1. PARTIES and DEFINITIONS
1.1 This contract is negotiated between Erim Yazılım and the Customer with the free will of the Parties and concluded in the terms and conditions set out below.
1.2 Erim Software and Customer shall be referred to as “Parties” and together as “Parties” in contract articles.
1.3 The terms and words used in this Agreement are used in the following meanings, provided that they do not contradict the applicable legislation, and the definitions made in the relevant legislation shall apply for terms and words not defined in the Agreement.
1.3.1 My System; Apartment, building, shopping mall, plaza, site, etc. managed by Erim Yazılım according to the Law No. 634 on Property Ownership. software for dues tracking and management developed for buildings,
1.3.2 Customer; Real or legal persons authorized as managers or directors appointed as per the Property Ownership Law No. 634, which has information in the signature section of the contract;
1.3.3 User; Residents, flat owners, tenants, suppliers, personnel and similar real or legal persons authorized by the customer using BiSitem software to access BiSitem software,
1.3.4 Application; Software for building management and subscription tracking accessed from the website or mobile platforms and offered to the service of the customer and the user,
1.3.5 Website; Website operating on BiSitem.com and its subdomains,
1.3.6 Server; They are special computers designed to serve various requests of other devices or client computers in any network environment.
1.3.7 Content; The text, file etc. that the customer or users enter into the BiSitem program. such as,
1.3.8 System; It is the whole set of software that enables BiSitem software to work.
1.3.9 Visitors; Third parties visiting the website without customers or users;
1.3.10 Registration Form; In order to use or test the Customer’s BiSitem program, building name, number of flats, manager information etc. are available on the website. form (s) containing information,
1.3.11 Service (s); Apartment, building, shopping mall, plaza, site etc. managed according to the Condominium Law No. 634. The right to use the BiSitem program developed by Erim Yazılım for the structures under the conditions specified in this contract,
1.3.12 Additional Services; Other services offered or sold by Erim Yazılım and subject to the terms of this contract,
1.3.13 Commitment Discount; In response to the customer’s commitment to use BiSitem for a certain period of time, discounts on the service fee by Erim Yazılım, free use of the software or SMS titled BiSitem as a gift,
1.3.14 Force Majeure; Natural disasters, warfare, mobilization, fire, strike and lockout or decisions taken by the government or official authorities and infrastructure problems, which cannot be foreseen at the date of signing the contract and which make it impossible for the Parties to partially or completely fulfill the debts and responsibilities under the Contract, telephone network faults, power outages or similar situations,
1.3.15 Contract; expresses this Agreement and its annexes.
2. SUBJECT MATTER and SCOPE
3. CONTRACT PERIOD
3.1 The duration of the contract is valid for 2 (two) years from the date of signing, and if one of the parties does not warn the other party in writing that the request for non-renewal of the Contract until 1 (one) month before the termination of the Contract will be renewed for 2 (two) years after the term of the Contract expires
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 Customer will be informed in advance that he / she is authorized to conclude this Agreement, the accuracy of the information declared in the Agreement and its annexes, the Services provided to him in accordance with the usage rules specified in this Agreement, the accuracy of the information registered in this agreement and the BiSitem program, and in the event that such information changes. accepts and undertakes.
4.2 The customer is responsible for the correctness of the content entered in BiSitem. Erim Yazılım cannot be held responsible for incorrect calculations or shares resulting from incorrect content entry.
4.3 Customer accepts the Services “as is” and “in its current form” on the date of the Contract. BiSitem does not guarantee that all requests of the Customer will be met; however, it reserves the right to make changes in service content and features, to add and remove new modules (add-on) in order to increase the quality of service, expand or diversify its service. These changes will be published online, and BiSitem is not obliged to make a separate notification to the Customer. The Customer does not have the right to demand any compensation from Erim Yazılım, citing the changes made.
4.4 Erim Yazılım is obliged to develop BiSitem software in line with its plans and to publish it continuously from the date of signing of this Agreement.
4.5 Erim Yazılım undertakes to take all necessary precautions for the continuous and continuous delivery of the Services and to intervene as soon as possible in the event that the Services are interrupted for any reason. However, in case of failure or interruption of the Services due to force majeure, Erim Software cannot be held responsible for any losses and losses that may occur due to any other reasons that do not occur.
4.6 The customer is responsible for the content of the SMS and E-mails sent via the BiSitem infrastructure. To share materials other than BiSitem purpose, including the sale of these communication tools, including the sale of products and services, e-mails sent without the consent of the other party, files that may damage third parties’ software and computer systems, content that is offensive to other users, or any content that is unlawful. It will use.
