§ 1 Acceptance of order and recognition of the general terms and conditions
1.1 The company Batunet Bilişim Eğitim Hizmetleri Limited Şirketi (hereinafter referred to as Batunet) provides its services exclusively on the basis of these General Terms and Conditions. The currently valid version can be viewed at https://www.batunet.com/agb . The General Terms and Conditions are generally an integral part of the contract and are accepted by the client in their entirety upon written or verbal placement of the order. This also applies to future services if the GTC are not explicitly agreed again. Any contrary declarations of the customer regarding the effectiveness of his terms and conditions are hereby contradicted.
1.2 Assurances, collateral agreements and amendments to the contract require our written or electronic confirmation to be effective.
1.3 Batunet may reject the execution and execution of the order without fundamental obligation to accept, e.g. due to content, origin or technical form, without any claims for damages arising for the customer.
1.4 After examining the order, the customer shall receive a written or electronic order confirmation from Batunet.
1.5 Employees and representatives of Batunet are not authorized to make oral assurances or make oral agreements that go beyond the contents of these GTC.
1.6 As a customer of Batunet, Batunet automatically consents to receiving appropriate (1x to 2x monthly) newsletters about changes, news and information by e-mail.
§ 2 Offer and Scope of Services
The offer, or a corresponding detailed description of the scope of the order, in written, electronic or oral form, are part of the contract. Otherwise, the contractually agreed fixed price shall apply. The The invoice amount of the agreed service may not exceed the offer price associated with the contract by more than 10%.
§ 3 Copyright and right of use
3.1 Batunet works on the basis of service or work contracts. Rights of use to the created concepts, graphics and texts are transferred by individual agreement. Unless otherwise agreed, only the simple right of use shall be transferred.
3.2 All texts, graphics and concepts are subject to copyright law. The provisions of the Copyright Act shall also apply if the level of creation required under § 2 UrhG has not been reached.
3.3 The texts, graphics and concepts may not be altered either in the original or in reproduction without the express consent of Batunet. Any imitation – even of parts – is prohibited. A violation of these provisions entitles Batunet to demand a contractual penalty in the amount of double the agreed remuneration.
3.4 Batunet assigns the rights of use required for the respective purpose to the customer. Unless otherwise agreed, only the simple right of use shall be transferred in each case. A transfer of the rights of use to third parties requires a written agreement. The rights of use are only transferred after full payment of the remuneration.
3.5 Batunet has the right to be named as the author on the copies. A violation of the right to naming shall entitle Batunet to damages. Without proof of a higher damage the compensation amounts to 100% of the agreed remuneration. The right to claim higher damages upon proof remains unaffected.
3.6 If the client proves that no damage or a substantially lower damage has occurred, the amount of the compensation shall be adjusted accordingly.
3.7 Suggestions of the client or his other cooperation do not have any Influence on the level of remuneration. They do not confer a joint copyright.
§ 4 Design freedom and templates
4.1 Within the scope of the order there is freedom of design. Complaints regarding the artistic design are excluded. If the client requires changes after approval of the concept, graphics and text, he has to bear the additional costs. Batunet retains the right to remuneration for work already commenced.
4.2 If the execution of the order is delayed for reasons for which the customer is responsible, Batunet may demand an appropriate increase in remuneration. In the event of intent or gross negligence, it may also assert claims for damages. The assertion of further damage caused by default shall remain unaffected thereby.
4.3 The Client affirms that he is entitled to use all templates handed over to Batunet, in particular that he has the necessary copyright rights of use. Should he not be entitled to use the goods contrary to this insurance, the customer shall indemnify Batunet against all claims for compensation by third parties.
§ 5 Design, implementation and reproduction of internet sites
5.1 The internet presentation is created on the basis of the templates (see §8 paragraph 1.2) of the customer, as well as to the best of our knowledge and belief. The scope of services shall result from the contract concluded between the Customer and Batunet. Further changes or additional services will be charged separately depending on the expenditure. The hourly rate for this is depending upon expenditure between 25,00 and 100,00 euro.
