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SPENAK GENERAL CONDITIONS
Only the conditions below are valid for all the products and services regarding this contract. The conditions and obligaitons of the user are not binding although SpeNak do not object to these. Modifications and additions should be done in a written way to be valid.
1. Content of the contract
SpeNak, gives the user the right to use the software for a periodical payment.The software, in return gives the opportunity to offer freight, search for freight area capacity, offer freight, give staff advertisements and search the advertisements, for 24 hours, via the database of SpeNak. This condition is not valid for the periods when the servers of SpeNak are not in use because of the reasons which are not related to SpeNak or the technical reasons as well as the periods of construction. |
2. Usage Rights
(1) SpeNak offers the software to the user via Internet.
(2) Choosing, purchase and usage of the required computer and connection with data communication lines and the risks belong to the user.
(3) The usage right given with this contract, is only valid to assess to the SpeNak databanks on the number determined by the management of the user.This right can not be transferred. The usages except these, either via the copy, parallel, and alternative ways in the different work places, or the usages to the advantage of different managements and/or branches require the determination of the paid licences in a written form.
(4) The usage right is valid only for entering and searching the data belonging to the company in the regular company management.It is forbidden to use the software for so called offers, advertisements, general applications, or for other data belonging to a certain user or users, which makes it hard to use the software. The transferred data should be deleted at once. Entrance should be done without using special characters or spaces, with correct letters and by entering the correct data in the entrance site in an accurate way. In case that the data entrance is not suitable to these criteria, SpeNak has the right to delete these servers automatically.
(5) the user does not have right to consult about the software continously, or to demand the brand new innovations, or the source code of the other data servers. It is forbidden for the users to improve or change the licenced softwares belonging to themselves or other users, or to copy them for the usage of third parties. For each inappropriate act, the user has to fulfill the 12 month payment as contract fine.
(6) The data offered by the software can only be published via the present printing function. SpeNak's written approval is required for the automatic usage of the software.
(7) In case that the user does not abide to the articles 3 (3) and (6), article 4 (2), article 5 (2), article 7 (2) or (3) or does not stop the violation of the contract although he is warned, SpeNak’s liability to serve will disappear, (locking) but its right regarding the sevice compensation will continue.
(8) Forming the hyperlinks, or the data of the third parties that can be reached via hyperlinks on the site, are not a part of this contract. These hyperlinks do not aim to explain the service liabilities in the contract, in details.The hyperlinks formed by ourselves and the pages reached via these hyperlinks are always controlled.For this reason, our firm does not accept any responsibility for the content or accuracy of these.
2a. Usage Rights Weather Conditions / Exchange Rates
(1) It enables the data required for viewing the weather conditions and the exchange rates to be sent to the users online. the viewed weather conditions and exchange rates are subject to continous change. For this reason SpeNak,is not responsible for providing the accuracy of the viewed weather conditions, exchange rates and the other data.SpeNak's liability consists of preparing the data for the user, using and providing its visuality. SpeNak, has the right to make modifications in its products within the frame of improvement and optimation, provided that it does not limit the main performance elements.
3. Use charge
(1) The charge for use is to be valid for 1 year of usage and to be paid in advance. The charge for extra services provided by SpeNak is also cashed at once. All the expenses regarding the payments are paid by the user.
(2) If the user delays the payment for annual usage for more than 14 calendar days, SpeNak has the right to repeal the contract transitory, without any harm to the other loss compensation rights.
(3) The user can not be dispensed from the payment liability without a judgment of recovery caused by detention or count for debt.
4. Equal Treatment, Sub licenses, Reserved Rights, Data Security
(1) The software gives the authority to access to the databank, to the user, without any privilage over the other users.
(2) This licence contract does not give the right to provide sublicence or to transfer the data or usage opportunities gained via the software, to the third parties. It especially does not provide the right to use the software for its own data processing technique. The copyrights of the software and the source code are reserved. The software is under the ownership of SpeNak company.
(3) In case the user recognizes the acts of third parties, which are against the conditions of this contract, or in case that the third parties demand rights for their use or against SpeNak, the user is to inform SpeNak of this situation in order to provide protection for its rigths in the shortest time possible.
(4) The user gives the right to SpeNak, to record the company data regarding the user, and to collect data from the famous trade data centers about the user,with this document, in order to sign the contract.
(5) The user accepts with this document that SpeNak can record the technical data regarding the user, in order to improve the data transfer and provide the user and data security.
