This English version is provided for convenience only. The Turkish text is the legally binding version; in the event of any discrepancy, the Turkish text prevails.
1. Parties and scope
These Terms of Service ("Terms") govern the relationship between Incasso Mentor Enformasyon ve Danışmanlık Hizmetleri Anonim Şirketi ("Incasso Mentor" or the "Provider") and the merchant or commercial enterprise requesting services via www.incassomentor.com or by e-mail (the "Customer"). Together with the pro forma invoice or written quotation issued for each request (the "Quotation"), the Terms form the entire agreement. In the event of conflict between the Quotation and the Terms, the Quotation prevails.
Services are offered to businesses only. By sending a request form, the Customer confirms that it acts for business purposes, that the person submitting the form is authorised to represent it, and that it is not a consumer.
2. Definitions
- Credit / Risk Report: a report on a company established in Europe named by the Customer, based on data obtained from international credit information sources and accompanied by an explanatory note in Turkish.
- Customer Monitoring: notification to the Customer, for 12 months from the report date, of material changes concerning the reported company (payment behaviour, credit rating and limit, official filings, changes of management or address).
- Debt Collection Coordination: coordination, on the Customer's behalf, of the recovery of an overdue, undisputed commercial receivable from a debtor in Europe, carried out through collection partners and, where necessary, law firms in the debtor's country.
- Data List: a list of company details of potential buyers in Europe, compiled according to the country, sector and size criteria specified by the Customer.
- Credit Information Source: the third-party credit information providers operating in Europe on which Incasso Mentor relies for its report and monitoring services.
3. Conclusion of the contract
- The Customer submits its request through one of the forms on the site or by e-mail. A request is a request for a quotation, not a binding order.
- After reviewing the request, Incasso Mentor sends a Quotation stating the scope, price, payment terms and estimated lead time. Unless stated otherwise, a Quotation is valid for 14 days.
- The contract is concluded when the Quotation is accepted by e-mail or the pro forma amount is paid. Incasso Mentor reserves the right to decline a request without giving reasons (for example on grounds of sanctions lists, insufficient documentation or suspected unlawfulness).
4. Fees and payment
- Fees are stated in the Quotation. Unless stated otherwise they are expressed in Turkish lira or euro and exclude VAT; statutory taxes are added to the invoice.
- Fees for Credit / Risk Reports, Customer Monitoring and Data Lists are payable in advance by bank transfer against the pro forma invoice. The service starts once payment has been received.
- For Debt Collection Coordination, the fee structure (file opening fee, success fee on amounts recovered and any third-party costs) is set out in the Quotation for each file. The success fee is calculated on the amount actually recovered from the debtor; payments made by the debtor directly to the Customer also count as recoveries.
- Overdue amounts bear default interest at the advance interest rate applicable to commercial transactions under Turkish Law No. 3095.
5. Performance of the services
5.1 Credit / Risk Report
- The report is prepared on the basis of the company identification supplied by the Customer (name, country, address, registration number, website). Incasso Mentor is not liable where incorrect or incomplete identification leads to a report on a different company.
- The report reflects the data held by the Credit Information Source on the report date. The credit limit, score, rating and payment behaviour shown are the source's own calculations; Incasso Mentor does not alter or interpret these data and gives no advice.
- Source reports are supplied in English; Incasso Mentor adds a note in Turkish explaining the main findings. The Turkish note does not replace the source report.
- The lead time is stated in the Quotation. If no data can be obtained from the source, the fee paid is refunded.
5.2 Customer Monitoring
- Monitoring runs for 12 months from the report date and ends automatically; renewal requires a new Quotation.
- Notifications are sent by e-mail within a reasonable time after the Credit Information Source publishes the change. Events not recorded by the source cannot be notified.
5.3 Debt Collection Coordination
- To be accepted, a receivable must be overdue, undisputed and documented (invoices, shipping documents, correspondence), and the total receivable per debtor must be at least € 20,000. Incasso Mentor may decline files that do not meet these criteria.
- Incasso Mentor coordinates the collection process; contact with the debtor, settlement negotiations and, where required, legal action are carried out by collection partners and lawyers in the debtor's country. Moving to legal action, the related costs and any power of attorney always require the Customer's separate written approval.
- Incasso Mentor does not provide legal services and does not litigate on the Customer's behalf. No recovery outcome is guaranteed; the debtor's solvency, insolvency or objections are outside Incasso Mentor's control.
- While a file is open, the Customer informs Incasso Mentor without delay of any direct contact with the debtor, payments received and changes to the receivable.
