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This is the Virtual Distance Sales Agreement between the Sunucun Data Center Services and the Customer.
Service Agreement
"Sunucun" / "Sunucun Data Center Services" operating as a service provider on the electronic environment and the person who receives service, orders, receives support and all activities provided by the service provider will be referred to as "Service User and CUSTOMER" in the continuation of the contract.
1- Subject Of The Agreement
The content of this contract is that it contains elements that will contribute to the CUSTOMER's attention to the uses offered by the service provider and also to the CUSTOMER's knowledge of their rights.
2- Validity Period Of The Agreement
The validity period of this contract starts as a result of the CUSTOMER placing an order with the company providing the service, making a payment using the payment channels (Online Payment / Wire Transfer & EFT) of the company providing the service, or committing to make a payment without making a payment, and choosing the period of time (6 Months/1 Year/2 Years/3 Years) for the service to be received. When the service period expires, the validity of the contract expires when the CUSTOMER does not have any amount to pay.
3- Products And Services In The Agreement
The CUSTOMER sends the Physical Server to be hosted and used in the Sunucun and/or belongs to the Sunucun (HOSTING, RESELLER, VIRTUAL SERVER, PHYSICAL SERVER, MAIL SERVER, IP ADDRESS) and general services included in parentheses, which are not included in the contract but in electronic environment. declares that it has read and accepted the terms of use of all services sold by the Sunucun. The CUSTOMER, by confirming the preliminary information electronically, before the conclusion of the distance contracts; address, basic features of the ordered products and services, payment price including taxes and payment information are also correct and complete.
4- Delivery Method Of Products And Services In The Agreement
The Physical Server sent to be hosted and used by the CUSTOMER will be securely hosted on the cabinet where the Sunucun serves. As a result of the orders and payments made by the CUSTOMER to use the services belonging to the Sunucun and provided by the Sunucun, the Sunucun sends the products and services of the CUSTOMER to the e-mail address in the CUSTOMER record created by the CUSTOMER on the website www.sunucun.com.tr.
5- Sunucun’s Responsibilities In The Agreement
The Sunucun will provide the services delivered as an order upon the request of the CUSTOMER, if the payment is made in advance. For payments not made in advance, the Sunucun does not have to wait until the day the CUSTOMER undertakes to pay, and is not obliged to provide service. The Sunucun will deliver the product to the e-mail address on the record created by the CUSTOMER on the website of the Sunucun after the orders made by the CUSTOMER electronically, and will start the service. The CUSTOMER is responsible for any damages that may occur due to incorrect e-mail or personal information regarding the delivered product. The Sunucun will receive the technical problems of the CUSTOMER in writing under the "Support Request" section on www.suncun.com.tr, where it operates, within the limits of the services it provides, and the received requests will be answered under the "Support Request" section. The scope of technical support is limited only to the service provided. In the operating systems valid for physical and virtual servers, the software and services installed by the CUSTOMER, which are not included in the operating system included in the service delivered by the Sunucun, are outside the scope of technical support. The CUSTOMER must have purchased the MANAGED SERVER service in order to hold the Sunucun responsible for these services. The CUSTOMER receiving service must comply with the technical support conditions in the contract offered by the Sunucun. During the service provided by the Sunucun, the main backbone problems on the network it has served, server failures, failure and maintenance works caused by the data center or the CUSTOMER, etc. is not responsible for any resulting interruptions. No responsibility is accepted due to the finesse in carrying out maintenance work in accordance with this article, because it is done upon the CUSTOMER's better service. In the case of the backup service, which is included in the adjustable customizable services included in the services received, Sunucun will take the backups of the CUSTOMER and can be held responsible for any problems that may occur. Sunucun also provides free of charge HOSTING backups of his own accord, due to the fact that it provides services without charge, incomplete backup or deletion of the desired backup, etc. will not be liable for force majeure.
6- Customer Responsibilities in the Contract
Bu Sözleşme gereğince tarafların, sözleşmenin kurulmasıyla doğrudan doğruya ilgisi olan kişisel verileri 6698 sayılı ve 24.03.2016 tarihli Kişisel Verilerin Korunması Kanunu uyarınca işlenebilir. Bu anlamda Müşterinin T.C kimlik numarası, adı soyadı, elektronik posta adresi, adresi; MÜŞTERİ tüzel kişi ise ayrıca vergi dairesi ve vergi numarası bilgileri alınmaktadır. Bu bilgiler, sözleşmenin kurulması ve yürütülmesi için gerekli bilgiler olup; sözleşmenin elektronik ortamda, hizmet alırken sözleşmeyi okudum ve kabul ediyorum ibaresini onaylaması ile faaliyete geçirmiştir. MÜŞTERİ, satın aldığı hizmetleri sunucun.com.tr üzerinde yer alan HİZMET KULLANIM ŞARTLARI’na uygun olarak kullanacağını kabul ve taahhüt etmiştir. Hizmet içerisinde yer alan; bilgi, belge, yazılım, lisansların kurulması, ayarlanması ve yazılımların kullanımı ile ilgili ortaya çıkan bütün sorunlar müşterinin sorumluluğunda olup bütün belirtilen bu detaylar içerisinde oluşan sorunlardan Sunucun hiçbir koşulda sorumlu tutulamaz. MÜŞTERİ’nin almış olduğu web barındırma ve sunucu hizmetleri içerisinde yer alan 3. Parti hizmetler, zararlı içerikler, paylaşımlar, T.C yasaları dışına çıkan unsurlarda bulunmasından ve barındırmasından hiçbir şekilde Sunucun sorumlu tutulamaz, bu sebeplerden oluşan sorunlarda MÜŞTERİ, sözleşmeyi geçerli kılmasından ötürü kendisinin kabul ettiğini beyan eder. Sunucun, oluşan sorunlardan ötürü ortaya çıkan problemin giderilmesi için müşteri bilgilerini gerekli kurum ve kuruluşlara ileteceğini bildirir. Buna istinaden alınan hizmetler içerisinde yukarıda yer alan T.C yasalarına uymayan içeriklerin barındırılması Sunucun tarafından tespit edilir ise herhangi bir uyarıya gerek kalmaksızın askıya alınabilir. MÜŞTERİ, kurallara aykırı davrandığı takdirde Sunucun’un hiçbir ihtara gerek kalmaksızın gerekli müdahalelerde bulunma ve üyeyi servis dışına çıkarma, üyeliğine son verme hakkının bulunduğunu kabul ve taahhüt eder.
