Article 1. PARTIES

SELLER
Title : WEBSTERN.NET YAZILIM, TASARIM, DİJİTAL DANIŞMANLIK (Referred to as Webstern)
Address : ELMALIKENT MAH. GÜLTEN SK. VELİOĞLU A.KENT C1 BLOCK NO: 4 B INNER DOOR NO: 22 ÜMRANİYE/ ISTANBUL

BUYER
Individual or legal person who makes a purchase through www.webstern.net using credit card/bank card, transfer/eft and other payment methods specified (Referred to as Customer)

1.2. The parties hereby declare, accept, and undertake the accuracy of the information written in this agreement.

Article 2. SUBJECT OF AGREEMENT
2.1. This agreement regulates the opportunities provided by Webstern for the Customer to use any or a few of the Domain Name (Internet address), Web Site Design/Software, Hosting, Social Media Content Production, Digital Marketing, Graphic Design services, as well as the obligations and rights of the parties, in line with the purchase made by the Customer through www.webstern.net. The explanations of these services are as follows:
2.2. Domain Name: Reserving the Internet address that will be taken or already taken by the Customer in the name of Webstern, in accordance with the request and preference of the Customer, in order for it to be used by the Customer.
2.3. Web Site Design: Designing and placing the software and visual design of the Internet Site in a functional way under the preferred address, in accordance with the request and preference of the Customer.
2.4. Hosting: The process of hosting the Internet site, prepared by Webstern or previously prepared by someone else, on the Internet-available computers of a Hosting Company to be selected by Webstern.
2.5. Social Media Content Production: The process of creating and publishing written, visual, or video contents on social media platforms (e.g. Facebook, Instagram, Twitter) in accordance with the requests and target audience of the Customer.
2.6. Graphic Design: The process of designing and creating visual materials (e.g. logos, brochures, posters) in accordance with the needs and purposes of the Customer.
2.7. Digital Marketing: The process of promoting and advertising products or services of the Customer through digital channels, such as search engines, social media, email marketing, etc.

2.8. Any changes, additions or updates to the site structure requested by the customer after the site delivery are not included in the agreement.
2.9. Webstern reserves the right to add a text, logo or link to its own site on the website prepared at the request of the customer.
2.10. In the construction of websites, Webstern prepares drafts and publishes them on the www.webstern.net website for the customer. Unless otherwise stated, the customer must approve or request changes within 7 days of being notified by email that the design has been opened for review (this period is added to the delivery time). The necessary documents for Webstern to perform the subject of the agreement must be delivered by the customer within 7 days. The photographs used in the documents to be delivered must be marked and the texts must be prepared clearly indicating in which section of the website they will be placed, that is, in which category they belong. For the delivery of these documents, Webstern requests confirmation by email and takes all the documents at the customer’s address at once with the paid courier or with its own staff. The photographs specified in the documents provided by the customer are scanned by Webstern for use on the website. There may be a decrease in photograph quality during the scanning process or a satisfactory photograph may not be obtained depending on the quality of the original. Webstern is not responsible for this situation. The customer is responsible for the content and/or copyrights of any documents provided by or permitted for use by the customer.

2.11. The customer may not request or use the products purchased from Webstern for the design and/or hosting of pornographic or illegal websites, graphic design and social media content. The customer may request a maximum of 3 times for Webstern to completely change the design and content. If approval is not obtained in 3 designs, the agreement between the customer and Webstern will be terminated. In this case, if the entire fee has been collected, 50% will be refunded. If 50% has been collected, no refund will be made and Webstern will not claim the remaining 50%. The service will be stopped. In hosting services and software/web applications and content/graphic designs offered with membership systems, the purchase price will not be refunded. That is, the monthly/yearly purchased jobs will not be refunded for the month/year in which they are located.
2.12. The customer may request the control panel password from Webstern at any time to manage the server on which the web pages are hosted, and can change this password. However, if access to the file system is provided by the customer, there is a risk of accidentally deleting or damaging files or email accounts and this is outside the responsibility of Webstern. In such a case, if the deleted files are server files, the customer’s account must be recreated and is subject to a fee.
2.13. Webstern uploads, updates and stores the backup of the file system of the website to its own systems at certain intervals from the date the website went live for 1 year. The customer-caused malfunctions mentioned in 2.9 can be resolved with these backups, but the customer must immediately inform Webstern. If requested, it will be reloaded to the server for a fee of 15 USD. 

2.14. The files archived by Webstern are page codes. The codes of dynamic pages are stored, but the content is not. For example, the database content, files where information sent to the site is stored, lists of those with access rights to encrypted pages, or email distribution lists.
2.15. The responsibility of Webstern will cease if the agreement is not renewed or terminated after 1 year or if the customer moves the website to another server.
2.16. When Webstern receives a request to reload a website for which its responsibility continues, the customer must document that they have the right to make this request, meaning they are the owner or authorized representative of the website.
2.17. During the process of restoring the website, the information and files are under the guarantee of Webstern, and will not be shared with any third party.

