General Service Agreement

THIS AGREEMENT IS VALID FOR SERVICES PROVIDED OVER THE INTERNET AND CONSISTS OF THE RULES THAT DETERMINE THE TERMS OF USE OF THE HOSTING SERVICE BETWEEN NATURAL PERSONS OR LEGAL ENTITIES AND TECMONY BİLGİSAYAR TELEKOMÜNİKASYON SAN. VE TİC. LTD. ŞTİ. YOU MUST READ THE SERVICE AGREEMENT AND THE TERMS OF USE, WHICH ARE AN INTEGRAL PART OF THIS AGREEMENT, IN FULL BEFORE ORDERING ANY PRODUCT ON OUR WEBSITE. THE SERVICE USE AGREEMENT CONTAINS RULES THAT YOU MUST FOLLOW. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, PLEASE CANCEL YOUR ORDER. DO NOT ORDER ANY PRODUCTS OR SERVICES.

1. SERVICE PROVIDER and PARTIES

This agreement is concluded between Tecmony Bilişim Teknolojileri Anonim Şirketi (hereinafter referred to as “TECMONY” in the following sections of the Agreement) and customers who purchase services provided by Tecmony (hereinafter referred to as “CUSTOMER”).

Address : Justwork – Fatih Sultan Mehmet Mahallesi Balkan Caddesi No:62/A Ümraniye/Istanbul

2. SUBJECT MATTER OF THE CONTRACT

The subject of this contract is the determination of the mutual rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts and all other legal regulations and practices regarding the purchase / sale of the services and products specified below, which the Customer ordered electronically from TECMONY’s website.

Following the signing/acceptance/approval of the contract in the virtual environment, the Customer, by participating in the signing/acceptance/approval of this contract, accepts, declares and undertakes that he/she has read and understood the contract, the contract as well as the Terms of Service Usage as an integral and indivisible whole from this contract and that he/she agrees, declares and undertakes to adhere to and act in accordance with all the terms and conditions in this Agreement, including additional or different records, terms and policies, including updates and arrangements that TECMONY may make from time to time on its website.

3. DURATION OF THE CONTRACT

This contract is valid for the duration of the service commitment to be brought in addition to the contract. If an additional service commitment letter is not brought to the contract, the contract is valid for one payment period, unless one of the parties notifies the other, it continues for one payment period.

4. INFORMATION

In order to improve service quality, Tecmony has decided to implement TS ISO IEC 27001:2013 Information Security Management Systems, TS EN ISO 9001:2008 Quality Management Systems, TS ISO IEC 20000_1 Information Technology and Service Management Systems, TS EN ISO 22301:2013 Social Security and Business Continuity Management Systems, which are accepted as information security management system standards. This document has been prepared to inform our customers in this sense. Tecmony aims to provide safer service to its customers by implementing these globally recognized standards.

A model has been prepared within Tecmony to establish, realize, operate, monitor, review, maintain and continuously improve the TS ISO IEC 27001:2013 Information Security Management System, which is one of the leading of these standards.

5. PRODUCTS SUBJECT TO CONTRACT

It is the service that the servers that the CUSTOMER has sent to use in the data center of TECMONY or the rental server, virtual server, hosting and other services of TECMONY have the qualifications mentioned in the contract and the sales price is determined through TECMONY’s website or via e-mail sent to the CUSTOMER. The CUSTOMER accepts and declares that he/she is informed about the basic qualifications of the service subject to sale, sales price, payment method, delivery conditions, etc., all preliminary information about the service subject to sale and the right of withdrawal, that he/she has read and confirmed this preliminary information electronically and then ordered the product, in accordance with the provisions of this contract.

By confirming the preliminary information electronically, the CUSTOMER confirms that he / she has obtained the address, basic features of the products and services ordered, the price in Turkish Lira including taxes, payment and delivery information correctly and completely before the conclusion of distance contracts.

6. DELIVERY OF THE SERVICE, PLACE OF PERFORMANCE OF THE CONTRACT AND METHOD OF DELIVERY

The service is a server belonging to the CUSTOMER or a rented server or hosting service belonging to TECMONY or a value-added internet service, and the CUSTOMER will host these servers or services in the data center belonging to TECMONY for a fee or will receive service from TECMONY’s servers in the data center belonging to TECMONY. These server computers are kept in the system rooms of the access providers that the SERVICE PROVIDER works with. The delivery of all information regarding the use of the service to the CUSTOMER is sent to the e-mail address in the customer record created by the CUSTOMER on the www.tecmony.com.tr website.