7- Fee, Payment and Refund in the Contract
The CUSTOMER, must pay in advance via WIRE TRANSFER/EFT to the bank accounts on the order screen or on the sunucun.com.tr/hesap-numaralarimiz.html", before receiving the service Online Payment on the order screen, again via papara on the order screen. Sunucun will contact the customer in case of problems that occur when the CUSTOMER is received but the payment is not made within the time frame promised by the CUSTOMER. If the CUSTOMER transmits a time period beyond the promised time frame, Sunucun may apply 10% delay interest to the CUSTOMER due to the exchange rate difference during the service and support it has provided. If the default interest rate to be applied in commercial transactions of the Law No. 3095 on Legal Interest and Default Interest is higher than the interest rate accepted with this article, the Parties agree that the default interest rate to be applied in commercial transactions will be applied as the default interest rate. The Customer declares, accepts and undertakes to pay the interest, attorney's fee and all other legal expenses in advance, without the need for a separate warning or notice, in accordance with the provisions of this contract, even if Sunucun files a lawsuit or enforcement proceeding for any dues arising from this contract. Sunucun offers the opportunity to return the services it provides within 3 working days. The service to be refunded must not have been damaged in any way by the CUSTOMER. Failure of the Sunucun to intervene in the factors that are not covered by TECHNICAL SUPPORT as a result of the mistakes made by the CUSTOMER will not be counted as a reason for return. As per the service contract, the scope of TECHNICAL SUPPORT was mentioned in detail and it was declared that it was accepted and committed by the customer when he/she approved the service contract. The CUSTOMER can access all the general contents regarding the REFUND OF CHARGES via the product return agreement on sunucun.com.tr. This clause in the content of the service contract is presented to the CUSTOMER for informational purposes only. The CUSTOMER, stating that he/she accepts the service agreement, also accepts that he/she has read the product return policy.
8- Resource Usage
CUSTOMER;
4.1 100% or more of the resources of the system used in service procurement cannot be used for 180 seconds or more. Sites that use 100% continuously are reduced to the hard limit with 25% processor. Limits vary according to the given CPU and features.
4.2 Except for the website content, content unrelated to the website cannot be stored.
4.3 Personal content cannot be stored such as the picture, video, music gallery.
4.4 Cannot be used for archival purposes for any content.
4.5 Files for sharing cannot be hosted (zip, rar etc. File extensions).
4.6 Backups of websites with a disk usage size of 5 GB or more are not taken by the system.
4.7 Database services cannot be used as a remote server.
9- Commission in Contract
The CUSTOMER purchases online and by EFT/WIRE TRANSFER, valid for all purchases made on Sunucun. In Online Payment transactions, Sunucun, which has an automated billing system, does not reflect any amount to the customer in online payments.Sunucun collects the deductions made by the intermediary virtual pos company from the overpayment or balance transactions made by the CUSTOMER via WIRE TRANSFER/EFT methods and reflects it by deducting the online payment deduction amount.
10- Taxation
Existing TAX LAWS valid in the Republic of Turkey are applied in your purchases made via sunucun.com.tr, where Sunucun provides services.In addition to all services, 18% VAT is charged. Existing pricing and situations arising from changes in tax laws are outside the responsibility of Sunucun and are reflected in the contract exactly.
11- Authorized Court And Debt Collection Offices
Çorlu Courts and Debt Collection Offices are authorized to resolve any disputes that may arise during the implementation of this contract. In addition, the parties accept notifications to the address and e-mail address they provide under this contract; They are obliged to notify the other party of changes in their contact information within 7 days at the latest. Otherwise, notifications or e-mail notifications to be sent to the addresses given during the contract shall be deemed to have reached the other party.
THE SERVICE AGREEMENT AND PRODUCT RETURN AGREEMENTS STATED BY SUNUCUN IT SERVICES HAVE BEEN READ AND DECLARED TO BE ACCEPTED BY THE CUSTOMER.