Terms of Service

This English text is a courtesy translation of the Turkish Service Agreement. If the two versions differ, the Turkish version prevails.

ARTICLE 1 - PARTIES

1.1 FiBERNET TEKNOLOJİ LTD, resident at Alirıza Efendi Caddesi No.8, 1st Floor, Office No 11, Euro Center, Ortaköy, Nicosia (hereinafter referred to as the SERVICE PROVIDER).

1.2 The person or organisation receiving services from the SERVICE PROVIDER (hereinafter referred to as the CUSTOMER).

ARTICLE 2 - DEFINITIONS

Fiberserver: the website owned by the SERVICE PROVIDER and published at the domain name www.fiberserver.net.tr.

SLA: Service Level Agreement; the technical support conditions covered by the support levels determined by the SERVICE PROVIDER and published on Fiberserver.

Hacking: unauthorised access to the information of another person or organisation without any permission.

Spam: the forced sending of a large number of copies of the same message over the internet to people who have not asked to receive such a message.

DDoS Attack: actions, known as Denial of Service, aimed at harming the services of a server.

Phishing: obtaining private data by sending messages asking for user account details or other private information and by copying the web page of the institution or organisation to which that information should be sent.

Trojan: software consisting of two parts and written for the purpose of controlling computers remotely.

ARTICLE 3 - SUBJECT OF THE AGREEMENT

This agreement regulates the mutual rights and obligations of the parties concerning the services the SERVICE PROVIDER supplies to the CUSTOMER and the CUSTOMER's offering of these services to its own customers in Türkiye and in other countries.

ARTICLE 4 - RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

4.1 The SERVICE PROVIDER shall prepare the infrastructure required for the CUSTOMER to benefit from the services it will purchase, for itself or on behalf of its customers, through the SERVICE PROVIDER's infrastructure.

4.2 The SERVICE PROVIDER has agreed to provide the CUSTOMER with the commitments that form the subject of this agreement. The SERVICE PROVIDER is entitled to enter into a subcontracting agreement with a third person or organisation ("Subcontractor") for any of its obligations and to have the service performed partly or wholly by others.

4.3 The SERVICE PROVIDER will offer a secure (encrypted) connection so that the CUSTOMER can carry out transactions on Fiberserver safely; however, the security of the CUSTOMER's user account details is entirely the CUSTOMER's responsibility, and the SERVICE PROVIDER has no responsibility for unauthorised logins. All responsibility for transactions the CUSTOMER carries out on Fiberserver with its own user account belongs entirely and solely to the CUSTOMER.

4.4 Except on public holidays, the SERVICE PROVIDER will provide technical support to the CUSTOMER by ticket and email, every weekday between 09:00 and 18:00 (GMT), within the scope of the SLA services the CUSTOMER has purchased from the SERVICE PROVIDER. However, the SERVICE PROVIDER is under no obligation to provide technical support to the CUSTOMER's customers.

4.5 The SERVICE PROVIDER shall not be responsible for failing to perform on time the commitments that form the subject of this agreement because of technical failures that may occur in the telecommunications infrastructure or similar technical problems arising outside the SERVICE PROVIDER's control. However, once technical failures caused by third parties that disrupted or delayed the service have ended, the services and commitments that were missed or could not be performed on time will be fulfilled by the SERVICE PROVIDER as soon as possible.

4.6 The SERVICE PROVIDER reserves the right to change the prices of all the services it provides.

ARTICLE 5 - RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1 The CUSTOMER declares and undertakes that it will fill in the information it provides when registering with the Fiberserver system completely and correctly, that it will update any changes to this information in the Fiberserver system immediately and without delay, that it will be responsible for any damage arising from providing incomplete or incorrect information or from failing to notify the SERVICE PROVIDER of changes in this information in time, and that this will be a ground for the SERVICE PROVIDER to terminate this agreement.

5.2 The security of all information, files, documents and programs relating to the services purchased by the CUSTOMER, and of all operations carried out with its website and email services, is entirely the CUSTOMER's responsibility, and the SERVICE PROVIDER has no responsibility in this regard.

5.3 The CUSTOMER guarantees that all information, concerning itself or its customers, that it conveys to the SERVICE PROVIDER by telephone, fax, letter, email or similar means will be complete and correct. Otherwise, it declares and undertakes that it will itself be responsible for damages that may arise from incomplete or incorrect information.

5.4 The CUSTOMER undertakes not to act in any way as an agent, representative or commercial representative of the SERVICE PROVIDER and to avoid behaviour that would create this impression.

