Agreement for SAAS and Website Maintenance

In the agreement specified below, the platform provider is referred to as saastech.io ("Service Provider"). In the agreement specified below, the business using the platform is referred to as the ("Customer").

By using the services of Saastech.io, you agree to be bound by the following terms and conditions ("Service Terms").

The Service Provider reserves the right to update and amend the Service Terms from time to time. When the Customer wishes to access the Panel screen to use the product, they will encounter the current agreement and enter by confirming it. After any changes, accessing the panel by confirming the new agreement implies your consent to the changes. You can always review the most current version of the Service Terms at the following address: https://saastech.io/terms-and-services

Introduction:

The Service Provider offers a solution through web and mobile applications for business management panels and customer reservations and provides these services to the Customer under a SAAS (Software as a Service) agreement (hereinafter referred to as the "Services"). The Services are intended to be used by the Customer, who will perform business management, and their own customers and operational team through Web and Mobile Applications.

The Customer is willing to use the services of the Service Provider, and both Parties agree to the following:

The Customer, using the Service Provider's products, must confirm the agreement each time to access the Panel.

Terms of Agreement: The agreement is valid as long as the Service Provider's products are used.

The Service Provider agrees to provide maintenance services for SAAS management panels, websites, and applications for the Customer regularly every month.

Purpose:

The maintenance agreement for the SAAS-provided management panel, website, and applications is made to increase the customer's online visibility and conduct customer business management functionality both online and offline. Both parties agree to continue under the following conditions:

1. Service Level Agreement / Support Plan / Service Availability Guarantee:

The Service Provider will provide support services and the service levels will be as specified below.

Types of issues are classified as follows:

a) Critical Issues: The presence of a Critical Issue means that the SAAS service cannot be used at all or is so severely impaired that the system becomes unusable. For a Critical Issue, the Service Provider will make every effort to resolve the issue immediately after being reported as "critical" by the Customer.

b) Critical Errors: The presence of a Critical Error means that the functionality of the service is affected but can be used with the intervention of the Service Provider's support personnel, or the system can be used without affecting other programs or features, but a program or feature cannot be used, or the Service Software operates as a whole but a specific feature is partially disabled. In the case of a critical error, the Service Provider will make every effort to resolve the issue within 48 hours after registration. Security vulnerabilities are also considered Critical Errors.

c) Non-Critical Errors: The presence of a non-critical error means that the functionality of the Service Software is affected in a non-critical area and can be corrected temporarily by the Customer's personnel, with the assistance of the Service Provider's Customer support personnel, or independently by a temporary solution, making the programs usable or a program or feature cannot be used, but it does not critically affect the overall operation of the Customer, or the Service Software operates as a whole but a specific non-critical feature is partially disabled. In the case of a non-critical error, the Service Provider will make every effort to resolve the issue within 30 business days after registration.

d) Trivial Errors: A trivial error is an error that does not have a significant impact on the functionality of the Service Software or the availability of support materials but carries a certain level of annoyance. In the case of a trivial error, the Service Provider will make every effort to resolve the issue within 60 business days after registration.

The Service Provider agrees to promptly address Critical Issues brought to their attention by the Customer regarding the SAAS.

The Customer will communicate any complaints or issues about SAAS through the Support Tickets module. The Service Provider will provide the necessary Technical Support or responses through the same communication channels based on the problem classification described above.

There should be sufficient information for the Service Provider to take action on issues reported by the Customer.

Technical Support for Critical Issues will be provided 24/7; for other matters, service will be provided on business days (Monday-Friday, 09:00-18:00 UTC+3).

For Critical Issues, communication with the Service Provider can also be established through WhatsApp, Skype, or phone channels outside the Support Tickets module.

Service availability will be 99% throughout the term of the contract (with a minimum availability guarantee of at least 361 days per year).

The Service may be interrupted for up to 1 hour of planned maintenance per month; in this case, the maintenance schedule will be notified to the customer at least 48 hours in advance.

2. Work Plan for New Feature Requests and Integration Requests:

The SAAS solution is not custom-developed software exclusively for one customer. All software on the infrastructure is used by many customers worldwide. Therefore, the Service Provider evaluates the suitability of requested developments for the business model and the needs of all customers.

Any requirements related to the development of SAAS must be submitted through the following channels:

Customer requests for new feature development are submitted to the Service Provider through the "New Feature Request" title in the Support Tickets module.

The Service Provider reviews incoming requests for new feature development, and if approved by the Service Provider for compatibility with the business model, an estimated development timeline is provided and communicated to the customer.

