ARTICLE 1 – PARTIES
Çarşı Mah. Ataturk cad. No: 354 / A
Cumhuriyet Business Center Floor: 5 Merkez / Rize
Phone: +90 (850) 532 17 32, Fax: +90 (850) 532 17 32
(XSunucu Internet Technologies will be hereinafter referred to as SERVICE PROVIDER)
1.2 SERVICE PROVIDER from the service provider (hereinafter referred to as CUSTOMER)
ARTICLE 2 – DEFINITIONS
The work involved in this contract;
XSUNUCU: The website belonging to SERVICE PROVIDER and broadcasting on www.xsunucu.com domain,
SLA: The technical support conditions covered by the service level specified by the SERVICE PROVIDER, which is the Service Level of Agreement, and published by XSU Internet Technologies,
Hacking: Unauthorized access to the information of a second person without any consent,
Spam: To send a high number of copies of the same message on the Internet to those who have not requested such a message,
DDOS Attack: Denial of Service actions to damage the server’s services, called,
Phishing: By sending messages asking for user account information or other private information in various ways, by obtaining a copy of the web page of the institutions or organizations that need to send this information,
Trojan: Software which consists of two parts and written for remote control of computers.
ARTICLE 3 – CONFERENCE ON THE CONTRACT
SERVICE PROVIDER’S SERVICE PROVIDED TO THE CUSTOMER AND THE CUSTOMER’S RELEVANT RIGHTS AND OBLIGATIONS OF THE CUSTOMERS TO PROVIDE THESE SERVICES TO CUSTOMERS IN TURKEY AND OTHER COUNTRIES.
ARTICLE 4 – SERVICE PROVIDER’S RIGHTS AND OBLIGATIONS
4.1 The SERVICE PROVIDER shall prepare the infrastructure necessary for the Customer to benefit from the services he or she will purchase on behalf of the Customer through the SERVICE PROVIDER INFRASTRUCTURE.
4.2 The SERVICE PROVIDER agrees to the CLIENT to provide the contractual obligations of this contract. The SERVICE PROVIDER has the power to subcontract a contract with a third party or organizations (“Subcontractor”) for any of its obligations and to have the service partially or totally to others.
4.3 SERVICE PROVIDER will provide a secure (encrypted) connection for the CLIENT to be able to operate securely on the XSunucu Internet Technologies, but the CLIENT’s account information is entirely the responsibility of the CUSTOMER and the SERVICE PROVIDER has no responsibility for the unauthorized access. Customer’s own account, XSunucu Internet Technologies, all the responsibilities of the entire process is completely and only CUSTOMER belongs.
4.4 SERVICE PROVIDER provides technical support service to the CLIENT within the scope of SLA services purchased by CLIENT from SERVICE PROVIDER via ticket and e-mail between 09:00 – 18:00 (GMT) every day on weekdays excluding public holidays It will give. However, the SERVICE PROVIDER has no obligation to provide technical support to the customer of the CLIENT.
4.5 The SERVICE PROVIDER shall not be responsible for the failure of the contractor to fulfill the contractual obligations of this contract on time due to technical problems that may occur in the telecommunication infrastructure or similar technical problems that may arise outside the control of the SERVICE PROVIDER. However, from the end of the technical failures caused by third parties which cause the service to fail or not to be performed on time, incomplete and inaccessible services and commitments will be fulfilled by the SERVICE PROVIDER as soon as possible.
4.6 The SERVICE PROVIDER reserves the right to amend the prices for all of the services provided.
ARTICLE 5 – CUSTOMER’S RIGHTS AND OBLIGATIONS
5.1 CUSTOMER XSUNIUM shall be responsible for completing the information provided wholly and in full while participating in the Internet Technologies system and updating the information immediately without any delay in case of any changes in this information and the CUSTOMER shall provide incorrect or incorrect information, the Service Provider shall be liable for damages arising out of the failure to notify the Service Provider of the changes in due time, and for this SERVICE PROVIDER, the contract shall be deemed to be the reason for termination of this contract.
5.2 CUSTOMER is solely responsible to the CUSTOMER RESPONSIBILITY for all transactions that the CUSTOMER will use and utilize with the website, email and the services of the information, files, documents and programs of the procurement services, and the SERVICE PROVIDER has no responsibility.
5.3 CUSTOMER warrants that all information to be transmitted to the SERVICE PROVIDER by phone, fax, letter, e-mail and similar means related to him / herself shall be complete and correct. Otherwise, it shall be responsible for any damages that may be caused by incomplete or incorrect information.
5.4 CUSTOMER undertakes not to act in any way as a service provider, agency or commercial representative of the SERVICE PROVIDER and will refrain from behaviors leading to such monitoring.
5.5 CUSTOMER acknowledges that the SERVICE PROVIDER has no responsibility and that all responsibility for the services rendered by the purchaser is solely his / her own responsibility, in the event of any legal dispute or legal liability arising from his / her services purchased on behalf of or on behalf of his customers. in any way impair the rights of any third party and in the event that any third party who is legally entitled to make any claim or initiate a legal proceeding by the CLIENT shall meet all of the damages incurred in person.
