Article 1. PARTIES
This Customer Membership Contract ( "Contract");is concluded between;
SUPER NOVA and CUSTOMER shall be referred to separately as "Party", and together as "Parties" under this Contract.
Article 2. PURPOSE AND SUBJECT
SUPER NOVA https://sociality.io provides a service to its CUSTOMER by creating a software for social media content management services on its internet site ("Web Site") at https://sociality.io This Contract is concluded to establish a membership relationship between the SUPER NOVA and the CUSTOMER regarding the Website. The scope and the implementation provisions relating to membership are determined in agreement between the Parties in respect of the matters governed by this Contract.
This Contract has been prepared to establish the mutual rights and obligations of the Parties within the established service.
Article 3. SERVICE SCOPE
The following services will be offered to the Customer within the scope of the monthly corporate membership established by this Contract:
Article 4. DEFINITION AND CONTENT OF SERVICES
The explanations for the scope identified in Article 3 are as follows:
4.1. Social Media Page (Account) Management: Expresses that the Customer will be able to create and manage Twitter, Facebook, Youtube, Instagram and Linkedin social media pages (accounts) in the Website provided by Super Nova.
4.2. Brand Management: Expresses that the Customer can create and manage a brand account on the Web Site provided by Super Nova.
4.3. User Management: Expresses that the Customer can create and manage a user account with different sub-roles on the Web Site provided by Super Nova.
4.4. Content Management: Refers to all functions that are opened or to be opened to the use of the CUSTOMER in the user interface of the Super Nova Web Site for content publishing, content management, content approval, content publishing scheduling, viewing content logs and reporting simple statistics of contents.
4.5. Reputation Management: Expresses that the Customer can directly view and reply to the comments and the messages from the social media pages about the content posted on the Web Site, which Super Nova will provide. This includes Facebook comments, Facebook direct messages, Twitter mentions, Twitter direct messages, Youtube comments, Instagram comments and Linkedin comments.
4.6. Social Media Page Report: Expresses that the customer can follow and report the social media pages of Twitter, Facebook, Youtube, Instagram and Linkedin belonging to their brands in the website that Super Nova will provide.
4.7. Analyzable Competitor Page (Account) Report: Expresses that the Customer will be able to follow and report on Twitter, Facebook, Youtube and Instagram social media pages of competitor brands in Super Nova's Web Site.
4.8. Monitoring Data Limit: Refers to any content or text or data contained in the word groups that the Customer follows in the Social Media and News sites on the Web Site provided by Super Nova.
4.9. Development Support: Any additional developments that the Customer may request for the Web Site to be provided by Super Nova will be taken to the road map for scope of development and related developments will be made as long as general use is appropriate.
4.10. Technical support: Refers to ensuring that Super Nova's Web Site is up and running 24/7 and that the database is backed up daily.
Article 5. CANCELLATION OF CUSTOMER SUBSCRIPTION
After the CUSTOMER violates the obligations of the CUSTOMER contained in this Contract and the termination of the violation is notified in writing, in case the infringement is not remedied within 7 (seven) days, Super Nova has the right, without prejudice to any right of compensation, to terminate the support provided to the Web Site together with the termination of the Contract pursuant to Article 124 of the Code of Obligations No. 6098.
After Super Nova violates the obligations of Super Nova contained in this Contract and the termination of the violation is notified in writing, in case the infringement is not remedied within 7 (seven) days, the CUSTOMER has the right, without prejudice to any right of compensation, to demand and charge loss indemnity from Super Nova together with the termination of the Contract.
Article 6. CONFIDENTIALITY COMMITMENT
During and after the expiry of this Contract, SUPER NOVA can not disclose information communicated by the CUSTOMER in writing, verbally or otherwise, and/or the information obtained during operation, commercial, financial and technical information and documents or methods used in various fields, working methods, business volumes, completed and prepared projects, intellectual rights, all information and documents belonging to CUSTOMER to third parties without the written consent of the CUSTOMER and can not use or make it available for the benefit of other persons, institutions and organizations. SUPER NOVA is responsible for ensuring the confidentiality of the above information, taking every precaution, acting in accordance with the principles of confidentiality, preventing the use of this information by unauthorized persons and taking all precautions to protect it from all kinds of misconduct. SUPER NOVA is obliged to take all kinds of security precautions in order to protect and disclose confidential information and warn and inform all its personnel in this matter and to maintain them. SUPER NOVA accepts and declares that it is obliged to take its own measures in order to ensure that its personnel do not infringe these obligations, and that it guarantees this matter to the CUSTOMER.
Article 7. PROHIBITION OF TRANSFER
Parties can not transfer or assign their rights, claims and obligations to third parties in whole or in part.
Article 8. DURATION OF CONTRACT
This Agreement shall enter into force on the date of signed off and shall remain in force for a period of 12 (twelve) months thereafter. If neither party notifies in writing 30 days (thirty) days prior to the expiry of this Contract to terminate the Contract, the Contract shall be renewed for the same period. The contract may be renewed an unlimited number of times depending on this renewal option. For each new year to be renewed, the membership fee will be re-determined by the parties one week prior to the date on which the contract will be renewed. If not decided, an increase will be applied according to the WPI CPI rates.
Article 9. FORCE MAJEURE
Force majeure such as natural disasters, warfare, mobilization, fire, strike and lock-out, etc., occurring in a manner and at a level which may prevent one of the Parties from operational opportunities either partially or completely, temporarily or permanently and cases arising out of the control of the parties shall be deemed force majeure for the parties. The party exposed to the force majeure reports to the other party the force majeure. During the duration of the force majeure, the actions of the parties are suspended. In the event that the case of force majeure exceeds 30 days, the infringed party may terminate this Contract through public notary without compensation.
Article 10. CORRESPONDENCE AND NOTIFICATION PROVISIONS
The Parties agree that all notices to be made in accordance with the contract must be in writing, and that all addresses set forth in Article 1 are the true notification addresses unless otherwise specified in writing. The parties are obliged to notify the other party in writing of the address changes within 10 (ten) days. Otherwise, notices made to the above addresses will be accepted as valid notices.
Article 11. TERMINATION OF CONTRACT
Article 12. SETTLEMENT OF DISPUTES AND COMPETENT COURT
The parties shall endeavor to settle the disputes which may arise, but accept and declare that the Istanbul Central Courts and the Executive Directorates are authorized to settle the disputes arising from the application and interpretation of the Contract in the event of failure of settlement.