DISTANCE SALES AGREEMENT
SiberAVM Information Tourism Food Textile Digital and Wholesale Marketing Industry Trade Ltd. Co.
This agreement has been prepared in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts in order to define the rights and obligations of the parties regarding sales conducted online.
ARTICLE 1 – PARTIES
1.1 Seller Information
Company Name: SiberAVM Information Tourism Food Textile Digital and Wholesale Marketing Industry Trade Limited Company
Address: Mithat Paşa Street No:404, Konak, İzmir
Phone: 0532 311 89 16
E-mail: info@siberavm.com
(Hereinafter referred to as the "SELLER".)
1.2 Buyer Information
The individual who becomes a member or places an order through siberavm.com.tr. The address and contact information entered during membership or order placement shall be taken as the basis.
(Hereinafter referred to as the "BUYER".)
ARTICLE 2 – SUBJECT
This agreement covers the terms regarding the provision of digital services purchased by the BUYER through the website siberavm.com.tr owned by the SELLER, as well as the mutual rights and responsibilities of both parties. The SELLER agrees to provide the specified services, while the BUYER agrees to pay the service fee via bank transfer or credit card.
ARTICLE 3 – SERVICE INFORMATION
The services covered under this agreement are specified in the order summary and preliminary information form. The BUYER shall be deemed to have approved the service content, pricing and payment conditions before completing the order.
ARTICLE 4 – GENERAL TERMS
4.1 The BUYER declares that they have read and electronically approved the preliminary information regarding the essential features, pricing and payment conditions of the ordered service.
4.2 The SELLER is obliged to provide the service in accordance with the order conditions, provided that the service fee has been fully collected.
4.3 If the payment cannot be completed for any reason or if there is a problem during collection, the service will not be initiated. The SELLER cannot be held responsible for delays or errors caused by the payment method.
4.4 After the service has started, if the credit card is used unlawfully by unauthorized individuals without the BUYER’s fault and the related bank refunds the payment, the SELLER reserves the right to suspend the service.
4.5 If the service cannot be provided on time due to force majeure, natural disasters or similar extraordinary circumstances, the SELLER shall immediately notify the BUYER. In such cases, the BUYER may choose to cancel the order, replace it with an equivalent service or postpone it until the obstacle is removed. If cancellation is preferred, the paid amount shall be refunded within 10 business days.
4.6 The BUYER is responsible for ensuring their own security while using the internet. The SELLER cannot be held liable for damages caused by failure to use antivirus software, firewalls or similar security measures.
4.7 The BUYER agrees not to transmit content contrary to laws or public morality, access third-party systems without authorization or violate the rights of other users. In case of violation of these obligations, the SELLER has the right to terminate the agreement unilaterally.
4.8 The SELLER is obliged to share BUYER records within the legal framework if requested by BTK, TİB or other authorized institutions.
4.9 This agreement enters into force once it is approved online by the BUYER. Upon completion of the order, the BUYER shall be deemed to have accepted all provisions of the agreement.
ARTICLE 5 – INTELLECTUAL PROPERTY AND COPYRIGHT
5.1 Ready-Made Package / Script Sales
All software products, source codes, design templates and infrastructure systems belonging to the SELLER are the intellectual property of the SELLER. The BUYER may only use the purchased package within the scope of the granted usage rights. Copying, reproducing, transferring source code to third parties or offering it for sale as a different product is strictly prohibited.
5.2 Custom Software Development
The right to use software specifically developed for the BUYER within the scope of the project shall be transferred to the BUYER after the full project fee has been paid. However, general infrastructure components, third-party libraries and modules previously developed by the SELLER shall remain the property of the SELLER. Source code transfer shall only be valid if explicitly stated in the agreement.
5.3 The BUYER may not attempt to reverse engineer the delivered software, obtain the source code or create derivative products.
ARTICLE 6 – CONFIDENTIALITY AND INFORMATION SECURITY
6.1 The parties agree to keep all commercial, technical and financial information obtained from each other within the scope of this agreement confidential. This obligation shall remain valid for 3 (three) years after the termination of the agreement.
6.2 The SELLER shall not share project details, business processes or customer data belonging to the BUYER with third parties. Likewise, the BUYER may not disclose information regarding the SELLER’s software infrastructure, pricing or business model.
6.3 Legal obligations or requests from authorized institutions shall constitute exceptions to this article.
ARTICLE 7 – WARRANTY AND MAINTENANCE CONDITIONS
7.1 The SELLER guarantees that the delivered software and digital services comply with the order scope for 30 (thirty) business days from the delivery date. Errors detected during this period that are not caused by the BUYER’s usage shall be corrected free of charge.
7.2 After the 30-business-day warranty period expires, technical support, updates and maintenance requests shall be evaluated as paid services.
7.3 If the BUYER makes unauthorized modifications to the system, installs third-party plugins or operates outside the recommended technical requirements, the warranty rights shall become invalid.
ARTICLE 8 – PROJECT CANCELLATION AND TERMINATION OF AGREEMENT
8.1 If the BUYER requests cancellation before the project begins, a fee proportional to the time and resources spent until that date shall be charged.
8.2 If the BUYER requests cancellation at any stage after the project has started, the completed work ratio shall be determined and the corresponding amount invoiced. Advance payments shall not be refunded, and any remaining amount must be paid by the BUYER within 5 business days.
8.3 The SELLER may terminate the agreement unilaterally in the following cases:
8.4 In case of termination, the SELLER shall invoice the completed work up to that point. Payments made for undelivered service items shall be refunded within 10 business days.
ARTICLE 9 – LATE PAYMENT CONDITIONS
9.1 The BUYER is obliged to complete the payment within the due date specified from the invoice date.
9.2 For overdue invoices, a monthly delay interest of 2% shall be applied for each calendar day starting from the due date.
9.3 If the payment is delayed by 15 business days, the SELLER has the right to suspend the service. If the delay reaches 30 business days, the agreement may be terminated unilaterally and legal proceedings may be initiated.
9.4 Delay interest and collection expenses belong to the BUYER.
ARTICLE 10 – DATA RESPONSIBILITY AND PERSONAL DATA PROTECTION LAW (KVKK)
10.1 The SELLER processes the BUYER’s personal and corporate data solely for the purpose of providing the service; such data shall not be shared with third parties or used for commercial purposes.
10.2 If the BUYER processes personal data belonging to their own customers through the SELLER’s systems, the BUYER shall be considered the data controller within the scope of Law No. 6698 on the Protection of Personal Data. The BUYER is responsible for collecting and processing such data lawfully.
10.3 The SELLER acts as the data processor regarding such data and operates in line with the BUYER’s instructions.
10.4 Upon completion of the project, if requested by the BUYER, data belonging to the BUYER stored within the SELLER’s systems shall be deleted or returned within 30 days.
10.5 In the event of a data breach, the SELLER shall notify the BUYER within 72 hours from the moment the breach is detected.
ARTICLE 11 – DISPUTES AND AUTHORIZED COURT
In disputes arising from this agreement, İzmir Courts and Enforcement Offices shall have jurisdiction. Turkish Law shall apply.
ARTICLE 12 – EFFECTIVENESS
This agreement enters into force once approved online by the BUYER. Upon completion of the order, the BUYER declares that they have read, understood and accepted all provisions of the agreement.