5.2 Batunet accepts no liability for the correctness of the reproduction of the Internet presentation, since the contents can be displayed differently due to the different browser programs, unless Batunet is guilty of intent or gross negligence. Batunet shall only be liable for indirect damages and consequential damages as well as loss of profit with intent and up to a maximum amount of 190.00 euros.
5.3 Batunet reserves the right to place a “Made with in Pamukkale by Batunet” link at a suitable place on the Internet presentation.
§ 6 Special services, incidental expenses and travel expenses
Special services such as the reworking or modification of drafts, texts, graphics, slogans and programming will be charged separately according to the time required in accordance with the agreements made. Batunet is entitled to order the external services necessary for the fulfilment of the order in the name and for the account of the customer. The client undertakes to grant Batunet appropriate power of attorney. Insofar as, in individual cases, contracts for external services are concluded in the name and for the account of Batunet, the customer undertakes to indemnify Batunet internally against all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs. Costs and expenses for travel undertaken in connection with the order and agreed with the client shall be reimbursed by the client.
§ 7 Correction, Production Monitoring and Sample Documentation
Batunet must be provided with correction samples prior to duplication. Production monitoring by Batunet shall only take place on the basis of a special agreement. The customer shall provide Batunet with 10 perfect copies of all reproduced work free of charge. Batunet is entitled to use these and copies thereof for the purpose of self-promotion.
§ 8 Working documents and electronic data
8.1 All working documents, electronic data and records which are required by Batunet within the scope of the order processing remain with Batunet. The customer cannot demand the handing over of these documents and data.
8.2 Upon payment of the agreed fee, Batunet shall owe the agreed service, but not the intermediate steps leading to this result in the form of sketches, drafts, production data etc., to Batunet.
§ 9 Retention of title
Only rights of use are granted to drafts, graphics and texts, but no property rights are transferred. Work shall be dispatched at the risk and expense of the customer.
§ 10 Marking
10.1 Batunet shall be entitled to refer to the author on all advertising media and in all advertising measures without the customer being entitled to any remuneration as a result.
10.2 Batunet is entitled to refer to the business relationship on its websites with name and company logo.
§ 11 Remuneration
11.1 Texts, graphics, websites and concepts together with the granting of rights of use form a uniform service. Remuneration shall be based on the agreements reached.
11.2 If the texts, graphics, websites and concepts are used to a greater extent than originally intended, Batunet shall be entitled to demand the difference between the higher remuneration for the use and the remuneration originally paid.
11.3 The production of texts, graphics, websites and concepts and all other activities that Batunet performs for the client are subject to a charge, unless expressly agreed otherwise. This shall also apply to the preparation of cost estimates insofar as they go beyond simple offers.
§ 12 Maturity of remunerations
12.1 Payment is due upon delivery of the work or publication of the website. Domain and usage fees for web hosting are to be paid in advance immediately after placing the order. due.
12.2All invoices are due for payment without deduction 10 days after the invoice date. Payments shall be deemed effective when credited to our account.
12.3 If the ordered work is accepted in parts, a corresponding partial payment is due upon acceptance of the part.
12.4 The customer assures the punctual payment of the invoices. Otherwise, Batunet shall be entitled to invoice the customer for the costs incurred. There is no obligation on our part to refund services already paid for.
12.5 Unless otherwise agreed, all fees incurred for the operation of the Internet presentation, in particular the costs for the use of web space and registration fees for domain names, are calculated annually in advance in one sum.
12.6 If an order extends over a longer period of time or requires Batunet to make substantial financial advance payments, appropriate advance payments shall be made.
§ 13 Prices and rent adjustment
13.1 The prices are valid in EURO plus the currently legally valid value added tax.
13.2 The annual costs for the transmission, support and maintenance of the Internet presentation are calculated from 12 current calendar months from the date of feeding into the grid. A minimum contract term of one (1) year is agreed for this purpose.
