PARTIES
1.1. This agreement is between the Seller Intermediary, Seller, and Buyer.
Seller Intermediary: 1. PARTIES
Payment Service User Agreement (Agreement)

1. LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ (LINK PAYMENT), residing at EHLİBEYT MAH. TEKSTİLCİLER CAD. NO: 16 İÇ KAPI NO: 6 ÇANKAYA / ANKARA, with email address: [email protected] (Hereinafter referred to as RECOUP) reserves the right to reject an approved and/or pending application without showing any reason and/or to request additional information and documents. The Payment Service User will be responsible for all damages that may arise due to providing inaccurate or false information and documents. It is possible to conclude this Agreement between the Parties electronically or physically. In case the Agreement is concluded through the electronic approval method, the person concluding this Agreement on behalf of the Payment Service User, the owner of the phone line where the Agreement is concluded, and the subscriber and owner of the line connected to the IP address where the Agreement is concluded commit to the following matters: They declare, accept, and commit that they are authorized to conclude this Agreement alone; in the case of a legal entity, they have received authorization from the legal entity to perform the transaction, and in this regard, they are acting on behalf of the legal entity. If this Agreement is concluded online, the person concluding this Agreement declares, accepts, and commits that they are the guarantor of the legal entity's obligations in this Agreement in accordance with Article 128 of the Turkish Code of Obligations. If the Agreement is concluded through the electronic approval method, the Payment Service User will take a printout of the Agreement sent to their contact email address and, in case of the existence of a legal entity, will send it together with the signature circular to the address of RECOUP specified above. This provision will not apply to agreements signed physically with wet signatures. These Informations Will Be Provided as Mandatory Documents Annexed to the Agreement; In case of submitting incomplete documents, RECOUP has the right not to put the Agreement into effect in any case. RECOUP and the Payment Service User will be referred to separately as Party, together as Parties.
   2. SUBJECT AND PURPOSE OF THE AGREEMENT
   2.1. RECOUP provides payment service infrastructure and solutions to the Payment Service User, who operates in e-commerce and/or other electronic environments and acts as an e-commerce platform, to collect the fees for the sales made and services provided over the platform. It enables the Payment Service User to make online payments for products and services offered via the Internet and Mobile Device.
   2.2. The Payment Service User is a real or legal person who wants to make online payments for products and services offered through the Marketplace platform via a website or Mobile Device or any platform-independent digital application, who engages in sales activities in e-commerce and/or other electronic environments, and who conducts these over the website (Website) at the address(es) written below, if any, belonging to them.
   2.2.1. Web address(es) where the virtual POS will be used
   2.2.2. IP information of the payments to be sent. The Payment Service User wishes to benefit from the virtual payment solutions service provided by RECOUP, and payments to be made by End Users will be realized over the secure online payment solution (Virtual POS) to be offered by RECOUP on the Website and/or the secure mobile payment solution to be offered by RECOUP.
   2.3. The subject of this Agreement is the determination of the terms and conditions of the Virtual POS service to be offered by RECOUP to the Payment Service User.
2. DEFINITIONS In this Agreement;
   3.1. Security Incident: Situations of violation of the confidentiality, integrity, or accessibility of information systems or the information processed by these systems, or attempts to violate them, or detection of forgery or fraud,
   3.2. Sensitive Payment Data: Personal security information regarding payment instruments used by the Payment Service User or End Users in giving a payment order or verifying the identity of End Users, such as password, security question, certificate, encryption key, PIN, card number, expiration date, CVV2, CVC2 code, which, if captured or altered, could allow fraud or fraudulent transactions on behalf of End Users,
   3.3. Website: The website with the extension ________________ belonging to the Payment Service User and used in their online trade activity, or the mobile application named _____________ or any platform-independent application named ________________,
   3.4. Law: Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions and this Law,
   3.5. Mobile Device: Mobile phones, Tablets, and without limitation, all portable electronic devices providing data flow over the internet,
   3.6. RecoUp Management Panel: The web management interface belonging to the RECOUP Payment Service used by the Payment Service User,
   3.7. RECOUP Payment Service: The Virtual POS process completed by making payment through the Website of the Payment Service User and/or the interface provided by RECOUP, sending a copy of the service receipt to the defined email address of the End User, and realizing the virtual payment,
   3.8. Virtual POS: The Virtual POS provided by RECOUP, obtained from the bank RECOUP has an agreement with, integrated into either the Website or Mobile Device or any application that can work platform-independently through the web service provided by RECOUP,
   3.9. End User: Those who purchase the products or services offered by the Payment Service User using the Virtual POS,
   3.10. Technical Tools: The web interface where the Payment Service User conducts e-commerce,
   3.11. Payment Service User Support Officer: The personnel authorized by RECOUP to support and communicate with the Payment Service User regarding the use of the Payment Service, specified in this Agreement,
   3.12. Payment Card: The payment card that enables making payments and is issued by a bank in cooperation with VISA, MasterCard, and AMEX institutions,
   3.13. Sender: The real or legal person giving a payment order from their own payment account or without having a payment account,
   3.14. Marketplace: The online payment platform belonging to the Payment Service User hosting the Website,
   3.15. Marketplace Virtual Store Owners: Legal or real persons with or without a tax plate who sell products or services on the Marketplace thanks to the technological infrastructure offered by the Marketplace,
   3.16. Regulation: Regulation on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions No. 29043.
3. GENERAL PRINCIPLES REGARDING VIRTUAL POS WORKING PRINCIPLES
   4.1. The Parties accept that RECOUP is not a bank, credit, or financial institution, and the service is not a banking service but a payment intermediation service, and that RECOUP acts only as a payment intermediary, not as a custodian or trustee regarding the payment of the End Users.
   4.2. The service offered by RECOUP under this Agreement is a payment service defined in accordance with the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions and the relevant legislation.
   4.3. RECOUP will provide the necessary technological infrastructure for integrating Virtual POSs into the Payment Service User's Website and for realizing payments for products and services ordered from the Website by End Users through these Virtual POSs.
   4.4. Payments to be made from the collection page of the Payment Service User's website will be carried out with the 3D Secure verification method. However, with RECOUP's approval and provided that the limits and/or collaterals deemed appropriate by RECOUP are accepted and fulfilled by the Payment Service User, in line with the Payment Service User's request, the Payment Service User will be responsible for objections, feedback, and chargebacks that may arise for transactions without the 3D Secure verification method.
   4.5. The content required by the legislation regarding the payment requested to be mediated will be sent via SMS to the phone reported by the Payment Service User as belonging to the End User. After the End User approves this content and the payment, intermediation for the payment service will be provided with the 3D Secure method over the Virtual POS. In line with the Payment Service User's request, the Payment Service User will be responsible for objections, feedback, and chargebacks that may arise for transactions without the 3D Secure verification method.
   4.6. The Payment Service Provided; is the process including the collection of the payment from the payment card of the End User who prefers to make their payment with RECOUP via the RECOUP Payment Service and transferring it to the bank accounts of the Payment Service User.
   4.7. The Payment Service User will be authorized to use the RECOUP Payment Service upon signing the Agreement, completion of the integration by RECOUP, and from the date of delivery of the password and username to them for accessing the interface of the Website.
   4.8. The total transaction limit to be realized with a payment card over the Website for the End User may be unilaterally changed by RECOUP. Said limits may be unilaterally changed by RECOUP. If limits are not determined, the limits defined in the RECOUP system are valid.
   4.9. The daily transaction limit, single transaction limit, and the daily number of transactions of the Payment Service User are limited as defined in the system.
   4.10. Turkish Lira or other currencies agreed upon by the parties are used as the currency in all monetary transactions made through the RECOUP Payment Service.
