On one side; " idyll Sok. Marmara Cad. No: 9 Apartment: 3 topaloğlu Bilişim Beylikdüzü/Istanbul” (Beylikdüzü et al., 8520748419 Tax No.) topaloğlu Bilişim ve Teknoloji Hizmetleri San. Tic. Co. Ltd. (referred to in this agreement as “service provider"); The website of the service provider “www.nuagedc.com” (this site) via the service provider your product/services in the site with the authority to buy a natural or legal person with the registration form the information that is received (in this agreement “CUSTOMER” and/or “your” hereinafter) within this preliminary information form and service agreement between the following terms and conditions (hereinafter “Agreement”) is adopted.
From now on, the customer/you and the service provider may be referred to separately as “parties” and together as “parties”.
Subject and purpose of the convention
The subject of this agreement; the service provider's “www.nuagedc.com” a web site or as directed by the service provider that are sold online through the website of the product/service during the order process the customer's order is placed and the sales price and the attributes of the specified consumer and having regard to the use and sale of products and services for customers on the protection of consumers No. 6502 title law - the regulation on distance contracts (OG:27.11.2014/29188) covers the provisions of the rights and obligations of the parties to be applicable.
By accepting this pre-disclosure form and service agreement, the customer agrees in advance that if he approves the order subject to the contract, he will be under the obligation to pay the price of the order subject and any additional charges, such as shipping fee, tax, if any, and that he has been informed about this.
Your acceptance of this agreement in electronic form shall also include this Agreement and its accompanying
Which is incorporated by reference into the contract“www.nuagedc.com” web site contained in the general terms & conditions and the Privacy – Security Policy and operational working conditions and products/services, special contracts, distance selling and consumer legislation relevant to the regulation on okugu under your understanding, agreement on the protection of consumers No. 6502 law on your side and you are in - under the scope of distance contracts directive, the contract is binding for the parties of the provisions of the informed and Ten will mean that you accept that.
Effective date and duration of the convention
3.1. The term of this Agreement belongs to the customer's service provider.
“www.nuagedc.com " following the request (order) to purchase a product/service online via the website or the website directed by the service provider, it begins as of the date of the activation (activation) of the requested product/service. Service provider records will be based on the date of activation.
3.2. The contract period is the period of use of the product/service selected by the customer at the time of the order.
3.3. If the contract period is extended, any changes in the prices will be reflected to the customer and pricing will be made at the current prices.
3.4. In the case of Topaloğlu Bilişim prior to the term of the agreement, no refund shall be made to customer by the service provider in case of Topaloğlu Bilişim except by written notification by the customer for a justified reason arising from the service provider.
4.1. The service provider shall use the e-mail address provided by the customer for any notification to the customer, including renewal of the service. The customer is responsible for ensuring that this address is a valid address, that it is owned by an authorized person related to the services received and that it is kept up to date. With the acceptance that the customer knows the service renewal periods; The customer agrees that the service provider shall not hold the service provider responsible for any problems or delays in its services that may occur in any circumstances in the e-mail notification regarding the renewal transactions that the service provider has made to it.
4.2. The customer shall not claim any rights or compensation from the service provider for any disruption or damages that may arise from the incorrect, incomplete or out of date information that it has notified the service provider during registration/or after starting to use the service, and that the identity and contact information, e-mail address that it has notified is valid, correct and complete, and, Unless otherwise notified in writing by the customer, the service provider accepts and undertakes that all notification and billing transactions to the customer will be carried out within this information, that the information transmitted by the service provider is in the follow-up of an authorized person by the customer in relation to the service subject to this Agreement, and that in case of Any liability arising from the failure of this information to be accurate, complete and up-to-date rests with the customer.
4.3. After order acceptance and approval of transactions, the customer can use the service by making definitions of the services through the control panel. If the service received includes a process that requires manual intervention outside the control panel, the service provider shall carry out the necessary work and provide the customer with the necessary information regarding the use and the service shall be started. The customer is responsible for keeping the information up to date on the customer Control Panel that will be assigned to him in electronic environment and for the confidentiality of the user name and password given to him.
4.4. Service to the e-mail address the customer has notified the service provider
The provider agrees to send an informational mail regarding its campaign, products/services and to have its name referenced by the service provider on its Web page or through other channels.
Fee, billing and payment
5.1. The fee to be paid for the services received by the customer is the amount specified during the order process. It is calculated by including VAT and other taxes, if any, which are legally required to be levied on the specified fees, and collection will be realized if the customer gives his consent after it has been shown to him.
