Distance Sales Agreement

1. Parties

SELLER: Mustafa Sercan Kan - Octofly.io · Cennet Mahallesi Mehtap Sokak 9/7 Küçükçekmece · Email: hello@octofly.io. The Seller is a sole proprietorship.

BUYER: The natural or legal person whose identity, contact and billing details provided during the purchase are recorded in the order record. The Buyer is responsible for the accuracy of the information provided.

2. Subject of the agreement

The subject of this agreement is the rights and obligations of the parties regarding the provision of the website setup and hosting service that the Buyer has ordered electronically through octofly.io, the characteristics and price of which are stated on the order page and below.

The service is performed DIGITALLY; there is no physical delivery or shipping.

3. Service and fees

The packages offered for sale, their delivery times and revision rights are set out in the table below. The fee is an ANNUAL SUBSCRIPTION fee and applies to each subscription period.

DELIVERY TIME: The delivery time in the table is the time until the site has been set up with one of the Seller’s ready-made themes and its preview has been submitted for the Buyer’s approval. Time spent waiting for the Buyer’s approval after the preview has been submitted is not included in the delivery time. If a design other than a ready-made theme is requested, the delivery time is notified to the Buyer separately once the scope of the request has been clarified.

REVISION RIGHT: The Buyer may request the number of design revision rounds stated in the table for its package. The Buyer submits its revision requests within the revision request period stated in the table for the package, starting from the date on which the site is first published. The Seller completes each revision round within a reasonable time. Corrections of typing errors and minor layout corrections are not counted as revision rounds.

The service fee is the amount shown to the Buyer at the moment the order is placed and recorded in the order record; this amount is also stated in the order summary and on the invoice. Current fees are published on the Seller’s pricing page.

The domain name, server, SSL certificate, updates and support are included in the subscription fee. The subscription term is 1 (one) year and, at the end of the term, it RENEWS AUTOMATICALLY unless the Buyer cancels. The currency of the fee is the currency shown to the Buyer at the time of purchase and recorded in the order record.

BACKUP: The Buyer’s site is backed up every day and before each publication; backups are kept for 30 (thirty) days, and when the agreement ends and the Buyer’s record is deleted, the site’s backups are permanently deleted within 30 (thirty) days at the latest; restoring from a backup covers the site’s design and content, while business information and form messages are not restored.

4. Payment

Payment is made in advance on the basis of the annual subscription fee of the selected package. Card details are NOT STORED in the Seller’s systems; where payment is taken by card, the transaction is carried out through the infrastructure of an authorised payment institution.

AUTOMATIC RENEWAL: Unless cancelled by the Buyer by the end of the term, the subscription is extended for a further year and payment is collected via the saved payment method. The renewal date is shown to the Buyer in the panel and a reminder is sent by email before renewal.

CANCELLATION: The Buyer may cancel the subscription at any time up to the renewal date. Cancellation takes effect at the end of the current term; for a term that has been paid, the service continues to be provided until the end of the term.

For each payment collected, an e-archive invoice (e-Arşiv Fatura) is issued using the billing details provided by the Buyer.

If the renewal fee is not paid, the reminder and suspension procedure set out in the Terms of Use applies.

5. Performance of the service

Performance of the service begins with the setting up of the account following confirmation of payment. Delivery times are stated per package in the table above, and the period runs from the completion of the purchase; for the package whose delivery time depends on the scope, the period runs from the point at which the scope has been clarified.

Any delay by the Buyer in providing content (logo, text, images, contact details) may extend the performance period; such delay cannot be attributed to the Seller.

For details, see the Service Performance and Delivery page.

6. Right of withdrawal

A Buyer who is a CONSUMER has the right to withdraw from the agreement within 14 (fourteen) days from the day the agreement is concluded, without giving any reason and without paying any penalty. The notice of withdrawal is sent to the Seller within this period in writing or via a durable medium (email is sufficient).

Pursuant to Article 15 of the Distance Contracts Regulation, for services whose performance has begun with the Buyer’s APPROVAL before the withdrawal period expires, the right of withdrawal cannot be exercised in respect of the part already performed. If design work has started, a deduction is made in proportion to the work completed; once the site has been published, the fee for the current term is not refunded.

The withdrawal and refund rules are set out in full on the Refund and Withdrawal Terms page.

Buyers purchasing as merchants (tacir) or tradespeople (esnaf) for commercial or professional purposes fall outside the definition of “consumer” under Law No. 6502; for these Buyers, refunds are governed by the commercial refund policy on the Refund and Withdrawal Terms page.

7. Obligations of the parties

• The Seller is obliged to provide the service in accordance with the characteristics announced on the order page.
• The Seller provides the pre-information required by law at the purchase step.
• The Buyer is responsible for the accuracy of the order and billing information.
• The Buyer is responsible for holding the rights to the content it uploads to the site and for that content’s compliance with the law.
• The parties accept that the Terms of Use form an integral part of this agreement.

8. Personal data

Personal data are processed within the scope, on the legal grounds and for the periods described in the KVKK Privacy Notice. Data necessary for the conclusion and performance of the agreement are processed on this legal ground.

9. Dispute resolution

In consumer transactions, the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) at the place of residence of the Buyer or the Seller have jurisdiction within the monetary limits announced each year by the Ministry of Trade (Ticaret Bakanlığı), and the Consumer Courts (Tüketici Mahkemeleri) have jurisdiction over disputes exceeding these limits.

In disputes of a commercial nature, the Courts and Enforcement Offices (İcra Daireleri) of İstanbul have jurisdiction.

This agreement is deemed concluded electronically upon confirmation of the order; a copy is sent to the Buyer’s email address and is kept accessible on this page at all times.