SERVICE AGREEMENT


SERVICE AGREEMENT

  • PARTIES

Turkeyana Clinic Sağlık Turizmi Ltd. Şti
Beşyol Mah. 1. Akasya Sok. No:29 Kat:4 Küçükçekmece/İstanbul
(Hereinafter referred to as "Turkeyana".)

(…… name and surname of the person receiving service….)
(............ address of the person...................)
(Hereinafter briefly referred to as "Service Receiver".)

This Service Agreement has been negotiated between Turkeyana and the Service Receiver.

  • SERVICES OF TURKEYANA:

         Services provided by Turkeyana are as follows:
  • Pre-treatment services
    • About Illness & Treatment. detailed and understandable advice
    • Translation of the medical document
    • Preparation of patient information form
    • Specialist Physician / Branch Hospital / Clinic research & helping the patient to choose
    • Information sharing about treatment options in Turkish Republic
    • Organization & coordination of treatment
    • Review of (non-binding) treatment cost & payment options
    • Visa & Transportation and planning and organization of accommodation
  • Services during treatment
    • Transfer service between the Airport-Hospital / Accommodation facility
    • Translation service
    • Final consultation with the Hospital / Physician before medical intervention
    • Control of billing
  • Post-treatment services:
    • Out-of-hospital care service
    • Transportation service related to hospital control

  • Other Services
    • Free time organization (cultural trip, wellness, shopping tour)
    • Mobile phone line



  • BY SERVICE RECEIVER FROM THE ABOVE SERVICES;

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
The services specified in this article have been received. Pricing has been made according to the services selected in this section, and the Service Receiver will not have the right to request another service without paying the price and concluding a new contract.


  • SERVICE FEE:
For the services received in the contract, …………….. TL + VAT, so a total of ........................ TL shall be paid to Turkeyana by the Service recipient. The amount written here is only the service fee, the amounts requested by the companies providing the service for the services utilized by the Service User will be added to the written price here or will be paid directly by the Service User. The Service User may pay the service fees to Turkeyana's (…………………….) Bank account or be charged from the credit card.

ADVANCE PAYMENT:
The Service User shall pay the entire Service fee by the date of ..../..../.... at the latest with the signing of the Contract. Otherwise, there will be no right to benefit from the service. If THE SERVICE RECEIVER has benefited from the service, Turkeyana may operate a 3 percent monthly maturity difference from the payment due date for the service fee.

  • EFFECTIVENESS AND DURATION OF THE AGREEMENT
This Agreement shall enter into force on the date of signature or when the service is actually used/received or the service is accepted.
The terms of this Agreement are automatically excluded from the scope of the relevant articles that expire after the completion of all commitments made by the parties to each other as per the contract.

  • USING A SUB-CONTRACTOR
Turkeyana may perform all or part of the services it undertakes with this contract with subcontractors and / or third parties which are to be appointed by it.
  • FINANCIAL LIABILITY
Turkeyana does not assume any financial liability other than the obligations under this Agreement.
Turkeyana does not give any guarantee of results regarding the services in this contract. Any malfunction, delay, etc. complaints that may occur in the services cannot be shown as a reason for the payment of the service fee or the request for a refund.
Turkeyana does not have any responsibility and / or commitment for the services received from third parties by the Service User with the contract.
Turkeyana is only responsible for all kinds of services under the Contract with gross negligence and gross fault. However, the liability and indemnification obligation in the contract shall never exceed fifteen percent of the contract value (including material and non-pecuniary compensation, expense, interest and accessories).

  • TERMINATION WITH A VALID REASON:
Turkeyana always has the right to terminate this contract if the Service Receiver fails to fulfill its obligations in the contract in a timely and complete manner. In this case, Turkeyana will be entitled to all amounts written in the Agreement.
  • FORCE MAJEURE
Force majeure are the situations such as natural disasters like flood, earthquake, fire not caused by their own negligence or faults, accidents occurring during domestic and international transportation, except for the parties' own control; mobilization, war, epidemic, strike, lockout, popular movement, civil war, revolution, radioactivity pollution and situations based on the power of nature. In case of force majeure, the party exposed to the situation shall inform the other party in 10 (ten) days in writing. Due to force majeure, the parties will not be able to make any additional claims from each other such as compensation or similar other than time extension.
  • AUTHORIZED COURT
Istanbul Courts and Enforcement Offices will be authorized in case of dispute that may arise from the application of this contract.