7. TECMONY RESPONSIBILITIES

TECMONY will provide the services transmitted as an order at the request of its customers if the payment has been made in advance. TECMONY is not obliged to provide services for services that are not paid in advance or canceled in bank records.

After the acceptance of the order and confirmation of the transactions, TECMONY will send all the information and passwords related to the service in the details of the customer order to the customer via e-mail and the service will have started. The responsibility of the relevant accounts and passwords is the responsibility of the customer and the customer is responsible for any loss and damage arising from these issues.

TECMONY will receive the technical questions of its customers in writing from the website www.tecmony.com.tr within the limits of the service it provides and will respond in writing. The scope of technical support is limited to the service provided; the operating system, the software installed by the customer on this operating system are outside the scope of technical support. If the customer has not concluded a SERVICE LEVEL AGREEMENT, TECMONY will not provide technical support in these matters. The customer must comply with the technical support conditions in the terms of use of the service.

TECMONY is not responsible for any force majeure interruptions of the service provided, such as failures and maintenance work caused by the companies that make up the backbone of the internet, server failures, data centers or customer errors.

TECMONY is not responsible for any problems that may occur in TECMONY’s services due to reasons arising from access providers and their data centers.

Tecmony reserves the right to make changes in the content and limitations of the service packages it offers for sale.

8. RESPONSIBILITIES OF THE CUSTOMER

Pursuant to this contract, the personal data of the parties, which are directly related to the establishment of the contract, may be processed in accordance with the Personal Data Protection Law No. 6698 dated 24.03.2016. In this sense, the customer’s TR ID number, name, surname, e-mail address, address; if the customer is a legal entity, the tax office and tax number information is also obtained. This information is necessary for the establishment and execution of the contract; by signing the contract, the customer has agreed to the processing and safe transfer of this data.

In addition, in accordance with the relevant law, the customer may apply to the data controller and request information about him/her; to learn whether personal data has been processed, if personal data has been processed, to request the relevant information “after being examined in detail by the senior management”, to learn the purpose of processing personal data and whether they are used in accordance with their purpose, to know the third parties to whom personal data is transferred domestically or abroad, to request correction of personal data in case of incomplete or incorrect processing, The CUSTOMER has the right to request the deletion or destruction of personal data, to request notification of the transactions made to third parties to whom personal data is transferred, to object to the occurrence of a result to the detriment of the person himself/herself by analyzing the processed data exclusively through automated systems, and to demand compensation for damages in case of damage due to unlawful processing of personal data.

The CUSTOMER agrees that the contact information to be shared will only be shared by official institutions and if requested as a basis for a prosecution or investigation and has already given its consent to this. In addition, TECMONY performs the “IP address blocking” process in accordance with the court decision in cases where it is not a hosting provider or does not have the opportunity to intervene in the content upon a court decision. The CUSTOMER accepts in advance that access to him/her may be blocked as a result of the blocking of the ip address as a result of the court decision, even if it is not related to him/her, and that TECMONY has no responsibility in this case.

The CUSTOMER must request the service by accepting the written offer sent to him by TECMONY and creating a customer registration electronically on the tecmony.com.tr website. The CUSTOMER pays for the service he/she wishes to purchase in advance. Invoices are created according to the type of service; Monthly, Quarterly, 6 Monthly or Annually upon the request of the customers. The day the service is started to be used is the last recurring payment day.

The CUSTOMER has accepted and undertaken to use the service purchased in accordance with the TERMS OF SERVICE USE on the tecmony.com.tr website.

The CUSTOMER receives the passwords required for the management of the service purchased from TECMONY, manages the service itself and is therefore obliged to ensure its security itself. The CUSTOMER accepts that he/she is personally responsible for all kinds of transactions he/she will make under the name of the “Main User” or “self-defined user” defined in the system.

