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SERVICE AGREEMENT

 

Parties

On one side; " put the idyll in. 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. (briefly referred to as the “service provider” in this Agreement) and the other party; The website of the service provider “www.nuagedc.com” (this site) via the service provider your product/services in the registration form with the information received with the authority to buy the site is a natural or legal person (in this agreement, “CUSTOMER” and/or “you” hereinafter) within the service agreement between this preliminary information form and the following terms and conditions (hereinafter “Agreement”) is adopted.

After that, in the contract, the customer/you and the service provider may be referred to separately as “parties” and together as “parties”.

Subject and purpose of the contract

The subject of this agreement; the service provider's “www.nuagedc.com” are sold online through the website of the service provider web site or as directed by the product/service that the customer's order is placed during the order process and the attributes of the specified sales price and the sale and use of products and services for customers having regard to the title of No. 6502 on the protection of consumers and Consumer Law - the regulation on distance contracts (OG:27.11.2014/29188) the rights and obligations of the parties to be applicable provisions of the covers.

By accepting this preliminary information form and service agreement, the customer agrees in advance that if the order subject to the contract is approved, the customer will be obliged to pay the price subject to the order and the additional fees specified, such as shipping fees, taxes, if any, and is informed of this.

Your acceptance of this agreement in electronic form also includes 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 Privacy Policy and working conditions and operational security products/services, special contracts, under the relevant consumer legislation and regulation on distance selling your okugu your understanding, agreement on the protection of consumers No. 6502 on your side and you are in law - Ten informed of the provisions under the scope of distance contracts directive is binding for the parties and the contract will mean that you accept that.

Effective date and duration of the convention

3.1. The term of this Agreement; the customer belongs to the service provider

“www.nuagedc.com " after the request (order) to purchase the product/service online through the website or the website directed by the service provider, the delivery of the requested product/service (activation) begins as of the date. 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 during the order.

3.3. If the contract period is extended, changes in prices will be reflected to the customer and fees will be charged at the current prices.

3.4. In case of Topaloğlu Bilişim prior to the term of the agreement, with the exception of topaloğlu Bilişim with written notice by the customer for a justified reason arising from the service provider, no refund shall be made to the customer by the service provider.

Notifications

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 the fact that this address is a valid address, belongs to an authorized person related to the services received, and is kept up to date. Acceptance that the customer knows the service renewal periods; Customer agrees that the service provider will not be responsible for any failures in its services due to problems or delays that may occur under any circumstances in electronic mail notifications related to renewals that the service provider has made to it.

4.2. Customer shall not claim any rights or damages from the service provider for any failure or damage that may result from incorrect, incomplete or outdated information provided to the service provider, and shall accept by the service provider that the identity and contact information provided is valid, correct and complete, and that the e-mail address is valid, correct and complete., All notification and billing operations to be made by the service provider to the customer, unless otherwise notified in writing by the customer, will be carried out within this information, the information transmitted by the customer is monitored by an authorized person on the customer's side in relation to the service subject to this Agreement, and in the event of changes, it agrees and undertakes to inform the service provider. Any liability that may arise as a result of the fact that this information is not accurate, complete and up-to-date is the responsibility of the customer.

4.3. After accepting orders and confirming transactions, the customer can use the service by making definitions of their services through the control panel. If the received service includes a process that also requires manual intervention outside the control panel, the service provider will transmit the necessary information about the use to the customer by performing the necessary work, and the service will be started. The customer is responsible for keeping the information up to date on the customer Control Panel, which will be allocated electronically, and for the confidentiality of the user name and password provided to him, and the customer is responsible for any damages and losses that may arise from these issues.

4.4. Service to the e-mail address that the customer has notified the service provider

It agrees to send an informational mail about the provider's campaign, product/services and to have its name referenced by the service provider on its web page or through other channels.

Fees, billing and payment

5.1. The fee payable 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, legally required to be taken into the specified fees later, and the collection takes place if the customer gives approval after it is shown.

5.2. Fees for the service received will be indicated during the order process. In exchange for the services and products purchased by the customer (“service/s”), the customer requests the service from the service provider

he agrees to pay as soon as he does. Payment is made by the customer through one of the payment methods that the service provider offers to the customer on its website.

5.3. For payments to be made in foreign currency, payment must be made at the foreign exchange sales rate at the date of payment of the Central Bank of the Republic of Turkey.

5.4. When a service is purchased, for any reason, the service provider if the customer can not be fully charged or the cost of providing the services of pre-payment for any fees that are charged if you are facing any problems regarding (for example, with a stolen credit card payments), the service provider in terms of the fees charged for all administrative, procedural, judicial, and criminal and civil remedies can have recourse to the customer knows this and accepts it.