5.2. Fees for the service received will be stated during the order process. The customer requests the service from the service provider in exchange for the services and products purchased (the“service/s”).
he agrees to pay as soon as he does. Payment is made by the customer through one of the payment methods provided to the customer on the service provider's website.
5.3. Payments to be made in foreign currency must be made at the foreign exchange sales rate at the date of payment by the Central Bank of the Republic of Turkey.
5.4. When a service is purchased, for any reason, the service provider provides the services that the customer can not be charged fully, or if the cost of pre-payment for any fees that are charged if you are facing any problems regarding (e.g., payments made with a stolen credit card), the fees charged in terms of the service provider all administrative, procedural, judicial, and criminal and civil remedies can have recourse to, the customer knows this and accepts it.
5.5. If the customer does not make any payment at the time of the beginning or renewal of the agreement, or if there is a problem with the payment made/the payment has been made with a stolen credit card v.b. in such cases, the service provider may immediately cancel and/or discontinue and/or limit the received service without notice, with the exception of other legal rights. The customer accepts this.
5.6. The service provider reserves the right to charge a reasonable service fee at any time for other duties beyond the scope of its regular services and for additional service or product requests. These include, but are not limited to, customer service issues that cannot be handled by email and require personal service, and disputes that require special service, etc. are services. These collections will be billed as appropriate as possible to the payment method registered in the customer's service provider.
5.7. In case of renewal of the order/contract period, the customer is obliged to pay the current price of the service which has been extended on the date of renewal. Otherwise the service is above 5.5 by the provider. the measures mentioned in the article can be taken, as well as the late payment from the foreign exchange difference invoice and the maturity date until the actual payment date to operate a monthly delay interest rate of 2%.
5.8. The service provider reserves the right to make forward-looking changes to prices and tariffs without prior notice. Customer accepts, declares and undertakes any changes that may occur in advance regarding these changes.
5.9. Customer service during the purchase of paying with a credit card and automatic payment option if you choose from a credit card into the system, the service of the renewal period service cost‘ S will be captured automatically and the refund will be made, because it cannot be charged to the credit card problems and/or delays the service provider’ s agrees that it shall be liable for. If the customer does not pay on time, the service provider is not responsible for any interruptions/delays in all services provided, and the service provider will not claim any compensation from the service provider.
5.10. The service provider shall have the right to collect the purchased service charges from the credit card account that customer gave at the time of the order upon customer's acceptance of this Agreement and approval of the order.
5.11. Taxes are not included in these fees. For all services provided to the customer under the contract, the taxes calculated according to the relevant tax legislation are billed to the customer along with the service costs. In tax rates
if the new taxes are charged to the service provider after any changes or changes in these taxes, these new taxes will be reflected to the customer.
5.12. The invoice for the services purchased by the customer held by the service provider(s) the customer’ s mail to the billing address stated, e-mail, courier, cargo, electronic notification, registered address, e-invoice or agreed by the parties, are sent by another way. The customer can also access a sample of the invoices that are decried by the service provider from the service provider's internet-based interface. The customer is obliged to follow the examples of invoices decoded by using this interface. If the invoice sent by one of the methods mentioned above does not reach the customer, the customer is obliged to notify the service provider within 10 days after the date of the invoice, otherwise he or she will not make any objection to the invoices that do not reach him or arrive later.
5.13. If used within the scope of services received; Türk Telekom, Boğaziçi Elektrik
Distribution A.P. hikes made by such infrastructure service providers may be reflected by the service provider to the customer, and in such case the service provider will notify the customer One (1) month in advance of any price changes. The client accepts this situation already.
6.2. Customer has the right to notify fetopaloglub in writing 10 days before any time within the period without any justification. However, in the event of such termination, the customer declares, accepts and undertakes that he is obliged to pay the price up to the normal term of termination of the relevant contract and / or service in advance, and that if he has paid this price he cannot ask for its return.
6.3. In the event of termination of this Agreement for any reason, the configuration, data, content of the customer's systems, etc.b. the customer is responsible for transporting the information. If such information is not carried before the expiration date of the contract, all content will be deleted and a copy will not be provided by the service provider.
6.4. In the event that the contract is for any reason fetopaloglubilisimi, if any, the server in the use of the customer, cabin v.b. the inventory, which is not owned by the service provider or which is not added by the service provider for offsetting purposes, must be delivered from the service provider address within 3 (three) days from the expiration date of the contract. Otherwise, the service provider will not have any responsibility for the inventories, nor will it have any obligation to pay compensation arising from the unavailability of the inventory.