   4.11. It is mandatory to have a Turkish Language Option on the website of the Payment Service User.
4. RIGHTS AND OBLIGATIONS OF RECOUP
   5.1. RECOUP will receive a commission from the Payment Service User under the name of payment service fee in accordance with Article 8 of the Agreement for each transaction made over its own Virtual POS integrated into the Website.
   5.2. RECOUP will accept the payments made by the End Users regarding the products and services provided by the Payment Service User and, within the scope of the principles stipulated in this Agreement, in cases where there is no Security Incident, will transfer these payments to the bank account of the Payment Service User collectively and after the payment service fee is deducted, on the designated business day following the transaction. In case of a Security Incident, RECOUP may hold the payment.
   5.3. Without prejudice to the provisions of the legislation, the Payment Service User will be able to access the account statement regarding the transactions made with the RECOUP Virtual POS by the End Users at the end of each month via the Management Panel over the RecoUp application. The receipt will be sent once a month. Also, transaction details made via the RecoUp Management Panel will be viewable by the Payment Service User. The Payment Service User is obliged to reconcile the transactions and, in case of a negative situation, notify RECOUP in writing within 10 days at the latest. The Payment Service User accepts that RECOUP has no responsibility in disputes that may arise due to the failure of the Payment Service User to notify or late notification.
   5.4. RECOUP is responsible for providing the information necessary for the performance of the obligations the Payment Service User must fulfill under this Agreement and, if requested by the Payment Service User, preparing the necessary documentation for the training of the Payment Service User's personnel.
   5.5. RECOUP will effectively provide access to the RECOUP call center for the resolution of problems experienced regarding security and data confidentiality, and will show maximum effort to eliminate problems and malfunctions in this regard.
   5.6. In order to ensure effective communication between the Parties, an email address has been determined by RECOUP as contact information below, and the Payment Service User will be able to reach the Payment Service User Support Officer between 09:00 and 18:00, excluding Saturdays, Sundays, and official-national holidays, via the email specified below. The Payment Service User will use these communication channels to get information about accessing the information and conditions in the agreement. Email: [email protected]
   5.7. The RECOUP Payment Service User will notify RECOUP within the most reasonable time of any malfunction in case the Payment Service does not work, stops working, or cannot be defined without any fault of the personnel working for the Payment Service User. RECOUP is responsible for fixing the malfunction that occurs without the fault of the Payment Service User or its personnel.
   5.8. Within the framework of the obligations mentioned in this Agreement and all notifications that must be made in terms of Law No. 6493 and related legislation will be made by RECOUP to the email address(es) of the person(s) reported by the authorities of the Payment Service User, which the Payment Service User reports as belonging to the persons to be notified. Notifications will be made as frequently as required by the legislation or when RECOUP deems it necessary.
   5.9. RECOUP is obliged to equip the RECOUP Payment Service with high security standards corresponding to the most up-to-date technical knowledge in order to prevent unauthorized persons from accessing transmitted information, and will also ensure the encryption of information transmitted from the RECOUP Payment Service. The Payment Service User is obliged to take all kinds of security measures in all matters and cannot hold RECOUP responsible for damages that may arise in this regard and cannot make any claims.
   5.10. After the intermediation transaction to the Payment Service whose infrastructure the Payment Service User received from RECOUP, whether 3D secure is used or not, if the bank conveys a request to RECOUP that an individual shopping transaction made by the End User has the nature of a "suspicious transaction" or to suspend it for other reasons, RECOUP has the right not to make any payment to the Payment Service User for these individual shopping amounts, since it will postpone the payment until the end of the payment period, make no payment at all, or refund the transaction amount in case the risk occurs. This provision will apply in accordance with Law No. 6493 and relevant legislation only if the transaction partner bank notifies RECOUP and the End User that the End User's transaction is of a suspicious nature.
   5.11. RECOUP may refund a completed payment to the End User upon the written instruction of the Payment Service User in cases such as failure to deliver the product originating from the Payment Service User or the transaction carrying a chargeback risk, whether it is 3D secure or not (a payment with a completed status). The Payment Service User is responsible for all damages that may arise if a good/service purchased by the end user is not delivered/provided at all or is delivered/provided incompletely or defectively.
   5.12. The Payment Service User declares, accepts, and commits that in cases of product return or chargeback, the deductions that may be applied by the banks to RECOUP, whether 3D secure or not, may be deducted by RECOUP from the next payment amount, or if there is no such amount, may be requested separately by RECOUP, and in this case, they are obliged to pay it to RECOUP within 3 business days. In such cases, the Payment Service User cannot demand RECOUP to refund the Payment Service Fee. In case any End User's payment is refunded by RECOUP, taxes related to the transaction will be collected by RECOUP via set-off or payment from the Payment Service User. If the transaction partner banks do not find it appropriate to work with the payment service user for security reasons, the use of bank payment systems defined on behalf of the payment service user will be immediately blocked by RECOUP. In this case, RECOUP may terminate the agreement immediately and unilaterally.
   5.13. RECOUP will be responsible for the Payment Service User's card acceptance policies and procedures. In case it is determined that the changes do not comply with the standards of the transaction partner banks and VISA, MasterCard, and other payment card institutions, the service provided by RECOUP will be suspended.
   5.14. The responsible and addressee party regarding chargeback transactions arising from the use of virtual POSs allocated to the Payment Service User is the Payment Service User. Damages incurred by RECOUP as a result of these transactions will be collected from the Payment Service User.
   5.15. In case transactions made from Virtual POS are deemed risky, RECOUP may block the Payment Service User's account up to the risk amount during the review period to be conducted by RECOUP.
   5.16. In case the matters stated in the articles of the Agreement are not paid attention to by the Payment Service User, and although the transaction made from the Payment Service User is approved, it is understood to be fake or a suspicious transaction is observed, the banks RECOUP works/does not work with and/or institutions and organizations block all accounts of RECOUP for any reason without the need for any notice or warning, apply value date, take the fund into their own disposal, stop the payment to be made to the Payment Service User / request its stoppage, etc., the Payment Service User has accepted and committed irrevocably and in advance within the scope of this agreement that RECOUP will apply the same processes for the Payment Service User as well.
   5.17. Regarding the working conditions related to the collaborations RECOUP makes with both banks and other institutions and organizations and/or changes in its internal organization and working structure, and the Payment Service User acting contrary to the provisions of this Agreement and the applicable legislation or regulatory administrative actions, failing to take the necessary measures for the establishment of transaction security, and without being limited to these, RECOUP has the right to suspend the services it offers to the Payment Service User under the Agreement and to close the Virtual POS to use when deemed necessary, reserving its rights in Article 25 of this Agreement.
5. OBLIGATIONS OF THE PAYMENT SERVICE USER
   6.1. The Payment Service User will use the payment service offered by RECOUP only as specified and intended in this Agreement, and will pay RECOUP a payment service fee within the scope of the conditions specified in Article 8 of this Agreement.
   6.2. The Payment Service User agrees and commits to indemnify RECOUP, its officers, directors, and employees for any damages and expenses (including attorney's fees) arising from third-party claims or demands caused by the violation of the laws or the rights of a third party in connection with their use of this Agreement or the documents incorporated by reference or the services.
   6.3. The Payment Service User accepts, declares, and commits that they will not engage in transactions that have the nature of cash sales providing benefit to themselves or third parties by making transactions contrary to their real will over either the Mobile Device or the Website in the Payment Service received via Virtual POS with the aim of obtaining gain using a payment card belonging to themselves or a third person. In case such a transaction is detected by RECOUP or official authorities, RECOUP has the right to stop the use of Virtual POSs, which will be unilaterally and immediately effective, and to terminate the Agreement due to breach of contract, and the Payment Service User will be responsible for all damages that may arise.
