Av. Sevcen CAN & Av. Yasemin ÇORAK
In our article series regarding potential legal problems that may arise in cloud computing contracts, we have explained the following issues so far:
– Validity of the contract (Please see…),
– Applicable law and jurisdiction (Please see…),
– Arbitration conditions (Please see…),
– Nonliability clauses (Please see…),
– Termination of contract (Please see…),
In addition to the above, another common problem is the unilateral change of the clauses included in the contract by the service provider.
Sometimes, it may be encountered that the cloud computing contracts include clauses regarding that the service provider may change several contract terms unilaterally. Based on these clauses, the service provider may change several terms unilaterally, those are notified to the user electronically or the user is not even informed about the changes in terms of the contract.
In practice, cloud computing contracts are generally signed in the digital environment and will become effective by the user’s clicking an “accept” button. Because of this, we can say that we often encounter the sanction of “considered as not written” of the contract terms in accordance with the Turkish Code of Obligations. For this reason, it is recommended not to make unilateral changes on the contract terms and if possible, to add related clauses to the contract.
Please contact us for detailed information and professional support.
Hukuk Desteği (Legal Support)
iletisim: [email protected]