7.1. Customer agrees and undertakes to comply with the notices and warnings transmitted by the service provider within the service received. The customer shall not distribute or sell the services provided to him free of charge and/or Unlimited to third parties, either free of charge or free of charge and/or Limited or unlimited.
7.2. The customer receives shared Hosting services and in this context the website creates excessive system load or security vulnerability, etc. if, for reasons, the service provider causes a situation that disrupts the services of other customers, its services may be stopped.
7.3. Customer agrees that the service will be stopped automatically in the event that any service purchased exceeds its quota. The quota out varies according to the scope and content of the purchased service and in case of overage, customer will be informed.
7.4. The customer is responsible for all transactions related to e-mail communications, web publications and this subscription.C. through the arrangement of the material in these publications internet law 5651 and law on combating crime, public morality, and contrary to the Customs Act itself or of its clients web pages, FTP and other internet services, is entirely responsible for the content of that is accepted.
7.5. The customer is responsible for the installation, licensing, setting up of the software related to the service he receives, and all problems related to the software. The service provider is not responsible for the information that the customer makes and offers, and the customer may request to lease the licenses for the software that the customer uses through the service provider if he wishes. Customer; request by service provider
in the event, the service provider is obliged to provide the permission, usage and contract information regarding the license it uses to the service provider.
7.6. Under this agreement, CUSTOMER does not rent the right to use, sell, assign, or give them to others, otherwise of the contract for good cause Topaloglu Informatics can be, therefore, that any legal notice or notification for any losses that may occur and indemnify up to the agreed minimum contract price without the need to pay a penalty, declares and undertakes.
7.7. The customer agrees that by signing this agreement, the service provider shall not acquire the title and status of its representative, agent, commercial representative, partner, solution or business partner, and shall not give such notice in commercial documents, promotional materials, brochures and advertisements, on the web site against the third parties concerned.
7.8. Following the realization of the activities allocated to the client through the server that is forbidden to be made of one or more internal or external attack or illegal networks etc the service provider’ s database, in circumstances that will affect in a bad way, also the server will be disabled by the service provider without a warning and fees that are paid by that date will not be refunded in any way and therefore declares that it is obliged to compensation for any damage that may occur. The customer is responsible for T.C. it must comply with its laws, the regulatory procedures of BTK (The Information Technology and Communications Authority), and the rules set by and set by the service provider.
7.9. In relation to the services received by the customer, T.C. it is committed that it will be bound by its laws. If the customer violates any applicable laws or regulations through the services it receives, it shall be solely responsible for the violation of the service provider's and 3.it declares and undertakes that it will cover the damages suffered by individuals and that it will remove the service provider from any demand.
7.10. The customer declares and undertakes that he/she knows that the service provider is obliged to fulfill the requests of the relevant official/competent authority to the extent of his/her authority in case the service provider causes the application to the service provider due to the content published or contained in it, and that he / she cannot make any request for this reason and / or
7.11. The service provider shall not be liable for any material or immaterial damages that may arise from the misuse of customer data, data contents, all data used by e-mail.
7.12. Customer is entirely responsible for backing up all data and restoring backups within the scope of the service used. If the backup service is purchased separately from the service provider, the backup may be made by the service provider.
7.13. The service provider reserves the right to terminate the expired domain name, hosting, or other services after the expiration of the term, and to cancel the service completely. There is no obligation to keep any data records after the cancellation of services that have expired or have not been paid.
7.14. The service provider may pause any services that threaten, threaten, or may cause their services indefinitely or indefinitely without prior notice.
7.15. The customer agrees that the service provider may move its own servers if necessary. In this context, an IP address charged to the customer may be replaced with a different IP address. The service provider does not guarantee that it can maintain the IP addresses allocated to the customer on a continuous basis. The service provider shall notify the customer at least 2 (two) weeks in advance of any new IP addresses allocated to customer's use in the event that the IP address changes. If such a change is required, the customer will also fulfill its obligations to make the change happen.
8.1. The customer shall notify the service provider of the authorized persons assigned for the maintenance/failure of the services and equipment in use upon the signing of this Agreement and shall receive the acceptance of the service provider. In the event of a change in these persons, this will be notified to the service provider and its approval will be obtained. The service provider reserves the right to request changes in such persons. In such a case, the customer shall make the necessary change.