   6.4. The Payment Service User accepts, declares, and commits that the Virtual POSs will be used exclusively by themselves and will not be made available to a third party without RECOUP's written permission, that the bank account number they will report from the system for the transfer of payments with a change request both during the establishment stage of the agreement and during the continuation of the agreement belongs exclusively to themselves, that therefore, in case RECOUP incurs a loss, they will cover the entire loss immediately upon RECOUP's first written demand reaching them, and that RECOUP will be released from its debt by sending the money to the reported IBAN number. Violation of the said provision constitutes a breach of the Agreement, and this violation will be a sufficient reason for RECOUP's unilateral termination of the agreement and cancellation of the Virtual POS use.
   6.5. The Payment Service User accepts and declares that RECOUP may refuse the payment in the situations defined in 6.2, 6.3, and 6.4, which are considered risky by RECOUP.
   6.6. The Payment Service User will be given tools such as password/passcode/username, etc., by RECOUP. The Payment Service User is obliged to keep these tools confidential, not to disclose them to unauthorized persons, and to prevent the password from being used for malicious purposes. The Payment Service User authority will be given an eight (8) character password consisting of numbers and letters by RECOUP to manage RECOUP Pro; the Payment Service User is obliged to keep the password confidential, not to disclose the password to unauthorized persons, and to prevent the password from being used for malicious purposes (e.g., not using the password while others are present, providing protection against Trojan horses recording keyboard movements, etc.).
   6.7. RECOUP will not be responsible for any damage the Payment Service User may suffer in cases of loss or exposure of the password by the Payment Service User.
   6.8. The Payment Service User is obliged to report the relevant situation directly and immediately to the address [email protected] via email if a Security Incident is noticed.
   6.9. The Payment Service User accepts, declares, and commits that they will comply with the internal control procedures carried out by RECOUP for fulfilling the obligations within the scope of the Law No. 5549 on Prevention of Laundering Proceeds of Crime dated 11/10/2006 and for preventing fraud, and that they will make any cooperation in this regard. The Payment Service User where the Virtual POSs are used is responsible for fulfilling the obligations imposed by Law No. 5549.
   6.10. The Payment Service User will be obliged to provide RECOUP with the following documents within 1 business day from the date of request regarding the refund of the payment transaction causing the End User's complaint and the bank's request:
   a) The invoice presented to the End User, including taxes, containing the End User's identity information,
   b) Log records showing the date and exact time the End User logged into the Websites and the IP number of the End User,
   c) A copy of the confirmation that the products were sent or the requested services were provided,
   d) The identity information of the End User who ordered the products or services that are the subject of the complaint.
   6.11. In case the Payment Service User cannot provide the information and documents specified in the above article within 1 business day after being requested in writing, RECOUP will have the right to unilaterally deduct the relevant amounts from the Payment Service User's account, including commission, possible fees and sanctions, or other payments. RECOUP has the right to unilaterally deduct the relevant amounts from the Payment Service User's account upon the understanding that the End User complaint is justified, even though the information and documents were provided by the Payment Service User on time. 6.12. The Payment Service User will offer legal products and services offered for sale on the websites running on the Marketplace. RECOUP will have the authority to reject payments regarding these products or services or to completely stop the use of the RECOUP System in case it detects that especially the products or services stated below are offered. The rejection of the Payment Transaction or the complete suspension of access to the Platform depending on the reasons listed below does not constitute a breach of the Agreement by RECOUP. All responsibility that may arise due to the matters included below belongs to the Payment Service User, and RECOUP's right of recourse to the Payment Service User is reserved.
6. Prescription drugs, narcotics, and psychotropic substances,
7. Products and services that remove copyright protections through technical means,
8. Products and services falling within the scope of terrorism legislation,
9. Listening device products,
10. Sites selling prohibited publications.
11. Products/services aimed at the violation and exploitation of animal rights
12. Sites selling assistance for passing drug tests (Doping drugs, etc.)
13. Products/services that are contrary to human dignity, public order, general morality, security, and health, and that contain violence
14. Any product/service obtained through illegal means such as forgery, smuggling, theft, etc.
15. Any product/service obtained through means not complying with the Turkish Food Codex Communiqué No: 2013/49 of the Ministry of Agriculture, Food and Livestock and other legislation
16. Auction sites
17. Products whose buying and selling are subject to state permission
18. Sites selling alcoholic beverages
19. Betting and gambling sites
20. Websites selling weight loss tablets
21. Sites selling live animals
22. Offline sales made via call centers
23. Stolen goods, sites selling products whose serial numbers have been removed
24. Bill payment centers
25. Imitation or counterfeit products/services aimed at the violation and exploitation of intellectual and industrial property rights
26. Sites engaging in FOREX activities
27. Sites selling stocks, bonds, and bills
28. Sites selling human organs
29. Sites providing internet service provider services
30. Sites selling smuggled and import-banned products
31. Offering for sale information such as private news, photos, images, phone numbers, emails, residential addresses that violate personal rights.
32. Sites selling copied and unbanderoled products
33. Sites selling cultural and natural assets
34. Sites selling brand promotional products
35. Sites selling master keys and lock picks
36. Products/services aimed at game copying (R4/modchip)
37. Websites realizing pyramid sales
38. Sites selling radar detectors
39. Sites selling prescription and non-prescription drugs
40. Sites selling prescription, non-prescription drugs, Lenses, products containing indication information
41. Sites selling official clothing and uniforms
42. Sites selling fake documents, IDs, passports, diplomas, nobility titles, etc.
43. Sites selling fake or replica products
44. Sites selling Synthetic Stimulants (all substances called Bath Salts, K2, Spice, Genie, Kronic) and Salvia Divinorum
45. Sales of cigarettes and tobacco products (including electronic cigarette sales)
46. Sites with political content
47. Other products or services containing insults, swearing in a way that may damage RECOUP's reputation before third parties
48. Sites selling games of chance tickets
49. Sites selling saving devices
50. Sites selling bulk electronic mail address lists
51. Sites selling traffic devices (Radar jammers, etc.)
52. Sites selling TV decoders and scrambled broadcast decoders
53. Sites selling veterinary medicinal products
54. Sites selling Hacking and Cracking Software on the Web Environment
55. Sites selling flammable and explosive materials
56. Illegal adult sites, Sites selling products with sexual / Pornographic content
57. Products and services contrary to the mental health of youth and children, damaging child and human rights
    6.13. The Payment Service User accepts, declares, and commits that they will operate and comply/will comply with the rules of transaction partner banks and VISA, MasterCard, and other payment card institutions, T.R. Laws, and applicable legislation rules; and that the authorizations belonging to the payments made by the Customers are realized within the scope of these rules and procedures. The current rules of these payment card institutions are published on the Interbank Card Center's website www.bkm.com.tr under Useful Information > Member Merchant Guide, and the Payment Service User is obliged to follow the specified rules up-to-date.
    6.14. The Payment Service User accepts and declares that they will be subjected to an evaluation process by the risk management teams of the worked banks in line with the fraud and risk policy.
    6.15. The Payment Service User declares and accepts that they know they use the products and systems offered and supplied by the transaction partner bank for the operation of RECOUP and the RECOUP System.
    6.16. In case the activity area of the Payment Service User permitted by RECOUP changes, the said change will be notified immediately to RECOUP, and if it is determined that the new content does not comply with the service standards of RECOUP, transaction partner banks, and VISA, MasterCard, and other payment card institutions, the service provided by RECOUP may be immediately terminated or suspended without the need for any notice.