The Service Provider is not obligated to accept all incoming requests for new features. The necessity and compatibility with the business model of the requested feature are investigated, and the decision regarding the development process is communicated to the customer with reasons.

The Service Provider will ensure that there are no errors in the system when delivering any development.

The Customer must re-test the newly developed feature. If there are any errors in the developments, the Customer should report this to the Service Provider through the Support Tickets module.

When new feature developments are completed, the Customer's Team will be informed through the Support Tickets module.

3. Backup Plan:

The Service Provider will ensure that all databases, code, log files, system files, customer data, company data, and all information are backed up every 2 hours and then uploaded to another server.

If SAAS encounters any critical issues or is damaged, the Service Provider must ensure that data is restored to a point up to 2 hours before the downtime begins. This recovery process should not take more than 30 minutes.

The Service Provider guarantees that backup data will be available for the last seven days and will be overwritten thereafter.

4. Data Rights and Privacy:

The data belonging to the Customer that is present on SAAS will not be shared with anyone by the Service Provider.

The Customer can view company, customer, employee, and user information through the panel. They can copy the information from the panel or download it in Excel format.

The Customer cannot request any software code, database output file containing relationships between data and database logics. Codes and database logics are part of The Service Provider’s software.

Customers have access to the data they can download via export features in the customer panel. This data includes the customer's own data such as customer information, employee data, teams, reports, orders, payments, financial information, revenue, expenses etc.

5. Mobile App Delivery:

The Personnel management application provided by the Service Provider, which is available on Apple, Android, and Huawei app stores, is active and ready to download for all Customers.

For applications that will be published on behalf of the Customer to enable order taking, the Customer needs to open their own application developer accounts.

When opening application developer accounts, the agreements, and payments made to the respective platforms are relationships between the Customer and the platform. The Service Provider is not a party to these matters.

The platforms that publish applications have their own service rules. These rules should be accepted and accounts should be activated by the Customer.

The platforms that publish applications may have annual or one-time payments. Payments should be made by the Customer to the respective platforms.

If the Customer is a newly registered company on SAAS, after Panel and Web activations are completed, and the entire business model and products are approved, the final step is the publication of mobile applications.

Apple, Android, and Huawei applications that enable order-taking will be published within 30 calendar days after Panel and Web activations are completed, and relevant platform memberships are created.

All reported developments and issues related to mobile applications are considered Trivial Errors, and the approval time for new application control by the platform is added to the development times. The publication time of the application is under the control of the publishing platform.

6. Design Adjustments:

The Service Provider offers design options with theme choices for the Customer.

The Customer can make design settings through the panel. The Customer can change the company logo, site images, and site design colors through the panel.

Logo sizes and file types have been determined by the Service Provider by the themes.

Design matters are subjective. Theme options, color changes, and visual changes are made by the Customer through the panel. The Service Provider does not develop custom designs for the Customer.

Design problems that are proven to be recurring and prevent placing orders on web and mobile versions and across all device types are defined as critical errors.

Problems that are believed to adversely affect the user experience but do not prevent placing orders are classified as trivial errors.

7. Hosting Server Features:

The Service Provider will be responsible for providing and maintaining all servers and hardware required for SAAS.

The Service Provider will share its server technical specifications with the Customer if requested.

Server management will be the responsibility of the Service Provider.

The Service Provider will continuously monitor server performance and ensure that the database is optimized.

If, due to the regulations of the country where the Customer is located, it is required that customer data must be located within that country, the backup of the data will be transferred to a server located in the Customer's country in a mutually understandable format. In the case of such additional local server requests, the monthly costs of the server will be covered or purchased by the Customer. Server access information is entered through the panel.

If the laws of the relevant country prohibit data synchronization across multiple locations and require that all data and software be hosted exclusively within that country, the service provider will locate a server with the necessary features in the required location. The pricing will be communicated to the customer.

After the customer approves the pricing, the installations will be carried out by the service provider. The one-time setup fee and monthly server costs are added to the invoice.

Additional rights to local server data

8. Security Plan / Penetration Testing Techniques and Tools:

The Service Provider will be responsible for the system security and penetration testing of the Customer's System, and the Customer will have the right to verify system security when necessary.

The Service Provider will provide the results of security and penetration testing reports to the Customer when requested.

The Service Provider will use optimized cloud protection and SSL packages to keep the Customer's system and data secure.

The Customer can also perform their security tests on the system and report any security vulnerabilities they discover to the Service Provider through the Support Tickets module. Security vulnerabilities will be classified as Critical Errors.