  • MORTAR, PAINTING, STAMP TAX

Any fees, duties, taxes, stamp duty, VAT and other legal financial obligations related to this Agreement are covered and paid by the Service Receiver.

This contract was signed by the parties on …… ../ ……. / …………...

 TURKEYANA SERVICE RECEIVER
Signature Stamp Name and surname:
Signature:
Date:






Annex: 1: Personal Data Protection Law Clarification and Approval Text

RELATED PRODUCTS

WEBSITE USER AGREEMENT

1.1.   This user agreement and other rules on the Website regulate the terms and conditions regarding the services offered by Turkeyanaand the rules regarding the use of the Website. The User is deemed to have undertaken to comply with this Agreement from the moment he/she approves this Agreement or starts to benefit from the Website while creating a Service Request on the Website. If the conditions are not suitable for you, please do not use the Website and the services provided..
1.2. Turkeyanahas the right to unilaterally change or amend the Agreement to ensure the continuity of intermediary services, to comply with future technical necessities or legislation, provided that it is not against the Users ofTurkeyana , in case of any changes, will publish the updated terms of use on the Website with the new date update under the same link, if it deems necessary, update will be notified to its users by e-mail or mobile push notification and submit it for approval. The renewed current Contract will be valid from the moment it is published on the Web Site and the use of the Web Site or its services will be subject to the terms of the renewed Contract from that moment on.

Definitions
In the text of this Agreement;
2.1. " Turkeyana " refers to TURKEYANA CLINIC SAĞLIK TURİZMİ LIMITED COMPANY,
2.2. " Website " refers to the https://shop.turkeyanaclinic.com website and IOS / Android based Mobile Applications,
2.3. " User " refers to people who use the Website for any reason,
2.4.  " Member " refers to the User who sets a username and password for him, subject to the acceptance of this User Agreement by registering e-mail,
2.5. " Service Receiver " refers to the natural or legal person User who sends a Service Request to purchase any service offered by the Service Provider through the Website,
2.6. " Service Provider " (Service Provider within the scope of the Regulation) refers to the person, organization or legal person who ratifies this User agreement through the Website to provide services (If the Service Provider is a legal person, the aforementioned definition refers to the persons who perform the services on behalf of the Service Provider and also covers the people work under the Service Provider), 
2.7. " Fixed Price " refers to the standard unit price that was announced in advance for the service through the Website and will be paid to the Service Provider by the Service User in the Reservation System upon the orientation of the Service Provider,
2.8. " Agreed Work " refers to the acceptance of the Proposal sent by the Service Providers through the System by the Service User or the approval of the Service Request via the Reservation System for some services according to the nature,
2.9. " Online Payment System " refers to the system that allows the Service User to collect the fee for the service to be received through the Website by credit card, debit card, or other payment methods provided by banks under the terms and conditions specified in this Agreement,
2.10. " Agreement " refers to this User Agreement,
2.11. " Regulation " refers to the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce published in the Official Gazette No. 29457 dated 26 August 2015,

Services Offered by Turkeyana Clinic Health Tourism Ltd. Sti.
3.Turkeyana Clinic Health Tourism Ltd. Sti. provides the service of hair transplantation, simple aesthetic operations and accommodation services on the Website within the scope of this contract.

