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Service Agreement
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1.1: This agreement is entered into between ADAHOST BİLİŞİM TEKNOLOJİLERİ (referred to as ADAHOST), which provides the services specified in the services section (referred to as Services), and the individual/organization (referred to as the Customer) whose details are specified in the New Customer Registration section, regarding the use of the website located at https://www.adahost.net (referred to as the Site) owned by ADAHOST and the services to be purchased through this site, and will be deemed to be signed with the terms and conditions specified below.
1.2: The parties declare, accept, and undertake the accuracy of the information written in this agreement.
2.1: This agreement will regulate the sections that the Customer is allowed or not allowed to perform based on the information provided during registration, as well as the fees to be paid to ADAHOST in exchange for the services the Customer will receive according to their preferences in their orders. The descriptions of these services and transactions are as follows:
2.2: Membership information is the information entered by the Customer during the registration process. It is assumed that the Customer and the member have entered this information correctly and completely, as this information will be used in the transactions.
2.3: ADAHOST may require the sharing of communication information such as email, mobile phone, etc. and request the confirmation of this information through methods such as verification codes in order to make notifications, send newsletters, or apply security protocols such as account verification during registration, purchase, or similar transactions, and may make the use of these confirmation processes mandatory for the use of services.
2.4: ADAHOST may send notifications or newsletters regarding the services it provides using the contact information shared by the user during registration.
3.1: ADAHOST will provide the services that the Customer has requested as an order. By accepting the order message, ADAHOST acknowledges that it has received the relevant fee and undertakes to provide the service specified in the order.
3.2: The payment method, VAT differences, and the total amount to be paid according to the order will be notified by ADAHOST in accordance with the Customer's monthly or annual payment preferences.
3.3: The service will start after the acceptance of the order and the approval of the transactions. The responsibility for the relevant accounts and passwords lies with the Customer, and the Customer will be responsible for any damages or losses that may arise from these matters.
3.4: The Customer undertakes to comply with the statements and warnings provided by ADAHOST within the scope of the service they receive. The Customer declares, accepts, and undertakes to comply with any notice or notification issued by ADAHOST in relation to the hosting account. The Customer cannot distribute or sell the free and unlimited services provided to them to third parties, whether for a fee or free of charge and/or limited or unlimited.
3.5: The Customer undertakes not to access files or programs to which they do not have access rights while using the software and programs they have within the scope of the service and not to create any problems due to such access, and to indemnify any damages and losses that may arise from such problems.
3.6: The Customer acknowledges and undertakes that they are responsible for the taxes, fees, and similar obligations that are in effect or will come into effect during the term of the contract regarding the use of the domain name, hosting, or other services they receive.
3.7: The Customer acknowledges and undertakes that they are solely responsible for all files, documents, and programs hosted within the service, as well as all operations related to the website and email services they will use and benefit from, and that they will bear all legal and criminal liability that may arise from the illegality of such data, information, and statements. No fault can be attributed to ADAHOST regarding the problems that may arise in this regard. ADAHOST does not review, verify, endorse, or take any responsibility for pages sent before they are sent. ADAHOST reserves the right to terminate user accounts if they violate these general principles or for any other reason or if ADAHOST believes that they are harmful to its own or any user's business. ADAHOST has the right to delete any files and actions that violate the law without notifying the Customer as soon as it becomes aware of them.
3.8: ADAHOST cannot be held responsible in any way for any material or moral damages that may arise from the contents of the customer data contained in the services it provides, as well as from the erroneous/malicious use of these contents or from the email data sent and received. The Customer is solely responsible for backing up and storing all data. ADAHOST cannot be held responsible for any errors, material or moral damages that may arise from interruptions or data loss that may occur in its services.
3.9: ADAHOST will process the domain name registration procedures that have been ordered and whose payment has been successfully completed. The customer is the owner of the domain name that has been registered, and for which the registration request has been accepted and the fee has been paid. ADAHOST can perform actions on the domain name according to the customer's requests. The Customer will fulfill any requests for editing, changing, and transferring the domain name as soon as possible.
3.10: ADAHOST's liability for the services provided is limited to the monthly fee of the service. In case of any malfunctions, problems, or damages arising from the customer services, the claim for compensation cannot exceed the monthly fee of the service.
3.11: ADAHOST will take necessary care and diligence to maintain backups of customer data, but it cannot be held responsible for any data loss that the customer may suffer due to problems in this regard. The customer is responsible for regularly backing up their data.
3.12: ADAHOST specifies the specific terms of use for the products and services provided on a product and service-specific web page. Users are deemed to have accepted these terms when they purchase the services.
