TURK ELEKTRONİK PARA INC. FRAME AGREEMENT ON GENERAL TERMS AND CONDITIONS
TURK Elektronik Para Inc.
www.turkpara.com.tr
Doğanbey V.D. 8710531079
Trade Registry No : 373168
Mersis Number : 0871053107900001
Address : Prof.Dr.Ahmet Taner Kışlalı Mah.
2405 Sok. No:5 Çayyolu / Ankara
ARTICLE 1 - Parties
The Party
Title : TURK Elektronik Para Inc. (Hereinafter referred to as "TURK")
Mersis Number : 0871053107900001
Address :Prof.Dr.Ahmet Taner Kışlalı Mah.
2405 Sok. No:5 Çayyolu / Ankara
(You can access the address of the branch and REPRESENTATIVES at https://turkpara.com.tr/temsilcilikler.aspx.)
Email : [email protected]
REM : [email protected]
Phone : 850 988 88 88
Fax : 850 455 88 75
and the payment service user as the counter-party (hereinafter referred to as "USER"), who signed the Agreement to provide PAYMENT SERVICES have agreed on the following terms in order to establish the continuous payment relations and associated terms and conditions.
TURK Elektronik Para Inc. General Terms and Conditions Framework Agreement, hereinafter, is referred to as 'Agreement'. Hereby in this Agreement, USER and TURK will be referred as "the Parties" jointly and "the Party" solely.
ARTICLE 2 - Definitions
RECIPIENT: The real or legal entity who is intended to receive the payment and/or the FUND subject to ELECTRONIC MONEY; and/or to whom the USER make a payment by using the services from TURK in order to supply goods or services,
DIRECT DEBITING TRANSACTION: Payment service where the PAYMENT TRANSACTION has been initiated by the BUYER pursuant to the approval of SENDER granted to its own payment service provider, RECIPIENT or payment service provider, and the SENDER's ELECTRONIC MONEY ACCOUNT is debited,
ELECTRONIC PARA: monetary value that is used to carry out PAYMENT TRANSACTIONS which are exported, electronically stored and defined as per the LAW in exchange for the FUND accepted by the TURK, and that is also accepted as a PAYMENT TOOL by real and legal entities other than TURK,
ELECTRONIC MONEY ACCOUNT: accounts where the exported ELECTRONIC MONEY is monitored and recorded as per USER,
FUND: It refers to the banknotes, coins, cash or E-MONEY,
SENDER:It refers to the natural or legal person who has placed a PAYMENT ORDER from their own E-MONEY ACCOUNT or without having a E-MONEY ACCOUNT
TRANSACTION DISPUTE: It refers to the complaints and objections to be made by card and supplementary card holders regarding the card usage,
SENSITIVE PAYMENT DATA:It refers to the password, security question, certificate, encryption key and personal security information regarding payment instruments issued by institutions such as PIN, card number, expiration date, CVV, CVV2, CVC2 code used by the USER in issuing the PAYMENT ORDER or verifying the USER's identity, which may allow fraudulent or fraudulent transactions on behalf of the USER, in case of seizure or alteration,
LAW: 6It refers to the Law No. 6493 on Payment and Securities Settlement Systems, PAYMENT SERVICES and E-MONEY Institutions,
IDENTIFICATORY: It refers to the combinations of numbers, letters or symbols specific to USERS and passwords for the purpose of identifying the USERS and distinguishing them from other people by TURK,
COMMISSION AND FEES: It refers to the payment made to TURK by the USER and specified in article 4.6 of this Contract.
