Distance service contract

This document combines the pre-contractual information provided to you before payment with the terms of the contract. The order summary shown on the payment page and the written quote sent to you form an integral part of this contract.

Clause 1 · Parties

1.1 Service provider

Alican Turan (the “Service Provider”), whose details are set out below:

1.2 Customer

The natural or legal person who provides their name, contact and billing details on the payment page or when accepting a quote (the “Customer”). The Customer confirms that the details provided are accurate and up to date.

Clause 2 · Definitions

• Law: Consumer Protection Law No. 6502.
• Regulation: the Regulation on Distance Contracts.
• Consumer: a Customer acting for purposes outside their trade, business or profession.
• Quote: the document sent to the Customer in writing (by email or as a PDF) setting out the scope, stages, timeline and price of the service.
• Order summary: the service name, scope, total price including taxes and payment details shown on the payment page before payment.
• Payment page: the online payment page on the Site.
• Durable medium: any means, such as the email by which this document and the order summary are sent, that enables you to store information unchanged and reproduce it.

Clause 3 · Subject matter

The subject matter of this contract is to set out the rights and obligations of the parties in respect of the Customer’s purchase at a distance of the digital services specified in the quote or order summary (web design and development, e-commerce, custom software, SEO and performance work, and related maintenance and support services).

The main characteristics, scope, stages, delivery timeline and acceptance criteria of the service are set out in the quote. In the event of a conflict between the quote and this contract, the specific provision of the quote applies, provided that it is not to the detriment of the Consumer.

Clause 4 · Pre-contractual information and conclusion of the contract

• Before making payment, the Customer is informed by this document and the order summary of the Service Provider’s identity and contact details, the main characteristics of the service, the total price including taxes, the terms of payment and performance, the right of withdrawal and its exceptions, and the complaint and dispute resolution procedures.
• The contract is concluded when the Customer completes payment on the payment page after confirming that they have read this document, or when the Customer accepts the quote in writing (including by email) and makes payment.
• Confirmation of the contract, together with this document and the order summary, is sent to the Customer’s email address on a durable medium no later than before performance of the service begins.
• The contract, pre-contractual information and consent records are retained by the Service Provider for the period required by law; a copy is re-sent by email at the Customer’s request.
• The language of the contract is Turkish.

Clause 5 · Price and payment

• The price is stated in Turkish lira (TRY) in the quote and order summary. Prices shown to Consumers include all taxes, including VAT. Quotes to business customers may show VAT separately.
• Unless otherwise agreed in the quote, 50% of the price is payable on conclusion of the contract and the remaining 50% before go-live or delivery. For long-running projects, the quote may set out a staged payment plan.
• Payment may be made on the payment page through iyzico by credit, debit or prepaid card with 3D Secure authentication, or by bank transfer to the bank account specified in the quote.
• Instalment options are shown on the payment page depending on the card-issuing bank. If any instalment surcharge applies, it is clearly shown together with the total amount before payment.
• Card details are processed solely by iyzico; the Service Provider neither sees nor stores them.
• In the event of late payment, the Service Provider may suspend work by written notice until payment is made; this period is added to the delivery timeline.
• Final handover (delivery of the source code and administrator access) does not take place until the price has been paid in full. Domains and accounts registered in the Customer’s name belong to the Customer in all circumstances.

Clause 6 · Performance and delivery

• The service is performed electronically; there is no physical delivery and no shipping charge.
• Performance follows the timeline in the quote. Design and development outputs are submitted for approval via a preview link accessible only to the Customer.
• Delivery takes place when the service goes live with the Customer’s approval and/or the handover package (source code, administrator access, usage notes) is sent to the Customer, and is notified to the Customer by email. Details are set out in the delivery and refund policy.
• If content, approvals, access or payments expected from the Customer are delayed, the timeline is extended by the length of the delay.
• If the Service Provider becomes aware that it cannot perform within the committed period, it will notify the Customer without delay. In that case the Customer may withdraw from the contract; any amount paid for the unperformed part is refunded within 14 days at the latest.