    6.17. The Payment Service User will include the area (footer) where the logos of payment card institutions (Visa, Mastercard, etc.) are located on the payment page. The Company accepts and commits that it will not make a change in this area without RECOUP's written permission.
    6.18. The Payment Service User accepts that the agreement will be automatically and immediately terminated if international payment card institutions (Amex, Visa, Mastercard, BKM) delete the registration of RECOUP, and therefore they will not claim compensation under any name.
    6.19. Within the scope of the legislation, the Payment Service User accepts that they are responsible to RECOUP for the penalty, damage, and loss that will occur due to the non-notification if they do not make the notifications that must be made to the End Users.
    6.20. The Payment Service User accepts, declares, and commits to accurately and fully transmit the end user IP to RECOUP in every transaction. Also, the Payment Service User commits to use a static IP for their own transactions. The IP number(s) they declare as belonging to themselves in Article 2.2 of the agreement, and they are obliged to deliver the documents certifying that they are the owner of the line belonging to this IP number following the signing of the Agreement. Furthermore, if the static IP of the Payment Service User changes for any reason, they are obliged to notify RECOUP of this situation immediately and in writing.
    6.21. The Payment Service User is obliged to notify RECOUP in writing in case of any change in their information. They accept, declare, and commit that RECOUP will not be responsible for damages that will occur due to not reporting or reporting late the information changes.
    6.22. If the service or products sold by the Payment Service User are among the services or products for which the BRSA has brought installment limits, the Payment Service User is obliged to declare this situation to RECOUP. If this obligation is not fulfilled and for this reason, RECOUP falls into the position of providing the installment opportunity provided by banks for a product with determined installment criteria, the Payment Service User will be obliged to pay in cash and at once upon RECOUP's first demand all penalties and compensations that RECOUP may suffer. It is published under the Legislation, Bank Cards and Credit Cards Law and Regulations Related to the Law on the BRSA's website www.bddk.org.tr, and the Payment Service User is obliged to follow the specified rules up-to-date.
    6.23. The Payment Service User accepts, declares, and commits that RECOUP may separately collect a fee determined monthly or annually from the Payment Service User to cover the technical, operational, or other fixed/variable costs of the payment service in addition to the commission and other fees arranged in the agreement in payment transactions. The Payment Service User accepts, declares, and commits that all kinds of fixed/variable fees, dues, deposits, etc., reflected to RECOUP by Banks and/or other Payment Systems regulatory institutions and organizations, all kinds of increases in pricing for various reasons, etc., will be collected from the Payment Service User.
    6.24. The Payment Service User; is directly responsible to RECOUP for the penalties to be accrued to RECOUP regarding their activities contrary to the rules of legal authorities or card transaction institutions and or the damages to occur due to the sanctions to be applied.
    6.25. They accept, declare, and commit that there are no and/or will be no transactions falling within the scope of the fictitious transaction definition within the scope of the professional regulation decision and all relevant legislation, that they will use the POSs allocated to the Payment Service User and/or whose actual use is left to third parties in accordance with the agreement and its procedures, that fictitious transactions will not be allowed, that they are and will be personally responsible to RECOUP for all unlawful uses, and that they can share all kinds of information and documents belonging to the Payment Service User with legal authorities within the framework of all relevant legislation.
    6.26. The Payment Service User accepts that they have the obligation to provide information regarding recurring payments and to take instructions from the End User regarding recurring regular payments in the presence of the End User's request. The Payment Service User is responsible for all damages that will occur due to violation of these obligations.
    6.27. The Payment Service User is obliged to pay completely and in cash upon the first written demand any damage RECOUP suffers due to the acts of business partners serving over RECOUP payment systems under any name on behalf of themselves and/or not fulfilling the obligations undertaken with this Agreement completely and perfectly as required. The Payment Service User declares, accepts, and commits that they will fulfill all obligations related to this service imposed by banks and official institutions to RECOUP upon RECOUP's first demand. The Payment Service User is obliged to cover all damages RECOUP will suffer due to violation of these obligations. Especially in terms of the determination of obligations with banks, the agreements and additional protocols RECOUP has made with banks are binding for the Parties.
    6.28. The member merchants/integrator/integrators directed to RECOUP upon being directed by the customer/business partner and/or integrator for the transactions passing from the member merchants working with RECOUP, declare, accept, and commit that their accounts will be blocked by RECOUP in response to any kind of objections coming/may come and/or in case of transactions seen as risky, and that the relevant amount will be offset from the accounts of the directing integrator, business partner, and all directed member merchants.
    6.29. RECOUP does not have to accept requests regarding the transfer of amounts coming from End Users and to be transferred to the Payment Service User according to Article 8 of this Agreement to a bank account belonging to the Payment Service User located abroad. In case this request is accepted by RECOUP, all responsibility belongs to the Payment Service User, and RECOUP has the right of recourse regarding the damages to occur.
    6.30. The Payment Service User declares, accepts, and commits to procure, keep, and submit to RECOUP immediately upon RECOUP's first demand any document regarding the transactions made that is legally expected/required to be arranged by RECOUP, needs to be taken from the end user and needs to be given to the end user, or to procure and submit to RECOUP additional new documents.
    6.31. The Payment Service User is obliged to protect the Website and servers from virus attacks or third-party attacks with protections provided through third parties with appropriate experience and expertise.
    6.32. The Payment Service User is obliged to present on the Website the information required to be presented in accordance with the legislation in force, especially the information specified below:
    -Product Return/Cancellation Policy,
    -Distance Selling Agreement,
    -SSL Certificate,
    -Contact Information (open address established in Turkey, fixed phone, etc.)
    -Delivery conditions,
    -Privacy Security Policy,
    -Ability to Create a Basket for Product/Service
    6.33. The Payment Service User will fulfill all obligations regarding documentation under taxes and other legislation for every product and/or service sold over the Website.
    6.34. In case the Payment Service User offers Card Storage Service to cardholders and a service regarding recurring payments dependent on this product, they declare, accept, and commit that they will procure/fulfill the issues of card storage agreement approval, cardholder instruction for recurring payments, cardholder approval within the scope of KVKK, and informing the cardholder within the scope of KVKK from the cardholder according to the requirements expected by the legislation, and that they will immediately transmit the relevant agreement, information, and documents to RECOUP upon RECOUP's first demand.
58. OBLIGATIONS OF RECOUP AND PAYMENT SERVICE USERS WITHIN THE SCOPE OF THE PERSONAL DATA PROTECTION LAW
    7.1. In cases where RECOUP offers payment service infrastructure and solutions to the Payment Service User for collecting the fees of sales made over the internet, the Payment Service User firstly; since it is stipulated to share the relevant information in the form of Article 6 Identification in Real Persons and Article 7 Identification in Legal Entities Registered to the Trade Registry of the Regulation on Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism published in the Official Gazette dated 09.01.2008 and No. 26751, and again in case other information requested by RECOUP is considered personal data, Payment Service Users accept, declare, and commit that they consent to the use of this data by RECOUP, its storage for 10 years following the termination of the agreement, and its sharing with the Bank, BRSA, MASAK, Administrative Institutions, Prosecutor's Office, and all other persons required per the performance of the job subject to the agreement and per the legislation, and that the necessary informings regarding the issue have been made by RECOUP. The Payment Service User declares, accepts, and commits that the said information and all information included on the RECOUP system can be used by RECOUP for analysis purposes, and that the anonymous analysis results can be shared with all 3rd parties. The Payment Service User accepts, declares, and commits to present to the information of the End User the informing that the personal data related to themselves of the consumers/subscribers within the scope of the transactions made regarding the End User can be shared with the Banking Regulation and Supervision Agency and the Financial Crimes Investigation Board, or with other 3rd parties, institutions or organizations, or authorities if necessary for the performance of the transaction requested by the End User. In case the necessary informing within the scope of this provision is not made to the End User, the Payment Service User accepts, declares, and commits that they will be responsible for all damages that will arise directly and indirectly on behalf of RECOUP. The Payment Service User is obliged to inform that there are End User rights within the scope of Article 11 of the Personal Data Protection Law No. 6698. The Payment Service Users accept, declare, and commit that during the preparation of this informing, they must prepare an informing within the framework of their own administrative rules and, most importantly, by checking the relevant legislation, and present it to the End User.
