1. SERVICE PROVIDER AND PARTIES
This agreement is contracted between Mitues Global Teknolojiler Veri Merkezi Hizmetleri Ltd. Sti.( It will be mentioned shortly as “Venois” herein after ) and customers (It will be mentioned shortly as “Customer” purchasing the service provided by Venois.
Address: Yakuplu Mah. Hürriyet Bulvarı, Skyport Plaza, No:1, Kat:3, D.No:64-65, PK:34520, Beylikdüzü - İSTANBUL (0850 885 01 14)
2. SUBJECT OF THE CONTRACT
For the process of purchasing / selling of the service and products, of which features are specified below, which are ordered online through Venois’ website by customer, due course of law no.6502 on the protection of consumers and regulation about distance contract, the determination of rights and obligations form the subject of this contract.
Following the online signature / acceptance / approval of contract; customer, by participating in signing/accepting/approving process, accepts, declares and promises that he/she has read and understood the contract, beside the terms of conditions as an inseparable part of this contract, and he/she is going to comply with all the rules and records and act based on these conditions in the contract, including additional or different stipulations arise from updates and regulations by Venois time to time.
3. CONTRACT PERIOD
This contract is valid during the additional written engagement of service. If there is no additional recognisance, the contract is valid during one payment period. It is valid for one payment period unless one of the parties reports the opposite.
4. CONTRACT PRODUCTS
These are the products; which are sent by Venois to be used in data center, in which the company serves, or the rental servers, virtual servers, hosting and other services, which belong to Venois, which have qualifications mentioned in the contract, and of which prices are determined via Venois’ website or an e-mail sent to the customer. According to the contract provisions; customer accepts and declares that he/she is informed about rudiments of the service such as delivery terms, payment terms, sale price, general features of the service, which is the subject of a sale, and has electronically read and confirmed these rudiments and then ordered this product.
By means of electronically confirming, customer confirms that he/she is truly, completely and accurately informed about address, general features of the ordered product and service, Turkish Lira and US Dollar denominated product price before taxes, payment and delivery information before the contract is concluded.
5. DELIVERY OF SERVICE, PLACE OF PERFORMANCE OF THE CONTRACT, MANNER OF DELIVERY
While the service is either a service which belongs to customer, or a rental server, a hosting or a value-added internet service, which belongs to Venois; the customer will either keep these servers or services in data center network which belongs to Venois by paying a fee or get service from servers which belong to Venois in this data center network. These host computers are kept in system control rooms, which belong to access providers in which SERVICE PROVIDER works. All the information related to the use of service is delivered to the e-mail address entered by customer in registration process of ‘my.venois.net’.
6. VENOIS’ RESPONSIBILITIES
Venois, provides service requested as an order by its customers if it is prepaid. Venois is not obliged to provide service if the price has not been paid in advance or cancelled in bank records.
Venois, will send all the information and passwords related to the service to customer via e-mail after acceptance of order and procedure approval, which means that service has begun. Related accounts and passwords are in customer’s responsibility and any kind of damage and loss caused by these subjects concerns directly the customer.
Venois, is going to be asked technical questions in written by customers within the scope of service via www.venois.net, and the questions will be answered again in written. Scope of the technical support is limited to the service provided; operating system and the softwares that customer installed in this operating system are out of the scope of technical support. If the customer has not signed a service level contract, Venois does not provide technical support in this respect. Customer is obliged to honor in accordance with technical support terms placed in terms of service.
7. CUSTOMER’S RESPONSIBILITIES
Customer accepts that contact information is going to be shared only when requested by public enterprises and when this information is subject to an investigation or prosecution. That means that customer confirms this kind of share in advance. Also, Venois shall take “IP Blocking” action in cases which the company is not the hosting provider or can not interfere with the context upon an other court decision. Customer, accepts that access to himself may also be blocked as a conclusion of Blocked IP Address upon a court decision, even if the ban is not personal, and in this case Venois has no responsibility.
With accepting written offer sent by Venois, customer must create customer registry electronically in my.venois.net website and make order of the service. Customer, pay for desired service in advance. According to the type of service, invoices are made out as monthly, 3 months, 6 months or yearly types again based on customer’s wish. First day of service use is payment due date.