5.5. At the beginning or renewal of the agreement, the customer did not pay at all or at maturity, or there was a problem with the payment/payment by stolen credit card.b. in cases, the service provider may immediately cancel and/or stop and/or limit the service received without notice, provided that it reserves other legal rights. The customer agrees to this.

5.6. The service provider reserves the right to charge a reasonable service fee at all times in respect of other duties outside the scope of its regular services and in respect of additional service or product requests. These include, but are not limited to, customer service issues that cannot be resolved by email and require personal service, and disputes that require special service, etc. services These collections will be billed as appropriate as possible to the payment method registered with 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 whose period has been extended on the renewal date. Otherwise above 5.5 by the service provider. as the measures mentioned in the article can be taken, it will be able to issue an invoice for the exchange rate difference caused by late payment and operate a 2% monthly overdue interest from the maturity date to the actual payment date.

5.8. The service provider reserves the right to make changes to prices and tariffs in the future without prior notice. Customer accepts, declares and undertakes any changes that may already occur in relation to these changes.

5.9. Customer service during the purchase and select the option of paying with a credit card automatic payment into the system, if a credit card from the service cost of the renewal service period‘ s will be captured automatically and refund will be made for that, because it cannot be charged to the credit card problems and/or delays to the service provider’ s agrees that it shall be liable for. Customer is obliged to make payment within 3 days after invoice is issued. If the customer does not pay on time, the service provider is not responsible for any interruptions/delays that may occur in all services provided, and will not request compensation for any damages from the service provider.

5.10. The service provider shall have the right to collect the purchased service costs from the credit card account provided by the customer at the time of the order, together with the customer's acceptance of this Agreement and approval of the order.

5.11. These fees do not include taxes. For all services provided to the customer under the contract, taxes calculated in accordance with the relevant tax legislation are billed to the customer along with service costs. At tax rates

if new taxes are uploaded to the service provider after changes or changes in these taxes, these new taxes are reflected to the customer.

5.12. Held by the service provider for the services purchased by the customer invoice(s) to the customer’ s to the billing address stated by postal mail, e-mail, courier, cargo, registered electronic notification address, e-invoice or agreed by the parties, sent by another way. The customer can also access a sample of the invoices that are issued by the service provider through the service provider's internet-based decals. The customer is obliged to follow the examples of invoices decribed on his side using this interface. If the invoice sent by one of the above methods does not reach the customer, the customer is obliged to notify the service provider within 10 days after the invoice date, otherwise it undertakes not to object to invoices that do not reach it or arrive later.

5.13. If it is used within the scope of the services received; Türk Telekom, Boğaziçi Elektrik

DistributionP. hikes made by infrastructure service providers, such as these, may be reflected by the service provider to the customer, and in such a case, the service provider will notify the customer of price changes that it will make one (1) month in advance. The customer accepts this situation in advance.

Termination

6.1. During the term of the contract; if one of the parties does not fulfill its obligations specified in this Agreement, the general terms of use, the contract for services/s received for more than seven (7) days, or if it is determined that the information declared by the customer to the service provider is not accurate, the other party may unilaterally and immediately fetopaloglubilisimed the contract. CUSTOMER; if it violates its obligations or causes fetopaloglu due to misrepresentation, it declares, accepts and undertakes that it cannot refund the fee it has paid, regardless of the remaining period, and if a monthly payment is made, all payments it must make before the end of the order period for the relevant services/S will become mueccel.

6.2. For customer service contract, within the period provided fetopaloglubilisimetme 10 days ago without any reason at any time has the right to a written warning. However, in the event of such termination, the customer declares, accepts and undertakes that he is obliged to pay the price of the relevant contract and / or service up to the normal expiration period in advance and that he cannot request a refund if he has paid this price.

6.3. If this agreement expires for any reason, configuration, data, content of customer systems, etc.b. the responsibility for transporting the information belongs to the customer. Before the expiration date of the agreement; if such information is not moved, all content will be deleted and a copy will not be provided by the service provider.

6.4. If the contract is fetopaloglu for any reason, the server, cabin, if any, that is in the use of the customer, etc.b. all energy connection of the inventory will be cut off and the inventory that is not owned by the service provider or is not added to the offset to be received by the service provider must be delivered from the service provider address within 3 (three) days from the date of termination of the contract. Otherwise, the service provider will not have any liability for inventories, nor will there be any obligation to pay compensation arising from the inability to use the inventory.

Responsibilities

7.1. Customer declares, accepts and undertakes to comply with the notices and warnings transmitted by the service provider within the service it receives. Customer may not distribute or sell the services provided to him free of charge and/or Unlimited to third parties for free or free of charge and/or Limited or unlimited.

7.2. Customer receives Shared Hosting Service and in this context the website creates excessive system load or security vulnerability, etc. it agrees that its services may be stopped if, for reasons, the service provider causes a situation that disrupts the services of other customers.