The CUSTOMER has undertaken not to send messages that are considered criminal and illegal under the provisions of the relevant law. In addition, no written, audio or visual content, material presented from TECMONY servers may be contrary to the laws of the Turkish Republic. Otherwise, the responsibility for all material and moral damages arising and to arise belongs to the CUSTOMER. In addition, the parties will not engage in behaviors that will damage each other’s commercial reputation and dignity. The Customer’s purchase of services from TECMONY will not provide the Customer with the rights arising from TECMONY’s Intellectual and Industrial Rights Law legislation and commercial information, trade secrets, etc. to have information about the internal functioning of the company and the content of the services offered, partnership, right of use, etc., and the Customer accepts, declares and undertakes in advance that the Customer does not have the opportunity to share any information learned due to the service provided without the express and written consent of TECMONY with third parties and institutions in writing or orally.

All problems that may arise regarding the installation of the information, documents and software included, added, removed in the service, the adjustment of licenses, the use of software are the responsibility of the customers and TECMONY cannot be held responsible under any circumstances for the problems that may arise in all these details.

The CUSTOMER is responsible for all damages incurred by TECMONY in the event that administrative, legal or criminal action is taken against TECMONY due to the content published by third parties or by the customer in the service or due to the damage of information and documents by individuals. The CUSTOMER is obliged to compensate TECMONY’s damages in cash and at once within 5 business days following the written notification to be made to him/her.

TECMONY shall not be responsible for the information and content on the pages or applications to be opened to the web environment through the service belonging to the CUSTOMER. TECMONY cannot be held responsible in case of any negativity and illegal situation involving the CUSTOMER and third parties, which may arise in relation to the content of the published web pages or software, and in case of responsibility, TECMONY may suspend the service received without any warning.

The CUSTOMER accepts and undertakes that TECMONY has the right to make the necessary interventions and to exclude the member from the service and terminate the membership without any warning if he / she acts against the rules.

The customer accepts, declares and undertakes that even if the purchase made with a stolen credit card is a single purchase in terms of the purchase made with a stolen credit card in terms of the purchase made with a stolen credit card and not limited to these measures, all domain names and other services registered in the Customer account or whose term has been extended may be canceled, discontinued immediately without any notification, and that all service items received, including the Customer registration, may be canceled, terminated, discontinued regardless of the cost, without any obligation to compensate for any damages.

9. FEE, PAYMENT AND REFUND

After the offer given to the CUSTOMER, the payment must be paid in advance in advance for the service to start when the CUSTOMER wishes to purchase the service. The day the service is delivered is the recurring payment date and the last payment date of the next payment period. If the Customer fails to make payment for the services received on the due date, he/she shall be in default and shall be deemed to be in default. In this case, TECMONY may issue a currency difference invoice or, if it wishes, may demand 10% monthly default interest from the invoice date. The Customer declares and agrees to pay this delay interest and exchange rate difference invoice. However, in the event that the default interest rate to be applied in commercial transactions in accordance with the Law No. 3095 on Legal Interest and Default Interest is higher than the interest rate accepted by this article, the Parties agree that the default interest rate to be applied in commercial transactions in accordance with the law will be applied as the default interest rate. The customer declares, accepts and undertakes to pay interest, attorney’s fees and all other legal expenses in advance without the need for a separate notice and notice in accordance with the provision of this contract in case TECMONY opens a lawsuit or execution proceeding for any receivables arising from this contract.

Tecmony is an E-Invoice payer. Official invoices are sent on the customer panel you have registered or to your e-mail address. It is the legal responsibility of the customer to declare the information correctly in order to issue a legal invoice for the service purchased according to the Tax Procedure Law.

The verification process of our newly registered customers is done by the call center via Phone, E-mail and Support notification. Invoices are not issued for unverified customers and therefore service cannot be provided. In addition, customer panels of unverified customers are restricted.

The return period in our services is the first 15 days. It is a legal obligation to issue a return invoice for returns after the first 7 days or to fill in the return section in the E-invoice sent to you and send it to us.

The CUSTOMER is warned 3 times for 7 days via e-mail for the invoice whose last payment is overdue. Apart from this, the CUSTOMER will not be notified to fulfill its obligation through any other channel, and the service provided at the end of the 7th day is suspended. The data of the suspended service will be kept for 10 days and will be completely deleted after 10 days. In addition, if the server hosting service is provided, if the fee is not paid within the period, TECMONY does not have the opportunity and obligation to host and store the devices, and if the CUSTOMER cannot be reached through the communication means provided to the CUSTOMER or if the payment is not made within the given period even if it is reached, the responsibility of the device will be removed from TECMONY at the end of 6 months; The CUSTOMER accepts in advance that TECMONY will not be responsible for any situation such as destruction or malfunction of the device.