9. Content and Search Engine Optimization:

The Service Provider will be responsible for providing front-page search engine optimization management screens for the Customer's website.

The Service Provider offers integration tools through the panel to integrate visitor tracking or advertising tracking codes into the Customer's website.

It is the Customer's responsibility to enter titles and descriptions and create content to increase visibility on search engines.

The Customer determines the number of languages they support through the panel. Language support for entered content and content input screens are available on the panel.

The Customer can also provide feedback through the Support Tickets module if they are working with a consultancy firm to increase search engine visibility.

If the Customer is working with a consultancy firm, they should share the report with the Service Provider and ensure its implementation on SAAS.

The Customer will be responsible for text in all languages on the website.

10. Email Marketing, App Notification, Browser Notification, and SMS Services:

The Service Provider provides modules for sending emails, app notifications, and browser notifications to the Customer through the panel.

The Customer can integrate email-sending services (such as Microsoft, Gmail, Setrow, Madmimi, MailChimp, or alternatives) by purchasing the service and entering SMTP settings through the Customer Panel.

Customers can use these modules for marketing or customer notification purposes.

Once SMTP settings are entered, the Customer can send marketing emails, browser notifications, or app notifications from the panel.

Contracts and pricing with email delivery companies are not the responsibility of the Service Provider.

Data protection contracts related to marketing emails, notifications, and SMS messages are prepared by the Customer and added to the panel.

SMS sending is not the responsibility of the Service Provider due to the laws of the respective countries. The Service Provider facilitates the export of phone numbers of selected customers through filters in Excel format, and the Customer can then use external services to send these messages.

11. Integration of External Services:

The responsibility for purchasing external tools such as online payment systems, virtual POS, live support applications, staff navigation and route optimization, performance measurement tools for websites and applications, various plugins, and providing integration documentation lies with the Customer, and the integration is provided by the Service Provider.

Compatibility of the external service to be purchased with the system is verified by the Service Provider. The suitability of the service to be integrated must be presented to the Service Provider for approval through the Support Tickets module.

The Service Provider may reject the integration of the service if it determines that the external services are not suitable for integration due to code compatibility, security reasons, or any other reason and inform the Customer.

Payment delays for these externally purchased services, disruptions due to system updates, or similar reasons are matters between the Customer and the external service provider. The Service Provider is only responsible for the integration of these systems.

The Customer has control over the domain name, and the risk of the domain name being closed due to its expiration date is the responsibility of the Customer.

SSL certificate services can be provided free of charge by the Service Provider. The Customer may prefer to purchase SSL certificates externally. The validity period and fees for SSL certificates, as well as the certificate files that need to be communicated to payment systems, are the responsibility of the Customer.

External SSL certificates are integrated by the Service Provider. The Service Provider performs integrations based on the documentation provided to them.

Membership periods of platforms that publish mobile applications, updating of terms of service, and updating of certificate files are the responsibility of the Customer.

12. Conditions for Providing Training

The service provider will provide training to the customer's personnel on how to use the product.

The customer must have personnel with sufficient proficiency in a foreign language and computer skills to receive training on the use of the product.

Training sessions can be conducted through communication tools such as Skype, Google Meet, WhatsApp, etc. Remote support is provided using TeamViewer.

Frequently Asked Questions (FAQs), articles, and educational videos that customers can access will be continuously shared and updated on the Service Provider's website.

13. Commissions, Pricing, and Payment

Pricing Options:

Customer pricing may depend on the service type, hours of use, days of use, or a monthly fixed fee. Additionally, commission fees based on revenue may also be applicable.

The Service Provider's pricing and active packages are displayed on the Service Provider's website (www.saastech.io/pricing).

The pricing agreed upon by the Customer with the Service Provider will be continuously displayed on the Customer's dashboard.

The total cost will be calculated by the system and then displayed on the main dashboard. Invoices will be prepared on the 10th of each month and will be visible on the dashboard.

Apart from pricing, minimum amounts are specified for the usage of the service provider's products.

These minimum amounts are intended to cover server and software development costs in case the customer's performance is low. Minimum amounts are not additional costs but indicate the minimum to be paid if service usage is low.

Revenue-Based Pricing:

The Customer may prefer revenue-sharing pricing.

The monthly cost is calculated based on revenue and is displayed on the panel with details.

Hour or Day-Based Pricing:

The monthly cost is displayed on the panel with details based on hours used or days used.