5.6 CUSTOMER shall not be able to advertise the SERVICE PROVIDER’s products and services or corporate identity without written permission from the SERVICE PROVIDER. CUSTOMER shall not use or use the trademarks, logos, or emblems of the SERVICE PROVIDER or SERVICE PROVIDER products or services in whole or in part, directly or indirectly, in any form or in any medium without written permission.
5.7 CUSTOMER shall not be liable for any damages or losses arising out of or in connection with the services provided by the SERVICE PROVIDER for any unauthorized or illegal access (Hacking, Spam, DDOS Attack, Phishing etc.) to third party computer, user account, Phishing) etc. for such activities.
5.8 CUSTOMER is responsible for the security of backups or data belonging to his / her services. Services (such as operating system or hardware malfunction) that the CLIENT has received for any reason. the SERVICE PROVIDER is not obliged to keep the customer’s data or take it on a regular basis. CUSTOMER shall not be entitled to claim any right or compensation from the SERVICE PROVIDER for damages which may arise from this situation.
5.9 CUSTOMER The website rate of the host varies according to the package. Minumum Cpu ratio is 20% and 60% Cpu is given thanks to flexible CPU. In the case of interruption in case of exceeding the CPU rate, no claim or right from the SERVICE PROVIDER can be requested.
ARTICLE 6 – CHARGING AND PAYMENT
6.1 CUSTOMER purchases the Value-added Service at the time of purchase as specified in the package specifications purchased at XSU’s Internet Site. CUSTOMER agrees that the records in the XSunucu Internet Technologies database belonging to the SERVICE PROVIDER for payment and billing transactions of the following periods shall be taken as basis.
6.2 Following the establishment of the necessary and technical infrastructure for the Service, normal service usage fees will be accrued for this period if the delivery of the Service is delayed due to a shortcoming by the CLIENT. CUSTOMER’S OBLIGATIONS TO COMPLETE ANY DEFECTIVES, INCLUDING THE SOFTWARE, HARDWARE, INFRASTRUCTURE TO BE HELD FROM THE SERVICE PROVIDER. Therefore, the SERVICE PROVIDER will have no responsibility.
6.3 The SERVICE PROVIDER will notify the CLIENT of the monthly invoice by email, SMS or telephone 5 days before the CLIENT’s service ends. If the service is not paid by the due date of payment, the SERVICE PROVIDER may stop the service partially or completely.
6.4 If for any reason the SERVICE PROVIDER can not provide the Customer with the necessary invoice or if the CLIENT can not view or read this invoice with any of the routes specified to him, the SERVICE PROVIDER does not belong to the SERVICE PROVIDER. The CLIENT accepts and undertakes that it is obliged to follow the invoice days. In such cases the CLIENT may not claim any right or compensation from the SERVICE PROVIDER for notifying him / her of no notification to him.
6.5 SERVICE PROVIDER, even though the expiration date of the invoice is 5 days after the due date, the services of the unpaid services and the spare files of the services or the data of the services may be partially exhausted.
6.6 When service is stopped by the SERVICE PROVIDER regarding the payment of the service fee, Web visits, Ftp, Email etc. SERVICE PROVIDER will not be responsible for any loss of data during the period when service is stopped because it will be stopped at services. CUSTOMER shall not be entitled to claim any right or compensation from the SERVICE PROVIDER.
6.7 The SERVICE PROVIDER may renew the services for which the contract has been committed under this contract, up to a maximum of 25% with the exception of applications for future services, such as telecom, electricity, etc.
6.8 SERVICE PROVIDER provides payment of the service invoice to the CUSTOMER for the payment of the service payment between the dates of 1-15 of the first month following the delivery of the PTT or Cargo to the address determined by the customer on the member registration form.
ARTICLE 7 – TERM OF CONTRACT
7.1 Business This agreement begins when the CLIENT’S orders and payment transactions are transferred from the internet to the SERVICE PROVIDER, together with the rights and obligations of the parties.
7.2 The contract period is the payment period that the customer has selected during the order for the relevant service.
7.3 If one of the parties has not notified the other party of termination for at least 30 (thirty) days prior to the end of the contract period, the contract extends to the same terms and conditions as the previous contract period. (changes in the price are reserved.)
ARTICLE 8 – TERMINATION AND TERMINATION OF YOUR CONTRACT
8.1 SERVICE PROVIDER, if the Customer violates any of the terms and conditions of this contract, if the CLIENT declares bankruptcy or concordance, or if there is no justifiable reason to pay the debts, the SERVICE PROVIDER shall be liable for unilaterally and without compensation the business may terminate this contract immediately. In the event that the contract is terminated by the SERVICE PROVIDER, the CUSTOMER’S XSNOWER INTERNET TECHNOLOGIES user account may be frozen or partially or totally closed without any notification, and the service provided for under this contract may be stopped.