Clause 7 · Obligations of the parties

7.1 Service Provider

• Performs the service with due care, in accordance with the quote and current technical standards, and with regard to Core Web Vitals targets.
• Keeps the Customer regularly informed of progress.
• Uses the information, content and access received from the Customer solely for the performance of the contract.

7.2 Customer

• Provides the content required for the service (text, images, logos, product information, etc.) on time and with the necessary rights of use; is responsible for ensuring that the content supplied does not infringe third-party rights.
• Gives feedback and approvals within a reasonable time.
• Unless otherwise stated in the quote, bears the costs of third-party services such as hosting, domains, paid plugins, licences and APIs.

Clause 8 · Intellectual property, source code and domain

• Upon payment of the price in full, the economic rights (adaptation, reproduction, distribution, performance and communication to the public) in the design and source code developed specifically for the Customer are assigned to the Customer without limitation as to time or territory. Until the price is paid in full, these rights remain with the Service Provider.
• Domains and hosting accounts are registered in the Customer’s name. For domains registered by the Service Provider in the Customer’s name, the transfer code is provided without delay on request.
• Open-source libraries, fonts, plugins and other third-party components are subject to their own licence terms; they are not covered by the assignment and are used in accordance with the relevant licences.
• General tools, code patterns and know-how that the Service Provider uses across projects remain with the Service Provider; the Customer may use them indefinitely as part of the delivered work.
• Unless the Customer objects in writing, the Service Provider may show the completed work and screenshots of it as a reference on its own website and in promotional materials. Confidential information is not disclosed in this context.

Clause 9 · Right of withdrawal

• The Consumer has the right to withdraw from the contract within 14 days without giving any reason and without paying any penalty. For service contracts, the withdrawal period begins on the day the contract is concluded.
• The Service Provider does not begin performing the service within the withdrawal period without the Consumer’s express consent. A Consumer who wishes work to begin immediately states this expressly by ticking the separate consent box on the payment page or in writing (including by email); this consent is recorded with its date.
• If the Consumer has not consented to an early start, performance begins after the withdrawal period has expired. If the Consumer withdraws within this period, the full amount paid is refunded without any deduction.

Clause 10 · Exceptions to the right of withdrawal

Under Article 15 of the Regulation, the right of withdrawal cannot be exercised in the following cases:

1. Services whose performance has begun, with the Consumer’s consent, before the withdrawal period expires (Art. 15(1)(h)). A Consumer who consents to an early start is deemed to have been informed that they lose the right of withdrawal once performance begins.
2. Goods prepared in line with the Consumer’s requests or personal needs (Art. 15(1)(b)); for example, design files and software prepared and delivered specifically for the Consumer.
3. Services performed instantly in electronic form and intangible goods delivered instantly to the Consumer (Art. 15(1)(ğ)).

These exceptions do not affect your statutory rights in respect of a defective service or your right to terminate the contract under clause 11.2.

Clause 11 · Notice of withdrawal, termination and refund

11.1 Notice of withdrawal

• Notice of withdrawal must be given within the period by a clear statement, by email to info@canturan.dev or in writing to Mehmet Akif Ersoy Mah. 2135. Sokak No: 14/5, Esenyurt / İstanbul. You may use the model form in the annex, but you are not obliged to do so.
• The Service Provider confirms receipt of the notice of withdrawal by email.
• The price is refunded within 14 days at the latest of the notice reaching the Service Provider, using the payment method used, in a single payment and at no cost to the Consumer.

