1. PARTIES
This Distance Sales Agreement ("Agreement");
Center Sakarya University Sakarya Technology Development Zone Esentepe Mah. Akademiyolu Sk. 10 / B 101 Serdivan / SAKARYA / TURKEY, registered to Gümrükönü tax office, UBF Soft Software & Consulting Inc. (hereinafter referred to as "Seller") and {{first_name}} {{last_name}} {{last_name}} ({{company_name}}) (hereinafter referred to as "Buyer") (hereinafter referred to as "Buyer") has been signed electronically and is subject to the following terms and conditions.
2. DEFINITIONS
The terms used in this agreement shall have the following meanings:
a. Service: An annual subscription service for digital coding and encoding tools offered by the Seller through the website www.ubfencoder.com.
b. Buyer: The natural or legal person who purchases the digital service offered by the Seller.
c. Agreement: This Distance Sales Agreement.
d. Platform: www.ubfencoder.com website and related infrastructure.
3. SUBJECT AND SCOPE OF THE CONTRACT
The subject of this contract is to determine the rights and obligations of the parties regarding the sale and delivery of the service whose qualifications and sales price are specified below, which the Buyer ordered electronically from the www.ubfencoder.com website of the Seller.
The Agreement has been prepared in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
4. BASIC QUALITIES OF THE SERVICE
4.1. Name of Service: UBFEncoder Software Annual Subscription Service
4.2. Amount of Service Received: {{product_amount}} Quantity UBFEncoder Annual Use License
4.3. Start and End Date of the Service: {{sales_date}} - {{exp_date}}
4.4. Content of the Service:
The user receives the right to use the UBFEncoder encryption application for one year.
The receiver has access to all encoding, encoding and transcoding tools on the platform.
The service is a digital product and no physical delivery is made.
4.5. Subscription Period: 1 Year (starts from the date of purchase of the Service and is valid for 365 days)
4.6. Updating and Improvement: The Seller reserves the right to continuously improve and update the service.
5. PRICE AND PAYMENT TERMS
5.1. Price of the Service: {{product_paymentprice}} (including VAT).
5.2. Payment Methods: The Buyer may pay the service fee by credit card, bank transfer or other digital payment methods. The accuracy and security of the information used during payment is the responsibility of the Buyer.
5.3. Time of Payment: The buyer is obliged to pay in advance the amount specified at the time of order. The subscription period will start when the payment process is completed.
5.4. Additional Fees: The service fee includes VAT. However, taxes, duties or other legal obligations that may arise in the country where the Buyer is located belong to the Buyer.
6. DELIVERY AND USE OF THE SERVICE
6.1. Since the service is provided in a digital environment, delivery will be provided with the product license that the Buyer can see and use when he/she logs in with his/her membership on the www.ubfencoder.com platform. When the product license is created at the time of purchase and defined to the buyer's membership, the service is deemed to be made available and delivered to the Buyer.
6.2. The Buyer may start using the service by logging into the system with membership information.
6.3. The Buyer purchases the service for its own use only and may not transfer or share it with third parties.
6.4. Even if the Buyer cancels his/her membership during the one-year period starting after the purchase of the service, the price paid is not refundable.
7. RIGHT OF WITHDRAWAL
7.1. Pursuant to the Regulation on Distance Contracts issued within the scope of the Law No. 6502 on the Protection of Consumers, "The right of withdrawal cannot be used in contracts regarding services performed instantly in electronic media or intangible goods delivered to the consumer instantly". Since the subject of this Agreement is the services, products or licenses offered in electronic media, the BUYER has no right of withdrawal arising from the law under this Agreement.
8. LIABILITY, WARRANTY AND SCOPE OF SERVICE
8.1. The Seller undertakes to provide the service in an uninterrupted and reliable manner. However, interruptions caused by the Buyer's internet connection, hardware and software problems are not the responsibility of the Seller.
8.2. The Seller is obliged to intervene in technical problems in the system as soon as possible.
8.3. The Buyer agrees to use the service only for legal personal or corporate use. The Seller reserves its legal rights in cases of unauthorized use and sharing.
8.4. The software, infrastructure and content used in the provision of the Service are the property of the Seller and may not be copied without permission.
8.5. The Buyer agrees in advance that he/she will not reverse engineer the use of the www.ubfencoder.com platform and UBFEncoder encryption and decryption software or take any other action to find or obtain their source code, otherwise he/she will be liable for damages arising before 3rd parties and that legal and criminal proceedings will be taken against him/her.
8.6. The Seller does not guarantee that the unique encryption algorithms and techniques used in the UBFEncoder encryption application, which is the service it offers, cannot be decrypted.
8.7. The Buyer is responsible for the download, installation and use of all products and services purchased or provided free of charge through www.ubfencoder.com. The products and services purchased, offered as Demo or publicly available must be used as downloaded from www.ubfencoder.com and for the intended use. UBF Soft Yazılım Danışmanlık Sanayi ve Ticaret Anonim Şirketi cannot be held responsible for errors and harmful consequences caused by changing and using the content, brand name, logo and working structure of the products and services it offers in digital environments.
9. FORCE MAJEURE
In extraordinary circumstances considered as force majeure (natural disasters, war, terrorist incidents, technical infrastructure collapse, etc.), the Seller may not be able to fulfill its obligation to provide the service. In this case, the parties cannot claim mutual responsibility for the damages incurred.
10. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
10.1. Personal information provided by the Buyer shall be used solely for the purpose of providing the service. This information will not be shared with third parties except for legal obligations and obligations.
10.2. The Buyer has the right to request the deletion of personal data within the scope of the Law No. 6698 on the Protection of Personal Data (KVKK).
10.3. The Buyer agrees that the Seller may only share the Seller's personal data with legal obligations and legally authorized institutions.
11. TERMINATION OF CONTRACT
11.1. The Seller has the right to unilaterally terminate the contract in the event of the Buyer's behavior contrary to the terms of the contract.
11.2. The Buyer may terminate the contract from the date the service is started to be provided if he is not satisfied with the service. In the event that the contract is terminated by the Buyer or the Seller due to the fact that the contract is a service performed instantly in electronic environment within the scope of the right of withdrawal specified in Article 7 of this contract, the fee is not refunded.
12. DISPUTE RESOLUTION
Any dispute arising out of this contract shall be resolved in accordance with the laws of the Republic of Turkey. Consumer Arbitration Committees and Consumer Courts in the Buyer's place of residence are authorized.
13. ENFORCEMENT
This agreement enters into force from the date of purchase by the Buyer by purchasing the UBFEncoder encryption application from the www.ubfencoder.com platform by approving this agreement.
Seller Information:
UBF Soft Software & Consulting Inc.
Address: Sakarya University, Sakarya Technology Development Zone Esentepe Mah. Akademiyolu Sk. 10 / B 101 Serdivan / SAKARYA
E-mail: info@ubfsoft.com
Telephone: +90 (850) 302-5560
Tax Office and No: Gümrükönü / 8830902995
Buyer Information:
Name-Surname: {{first_name}} {{last_name}} ({{company_name}})
Address: {{address}} {{city}} {{country}}
Email: {{email}}