Customer gets passwords for service administration of purchased service by Venois, administrates the service himself, accordingly is obliged to provide protection himself. Customer accepts that he/she will be responsible for any kind of action in the name of “Main User” identified by the system or in another ‘customized’ name.
Customer promises not to send criminal and legistically illegal messages. Also no written, audial or visual content and material from servers of Venois can be against to law of Turkish Republic. Otherwise, customer is responsible for any kind of pecuniary loss and intangible damages. And also the parties shall not act detrimentally towards eachother in terms of commercial credit and prestige. While purchasing service from Venois does not give rights such as partnership, use, having knowledge about the details of service provided and internal affairs of the company like business secret or business knowledge endowed by Law of Intellectual Property Rights, to customer, it is certain that the customer accepts, declares and promises that he/she has no right in sharing any kind of information received through service provided by Venois, with third parties and institutions neither written nor oral, without Venois’ written or oral consent.
Any kind of problems related to software use, adjustment of licences, installation of software and retrieved and added information and document in service is in customer’s responsibility and Venois can not be held responsible for none of this kind of problems.
In case of a legal, administrative, penal actions against Venois because of any damage of information and document by third party, or content broadcasted by customer or third parties, in service, customer will be responsible for any kind of loss that Venois may suffer. Customer is obliged to cover Venois’ loss, in 5 weekday and in on ego after a written declaration.
Venois is not responsible for information or content in pages or applications created in web environment through the service which belongs to the customer. In case of any kind of problem or illegal circumstance occured, in which customer and thir parties are included, related to content or software of web pages which is broadcasted, Venois can not be held responsible, and in case of a responsibility, Venois can temporarily suspend the service without any warning.
Customer accepts and confirms that Venois has right to perform necessary interferences and get the member out of service and terminate the membership without the need of any warning, if customer acts illegitimately.
For shopping via stolen credit cards, customer accepts, declares and confirms that, all domain names and other services, which are registered to customer’s account or extended, may be immediately terminated, suspended without the need of any notification, and not limited to these precautions, even if there is just one purchase by using this stolen credit card, and that all service items, including customer’s registration, may be terminated, cancelled and suspended, whatever it may cost, without any charge of damage.
Examples of transactions that are not allowed in all our services are listed below;
● IRC Scripts and Bots
● Proxy Scripts and Anonymizers
● Pirate Software and Warez
● AutoSurf, PTC, PTS and PPC sites
● IP Scanners
● Bruteforce Programs, Scripts and Applications
● Spam Mailing, Spam Scripts and Mailer Pro
● Sale of goods without appropriate permits
● Sites with all kinds of content such as Adult, Erotic, Adult Story and Video
● Dating and all sites with this content, such as escorts, gigolo sites
● Lottery and Gambling Sites
● MUDs, RPGs and PBBGs
● Hacker sites focused archive programs
● Sites promoting illegal activities
You are obliged to answer the report via support ticket in 24 hours, when you get an e-mail from our Department of Abuse. It might be necessary to suspend or terminate the service, if there is no answer in 24 hours. Also, as required by law no. 5651, court decisions or access restriction decisions by TIB (Turkey Telecommunications Communication Presidency) will be performed in 4 hours, regardless of time and warning.
It is strictly forbidden to spam gregariously or send junk mail. Mails, which are sent from membership and databases, purchased mail lists and e-mails, which are sent to them, are regarded and declared as Spam. Accounts of customers who take such actions are terminated without any warning or will be limited in e-mail sending. The service will not be activated until spams by customer stop.
Venois reserves the rights of running down the service, which does not comply with mentioned agreement, and changing it in case of an emergency.
It is strictly forbidden to publish contents that can potentially damage children and child-sex pornography and similars are counted in this category. Keeping child-sex pornography in a web site comes up with result of an abuse report, any repeat causes the termination of the service. If this happens not within service owner’s knowledge, service owner would have 24 hours to terminate this content.
In case of attacks such as DDos attacks, spam mailler, flood, ip spoffing, which can damage the service and other users, the IP address, which is under attack, is temporarily closed.
9. BACKUP AND DATA LOSS
Venois, has planned a back up system, which are made of weekly periods, for the purposes of immediately fixing the software and physical problems which can be caused by not customer but the server itself, keeping the reputation of the firm high and meeting the customer satisfaction.