    7.2. The Payment Service User accepts, declares, and commits that the Payment Service User, who is responsible for the establishment and management of the data recording system formed by integrating RECOUP's software infrastructure into their existing system and in accordance with the regulations determining the processing purposes and means of personal data within the scope of the Personal Data Protection Law No. 6698, for recording, storing, preserving data, in short, obtaining and protecting data per the provisions of this law, cannot disclose to 3rd Parties, alter, or reorganize the obtained data contrary to the law, and that they are the Data Controller in this context and take all kinds of technical and administrative measures necessary to ensure the appropriate security level in order to prevent the unlawful processing of and access to personal data, and to ensure the preservation of personal data. However, the Payment Service User will not keep, process, and record sensitive payment data within themselves, except for the communication between the terminals necessary for the realization of the services and RECOUP. Payment Service Users are responsible for all damages that will be experienced due to acting contrary to this matter.
    7.3. The Payment Service User expressly consents to the processing, storage, transfer domestically and abroad, and sharing with third parties by RECOUP of the personal data and special category personal data compulsorily shared with RECOUP per the performance of this agreement and within the scope of the applicable legislation. Per Article 11 of the Personal Data Protection Law, the rights of the Payment Service User regarding their personal data are as listed below:
    a) To learn whether personal data is processed,
    b) To request information if personal data has been processed,
    c) To learn the purpose of processing personal data and whether they are used in accordance with their purpose,
    ç) To know the third parties to whom personal data is transferred domestically or abroad,
    d) To request the correction of personal data in case of incomplete or incorrect processing,
    e) To request the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7 of the Law on Protection of Personal Data,
    f) To request notification of the operations made pursuant to subparagraphs (d) and (e) to third parties to whom personal data has been transferred,
    g) To object to the occurrence of a result against the person themselves by analyzing the processed data exclusively through automated systems,
    h) To demand the compensation of the damage in case of incurring damage due to the unlawful processing of personal data.
59. PRICING AND PAYMENTS
    The Payment Service User accepts, declares, and commits that if the payment is made using the RECOUP Payment Service, RECOUP is entitled to a commission of ..% (percent) of the transaction amount, including all taxes, under the name of payment service fee for each realized transaction, or if the bank provides installment options for the said transaction and the transaction thus becomes an installment transaction, the rates specified in the continuation of the article, transmitted via channels such as email, etc., will be valid. The Payment Service User accepts, declares, and commits to pay the Virtual Pos usage service fee for Mobile Device to RECOUP if there is service procurement in certain periods due to all kinds of technical, hardware, infrastructure, etc. services provided by RECOUP. In the case of an installment transaction, the rates specified in Annex-2 and/or transmitted via channels such as email, etc. will be valid. In cases of Refund and Chargeback, RECOUP's commission fee amount (including all taxes) will also be paid by the Payment Service User. In case the Payment Service User falls below the turnover expected from them, works inefficiently / makes no transactions or makes few transactions, RECOUP will have the right to close the Virtual Pos service it offers. Per this article, the fees RECOUP is entitled to will be deducted from the payment coming from the End User and the remaining part will be transferred to the Payment Service User's IBAN: _________________________ account within a certain business day. If it is requested to change the bank account information or to make a transfer to a bank account located abroad, the Payment Service User is obliged to report this request to RECOUP as a written instruction. The content of this request depends on RECOUP's acceptance, and for the request to be processed, the written instruction must be approved by RECOUP. RECOUP will not be responsible for damages that may occur in case the bank account information is given incorrectly or incompletely. On the other hand, an invoice/receipt issued for the total fees received by RECOUP at the end of each month will be sent to the Payment Service User. The determined commission rate can be revised again by the Parties within the framework of market conditions, provided that it complies with the conditions specified in this Article. If the banks where RECOUP's payment account is located do not give approval within 7 (seven) business days for transfers to the bank account abroad upon the Payment Service User's written request, the payment coming from the End User will be made by RECOUP to the bank account in the country reported by the Payment Service User. The transaction time in transferring the payments coming from the End User to the bank account abroad of the Payment Service User will be determined according to international banking rules and transaction times to which the country where the money transfer will be realized is also subject. In transferring the payments coming from the End User to the bank account abroad reported by the Payment Service User, the exchange rate of the bank where RECOUP's payment account is located at the time the money transfer operation is realized will be taken as a basis, and the money transfer will be realized over this exchange rate. RECOUP has no responsibility for the exchange difference within this scope. The payment service requests coming to RECOUP's systems through the Marketplace include the Marketplace progress payment service fee determined by the Marketplace and accepted by the Payment Service User, and the progress payment information of the Payment Service User. In line with these requests coming for each payment service, RECOUP is obliged to transfer these payments to the IBAN number of the Marketplace owner associated with the payment service made by the Marketplace system and to the designated bank account of the Payment Service User after deducting the RECOUP service fee. A separate written instruction will not be sought regarding these requests. In this respect, the payment requests coming through the Marketplace channel by the payment service user bind RECOUP, the Marketplace, and the Payment Service User, and if RECOUP fulfills these requests, it will not have any responsibility. In terms of proving the payment requests, RECOUP's systems and records bind the parties. On the other hand, the Payment Service User will be directly and completely responsible for the chargeback requests coming related to these transactions, and will cover RECOUP's damage due to the chargeback requests. The Payment Service User who wants to change this application must report this situation to RECOUP in writing.
60. GIVING APPROVAL FOR THE REALIZATION OF THE PAYMENT TRANSACTION AND INFORMATION REGARDING THE REVOCATION OF THIS APPROVAL
    9.1. The payment transaction is deemed authorized with the sender giving approval for the realization of the payment transaction. The approval regarding the payment transaction is given before the transaction takes place or, if agreed upon between the parties, after the realization of the transaction, in accordance with the agreed method. A payment transaction not approved in accordance with the agreed method is deemed unauthorized.
    9.2. The sender may revoke their approval before the periods specified in Article 49 of the Regulation. At the end of these periods, they cannot revoke the Payment Order. In case the approval given regarding multiple payment transactions is revoked, future payments are deemed unauthorized. In case the Payment Order is revoked, the Payment Institution will receive the fees specified in article 8.
    9.3. The Payment Institution will not be responsible for the delay in the transfer of amounts to the Receiver's account due to situations occurring because of the transactions not being completed or delayed due to incorrect or incomplete entry of information by the Representative after the payment order is given. The Payment Institution will not be responsible for delays occurring as a result of situations that cannot be foreseen or prevented by itself, failure to realize the transaction, or error occurring in the transaction outside its own fault, or the damages occurring as a result of these.
61. TIME OF RECEIPT OF PAYMENT ORDER
    10.1. The moment the Payment order of the End User reaches RECOUP is deemed as the moment the payment order is received. In case the Payment order of the End User reaches RECOUP outside of a business day, the payment order is deemed to be received on the first following business day. RECOUP may determine an hour regarding the latest time a payment order will be received within a business day.