USER: It refers to the payment service user and E-MONEY user,
LEGISLATION: It refers to the LAW, REGULATIONS, COMMUNIQUE and other relevant legal regulations, especially those of the Financial Crimes Investigation Board (MASAK),
INSTRUMENT OF PAYMENT: It refers to the card, mobile phone, password and similar personal instrument determined between TURK and the USER and used by the USER to execute the PAYMENT ORDER,
PAYMENT ORDER: It refers to the instruction given by the USER to TURK or SYSTEM PARTNER in order to carry out the PAYMENT TRANSACTION,
PAYMENT TRANSACTION: It refers to depositing, transferring or withdrawing FUND upon the instruction of the SENDER or RECEIVER,
PAYMENT SERVICES: It refers to the payment and E-MONEY services provided by TURK, based on the authorizations in the LAW, within the scope of this Contract,
PARAM SERVICES: It refers to the services offered by TURK to the USER within the scope of the permission obtained from the Banking Regulation and Supervision Agency and listed in the first paragraph of Article 12 of the LAW, as well as services related to the issuance of E-MONEY and conversion of E-MONEY into FUNDS,
PARAM SYSTEM: It refers to WEB pages, mobile applications, E-MONEY accounts and payment instruments offered by TURK, which ensure the realization of continuous PAYMENT SERVICES, which are made available for the use and access of USERS,
SYSTEM PARTNER: It refers to the bank or other financial institutions that TURK cooperates with during the execution or processing of the PAYMENT SERVICES through PARAM SYSTEM, and the third parties who have an interest in the completion of the PAYMENT SERVICES,
COMMUNIQUÉ: It refers to the Communiqué on the Management and Supervision of Information Systems of Payment Institutions and E-MONEY Institutions,
REPRESENTATIVE:It refers to the natural / legal persons acting on behalf and account of TURK in order to perform the services within the scope of the services undertaken by TURK,
REMOTE COMMUNICATION TOOL: It refers to any tool or medium that allows the conclusion of a contract without physical confrontation, such as letter, catalog, telephone, fax, radio, television, e-mail message, internet, and short message services,
REGULATION: It refers to the Regulation on PAYMENT SERVICES and E-MONEY Issue, Payment Institutions and e-money Institutions.
ARTICLE 3 - Subject of the Contract
The subject of this Contract is to determine the scope of PARAM SERVICES to be provided by TURK to the USER and the rights and obligations of the Parties regarding these services. This contract is a determinative framework contract for all contracts prepared for PARAM SERVICES offered by TURK.
ARTICLE 4 - Principles and Service Processes Regarding PARAM SERVICES
4.1.The USER shall be able to benefit from PARAM SERVICES by completing the processes mentioned below and using the E-MONEY ACCOUNT to be created at TURK and/or the INSTRUMENT OF PAYMENT to be allocated to him/her.
4.2. The USER sends the request for account opening and/or INSTRUMENT OF PAYMENT to TURK via PARAM SYSTEM. It is obligatory to submit information and documents related to the service requested by the USER through the channels determined by TURK. TURK has the right to request information and documents such as TR Identity Number, Name Surname, Address Information, Tax No, Signature Circular, etc., during account opening within the framework of the principle of identifying the customer and depending on whether the USER is a natural or legal person. TURK reserves the right to request different information and documents from the USER and to determine their transmission channels according to the nature of the service provided and the provisions of the relevant LEGISLATION
4.3. Even if the USER submits the information and documents in Article 4.2 to TURK, TURK reserves the right to refuse the USER's request to use PARAM SERVICES.
4.4.PARAM SERVICES, its provision, scope, methods, and whether to continue to provide services with these methods, to add new methods or to decide to remove some methods are at TURK's sole discretion.
4.5. TURK holds the right to set maximum and minimum price limits for payment usage in PARAM SERVICES. The provisions of the LEGISLATION are reserved.
4.6. The USER may request that some or all of his/her E-MONEY be converted into FUND. TURK has the right to determine the value date according to the method used in the issuance of E-MONEY, and in case these amounts are requested to be converted to FUND before the said value date, the USER agrees to pay the fees and commissions in the link https://param.com.tr/transaction-fees.aspx.
