Parties
This Distance Sales Agreement ("Agreement") is concluded electronically between:
| Seller | Western Software Professionals (sole proprietorship) |
|---|---|
| Tax Office / No | Şahinbey (Gaziantep) — 5771256742 |
| Address (HQ) | Güvenevler Mah. 29083. Sk. No:5, 27560 Şehitkamil / Gaziantep, Türkiye |
| Address (Office) | Fakülteler Mah. Özsoy Sk. No:22A, Çankaya / Ankara, Türkiye |
| contact@wsptekno.com | |
| Web | qemsy.wsptekno.com |
Buyer ("Organization"): the business that registers on QEMSY and purchases a paid plan from the Subscription page. The Buyer's trade name, tax/ID details, e-mail and billing information — entered by the Buyer at the time of the order (payment) — form an integral annex to this Agreement.
Subject
The subject of this Agreement is the sale and delivery of the QEMSY software subscription ordered electronically by the Buyer through qemsy.wsptekno.com, with the characteristics and price set out below, and the determination of the parties' rights and obligations.
Service and Price
- Service: QEMSY — a cloud-based, multi-tenant enterprise task, performance and efficiency monitoring software (SaaS subscription).
- Scope: the person / unit / task limits and features of the selected plan are shown on the Subscription page at the time of the order.
- Subscription period: monthly or annual, at the Buyer's choice.
- Price: the amount calculated from the selected plan, number of people and period, shown VAT-inclusive on the payment screen. The applicable price is the amount displayed at the moment the order is confirmed and sent to the Buyer by e-mail.
- Payment service provider: PayTR Ödeme ve Elektronik Para Hizmetleri A.Ş.
The free plan is not covered by this Agreement; only the Terms of Use apply to the free plan.
General Provisions
- The Buyer confirms electronically that it has read the essential characteristics of the service, the price, the payment method and the delivery information set out in Article 3.
- By approving this Agreement and the Terms of Use and Privacy Policy electronically, the Buyer accepts the obligation to pay the order amount.
- The service is provided on a commercially reasonable basis; no specific service level (SLA) is guaranteed, and temporary interruptions from infrastructure providers (Google Cloud / Firebase) may occur.
- The Seller may change prices and plan contents for future periods; no retroactive change to the Buyer's detriment is applied within a period already paid for.
Payment
The price is charged at the time of the order via the PayTR secure payment infrastructure by credit/debit card as a single one-off period payment. QEMSY does not currently apply automatic renewal (recurring billing); each new period is paid separately by the Buyer.
Card details never reach the Seller's servers and are not stored by the Seller; the transaction takes place directly within PayTR's PCI-DSS compliant infrastructure. The only valid proof of payment is the successful payment notification sent from PayTR to the Seller's server.
Performance and Delivery
The service contains no physical product; there is no shipping or physical delivery. Performance takes place electronically by upgrading the Buyer's QEMSY account to the purchased paid plan.
For detailed delivery and refund rules see the Delivery and Refund Terms.
Withdrawal, Cancellation and Refund
- Cancellation requests are sent to contact@wsptekno.com.
- Refunds are made to the card / account used for payment, via the PayTR infrastructure, in the same currency, within 10 business days of approval of the request; the time to appear on the card depends on the Buyer's bank.
- Upon cancellation, all data belonging to the Buyer (Organization) is permanently and immediately deleted (see Privacy Policy Article 9); the cancellation request is therefore irreversible.
- For cancellations made after the 14-day period, the amount paid for that period is not refunded; the Buyer may continue to use the service until the end of the period.
Exceptions to the Right of Withdrawal
As QEMSY is a business (B2B) service, the distance-contract right of withdrawal under consumer legislation does not directly apply to this Agreement. The service is also performed instantly in electronic form. Nevertheless, the Seller offers the 14-day refund right in Article 7 as a contractual commitment.
Default
If the payment fails for a reason arising from the Buyer's card/account, the Seller has no obligation to perform. If no new payment is made at the end of the period, Terms of Use Article 5 applies (account suspension or downgrade to the free plan).
Personal Data
Personal data processed during the order and payment process is handled for the purposes, legal grounds and periods described in the Privacy Policy. Invoice records that must be kept under tax and commercial legislation are retained for the period required by law (generally 10 years).
Disputes and Jurisdiction
This Agreement is governed by the laws of the Republic of Türkiye. The Courts and Enforcement Offices of Gaziantep have jurisdiction over any dispute arising from it. The parties agree to first seek a resolution in good faith through correspondence.
Entry into Force
When the Buyer approves the order electronically and completes payment, it is deemed to have read and accepted all provisions of this Agreement. The Agreement enters into force on the date payment is completed and remains valid for as long as the subscription relationship continues. A copy is sent to the Buyer by e-mail and kept accessible in its current form on this page.
Contact: contact@wsptekno.com
