Distance Sales Agreement

1. Parties

Seller: Yellowstone Yazılım ve Bilişim Hiz. Ltd. Şti. (the “Seller”), whose details are given below.

Buyer: The individual or legal entity whose name or company name, address and contact details are entered at checkout (the “Buyer”). The Buyer’s details appear in the order summary and on the invoice.

2. Subject of the Agreement

This agreement sets out the rights and obligations of the parties regarding the sale, setup and provision of the YSSERP packages and related services ordered electronically by the Buyer on yellowstonesoft.com. The Buyer confirms having read the Pre-Information Form before placing the order.

The licence, support and liability terms for using the service are set out in the Terms of Sale, which form an integral part of this agreement.

3. Service and Price

• YSSERP packages: Annually billed cloud subscriptions provided with the selected number of users and modules. The Custom package has unlimited users.
• Hourly services: Migration and training support and custom development; provided for the hours purchased and billed once.

The type, quantity, term and total price including taxes are shown in the order summary. Prices are set in Euro and charged in Turkish Lira at the exchange rate on the payment date; the rate used is clearly shown in the order summary with its source and date.

4. Payment and Invoicing

Payment is made by debit or credit card on the secure payment page of a licensed payment institution; card details are never seen or stored by the Seller. The invoice is issued as an e-Invoice or e-Archive invoice according to the Buyer’s details and sent electronically. For annual subscriptions, the renewal price is invoiced at the start of each term; as card details are not stored, no automatic charge is made and the renewal invoice is paid by the Buyer.

5. Delivery and Performance

The service is not delivered physically; it is performed by setting it up electronically and making it available to the Buyer. The order goes through the following stages, each of which can be followed under My Account › Sales Orders:

1. 1
   Order Received

   Payment is confirmed, the order is set to Pending and the setup details given during checkout are checked.

2. 2
   Installing

   Server resources are allocated; the system is installed and configured and the database is created.

3. 3
   Active

   Access details are delivered and the system goes live. The service is deemed delivered at this point.

Setup starts once payment is confirmed and is completed within 30 days at the latest. The service is deemed performed and delivered as soon as setup, configuration and database creation are completed and the access details are sent to the Buyer. Hourly services are performed in sessions scheduled by the parties.

6. Subscription, Renewal and Termination

Subscriptions run for one year and renew on the same terms at the end of each term unless terminated by the Buyer. The Buyer may stop the renewal from the My Account panel or by written notice before the end of the term; the service then continues until the end of the paid term. When the subscription ends, the Buyer is given a reasonable period to export their data.

7. Right of Withdrawal and Refunds

Cancellations before setup starts and the detailed terms for each order stage are set out in the Refund and Cancellation Policy, which forms an integral part of this agreement.

8. Business Buyers

Where the Buyer is a company, trader or institution and purchases the service for commercial or professional purposes, the withdrawal rules specific to consumers do not apply and there is no right to withdraw or obtain a refund without cause. Such Buyers’ claims are limited to defects and breaches of contract, such as the service failing to perform the functions committed to in the agreement.

9. Obligations of the Parties

• The Seller shall provide the service in line with the agreement and the advertised features, take the measures necessary to keep data secure, and fix reported errors within a reasonable time.
• The Buyer shall give accurate and complete order and setup details, keep accounts and passwords secure, and use the service lawfully.
• The Buyer may use YSSERP only for its own business and may not rent, sell or transfer the service to third parties.
• If payment is not made on time, the Seller may suspend the service after giving notice; data is preserved during the suspension.

10. Dispute Resolution

Consumer Buyers may apply to the Consumer Arbitration Committee or the Consumer Court at their place of residence or where the transaction was made, within the monetary limits announced each year by the Ministry of Trade. For disputes with Business Buyers, the courts and enforcement offices of Kocaeli have jurisdiction.

11. Entry into Force

This agreement is concluded and enters into force when the Buyer accepts it electronically at checkout. The accepted version is stored with the order record together with the time of acceptance and sent to the Buyer with the order confirmation; the agreement is always available on this page.