8.2. Above 8.1. the customer shall inform the service provider in advance of the maintenance procedures specified in the article and shall agree with the service provider on the person authorized to perform maintenance on the day, time and duration of maintenance. In case of failure, the service provider will allow the customer to intervene in the failure as soon as possible. The work to be performed by the customer will be carried out under the supervision of the personnel authorized by the service provider.
8.3. The customer cannot interfere with the hardware on the server, otherwise it is his / her responsibility. In such a case, you agree and undertake to pay the entire damage to the service provider in cash, in advance and in advance without any notice or notice.
8.4. Client's 8.1., 8.2. and 8.3. your failure to comply with the obligations of articles to be reported to the safety instructions by the service provider/operational, or other working conditions violates its obligations under the contract if the service provider fails to comply with’ S customer’ s and the area of physical access systems reserves the right not to disallow these people.
8.5. In the event that the customer receives services from the infrastructure on which the service provider provides shared services to other customers, the service provider shall not be liable in the event of any interruption or attacks on these devices on which the shared services are provided, although taking all precautions.
Internet Access Service
9.1. If the customer has received internet service, the customer will be provided with a control panel where he can access this service over the internet at any time and track line usage.
9.2. Service provider, telecommunications lines that are outside its control and the internet from which it receives service
Access Providers shall not be liable for any damages, losses or damages that may be incurred by the customer due to failures, errors, disruptions or interruptions in their systems, and therefore the customer shall not be liable for any rights or damages from the service provider. However, in such a case, the contractor shall make maximum efforts to correct the said problem.
9.3. If the customer requests that the internet access speed should not be subject to a certain limit due to the project requirements,;
Measurement will be applied on the basis of “95 percent Model” (95 percent model), which is the industry standard, and contractor reports received electronically will be taken into account. 95 percent model: the values measured at the end of the month will be automatically sorted from large to small by the electronic measurement system and the maximum 5% peak values will be excluded. The highest level of the remaining 95% tranche will be considered as the basis for accrual and line usage will be automatically determined according to this model.
9.4. If the customer exceeds the internet quota purchased through the service provider, the cost of the portion exceeded will be charged separately.
Prohibited Activities Realization
The following activities are strictly prohibited using the service provider services. Although the service provider has no responsibility to monitor the content, it reserves the right to discontinue, restrict or terminate the services of users if it is determined that these activities have been performed.
10.1. Prohibited activities include, but are not limited to, any act or behavior that is criminalized by law, including, but not limited to, the following.
i. Sending Spam
Spam is the sending of mass and/or commercial messages via the internet without the request of the recipient. Spamming may damage the service provider's business reputation and credibility, as well as cause its systems to be overloaded and the quality of services provided to customers to be reduced.
Those who receive the relevant services from the service provider are not able to send Spam, their systems are unprotected to facilitate the sending of Spam and 3. They cannot operate in a manner that is open to the use of persons/institutions.
ii. Crimes against intellectual and artistic works, Private Life And Personal Rights
Acts that may be committed against intellectual and industrial rights belonging to persons or institutions and which would constitute a crime within the scope of “law on intellectual and Artistic Works”, “law on trademarks”, “Turkish Commercial Law”, “Law on protection of Patent rights” and other related legislation, as well as crimes against privacy and personal rights are covered in this scope.
iii. Phishing Attacks
Phising is the capture of a lot of private information, from identity information, credit card information, bank account numbers, to internet password belonging to this account, by deceiving users via fake internet pages and e-mail.
iv. Illegal or unauthorized access to other computers and networks
Unauthorized or illegal access to other computers, user accounts or networks (hacking) and other activities that may result in illegal or unauthorized access to systems (port scan, stealth scan, etc.).)truck.
v. Virus, worm, Trojan horse, etc. Activities Related To Damaging Distribution
Internet viruses, Trojan horses, or data sending, flooding, mailbombing, or any other users like network service provider's network, system, service or device in use activities that may cause disruption.
vi. Over-Resourcing On Shared Servers
Within the scope of Hosting services, the service provider has services provided via shared hardware platforms. In the event of excessive traffic or excessive use of a web site in the scope of this service, heavy sending and/or receiving of e-mail addresses used within the scope of e-mail hosting service, excessive CPU usage of the virtual server used within the scope of shared hosting service, or excessive traffic, the service provider reserves the right to discontinue the service for a short period
Right to withdraw, Use and Conditions
11.1. Right of withdrawal : the customer, who has the capacity to be a consumer, has the right to withdraw from the contract within fourteen days without giving any reason and without paying any punitive conditions. The right of withdrawal shall begin on the day of the establishment of the contract in contracts relating to the performance of services, and on the day when the consumer or the third person designated by the consumer receives the goods in contracts relating to the delivery of goods. However, the consumer may use the right to withdraw from the contract until the delivery of the goods.
