Distance Service Contract and Pre-Contract Information

1. Parties, provider details and customer status

The service provider is Effective Creative Works, trading under Effective Dijital, at Konacık Mah. Kanuni S.S. Cad. No:11 A4, Arbor Derin İş Merkezi, Bodrum/MUĞLA, e-mail merhaba@effectivecreativeworks.com, telephone +90 (540) 560 49 45 and website https://effectivedijital.com. The customer is the natural or legal person identified in the order or contracting flow.

Under Turkish Law No. 6502, a consumer is a natural or legal person acting for a non-commercial and non-professional purpose. Legal-person status alone therefore does not exclude consumer status; an association, foundation or another legal person may enter into a consumer transaction if the transaction’s actual purpose is not commercial or professional. Where a merchant, company, sole trader or another person buys the service for its trade or profession, the relationship is generally business-to-business and consumer-specific withdrawal, arbitration committee and subscription protections may not apply. Status is determined primarily from the concrete purpose, not simply the title, invoice or type of party.

This page contains general pre-contract information and framework terms. The order summary, selected package, proposal, brief, service level, price and expressly accepted special conditions form part of the contract. Subject to mandatory law, a more specific and later-accepted order term governs the relevant issue in case of conflict.

2. Pre-contract information and electronic approval

Immediately before placing an order with a payment obligation, the customer must be able to see the provider’s identity, essential service characteristics, total price and taxes, additional costs, subscription duration, renewal frequency, payment and performance method, complaint channel, withdrawal right and any exception. An undisclosed additional fee is not charged through a preselected option.

The order button clearly states that the transaction creates a payment obligation. The customer may download the pre-contract information and contract to a durable medium or retain the copy supplied by e-mail or portal. Electronic evidence may be stored with approval time, selected plan, price, acceptance IP, acceptance browser or user-agent and the version of the consent and legal terms for security and proof.

The customer confirms that identity, invoice, contact and payment information is accurate and, where acting for an organisation, that it is authorised to bind that organisation to the subscription and recurring payment.

3. Scope and nature of the service

Subject to the selected order scope, the service may include social media strategy, content calendars, copy and design, photo or video production, publishing schedules, community or advertising operations, reporting, consulting and customer portal access. It generally does not include the sale or delivery of physical goods.

The proposal or package description specifies post volume, platforms, advertising-budget management, production hours, revisions, meetings, reports, delivery format and response times. Unless expressly stated, media spend, influencer fees, stock licences, travel, print, third-party software, platform subscriptions and unusual production costs are excluded.

Effective Dijital does not guarantee a particular follower count, reach, sale, advertising approval, platform verification or algorithmic outcome. Results depend on the customer’s offer, budget and timely approvals as well as platform policies, markets and third-party systems. The duty to perform the agreed work with professional care and in conformity with the contract remains.

4. Formation, term and subscription period

The contract is formed when the customer approves the pre-contract information and terms, submits the order carrying a payment obligation and the provider accepts it. If initial payment authorisation fails or the scope cannot be accepted for technical, legal or capacity reasons, the contract may not form; any collected amount is returned in accordance with law.

Unless a different lawful fixed term is expressly agreed in the order, a consumer subscription is for an indefinite term. Weekly, monthly or annual describes the service and billing interval, not the total contract term, and an indefinite subscription is billed at that interval until terminated. A fixed-term consumer subscription does not renew automatically and cannot contain an automatic-extension term; however, after formation and no later than its expiry, an extension may be agreed at the consumer’s express request or with the consumer’s approval. Billing and content-production calendars need not be identical, and delivery may follow the brief and approval flow. A non-consumer term and renewal arrangement may be set in the specific order.

5. Fees, taxes and recurring-payment authority

The total period fee, applicable taxes and pre-approved costs appear at checkout. By entering a card in İyzico’s secure payment field, the customer expressly authorises collection of the displayed amount at the selected interval. Effective Creative Works does not retain the full card number or security code, but may retain transaction and subscription references, payment status and invoice details.

