Service and Usage Agreement
1.2: The parties declare, accept and undertake that the information written in this contract is correct.
2.1: This agreement will regulate the parts that the Customer is allowed to do or not to do in line with the information declared in the site transactions, orders, messages sent, registration process, the fees to be paid to AdraNom in return for the services to be received in accordance with their preferences in the orders and the way these services are used. These service and transaction disclosures are as follows.
2.2: Membership information is the information declared by the Customer while becoming a member. Since this information forms the basis for the transactions made, it is assumed that the Customer / Member enters this information completely and accurately, without errors.
3- Responsibilities and Customer Obligations
3.1: AdraNom will provide the services ordered at the request of the Customer. With the notification of acceptance of the order, AdraNom will accept that it has collected the relevant fee and undertake to provide the service specified in the order in question.
3.2: The payment method, VAT differences will be specified with the total amount to be deducted at the time of order, and AdraNom will inform the Customer about the monthly, quarterly, 6-monthly, annual or at the intervals determined during the order, the fees that must be paid according to the payment preferences.
3.3: After order acceptance and confirmation of transactions, AdraNom will forward all user names and passwords related to the service in the Customer's order details to the Customer and the service will begin. The responsibility of the access information of the relevant services is the responsibility of the Customer after it is communicated to the Customer, and the Customer will be responsible for any damages and losses that may arise from these issues.
3.4: The customer undertakes to comply with the statements and warnings received by AdraNom within the scope of the service or services. The Customer declares, accepts and undertakes to comply with any warning or notice issued by AdraNom while using its services. The customer may not distribute or sell the free and unlimited services he has received to third parties, either for a fee or free of charge and/or with a limited or unlimited amount. In addition to this agreement, the "General Terms of Service" are based on the use of services.
3.5: The customer undertakes not to access files or programs that do not have the right to access by using the software and programs that he has within the service, not to cause any problems due to such a problem, and to compensate for any problems and problems that may arise.
3.6: The customer accepts and undertakes that taxes, fees and similar obligations that are in force during the use of the services he receives or that will come into force during the contract belong to him and that he will meet them.
3.7: The customer accepts and undertakes that he is responsible for all files, documents and programs hosted within the customer service, all transactions that he will use and benefit from with the website and e-mail services, and that he will bear all legal and penal liability that may arise from the illegality of such data, information and statements. it does. No defect can be reported to AdraNom from the problems that may arise in this regard. AdraNom does not review hosted pages before they are posted and does not verify, endorse, or take any responsibility for the content of any user-created pages. AdraNom may terminate user accounts for violating these guidelines or for any other reason or because it believes it is harmful to AdraNom's business or any of its users. AdraNom has the right to delete the unlawful acts and actions without notifying the Customer as soon as it learns.
3.8: AdraNom cannot be held responsible in any way for the content of the Customer data contained in the service it provides, the incorrect / malicious use of these contents, as well as any material or moral damages that may arise from the e-mail data sent and received. All data backup and storage obligations belong to the Customer. AdraNom cannot be held responsible for errors, material or moral damages that may occur in cases such as interruptions or data loss that may occur in its services.
3.9: AdraNom will show the necessary care and importance to keep the Customer's backups in order, but cannot be held responsible for the data loss of the Customer due to the problems that may occur in this regard. The customer is obliged to record his own data regularly.
3.11: AdraNom may change over time in terms of features and prices in the products and services it provides. It can keep the prices of services whose costs are directly affected by the exchange rate, such as domain name (registration, renewal and transfer), server licenses (cpanel, directadmin, litespeed, cloudlinux, cwp and others), SSL certificates updated according to the exchange rate, the cost arising from the exchange rate difference during renewal periods It can be reflected on the invoice that occurs during the renewal period.
3.12: The customer is obliged to use the services he has received in a way that will not harm other users. AdraNom may request the Customer to warn and correct in the detection of such uses, or may suspend the service temporarily without informing.
3.14: AdraNom will carry out the domain name registration transactions that have been ordered by the Customer and paid for without any problems. The owner of the domain name registered and paid for with the registration request accepted with the order is the Customer. AdraNom may take action on the domain name in line with the Customer's requests in this regard. In case of an edit, change or transfer request on the domain name by the customer, AdraNom will make the relevant request as soon as possible.
