ARTICLE 1 - THE PARTIES;
1.1 Pınar Mah. Nuvola Dijita Media Agency (1244. Sokak no: 4 d: 14 Esenyurt / İstanbul) (hereinafter referred to as SERVICE PROVIDER)
1.2 Person or institution receiving service from SERVICE PROVIDER (Hereinafter referred to as CUSTOMER)
ARTICLE 2 - DEFINITIONS;
Nuvola Media: A website owned by SERVICE PROVIDER and broadcasting on the domain www.nuvolamedya.com,
SLA: Technical support conditions, which are determined by the SERVICE PROVIDER with a Service Level of Agreement and published in Nuvola Media,
Hacking: Unauthorized access to information of a second person or institution without any permission,
Spam: Sending a high number of copies of the same message on the Internet to people who have not requested to receive such a message,
DDOS Attack: Actions to damage the services of the server called Denial Of Service,
Phishing: Obtaining private data by sending messages regarding the request of user account information or other private information in various ways, by making a copy of the web page of the institutions or organizations that this information should be sent to,
Trojan: It refers to software consisting of two parts and written for remote control of computers.
ARTICLE 3 - SUBJECT OF THE AGREEMENT;
SERVICE providers of the services it provides these services to clients and customers of the parties related to providing customers in Turkey and in other countries is the regulation of mutual rights and obligations.
ARTICLE 4 - RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER;
4.1 SERVICE PROVIDER will prepare the necessary infrastructure for the CUSTOMER to utilize the services to be purchased on behalf of him or his customers via the SERVICE PROVIDER infrastructure.
4.2 SERVICE PROVIDER has agreed to provide the CUSTOMER commitments that are the subject of this contract. SERVICE PROVIDER has the authority to make a subcontracting agreement with a third party or organizations (“Subcontractor”) for any of its obligations and to have the service partially or completely displayed to others.
4.3 The SERVICE PROVIDER will provide a secure (encrypted) connection to enable the CUSTOMER to operate securely on Nuvola Media, but the security of the user account information of the CUSTOMER is completely the responsibility of the CUSTOMER and the SERVICE PROVIDER is not responsible for any unauthorized access. CUSTOMER's own user account, all kinds of responsibility for all transactions made in Nuvola Media belongs completely and exclusively to CUSTOMER.
4.4 SERVICE PROVIDER provides technical support to CUSTOMER within the scope of SLA services purchased by the CUSTOMER from the SERVICE PROVIDER between 09:00 - 18:00 (GMT) every day of the week, except for public holidays. It will give. However, the SERVICE PROVIDER does not have to give technical support to the customers of the CUSTOMER.
4.5 SERVICE PROVIDER shall not be responsible for failing to fulfill its commitments, which are the subject of this contract, due to technical failures that may occur in the Telecommunication infrastructure or similar technical problems that may arise outside the control of the SERVICE PROVIDER. However, since the technical failures due to third parties, which cause the service to be disrupted or not performed on time, the services and commitments that cannot be done in a timely manner will be fulfilled by the SERVICE PROVIDER ASAP.
4.6 SERVICE PROVIDER reserves the right to change prices for all the services it provides.
ARTICLE 5 - CUSTOMER'S RIGHTS AND OBLIGATIONS;
5.1 CUSTOMER will fill in the information provided in the Nuvola Media system completely and correctly, and if there is any change in this information, it will update the information changes immediately from the Nuvola Media system without any delay, CUSTOMER will provide any missing or incorrect information, or any changes occurring in this information. It agrees and undertakes that it will be responsible for any damages that may arise due to the failure to notify the SERVICE PROVIDER and that this will be the reason for termination of this contract for the SERVICE PROVIDER.
5.2 CUSTOMER is entirely CUSTOMER responsible for the security of all transactions, information, files, documents, and programs related to the services he / she has purchased, and all transactions that will be used and utilized by the website and e-mail services.
5.3 CUSTOMER guarantees that all information that he / she will send to the SERVICE PROVIDER by phone, fax, letter, e-mail and similar means will be complete and accurate. Otherwise, it accepts and undertakes that it will be responsible for the damages that may arise due to incomplete or incorrect information.
5.4 CUSTOMER undertakes that he will in no way act as a proxy, agent or commercial representative of the SERVICE PROVIDER and will avoid any behavior that will cause this impression.
5.5 CUSTOMER acknowledges that the SERVICE PROVIDER has no responsibility and all responsibility for the services he / she purchases in the event that the services he / she bought on behalf of or on behalf of his customers cause any legal dispute or cause legal responsibility. It accepts and undertakes that its services will cover all the damages that will arise in the event that it renders the rights of the third parties in any way and if the third parties who have the right to do so make a request from the CUSTOMER or initiate a legal process.