7.3. Customer agrees that the service will be stopped automatically if the quota is exceeded within the scope of any service it purchases. Quota excess varies according to the scope and content of the purchased service and the customer will be informed in case of excess.

7.4. The customer is responsible for e-mail communications, web publications and any transactions related to this subscription.C. the arrangement of the material in these publications through internet law 5651 on combating crime and the law, and the customs act contrary to public morality, by itself or its clients, web pages, FTP, and other internet services is entirely responsible for the content of that accepted.

7.5. The customer is responsible for the installation, licensing, installation of the software related to the service he receives, as well as for the work related to the software and all problems that may arise. The service provider is not responsible for the information made and offered by the customer, and the customer may request to lease licenses for the software it uses through the service provider if it wishes. Customer; request by service provider

in case, it is obliged to transmit the permission, usage and contract information related to the license it uses to the service provider.

7.6. Under this agreement the right to use the CUSTOMER does not Rent, Sell, assign, or give them to others, otherwise the contract for good cause Informatics Topaloğlu can be, therefore, that any legal notice or notification, without the need for any losses that may occur indemnify and minimum up to the contract price agreed to pay a penalty, declares and undertakes.

7.7. By signing this agreement, the customer agrees that the service provider cannot acquire titles and status such as a representative, agent, commercial agent, partner, solution or business partner, and may not provide such notice in its commercial documents, promotional tools, brochures and advertisements, website, against third parties related to it.

7.8. Customer agrees, declares and undertakes that the server will be disabled by the service provider without any notice and that the fees paid by that date will not be refunded to him in any way and that he is the taxpayer for any damages that may arise due to this. The customer is responsible for this.C. it must comply with its laws, the regulatory actions of BTK (Information Technology and Communication Agency) and the rules established and established by the service provider.

7.9. As for the services received by the customer, T.C. it is committed to be bound by the laws. If the customer violates applicable laws and regulations through the services it receives, it will be solely responsible for this situation, the service provider and 3.it declares and undertakes that it will cover the losses incurred by individuals and that it will make the service provider from any request.

7.10. Customer declares and undertakes that if authorized/official authorities apply to the service provider due to the content it publishes or contains, the service provider knows that it is obliged to comply with the relevant official/authorized authority requests to the extent of its authority, so it cannot make any requests and/or is obliged to cover any damages incurred by the service provider due to its non-compliance with the law.

7.11. The service provider cannot be held responsible for any material or moral damages that may arise from improper use of customer data, data content, and all data used by e-mail in the service it provides.

7.12. The customer is fully 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 can be performed by the service provider.

7.13. The service provider reserves the right to terminate the expired domain name, hosting, or other services it offers after the end of the period, and to completely cancel the service. There is no obligation to keep any data records after cancellation of services that have expired or have not been paid for.

7.14. The service provider may pause all services that threaten, harm or may cause their services indefinitely or indefinitely without prior notice.

8.4. Customer'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 working conditions or fails to comply with its obligations under the contract if the service provider violates other’ s customer’ s reserves the right not to disallow the area of physical access systems and these people.

8.5. If the customer receives services from the infrastructure in which the service provider also provides shared services to other customers, the service provider shall not be liable for possible interruptions or attacks that may occur on these devices in which shared services are provided, although it takes all precautions.

Internet Access Service

9.1. If the customer has received internet service, a control panel is provided in which the customer can track line usage by accessing this service over the internet at any time.

9.2. The service provider is located on telecommunications lines that are beyond its control and on the Internet where it receives service

Access providers are not responsible for any damage, loss or damage that may be incurred by the customer due to failures, errors, failures and pauses that may occur in their systems, and therefore the customer cannot claim any rights or compensation from the service provider. However, in such a case, the contractor will make maximum efforts to correct the said problem.

9.3. If the customer requests that the internet access speed not be subject to a certain limit due to project requirements;

Measurement will be applied on the basis of the “95 percent Model” (95 percent model), which is the industry standard, and contractor reports received electronically will be taken into account. 95 percent model: at the end of the month, the measured values will be automatically sorted from large to small by the electronic measurement system, and the highest peak values of 5% will be excluded from the account. The highest level of the remaining 95% tranche will be accepted as the basis for accrual and line usage will be determined automatically according to this model.

9.4. If the customer exceeds the internet quota purchased through the service provider, the price of the exceeded part will be charged separately.

Realization Prohibited Activities

Performing the following activities using the services of the service provider is strictly prohibited. Although the service provider is not responsible for controlling the content, it reserves the right to stop, restrict or completely terminate the services of users if it is found that these activities are being performed.

10.1. Prohibited activities include any act and behavior that is considered a crime by law, including, but not limited to, those listed below.

