ARTICLE 1: PARTIES AND DEFINITIONS

This agreement has been signed on …/../202. between Brksoft LTD (hereinafter referred to as BRKSOFT), headquartered at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, ……………………………………………………………………………………………., ………………………………….. (hereinafter referred to as CUSTOMER).

ARTICLE 2: SUBJECT OF THE CONTRACT

This agreement covers the Web software development service to be prepared by BRKSOFT depending on the requests of the CUSTOMER.

ARTICLE 3: OBLIGATIONS OF THE CUSTOMER

• If the CUSTOMER wishes to take the hosting provider to its own side by BRKSOFT, BRKSOFT’s obligations regarding the problems that may arise on the hosting side will be invalid. The obligations on issues such as the design of the website and the usability of the platform will continue.
  • The CUSTOMER shall pay the amount determined by mutual agreement between BRKSOFT and the customer as of the date of commencement of the contract during the term of the contract.
  • The CUSTOMER is obliged to pay the fee before the project is started.
  • The CUSTOMER is subject to an additional fee for any additional features that he/she wants other than the software in the package he/she has purchased.
  • The CUSTOMER accepts and declares that all ideas, thoughts, expressions, comments and writings expressed by the CUSTOMER are his/her own and that BRKSOFT is not responsible in any way.
  • During the software period, the CUSTOMER must supply or have supplied the information, documents and written documents requested by BRKSOFT. BRKSOFT cannot be held responsible for any delay caused by the customer’s failure to provide the necessary documents on time.

shall be liable.

ARTICLE 4: BRKSOFT`S OBLIGATIONS

• It is obliged to perform the functions mentioned in the Agreement.
  • It is obliged to correct software errors that may occur regarding the services provided to the CUSTOMER and security vulnerabilities that may pose a threat to any customer.
  • If the CUSTOMER requests a refund within 30 days without providing any reason, it is obliged to refund the entire amount paid by the CUSTOMER.
  • It is obliged to provide the CUSTOMER with services such as the package purchased and additional features, if any.

ARTICLE 5: PRIVACY AND SECURITY

Both BRKSOFT and the CUSTOMER must respect each other’s confidentiality rules. All information that is not required to be shared with third parties and is not already accessible to other persons should be considered confidential and should not be shared with other persons.

• BRKSOFT declares and undertakes that it will not share File Transfer Authorization (FTP), Database, Management Control Panel passwords, information stored in the software content and database and private information with third parties and organizations.
  • The CUSTOMER declares and undertakes that due to any intent, negligence or fault of its own employees, the passwords will not be disclosed to third parties.
  • BRKSOFT is liable for any damages that may arise in the event that the passwords, confidential information (all trade secret information such as customer data, website data, website access information, etc.) belonging to the CUSTOMER are obtained by third parties or organizations due to any intent, negligence or fault of BRKSOFT employees, and all material and moral compensation rights of the CUSTOMER are reserved.

BRKSOFT shall not be liable for any damages that may arise in the event that the electronic records fall into the hands of persons or organizations.

ARTICLE 6: VALIDITY OF ELECTRONIC RECORDS

Electronic correspondence records such as e-mails, instant messages and faxes made between the parties and by the officials of the parties are considered as legally valid evidence and are accepted as conclusive and binding evidence in the context of procedural law.

ARTICLE 7: NOTIFICATIONS

For all kinds of notifications to be made in relation to this contract and its implementation, the parties have determined the addresses written in this contract as their legal residence. The parties hereby accept, declare and undertake that unless they notify the other party of any changes in these addresses via notary public or registered letter with return receipt requested, the notifications to be made to these addresses shall be deemed to be valid, duly and made to them.

ARTICLE 8: PROJECT CONSTRUCTION METHOD and PROCESS

BRKSOFT will ensure that the customer can follow the software production phase and the work done through the internet address provided to the customer. For mobile developments, test application APK files will be shared electronically so that they can be installed and tested on devices.

The validity period of the contract signed between the CUSTOMER and BRKSOFT is valid for 1 year.

ARTICLE 9: AUTHORIZED COURTS AND ENFORCEMENT OFFICES

Istanbul Courts and Enforcement Offices are authorized to resolve any disputes that may arise from the implementation of this contract. This contract consisting of 9 (nine) articles has been drawn up in 2 (two) copies on ../../202. and has been read and signed.

CUSTOMER BRKSOFT