5.5 If the services the CUSTOMER purchases, on its own behalf or on behalf of its customers, give rise to any legal dispute or legal liability, the CUSTOMER accepts that the SERVICE PROVIDER has no responsibility and that all responsibility for the services it has purchased belongs solely to itself. If the services the CUSTOMER sells infringe the rights of third parties in any way, and the third parties whose rights are infringed make any claim against the CUSTOMER or start legal proceedings, the CUSTOMER declares and undertakes that it will itself cover all resulting damages.

5.6 The CUSTOMER may not advertise the SERVICE PROVIDER's products and services or corporate identity without written permission from the SERVICE PROVIDER. Without written permission, the CUSTOMER may not use, or allow others to use, in whole or in part, directly or indirectly, in any way and in any medium, the trademarks, logos or emblems of the SERVICE PROVIDER or of the SERVICE PROVIDER's products or services.

5.7 The CUSTOMER may not use the services it receives from the SERVICE PROVIDER for behaviour such as unauthorised and unlawful access to computers, user accounts or other networks belonging to third parties (Hacking, Spam, DDoS Attacks, Phishing, etc.), or for activities defined as aids to such behaviour (Trojans, Phishing, etc.).

5.8 The CUSTOMER is responsible for the security of the backups and data of its own services. If, for any reason, the services the CUSTOMER has received become unusable (operating system or hardware failure, etc.), the SERVICE PROVIDER is not obliged to store or regularly take the CUSTOMER's data. The CUSTOMER cannot claim any right or compensation from the SERVICE PROVIDER for damages that may arise from this.

ARTICLE 6 - PRICING, PAYMENT AND REFUNDS

6.1 The price of the service the CUSTOMER receives is as stated in the features of the package purchased on the Fiberserver website at the date of purchase. For payment and invoicing in later periods, the CUSTOMER accepts that the records in the SERVICE PROVIDER's Fiberserver database will be taken as the basis.

6.2 If, after the necessary technical infrastructure has been set up, the delivery of the service is delayed because of a shortcoming on the CUSTOMER's side, normal service usage fees will accrue for that period. It is the CUSTOMER's obligation to resolve all problems on its own side, such as software, hardware and infrastructure, that do not originate from the SERVICE PROVIDER. The SERVICE PROVIDER shall have no responsibility for this.

6.3 Each month, 5 days before the CUSTOMER's service ends, the SERVICE PROVIDER will notify the CUSTOMER by email, SMS or telephone that there is an invoice to be paid. If the service fee is not paid by the due date, the SERVICE PROVIDER may suspend the service in part or in full.

6.4 If, for any reason, the SERVICE PROVIDER cannot deliver the necessary invoice to the CUSTOMER, or the CUSTOMER cannot see or read this invoice through any of the channels indicated to it, the responsibility does not belong to the SERVICE PROVIDER. The CUSTOMER declares and undertakes that it is obliged to follow its invoice dates. In such cases the CUSTOMER cannot claim any right or compensation from the SERVICE PROVIDER on the grounds that it was not notified.

6.5 If 5 days have passed after the invoice due date and the invoice is still unpaid, the SERVICE PROVIDER may delete the services, their backup files or the data belonging to the services, in part or in full.

6.6 When the service is stopped by the SERVICE PROVIDER for non-payment of the service fee, web visits, FTP, email and similar services will have stopped; the SERVICE PROVIDER is therefore not responsible for data loss during the period the service was stopped. The CUSTOMER cannot claim any right or compensation from the SERVICE PROVIDER in this respect.

6.7 When the contract period ends, the SERVICE PROVIDER may renew the services it has committed to in this agreement with an increase of at most 25%, excluding price increases applied to services it does not provide itself (telecom, electricity, etc.).

6.8 For all services you purchase from our site (excluding services such as domain names, VDS, virtual servers, dedicated servers, licences, WHMCS, cPanel and Plesk), a 100% money-back guarantee applies within 7 days if there are technical problems caused by our company and our company cannot resolve them. For services we distribute (domain names, SSL, etc.), no refund is possible because our company pays the institution it is a reseller of. Matters such as not asking about the control panel, operating system or modules supported on the server when purchasing the product, and being dissatisfied with them afterwards, are not included in the refund conditions.

6.9 To cancel the services you purchase from our site, you must sign in to the system with your username and password and select the cancel package option, or notify your account manager of the package you want to cancel by sending a ticket. No invoice will be created for your account in the next billing period.

ARTICLE 7 - TERM OF THE AGREEMENT

7.1 The rights and obligations of the parties stated in this agreement begin when the CUSTOMER's order and payment transactions are transmitted to the SERVICE PROVIDER over the internet.

7.2 The term of the agreement is the payment period the customer selected for the relevant service at the time of ordering.

