LEGAL
Distance Sales Agreement
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This document sets out the terms of subscription agreements for the Point PDKS service concluded without the parties meeting in person, and the seller's details. Point PDKS is offered to businesses and institutions; the rights of those who take the service as consumers are set out separately in section 8.
1. Seller Information
Seller: CNUTLABS YAZILIM MÜHENDİSLİK TİCARET LİMİTED ŞİRKETİ · Address: Göztepe Mah. Uşakizade Muammer Bey Sk. No: 26 İç Kapı No: 13, Konak / İzmir, Türkiye · Tax office and number: Konak V.D. 2111550288 · MERSIS: 0211155028800001 · Email: info@cnutlabs.com · Phone: +90 531 218 33 91.
2. The Buyer and the Rules That Apply
The buyer is the business or institution that subscribes to Point PDKS. Point PDKS is business software for businesses and institutions that keep their employees' check-in/out, shift and leave records, and it is offered to buyers acting for commercial or professional purposes.
A buyer acting for commercial or professional purposes is not a consumer within the meaning of the Turkish Consumer Protection Law No. 6502. An agreement with such a buyer is governed by the Turkish Code of Obligations and, between merchants, the Turkish Commercial Code; the consumer-specific provisions of Law No. 6502 and the Distance Contracts Regulation do not apply.
A natural or legal person who takes the service for non-commercial and non-professional purposes is a consumer, and Law No. 6502 and the Distance Contracts Regulation apply to that buyer. Consumer rights are set out in section 8; no provision of this document narrows them.
3. Subject of the Agreement
The subject of the agreement is the provision of the Point PDKS cloud-based employee attendance service (mobile app and web panel) on a subscription basis. The service is digital; there is no physical delivery.
4. Fees
The fee is calculated in tiers based on the number of active employees; the current rates are on the Pricing page. The amounts on the Pricing page do not include VAT.
The amount the buyer pays and the billing period (monthly or yearly) are communicated to the buyer in writing (including by email) before the subscription starts and become final with the buyer's approval.
5. Payment
No payment is taken through the website or the Point PDKS apps; no fee is collected through these channels. These channels do not ask for or store card details.
The paid subscription fee is invoiced on the basis of the amount and billing period finalised under section 4 and is paid by the method stated on the invoice.
6. Free Trial
The 14-day trial is free of charge. No payment or card details are requested for the trial, and no payment obligation arises during it.
The trial does not turn into a paid subscription automatically when it ends; a paid subscription starts only at the buyer's request and with the approval described in section 4.
7. Delivery and Performance
Once the organisation's account is opened and its company code is set up, the service can be used online through the mobile app and the web panel. There is no physical delivery.
8. Rights of Those Who Take the Service as Consumers
This section applies only to those who take the service as consumers.
Pre-contract information: Before the agreement is concluded, the consumer is informed in writing (including by email) of the main characteristics of the service, the seller's details, the total price including taxes, the right of withdrawal and the complaint routes.
Price: The price given to the consumer is the total amount per billing period, including taxes and all charges.
Right of withdrawal: The consumer may withdraw from the agreement within 14 days of the day it is concluded, without giving any reason and without paying any penalty. Notice of withdrawal is given by email to info@cnutlabs.com or in writing to the address in section 1; any amount paid is refunded within 14 days of the day the notice reaches the seller.
Termination: The consumer may end the subscription at any time, without giving any reason and without penalty; notice of termination may be given by email to info@cnutlabs.com. Termination is processed within 7 days at the latest and confirmed to the consumer in writing (including by email); any amount paid in advance for an unused period is refunded within 15 days.
Term: A fixed-term (for example, yearly) subscription does not renew automatically at the end of its term.
Price changes: A price change applies only from the next billing period and is announced at least 30 days in advance; the consumer may end the subscription without penalty before the change takes effect.
Complaints and disputes: The consumer may send complaints to info@cnutlabs.com. In disputes, the consumer may apply to the consumer arbitration committee within the monetary limits announced each year by the Ministry of Trade, and above those limits to the consumer court after the mandatory mediation process.
9. Governing Law and Jurisdiction
This agreement is governed by the laws of the Republic of Türkiye.
For disputes with buyers that are merchants or public legal entities, the courts and enforcement offices of İzmir have exclusive jurisdiction. This provision does not apply to consumers; the routes in section 8 apply to them.
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