consumer cannot use the right of withdrawal in the following contracts:
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a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
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b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
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c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
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d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
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e) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
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f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
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g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
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h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
Article 12. OTHER PROVISIONS
12.1. Notification: The addresses of Accuracy Digital Company specified above at the beginning of the contract and given by the CUSTOMER during the order are legal notification addresses, and unless the address changes are notified in writing to the other party, the notification made to the current address will be considered valid. In case the CUSTOMER is one of the companies whose registered electronic notification address is legally required, the SERVICE PROVIDER will be able to make its notifications to this address as well.
The provider providing the service may send a message, information, letter, warning, payment notification, account movement schedule, account statement to the e-mail address assigned to the CUSTOMER during the service period. The CUSTOMER cannot claim that the electronic messages in question 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.
12.2. Force Majeure: Within the scope of this Agreement, natural disasters, fire, war, civil uprising, general strike, legal change shall be deemed Force Majeure and Force Majeure shall be limited to these. In the event that the Parties violate this Agreement due to Force Majeure, the infringing Party shall not be liable for such violation. The Party affected by the force majeure shall notify the other Party in writing to what extent the obligations are not complied with and the period of non-compliance, as soon as technically possible, but in any case within 1 (one) week at the latest after the force majeure event occurs ("force majeure statement") .
If such delay or omission ends, the Party affected by the force majeure shall immediately notify the other Party in writing that the force majeure event has ended. In the event that the effect of the Force Majeure event lasts for more than 1 (one) month and the affected Party fails to fulfill its obligations within this period, the other Party may terminate the Agreement unilaterally and without compensation.
12.3. Transfer and Assignment: The CUSTOMER cannot transfer or assign any of its rights or obligations under this Agreement to any third party without the written consent and permission of the SERVICE PROVIDER. The SERVICE PROVIDER may transfer and assign its rights and obligations arising from the Agreement to its subsidiaries and partnerships, provided that the obligations under this Agreement are fulfilled exactly. In the event that the SERVICE PROVIDER's capital and/or shareholding structure effective at the signing date of this Agreement changes or merges with another company and establishes a new commercial partnership or takes over another company or is taken over by another company, this Agreement remains in effect.
12.4. Stamp Duty and Other Taxes: Stamp duty arising from this Agreement will be paid by the SERVICE PROVIDER and invoiced to the Customer. All other taxes, duties, fees and similar financial liabilities arising from this Agreement are paid by the CUSTOMER.
12.5. Integral Annexes of the Agreement: published on “www.accuracydigital.com” and accepted by the CUSTOMER by reading; The contract (if any), General Terms of Use, Operational Working Conditions and Privacy Policy prepared specifically for the service received by the CUSTOMER, are an annex and an integral part of this Agreement.
12.6. Disputes and Disputes: Istanbul Anatolian Courts and Enforcement Offices are authorized to resolve disputes arising from the implementation of this contract. Customers holding the title of consumer may apply to the Consumer Arbitration Committee and/or the Consumer Court for the resolution of disputes.