Article 3. TERM OF AGREEMENT
3.1. This agreement begins with the purchase of the specified rights and obligations of the parties.
3.2. The term of the agreement is 1 year.
3.3. If the customer does not notify Webstern 2 months prior to the expiration of the agreement that the agreement will expire at the end of the term, the agreement will be extended for an additional 1 year under the same conditions for the services of Domain Name Registration (Article 2.2) and Hosting (Article 2.4).

Article 4. FEE
4.1. The fee for the services specified in this agreement is calculated on www.webstern.net and clearly stated on the purchase screen.
4.2. Webstern reserves the right to change the fee and tariffs without prior notice and prospectively. The customer acknowledges, accepts and agrees to this change of authority and any changes.
4.3. The customer is obliged to pay 50% of the fee within 7 days following the date of the contract through credit/bank cards in cash or in instalments, the remaining fee within 7 days following the date of invoice issuance by bank transfer / EFT to Webstern.

5.1. The customer acknowledges that they are responsible for all taxes, duties and similar obligations arising from the use of Domain Name Registration and Hosting and other services received from Webstern and that they undertake to pay them.
5.2. The customer is fully responsible for the content of the Internet site that will be published in the area assigned by Webstern. The customer undertakes to bear any legal and criminal liability arising from the illegality of the data, sound, image, and all types of data on the said site. In this regard, Webstern shall not be held liable.
5.3. Webstern’s delivery obligation begins 30 days after the documents to be placed on the website are delivered by the customer.

Article 6. SUSPENSION OF THE AGREEMENT
6.1. In case the service fees are not paid in full and on time according to the chosen payment method, all services provided to the Customer will be suspended.

Article 7. RIGHT OF TERMINATION AND COMPENSATION
7.1. If the Customer breaches any provision of this agreement and fails to fulfill its obligations and commitments, or if it is determined that the information provided by the Customer on the www.webstern.net website is not true, in the event that the suspension of the agreement as specified in Article 6 continues for more than 15 days, Webstern shall have the right to terminate the agreement unilaterally without any notice or warning.
7.2. In such case of termination, the Customer shall not be entitled to request a refund for the last contract fee paid, and shall accept to pay a commercial penalty of three times the contract fee in force at the date of termination.
7.3. The Customer shall have the right to terminate this agreement one month before the normal expiry date without giving any reason, provided that it gives written notice.

Article 8. ADDRESS FOR NOTIFICATION AND ELECTRONIC MAIL
8.1. Both parties accept, declare and undertake that the postal and electronic mail addresses that they have specified on www.webstern.net will be considered as their legal residence for any kind of notification related to this contract.
8.2. All notifications made to these addresses will be considered as delivered even if they do not reach the parties. These addresses will remain valid unless changes are notified in writing.
8.3. Webstern can send messages, information, letters, notifications of payment, account movement charts, and account statements to the electronic mail address assigned to the customer during the contract period. The customer cannot claim that he has not received or has not been informed of these messages. These messages will be considered as legally notified one day after they are sent.
8.4. Webstern may also notify the customers by phone, fax and courier if requested to do so.

Article 9. VALIDITY OF RECORDS

9.1. The customer declares, accepts and undertakes that in case of any disputes arising from this contract, the records and computer records of Webstern, the electronic mails and similar messages sent by Webstern and the records stored on Webstern’s computers in the Internet environment will be valid, binding, final and prior evidence according to the Article 287 of the Code of Civil Procedure and that this article will act as an evidence contract and he waives his right to object and to claim that these records are not in compliance with the law and that they are not kept properly.

Article 10. CUSTOMER’S DEFAULT IN PAYING DEBT

10.1. If the customer fails to pay the service fees as specified in Article 4.4 of this agreement, the customer shall be considered in default. In this case, Webstern may issue a currency difference invoice, or request a monthly interest rate of 10% from the invoice date. The customer agrees to pay the interest or currency difference invoice, acknowledge, accept and undertake.
10.2. If Webstern takes legal action or enforcement proceedings for any claims arising from this agreement, the customer shall pay a monthly interest rate of 10%, a penal clause of 50% of the balance, a lawyer’s fee of 10% and all other legal expenses.
10.3. If Webstern applies to legal authorities for precautionary attachments or measures for the collection of claims arising from this agreement, Webstern shall have the authority to obtain an attachment or measure without security, but in the event that a court requires security, the customer shall bear the commission and all other expenses arising from the bank guarantee letters, and shall not object to these matters.

Article 11. COMPETENT COURTS AND EXECUTIVE OFFICES

11.1. This agreement has been read and approved by the customer as a distance selling agreement with 11 sub-articles.
11.2. In the event of any disputes arising from the implementation of this agreement, the Istanbul Courts and Execution Offices shall be competent.