    10.2. The payment order received after the determined hour is deemed to be received on the next business day. In case it is agreed that the payment will be realized on a certain day, at the end of a certain period, or on the day the sender leaves the funds related to the payment to RECOUP's disposal, the agreed day for the payment is deemed as the time of receipt of the payment order. In case the agreed day is not a business day for RECOUP for the sender, the payment order is deemed to be received on the first following business day.
62. MAXIMUM COMPLETION TIME OF PAYMENT TRANSACTION
    Excluding force majeure and technical malfunctions, the maximum completion time of a payment transaction is ninety (90) seconds.
63. SPENDING LIMIT
    Unless a direct decision is made regarding the limit by RECOUP, it is not allowed to determine a minimum or maximum amount for certain payment methods.
64. BREAKDOWN OF FEES
    The breakdown of the fees RECOUP receives under this agreement is as specified in article 8. RECOUP has the right to unilaterally change it in case changes in bank commission rates and economic developments make it necessary. RECOUP will immediately notify the Payment Service User of these changes via RECOUP email on the date of the change and will implement them. RECOUP will immediately notify and implement all kinds of changes in the Agreement on the date the change enters into force. If the Payment Service User does not make any objection, they are deemed to have accepted the change.
65. EXCHANGE RATE TO BE APPLIED REGARDING THE PAYMENT SERVICE
    EXCHANGE RATE TO BE APPLIED REGARDING THE PAYMENT SERVICE The Parties will use Turkish Lira, and the use of exchange rates other than Turkish Lira may also be agreed upon. In this case, the exchange rate to be applied or the reference exchange rate or the method of calculating the exchange rate will also be agreed upon in writing. Euro and USD transactions are made over the relevant period-end T.R. Central Bank Buying Rate. As agreed by the Parties, changes in the reference exchange rate to be applied will be immediately valid.
66. COMMUNICATION TOOLS AGREED TO BE USED IN THE TRANSMISSION OF INFORMATION AND NOTIFICATIONS
    The Payment Service User benefits from the virtual payment solutions service provided by RECOUP; payments to be made by End Users will be realized over the secure online payment solution (Virtual POS) to be offered by RECOUP which will take place on the Website. Notifications are made to the electronic mail addresses declared by the Payment Service User within the scope of this Agreement when there is a change regarding the standard procedures applied by RECOUP to the Payment Service User, when informing the Payment Service User regarding the operation is desired, when current topics are desired to be conveyed.
67. MEASURES TO BE TAKEN BY THE PAYMENT SERVICE USER TO KEEP THE PAYMENT INSTRUMENT SECURE
    The Payment Service User cannot make any changes to the RECOUP software integrated into the Marketplace's website without the knowledge and approval of RECOUP. In case of any intervention in the information systems or suspicion of it, they will notify this situation immediately to RECOUP. The Payment Service User cannot make any changes to the RECOUP software integrated into their computers without the knowledge and approval of RECOUP. In case of any intervention in the information systems or suspicion of it, they will notify this situation immediately to RECOUP.
68. CONDITIONS OF RECOUP'S RIGHT TO CLOSE THE PAYMENT INSTRUMENT TO USE
    The rights of the Parties regarding this are as determined in Article 44 of the Regulation. The relevant provision of the Regulation is as follows: RECOUP will be able to close the Virtual Pos to use by informing the Payment Service User in the situations specified in the content of the Agreement, in cases of Security Incidents, and on its own initiative in case of any suspicion. The Payment Service User cannot claim any right or compensation from RECOUP due to the closure of the Virtual Pos.
69. REGULATION OF RESPONSIBILITY REGARDING UNAUTHORIZED PAYMENT TRANSACTIONS
    The Payment Service User may request the correction of the transaction by notifying RECOUP without delay from the moment they learn about an unauthorized or incorrectly realized payment transaction. The correction request is made within thirteen months from the realization of the payment transaction in any case. However, in case the Payment Service User uses the payment system fraudulently and fails to fulfill the obligations in the agreement, they are responsible for the entire damage arising from the unauthorized payment transaction. As far as appropriate to the responsibilities of the parties, they will be subject to the provisions stated in Articles 44 and 45 of the Regulation. The relevant provisions of the Regulation are as follows: Rights and obligations of the parties in unauthorized or incorrectly realized transactions
70. RECOUP'S OTHER OBLIGATIONS REGARDING THE REALIZATION OF PAYMENT TRANSACTIONS
    The Virtual Pos transactions made within the scope of this agreement will be subject to the relevant paragraphs of Article 52 of the Regulation according to the type of transaction.
71. ISSUES REGARDING REFUND IN PAYMENT TRANSACTIONS INITIATED BY OR THROUGH THE RECEIVER
    Article 46 of the Regulation will be applied in case a payment transaction initiated by or through the Receiver is made. The provision of the article is as follows:
72. ISSUES REGARDING NON-REALIZATION OR INCORRECT REALIZATION OF THE TRANSACTION
    In payment transactions where the payment order is given by the Sender, Article 55 of the Regulation will apply if the transaction is not realized or incorrectly realized. The provision of the article is as follows:
    22. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
    'RecoUp.com.tr', 'RECOUP', and all other URLs, logos, and trademarks related to RECOUP services are trademarks and registered trademarks of RECOUP and its licensed companies. The Payment Service User cannot copy, imitate, or use them without RECOUP's prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of RECOUP. All rights, titles, and interests in the RECOUP website and related to the RECOUP website, any content herein, RECOUP Services, technology related to RECOUP Services, and any technology or all technologies and content created or derived from the aforementioned are the exclusive property of RECOUP and its licensed companies.
73. RESPONSIBILITY AND PENALTY CLAUSE
    a. If the Parties fail to properly fulfill their obligations contained in this Agreement, they are obliged to compensate the damages the other party will suffer in this context. The Parties are not responsible for the indirect damages the other party will suffer.
    b. In case the Agreement is terminated by RECOUP due to the Payment Service User's violation of the Agreement, the Payment Service User will pay the entire damage to RECOUP if any damage occurs due to the violation of the Agreement. The Payment Service User also accepts, declares, and commits to pay a sum equal to the amount of the damage in one lump sum as a penalty clause to RECOUP in addition to the damage to occur. RECOUP's rights regarding the excess are reserved.
74. CONFIDENTIAL INFORMATION
    Each of the Parties accepts, declares, and commits that they will keep confidential the information and documents they may learn belonging to the other Party or shared by the other Party in terms of this Agreement, the provisions contained within the framework of this Agreement, or the relations between the Parties. These are information designated as confidential in written or oral form or reasonably considered to remain confidential (Confidential Information) due to the characteristic of the interest or various consequences that may arise in case of disclosure. The Payment Service User accepts, declares, and commits that they are responsible for any damages RECOUP has suffered/will suffer in case this agreement information is used out of purpose and contrary to the laws. The Payment Service User must take the necessary measures regarding ensuring the confidentiality and security of sensitive payment data, especially Credit Card information, and not keep, process, or record sensitive payment data within themselves, except for the communication between the terminals necessary for the realization of the services and the institution. In case a significant security incident is experienced, they promptly report this situation to the Payment Institution. The terminals enabling the realization of payment transactions and the service must essentially have two-way authentication and end-to-end secure communication between the Payment Service User and the Payment Institution. Unauthorized physical or electronic access to sensitive payment data processed at terminals and service points must be prevented. Payment Service Users must ensure this. The Payment Service User is obliged to take the necessary measures against threats such as theft, forgery, and fraud related to service points. In this context, the Payment Service User establishes controls preventing the placement of foreign apparatus or other devices (card copying devices, fake keyboards, cameras, etc.) on service points and detecting them. The Payment Service User places security cameras in places where service points are located. Security camera recordings are kept for at least two months with sufficient image quality to identify the identities of individuals, and it is regularly checked whether the camera equipment works properly. In case there is a security camera infrastructure covering the service point in terms of viewing area and meeting the conditions in this paragraph, a separate security camera is not installed. The condition of installing security cameras for service points located in the activity area of public security and intelligence institutions is fulfilled provided that permission can be obtained from the relevant public security and intelligence institutions. Payment Service Users are responsible for installing the necessary updates and patches on the software and hardware they use on service points and terminals to eliminate security vulnerabilities. The Payment Service User, considering issues such as transaction type, number, and limit for the transactions realized at service points, establishes a control and tracking mechanism against the possibility of realizing suspicious transactions and ensures that necessary notifications are made. Payment Service Users create policies and procedures to ensure the confidentiality and security of user information acquired, processed, transmitted, or stored through information systems during the execution of their activities, and take the measures required by these. Payment Service Users cannot give sensitive payment data to parties other than external service providers and authorities expressly authorized by laws. User information other than sensitive payment data can be given to parties other than authorities expressly authorized by law, provided that the sharing limits are expressly stated and users' prior permissions are obtained. These permissions are obtained by contract or secure methods with User permission. Approval to be obtained through an agreement in an electronic environment can only be realized when logging in for the first time and provided that the user is expressly informed.
