Service Agreement - MO Agency - Web Design and Digital Marketing
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Service Agreement

Service Agreement

1. Parties

1.1- This agreement between MO Agency (referred to as MO Agency) that provides the services (referred to as the Services) specified in the services section of this contract and the person/institution (referred to as the Customer) whose details are specified in the Customer registration section; and states that the use of the website (referred to as the Site) operating on the internet address and the services to be purchased through this site will be performed under the following terms and conditions.

1.2- The Parties declare, accept, and commit the trueness of the information contained in this contract.

2. Subject

2.1- You can become a member of the website by providing the necessary information and make use of its Google AdWords services offered on the corresponding website with your credit card information upon creating a budget by transferring from your bank account to MO Agency or by making promotional shopping. The requested product and/or service features (keywords, hours of advertisement, countries, provinces, and requested budget) will be determined according to your requests with the application form on the corresponding website or by phone/e-mail interviews.

2.2- It is the value offered by MO Agency on the website and purchased by the Customer (Google Ads). MO Agency can make changes and/or adaptations on the site at any time they wish so.

2.2- This contract regulates the issues that the customer is or is not allowed to do in accordance with the information they give in the registration process, transactions on the site, orders, and messages sent, and the fees to be paid to MO Agency in return for the services they will receive in accordance with their preferences in the orders. These service and transaction remarks are as follows.

2.3- Membership information is the information given by the customer during membership. Since this information will be taken as a basis for the transactions made, it is assumed that the customer and the member have entered this information completely and correctly with no errors.

3. Performance

The services provided on the Site are performed in an electronic environment.

4. General Provisions

4.1- The Customer declare that they have read and learned the preliminary information regarding the basic characteristics, sales price and payment method, and performance of the subject matter services on the Site and have given the necessary confirmation in an electronic environment. By confirming the Preliminary Information electronically, the Customer confirm that they have fully and accurately obtained the address to be given to them by MO Agency, the basic characteristics of the service, the price of the service in Turkish Lira including taxes, and the payment and performance information.

4.2- If MO Agency fail to fulfill its contractual obligations if the service subject product or service becomes impossible to perform, they notify the consumer about this situation before the contractual performance obligation expires and returns the total fee to the Receiver within 10 days.

4.3- It is obligatory to confirm the Preliminary Information Form electronically for the delivery of the product. If for any reason, the service fee is not paid or canceled in the bank records, MO Agency is deemed to have been released of the obligation to perform the service.

4.4- If the bank or financial institution does not pay the service fee to MO Agency, not because of the Customer’s fault but due to the unfair or unlawful use of the Customer’s credit card by unauthorized persons after the performance of the service then the Customer shall be liable to compensate the loss suffered by MO Agency.

4.5- While using the services of the Site and performing any transactions related to the services on the Site, the Customer shall act in accordance with all the terms in this contract, the rules specified in the relevant sections of the Site, all applicable legislation, and all conditions stated on the site and in this contract; and confirm that they have understood and acknowledged the rules.

4.6- MO Agency cannot share the Customer’s information, which they obtained in accordance with the Terms of Use and Privacy Policy of the Site, with third parties; and cannot make this information the subject of sales. In cases where the Customer are obliged to disclose such information to the official authorities in accordance with the provisions of the mandatory legislation in force, they are authorized to disclose the confidential/private/commercial information of the Customer to the official authorities if they are duly requested by the official authorities.

4.7- The Customer accept and commit that the information they provide within the Site is correct and legal. Just as MO Agency are not liable and responsible to investigate the accuracy of the information transmitted to themselves by the Customer or entered via the Site and not to commit and guarantee that such information and content is safe, correct, and lawful; they also cannot be held responsible for any damages that may arise due to incorrect or inaccurate information.

4.8- The Customer cannot transfer this Contract or their rights and obligations under it to any third party, in whole or in part, without the written consent of MO Agency.

4.9- In all cases legally considered as force majeure, the Parties are not liable for the late or incomplete performance or non-performance of any of their obligations determined by this Contract. These and similar situations will not be deemed as delay, incomplete performance, non-performance, or obstinacy for the parties, or no compensation can be claimed from the Parties for such situations. The term force majeure will be interpreted to include but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages, and bad weather conditions including Google Account Investigations, and events that are unavoidable and beyond the reasonable control of the relevant Party despite its due diligence.

5. Term

5.1- This Contract is agreed on the internet environment once the Customer declare that they read and accept it during the execution of the order and payment transactions to MO Agency via the internet, and its provisions and conclusions come into effect from then on.

5.2- The Contract expires when the sum of money raised by the Customer as per the procedure explained in Article 2 finishes.

6. Price

6.1- The Customer enrolling in MO Agency determines the price of the services defined in this Contract. In other words, the services are provided in return for the sum of money raised as per the manner outlined in Article2, and they are cut when that money finishes. The sum and accordingly, the price of the defined services, are determined by the Customer within the limits of the system being used. The VAT is separately calculated and added, then the final price is showed to the Customer and collected.

6.2- MO Agency reserve their right to make prospective changes on tariffs and prices without prior notice. The Customer accepts, declares, and commits to comply with such possible changes in advance.

6.3- MO Agency reserve their right to suspend and resume the corresponding services until the Customer completes the payment process.

7. Right of Withdrawal

The Customer has the right to withdraw from the Contract within 7 days. The start of this period is the date the service contract is agreed upon. The Customer who wishes to exercise their right of withdrawal must notify the Seller in writing by registered mail, fax, or e-mail within 7 days. Before the expiry of the right of withdrawal, the Customer cannot use the right of withdrawal and cannot demand the fee paid for the services where the performance of the service has started with their consent.

8. Suspension

In case of problems in payment, MO Agency reserves the right to suspend all services provided to the Customer due to authorization hold problems or articles regarding the provisions and obligations for customers who have a credit card payment order.

9. Termination

If the Customer do not fulfill their obligations arising from this Contract as specified hereby, MO Agency can terminate the agreement without any time limitations. In addition, depending on the changes in the work models and with a completely unilateral decision, MO Agency may stop offering the product/service subject to this Contract to its Customers and may terminate the service provision. In this case, the amount paid by the Customer in advance, if any, will be returned to them according to the partial usage calculation, and the Customer will not have the right to demand any other payments under any title.

10. Contact and Information Address

10.1- The Parties have accepted, declared, and committed to the mailing addresses specified in the member address as the legal residence for all kinds of notifications arising from the Contract.

10.2- All kinds of notifications made to these addresses shall be deemed to be delivered even if they are not received by the Parties. Unless the changes in these addresses are notified to the other Party in writing, the former addresses will be valid.

10.3- MO Agency may send messages, information, letters, warnings, payment notifications, account movement schedules, account statements to the e-mail address allocated to the Customer within the Contract term. The Customer cannot claim that the electronic messages in question were not received or taken; and declares, accepts, and commits that the said messages will be deemed to have been legally notified after 1 day they are sent.

11. Authorized Courts and Enforcement Offices

11.1- This Contract consists of 10 articles including this one and sub-titles, and has been read, understood, and signed by the Parties. (The Contract is deemed to have been realized when the order is approved and sent to MO Agency on the internet). MO Agency can add, remove, or make changes on new articles and/or sub-titles if they deem necessary. The Customer declare and commit that they have accepted these changes in advance.

11.2- Bursa Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this Contract.