The CUSTOMER shall not hold TECMONY responsible for any loss or damage that he/she will experience or that he/she will cause to 3rd parties regarding the service suspended or deleted due to the service for which he/she has not paid.

TECMONY accepts payment with 2 different methods. For payments made by credit card, the system automatically activates and activates your service. Due to the problems experienced by the bank in payments made by Money Order-Eft, the accounting unit manually checks and approves the invoices. In order to avoid any inconvenience, in payments made by money order-Eft, payment notification from the customer panel or muhasebe@tecmony.com e-mail address must be notified together with the invoice number paid.

If the CUSTOMER wishes to terminate the contract before the end of the term of this contract, the campaign discounts made within the scope of the service provided are collected by TECMONY in one go.

The CUSTOMER may request a refund of the purchased products or services within 15 days from the date of the first payment without any excuse.

The refund guarantee covers only newly purchased products and services provided by TECMONY. Domain name registration, license fees, SSL certificates and similar products and services not produced by Tecmony are not covered by the refund guarantee.

While refunds are made uninterruptedly in Web Hosting and Reseller Hosting services; In server rental, hosting, virtual server services, cloud server services, refunds are made for the unused portion of the service.

In order to make a refund to the customer, TECMONY requests a refund invoice from corporate companies and an invoice issued by TECMONY in the month in which the refund is requested from individual users. The costs related to sending the invoices are covered by the customer. The refund of the payment is refunded through the payment channel through which the payment for the new product or service purchased was made, and it is absolutely not possible to make a refund through a different payment channel.

For companies that do not issue a return invoice or for individual customers who do not send back the invoice issued by TECMONY, the refund is made by deducting the taxation made according to the current Tax Laws in Turkey. TECMONY reserves the right to refuse service to users who abuse the refund guarantee.

TECMONY reserves the right to charge a reasonable service fee at any time for other tasks outside the scope of its regular services and for requests for additional services or products. These include, but are not limited to, customer service issues that cannot be resolved via e-mail and require personal service, disputes that require special services, or legal counseling, etc. that TECMONY is obliged to obtain for the Customer.

Internet access payments of customers receiving virtual data center services are fixed for the duration of the contract. Energy fees are updated immediately according to the price increases applied by the energy distribution companies, while the cabinet fees are increased every year according to the Tefe / PPI rates.

10. TAXATION

All transactions made by TECMONY through the website www.tecmony.com.tr are taxed according to the current Tax Laws in Turkey. Transactions arising from all legal changes that will take place outside the scope of this contract are outside the responsibility of TECMONY and are reflected in the contract. In accordance with the Tax Laws, all responsibilities of the CUSTOMER regarding the registration system shall belong to him/her.

11. TERMINATION

The CUSTOMER can cancel the service received by logging in as a customer on the tecmony.com.tr website during the new payment period and terminate the contract without any further notification. For this, the last payment date of the service must not have passed. The CUSTOMER accepts and undertakes that the terminated contract will not request a refund in any way related to the canceled service. TECMONY may unilaterally terminate the contract at any time. In case TECMONY terminates the contract and stops the service, only the remaining part of the fee paid in advance will be refunded to the CUSTOMER.

FORCE MAJEURE The occurrence of natural disasters such as war, civil war, terrorist acts, earthquakes, fires, floods, earthquakes, fires, floods, etc., which develop outside the control and will of the parties and which are outside the reasonable control power of the parties and which cannot be predicted in advance to prevent and / or delay the parties from fulfilling their obligations under this contract, will be considered as force majeure. When a force majeure event occurs, one of the parties is obliged to notify the other party immediately without losing time. In the event of such a situation, the parties shall make a joint assessment and determine and implement the measures to be taken together. The Parties shall not be held responsible for not being able to fulfill their obligations in full or on time due to force majeure, and if the force majeure situation continues for 30 (thirty) days without interruption, this contract will be automatically terminated. However, the rights and receivables of the Parties accrued before termination shall remain reserved.