5.6 CUSTOMER may not make advertisements regarding the products and services or corporate identity of the SERVICE PROVIDER without written permission from the SERVICE PROVIDER. CUSTOMER may not use or make use of the brands, logos, or emblems related to the SERVICE PROVIDER or SERVICE PROVIDER's products or services in any way or in any environment, without written permission.
5.7 CUSTOMER, the services it receives from the SERVICE PROVIDER is determined as an auxiliary element for unauthorized and illegal access (Hacking, Spam, DDOS Attack, Phishing etc.) behavior (Trojan, Phishing) etc. can not use for activities such as.
5.8 CUSTOMER is responsible for the security of the backups or data of his services. Services (operating system or hardware failure) received by the CUSTOMER for any reason, etc. When it becomes inoperable due to questions, the SERVICE PROVIDER is not obliged to keep the data of the CUSTOMER or to receive it regularly. CUSTOMER cannot claim any right or compensation from the SERVICE PROVIDER due to the damages that may arise from this situation.
ARTICLE 6 - CHARGE PAYMENT AND REFUND;
6.1 The price of the service received by the CUSTOMER is as stated in the package features purchased from the Nuvola Media site on the date of purchase. CUSTOMER agrees that the records in the Nuvola Media database of the SERVICE PROVIDER will be taken as basis for payment and invoice transactions for the next periods.
6.2 Following the establishment of the necessary and technical infrastructure for the Service, if the delivery of the Service is delayed due to a deficiency on the CUSTOMER side, normal service usage fees will be accrued for this period. It is the CUSTOMER's obligation to resolve all problems such as software, hardware, and infrastructure that will occur on its own side of the CUSTOMER that does not originate from the SERVICE PROVIDER. Therefore, the SERVICE PROVIDER will have no responsibility.
6.3 SERVICE PROVIDER shall notify CUSTOMER that he has to pay every month, 5 days before the end of his service, by email, sms or telephone. If the service fee is not paid by the deadline, the SERVICE PROVIDER may stop the service partially or completely.
6.4 For any reason, if the SERVICE PROVIDER cannot deliver the required invoice to the CUSTOMER, or the CUSTOMER cannot see or read this invoice in any of the ways specified to him, the responsibility does not belong to the SERVICE PROVIDER. CUSTOMER accepts and undertakes that he is obliged to follow the invoice days. In such cases, the CUSTOMER cannot claim any rights or compensation from the SERVICE PROVIDER on the grounds that he has not been notified.
6.5 SERVICE PROVIDER may delete the unpaid services and backup files of the services or the data of the services partially or completely, even after 5 days after the invoice deadline.
6.6 When the service is stopped by the SERVICE PROVIDER regarding the payment of the service fee, Web visits, Ftp, Email etc. The SERVICE PROVIDER is not responsible for any data loss during the period when the service is stopped because it will be stopped in the services. CUSTOMER cannot claim any right or compensation from the SERVICE PROVIDER in this regard.
6.7 SERVICE PROVIDER can renew the services it has undertaken in this contract with a maximum 25% increase, except for the price hike applications that it does not provide within its own body, such as when the contract expires (Telecom, Electricity etc.).
6.8 If all our services you purchase from our site (except services such as domain name, vds, virtual servers, dedicated servers, licenses, whmcs, cpanel, plexy) are technical problems arising from our company within 7 days and no solution can be provided by our company, there is a 100% refund guarantee. . In the services we distribute (Domain Name, SSL etc.), our company pays to the institution it is a dealer, and there is no refund. Control Panel, Operating System, Supported modules on the server, etc. at the time of your purchase. factors such as not consulting the information and then dissatisfied with it are not included in the refund terms.
6.9 For the cancellation of the services you purchase from our site, you need to log in to the system with your username and password and select the cancel package option or you want to cancel by sending a ticket.
you must inform the customer representative of the package. There will be no invoice for your account in your next billing period.
ARTICLE 7 - TERM OF CONTRACT;
7.1 After this contract is transmitted to the SERVICE PROVIDER via the internet environment of the CUSTOMER's order and payment transactions, the specified rights and obligations of the parties begin.
7.2 The contract period is the payment period that the customer has chosen during the order for the relevant service.
7.3 If one of the parties has not made a notice of termination to the other party at least 30 (thirty) days before the end of the contract, the contract will be extended with the same terms and conditions as the previous contract period. (Changes in the fee line are reserved.)
