User Agreement Print
Effective: January 1, 2021
This User Agreement (“Agreement”) is signed by Fonzip Yazılım A.Ş. (“Company”) and the legal entity (“Customer”) registered to use the Fonzip online software service (“System”). The Agreement will enter into force upon its electronic acceptance by the Customer or the Authorized User designated by the Customer; Unless terminated by the parties in accordance with the procedures specified in the Agreement, it will remain in effect and will continue to be renewed in the following periods of use (calendar month).
2. Subject and Scope of the Agreement
3. System Usage and Scope
Fonzip is an online membership, fundraising, event and collection management system for non-profit organizations and companies such as non-governmental organizations, associations, foundations. In this context, the Customer may use the System with its own data in order to realize the purposes of using the System. E.g; A Customer, whose legal entity is an association, must first enter the personal information of the members and the donations and dues debit/credit information of these members in the System in order to collect their membership fees online with a credit card. Fonzip, that is, the System, is an online service for the Customer, and the way of use, responsibility and ownership of the data entered in the System and all responsibility for them belong entirely to the Customer. The customer accepts that he has obtained the necessary approvals for the use and transfer of the data mentioned in this article to the System.
The service provided under this Agreement is not a payment service in any way, but a system is provided by the Company to the Customer for the management of collections.
4. Rights and Obligations of the Parties
4.1 The Customer declares that he/she knows that he/she must approve this Agreement by providing the information requested by the Company in a complete, accurate and up-to-date manner in order to benefit from the System. The Company is not responsible for the inability to access the System due to incomplete or untrue information or outdated information, and the consequences that may arise from this.
4.2 The Customer may authorize a third party and/or persons (“Authorized User”) to use the System from time to time. Who the Authorized User will be and the authorization level within the System will be determined by the Customer. The Customer is responsible for the Authorized Users' use of the System, and will always control the Authorized Users' access to the System, and may always change the Authorized User's access level to the System and without any reason, or cancel their access. If a dispute arises between the Customer and the Authorized User regarding access to the System, the Customer shall make the decision regarding the Authorized User's access to the System and the level of access.
4.3 In the event that the Customer's account is terminated upon the request of one of the parties, all information of the Customer (excluding credit/debit card information) in the System will be exported in XLS/XLSX format and sent to the Customer's e-mail address registered in the System. The Company reserves the right to refuse the opening of a Customer's account, to suspend or terminate an existing account, at its sole discretion, without any justification.
4.4 The Authorized User determined by the Customer will be able to access the System using his e-mail address and password. The Customer will be responsible for the protection of the confidentiality and security of this password, and any activity performed through the use of the said information on the System will be deemed to have been carried out by the Customer, and any legal and criminal responsibility arising from these activities will belong to the Customer. When the Customer becomes aware of the unauthorized use of the account or password of the Authorized User or any other breach of security, it shall immediately notify the Company of this situation.
4.5 The Customer agrees and undertakes that he will only use the System for his legal activities, and that he will act in accordance with this Agreement, its annexes, the current legislation and other terms and conditions stipulated in the System regarding the System. The Customer will be able to use the System on behalf of the third party as long as it is authorized to provide services to third parties. In this context, the Customer will ensure that such persons act in accordance with this Agreement and all other provisions applicable to it.
4.6 Any content (“Content”) transmitted by the Customer to the System, including any payment information and other User information required for collection from Users, is the property of the Customer and all responsibility for the Content belongs to the Customer. . The Company bears no responsibility for compliance with the law, accuracy of the Content, preparation and delivery of donation and subscription receipts, payment of invoices, collection, financial transactions and tax reporting. It is the sole responsibility of the Customer to obtain the necessary permissions from the Users in order to ensure compliance with the relevant legislation on dues and donations, aid collection law, tax and other issues, to benefit from the System and to use the User's information to benefit from the System. In this context, the Company accepts that it is not the addressee of any claims or demands made by third parties, including the Users , and that such claims and demands will be directed to it. The Customer agrees that the Company may delete the Content from the System and/or cannot share it with the Customer based on the requirements arising from the applicable legislation, especially the legal regulations, and that the Company is not responsible for any damages that may occur in this context, including lost data.
4.7 The Customer acknowledges that his use of the System may be subject to restrictions, including monthly transaction and storage volumes. Such restrictions will be stated within the System or on fonzip.com.
4.8 In the event that communication tools (such as forums, chat tools or message center) are provided to the Customer through the System, the Customer declares and undertakes to use these communication tools only within the framework of lawful purposes. The purpose of the System, including the sale of products and services, e-mails sent without the consent of the other party, files that may harm third parties' software and computer systems, content that is insulting to other users or all kinds of illegal content. will not use it to share materials other than The Customer undertakes that it has the authority to do so in terms of any communication it performs through the System. The Company has no obligation to check the conformity of the communications made over the System or whether they are for the intended use of the System.
4.9 The Company has the right to revise this Agreement and its annexes, and if this right is exercised, the relevant changes will enter into force with the next usage period of the Customer. The company will inform within the system at least 5 days before the next usage period starts about the changes that will come into effect in the next usage period and will notify the registered e-mail addresses of the Authorized Users. If the Customer does not accept such changes, the Authorized User must ensure that the membership is not renewed in the next usage period by using the Stop Membership button from the Membership and Payment Preferences menu in the Fonzip system.
4.10 The Customer cannot in any way transfer or assign the Customer account and its rights and obligations arising from the use of the System with this Agreement.