8.2 Customer or Customer’s use of the Service provided by the SERVICE PROVIDER for services that are against the law (Spam, Trojan, DDOS Attack, Phishing, etc.) or Service Provider’s abuse of other customers, In case the CLIENT uses the services it sells as a tool for illegal crime processing, the SERVICE PROVIDER may freeze the service partially or totally and the contract may be terminated completely.
8.3 If any provision of this contract becomes invalid for any reason, such provision shall not affect the validity of any other remaining provisions, provided that there are no legal obstacles, and the remaining provisions shall remain in force and in force at the time of signature without the invalid provision.
8.4 In the content published by the CUSTOMER (Pornographic, Terrorism, etc.) T.C. In the event of the detection of unlawful texts, the SERVICE PROVIDER has the right to suspend the service of the CUSTOMER. If the SERVICE PROVIDER does not require immediate intervention, this information is provided to the CLIENT for the purpose of providing the software, program, he will want to stop updating the applications.
8.5 SERVICE PROVIDER Telecommunication Authority etc. it may terminate or renew the contract unilaterally in accordance with the new obligations which the institutions which it serves are obliged to.
8.6 CUSTOMER’S SERVICES PROVIDED IN THE SERVICE, PROGRAMS, WEBSITES, (Cpu% 4) in the shared services purchased from the SERVICE PROVIDER due to the applications, and to prevent the services of other customers using these services, and in case of DDOS Attack and SPAM Bulk e-mail, the SERVICE PROVIDER has the right to stop the service of the CUSTOMER CUSTOMER is not entitled to charge. If the SERVICE PROVIDER does not require immediate intervention, this information is provided to the CLIENT for the purpose of providing the software, program, he will want to stop updating the applications.
ARTICLE 9 – CONSERVATION AND CONFIDENTIALITY PROVISIONS
9.1 CUSTOMER agrees that all information provided to him / her in relation to the service provided by him / her in connection with the business relationship established with the SERVICE PROVIDER under this contract, including, without limitation, product, service prices and customer information, that the financial provisions shall be regarded as confidential information and trade secret and that it will not disclose this information for any reason and that it will not share it with third parties and that if it acts contrary to this article it will pay a penalty of 10.000 TL and that the SERVICE PROVIDER will cover all damages would.
9.2 The SERVICE PROVIDER shall not disclose and share with the third party the best of the Client’s commercial and technological secrets which it has learned under this contract and will not disclose it unless it is obligatory to disclose it in accordance with applicable legislation or a court order or administrative order issued .
9.3 The Parties shall not disclose or disclose any confidential information, in whole or in part, to any real or legal third parties without the written consent of the party concerned, and shall use the confidential information only for the purpose of its intended use and limited to that purpose. The Parties shall only disclose confidential information to third parties who are obliged to work and to whom the work must learn this confidential information and to which the business is made under this contract, but shall warn the personnel and third parties that such information is confidential and take all necessary measures to protect the confidential information.
9.4 SERVICE PROVIDER, INCLUDING THE SERVICE PROVIDED BY THE CUSTOMER, may share documents with third parties or institutions where it is necessary to disclose the documents in accordance with applicable legislation or a court order or administrative order. For this reason, the CLIENT can not claim any right or compensation from the SERVICE PROVIDER.
9.5 The SERVICE PROVIDER may review the services provided to the CLIENT without prior written notice to the CLIENT in cases where it is necessary to disclose the services provided to the CLIENT in accordance with applicable legislation or a court decision or administrative order, and the resulting information may be shared with third parties. For this reason, the CLIENT can not claim compensation from the SERVICE PROVIDER for any rights.
ARTICLE 10 – REFUND AND RETURN
10.1 There is a 100% reimbursement guarantee if all of our services you buy from our site (except for services you have done your reseller) have technical problems arising from our company within 7 days and our company can not provide a solution. Our company (Domain, SSL, Vds, Vps etc) is non-refundable. For all these and similar products, the return conditions have been rearranged in favor of the customer under a separate heading, see the Money Back Guarantee. When you purchase the product, you can use the Control Panel, Operating System, Modules supported on the Server, and so on. such as the fact that you are not satisfied with your advice and afterwards, are not included in the refund terms.
10.2 There is no fee for periodic / delayed servers in rental server and shared server services.
10.3 The Service Provider shall pay the fee within 7 business days of the discontinuance of the refundable service. The payment made by the customer with the credit card is returned through the bank system. XSunucu.com (XSunucu Internet Technologies) can not be held responsible for any interruptions or exchange differences arising from the banking system during the return process.
ARTICLE 11 – EVIDENCE AND AUTHORITY AGREEMENT
11.1 The parties acknowledge that in the event of any dispute arising from this contract, the commercial books and records and the computerized records kept in accordance with the parties’ procedures shall be valid, binding, concise and exclusive evidence.
11.2 T.C Courts and Execution Offices are authorized to settle disputes arising out of this contract.