5.4 Data List
- The list is compiled from the Credit Information Source and public trade registers according to the Customer's criteria. The number of companies and the fields included are stated in the Quotation.
- The list is licensed for the Customer's own sales and marketing activity, for use within a single enterprise. It may not be sold, hired out or transferred to third parties.
- When using personal data of contact persons contained in the list, the Customer is itself responsible for complying with the data protection and electronic marketing legislation of the target country (GDPR, ePrivacy).
6. Nature of the information — no advice
All reports, notifications, lists and explanations supplied by Incasso Mentor contain factual information only. Incasso Mentor gives no advice, recommendation or guarantee as to whether to trade with a particular buyer, or as to credit limits, payment terms or security, and does not provide legal, financial, tax or investment advice. Decisions on how the information is used, and their consequences, rest solely with the Customer.
7. Customer's obligations
- To ensure that the information provided in the request form and subsequent correspondence is accurate, current and complete, and to warrant that the documents supplied are genuine.
- In respect of personal data of third parties passed to Incasso Mentor (such as officers of debtor or buyer companies), to have provided the required information notices and to hold a lawful basis as data controller under Turkish Law No. 6698 (KVKK) and related legislation.
- To use reports and lists solely for its own commercial decisions and not to share, publish or forward them to third parties, the debtor or the buyer.
- Not to use the services for sanctions evasion, money laundering or any other unlawful purpose.
8. Confidentiality
The parties keep trade secrets and confidential information obtained under the agreement confidential during the agreement and for five years after it ends, subject to legal obligations and to transfers necessary for performance (Credit Information Source, collection partners, law firms). The processing of personal data is described in the Privacy Notice (KVKK).
9. Intellectual property
All intellectual property rights in reports, Turkish explanatory notes, lists and report templates belong to Incasso Mentor and/or the Credit Information Source. The Customer receives only the limited, non-transferable right of use defined in these Terms.
10. Limitation of liability
- Incasso Mentor undertakes to perform the services with due care and in accordance with professional standards (an obligation of means); it does not undertake to achieve a particular commercial result.
- The data in reports and lists originate from third-party sources. Incasso Mentor gives no warranty as to their accuracy, completeness or currency beyond the assurance given by the source.
- Incasso Mentor's total liability arising from any single service is limited to the fee paid by the Customer for that service. No liability is accepted for loss of profit, loss of business, loss of reputation or other indirect losses.
- Liability for intent or gross negligence is excluded from these limitations pursuant to Article 115 of the Turkish Code of Obligations (Law No. 6098).
11. Force majeure
Where performance is delayed or becomes impossible due to events beyond the parties' control, such as natural disaster, war, pandemic, general strike, decisions of public authorities, or interruption of the Credit Information Source or communication infrastructure, the parties' obligations are suspended for the duration of the event. If the event lasts longer than 60 days, either party may terminate the agreement; fees for services not performed are refunded.
12. Withdrawal, cancellation and termination
- Credit / Risk Reports and Data Lists are prepared specifically for the Customer. Once the order has been placed with the source, the request cannot be cancelled and no refund is made; cancellations before the order is placed are refunded in full.
- Customer Monitoring is purchased for a 12-month period; no refund is made on cancellation during that period.
- In Debt Collection Coordination, the Customer may withdraw a file at any time by written notice. Fees accrued up to that date, third-party costs and the success fee on any payments received from the debtor within 6 months of withdrawal remain payable.
- If a party breaches a material obligation and fails to remedy it within 10 days of written notice, the other party may terminate the agreement with immediate effect.
13. Notices and evidence
Notices between the parties are sent to the e-mail addresses stated in the request form and are deemed served on the working day of sending. The methods prescribed in Article 18(3) of the Turkish Commercial Code for notices of termination and default are reserved. The parties agree that, in the event of a dispute, Incasso Mentor's electronic records, system logs and e-mail correspondence constitute conclusive evidence within the meaning of Article 193 of the Turkish Code of Civil Procedure (Law No. 6100).
14. Governing law and jurisdiction
These Terms and each Quotation are governed by Turkish law. The courts and enforcement offices of İzmir (Central) have jurisdiction over any dispute.
15. Miscellaneous
- If any provision of these Terms is held invalid, the remaining provisions remain in force.
- The Customer may not assign its rights or obligations under the agreement without Incasso Mentor's written consent.
- Incasso Mentor may update these Terms; the current version is published on this page and applies to agreements concluded after its publication date. Existing agreements remain subject to the Terms in force when they were concluded.
- The language of the contract is Turkish. The English translation is for information only.