ARTICLE 8 - TERMINATION OF THE AGREEMENT and STOPPING OF THE SERVICE;
8.1 SERVICE PROVIDER, if the CUSTOMER violates any of the terms of this contract, if the CUSTOMER declares bankruptcy or concordat or is unable to pay its debts or if there are no similar justified reasons, the SERVICE PROVIDER is unilaterally and without compensation. business may terminate this agreement immediately. If the contract is terminated by the SERVICE PROVIDER, the Nuvola Media user account of the CUSTOMER can be frozen without any notification or the service provided within the scope of this contract can be stopped by partially or completely closed.
8.2 CUSTOMER's or CUSTOMER's customers use the services provided by the SERVICE PROVIDER for illegal services (Spam, Trojan, DDOS Attack, Phishing, etc.), using unlicensed software, T.C. In the event that it uses illegal software or misuses the SERVICE PROVIDER to disturb other customers or other dealers, the CUSTOMER may freeze the service it provides partially or completely, and the business may terminate this contract completely or partially. .
8.3 In the event that a provision of this contract becomes invalid for any reason, such a situation will not affect the validity of any remaining provision, provided that there are no legal obstacles, and the remaining provisions remain valid and in effect as if the Agreement was signed without an invalid provision.
8.4 In the content published by the CUSTOMER (Pornographic, Separatism etc.) T.C. In case of detecting texts against the law, SERVICE PROVIDER has the right to suspend the service of the CUSTOMER. In cases where the SERVICE PROVIDER does not require immediate intervention, this situation is presented to the information of the CUSTOMER and the software, program, website, etc. hosted. will ask you to update or stop applications.
8.5 SERVICE PROVIDER Telecommunications Authority etc. may terminate or renew the contract unilaterally in line with the new obligations stipulated by the institutions it provides services to.
8.6 CUSTOMER's software, program, website, etc. hosted in the service. In the shared services purchased from the SERVICE PROVIDER due to the applications, the SERVICE PROVIDER has the right to suspend the service of the CUSTOMER in the event that it uses the system resource to prevent the services of other customers using these services. In cases where the SERVICE PROVIDER does not require immediate intervention, this situation is presented to the information of the CUSTOMER and the software, program, website, etc. hosted. will ask you to update or stop applications.
ARTICLE 9 - SECRET STORAGE AND PRIVACY PROVISIONS;
9.1 CUSTOMER, with the information given / transmitted to him due to the commercial relationship he has established with the SERVICE PROVIDER within the scope of this contract, all the information he has learned about the SERVICE PROVIDER, both in writing and electronically, without being limited to these, and the work in this contract. Acceptance and commitment in advance that you will accept the financial provisions as confidential information and trade secrets, do not disclose this information for any reason and share it with third parties, if the work goes against this item, it will pay a penalty of 10,000 TL and that the SERVICE PROVIDER will cover all damages due to this reason. would.
9.2 SERVICE PROVIDER shall protect the commercial and technological secrets of the CUSTOMER learned under this contract as confidential information and protect it in the best way and will not disclose and share it with third parties unless it is mandatory to explain it in accordance with the legislation or a court order or administrative order issued. undertakes.
9.3 The Parties shall use confidential information only for the purpose and limited use for this purpose, and will not present or disclose confidential information to any real or legal third parties for any reason whatsoever without the written permission of the concerned party. The parties can only give confidential information to their personnel who need to learn this confidential information in case of necessity and by business and to third parties who are cooperating under this contract.
they will warn their staff and third parties that this information is confidential and will take all necessary measures to protect the confidential information.
9.4 SERVICE PROVIDER shall provide information, files, etc. that CUSTOMER contains within the scope of the services. can share the documents with third parties or institutions where it is mandatory to explain them in accordance with the legislation in force or a court order or administrative order. Due to this situation, CUSTOMER cannot request any right or compensation from the SERVICE PROVIDER.
9.5 SERVICE PROVIDER may review the services provided to the CUSTOMER without making a written notification to the CUSTOMER, in accordance with the legislation in force or a court decision or administrative order, and share the information obtained as a result with third parties or institutions. Due to this situation, CUSTOMER cannot request any rights or compensation from the SERVICE PROVIDER.
ARTICLE 11 - EVIDENCE and AUTHORITY AGREEMENT;
11.1 The parties acknowledge that in case of disputes that may arise from this contract, commercial books and records duly kept by the parties and records in the computer environment will be valid, binding, absolute and exclusive evidence.
11.2 Gaziantep Courts and Enforcement Offices are authorized to resolve disputes arising from this contract.
Should there be a reason why more than 5,000 individual and corporate customers get service from us?