4.7. PARAM SERVICES provided by TURK to USERS may be performed in all currencies announced by the Central Bank of the Republic of Turkey, as long as the relevant LEGISLATION provisions allow. The exchange rate to be applied regarding PARAM SERVICES is calculated by taking into account the daily buying/selling rate of the Central Bank of the Republic of Turkey and the buying/selling rates valid in the free market, and the USER agrees that the changes in the exchange rate to be determined according to this method shall be effective immediately
4.8. TURK shall provide confirmation of the IDENTIFICATORIES that allow USERS to access the PARAM SYSTEM, and shall determine and develop the methods to log in.
4.9. The USER shall be able to access the PARAM SYSTEM by introducing the confirmation password that is going to be sent to the mobile phone after logging in via the IDENTIFICATORY.
4.10. The USER is obligatory to transmit the RECEIVER, payment method, amount of the PAYMENT TRANSACTION, currency, transaction description and other information to be requested according to the nature of the service to TURK in order to execute the PAYMENT ORDER submitted.
4.11.The USER gives approval to TURK regarding the initiation and completion of the PAYMENT PROCESS via the PARAM SYSTEM. PAYMENT TRANSACTION shall be deemed to be authorized by the USER, by entering the verification code to be transmitted by TURK in the relevant field, etc., for the realization of the PAYMENT TRANSACTION. Confirmation of the PAYMENT TRANSACTION can be given before PAYMENT TRANSACTION, or after, in accordance with the agreed method. PAYMENT TRANSACTION that is not approved in accordance with the agreed method is deemed not authorized.
4.12.PAYMENT ORDER could not be withdrawn after it reaches TURK in terms of the USER who has the title of SENDER. The USER agrees that,
- In cases where the PAYMENT TRANSACTION has been initiated by the RECEIVER or through the RECEIVER, the USER shall not be able to withdraw the PAYMENT ORDER unless the RECEIVER agrees otherwise, after transmitting the PAYMENT
- The USER accepts that if it will be withdrawn the PAYMENT ORDER as stated above, the USER shall be charged as specified on the TURK's website https://param.com.tr/transaction-fees.aspx.
4.13. The moment the PAYMENT ORDER reaches TURK in terms of the USER who has the title of SENDER, is the moment the PAYMENT ORDER is received. In cases where the PAYMENT ORDER reaches TURK outside the working day in terms of the USER who has the title of SENDER, the PAYMENT ORDER is deemed to have been received on the next business day. In cases where the PAYMENT ORDER is an EFT transaction, the USER may deliver it to TURK until 16:00 on the business day at the latest. After this time, the PAYMENT ORDER received by TURK reaches TURK the next business day and is counted as the moment the PAYMENT ORDER is received.
4.14. The maximum time in which the PAYMENT TRANSACTION may be completed is until 16:30 on the business day. Maximum completion times may vary depending on the type of PAYMENT TRANSACTION and the agreement with the SYSTEM PARTNER.
4.15.After each transaction performed within the framework of PARAM SERVICES, information regarding the transaction is sent to the USER via short message and the transaction receipt containing the following information via e-mail;
a. Receipt No/Transaction reference No and RECEIVER information,
b. Amount and currency of the transaction,
c. Breakdown of fees and commissions to be paid,
d. Information on the exchange rate and calculation method used in the PAYMENT TRANSACTION, if any.
ARTICLE 5 - Rights and Obligations of the Parties
5.1. Rights and Obligations of TURK:
a) TURK shall have the right to reject the transaction if the PAYMENT TRANSACTION is in violation of the LEGISLATION, the general rules regarding PAYMENT TRANSACTIONS, if there is any doubt regarding the parties of the transaction and the authenticity of the transaction.
b) TURK shall have the right to disable the INSTRUMENT OF PAYMENT for use in cases where fraudulent or unauthorized use of the INSTRUMENT OF PAYMENT is suspected. TURK shall notify the USER that the USER's account has been deactivated as a result of fraudulent or unauthorized use, via e-mail and/or text message.
c) TURK shall endeavor to equip the PARAM SYSTEM with high security standards corresponding to the most up-to-date technical information, including encryption algorithms, in order to prevent unauthorized persons from accessing information systems, to take the measures set forth in the COMMUNIQUE by the Banking Regulation and Supervision Agency, and to ensure the issues specified in the binding provisions.