    25. DURATION AND TERMINATION
    a. This Agreement will enter into force together with the signature date and will remain in force unless terminated as specified herein.
    b. RECOUP may terminate this Agreement at any time without paying any compensation and without showing any reason by written notice to be made 2 (two) months in advance, and the Payment Service User 1 (one) month in advance.
    c. In case one of the Parties violates its contractual obligations and the relevant violation is not corrected within 1 (one) week despite the request submitted by the other Party regarding the correction of the violation, this Agreement may be immediately terminated without paying compensation by a written notice to be submitted by the Party sending the warning. RECOUP's claim rights regarding the excess other than the penalty clause price arranged in article 23/b of this Agreement are reserved.
    d. In case it is determined that the Payment Service User uses the Service for illegal or immoral purposes or procures illegal or immoral goods or services, this Agreement may be immediately terminated by RECOUP without paying any compensation. In addition, the Payment Service User will be responsible for all damages that occur/may occur.
    e. In case RECOUP's operation license within the scope of the Law terminates for any reason, this Agreement will be terminated based on the notification made by RECOUP without arising any compensation obligation to RECOUP.
    f. RECOUP may suspend and close the services it offers to the Payment Service User within the scope of the Agreement in cases where there is a suspicion of fraudulent or unauthorized use. In this case, RECOUP will inform the Payment Service User (except when there are regulations in the Legislation preventing giving information or the presence of objective reasons threatening security) and will offer the services back to the use of the Payment Service User when the suspension reason disappears. RECOUP may also suspend its Services until the violation is resolved in case of the Payment Service User's violation of this Agreement.
75. OTHER PROVISIONS
    a. Force Majeure: Situations occurring out of the control of the Parties, such as natural disasters, war, mobilization, fire, strike and lockout, etc., decisions taken by the government or official authorities, partially or completely, temporarily or permanently stopping the working opportunities of both or one of the Parties, are considered force majeure for the Parties to the extent they affect the fulfillment of the acts subject to this Agreement. Against such situations, the Parties will not be responsible for the conditions of this Agreement. The Parties will immediately notify the other Party in writing of the occurrence of the force majeure and document it with official documents. In case the Force Majeure situation lasts for more than 1 (one) month, the Parties may suspend this Agreement until the Force Majeure situation disappears or they may terminate the Agreement provided that they mutually agree. In case the Agreement is terminated per this article, the Parties accept and commit that they are obliged to fulfill their obligations towards each other until the moment the Force Majeure arises, and that they will not claim any compensation further.
    b. Notification: The Parties accept and declare their addresses specified above as notification addresses. Address changes to be made will be notified to the other party within 3 business days at the latest. The Payment Service User accepts and commits to immediately notify RECOUP of information changes such as closing, selling, renting out or changing hands, or transferring of the workplace. The Payment Service User is responsible for the damage that will occur due to not making this notification on time or at all.
    c. Integrity of the Agreement: This Agreement is a whole with its annexes, and if any article or part is deemed invalid by the legislator or any official authority or court within the framework of laws, it does not affect the validity of other articles.
    d. Applicable Rules of Law: Turkish law will be applied in resolving disputes arising from this Agreement, and Izmir Courts and Execution Offices will be authorized.
    e. Taxes and Deductions Arising from Law: All kinds of taxes (stamp duty, painting, fee, notary fee, stamp and similar financial obligations) to be accrued due to the signing of the agreement and arising from additional agreements to be made to the Agreement in the future will be paid solely by the Payment Service User and the payment document will be submitted to RECOUP. In the notification to be made, the scope and effective date of the change, that the payment service user has the right to terminate the Draft agreement without paying any fee until this date, and that if no objection is made within the period specified above, the change will be deemed accepted are included.
76. LEGAL PROCEEDINGS EXPENSES
    The Payment Service User accepts and commits in advance that if they do not pay their debts arising/will arise from this agreement, do not fulfill their obligations, in case RECOUP resorts to legal proceedings or files a lawsuit against them, they will pay RECOUP all execution, lawsuit expenses, and attorney fees.
    Accepts that SELLER LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ (LINK PAYMENT) is defined as Commercial Representative according to subparagraph b of the second paragraph of article 12 of the Law No. 6493 by the Central Bank of Turkey Payment Systems and Financial Technologies Directorate.

Seller: Individual persons or corporate firms who have opened a workplace in (RecoUp) software
Buyer: End user who uses LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ software to purchase the products listed by the Seller.

2. SUBJECT OF THE AGREEMENT
   2.1. This Agreement has been arranged in accordance with the provisions of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188 and entered into force on 27.02.2015, prepared per Articles 48 and 84 of the Law on the Protection of the Consumer numbered 6502 and dated 07.11.2013.
   2.2. The Seller and the Buyer, the parties to this Agreement, accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts together with this Agreement.
3. GENERAL PROVISIONS
   3.1. The parties to this Agreement are the Buyer and the Seller. All obligations and responsibilities regarding the fulfillment of this Agreement belong to the parties to the Agreement. This agreement enters into force on the date it is electronically approved by the Buyer.
   3.2. The Buyer accepts and declares that they have read and understood all the information regarding the specifications of the product subject to the Agreement specified in Article 1 and the conditions regarding the sale, and that they have given the necessary approval in the electronic environment for purchasing this product.
   3.3. The Seller is responsible for delivering the product subject to the Agreement intact, complete, in accordance with the specifications as listed, and with warranty certificates and user manuals, if any. In this context, the Buyer accepts that LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ has no responsibility regarding the product and the sending of the product, and that this situation will not change in case the product is sent by the Seller through contracted cargo companies.
   3.4. If the product subject to the Agreement is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the person/organization to be delivered to not accepting the delivery.
   3.5. Delivery will be realized via cargo company to the delivery address specified in Article 1 by the Buyer and given by the Buyer to the website/application. Even if the Buyer is not present at their address at the time of delivery by cargo, the Seller will be deemed to have completely and fully fulfilled their obligation.
   3.6. If for any reason the product price is not paid or is canceled in bank records by the Buyer or third parties, the Seller is deemed released from the obligation to deliver the product.
   3.7. The expenses, costs, and other damages arising from the late receipt of the product by the Buyer in the situation specified in article 3.6 or the product waiting at the cargo company and/or the return of the cargo to the Seller also belong to the Buyer.