Collection is attempted at renewal. If payment is rejected, the customer may be notified, a reasonable number of retries may occur and services or portal access may be suspended until payment succeeds. Suspension does not remove charges already earned for performed services. A late fee or other charge applies only if expressly agreed and legally valid.

A price change does not apply retroactively during the current period. A material price or scope change for the next renewal is supplied on a durable medium a reasonable time in advance, and the customer may cancel before it takes effect. Silence cannot be treated as consent to a detrimental change for a consumer.

6. Performance, brief, approval and revisions

Performance begins on the agreed date after the required brief, account access, brand assets and initial payment are complete. If a consumer wants work to begin before the 14-day withdrawal period expires, that request and the consequences for withdrawal are approved separately and expressly in the order flow.

The customer must provide accurate and lawful materials on time, consolidate feedback through an authorised contact and meet approval deadlines. A delayed brief, access or approval may affect delivery correspondingly; the order-specific terms state its effect on subscription and payment. Effective Dijital notifies the delay and a reasonable revised timetable.

Drafts are submitted for approval. An included revision means a reasonable change within the same brief. A new concept, reversal of an express approval, changed platform or additional scope may be extra work. Fee and timetable are approved before extra work starts.

Where the customer gave express publishing approval, or content was published under a pre-approved calendar, a later change in commercial preference alone is not defective performance. A typographical, technical-output or conformity issue should be reported promptly and a reasonable correction opportunity allowed.

7. Customer duties, accounts and intellectual property

Pre-existing marks, templates, methods, software and know-how remain with their owner. Rights to use a custom final deliverable arise after full payment and subject to the order’s licence terms. Drafts, rejected concepts, third-party licensed assets and agency tools are excluded unless expressly transferred. Portfolio use is agreed separately for confidential or pre-publication content.

• The customer must be authorised to use each supplied logo, music track, image, item of personal data, claim, mark and other material and must arrange required permissions and licences.
• For social and advertising accounts, the customer should use role-based access instead of sharing passwords where possible, maintain multi-factor authentication and report unauthorised access.
• The customer must verify the accuracy and sector compliance of advertising, campaign, giveaway, health, finance and other regulated claims. The agency is not a legal or regulatory adviser unless expressly engaged for that work.
• Third-party platform terms, content removal, account restrictions and algorithm changes are outside the parties’ control. Effective Dijital does not guarantee a platform decision not caused by its own fault.

8. Cancelling the subscription and termination

The customer may terminate through the customer portal cancellation function or by written notice to merhaba@effectivecreativeworks.com. For a commercial or professional-purpose transaction without a written special term, a cancellation confirmed in the portal takes effect immediately: future collections and work not yet started stop, and service access may close. A completed or actually supplied period is not refunded retroactively. This B2B rule does not replace the mandatory consumer periods below.

An indefinite consumer subscription governed by the Turkish Subscription Contracts Regulation, and a fixed consumer subscription lasting one year or more, may be terminated at any time without reason or penalty. A fixed consumer subscription shorter than one year may also be terminated in statutory situations such as a contractual change or a valid reason preventing use of the service. The consumer’s termination request is implemented within no more than seven days and the result is confirmed on a durable medium.

No fee is charged for a period after termination takes effect. The portion of a consumer’s prepaid amount corresponding to service not yet supplied, and any security, deposit or guarantee, is refunded without deduction no later than 15 days after the termination date. A weekly, monthly or annual billing interval does not remove this refund right.

Cancellation does not retrospectively make a properly performed current or past service period free of charge. Mandatory rights relating to consumer withdrawal, defective service, impossibility and erroneous or duplicate charges remain unaffected.

Effective Creative Works may suspend or terminate on reasonable notice for material breach, unlawful content requests, security risk, prolonged payment failure or risk of third-party rights infringement. Except for urgent security or illegality, a reasonable cure period is supplied where the breach can be corrected.

9. Consumer withdrawal and the early-performance exception

A consumer may withdraw without reason or penalty within 14 days beginning on the date the service contract is formed. It is sufficient to send notice before expiry to merhaba@effectivecreativeworks.com or in writing to Konacık Mah. Kanuni S.S. Cad. No:11 A4, Arbor Derin İş Merkezi, Bodrum/MUĞLA; use of the model form is optional. Effective Creative Works bears the burden of proving that proper withdrawal information was supplied.