12. AUTHORIZED COURTS AND EXECUTION OFFICES

Denizli Courts and Enforcement Offices are authorized to resolve any disputes arising during the implementation of this contract. In addition, the parties accept the notifications to be made to the address and e-mail address given within the scope of this contract; They undertake to notify the other party of any changes in their contact information within 7 days at the latest. Otherwise, the notification or e-mail notifications to be made to the addresses given during the contract shall be deemed to have reached the other party.

13. ARTICLES RELATED TO KVKK

Identity of the Data Controller

Tecmony Bilişim Teknolojileri Anonim Şirketi operating at Justwork – Fatih Sultan Mehmet Mahallesi Balkan Caddesi No:62/A Ümraniye/İstanbul is the data controller. Pursuant to Law No. 6698 on the Protection of Personal Data (“KVKK”), any information that serves to make the identity of a real person specific or identifiable is within the scope of personal data.

We would like to inform you about the purposes of processing your personal data in Tecmony Bilişim Teknolojileri Anonim Şirketi described below, legal reasons, collection methods, to whom and for what purposes it can be transferred, and the rights granted to you within the scope of KVKK, both dependent on and independent of them.

Personal Data to be Processed

The information you enter during registration will be considered as “Personal Data”. This information can only be obtained electronically through the customer registration form.

Purposes and Legal Reason for Processing Personal Data

Tecmony Bilişim Teknolojileri Anonim Şirketi processes your Personal Data in order to fulfill its obligations and service contract within the scope of all relevant national and international legislation, especially Articles 253 and 254 of the Tax Procedure Law and Articles 82 of the Turkish Commercial Code, and the secondary regulations published by the competent authorities based on them.

Transfer of Personal Data to 3rd Parties and Abroad

Tecmony Bilişim Teknolojileri Anonim Şirketi may share your personal data as an employer within the framework of the security and confidentiality principles specified in the KVKK and the relevant legislation, provided that adequate measures are taken within the framework of the security and confidentiality principles specified in the KVKK and the relevant legislation, within the country and abroad, provided that the necessary security measures are taken, indirectly or directly with our domestic or foreign affiliates or subsidiaries, domestic, foreign and international, public and private institutions and organizations and companies and other third parties, with which Tecmony Bilişim Teknolojileri Anonim Şirketi receives services, support and consultancy or cooperates or is a project, program and financing partner. It may share with persons or other authorities. In such a case, Tecmony Bilişim Teknolojileri Anonim Şirketi has established appropriate mechanisms to protect Personal Data. For more information about the countries to which the data is transferred or the data transfer mechanisms applied, please contact bilgi@tecmony.com.

14. VALIDITY

In the event that the payment for the order placed through TECMONY’s website is realized, the CUSTOMER shall be deemed to have accepted all the terms of this agreement. TECMONY is obliged to make software arrangements to ensure that the order cannot be placed without confirmation that the contract in question has been read and accepted by the CUSTOMER on the site.
>THIS AGREEMENT IS VALID FOR THE SERVICES PROVIDED OVER THE INTERNET AND CONSISTS OF THE RULES THAT DETERMINE THE TERMS OF USE OF THE HOSTING SERVICE BETWEEN REAL PERSONS OR LEGAL ENTITIES AND TECMONY BİLGİSAYAR TELEKOMÜNİKASYON SAN. VE TİC. LTD. ŞTİ. YOU MUST READ THE SERVICE AGREEMENT AND THE TERMS OF USE, WHICH ARE AN INTEGRAL PART OF THIS AGREEMENT, IN FULL BEFORE ORDERING ANY PRODUCT ON OUR WEBSITE. THE SERVICE USE AGREEMENT CONTAINS RULES THAT YOU MUST FOLLOW. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, PLEASE CANCEL YOUR ORDER. DO NOT ORDER ANY PRODUCTS OR SERVICES.

1. SERVICE PROVIDER and PARTIES

Address : Justwork – Fatih Sultan Mehmet Mahallesi Balkan Caddesi No:62/A Ümraniye/Istanbul

2. SUBJECT MATTER OF THE CONTRACT

Following the signing/acceptance/approval of the contract in the virtual environment, the Customer, by participating in the signing/acceptance/approval of this contract, acknowledges that he/she has read and understood the contract, the contract as well as the Terms of Use of the Service as an integral and indivisible whole from this contract, and that he/she has read and understood the contract, the contract as well as the Terms of Use of the Service as an inseparable and indivisible whole from this contract, and that TECMONY may make additional or different

General Service Agreement

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