3.13: ADAHOST may make changes to the products and services it provides over time.
3.14: The customer is obliged to use the services they have received in a manner that does not harm other users. ADAHOST may warn the customer and request corrective actions or temporarily suspend the service without prior notice in case of such use.
3.15: The customer acknowledges that if they use the resources specified as "unlimited" in their services in good faith and in accordance with the general terms of use, they accept that these resources are unlimited and continue to use the service. In case of excessive use of server resources or use of resources for purposes other than intended, ADAHOST may warn the customer and request corrective actions or temporarily suspend the service without prior notice.
3.16: ADAHOST may decide to terminate the service without making any claims or demands, regardless of the content and scope of the product and service used. In this case, any remaining balance from the service and product will be refunded to the user. If the customer refuses the refund process or fails to respond to relevant notifications, the remaining balance will be reflected as a positive balance in the relevant account.
3.17: ADAHOST reserves the right to suspend or completely cancel expired domain name, hosting, or other services after the expiration date. There is no obligation to keep any data after the cancellation of expired or unpaid services.
3.18: ADAHOST complies with the terms and conditions of the REGISTRAR companies that act as ICANN-accredited registrars for domain name registration services. All responsibilities and processes in this regard are subject to the terms of the REGISTRAR companies. Domain name registration processes are managed by software systems that operate on ADAHOST and Registrar companies. The customer is solely responsible for the entire process.
3.19: Domain registration, transfer, renewal, whois, NS update, status change, etc. processes are carried out through 3rd party software or manual processes. In case of errors that may arise from such processes, the customer is obliged to notify ADAHOST of the error if they notice it or if they are notified by the registrar company. Otherwise, ADAHOST is not responsible for any malfunctions, damages, or losses that may occur.
3.20: ADAHOST complies with the rules and regulations of the registration operator (registrar) and ICANN in domain name disputes. For domain names such as .com, .net, .org, the UDRP process may be applied for dispute resolution according to ICANN rules. The customer acknowledges that these provisions and processes may apply to domain names on ADAHOST.
3.21: ADAHOST complies with the rules and agreements of the registration operator (registrar) in domain processes such as registration, transfer, renewal, whois, NS update, status change, etc., along with the relevant ICANN rules. These rules may change over time. By using the service, the user is deemed to have accepted all possible changes that may be made to this agreement and the rules.
3.22: In resolving domain disputes, ADAHOST follows the rules of the registration operator (registrar). For domain names such as .com, .net, .org, the ICANN rules may require the application of the UDRP process for dispute resolution. The user acknowledges that these provisions and processes may be applicable to domain names registered through ADAHOST.
3.23: The Whois privacy service is preferred by users who want to protect their personal information or avoid being listed on harmful spam lists. This service does not make the user inaccessible to legal authorities, and ADAHOST does not allow the service to be used for illegal activities. The Whois privacy service does not provide a 100% guarantee of privacy. ADAHOST can enable or disable the Whois service independently of user requests.
3.24: ADAHOST reserves the right to change the terms and prices of the domain registration services without providing prior notice. This regulation will come into effect after the service renewal process for annually paid domain names, and the current prices and terms are clearly and comprehensively stated during the renewal process. If the customer does not wish to renew or wants to renew through a different company, they have the right to proceed within the rules set by Registrar companies and ICANN.
3.25: ADAHOST suspends domain names for customers who fail to renew them in a timely manner, starting from the expiration date. The duration of this suspension process varies according to the time determined by the domain name's manufacturer. During this period, the main customer who purchased the domain name can renew it by paying the annual renewal fee and regain the right to use it. If the domain name is not renewed during this period, it enters the REDEMPTION PERIOD. During this process, the ownership of the domain name has been relinquished by the customer and is subject to our company's and the registrar's discretion. In the redemption period, ADAHOST or the registrar has the right to sell the domain name to a different company. If the previous customer or a new customer wishes to reclaim the domain name, the penalty fee, which varies depending on the value set by the domain name manufacturer but is typically around 100 USD, can be paid to retrieve it. After the redemption period, the process is at the discretion of the registrar, and it is not possible to retrieve the domain name through ADAHOST.
3.26: Domain name services are not a product that is sold but rather a service that grants the right to use the domain name for the duration in which the fee is paid. Therefore, if the fee is not paid within the expiration period of the domain name, this right can be transferred to another person.
4.1: This agreement commences when the order and payment processes are submitted to ADAHOST via the internet, and the specified rights and obligations of the parties begin.
4.2: The duration of the contract is equal to the payment period selected by the customer during the order process for the respective service.