3.15: Domain name registration, renewal or editing processes are done through 3rd party software or manual processes. In case of errors that may arise from such transactions, the Customer is obliged to share these notifications with AdraNom in case the user realizes the error or is warned by the company that is the main clerk. Otherwise, AdraNom is not responsible for any disruption, damage or loss that may occur.
3.16: In domain name registration services, the responsibility for changing and correcting whois information, responsibility for domain name registration password, transfer lock belongs to the Customer.
3.17: AdraNom reserves the right to change the terms and prices of domain name registration and transfer services without notice. These regulations may affect the next renewal prices of existing registered domain names. If the customer does not want to renew or wants to renew through a different company, in this case, he has the right to take action within the framework of the rules set by Icann and Trabis.
3.18: AdraNom suspends the domain names as of the expiration date for the Customers who do not perform the renewal processes in their domain name services on time. This suspension process varies according to the time specified by the manufacturer of the domain name. During this period, the customer who purchased the domain name can renew the domain name by paying the annual renewal fee and gain the right to use it by taking it back again. In cases where the domain name is not renewed within this period, the domain name will fall into the Redemption period. In this process, the old customer who wants to buy the domain name again can get it back by paying the penalty fee, which is 80 USD + 18% VAT on average, although the value varies according to the domain name extension. In domain names that are not purchased after the redemption period, the process now passes to the initiative of the main secretary company; After this process, it is not possible to retrieve the domain name from AdraNom.
3.19: Domain name services are not a product sold, but a form of service for which the right to use is received during the period for which the fee is paid. For this reason, if the fee is not paid within the expiration period of the domain name, this right may be transferred to another person.
3.20: In cases where sending mass e-mail (spamming), phishing fraud, attacking internal or external networks, and similar illegal or adversely affecting AdraNom's database over the server reserved for the Customer, the Customer may not be required to provide the services by AdraNom without the need for a separate warning. He/she accepts, declares and undertakes that he/she will be deactivated and the fees paid until that date will not be returned to him in any way and that he may be subject to a penalty payment equal to the minimum contract price. The customer, within this responsibility, T.C. must comply with the laws of the BTK (Information Technologies and Communications Authority) and the rules that AdraNom has set and will set.
3.21: The user is responsible for the security of any user information, passwords and security questions used in password reset provided to him by AdraNom. AdraNom cannot be held responsible for any damages that may arise if the security questions used in this user information, password and password reset fall into the hands of 3rd parties. If the user forgets the password information, he / she can reset his/her password by following the instructions in the notification sent to the registered e-mail address and/or registered GSM number with the password reset method. AdraNom cannot be held responsible for any problems that may arise as a result of the change of hands of the e-mail address or GSM number registered in the user's name.
3.22: This Site and Services may only be used by individuals or organizations (“Users”) that can enter into legally binding contracts under applicable law. By using this Site or Services, you acknowledge and agree that you are at least eighteen (18) years old, are able to enter into legally binding contracts in accordance with applicable laws, and are not a prohibited person from purchasing or purchasing the Services offered.
4.1: The specified rights and obligations of the parties begin with the transmission of the order and payment transactions of this contract to AdraNom over the internet.
4.2: The contract period is the payment period chosen by the Customer during the order for the relevant service.
4.3: If the parties do not warn that the contract will expire at the end of the period until 10 business days before the expiration of the contract, the contract is extended by the same terms and conditions as the previous contract period. (The right to change the fee is reserved.)
5.1: The fee to be paid for the services specified in this contract is the amount specified during the ordering process. The stated prices do not include VAT.
5.2: AdraNom reserves the right to make future changes on prices and tariffs without prior notice. The customer accepts, declares and undertakes the changes that may occur in advance regarding these changes. The reasons for the change may be inflation, exchange rate and/or legal changes.
5.3: In case of delay in payment, AdraNom does not charge interest, but reserves the right to apply.
5.4: AdraNom reserves the right to close or open the relevant service until the Customer completes the payment process.
5.5: As stated during the order, no refunds are made for domain name registration.
6.1: In case of problems with payment, AdraNom reserves the right to stop all services provided to the Customer.
6.2: Sending mass e-mails over servers is strictly prohibited. As soon as advertising mail sending, called SPAM, is detected, the process is stopped and the service is temporarily suspended.
6.3: The security of all software on the server belongs to our customers. AdraNom is in no way responsible for any issues that may arise from read and write permissions and similar permissions or related to the Customer's software.