13.3 Batunet reserves the right to change its prices if this is necessary due to changed market conditions. These include, for example, changes in telephone charges, Internet service provider fees, and changes in the legal situation. Price changes will be announced with a lead time of 6 weeks. Market-related price increases of up to 10% do not entitle the customer to terminate the contract. Should an increase of more than 10% of the agreed rental price be necessary, the customer has the right of extraordinary termination of the contract with a period of notice of 8 weeks to End of the month following the change.
§ 14 Default in payment / Early Contractor
14.1 If the customer does not meet his payment obligation, Batunet is entitled after 6 weeks beginning with the date of invoicing to remove the Internet presentation from the net. The customer accepts a reactivation lump sum of 60.00 Euro for the resumption of the Internet presentation.
14.2 If the delay in payment lasts longer than 10 weeks, Batunet shall terminate the contract as a result. The running costs are then immediately due for payment for the entire contractually agreed term.
14.3 Furthermore, Batunet reserves the right to cancel or return the corresponding domain names to the responsible domain registry.
14.4 If the customer wishes to terminate the contract prematurely, e.g. by registering a business or giving up a business, Batunet must carry out an individual examination. In any case of premature termination of the contract at the request of the customer, Batunet is entitled to assert a lump-sum claim for damages.
§ 15 Termination / terms
15.1 Cancellation is possible at the end of the agreed term of the contract; the decisive date for this is the start of the rental period as stated in the corresponding invoice. The cancellation must be notified 3 months before the end of the rental period by registered letter to Batunet.
15.2 If Batunet does not terminate the contract or is not notified in writing in good time, the contract shall be automatically extended by 12 months or by the term agreed in the contract.
§ 16 Warranty and liability
16.1 The customer shall inspect the work and services supplied by Batunet immediately upon receipt, but in any case within three working days and in any case prior to passing them on, and shall report any defects to Batunet. immediately after discovery. If the immediate inspection or notification of defects is omitted, the customer shall have no claims.
16.2 If the complaint is justified, the defects will be remedied within a reasonable period of time.
16.3 The risk of the legal admissibility of the measures developed and implemented by Batunet shall be borne by the customer. This applies in particular in the event that the actions and measures contravene provisions of competition law, copyright law and specific advertising laws. However, Batunet is obliged to draw attention to legal risks if they become known to it in the course of its activities. The customer shall indemnify Batunet against claims by third parties if Batunet has acted at the express request of the customer, although it has notified the customer of concerns regarding the admissibility of the measures. Batunet must notify the customer of such concerns in writing immediately after they become known. If Batunet considers a competition law examination by a particularly knowledgeable person or institution to be necessary for a measure to be carried out, the costs for this shall be borne by the customer after consultation with Batunet.
16.4 With the approval of drafts, final artwork or work drawings by the customer, the customer assumes responsibility for the correctness of the picture and text.
16.5 Batunet shall not be liable for any drafts, final artwork, work drawings or print data approved by the customer.
16.6 Batunet shall not be liable for the admissibility and registrability of the designs under competition or trademark law.
16.7 Batunet accepts no liability for the images, data and fonts provided by customers.
16.8 Batunet shall in no case be liable for the factual statements contained in the advertising measures regarding the Customer’s products and services. Batunet is also not liable for the patent, copyright, or and trademark protection or registrability of the ideas, suggestions, proposals, concepts and drafts supplied within the scope of the order.
16.9 Batunet shall only be liable for damage caused intentionally or through gross negligence by Batunet or its vicarious agents. The liability of Batunet shall be limited to the amount of the one-off income of Batunet resulting from the respective order. Batunet’s liability for consequential harm caused by a defect on the legal grounds of a positive breach of contract is excluded if and to the extent that Batunet’s liability does not result from a breach of duties essential for the fulfilment of the purpose of the contract.
16.10. Insofar as Batunet commissions necessary external services, the respective contractors/contractual partners are not vicarious agents of Batunet. Liability for the services and work results of such contractors/contractual partners is excluded, unless the statutory provisions are contrary.