d) TURK reserves the right to temporarily stop or limit the system in order for the PARAM SYSTEM to work properly. TURK is not responsible for the failure of PARAM SERVICES to be delivered on time due to problems caused by third parties.
e) The USER shall pay the fees and commissions to TURK under the conditions specified in the website link (https://param.com.tr/transaction-fees.aspx) in return for the PARAM SERVICES provided under this Contract. Such payment shall start to be collected once the USER starts using PARAM SERVICES. The scope of fees and commissions may be changed and expanded unilaterally by TURK. Fees and commissions may be updated by TURK, and the USER accepts that if the USER does not terminate the Contract due to the such change following the notification made pursuant to this Contract, the current fees and commissions shall be collected from the USER at the periods specified in the website link (https://param.com.tr/transaction-fees.aspx), as long as the USER uses PARAM SERVICES.
f) The fees for the goods and services provided through PARAM SERVICES provided within the scope of this Contract and the conditions for the collection of these fees are determined by the RECEIVER, who is the supplier of the relevant goods and/or services, and the USER accepts that TURK has no authority or responsibility in this regard.
g) The transaction limit of one-time transactions and monthly total transactions to be made within the scope of this Contract shall be determined by TURK and may be revised at any time. Limits regarding PARAM SERVICES are on the website link, and the limits are as specified in the MASAK LEGISLATION for USERS whose identity has not been confirmed (https://param.com.tr/transaction-fees.aspx). The USER agrees that the USER shalll not perform any transactions outside the limits set by TURK.
h) TURK shall be able to notify the USER by sending the notifications it is going to make to the USER within the scope of this Contract, at the times specified in the Contract, to the e-mail, workplace or residential address notified to it by the USER, to the mobile phone or by using the notification methods through the call center. If the USER requests additional information to the information within the scope of the Contract, and if this request is accepted by TURK, it can be fulfilled for a fee specified in the link https://param.com.tr/transaction-fees.aspx. The USER may access a copy of this Contract at any time from the PARAM WEB site https://param.com.tr/Sozlesme.aspx.
i) TURK reserves the right to unilaterally amend and update the Contract and its annexes. TURK shall notify the USER 30 (thirty) days prior to the entry into force of the relevant amendment, containing information on the scope of the amend, the effective date and the USER's right to terminate the Contract. If the USER does not notify the termination within 30 (thirty) days, the USER shall be deemed to have accepted the relevant amendment. If a period of less than 30 (thirty) days is given in the relevant LEGISLATION for any amendment required within the scope of the LEGISLATION, this matter shall also be notified to the USER; specified in the notification and the period stipulated by the LEGISLATION shall be applied instead of the period specified herein.
j) TURK is obliged to take the necessary measures in accordance with the provisions of the LEGISLATION and the rules ordered by all other LEGISLATION against the interruptions that may occur due to extraordinary or unexpected situations.
k)TURK is obliged to ensure the confidentiality of the information processed with the explicit consent of the USER, in accordance with the Law No. 6698 on Protection of Personal Data, including SENSITIVE PAYMENT DATA.
l) In cases where the PAYMENT ORDER is given by the USERS holding the title of SENDER and the PAYMENT SERVICE provider of the USERS holding the title of SENDER is TURK, TURK is responsible for the correct execution of the PAYMENT TRANSACTION to the USERS holding the title of SENDER.
m) Within the scope of the contract, TURK is responsible for transferring the amounts conveyed to it by the USER correctly and pursuant to Article 52(1) of the REGULATION, to theRECEIVER or the RECEIVER's PAYMENT SERVICE Provider, within the periods specified within the scope of the contract concluded with the relevant party. If TURK does not fulfill this responsibility, it shall return the unrealized or incorrectly realized part of the PAYMENT TRANSACTION to the USER without delay. In the event that the PAYMENT TRANSACTION is not realized at all or as required, the USER is free to use one of the rights to get the service again, to remedy the defect caused by the service, or to withdraw from the Contract.