4.7 Erim Yazılım is responsible for backing up the database of BiSitem software daily. It is used to reload this backup in case of a possible failure due to general failure or force majeure. This database backup, which is taken daily, will not be shared with the Customer since it is not readable outside the program.
4.8 The customer is obliged to keep a copy of the content he / she has entered the BiSitem application. Although Erim Yazılım complies with the necessary security policies and procedures to prevent data loss, it is not responsible for the content loss in case of loss of content.
4.9 During the use of BiSitem, the customer is obliged to export the backup of their own content with the “Export” option, in MS Excel format, and to save and archive the collection, expense receipts and reports.
4.10 Erim Yazılım can make updates by evaluating the reasonable requests that customers report by phone or e-mail, by taking the requests that are deemed necessary and that will appeal to other customers to the update list. Customer accepts and undertakes these updates in advance.
4.11 The customer is obliged to respond to Erim Yazılım within 3 (three) days and to include it in the business plan according to the importance of the error in case they report any errors or problems encountered to destek@BiSitem.com.
4.12 The customer is obliged to follow the days he / she will pay within the period of use and to pay before the deadline. If the payment is not made, BiSitem will be automatically stopped by the system and Customer will be prevented from entering the program. Erim Yazılım cannot be held responsible for any problems arising from this situation.
4.13 Accounts for which usage fee is not paid by the customer are disabled by the system after 15 (fifteen) days and completely deleted after 15 (fifteen) days.
4.14 The customer cannot request information or documents from Erim Yazılım for the accounts that were passive or deleted by not paying the usage fee.
4.15 The customer logs into BiSitem software with his / her own e-mail address and password. Password security itself is responsible and it should not define an easily predictable password, in case the e-mail address is stolen, it should definitely log out after the completion of its operations in case it informs Erim Yazılım and logins to BiSitem from the computers used in common. Possible data loss due to the specified situations, content entry etc. Erim Yazılım is not responsible for its situations.
4.16 Erim Yazılım has the right to revise this Agreement and its annexes without any prior notification and in case of using BiSitem software, the related change will take effect in the next renewal period of the Customer. In the event that Customer does not accept these changes, the right to terminate this Agreement as follows is reserved.
4.17 The Customer may not transfer or assign the BiSitem account and its rights and obligations arising from the use of the Site by this Agreement to any third party in any way.
4.18 The Customer shall have the right to terminate the Customer status by terminating the Erim Yazılım contract if it violates the other terms and conditions covered by this Agreement and its commitments in this statement.
5. FEES and PAYMENT TERMS
5.1 BiSitem works as a prepaid. Unless otherwise specified in writing for the Services, Customer agrees and undertakes to pay the fee specified in the offer or program specified in the contract in advance, on the specified deadline.
5.2 Usage fees are calculated according to the number of flats of the independent department and invoiced in the selected payment periods.
5.3 Payment periods are made on a monthly, annual, 2-year or special offer basis.
5.4 Usage fee determined according to the number of flats and payment period is invoiced after the contract. Usage fee is billed as + 18 VAT.
5.5 The customer will be able to utilize the declared fees, payment terms and tools for using BiSitem in return for full and complete payment.
5.6 The customer can use the account he created to try BiSitem free of charge for 14 (fourteen) days. If the Customer wishes to continue using it at the end of the trial period, it continues to use BiSitem provided that it pays the usage fee.
5.7 If the customer has defined the card information during or after the trial period and the membership has not been canceled or canceled, the membership periods are automatically renewed.
5.8 Usage fees can be paid by credit card within BiSitem software or Erim Yazılım Ar-Ge Bilgi Sistemleri San. Tic. Ltd. Sti. It is transferred to the TR 610006400000122110653193 IBAN number.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All rights, property and interests on the Website and BiSitem belong to Erim Yazılım. Within the scope of this Agreement, the customer is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Website and BiSitem. No provisions in the terms of the Agreement and the Website can be interpreted as the rights and interests of the Website and BiSitem transferred to the Customer. Within the scope of this Agreement, Customer grants Erim Yazılım the right to use, to copy, transmit, store and backup the information and Content of the Customer for other purposes for accessing BiSitem, using BiSitem and providing services. Erim Yazılım has the right to sublicense third party developers regarding the Content in order to provide services.