   3.8. Except for the cases where the cargo fee is shown as free on the product promotion page located on the website / application and accordingly is "0.00 TL" in this Agreement as well; the cargo price is added to the order total amount and paid by the Buyer. The cargo cost is not included in the product price.
   3.9. If the Seller cannot deliver the product subject to the Agreement within the period due to force majeure or extraordinary situations such as weather opposition preventing transportation, interruption of transportation, they are obliged to notify the Buyer of the situation. In this case, the Buyer can use one of their rights to cancel the order, replace the product subject to the Agreement with its precedent, if any, and/or postpone the delivery period until the preventing situation disappears. In case the Buyer cancels the order, the amount paid is paid back to them in cash and at once within 10 (ten) days.
   3.10. In cases where the products subject to the Agreement are not in stock, the Seller has the right not to deliver the products subject to the Agreement, provided that the Seller informs the Buyer of the situation and the total price paid by the Buyer and any document putting them under debt are returned to the Buyer within 10 (ten) days at the latest.
   3.11. If the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the credit card belonging to the Buyer by unauthorized persons in a way not caused by the Buyer's fault after the delivery of the product, the Buyer is obliged to send the product back to the Seller within 3 (three) days if it has been delivered to them. In this case, transportation expenses belong to the Buyer.
   3.12. Persons under the age of 18 cannot purchase the Seller's products offered for sale, even in the case of offering products aimed at children for sale.
   3.13. The Buyer accepts that they know they must separately confirm the relevant interest rates and the information regarding default interest from their bank since forward sales are only made with credit cards belonging to banks.
   3.14. The Buyer accepts, declares, and commits that per the provisions of legislation in force, provisions regarding expenses, fees, interests, and default interests will be applied within the scope of the credit card agreement between the bank and the Buyer, and that LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ and the Seller have no obligation in this regard.
   3.15. In situations where the Buyer exercises their right of withdrawal or in situations where the product subject to the order cannot be supplied for various reasons or in situations where it is decided to refund the price to the consumer with the decisions of the Consumer Arbitration Committee, if the shopping was made with a credit card and in installments; the refund procedure to the credit card will be as follows:
   3.15.1. The prices of the products are listed on the site in Turkish Lira with value-added tax added. The Buyer can shop with a credit card. Orders placed with a credit card will not be processed at the moment they are placed, and the said order will be processed following the notification by LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ to the Seller that the amount required to be paid by the Buyer from the credit card per this Agreement has been blocked. The cargo fee, which is the product shipping expense, is not included in the product price. The cargo cost is determined by Sellers according to the product/products amount.
   3.15.2. In case of refunding the products purchased with a credit card, the Seller cannot make a payment to the Buyer in cash. The Seller is obliged to pay the relevant amount to the bank in cash or on account when there is a return, so per the procedure, they will not make a payment in cash to the Buyer. For refunds to the credit card, after the Seller pays the price to the bank at once, the refund will be realized by the bank to the card.
   3.16. Per the General Communiqué on Tax Procedure Law No. 385, for the return processes to be made, the relevant return sections on the invoice must be filled completely and signed, and then sent back to the Seller along with the product. The Buyer declares, accepts, and commits that they accept all this procedure.
   3.17. The Buyer and the Seller accept, declare, and commit that the information belonging to them specified in this Agreement is the information they enter into the website / application, even if they enter this information incorrectly or incompletely for any reason, this Agreement will be valid with the information provided by them, the website/application has no obligation to check the accuracy and validity of the information given by the Buyer and the Seller, and also, the personal data and other information the Buyer and the Seller transfer to each other and/or LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ for the performance of this Agreement will be transferred to postal service providers limited to the scope of performance of the Agreement and for the product subject to the Agreement to be sent.
4. RIGHT OF WITHDRAWAL
   4.1. The Buyer; has the right to withdraw from the Agreement by rejecting the goods without undertaking any legal and criminal responsibility and without giving any reason within fourteen days from the date they receive the goods. The product price is returned to the Buyer within 10 (ten) days from the date the consumer's withdrawal notification reaches the Seller. Expenses arising from the use of the right of withdrawal belong to the Seller.
   4.2. The Seller commits that the consumer has the right to withdraw from the Agreement by rejecting the goods or services within fourteen days from the date they receive the goods or the Agreement is signed without undertaking any legal and criminal responsibility and without giving any reason, and that they undertake to take back the product and refund the product price to the Buyer or LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ from the date the withdrawal notification reaches the Seller.
   4.3. The Parties have accepted that the right of withdrawal cannot be used in the following cases per Art. 15/1 of the Regulation on Distance Contracts:
   4.3.1. Goods or services whose price changes depending on fluctuations in financial markets and that are not under the control of the seller,
   4.3.2. Goods prepared in line with the consumer's wishes, demands, or personal needs,
   4.3.3. Goods that can spoil quickly or whose expiration date can pass,
   4.3.4. From among the goods whose protective elements such as packaging, tape, seal, package are opened after delivery, those whose return is not suitable in terms of health and hygiene,
   4.3.5. Goods that mix with other products after delivery and cannot be separated by their nature,
   4.3.6. Books, digital content, and computer consumables presented in the material environment in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods,
   4.3.7. Periodicals such as newspapers and magazines, other than those provided under the subscription agreement,
   4.3.8. Services regarding accommodation, moving goods, car rental, food and beverage supply, and evaluating leisure time for entertainment or rest to be made on a certain date or period,
   4.3.9. Services instantly performed in electronic environment or intangible goods delivered instantly to the consumer,
   4.3.10. Services whose performance is started with the consumer's approval before the right of withdrawal expires.
   4.4. All single originally produced products or artworks are among the goods for which the right of withdrawal specified in article 4.1 cannot be used for the reasons mentioned in article 4.3. Such goods are exceptions to the right of withdrawal expressed in article 4.1. It is possible to use the right of withdrawal specified in article 4.1 not for originally produced artworks but for works reproduced as limited editions.
   4.5. The Buyer cannot use the right of withdrawal in services instantly performed in electronic environment in the form of online gift coupons, codes, certificates, etc., and intangible goods instantly delivered to them.
5. DEFAULT PROVISIONS
   If the parties fail to fulfill their obligations arising from this Agreement, the provisions regarding the debtor's default in Article 117 and following articles of the Turkish Code of Obligations will be applied. In cases of default, if any party fails to fulfill their obligations within the period without a justified reason, the other party will give a seven-day period to the failing party to fulfill the obligation. In case of non-fulfillment during this period as well, the right to demand the delivery of the goods and/or the termination of the agreement and the refund of the price by demanding the performance of the obligation from the failing party will arise.
6. FORCE MAJEURE
   6.1. Situations that did not exist and were unforeseen at the date the agreement was signed, developing outside the control of the parties, making it partially or completely impossible for one or both of the parties to fulfill their debts and responsibilities undertaken with the agreement or fulfilling them on time with their emergence, will be accepted as force majeure (natural disaster, war, terrorism, uprising, legislative provisions, confiscation or strike, lockout, significant malfunction in production and communication facilities, etc.).
   6.2. In cases of force majeure, article 3.9 of this Agreement is valid.
7. AUTHORIZED COURT
   7.1. In the application of this Agreement and in disputes that may arise; Consumer Arbitration Committees at the settlement place of the Buyer or Seller up to the value announced by the Ministry of Customs and Trade every year are authorized, and for disputes over the said value, Consumer Courts are authorized.
   7.2. This Agreement has been read, accepted, and confirmed electronically by the parties. For issues not regulated in this Agreement, the provisions of the Law on the Protection of the Consumer No. 6502 and other relevant legislation are applied. This Agreement has been arranged on the date of (Electronic approval of the Buyer).