11.2. Duration Of Right Of Withdrawal :
Determination of the right to withdraw;
a) in the goods which are the subject of a single order and delivered separately, the day on which the consumer or the third person determined by the consumer receives the final goods,
B) in goods consisting of more than one part, the day on which the consumer or the third person designated by the consumer receives the last part,
c) in contracts in which the goods are delivered regularly for a certain period, the date on which the consumer or the third person determined by the consumer receives the first goods shall be taken as basis.
In the contracts in which the delivery of goods and the performance of services are performed together, the provisions of right of withdrawal relating to the delivery of goods shall apply.
11.3. Exercise of the right to withdraw :
Notice that the right of withdrawal the right of withdrawal until it expires, in writing, the service provider or a persistent data with the Register’ s address or email@example.com customer support via mail or by opening a record that is allocated to the user control panel can be directed to either the service provider. In the exercise of the right of withdrawal, the customer may use the right of withdrawal form or make a clear statement announcing the decision to withdraw.
11.4. The service provider shall refund all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification that the customer is exercising his right of withdrawal.
11.5. Exceptions to the right to withdraw
The customer having the capacity of consumer shall not exercise the right of withdrawal in the following contracts::
a) contracts for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or provider.
B) contracts for goods prepared in accordance with the Consumer's wishes or personal needs.
C) contracts for the delivery of goods that may be quickly deteriorated or expire.
d) Contracts for goods that are mixed with other products after their delivery and which cannot be separated due to their nature.
e) contracts for books, digital content and computer consumables presented in material environment if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
F) contracts for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription agreement.
G) contracts for accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of leisure time for entertainment or recreation purposes, which must be carried out on a specific date or period.
I) contracts relating to services performed instantly in electronic environment or non-material goods delivered instantly to the consumer.
H) contracts for services which are executed with the approval of the consumer before the expiration of the right of withdrawal period.
12.1. Notice: the addresses of the service provider mentioned above at the beginning of the contract and given by the customer at the time of the order are legal notification addresses and the notification made to the current address shall be deemed valid unless the address changes occurring are notified to the other party in writing. If the customer is one of the companies legally required to receive a registered electronic notification address, the service provider may also make its notifications to that address.
The service provider may send a message, information, text, notice, payment notification, account transaction schedule, account statement to the e-mail address allocated to the customer within the period of service provided. The customer declares, accepts and undertakes that such electronic messages shall not be received or claimed to have not been received, and that such messages shall be deemed to have been legally communicated 1 day after the date they were sent.
12.2. Force majeure: under this convention, cases of natural disasters, fire, War, civil insurrection, general strike, and legal changes shall be considered Force Majeure and shall be limited to cases of force majeure. In the event that the parties violate this convention due to force majeure, the infringing party shall not be liable for this violation. The party affected by force majeure shall notify the other party in writing as soon as technically possible, but no later than 1 (one) week after the event of force majeure occurs (“Force Majeure notice”). If such delay or deficiency ceases, the party affected by force majeure shall immediately notify the other party in writing that the event of force majeure has ended. If the effect of force majeure is more than 1 (one) month long and the affected party fails to fulfill its obligation in this process, the other party may unilaterally and without compensation.
12.3. Transfer and transfer : customer may not transfer or assign any of its rights or obligations under this agreement to any third party without the written consent and consent of the service provider. The service provider may transfer and assign the rights and obligations arising from the contract to its subsidiaries and affiliates, provided that the obligations under this Agreement are fulfilled in the same way. This Agreement shall remain in force if the service provider changes its capital and/or partnership structure effective at the time of signature of this Agreement, or merges with another company and establishes a new commercial partnership, or takes over or is taken over by another company.
12.4. Stamp duty and other taxes : stamp duty arising from this Agreement shall be paid by the service provider and billed to the customer. All other taxes, duties, duties and similar financial liabilities arising from this Agreement are paid by the customer.
12.6. Disputes and disputes : Istanbul Çağlayan Court and Enforcement offices are authorized to resolve disputes arising from the application of this agreement. Customers who are qualified as consumers may apply to the Consumer Arbitration Committee and/or the Consumer Court for the settlement of disputes.