11.2 Termination where there is no right of withdrawal or the withdrawal period has expired

The Customer may terminate the contract at any time before the work is completed by giving written notice. In that case:

• The price of the stages completed up to the date of notice and delivered to the Customer or submitted for approval, as determined by the stage plan in the quote, and any non-refundable third-party costs incurred on the Customer’s behalf (domain, licences, paid plugins, etc.) are set off.
• If the quote has no stage plan, the completed work is calculated as the ratio of the working time actually spent to the total estimated time in the quote, and presented to the Customer with an itemised breakdown and reasons.
• The remaining amount is refunded within 14 days at the latest of agreement being reached on the refund amount; the work whose price has been set off is delivered to the Customer.
• Apart from this calculation, no penalty, cancellation fee or further deduction applies.

11.3 How refunds are made

Card payments are refunded to the same card through iyzico; the time it takes for the amount to appear on the card account depends on the bank. Bank transfer payments are refunded to the account from which payment was made or to a bank account in the Customer’s own name that the Customer specifies.

Clause 12 · Defective service and support

• If the service does not have the characteristics stated in the quote, the Consumer may, under Article 15 of the Law, exercise one of the following rights: to have the service performed again, to have the defect remedied free of charge, to a price reduction proportionate to the defect, or to withdraw from the contract.
• In addition, the Service Provider fixes software bugs in the delivered work free of charge for 30 days from delivery. Changes made by the Customer or third parties, issues caused by hosting and third-party services, and new requests outside the scope are not covered by this support; a separate maintenance agreement may be made for them.
• This clause does not limit the Consumer’s statutory rights.

Clause 13 · Confidentiality and personal data

During and after the term of the contract, each party uses the other party’s confidential information (business strategies, access credentials, unpublished product information, etc.) solely for the performance of the contract and does not disclose it to third parties. Information that is publicly available or must be disclosed by law is excluded from this obligation. On request, a project-specific non-disclosure agreement is signed separately.

Personal data is processed in accordance with the KVKK data protection notice. Where data belonging to the Customer’s customers or employees is accessed in the course of the project, the Service Provider acts as a data processor solely on the Customer’s instructions.

Clause 14 · Force majeure

During events beyond the parties’ control, such as natural disasters, epidemics, war, terrorism, widespread infrastructure or internet outages, cyberattacks and decisions of public authorities, the affected obligations are suspended and performance periods are extended accordingly. The affected party notifies the other party without delay. If the force majeure event lasts longer than 60 days, either party may terminate the contract; in that case the refund principles in clause 11.2 apply.

Clause 15 · Business customers

Where the Customer is a merchant or purchases the service for commercial or professional purposes, the provisions of the Law and the Regulation relating to consumers, including the right of withdrawal, do not apply; the quote and the provisions of this contract that are not specific to consumers govern the relationship between the parties. In that case the Istanbul (Central) Courts and Enforcement Offices have jurisdiction over disputes.

Clause 16 · Complaints and dispute resolution

• Complaints and requests may be sent to info@canturan.dev or to Mehmet Akif Ersoy Mah. 2135. Sokak No: 14/5, Esenyurt / İstanbul. We reply within 1 business day and aim to resolve the issue as quickly as possible.
• Within the monetary limits announced each year by the Ministry of Trade, the Consumer may apply to the Consumer Arbitration Committee at their place of residence or where the consumer transaction took place; for disputes exceeding these limits, to the Consumer Courts. Applications to arbitration committees can also be made online via e-Devlet through the Consumer Information System (TÜBİS).
• Where the law so provides, applying to a mediator is a precondition for bringing an action before the consumer courts.

Clause 17 · Notices

Notices between the parties are sent to the email addresses provided in the quote or on the payment page; email counts as written notice. Unless a change of address has been notified to the other party, notice sent to the previous address is valid.

Clause 18 · Entry into force

This contract, consisting of eighteen clauses and one annex, is concluded and enters into force when the Customer gives electronic consent on the payment page or accepts the quote and makes payment. Matters not covered by this contract are governed by the Law, the Regulation, Turkish Code of Obligations No. 6098 and other applicable Turkish legislation.

Annex · Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.