4.11 The Company shall have the right to suspend the Customer's membership or terminate the Agreement, in case the Customer violates the terms and conditions of this Agreement and the other terms and conditions within the scope of the System, as well as the statements and commitments within this scope.
5. Fees and Payment Conditions
5.1 The Customer may benefit from the System only in return for paying the fees declared in the System in full and in full with the payment terms and means declared in the System.
5.2 The Customer will be able to use the System free of charge for the period to be specified at www.fonzip.com . Before the trial period ends, the customer can determine which paid membership type his membership will continue in the System, and if the customer does not make a choice, the membership will be terminated automatically. During the paid membership period, the customer can make changes to the membership package from within the System. Fees for the System, payment terms, and the effective dates of the fees will be announced in the relevant sections of the Site. Changes to be made in the fee and payment conditions of the membership package during the Customer's membership period will not be applied until the end of the Customer's usage period, and the new fees and payment conditions will be valid at the start of the new usage period.
5.3 Unless the Customer does not renew the subscription in the next usage period until the end of the usage period applied according to the calendar month, by clicking the Stop Membership button in the System, the Customer's membership will be automatically renewed at the end of each usage period.
5.4 At the end of the usage periods, the Company will create the invoice regarding the usage fees and the Customer will be able to access these invoices from within the System. The user shall pay the relevant amount on the invoice until the due date specified in the invoice. The Customer is responsible for paying taxes and duties related to the fees involved. In case the invoices are not paid by the specified payment deadline, automatic renewal of the Customer's membership for the next usage period may be stopped by the System. Afterwards, if the Customer does not have an overdue debt as a result of the payments made and the Customer does not press the Stop Subscription button in the System, the Customer's paid membership package is automatically renewed from where it left off.
5.5 The pricing for the use of the system is determined in the System or at www.fonzip.com, unless it is determined by the annex of this contract.
6. Intellectual Property Rights
6.1 All rights, ownership and interests on the system belong to the Company. Within the scope of this Agreement, a worldwide, royalty-free, non-transferable and non-exclusive license is granted to the Customer to use the System. Nothing in the Agreement and other terms of the System can be interpreted as transferring the rights and benefits of the System to the Customer. Within the scope of this Agreement, the Customer grants the Company the right to use, copy, transmit, store and back up the information and Content for the Customer's access to the System, use of the System and other purposes for the provision of services. The Company has the right to sublicense the Content to third party developers for the purpose of providing services. (such as BRSA licensed payment service and e-mail service providers)
6.2 The Customer does not have the right to copy, modify, reproduce, reverse engineer, decompile or otherwise access the source code of the software on the System, or create work from the System, in any way or for any reason.
7. Limitation of Liability
7.1 The software and other content of the System are provided "AS IS" and in this context, the Company has no responsibility or commitment regarding the completeness of the System, software and content. The Customer understands and agrees that the Company also makes no commitments regarding the interrelationship of Content and other Customer data. The Company does not undertake that the use of the System is uninterrupted and error-free. Although the Company aims to make the System accessible and usable 24/7, it does not guarantee the functionality and accessibility of the systems that provide access to the System. The Customer agrees that access to the System may be blocked or interrupted from time to time. The Company rates the period of access interruption by the Customer to the monthly usage period and reflects this rate as a discount to the monthly usage invoice, if requested by the Customer . If the calculated discount amount is greater than the invoice amount, it will be reflected in the next month. If the contract is not renewed in the next usage period, it is paid to the institution against an invoice.
7.2 The Customer and its Users are solely responsible for the use of the System with the content they upload. Customer agrees to be free from any allegations and claims (including litigation costs and attorney's fees) by third parties regarding intellectual property violations, content, application and use of the System.
7.3 The parties are only liable for the damage caused by the other party's gross negligence and intent, as judged by the Court.
8. Enforcement and Termination of the Agreement
8.1 This Agreement will enter into force upon acceptance by the User in electronic form and will remain in effect unless terminated by either party as stated below.
8.2 The Customer may unilaterally terminate this Agreement by stopping the renewal of the membership in the next period of use by using the panel in the System. The Company, on the other hand, may terminate the contract unilaterally by stopping the renewal of the Client's contract in the next usage period, with a digital notification to the Client 1 (one) week in advance.
8.3 If one of the parties does not fully and duly fulfill its obligations arising from this Agreement and the said contradiction is not remedied within the given time despite the written notification to be made by the other party, this Agreement may be terminated by the party making the notification. If the said breach is committed by the Customer, the Company shall have the right to suspend the Customer status until the breach is resolved. In case the Customer violates the applicable legislation, the Company may terminate the Agreement with immediate effect for just cause.
8.4 Termination of the Agreement shall not remove the rights and obligations of the Parties that have arisen until the date of termination. Upon termination of the Agreement, the Customer is responsible for all fees and expenses incurred up to that date and will not be able to use the System as of the date of termination.
9. Miscellaneous Provisions
9.1 The invalidity, illegality and unenforceability of any provision of this Agreement or any statement contained in the Agreement shall not affect the validity and enforceability of the remaining provisions of the Agreement.
9.2 This Agreement is a whole with its annexes. In case of any conflict between the contract and its annexes, the provisions in the relevant annexes shall prevail.
9.3 The customer will be contacted via the e-mail they provided while registering or through the general information in the System. Communication by e-mail takes the place of written communication. It is the Customer's responsibility to keep the e-mail address up to date and to regularly check the System for information.
9.4 Turkish Courts and Enforcement Offices shall prevail in disputes arising from this Agreement and its annexes.