Service begins before expiry only where the consumer expressly asks for early performance and separately acknowledges the statutory consequences. The exception in the Turkish Distance Contracts Regulation for a service started with the consumer’s approval before the withdrawal period ends applies only where valid, prior and express early-performance approval exists. A pre-ticked box, a statement buried in general terms or payment alone is not that special approval.

Without a valid early-performance request and approval, beginning or carrying out work cannot remove withdrawal or reduce the refund. If the consumer withdraws in time, all collected payments are refunded without deduction for alleged partial work, no later than 14 days after the withdrawal notice is received, in one transaction through a method compatible with the original payment instrument and without cost to the consumer.

10. Defective service and consumer remedies

Defective-service rules may apply where a service lacks the agreed characteristics, fails objective requirements or contains a material, legal or economic deficiency reducing a stated benefit. Failure to achieve an expected commercial outcome, a platform algorithm change or the customer’s failure to meet brief and approval duties is not automatically a defect.

Subject to Law No. 6502, the consumer may select one of four remedies; reperformance of the service, free repair of the work resulting from the service, a price reduction proportionate to the defect, or termination of the contract. Unless free repair or reperformance creates disproportionate difficulty for the provider, it must be completed without serious inconvenience to the consumer, within a reasonable time and no later than 30 business days after the request. If reduction or termination is selected, the reduction amount or refundable price is paid to the consumer immediately. Compensation and other statutory rights remain. A request may be sent to merhaba@effectivecreativeworks.com with the job, period, alleged non-conformity and supporting record where available.

11. Impossibility, force majeure and third-party outages

If performance becomes objectively impossible, the consumer is informed in writing or through a durable medium within three days after the provider becomes aware of the impossibility. All amounts collected for the service that cannot be performed are refunded to the consumer no later than 14 days after that notice. Increased cost or a foreseeable capacity issue alone is not impossibility.

A natural disaster, widespread infrastructure outage, war, public-authority order, epidemic measure or comparable event outside reasonable control may suspend affected duties for its duration. The parties cooperate to mitigate effects and set an alternative schedule. Charges for unused future service following extended impossibility are resolved under mandatory law and fairness.

12. Liability, notices and personal data

Each party is responsible under applicable law for direct loss caused by its fault. No term applies to unlawfully exclude or limit liability for intent, gross negligence, bodily harm, personal data breaches or mandatory consumer rights. The validity of any agreed limit for indirect loss or liability depends on party status and the law applicable to the facts.

Order, payment, approval, cancellation and delivery notices may be supplied through the portal, merhaba@effectivecreativeworks.com or a registered customer channel capable of serving as a durable medium. The customer keeps contact details current. Personal data is processed under the KVKK Notice and Privacy Policy.

13. Complaints and dispute resolution

The customer may first send a request to merhaba@effectivecreativeworks.com with the job or invoice number, period and requested resolution. The parties review records and seek a prompt, reasonable solution.

Depending on the dispute value, a consumer may apply to the Consumer Arbitration Committee or Consumer Court at the consumer’s residence or place of transaction. Monetary thresholds and jurisdiction are determined under the rules current at the application date. Under Article 73/A of Law No. 6502, mediation is a prerequisite before filing in the Consumer Court, except for matters within the Consumer Arbitration Committee’s authority and the other statutory exceptions. Mandatory pre-litigation mediation may also apply to B2B claims for payment or compensation under commercial and mediation law. Turkish law and ordinary jurisdiction rules apply to non-consumers unless the specific contract contains a valid forum or arbitration term.

14. Severability, amendments and records

Invalidity of one term does not affect the remainder; the invalid term is applied as the closest valid rule under mandatory law. No wording operates as an advance waiver of a consumer’s statutory rights.

A new price, scope or material condition does not apply to a past period and is notified before renewal. The current version is published at https://effectivedijital.com. The accepted terms and pre-contract information at the time of an order are retained for that transaction.