n) TURK does not have any responsibility for violations or attacks (hacking, phishing, etc.) against the systems of SYSTEM PARTNERS or USERS.
o) If TURK refuses to fulfill a PAYMENT ORDER, it shall notify the USER of the reason for the refusal and, if any, how the errors causing the refusal can be corrected, as soon as possible, and in any case, by the end of the business day following the receipt of the PAYMENT ORDER. It may be decided in the contract that TURK may charge a fee for the notification to be made to the USER if the refusal is based on a justified reason.
p)If the USER claims an TRANSACTION DISPUTE, TURK has the right to deduct the amount deducted by the SYSTEM PARTNER from the E-MONEY ACCOUNT. 25 (Twenty-Five) TL related to each TRANSACTION DISPUTE claim from the transactions carried out using the PARAM SYSTEM is invoiced by TURK without any warning and collected from the USER's account. In the event that there is no balance in the E-MONEY ACCOUNT, TURK may compensate the entire loss from the USER without the need for any notice/warning or court decision.
5.2. Rights and Obligations of the USER:
a) The USER agrees that his/her personal data, defined within the scope of the Law No. 6698 on the Protection of Personal Data, be shared with TURK and/or companies in which TURK is directly or indirectly affiliates, or the user's information is shared with TURK by group companies in which TURK's controlling shareholder participates directly or indirectly, and that such information is processed by companies in which TURK and/or TURK participates directly or indirectly, or by group companies in which TURK's controlling shareholder participates directly or indirectly, and that the personal data listed in this article is shared with Merchant/Payment Service Providers and Organizations/Business Partners//REPRESENTATIVES/Foreign Service Providers/relevant Financial Institutions/Banks from which the USER provides goods and services, within the aforementioned periods and purposes and that this information is processed by these parties for the same purposes, for the purpose of providing TURK's services within the scope of the LEGISLATION, detecting the presence of risk, determining the risk level, quality of service, fulfilling its obligations under the LEGISLATION, promotion and marketing of PARAM SERVICES, as long as the legal relationship continues and in any case, until legitimate reasons disappear.
b) By applying to TURK pursuant to the Law No. 6698 on the Protection of Personal Data, the USER has the right, regarding itself, to learn whether personal data is processed, to request information if personal data has been processed, to learn the purpose of processing personal data and whether they are used in accordance with its purpose, to learn the third parties to whom personal data is transferred in the country or abroad, to request correction of personal data in case of incomplete or incorrect processing, to request the deletion or destruction of personal data within the framework of the conditions stipulated in the relevant legislation, to request notification of the correction, deletion and destruction of personal data to third parties in accordance with the relevant legislation, to object to the emergence of a result against the USER by analyzing the processed data exclusively through automated systems, to request the compensation of the damage in case of loss due to the processing in violation of the Law No. 6698 on the Protection of Personal Data. Such rights can be exercised in the case of an application made by sending the request to the rem address of [email protected] or to the address specified in this contract, by notary/returned registered letter.
c) TURK may transmit its reasoned affirmative/negative response in written or digital form in accordance with the requests contained in Article 5.2.(b). If the transactions regarding the aforementioned requests require a cost, it is possible for TURK to charge a fee from the USER at the tariff determined in accordance with Article 13 of the Law No. 6698 on the Protection of Personal Data.
d)The USER accepts that it acts on its own behalf and account and that it shall notify TURK in writing in accordance with the Law No. 5549, in case he/she acts on the account of someone else, that he/she will notify TURK in writing in case its identity, communication and other identification information changes, and that TURK may request identification/information based on the USER's notification within the scope of this article. The USER accepts and declares that, otherwise, TURK will not be liable for any legal / criminal liability, including unauthorized, erroneous transactions, unfair, unlawful use of third parties, fraud, etc., and that it has the right to terminate this Contract unilaterally.
