ARTICLE 1: PARTIES AND DEFINITIONS
This agreement was entered into on …/…/…/…… with its commercial centre at Altıeylül Mh. Cigdem Sk. No:20/1B Altıeeylülül-Balıkesir and CAT BİLİŞİM YAZILIM DEVELOPMENT TECHNOLOGIES (hereinafter referred to as CATS) and …………………………………… (hereinafter referred to as CUSTOMER) located at …………………………………….
ARTICLE 2: SUBJECT OF THE CONTRACT
This contract covers the service of CATS to prepare the software that the CUSTOMER needs in order to carry out all the software services that the CUSTOMER needs in order to carry out business processes, in-house management systems, tracking systems, etc. in short, while continuing its commercial activities.
ARTICLE 3: OBLIGATIONS OF THE CUSTOMER
3.1. The CUSTOMER is obliged to supply the server (server / hosting) system where desktop and web-based software will be installed and the hardware / software requirements necessary for the operation of this system. If the customer requests the hosting service and domain name registration from CATS, it will be calculated on the fee table of that year and the additional fee will be reflected in the contract price.
3.2. During the software period, the customer must supply or have supplied the information, documents and written documents requested by CATS. CATS cannot be held responsible for the delay caused by the failure of the customer to provide the necessary documents on time.
3.3. The CUSTOMER accepts and declares that the copyright of the special software techniques used in the software produced by CATS belongs to CATS and that these software will not be reproduced and distributed in any way.
3.4. The CUSTOMER accepts and declares that all ideas, thoughts, expressions, comments and writings expressed by him/her belong to him/her and that CATS is not responsible in any way.
ARTICLE 4: OBLIGATIONS OF CATS
4.1. It is obliged to prepare the software required by the Customer.
4.2. It is obliged to correct software errors and problems that may occur regarding the services provided to the Customer within 1 week. No fee will be charged for these corrections.
4.3. For simple changes in the existing sections in the design prepared for the customer (corrections that do not require complete design and code/block/div changes), CATS declares that it will integrate the necessary arrangements and additions into the system as soon as possible after completing the necessary work. No fee will be charged for these corrections.
4.4. For additional design (corrections requiring design and code changes, page additions) requested by the customer, CATS declares that it will integrate the necessary arrangements and additions into the system for an additional fee as soon as possible after completing the necessary work.
4.4. The customer is obliged to integrate the business processes in software and is obliged to fulfil the desired functioning.
ARTICLE 5: CONFIDENTIALITY AND SECURITY
Both CATS and the CUSTOMER must respect each other’s confidentiality rules. All information that does not have to be shared with third parties and is not already accessible to other persons must be considered confidential and must not be shared with other persons.
5.1. CATS, File Transfer Authority (FTP), Database, Management Control Panel passwords and the information and private information stored in the software content and database will not be shared with third parties and organisations.
5.2. CATS shall not be liable for any damages that may arise in the event that the passwords fall into the hands of third parties or organisations due to any intent, negligence or fault of the CUSTOMER, its employees.
ARTICLE 6: VALIDITY OF ELECTRONIC RECORDS
Electronic correspondence records such as e-mails, instant messages and faxes made between the parties and by the authorities of the parties are considered as legally valid evidence and 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 accept, declare and undertake that the notifications to be made to these addresses shall be deemed to be valid, duly and duly made to them unless they notify the other party of any changes in these addresses through a notary public or by registered letter with return receipt requested.
ARTICLE 8: GUARANTEE
The warranty period will start from the date of publication of the software in working condition after the tests are completed in order to fulfil all kinds of desired functions and the total warranty period will be 1 year.
In the software to be meticulously developed by CATS and eliminated from possible errors during the testing phase, no fee will be charged for the correction of software or design errors that may occur within the 1-year warranty period or during the intervention and activation of the software in case the software does not work.
ARTICLE 9: COMPLETION & CANCELLATION OF WORK
If the preparation of the system will not be completed for any reason other than the Customer, CATS is obliged to refund all fees received.
10.1 When all functional and design products/works made for the Customer are delivered / presented to the Customer digitally or by e-mail after the contract, even if CATS has not completed / delivered 100% of the work, the customer will not demand the 50% prepayment part of the contract amount received in advance.
ARTICLE 11: PROJECT PURPOSE
It covers the preparation and presentation of the software to the customer and the installation start-up in line with the needs of the customer, which will continue the functioning of the institution in the best way both visually and technologically in accordance with today’s technology and will provide administrative margin.
ARTICLE 12: PROJECT STRUCTURE and PROCESS
CATS will ensure that the customer can follow the software production phase and the work done through the internet address to be provided to the customer.
ARTICLE 13: COMPETENT COURTS AND ENFORCEMENT OFFICES
Balıkesir Courts and Execution Offices are authorised to resolve any disputes that may arise from the implementation of this agreement. This contract consisting of 12 (twelve) articles has been drawn up in 2 (two) copies on …/…/…… and has been read and signed.