4.3: If the parties have not given notice of termination of the contract at least 10 business days prior to the end of the contract, the contract shall be automatically extended for the same duration as the previous contract, with the same terms and conditions. (Changes in fees are reserved.)
5.1: The fee to be paid for the services specified in this agreement is the amount stated during the order process. The specified fees are calculated by adding VAT subsequently and displayed to the customer for collection.
5.2: ADAHOST reserves the right to make changes to prices and tariffs without prior notice. The customer acknowledges, declares, and undertakes to accept any such changes that may arise.
5.3: The fee is converted to Turkish Lira based on the effective selling rate of Garanti Bank on the order date and paid in Turkish Lira.
5.4: The customer is obliged to make the payment by the 5th business day after the definite order date, either by debiting the credit card account if there is a payment instruction with a credit card during the order process, or by making a bank transfer to the bank account numbers specified at the customer's contact address or to ADAHOST if there is no payment instruction with a credit card.
5.5: ADAHOST reserves the right to issue a late payment penalty invoice in case of payment delays.
5.6: ADAHOST reserves the right to suspend or reactivate the relevant service until the customer completes the payment process.
5.7: The customer is obliged to notify ADAHOST of the payments for the services received, regardless of the payment method. The notification should clearly indicate the order number, the name of the product or service for which the payment was made, and the payment method.
6.1: ADAHOST does not offer package downgrades for any of its services.
6.2: In case the automatic upgrade system fails to provide the upgrade, the user is responsible for notifying the system administrators about the situation.
7.1: ADAHOST reserves the right to suspend all services provided to the customer, including email, web, and FTP accounts, in case of payment issues, authorization problems with credit card payments, or violations of terms and obligations.
7.2: During this period, the customer will not have access to email, web, FTP, and all incoming emails will be bounced back.
8.1: If the customer fails to fulfill their responsibilities and obligations as stated in this contract or if the information provided on the front of this contract is found to be inaccurate, ADAHOST has the right to unilaterally terminate the contract without any notice or warning, if the suspension of the contract continues for more than 7 days.
8.2: After such termination, the customer acknowledges, accepts, and undertakes that they will not be entitled to a refund for the remaining period and agrees to pay a commercial penalty equal to 5 times the current contract fee, regardless of the remaining period.
8.3: The customer has the right to terminate this contract at the end of the contract period, without stating any reason, by giving written notice 10 days before the expiration of the contract.
8.4: In case the customer terminates the contract before the expiration of the contract period, the customer acknowledges, accepts, and undertakes to pay half of the remaining fees until the end of the contract period in a lump sum and in advance.
9.1: For any kind of notification arising from this contract, the parties accept, declare, and undertake that the addresses specified at the order address are the legal notification addresses.
9.2: Any notification made to these addresses will be deemed delivered, even if it does not reach the parties. Unless the changes related to these addresses are notified to the other party in writing, the previous addresses will be valid.
9.3: ADAHOST may send messages, information, letters, notices, payment notifications, account transaction tables, and account statements to the customer's email address assigned during the contract period. The customer acknowledges, accepts, and undertakes that they cannot claim that they did not receive the electronic notifications and that they will be considered legally delivered.
10.1: If the customer fails to make the payment within 7 days following the application date for the services received, they will be considered in default. In this case, ADAHOST may issue a foreign exchange difference invoice and, if desired, demand a monthly delay interest of 7% from the invoice date. The customer acknowledges, accepts, and undertakes to pay this delay interest and foreign exchange difference invoice.
10.2: If ADAHOST initiates legal or enforcement proceedings for any kind of receivable arising from this contract, the customer acknowledges, accepts, and undertakes to pay a monthly delay interest of 7%, a penal clause amounting to 50% of the remaining debt amount, 10% attorney's fee, and all other legal expenses.
10.3: If the customer applies to the competent authorities for precautionary attachment and interim injunction for the collection of their receivables arising from this contract, ADAHOST is authorized to obtain precautionary attachment and interim injunction decisions without providing collateral. However, if the Courts require collateral, the customer acknowledges, accepts, and undertakes to pay the commissions and all fees arising from the guarantees to be obtained from the Banks, and will not object to these matters.
11.1: This contract consists of 10 articles and subheadings and has been read, understood, and signed by the parties (The signing is deemed to have taken place with the submission of the order to ADAHOST via the internet). ADAHOST may add, remove, or modify articles and subheadings as it sees fit. The customer declares and undertakes to have previously accepted these changes.
11.2: Istanbul Courts and Execution Offices are authorized to resolve any disputes arising during the application of this contract.