There is no guarantee or backing up service for customers, by no means, in terms of these backups created by planned back up system. Backing up the accounts is completely in customer’s responsibility and the company can not be held responsible for any data loss.
However, by taking problems that customers have in their accounts into consideration, requested backups are shared with the customer by Venois, if necessary but still with its own initiative.
In case of cancelling the service, your account, including backups, is deleted.
Backups, which are created by the customer, are kept in the system for 7 days and then they may be deleted.
10. TERMS ABOUT TECHNICAL SUPPORT
Technical support requests are accepted and recorded only in automation system. Also answers for technical support requests are again given in automation system.
There is not a technical support via phone, in no ways. Our customers can contact our team and inform them about the emergency and also get information about the process via phone call. Solution of the problem, details and information processes are also reported through technical support request.
Venois can give technical support only about its own business. The technical support content that Venois gives to its customers are stated below. The requests which are out of the scope of technical support that following articles include, are given if service level agreement has been signed.
a. Venois will install the service you purchased and send the information to your e-mail address which has been entered in the system.
b. Support Team does not give support about installation and adjustment of website software that you will be using.
c. Management of Hosting, Reseller and e-mail (creating-deleting an account, quota increase) services are in customer’s responsibility.
d. Support Team can not make remote connection for indiscriminatingly personal problem sor hosting problems related questions.
e. Venois gives support based on the following conditions in case of website transferring from other firms;
Depending on the status of the service and panel that you previously used in previous firm, if the panel, which you used in websites added as personal-reseller account, was a cPanel, then it is possible to transfer it by giving the necessary information to the support team. Our Support Team does not give technical support when the transfer operation of your websites, which have been added as “Addon Domain” under one single cPanel account, haven’t been made with automatical account transfer technique. Our technical staff gives support only to the customers who use cPanel, and there is no transfer for free panels such as Plesk, Directadmin and so on. Our firm can not be held responsible for missing transferred files in transfers made by our technical staff. Checking of transferred websites in customers’ responsibility.
Space usage is limited to web content in Venois sharing hosting packages. Customer can not use the web space, which is provided externally, for archiving, storing et cetera. Venois has right to limit the spaces which are determined as being used for storing or archiving. Limitations based on different packages are stated below;
a. Any kind of change is not possible for hosting packages of our website. Package promotion is required when the certain features are not enough.
b. There is Inode limit in all hosting packages. This limit means 100.000 files. It is valid for the complete service provided for you, which means that all the files of all your websites must be organized based on this limit.
c. There are CPU and Ram limits in all hosting packages based on package features. Due to soft reasons of these limits, your account may be suspended in case of an uncontrolled circumstance in order not to effect other customers.
d. Venois can change or suspend IP address of your accounts in order to locate the attacks on hosting servers.
e. The limit for sending an e-mail for all of our hosting packages is 50 e-mails per hour. In case of exceeded limit, Venois, informs you via its support team and suspends your account.
12. PRICE, PAYMENT AND REFUND
After the offer made to the customer, the price must be paid in advance for the beginning of the service. Delivery day of the service is also repeated payment date and also the payment due date of the next payment period. Customer will be failed to meet financial obligations and will be put in default if he/she does not pay in designated term for payment. In such circumstances, Venois can demand 10% monthly overdue interest since invoice date, as it can also make out exchange difference invoice. Customer declares and accepts to pay this overdue interest and exchange difference invoice. However, by law no. 3095 on Legal Interest and Default Interest,when default interest rate which will be implemented on business affairs is higher than the interest rate which has been accepted hereby this article, parties accept, by law, that default interest, which will be used for business affairs, will be used as overdue interest rate. By condition of this contract, customer declares, accepts and promises that he/she will pay all the expenses such as interest, attorney’s fee and all the other legal expenses, arise from a possible case or execution for debt that Venois may present due to conventional obligations.
Venois makes out service invoice through my.venois.net website in 15 days. While this invoice is not a valid one, real invoice is sent to customer’s address in payment day.