  1. Sending Spam

Spam is the sending of bulk and/or commercial messages via the internet at the recipient's request. Spam can damage the service provider's commercial reputation and reliability, as well as cause its systems to become overloaded and reduce the quality of services provided to customers.

Those who receive relevant services from the service provider cannot send Spam, their systems are unprotected to facilitate Spam sending, and 3. They cannot operate in a way that is open to the use of persons/institutions.

  1. Crimes Against ideas and works of Art, personal life and Personal Rights

Acts that may be committed against intellectual and industrial rights belonging to individuals or institutions and constitute crimes under the “law on ideas and works of Art”, “Law on trademarks”, “Turkish Trade Law”, “Law on the protection of Patent rights” and other relevant legislation, as well as crimes against the privacy of private life and personal rights, are covered by this scope.

iii. Phishing Attacks

Phising is the seizure of a lot of private information, from user credentials, credit card information, bank account numbers to internet password belonging to this account, by tricking users through fake internet pages and e-mail.

  1. Illegal or unauthorized access to other computers and networks

Attempting to access other computers, user accounts or networks by unauthorized or illegal means (hacking) and other activities that may allow illegal or unauthorized access to systems (port scan, stealth scan, etc.)truck.

  1. Virus, maggot, Trojan horse, etc. Activities Related To Damaging Distribution

Internet viruses, Trojan horse sending, or activities that may cause disruption to other users ' use of the service provider network or other connected network, system, service, or device, such as pinging, flooding, mailbombing.

  1. Excessive Resource Utilization On Shared Servers

As part of Hosting services, the service provider has services provided over shared hardware platforms. Published within the scope of this service extremely dense traffic of a website or create excessive resource usag

11.3. Exercise of right of withdrawal :

Notice that the right of withdrawal the right of withdrawal expires, until, in writing, or a persistent data register with the service provider’ s address or info@topaloglubilisim.com.tr User Control Panel support via email or by opening a record allocated to the customer either can be directed to the service provider. In the exercise of the right of withdrawal, the customer may use the right of withdrawal form form or make a clear statement informing the decision to withdraw.

11.4. The service provider shall refund all payments collected, including the costs of delivering the goods to the consumer, if any, within fourteen days from the date of receipt of the notification that the customer has exercised his right of withdrawal.

11.5. Exceptions to the right of withdrawal

A customer with the title of consumer cannot 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 are not under the control of the seller or provider.

  1. B) contracts for goods prepared in accordance with the wishes or personal needs of the Consumer.
  2. C) contracts for the delivery of goods that may deteriorate quickly or expire.
  3. d) contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable for health and hygiene.
  4. d) contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
  5. e) contracts for books, digital content and computer consumables presented in the material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
  6. F) contracts for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription agreement.
  7. d) contracts for accommodation, transport of goods, car rental, food and beverage supply and the evaluation of leisure time for entertainment or recreation, which must be concluded on a certain date or period.
  8. d) contracts for services performed instantly in electronic form or intangible goods delivered instantly to the consumer.
  9. H) contracts for services that are started to be performed with the approval of the consumer before the expiration of the right of withdrawal period.

Other Provisions

12.1. Notice: the addresses of the service provider specified in the initial part of the agreement above and provided by the customer during the order are legal notice addresses, and the notice to the current address will be considered valid unless the changes in the address that occurred are notified to the other party in writing. If the customer is one of the companies that are legally required to receive a registered electronic notification address, the service provider will also be able to make its notifications to this address.

The service provider may send a message, information, letter, warning, payment notification, account movement schedule, account statement to the e-mail address allocated to the customer during the service period it offers. The customer cannot claim that such electronic messages were not received or received, and also declares, accepts and undertakes that such messages will be considered legally notified 1 day after the date they were sent.

12.2. Force majeure: in accordance with this Agreement, natural disasters, fire, War, civil uprising, general strike, legal changes will be considered Force Majeure and force majeure will be limited to them. If the parties violate this Agreement due to force majeure, the party that violates it will 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 in any case no later than 1 (one) week after the occurrence of Force Majeure (“notice of force majeure”). If such delay or deficiency ends, the party affected by force majeure will immediately notify the other party in writing that the event of force majeure has ended. If the effect of force majeure lasts more than 1 (one) month and the affected party is unable to fulfill its obligation in this process, the other party may unilaterally and without compensation Topaloğlu Bilişim.

12.3. Transfer and assignment : the customer may not transfer or assign any of its rights or obligations under this agreement to any third party without the written consent and permission of the service provider. The service provider may transfer and assign its rights and obligations arising from the contract to its subsidiaries and partnerships with the registration of the same fulfillment of obligations under this Agreement. If the service provider's capital and/or partnership structure effective at the date of signature of this Agreement changes or merges with


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