e) The USER shall not allow any third parties to access the E-MONEY ACCOUNT to be created at TURK, as well as the INSTRUMENT OF PAYMENT to which the E-MONEY ACCOUNT is related, and the SENSITIVE PAYMENT DATA, and shall be personally responsible for ensuring their security. The USER also agrees that he/she will not disclose, make use of, or use this information other than the purpose for which he/she is given the information regarding the INSTRUMENT OF PAYMENT and SENSITIVE PAYMENT DATA, including but not limited to the information such as the USER name and password of the E-MONEY ACCOUNT. The USER accepts, declares and undertakes that TURK is not responsible for any damages that may arise due to the use of the INSTRUMENT OF PAYMENT and/or SENSITIVE PAYMENT DATA by unauthorized persons or the use of such data for purposes other than the purpose herein. In the event that the INSTRUMENT OF PAYMENT is lost, stolen or a transaction that has taken place against the will of the USER is learned, the USER is obliged to notify the situation immediately to TURK via the call center or to its REPRESENTATIVE if the transaction was carried out through the REPRESENTATIVE.
f) As soon as the USER learns about the PAYMENT TRANSACTION that the USER did not authorize or that was performed incorrectly, it may request the correction of the transaction by notifying TURK without delay. In any case, the correction request is made within 13 (thirteen) months from the execution of the PAYMENT TRANSACTION. In the event that all the information specified in the REGULATION ON THE PAYMENT TRANSACTION has not been provided by TURK to the USERS, the USERS may always request a correction regardless of this period.
g) Notifications are made in writing or via the TELECOMMUNICATION TOOL and the records of the notifications are kept by TURK. In case the USER claims that a PAYMENT TRANSACTION has not been authorized or that the transaction has not been performed correctly, TURK is responsible for proving that this transaction has been approved by the USER, correctly recorded and processed into the accounts. In the event that the PAYMENT TRANSACTION is proven to have been performed without authorization by the USER or in error, in cases where the payment service provider of the USER, who has the title of SENDER, is TURK, TURK shall immediately return the amount related to such PAYMENT TRANSACTION to the SENDER or return the debited E-MONEY ACCOUNT to the previous liable for the balance.
h) In case of use of a lost or stolen INSTRUMENT OF PAYMENT or the use of the INSTRUMENT OF PAYMENT by others due to failure to properly maintain personal security information, the USER is responsible for up to 150 TL of the damage arising from the payment transactions that the USER has not authorized. The USER shall not be responsible for any unauthorized PAYMENT TRANSACTIONS that occur after the notification made. However, if the USER uses the INSTRUMENT OF PAYMENT fraudulently and fails to fulfill its obligations willfully or grossly negligently, it is going to be liable for all the damage arising from the unauthorized transaction.
i) The USER, who has the title of SENDER,may not be held responsible for any unauthorized PAYMENT TRANSACTIONS that take place after the notification made to TURK due to the loss, theft of the INSTRUMENT OF PAYMENT or any transaction that took place against the USER will.
j) In the event that the USER, who has the title of SENDER, uses the INSTRUMENT OF PAYMENT fraudulently or fails to fulfill its obligations in the relevant article herein, which regulates its rights and obligations regarding the INSTRUMENT OF PAYMENT, willfully or grossly negligently, it is responsible for all the damage arising from the unauthorized PAYMENT TRANSACTION.
k) In PAYMENT TRANSACTIONS where the PAYMENT ORDER is given by the RECEIVER or through the RECEIVER, if the RECEIVER proves that the PAYMENT SERVICE provider has correctly sent the PAYMENT ORDER to the PAYMENT SERVICE provider of the SENDER, the PAYMENT SERVICE provider of the SENDER is responsible for the correct execution of the PAYMENT TRANSACTION. The PAYMENT SERVICE provider of the SENDER returns the unfulfilled or incorrectly realized part of the PAYMENT TRANSACTION to the SENDER without delay and updates the balance of the E-MONEY ACCOUNT. In the PAYMENT TRANSACTION that is not performed or performed incorrectly, where the PAYMENT ORDER is given by the RECEIVER or through the RECEIVER, it determines the reasons for the PAYMENT TRANSACTION that is not performed or is performed incorrectly, upon request, and informs the RECEIVER of the result, regardless of whether the PAYMENT SERVICE provider of the RECEIVER is responsible for the non-performance or erroneous execution of the PAYMENT TRANSACTION.
