Terms & Conditions.

These General Terms and Conditions ("GTC") apply exclusively to business-to-business (B2B) engagements between Deka Teknoloji Bilişim Hizmetleri ve Ticaret A.Ş. ("Deka Technology", "we", "us") and its commercial clients ("Client"). They do not apply to consumers. Unless otherwise agreed in writing, conflicting or supplementary terms of the Client shall only apply if expressly accepted by us in writing.

Deka Technology provides enterprise IT services in the areas of software engineering, data & AI, cloud infrastructure, and managed operations. The specific scope, deliverables, timelines, and acceptance criteria of each engagement are defined in the corresponding Statement of Work (SOW) or service agreement, which forms an integral part of the contract together with these GTC.

The Client shall provide all information, documentation, access, and cooperation reasonably required for the performance of the services in a timely manner. Delays caused by the Client may result in adjusted timelines and additional costs, which will be communicated in advance.

Unless otherwise agreed in the SOW, invoices are due within 30 days of the invoice date without deduction. All prices are quoted exclusive of applicable taxes (including VAT/KDV). In the event of late payment, Deka Technology reserves the right to charge default interest at the statutory rate under Turkish commercial law (TTK Art. 1530).

Both parties agree to treat all information exchanged during an engagement as confidential, unless such information is (a) publicly available through no fault of the receiving party, (b) already known to the receiving party, or (c) required to be disclosed by law. This obligation survives the termination of any agreement for a period of three (3) years.

Unless otherwise agreed in the service agreement, all intellectual property developed during the engagement ("Work Product") is transferred to the Client upon full payment. Pre-existing intellectual property of either party remains with the original owner. Deka Technology retains the right to use general knowledge, skills, and experience acquired during the engagement.

Deka Technology warrants that services will be performed with reasonable care and skill in accordance with industry standards. If a deliverable does not materially conform to the specifications set forth in the SOW, the Client shall notify us in writing within 14 days of delivery, and we shall correct the deficiency within a reasonable timeframe at no additional cost.

Deka Technology shall not be held liable for indirect, incidental, or consequential damages (including but not limited to loss of profit, loss of data, or business interruption). Liability is limited to the total fees paid under the relevant service agreement during the 12 months preceding the claim, except in cases of wilful misconduct or gross negligence, where liability is not limited under mandatory law (TTK, BGB).

Either party may terminate an engagement by providing 30 days' written notice. In the event of termination, the Client shall pay for all services rendered and expenses incurred up to the effective date of termination. Either party may terminate immediately for cause if the other party materially breaches these GTC and fails to remedy the breach within 14 days of written notice.

Neither party shall be liable for failure or delay in performing its obligations if such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, acts of government, war, cyber-attacks, power failures, or internet disruptions. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the effects.

Deka Technology processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Turkish Personal Data Protection Law (KVKK). Where Deka Technology acts as a data processor on behalf of the Client, the parties shall enter into a separate Data Processing Agreement (DPA) prior to the commencement of data processing. A DPA template is available upon request at [email protected]. For details, please refer to our Privacy Policy.

If any provision of these GTC is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that achieves the economic purpose of the original provision as closely as possible.

Deka Technology reserves the right to amend these GTC. Material changes will be communicated to existing clients in writing at least 30 days before they take effect. Continued use of services after the effective date constitutes acceptance of the amended terms.

These GTC do not affect any mandatory consumer rights under EU Regulation (EC) No 593/2008 (Rome I) or the consumer protection laws of the country in which you are habitually resident. Where mandatory consumer protection provisions apply, the more favorable provision shall prevail.

These terms are governed by the laws of the Republic of Turkey. Any disputes arising from or in connection with these terms shall be resolved by the courts of Istanbul, Turkey. The parties may alternatively agree on arbitration under the rules of the Istanbul Arbitration Centre (ISTAC).

Deka Teknoloji Bilişim Hizmetleri ve Ticaret A.Ş.
Aydınevler Mah. Durak Sok. Ofisin Maltepe A Blok Kat 2
34854 Maltepe / Istanbul, Turkey
Email: [email protected] · Phone: +90 216 606 69 57