7.3 If neither party gives the other notice of termination at least 30 (thirty) days before the end of the term, the agreement is extended on the same terms and conditions for a period equal to the previous term (changes concerning fees are reserved).

ARTICLE 8 - TERMINATION OF THE AGREEMENT AND SUSPENSION OF THE SERVICE

8.1 If the CUSTOMER breaches any provision of this agreement, if the CUSTOMER declares bankruptcy or a composition with creditors or becomes unable to pay its debts, or in the presence of similar justified reasons, the SERVICE PROVIDER may terminate this agreement immediately, unilaterally and without compensation, without being bound by any period or form. If the agreement is terminated by the SERVICE PROVIDER, the CUSTOMER's Fiberserver user account may be frozen without any notice, or the service provided under this agreement may be stopped by closing the account in part or in full.

8.2 If the CUSTOMER or the CUSTOMER's customers use the services provided by the SERVICE PROVIDER for unlawful purposes (Spam, Trojans, DDoS Attacks, Phishing, etc.), use unlicensed software or software contrary to the law, abuse the services in a way that disturbs the SERVICE PROVIDER's other customers or other resellers, or use the services the CUSTOMER sells as a tool for committing unlawful offences, the SERVICE PROVIDER may suspend the service in part or in full and may terminate this agreement completely.

8.3 If any provision of this agreement becomes invalid for any reason, provided there is no legal obstacle, this shall not affect the validity of any other provision, and the remaining provisions shall remain valid and in force as if the agreement had been signed without the invalid provision.

8.4 If texts contrary to the law (pornographic, separatist, etc.) are found in the content published by the CUSTOMER, the SERVICE PROVIDER has the right to stop the CUSTOMER's service. Where no immediate intervention is needed, the SERVICE PROVIDER will bring this to the CUSTOMER's attention and ask it to update or stop the software, programs, websites and other applications it hosts.

8.5 In line with new obligations imposed on it by institutions it receives services from, such as the Telecommunications Authority, the SERVICE PROVIDER may terminate or renew the agreement unilaterally.

8.6 If, because of software, programs, websites or other applications the CUSTOMER hosts within the service, the CUSTOMER uses system resources on shared services purchased from the SERVICE PROVIDER in a way that prevents the services of other customers using these services, the SERVICE PROVIDER has the right to stop the CUSTOMER's service. Where no immediate intervention is needed, the SERVICE PROVIDER will bring this to the CUSTOMER's attention and ask it to update or stop the software, programs, websites and other applications it hosts.

ARTICLE 9 - CONFIDENTIALITY PROVISIONS

9.1 The CUSTOMER declares and undertakes in advance that it will treat as confidential information and trade secrets all information it learns about the SERVICE PROVIDER, in written or electronic form, through the commercial relationship established under this agreement, including but not limited to product and service prices and customer information, and the financial provisions of this agreement; that it will not disclose this information for any reason or share it with third parties; and that if it acts contrary to this article it will pay a contractual penalty of 10,000 TL and compensate all damages the SERVICE PROVIDER suffers as a result.

9.2 The SERVICE PROVIDER undertakes to protect in the best possible way, as confidential information, the CUSTOMER's commercial and technological secrets it learns under this agreement, and not to disclose them or share them with third parties unless disclosure is required by applicable legislation, a court decision or an administrative order.

9.3 The parties will use confidential information only for the purpose for which it was given and only to that extent, and will not, without the written permission of the party concerned, make confidential information known to natural or legal third persons, in part or in whole, or disclose it in any way. The parties may give confidential information only where necessary, and only to personnel who need to learn it for their work and to third parties cooperating under this agreement, but they will warn their personnel and third parties that the information is confidential and take every measure necessary to protect it.

9.4 The SERVICE PROVIDER may share the information, files and other documents the CUSTOMER hosts within the scope of its services with third persons or institutions where disclosure is required by applicable legislation, a court decision or an administrative order. The CUSTOMER cannot claim any right or compensation from the SERVICE PROVIDER because of this.

9.5 Where disclosure is required by applicable legislation, a court decision or an administrative order, the SERVICE PROVIDER may place the services it provides to the CUSTOMER under examination without giving the CUSTOMER written notice, and may share the information it obtains as a result with third persons or institutions. The CUSTOMER cannot claim any right or compensation from the SERVICE PROVIDER because of this.

ARTICLE 11 - EVIDENCE AND JURISDICTION AGREEMENT

11.1 In disputes that may arise from this agreement, the parties accept that their commercial books and records, kept in due form, and their computer records shall be valid, binding, conclusive and exclusive evidence.

11.2 The Courts and Enforcement Offices of the Turkish Republic of Northern Cyprus are authorised to resolve disputes arising from this agreement.