Customer is warned for his/her overdue payment via e-mail three times in a day for 7 days. While there will not be any other warning for customer about fulfilling his/her deed in any other way, the service is suspended by the company at the end of 7th day. Data of suspended service are kept for 10 days and completely deleted at the end of 10th day. Also, the customer accepts beforehand, in case of a service of server keeping and detained pay in due of time, that Venois does not have opportunity and obligation to keep the devices, and, in case of failing to reach the customer through his/her contact instruments or even if reached but not getting any payment in due of time, the device will not be in Venois’ responsibility anymore after 6 months, and Venois will not be responsible for any result such as extermination or malfunction.
Customer will not be able to regard Venois as responsible for any loss or damage that he will have or cause to third parties because of suspended or deleted service due to detained payment.
If the customer wants to cancel the contract before expiration date, campaign discounts within the scope of provided service by Venois at a time.
Customer can demand refund without any excuse for purchased product or service, in 15 days since the first payment day.
Products and services, which are not provided by Venois such as SSL certificates, license fees, virtual server renting, server hosting, server renting, domain name transfer, domain name renewal and domain name registration are out of the scope of refund warranty.
In order to make refund, Venois claims the invoice of the month in which return has been demanded, from persons, and return invoice from corporate firms. Expenses related to delivery of invoice are met by the customer. Refund of payment is performed via the same way new product or service has been purchased, and there is no possibility to refund in a different way.
While makind refunds for the firms which does not make out return invoice and for the persons who have not sent the invoice, which Venois made out, back; it is returned by excluding taxes related to current tax acts of Turkey. Venois reserves the right to refusing to provide service for those abusing the refund guarantee.
Venois always reserves the right to demand a reasonable amount of service fee for additional service or product orders in terms of other tasks which are out of the scope of its regular services. These are, not limited to the ones mentioned here, services such as customer service problems, which can not be solved through e-mail and require personal service, disagreements, which require special service, or attorneyship that Venois has to get related to a specific customer.
All operations that Venois makes through www.venois.net and my.venois.net are taxed based on current Tax Acts of Turkey. All the operations arise from the amendments to the law, which are out of the scope of this contract, are out of Venois’ responsibility and are reflected on the contract. According to Tax Acts, customer will be responsible for all the liabilities based on registry system.
VAT is not included in our prices. 18 % VAT will be added into all prices.
Customer can cancel the contract by logging in my.venois.net and cancel the provided service and not doing any further notification else. Payment due date of the service should not be expired in order to do this.
Customer accepts and promises that he/she is not going to demand any refund related to cancelled service or expired contract in any case.
Venois can always uniterally cancel the contract.
In case of a cancellation or stoppage of contract by Venois, only the rest of the prepaid money will be refund to the customer. Refund process is valid only for shared web hosting services.
15. FORCE MAJEURE
Occurence of natural disasters such as war, civil war, terrorist actions, earthquake, fire and flood, limited to mentioned ones, which is an unforeseen incident, and which causes parties to delay the payments, which are related to this contract, and which occurs beyond the control and volition of parties, is going to be regarded as force majeure. When a force majeure occurs, one of the parties must immediately report this to the other party. In case of such circumstance, parties will take precautions, which are going to be determined by evaluating collaboratively. Parties will not be held responsible for not meeting the obligations completely and in time because of the force majeure. In case of an ongoing force majeure for 30 days, mentioned contract will be defunct on its own. However, accrued claims of the parties will be reserved.
16. AUTHORIZED COURT AND ENFORCEMENT OFFICES
Courts and Enforcement Offices of Istanbul are authorized in resolution of conflicts which may arise during implementation of the contract. Also the parties accept the notifications which will be sent to their addresses and email addresses that they have given within the scope of the contract, and promise that they will inform the other party in case of a change in contact information in 7 days at the latest. Otherwise, notification of advice or e-mail which will be sent to the address that is given during contract, is counted as it has reached the owner.
17. THE CLOSING
With the payment of the order, which has been made through Venois’ website, customer will be regarded that he/she has accepted all terms and conditions of this contract. Venois is obliged to make necessary software regulations about mentioned contract in website, which will not let the customer order something without reading and accepting and also confirming.
Please report noncompliant actions about the contract of service that Venois Hosting publishes, and which is accepted by the parties, and send your questions to email@example.com
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