(6) In accordance with Article 5 Par. (4), (5) or (6), in case this is not accepted, the licence contract loses its validity.
5. Guarantee and liability
(1) SpeNak guarantees the software programme only for the purposes in No. 2. The data given in product publicity, brochures, and the user directions given by SpeNak, are recommendations which are not bidding. Another guarantee of Spenak, especially the one regarding the compatibility of the software with the user's computer technique or the data communication lines, is impossible.SpeNak, does not take any responsibility for the currency, accuracy, or integrity of the data arranged by other users.
(2) SpeNak company is not responsible for damages occuring to the user. The cases caused by the negligence or the intention of SpeNak, or the damages caused by the violation of the main liabilities of the contract, are exceptions.
(3) If the user has the quality of tradesman, the liability of the damages caused by negligence, is limited to the ten times of the monthly charge of use.
(4) SpeNak is not liable for the damages caused by the loss or faulty conveying of the data of some users, or for any kind of damages they give to each other.
(5)The damages done to life, goods and health caused by the legal representatives or the assistants of SpeNak, do not belong to liability.
(6) SpeNak is free of all the liabilities born from the usage of this software by the users, against the conditions in the contract.SpeNak makes the same agreements with the other users, but it is not responsible for the damages caused by other users and if required, it can transfer the loss compensation demands of other users ( after compensating SpeNak's own losses ) to the user.
6. Transference of the complaints , the task of expressing opinions,Annulment Right
(1) In case SpeNak, is informed in the way that the user is violating the liabilities in the freight contract on purpose ( complaint ) , SpeNak,has the right to transfer these complaints to other users or the related user, with or without declaring the name of the entitiy making this complaint, after taking the depositions of the related user.However, it is not liable for this.SpeNak,is not liable for controlling this complaint.
(2) The user who is the subject matter of the complaint ( "Person concerned"), is to make a written notification to SpeNak about the content of the complaint, within at most 1 week following the declaration of the complaint or at least to declare that he needs more time for his written notification.
(3) In case the person concerned can not invalidate the argument that is the subject matter of the complaint, SpeNak may demand a solution from the entity within a one week additional time period, however, it does not have that kind of a liability.Providing additional time period for the solution, is not required in the cases which are unbearable for SpeNak.
(4) The rights declared in the second paragraph of this article, and the 2nd paragraph of 8th article, are only for the advantage of SpeNak company.In case SpeNak company do not use these rights, it does not have any liability towards other users.
(5) SpeNak, has the right to publish the complaints via its databank, in an appropriate manner. As these complaints depend on the declarations of the third parties, SpeNak does not have to search these and SpeNak company can not be held liable for the content of the complaints.This is not valid for the situations where SpeNak company knows or has to know that the data is not true.
7. The period of the contract, its annulment and final rules
(1) a) Reciprocal annulment is valid during four weeks of free trial. b) Contract relationship stars with the written approval or signing of this contract and it can be annulled without showing any legal grounds, within two weeks provided that it is at the end of the calendar month.The period of the contract being 1 year, is extended one more year unless it is not annuled by one of the parties. (2) Each party has the right to annul the contract extraordinarily, because of fundamental reasons, without taking into account the annulment period.a) in case that the user is not capable of payment, or there is the possibility of incapability, b) in case of the demand of the debtor to start insolvency procedure is rejected for the insufficiency of the bankrupt's estate or the user is made to declare property as assurance, c) The violation of the 3rd article 3rd, 4th or 5th paragraphs, 5th article 2nd paragraph, 7th article 2nd or 3rd paragraphs of this contract by the user, are accepted as fundamental reasons.
(3)The usage right starts with the activation of the line by SpeNak and continues until the end of the contract relationship.
(4) When the contract ends, the user is to give back the software on the data transporter to SpeNak at once ( regardless of all rights of taking back ), and leave all the usages related with the software.
(5) SpeNak can register the annulment data regarding the contract relationship with the user, in its databank.
(6) In case the user has the quality of contractor, or he does not have an authorized court within Turkey because of the place he lives, Istanbul has been determined as the place of authorized court. BM contract articles regarding the international product purchase, not being legitimate, Turkish laws are valid.
(7) The invalidity of the disjunctive articles of the contract, does not affect the validity of the others. It has been decided by the parties to make a valid modification instead of the article which has lost its validity.
01.04.2007 |
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