l) In the PAYMENT TRANSACTION authorized by the RECEIVER or initiated through the RECEIVER, if the exact amount of the PAYMENT TRANSACTION is not specified at the time of authorization within 2 (two) months from the date of the relevant PAYMENT TRANSACTION, and the actual amount of the PAYMENT TRANSACTION exceeds the anticipated amount, taking into account the expenditure history, contract terms and other relevant issues, the USER may request a refund up to the amount of the PAYMENT TRANSACTION provided that the relevant goods or services have not been consumed. TURK has the right to demand from the USER to provide factual evidence regarding his/her claim. However, in case the approval regarding the PAYMENT TRANSACTION is given directly to the USER or the USER is notified at least 1 (one) month before the payment should be made, the USER cannot demand any refund for the related PAYMENT TRANSACTION. In cases where a refund request can be made pursuant to this article, TURK shall make the payment within 10 (ten) Business Days or notify the refusal decision along with the reasons, indicating the legal remedies that the USER can apply.
m)The USER accepts, declares and undertakes not to use the services provided hereunder for illegal and unethical purposes and for the purpose of supplying illegal or immoral products or services. In the event that the USER violates this Contract, especially this article, TURK may suspend the Contract and the services provided hereunder until the violation is resolved.
n)The USER accepts, declares and undertakes not to use the services provided hereunder for illegal and unethical purposes and for the purpose of supplying illegal or immoral products or services. In the event that the USER violates this Contract, especially this article, TURK may suspend the Contract and the services provided hereunder until the violation is resolved.
ARTICLE 6-Intellectual Property
Hereby, TURK does not provide the USER with the right to use any intellectual property rights such as transfer or license. Any subject, element and use of intellectual property rights belonging to TURK and/or at the use of the USER shall only be possible and limited to this if there is a written and express agreement in this context.
ARTICLE 7- Force Majeure
Human and natural disasters, war, mobilization, fire, strike, lockout, temporary withdrawal of TURK's operating license in line with licensing that do not exist at the date of signing of the Contract, occur outside the control of the Parties and are unpredictable, occur in a way and to a degree that temporarily stop the working opportunities of the Parties or a single Party, partially or completely, are considered force majeure. The Party exposed to force majeure immediately notifies the other Party in writing and the performances of the Parties are suspended during the force majeure period. When force majeure disappears, the contract continues from where it left off. The obligations of the Party whose rights are not exercised during the force majeure period shall also be suspended. If the force majeure event lasts for more than 90 (ninety) days, the Party whose rights have been violated may terminate the Contract without compensation.
ARTICLE 8- Term of the Contract
The Agreement shall enter into force on the date of signature and remain in effect unless terminated as specified herein. .
ARTICLE 9- Termination of the Contract
This Contract shall be in force unless any of the parties gives written notice of its will to terminate. In case the USER fails to fulfill any of its obligations arising from this Contract in a timely manner, or in case of any breach of the Contract, TURK may disable the INSTRUMENT OF PAYMENT, terminate the Contract and demand the full payment of the debt together with its accessories and the return of the INSTRUMENT OF PAYMENT. The USERS are obliged to not use the INSTRUMENT OF PAYMENT after TURK's notification and return it to TURK. The USERS can terminate the Contract at any time by notifying TURK in writing 30 (thirty) days in advance and at the same time returning the INSTRUMENT OF PAYMENT and paying all the debt together with its accessories. TURK reserves the right to terminate this Contract by notifying its USERS at least 60 (sixty) days in advance. Following the termination of this Contract, TURK's receivables from the USER are collected by consent, if this is not possible, through legal remedies.
ARTICLE 10- Competent Court and Settlement of Disputes
The parties declare, accept and undertake that Ankara Courts and Enforcement Offices are authorized in case of a conflict.
