Distance Sales Agreement

Article 1. Parties

1.1. Seller

1.2. Buyer

The natural or legal person who places an order on the payment page for a Workify360 Focus account (the "Buyer"). The Buyer's name or company name, address, e-mail address and billing details are those the Buyer enters when ordering and that are stored on the account.

Article 2. Subject

This Agreement sets out the rights and obligations of the parties for the sale and performance of the Workify360 Focus subscription service (the "Service") that the Buyer buys online through workify360.com and the Workify360 Focus web dashboard, under the Turkish Consumer Protection Law No. 6502 and the Distance Contracts Regulation.

Article 3. Main Features and Price of the Service

• The Service is employee productivity analytics software used by subscription over the internet; it consists of the web dashboard and the Focus desktop app.
• The plans (Pro and Premium), their features and list prices are on the pricing page. Prices are per active user per month; with yearly billing the price for the period is charged in advance.
• The ordered plan, billing period (monthly or yearly), number of billed users and the total amount including 20% VAT are shown to the Buyer on the payment page before the payment is approved. The price that applies is the one shown on the payment page.

Article 4. Payment

• Payment is made in Turkish lira by credit or debit card on the secure payment screen of PayTR Ödeme ve Elektronik Para Kuruluşu A.Ş. ("PayTR"), a payment and electronic money institution licensed by the Central Bank of the Republic of Türkiye. Card details never reach the Seller and are not stored by the Seller.
• The subscription renews automatically on the same card at the end of each billing period, and the price for the period is charged, until the Buyer cancels. For automatic renewal, the card is stored with PayTR with the Buyer's consent given at payment; the Seller never sees the card number.
• The number of billed users follows the number of active users on the account; a change in the number of users takes effect from the next renewal.
• If a renewal payment fails, the account switches to read-only mode; no data is deleted.

Article 5. Delivery and Performance

The Service is digital and nothing is shipped. When the payment is approved, the Buyer's account moves to the chosen plan and the Service is performed electronically and immediately. Details are on the Delivery and Returns page.

Article 6. Right of Withdrawal

Because the Service is performed electronically and immediately, and its performance starts with the Buyer's approval, the Buyer has no right of withdrawal under Article 15(1)(ğ) and (h) of the Distance Contracts Regulation. The Buyer confirms having been informed of this before approving the order. The Buyer can evaluate the Service with the 14-day free trial before buying.

Article 7. Cancellation, Plan Changes and Refunds

• The Buyer can cancel the subscription from the web dashboard at any time. Cancellation takes effect at the end of the paid billing period, and the Buyer keeps full access until then. After the period ends, the account becomes read-only and the data is kept.
• An upgrade from Pro to Premium takes effect immediately. A downgrade from Premium to Pro, and a switch between monthly and yearly billing, take effect at the end of the current billing period.
• Refunds for an incorrect or duplicate charge, or when the Service cannot be provided for a reason on the Seller's side, are made to the card used for the payment as set out in Delivery and Returns.

Article 8. Price Changes

The Seller may change list prices with reasonable notice. A price change does not affect the current billing period and applies from the next billing period.

Article 9. Obligations of the Parties

• The Seller provides the Service in line with this Agreement and the Terms of Service.
• The Buyer confirms that the details given when ordering are correct and up to date, and agrees to use the Service in line with the Terms of Service and applicable law, in particular the Personal Data Protection Law No. 6698.
• If providing the Service becomes impossible, the Seller notifies the Buyer within three days of learning about it and refunds the amount charged within 14 days at the latest.

Article 10. Personal Data

The Buyer's order and billing details are processed as described in the Privacy Policy, only to provide the Service, for billing and to meet legal obligations.

Article 11. Disputes

Where the Buyer is a consumer, disputes arising from this Agreement are heard by the Consumer Arbitration Committees at the Buyer's place of residence or where the transaction took place, within the monetary limits announced each year by the Turkish Ministry of Trade, and by the Consumer Courts above those limits.

Where the Buyer is a merchant or a legal person, the Istanbul Anatolian Courts and Enforcement Offices have jurisdiction.

Article 12. Entry into Force

By approving the Preliminary Information Form and this Agreement electronically on the payment page and placing the order, the Buyer declares having received the preliminary information and having read and accepted all terms of this Agreement. The Agreement enters into force when the order is approved. In a dispute, the Seller's records are evidence within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

Contact

For questions about this Agreement, contact us at info@verfay.com.