§ 17 Duties and liability of the client Websites
17.1 The client is solely responsible for the content of the Internet presentation created.
17.2 The client is responsible for the content of the data made available by the client, as well as content and representations on corresponding picture, photo or sound material. The client must himself check whether the corresponding information material may violate copyright provisions. Batunet does not assume any obligation to check this.
17.3 The client is obliged to check the transmitted internet presentation within a period of 8 days for possible spelling mistakes or deviations in content. Batunet reserves the right to remedy the defect free of charge. For possible deviations in content caused by spelling mistakes, the client can not be held liable. claim damages, reimbursement or reduction of fees.
17.4 The maintenance of database-based content, guest books, classified ad markets, discussion forums, chat rooms and similar databases which an Internet user can access directly or indirectly is the responsibility of the Client. In his own interest, he shall monitor the contents of the relevant database. The client is exclusively liable for the corresponding contents of these databases. Batunet does not assume any liability for the contents of the corresponding databases.
§ 18 Limitation of liability internet presence
18.1 The Customer is aware that the Internet is not controlled by anyone and that the storage of files on the server is not associated with any guaranteed number of downloads.
18.2 Batunet attaches great importance to the very high reliability of the server you provide. Batunet therefore makes every effort to ensure that the Internet server with the customer’s files runs with as few and short interruptions as possible. However, since short interruptions due to maintenance work can never be completely avoided, Batunet cannot guarantee completely uninterrupted server operation. Therefore, in the event of a server failure, for whatever reason, there is no claim for damages or reimbursement of the customer’s fees.
18.3 Batunet accepts no liability for damages incurred by the customer as a result of the provision or transmission of its files or other information on the Internet. Batunet also assumes no liability for direct or indirect damage due to technical problems, server failure, data loss, transmission errors, data insecurity, hacker attacks or other reasons. All claims of the customer are limited to the order value.
§ 19 Prohibition of assignment
The rights of the customer arising from the transactions made with us are Business is not transferable.
§ 20 Collecting societies
20.1 The customer undertakes to pay any fees to collecting societies such as GEMA. If these fees are disbursed by Batunet, the customer undertakes to reimburse Batunet for them against proof. This can also take place after termination of the contractual relationship.
20.2 The customer is informed that, when placing an order in the artistic, conceptual and advertising consulting area with a non-legal person, an artist’s social security contribution must be paid to the artist’s social insurance fund. This fee may not be deducted from the agency invoice by the customer. The customer is responsible for complying with the obligation to register and submit documents.
§ 21 Data protection
21.1 The customer agrees that his personal and company-related data received by us within the scope of the business relationship shall be stored in our EDP system and automatically processed.
21.2 If the customer requests entries in the Internet search engines and/or classified directories, the relevant data shall not be considered confidential and may therefore be freely published by Batunet on the Internet and thus made accessible to third parties.
21.3 The customer shall indemnify Batunet against all claims by third parties with regard to the data provided.
21.4 Batunet does not guarantee that data or files stored on a virtual server are not accessible by third parties.
§ 22 Confidentiality obligation
Batunet is obliged to treat all knowledge it receives from the customer on the basis of an order as strictly confidential for an unlimited period of time and to oblige both its employees and third parties to maintain absolute secrecy in the same manner.
§ 23 Competition exclusion
23.1 In principle, the Agency does not accept any regulations on the exclusion of competition and is expressly entitled to act for the same and similar products and manufacturers.
23.2 We shall ensure the confidential treatment of the documents and information provided by the customer within the framework of the customary industry practice.
§ 24 Invalidity
Should one of these provisions be invalid, this shall not affect the validity of the remaining provisions. Ineffective provisions shall, as far as possible, be replaced by such effective provisions which largely achieve the intended economic purpose.
§ 25 Written requirement
The written requirement applies to the agreement of extended rights of use as well as the pronouncement of terminations.
§ 26 Place of performance and jurisdiction
The place of jurisdiction and performance for both parties shall be Denizli, unless otherwise provided by law.