Agreement

These Terms & Conditions (“Terms”) constitute a binding agreement between Defne Agency (“we”, “us”, “our”) and the entity or person (“Client”, “you”) that uses our website or engages our services. By accessing our site or signing/accepting a proposal, quote, order, or statement of work (each, an “SOW”), you agree to these Terms.

Definitions

  • Services: Web/e-commerce design & development, social media, graphic design, platform setups (Shopify/Ikas), migrations, app/integration work, hosting/maintenance where applicable.
  • Deliverables: Work products we create (design files, code, content, documentation) as specified in an SOW.
  • Materials: Your logos, brand assets, copy, product data, third-party materials you supply or license to us.

Services & Deliverables

We will provide the Services and Deliverables described in an SOW or written approval (email acceptable). Timeframes are estimates unless expressly stated as fixed. Dependencies on your inputs, third-party vendors, or approvals may affect schedules.

Orders & Statements of Work (SOW)

  • SOWs include scope, timeline, fees, payment schedule, and assumptions.
  • Conflicting terms: the SOW prevails over these Terms for the specific project.
  • Retainers/maintenance plans renew per their own terms unless cancelled per notice clauses.

Client Responsibilities

  • Provide timely inputs, decisions, approvals, and access (e.g., CMS, Shopify, analytics, hosting).
  • Warrant that Materials you provide do not infringe third-party rights and comply with applicable law.
  • Maintain backups of your own content and systems unless an SOW includes backup services.

Third-Party Platforms & Licenses

You may need accounts, subscriptions, apps, or themes from third parties (e.g., Shopify, Ikas, payment gateways, analytics). You are responsible for their fees, terms, and continued availability. We are not liable for changes or outages in third-party services.

Open-source components are provided under their respective licenses; we will observe those licenses in the Deliverables.

Fees, Taxes & Payment

  • Fees are as set out in the SOW/quote. Taxes, duties, and bank/processing fees are your responsibility unless the SOW states otherwise.
  • Invoices are due within the period stated in the SOW (or net 7 days if not specified). Late amounts may accrue interest at the maximum rate permitted by law.
  • We may pause work for overdue invoices after notice.

Changes & Out-of-Scope

Requests beyond the agreed scope are handled via change requests and may affect fees and timelines. We will confirm the impact before proceeding.

Milestones, Testing & Acceptance

  • We may deliver in milestones. Each milestone includes a review/acceptance window (e.g., 5 business days unless the SOW states otherwise).
  • Absent feedback within the window, the milestone is deemed accepted.
  • Minor defects not materially affecting use do not prevent acceptance; such items will be addressed in a reasonable time.

Intellectual Property

  • Your Materials: You retain ownership. You grant us a non-exclusive license to use them to perform the Services.
  • Deliverables: Upon full payment, you receive a non-exclusive, perpetual license (or ownership if explicitly stated in the SOW) to use the Deliverables in your business.
  • Pre-existing IP & Tools: Our frameworks, libraries, know-how, and reusable components remain ours; we grant you a license to use them as embedded within the Deliverables.

Credits & Portfolio

Unless the SOW states otherwise, we may reference your project (screenshots, logo, links) in our portfolio, website, and marketing. Reasonable removal requests will be honored where feasible.

Confidentiality

Each party will protect the other’s confidential information with at least reasonable care, using it only for the project and not disclosing it to third parties except to personnel and subprocessors under confidentiality obligations.

Data Protection

Our privacy practices are described in our Privacy Policy. Where we process personal data on your behalf, a Data Processing Addendum (DPA) may apply. You are responsible for having a lawful basis for personal data you share with us.

Warranties & Disclaimers

  • We warrant that Services will be performed in a professional and workmanlike manner.
  • Except as expressly stated, Services and Deliverables are provided “as is.” We do not warrant uninterrupted or error-free operation, or future compatibility with third-party changes.

Limitation of Liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages, nor for loss of profits, revenue, data, or business. Our aggregate liability for all claims in the aggregate will not exceed the fees paid by you to us for the specific SOW giving rise to the claim during the twelve (12) months preceding the event.

Indemnification

You will indemnify and hold us harmless from third-party claims arising from Materials you provide, your misuse of Deliverables, or your breach of these Terms. We will indemnify you against third-party claims alleging that Deliverables we create (excluding your Materials and third-party components) infringe IP rights, subject to your prompt notice and our control of the defense.

Term, Suspension & Termination

  • These Terms apply from your first use/engagement and continue through project completion or account closure.
  • Either party may terminate an SOW for material breach if not cured within 10 business days after written notice.
  • We may suspend Services for overdue invoices, legal risk, or security concerns after notice.
  • On termination, you pay for work performed up to the effective date and any committed third-party costs.

Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, war, strikes, utility/telecom outages, major platform outages). Affected obligations are suspended for the duration of the event.

Governing Law & Disputes

These Terms are governed by the laws of the Republic of Türkiye, without regard to conflict-of-law principles. The courts of Denizli, Türkiye shall have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue there.

Notices

We will send formal notices to the contact information you provide in the SOW or your account. You may send notices to hello@defneagency.com. Email is sufficient for routine notices; legal notices should also be sent by courier where feasible.

Miscellaneous

  • Entire Agreement: These Terms + applicable SOWs form the entire agreement and supersede prior discussions.
  • Assignment: Neither party may assign without consent, except to a successor in interest.
  • Severability: If any provision is unenforceable, the remainder remains in effect.
  • No Waiver: Failure to enforce is not a waiver.

Changes to These Terms

We may update these Terms periodically. We will post the new version here and adjust the “Last updated” date. Material changes may be notified via email or site banner where appropriate.

Contact

Defne Agency — Merkezefendi / Denizli, TURKEY
Email: hello@defneagency.com · Phone: +90 555 111 22 33