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Employee Management
Performance
Shift
This Human Resources and Employee Management System User Agreement (“Agreement”),
a) Kolay Yazılım Anonim Şirketi (“Kolay İK”), which operates the website www.kolayik.com, and
b) the user who has registered on www.kolayik.com and accepted this Agreement (“Company”)
have entered into this Agreement.
The subject matter of this Agreement is the determination of the terms and conditions, and the rights and obligations of the parties, relating to the provision of the Human Resources and Employee Management System (“Platform”) accessible through the Site to the Company, the Company’s use of the Platform, and the information, documents and data (“Content”) uploaded to the Platform by the Company and the Company’s employees who are granted access to the Platform (“Employees”).
3.1. Kolay İK shall provide the Platform to the Company in accordance with the package selected by the Company, in return for payment of the fees determined by Kolay İK for that package. The Company acknowledges that it will not be able to use the Platform if it fails to pay the relevant fees after the expiry of the free trial period granted by Kolay İK.
3.2. The Company agrees that the information it provides when registering on the Platform is complete, accurate and up to date, and that it will update such information immediately in the event of any changes. Kolay İK shall not be responsible for any inability to access or use the Platform arising from incomplete, inaccurate or outdated information.
3.3. The Company may not share the password assigned to it by Kolay İK with any other person or organisation. The Company bears sole responsibility for the right to use the password and for maintaining its confidentiality and security. The Company acknowledges that it is solely liable for any losses suffered by itself, the Employees and/or third parties as a result of the password being used by an unauthorised person, being lost or transferred, and that Kolay İK shall bear no responsibility for such losses. The Company is directly responsible for the activities of its personnel to whom it grants access to the Platform.
3.4. Kolay İK acknowledges that all responsibility for backing up information and documents created on or uploaded to the Platform rests with Kolay İK, and that the Company bears no responsibility in the event that information or documents are deleted from the Platform at any time and for any reason.
3.5. Kolay İK only provides the infrastructure for the Platform and bears no responsibility for the information and documents created or shared on the Platform. The Company acknowledges and undertakes that documents created on the Platform and information and content uploaded to the Platform are accurate and lawful and will not infringe any rights. All responsibility for ensuring that content created and shared on the Platform and related processes comply with applicable legislation, including social security and employment law, as well as sending documents to Employees, monitoring them, printing and storing documents, and any other liability arising from use of the Platform, rests exclusively with the Company. The Company’s ability to use the Platform may be partially or fully suspended if the Platform is used in a manner that is inconsistent with this Agreement or applicable legislation.
3.6. The Company acknowledges that it acts as data controller under the Personal Data Protection Law No. 6698 in respect of Employees whose personal data is uploaded to the Platform, and that it is solely responsible for obtaining the necessary consents from Employees, providing them with the required information, and fulfilling its obligations under applicable legislation in connection with the uploading of personal data to the Platform and its processing by Kolay İK as data processor. The Company accepts that any claims or losses to which Kolay İK may be exposed in this regard will be referred back to the Company.
3.7. Certain information may be collected by Kolay İK for the purpose of improving and developing the Site and Platform and/or within the framework of applicable legislation, including the name and IP address of the internet service provider used to access the Site, the date and time of access, the pages visited during the visit, and the internet address of the website from which a direct connection was made to the Site.
3.8. Kolay İK may disclose the Company’s information when required by law, when it deems in good faith that such disclosure is necessary to comply with legal requirements or legal process served on Kolay İK, or to protect and defend the rights and property of the Platform and Kolay İK.
3.9. Measures have been taken within the available means to ensure that the Site and Platform are free from viruses and similar malicious software. However, to ensure final security, the Company is required to obtain its own virus protection system and provide the necessary safeguards.
3.10. Kolay İK reserves the right to make changes to the Platform, release new versions, editions or extended forms of the Platform, add new features or remove existing features.
3.11. In the event that Kolay İK completely discontinues the operation of the Platform, copies of the information and content uploaded to the Platform by the Company will be delivered to the Company by Kolay İK.
3.12. The Company undertakes to comply with this Agreement and its annexes, any other conditions to be determined by Kolay İK, applicable law and principles of good faith in all transactions it carries out in connection with its use of the Platform. It is the Company’s obligation to ensure that Employees also comply with this Agreement and the other rules set out in this article during their use of the Platform, and the Company is obliged to make all necessary notifications and disclosures and obtain the required consents in this regard.
3.13. All legal, administrative and criminal liability arising from use of the Platform rests with the Company. Kolay İK cannot be held directly or indirectly liable in any way for losses that may be suffered by the Company, Employees or third parties as a result of the Company’s or Employees’ activities on the Platform and/or actions in breach of this Agreement or applicable law. All claims from third parties and any losses arising from the actions of the Company and/or Employees will be referred back to the Company for payment upon first demand.
4.1. All financial, moral and commercial rights in the visuals and designs, texts, logos and graphics within the Platform, as well as the systems and Platform belonging to Kolay İK, are owned by Kolay İK. Kolay İK agrees to grant the Company a limited, non-exclusive and non-transferable right of use (simple licence) over the Platform for the duration of the Agreement. This limited right of use granted to the Company shall not be construed as restricting Kolay İK’s right to freely exercise all other rights, including its right to grant licences to others.