6.2 The Customer does not have the right to copy, change, duplicate, reverse engineer, compile the Website or BiSitem in any way and for any reason, to access the source code of the software on the Website, and to create works from the Website. It is strictly forbidden to change the browsers and content related to the Website in any way and to provide a link to the Website or the Website without the express permission of Erim Yazılım.
6.3 The Customer may in any way be able to trade commercial title, brand, service mark, logo, domain name etc. of Erim Yazılım (or its affiliates). It will use.
7. EFFECTIVENESS AND TERMINATION OF THE AGREEMENT
7.1 This Agreement will enter into force together with the acceptance by the Customer and will remain in effect unless terminated by either party as set forth below.
7.2 Either party may terminate this Agreement at any time with a written notification to the e-mail address notified by the other party at any time, without any reason and without compensation.
7.3 If the Customer requests for termination before the contract expires, the fee of the services or products gifted before the contract may be requested from the Customer.
7.4 If one of the parties fails to fulfill its obligations arising from this Agreement in full and in accordance with the written notification to be made by the other party, this Agreement may be terminated by the party making the notification. In case the aforementioned violation is realized by the Customer, Erim Yazılım will have the right to suspend the status of the Customer until the violation is resolved. In the event that the Customer violates the applicable legislation, Erim Yazılım may terminate the Contract for the right reason, to be effective immediately.
7.5 The termination of the Agreement shall not eliminate the rights and obligations of the Parties born until the termination date. Upon the termination of the Agreement, the Customer is responsible for all fees and expenses incurred up to that day and will not be able to use the Website and BiSitem as of the date of termination. In case of pre-paid membership termination, no refund is made to the Customer.
7.6 If the customer’s account is inactive for 3 (three) months, Erim Yazılım may terminate this Agreement.
7.7 In the event of termination of the Agreement, Erim Yazılım is not obliged to keep the Content of the Customer.
8. SIR STORAGE AND PRIVACY PROVISIONS
8.1 The parties accept the information given to him / her within the scope of this contract, all the information he / she has learned, in particular, in electronic or electronic form, and the financial provisions of this contract as a confidential information and trade secret, without being limited to these, especially product, service prices and customer information. agrees that it will not, will not disclose this information for any reason, and will not share it with third parties, and if the business acts against this article, any damages to the other party will be eliminated.
8.2 Erim Yazılım is responsible for the information, files, etc. contained in the Customer’s services. may share the documents with third parties or institutions where it is mandatory to explain them in accordance with the legislation in force or a court order or administrative order issued. Due to this situation, Customer cannot claim any right or compensation from Erim Yazılım.
9. OTHER PROVISIONS
9.1 Contract, 634 p. It maintains its validity and bindingness even if the real or legal persons, who are defined as the executive or board of directors appointed in accordance with the Property Ownership Law, are authorized for whatever reason.
9.2 The Agreement and its annexes constitute the entire Agreement between the Parties. Apart from the Agreement, declarations made between the Parties before and after the Agreement are not part of the Agreement and the provisions of the Agreement can only be changed in writing. If one or more of the articles of the contract is invalid for any reason, other articles of the contract will remain valid.
9.3 If one of the provisions limiting Erim Yazılım’s liability is found to be in violation of the legislation by the competent court, that provision will be deemed to be valid in accordance with the legislation and limit the liability of Erim Yazılım to the maximum, and Erim Yazılım’s liability arising from the Agreement shall be determined accordingly. .
9.4 The addresses of the Parties specified in the Contract are the notification addresses of the Parties and the notifications to be made under the Contract will be made to these addresses. If the notification address changes, the customer is obliged to immediately notify the changed address to Erim Yazılım. Otherwise, the address contained in this Agreement will be considered as the valid notification address.
9.5 Erim Yazılım may work with third parties or legal entities under the Services it provides to its Customers. Erim Yazılım will not be a party to the agreements to be made between the customer and the third parties with which Erim Yazılım operates, and Erim Yazılım has no responsibility for the services to be provided to the Customer by third parties.
9.6 In the event of any dispute arising from the performance of this Agreement, the Customer shall provide that the records created by Erim Yazılım regarding the Services offered are valid and binding and will constitute definitive evidence, and that there is a written evidence in the meaning of Article 1900 of HMK No. 6100 of this article. accepts, declares and undertakes that it means contract declaration.
9.7 solving disputes arising from this Agreement Kayseri Court and the Executive Office of the Republic of Turkey has the authority and is subject to contract law.
9.8 This Agreement has entered into force upon Customer’s membership of the BiSitem site and is deemed to have accepted this agreement in advance.