TERMS OF USE
Article 4. Membership System
4.1. Membership to the Website is free. Members can submit multiple Service Requests simultaneously through a single Member account. Determining and protecting the password is the user's own responsibility. Username and password should not be shared and should be carefully protected. He/she is directly responsible for the misuse of the member account by other persons due to his/her own fault. The SERVICE PROVIDER has the same right of recourse to the Member for any judicial / administrative fines and / or compensation that it will have to pay for this reason.
4.2. When creating a member account, all kinds of information such as name, address, telephone, e-mail, tax office declared on the Website must be up-to-date, accurate and complete. SERVICE PROVIDER is not obliged to check the accuracy and currency of the information in question. Responsibility for damages incurred by Members or third parties due to incorrect or incomplete information in question belongs to the relevant Member. 
4.3. Usage rights, user name and password for membership cannot be transferred to others.
Article 5. Payment
5.1. Service Users can instantly pay the fee for the service through the Online Payment System, debit card, credit card or a similar payment tool and other payment systems after the agreement is approved. In payments made with the Online Payment System, if the card is used illegally by someone other than the holder, transactions are carried out according to the Law No. 5464 dated as 23.02.2006 and according to provisions of the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 10.03.2007 and numbered as 26458.
5.2. When using the Online Payment System, receipt / invoice or other documents required to be issued are issued by the relevant Service Provider if there are regulatory obligations as per the relevant legislation.. 

Article 6.Return of Service Fee / Exercise of Right of Withdrawal
6.1. The Service Receiver has the right to withdraw from the contract within 14 days following the agreement with the Service Provider without stating any justification and paying penal terms, provided that the service has not been performed and the service has not been initiated.
6.2. If the service receiver does not fulfill its responsibilities and commitments by acting against any article of this contract, or if the information that he/she stated in the cover page of this agreement is found to be inaccurate, then the SERVICE PROVIDER has the right to terminate the contract unilaterally without any warning or notice..
6.3. The customer has the right to terminate this contract at the end of the term provided that the customer notifies the contract in written 10 days before the service will be provided, without any justification.
6.4. In case the service is terminated or canceled by the customer before the termination period, it declares, accepts and undertakes to pay the service fee for the period from the date of termination to the end of the contract / service in advance..

Service Liability, No Warranty and Relationship Independence
Copyright Policy

8.1. Visual and written content presented on the Website is for personal use. https://shop.turkeyanaclinic.com is the owner of all domain name, logo, graphic, sound, icon, design, text, image, html code, other codes, demonstrative, written, electronic, graphic or machine-readable technical data, applied sales system, business method and all materials (" Materials "), including the business model, and the intellectual and industrial property rights, or is license holder and it is protected by law. Unless otherwise stated, it cannot be used for commercial or personal purposes without permission or reference.
8.2. The software used in the design of these pages and database creation belongs to shop.turkeyanaclinic.com. It is strictly forbidden to copy or use the aforementioned software, and it is prohibited for the software and technologies that are used to be subjected to reverse engineering. 
8.3. The copyright of all comments and criticisms transmitted to https://shop.turkeyanaclinic.com belongs to https://shop.turkeyanaclinic.com reserves the right to make various changes on the comments in question, to delete or remove them completely, and may not publish some of the comments. https://shop.turkeyanaclinic.com reserves the right to use all information, comments and criticisms linked to the user account in relation to its marketing activities, provided that the terms of use, privacy principles and valid legal regulations are adhered to.
8.4. The user accepts in advance that the content of the profile created on https://shop.turkeyanaclinic.com will be indexed by various search engines, that search sites can be viewed on search result screens and can be seen by third parties / institutions, and that he/she will be held responsible for if the information shared on the profile contains any illegal actions .
Contact and Information Addresses
9.1. The parties have accepted, declared and committed the postal addresses specified in the order address as their legal residence for any notification arising from the contract.
9.2. Any notices made to these addresses will be deemed to have been served even if they do not reach the parties. Unless the changes of these addresses are notified to the other party in writing, the old addresses will be valid.
9.3. SERVICE PROVIDER may send a message, information, letter, warning, payment notification, account movement chart, statement of account to the e-mail address allocated to the customer within the contract period. The customer cannot claim that the said electronic messages are not received or not delivered to him/her, and he/she also declares, accepts and undertakes that the said messages will be deemed to be legally served 1 day after the date they are sent.
Default in Payment of Wages
10.1. If the customer does not pay for the services received within 7 days following the application date, it is considered to be in default. In this case, the SERVICE PROVIDER may issue an exchange rate difference invoice or request a monthly delay interest of 15% from the invoice date. The customer declares and accepts to pay this delay interest and exchange difference invoice.

Force
Force Turkeyana

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