4.2. The Company shall use the Platform solely within the scope set out in this Agreement and may not lend this right or make it available to third parties (individuals, institutions, organisations, companies, etc.) in any form, whether paid or free of charge, except to provide it to Employees within the scope of the licence obtained. Copying, reproducing or using the information, content and/or software used by Kolay İK within the Platform beyond the use defined in this Agreement, or distributing or adapting it, is strictly prohibited. Furthermore, it is strictly prohibited for the Company to take actions that may threaten the security of the Platform or Kolay İK systems and/or cause harm to the Platform, Kolay İK or other users, to make any attempt that could prevent the Platform or other Platform software from functioning or prevent other users from benefiting from the Platform, to place a disproportionate load on the system or Platform in a way that would produce such results, to access the source code of the Platform or Kolay İK’s systems without authorisation, to copy, delete or modify such information or to attempt to do so, to use software that would prevent the Platform from functioning, to attempt to do so, or to disrupt, damage, reverse engineer, carry out attacks on or otherwise interfere with all types of software, hardware and servers, or to attempt to gain access to Kolay İK’s servers. The Company agrees not to compete with Kolay İK and the Platform through the methods mentioned above or otherwise, and not to support third parties acting for this purpose. The Company is also obliged to ensure that Employees comply with the said prohibitions and shall be jointly and severally liable for any breaches by Employees in this regard.
5.1. Kolay İK provides the Platform “As Is” and makes no claim or warranty that the Platform is error-free, flawless, uninterrupted, perfect or will fully meet the Company’s specific needs. Kolay İK shall not be liable for: (i) any direct or indirect damages arising from the Company’s use, non-use or misuse of the Platform, or from the Company’s failure to fulfil its commitments and obligations under the Agreement, including any and all material, moral and financial losses such as loss of profit, data, business, reputation, anticipated savings or business interruption, or any claims for compensation by third parties; (ii) all hardware, system software/other software and network-related functions and any malfunctions arising therefrom; (iii) communication network, internet connection or connection errors; (iv) any modifications, updates or similar work carried out on the Platform by the Company, Employees or third parties; (v) any damages arising from voltage fluctuations, battery and power failures, virus infections or similar environmental factors.
5.2. To the extent permitted by applicable law, Kolay İK shall not be liable for any indirect, special, incidental or punitive damages, including but not limited to loss of profit or loss of goodwill and reputation, arising from use of the Platform. The Company is solely responsible for ensuring that documents created within the scope of the Platform, their contents, and the processes following their creation comply with applicable legislation, for the Company and Employees fulfilling their obligations under applicable legislation, and for all claims and demands by Employees and third parties relating to documents created and use of the Platform; the Company may not direct any claims or demands to Kolay İK in this regard. Kolay İK makes no express or implied warranty under this Agreement regarding merchantability, fitness for a particular purpose or use, or non-infringement. Kolay İK’s liability under this Agreement for any loss that may arise shall in all cases be limited to twice the monthly fee determined for the package purchased.
5.3. The Company and Employees are solely responsible for documents created on the Platform and their contents, and for use of such documents and the Platform. The Company acknowledges that it holds Kolay İK harmless from all claims and demands (including court costs and legal fees) that may be made by Employees, third parties and institutions in relation to documents, content, services, intellectual property infringements and use of the Platform.
5.4. The Company acknowledges and states that access to and quality of content provided through the Platform is largely dependent on the quality of service obtained from the relevant internet service provider, that Kolay İK bears no responsibility for issues arising from that service quality, that Kolay İK makes no warranty that the Platform is compatible with any particular device or web browser, that the operation of the Platform is not free from errors, and that technical issues or access difficulties may be encountered from time to time.
6.1. This Agreement shall remain in force until the Company’s membership is cancelled by the Company or by Kolay İK. Either party may unilaterally terminate the Agreement, in particular in the event that either party breaches any provision of the Agreement or applicable legislation, or without giving any reason. In the event of termination or expiry of this Agreement for any reason, no refund of amounts prepaid by the Company shall be made.
6.2. The Company may request delivery of information, documents and related records uploaded to or created on the Platform within a maximum of 1 (one) month following termination of this Agreement by either party. If the Company does not submit such a request within the specified period, Kolay İK may delete the information, documents and related records in question, subject to any legal retention obligations, and shall bear no responsibility for such deletion.
7.1. In all situations qualifying as force majeure, neither party may be held responsible for late, incomplete or non-performance of any of its obligations under this Agreement. Force majeure shall be interpreted as events occurring beyond the reasonable control of the relevant party, including but not limited to natural disasters, riots, war, strikes, lockouts, failures in telecommunications infrastructure, power cuts and severe weather conditions. The obligations of the parties shall be suspended for the duration of the force majeure event.
7.2. Kolay İK may amend, update or cancel the terms of this Agreement by notifying the Company by email. Each amended, updated or cancelled provision shall take effect for the Company upon notification by email. If the Company does not accept the relevant amendment, update or cancellation, the Company’s right to unilaterally terminate this Agreement without compensation is reserved.
7.3. The parties acknowledge and declare that all computer records belonging to the parties shall be taken as the sole and exclusive evidence in accordance with the applicable procedural rules, and that such records constitute an evidence agreement between the parties.
7.4. For disputes arising from this Agreement, the Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction.
By completing the form provided on the Site to begin using the Platform and accepting this Agreement, the Company confirms that it has read and accepted this Agreement. This Agreement was concluded and entered into force mutually upon the Company’s acceptance of the Agreement on the Platform.
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