The Customer may prefer usage-based pricing. Used hours represent the total hours of service provided, while used days represent the total days of service provided.

Fixed-Fee Packages:

Monthly fixed fees are packages provided by the Service Provider. These packages correspond to a monthly fixed fee.

Fixed-fee packages may have limitations or additional features depending on the package type.

Price Changes:

All pricing is reviewed and presented to the Customer for approval by the Service Provider at the beginning of each year.

The Service Provider cannot increase or decrease by more than 25% annually to the pricing applied to the Customer.

Billing and Payment:

Invoices from the Service Provider must be paid by the Customer via Credit Card through the Dashboard payment module within 10 calendar days (by the 20th of the month) after receiving the invoice.

In case of a dispute in the invoice calculation, the Customer must inform the Service Provider within 5 days after the invoice is prepared. If the dispute is not resolved within the next 5 days, the Customer must make the payment to the Service Provider, excluding the disputed amount. Once the dispute is resolved, the disputed amount will be paid.

If payment is not received on time, the Customer's Dashboard access will be suspended until payment is made.

Services suspended due to late payments are put on hold for an additional 30 days for payment. During this period, the customer cannot access the management panel, but the website and applications remain active. After the additional period, access to the products is completely revoked. The website, applications, and management panel become entirely inaccessible.

For customers whose services are suspended due to late payments, their data is backed up in the system for a period of 6 months. Customers who request the latest version of their data are billed for any outstanding invoice amount. Upon payment, the most recent data is exported and shared.

If payment is made within a 6-month period, the customer may request the reactivation of their products. All systems can be reactivated based on the latest backups.

In case of a total delay in payment of 6 months, the customer's backup files are also deleted. Payment is then requested from the customer through legal means.

14) Additional Paid Services That Can Be Added Later

The service provider informs the customer about additional paid services that can be added to the product at a later time.

If the customer wishes to use the paid additional services for a fee, they can review the prices and features. If the customer approves, the features are activated on the panel.

If the decision to use Additional Services is made, they will be added to the billing at the end of the month. Additional services are billed separately on the invoice.

15) Membership Cancellation and Termination

Service Provider Termination Conditions

The service provider reserves the right to terminate the contract due to certain conditions related to the use of the services or other specific reasons. This termination right, including but not limited to the following situations, can be applied:

Violation of Contract Terms: If the customer violates the terms of this contract during the use of the SaaS service, the service provider may exercise its termination right.

Payment Delay: If the customer fails to fulfill their payment obligation for the SaaS service, first, the services are restricted, and then, in case of non-payment, the termination right is reserved.

Inappropriate Use: If the customer uses the SaaS service for illegal or unauthorized purposes or engages in malicious activities, the service provider has the right to terminate the service.

Service Provider Termination Notification

The service provider is obliged to inform the customer through the Panel and the customer's communication channels before any termination process. This notification includes the reason for termination and the termination date. The termination process must be notified to the customer at least 3 months in advance. After receiving the termination notification, the customer has the right to download their data within the specified period, resolve any issues, or continue to use the system by correcting any discrepancies or making payments.

Data Retention Terms by the Service Provider

After the termination date, the customer may lose access to the SaaS service. Therefore, the customer is obliged to download or back up their data or information. The service provider may retain the customer's data for a certain period after the termination, but this period may be limited.

Service Provider Refund Policy

Fees for the use of services are calculated and collected from the customer after the use of services. In termination cases, only the service provider may have claims. There is no scenario in the revenue model where the customer can claim a refund in case of termination. The payment is non-refundable.

Customer Termination Conditions

The customer can terminate their membership at any time. The customer requests the cessation of systems by notifying the service provider at least 3 months in advance of the desired termination date. After the specified date, no usage fees will be charged.

Customer Termination Notification

The customer is responsible for informing the service provider before any termination process. This notification includes the reason for termination and the termination date. The termination process must be notified to the service provider at least 3 months in advance. After receiving the termination notification, the service provider will cease the services on the specified date and will not invoice.

Customer Data Access

The customer can download all data related to the customer, staff, active and past order information, turnover, financial information, teams, reports, and other customer-related data accessed from the panel, which will effectively stop the use of the product. Some data can be downloaded in Excel format, while some data can be copied from the panel. The customer cannot request any software code, database schema, or associated data in case of termination.

Customer Refund Policy

In the event of customer membership cancellation, the customer is responsible for paying the last invoice calculated by the system. The service provider will not charge any penalty or fees for cancellation and termination.

16. Limitation of Liability

Contact us

[email protected]

www.saastech.io