Customer; AdraNom has the right to terminate the contract unilaterally without any warning or notice, if it is determined that it does not fulfill its responsibilities and commitments by acting in violation of any article of this contract, that the information declared while registering is not correct, or that the suspension of the above-mentioned contract continues for more than 7 days. has.
After such termination, the Customer; It accepts, declares and undertakes that it cannot claim back the last contract fee paid regardless of the remaining time, and to pay commercial penal indemnity 5 times the precedent contract price in effect on the date of termination.
The Customer has the right to terminate this agreement at the end of its term, without giving any reason, by giving a written notice 10 days before the contract ends for the normal period, or by sending a service cancellation request from the Customer control panel.
In the event that the contract is terminated by the Customer before the expiry date, it declares, accepts and undertakes to pay 1/2 of the fees to be paid until the end of the contract, in full and in advance.
8- Contact and Information Addresses
8.1: The parties have accepted, declared and committed to the postal addresses specified in the order address as legal residence for all kinds of notifications arising from the contract. The old addresses will be valid unless changes in these addresses are notified to us in writing.
8.2: AdraNom may send messages, information, texts, warnings, payment notifications, account movement schedules, account statements to the e-mail address declared by the Customer while registering within the contract period. The Customer cannot claim that the electronic messages in question were not received or not reached, and declares, accepts and undertakes that the said messages will be deemed to have been legally notified 1 day after they are sent.
9- Default in Payment of Fee
9.1: If the customer does not pay for the services received within 7 days following the application date, it is deemed to be in default. In this case, AdraNom does not charge interest, but may request a monthly 15% default interest from the invoice date if it wishes. The customer declares, accepts and undertakes to pay this delay interest.
9.2: The customer is obliged to pay monthly 15% default interest, 50% penal clause of the remaining debt amount, 10% attorney's fee and all other legal expenses in case AdraNom files a lawsuit or enforcement proceeding for any receivables arising from this contract. declares, accepts and undertakes.
9.3: If the customer applies to the legal authorities for Precautionary Seizure and Precautionary Measures for the collection of his receivables arising from this contract, AdraNom is authorized to take an unsecured Precautionary Attachment and Injunctive Injunction; declares, accepts and undertakes that it will be paid by them and that they will not object to these issues.
9.4: If the customer does not make the payment within 5 (five) days despite the warnings, AdraNom reserves the right to suspend the service. AdraNom cannot be held responsible for unpaid, canceled or deleted services.
9.5: In addition, in physical and virtual server rental services; If the service renewal fees are not paid and/or the collections cannot be made within 2 (two) calendar days following the service end date, the relevant services are paused. In the event that the service renewal fees are not paid and/or the collections cannot be made within 10 (ten) days following the service end date, all data related to the relevant service will be deleted for security reasons, and the service will be closed and canceled automatically. AdraNom cannot be held responsible for data loss in canceled services.
10- Validity of the Agreement and Termination of Nonconformity
10.1: The changes that will take place in time in this agreement, which is approved by the Customer during the online application, will be published on the website and/or notified to the Customer via e-mail. By continuing to use AdraNom's services, the customer will be deemed to have accepted the changed contract terms.
10.2: The Customer may terminate the contracted service at any time by notifying in writing until the renewal date specified on the site, or by sending a cancellation request via the Customer's control panel.
10.3: The contract may be terminated unilaterally by AdraNom without the need for notice due to the following reasons.
- Without the written agreement of AdraNom, the Customer completely or partially transfers the services it receives or the rights granted to it by this agreement.
- Bankruptcy decision against the customer or suspension of payments.
- Customer's default in paying for the services provided by AdraNom, as stipulated in clause 9.1.
- In the event that the Customer violates the terms set forth in this agreement or the “General Terms of Service” agreement, AdraNom; It may terminate the services provided to the Customer and/or terminate the contract without prior notice. In this case, the Customer's pre-paid fees will not be refunded.
11- Settlement of Disputes and Competent Court
11.1: This contract, however, consists of 11 main articles and sub-titles, and has been read, understood and signed by the parties. (Signature is deemed to have been realized by sending the order from the site to AdraNom). AdraNom may add, remove, or make changes to new articles and/or sub-titles, if deemed necessary. AdraNom notifies its customers of these changes by e-mail and the Customer declares, accepts and undertakes that it has accepted these changes in advance.
11.2: Istanbul Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this contract.