These Terms of Service (“Terms”) constitute the legal agreement between Digital Collar Teknoloji ve Bilişim Hizmetleri A.Ş. (Çifte Havuzlar Mh. Eski Londra Asfaltı Cd. Kuluçka Merk. A2 Blok No: 151/B-Z06 Esenler – İstanbul) (“Company”, “We”, “Digital Collar”) and the customer (“You”, “Customer”) who purchases and uses the services (“Services”) offered by the Company through its website https://digitalcollar.io.
By filling out the quotation form on our website, accepting our quotation, making payment for the Services, or using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms. Please read them carefully.
“Services”: All professional services defined on Digital Collar’s website and related documents, including software development, digital product design, cybersecurity, IT consulting, digital marketing, training, and all other related professional services.
“Quotation”: The written document presented to the Customer detailing the scope, duration, and price of the Services.
“Project”: The entirety of Services delivered on a one-time basis and resulting in a “Delivery.”
“Subscription”: Refers to ongoing management and support Services on a monthly or annual basis.
After the Customer fills out the form on the website, Digital Collar presents a written Quotation following a meeting with the Customer. These Terms enter into force upon the Customer’s acceptance of this Quotation.
Project-Based Services: 50% of the project fee is paid in advance upon acceptance of the Quotation to commence work, and the remaining 50% is paid upon project delivery.
Subscription-Based Services: Service fees are invoiced as prepayment at the beginning of the service period (monthly/annual).
If payments are not made by the due date, Digital Collar reserves the right to suspend Services and apply late payment interest.
Invoices issued for a project are non-refundable. Digital Collar grants the Customer a maximum of three (3) rounds of revisions during the project delivery process, provided that they remain within the agreed project scope and design boundaries. Requests beyond this limit or any requests that change/expand the existing scope (Change Request) are subject to Digital Collar’s approval and additional charges; the Company reserves the right to reject such requests.
The Customer may terminate the Subscription by submitting a written cancellation request for the next billing period. Fees paid for the current period are non-refundable.
To ensure that the Services are provided in a timely and complete manner, the Customer:
a) Undertakes to provide all content, text, images, logos, trademarks, and other materials specified in the Quotation and request forms (“Customer Materials”) in a timely manner and in a usable form. Delays in Delivery caused by disruptions in the Customer’s own internal processes are not the responsibility of Digital Collar.
b) Warrants that the Customer Materials do not infringe any intellectual property rights or violate any third-party rights. In this context, the Customer accepts, declares, and undertakes that it is exclusively responsible for any and all claims, damages, expenses, lawsuits, and third-party demands that may be directed at Digital Collar; that it will promptly and fully indemnify the Company and hold the Company harmless from any and all liability.
The Customer may not use the Services or software provided by Digital Collar for the following purposes:
Any illegal activity.
Distribution of malicious software (malware, viruses, etc.).
Hosting or distributing content that infringes the intellectual property rights of any third party.
In the event of detection of the above violations, Digital Collar reserves the right to immediately terminate this Agreement, suspend all Services, and, if deemed necessary, report the situation to the competent legal authorities. Any and all damages, claims, penalties, expenses, attorney fees, and other obligations arising from such a violation or directed at Digital Collar by third parties are exclusively the responsibility of the Customer. The Customer agrees to promptly and fully indemnify Digital Collar for all damages it may incur in this context.
All pre-existing and project-developed trademarks, copyrights, patents, and other intellectual property rights belonging to Digital Collar shall remain with Digital Collar until the final payment for the entire project is received in full and complete from the Customer and Delivery is made.
Upon completion of the final payment, Digital Collar transfers to the Customer the intellectual property rights over the software code, design outputs, and other products developed within the scope of the said project and specific to the Customer.
Digital Collar undertakes that the Services provided using its own personnel and resources under its direct control will be performed in accordance with the specification set out in the Quotation and with reasonable care and skill.
Digital Collar provides no warranty for software, sites, or other products that have been interfered with, modified, or attempted to be modified by the Customer or third parties appointed by the Customer after delivery.
Warranties regarding third-party products or services used by Digital Collar within the scope of the Services (e.g., hosting providers, software libraries) are limited solely to the warranty conditions provided by the relevant supplier.
Digital Collar’s total maximum liability arising from this Agreement shall not exceed the total amount paid by the Customer for the relevant Service. Digital Collar shall under no circumstances be liable for indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profit, loss of data, business interruption, or loss of reputation.
How Digital Collar processes personal data is set out in the “Digital Collar Teknoloji ve Bilişim Hizmetleri A.Ş.” Privacy Policy, which is an integral part of these Terms. The Customer accepts the processing of their personal data in accordance with this policy.
These Terms shall be governed by and construed in all respects in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from or in connection with these Terms.
These Terms constitute the entire agreement between the parties and supersede all prior oral or written agreements.
All notices to be made to the parties shall be sent to Digital Collar’s registered office address or to the address specified by the Customer at the time of registration, by registered mail with return receipt, or to the email address agreed upon by the parties.
Natural disasters, war, mobilization, fire, epidemics, and similar events occurring beyond the control of the parties, as well as decisions of governments or official authorities, shall be considered force majeure. In the event of force majeure, the relevant Party shall immediately notify the other Party in writing. If the force majeure continues for more than one (1) month, the Parties may suspend the agreement until the force majeure ends or terminate it without compensation. In the event of termination under this clause, the Parties agree to fulfill their obligations that arose up to the occurrence of the force majeure and not to claim any compensation from each other.