Service Agreement
1- Parties
1.1: Fikrinevi Reklam Ajansi A.Ş., which provides the services specified in the services section of this contract (referred to as Services). of the website operating at https://www.fikrinevi.com, which belongs to Fikrinevi, between the company (hereinafter referred to as “Fikrinevi”) and the person/institution specified with the details specified in the new customer registration section (referred to as “customer”). (Referred to as “site”) use and services to be purchased through this site will be deemed to be signed with the following terms and conditions and general terms of service.
1.2: The parties declare, accept and undertake the accuracy of the information written in this agreement.
2- Subject
2.1: This agreement will regulate the parts that the customer is allowed to do or not to do in line with the information he declared in the registration process in his transactions on the site, in his orders, in the messages he sent, the fees he will pay to Fikrinevi for the services he will receive in accordance with his preferences in his 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 when signing up. Since this information will be used as the basis for the transactions made, it is assumed that the customer / member has entered this information completely and accurately, without any errors.
3- Responsibilities and Customer Obligations
3.1: Fikrinevi will provide the services ordered by the customer upon request. With the order acceptance message, Fikrinevi will accept that it has collected the relevant fee and undertake to provide the service specified in the order in question.
3.2: Fikrinevi will notify you of the fees to be paid by the customer according to their monthly, 3-monthly, 6-monthly, annual or 2-year payment preferences, stating the payment method and the total amount to be deducted from VAT during the order.
3.3: After order acceptance and approval of transactions, Fikrinevi will forward all usernames and passwords related to the service in the customer order details to the customer and the service will be started. Once the access information for the relevant services is delivered to the customer, it is the customer’s responsibility and the customer will be responsible for any damage or loss that may arise from these issues.
3.4: The customer undertakes to comply with the statements and warnings received by Fikrinevi within the scope of the service or services received. The customer declares, accepts and undertakes to comply with any warning or notice issued by Fikrinevi while using its services. The customer cannot distribute or sell the free or unlimited services he has received to third parties, either paid or free of charge and/or with or without limits. In addition to this agreement, “general terms of service” and “backup agreement” govern the use of the service.
3.5: The customer undertakes not to access files or programs that do not have access rights by using the software and programs it owns within the service, not to create any problems due to such a problem, and to cover the damages in case of problems and problems that may arise.
3.6: The customer accepts and undertakes that he/she will be responsible for any taxes, duties and similar obligations that are in force during the use of the services he receives or that will come into force during the contract.
3.7: The customer accepts and undertakes to bear all legal and criminal liability that may arise from the illegality of such data, information and statements, and that he is responsible for all files, documents and programs he contains within the scope of his service, and all transactions he will use and benefit from through the website and e-mail services. No fault can be reported to Fikrinevi regarding the problems that may arise in this regard. Fikrinevi does not review pages before they are posted, nor does it verify, endorse or take any responsibility for user-created pages. Fikrinevi may terminate user accounts for violating these guidelines or for any other reason or because Fikrinevi believes that it is harmful to its own business or the business of any of its users. Intellectual has the right to delete unlawful acts and actions without informing the customer as soon as he/she learns about them.
3.8: Fikrinevi 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, or any material or moral damages that may arise from the e-mail data sent and received. Backup and storage obligations for all data belong to the customer. Fikrinevi cannot be held responsible for any errors, material or moral damages that may occur in cases such as interruptions in its services or data loss.
3.9: Fikrinevi will show the necessary care and importance to keep the customer’s backups in order, but cannot be held responsible for any data loss the customer may suffer due to problems that may occur in this regard. The customer is responsible for recording his/her own data regularly.
3.10: Fikrinevi states the specific terms of use for the products and services it provides on the web page prepared specifically for the product and service. When the customer purchases any of these services, he is deemed to have accepted the terms of that service.
3.11: Fikrinevi may change the features and prices of the products and services it provides over time.
3.12: The customer is obliged to use the services received in a way that does not harm other users. In detecting such uses, Fikirevi may warn the customer and ask for correction or temporarily suspend the service without informing.
3.13: The customer continues his service by accepting that all resources specified as unlimited in the services he uses are unlimited if he uses them in good faith and in accordance with the general terms of use. In case of excessive use of server resources or misuse of resources, Fikrinevi may warn the customer and request correction or temporarily suspend the service without informing. Uses other than this purpose are stated in the “general terms of service”.
3.14: Fikrinevi will carry out the registration process for the domain name ordered by the customer and paid for without any problems. The customer is the owner of the domain name that is registered and paid for with the registration request accepted with the order. In this regard, Fikrinevi will be able to process the domain name in line with the customer’s demands. The customer will make any edits, changes and transfer requests on the domain name via the control panel as soon as possible.
3.15: Domain name registration, renewal and editing are done through 3rd party software or manual processes. In case of errors that may arise from such transactions, if the user notices the error or is warned by the main secretary company, the customer is obliged to share these notifications with Fikrinevi. Otherwise, Fikrinevi 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, domain name registration password responsibility, and transfer lock responsibility belongs to the customer.
3.17: Fikrinevi has 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 wishes to renew through a different company, he/she has the right to act within the framework of the rules set by Icann and Trabis.
3.18: Fikrinevi suspends the domain names of customers who do not complete their domain name renewal processes on time, as of the expiry date. This suspension period varies depending on the time determined by the domain name manufacturer. During this period, the customer who purchased the domain name can renew the domain name by paying the annual renewal fee and regain the right to use it. If 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 a penalty fee of 95 + 20% VAT on average, although the value varies depending on the domain name extension. For domain names that are not acquired after the redemption period, the process is now at the discretion of the main secretary company and it is not possible to get the domain name back through Fikrinevi after this process.
3.19: Domain name services are not a product sold, but a form of service for which the right to use is received for the duration of the fee. Therefore, if the fee for the domain name is not paid within the expiry period, this right may be transferred to another person.
3.20: The Customer may disable the services by Fikrinevi without the need for a further warning, in cases where mass e-mail sending (spamming), phishing fraud, attacks on internal or external networks, etc. are illegal or will adversely affect Fikrinevi’s database through the server allocated to him. He accepts, declares and undertakes that the fees paid up to that date will not be refunded and that he may be subject to a penalty payment equal to the minimum contract price. Within this responsibility, the customer is responsible for T.R. It must comply with the laws, the regulatory procedures of BTK (Information Technologies and Communication Authority), and the rules set and to be made by Fikrinevi.
4- Duration
4.1: The specified rights and obligations of the parties in this agreement begin when the order and payment transactions are transmitted to Fikrinevi via the Internet.
4.2: The contract period is the payment period selected by the customer at the time of ordering for the relevant service.
4.3: If the parties have not warned that the contract will end at the end of the period 10 business days before the contract expires, the contract is extended for the duration of the previous contract with the same terms and conditions. (Changes regarding the fee are reserved.)
5- Fee
5.1: The fee to be paid for the services specified in this agreement is the amount specified during the order process. VAT is not included in the prices stated.
5.2: Fikrinevi reserves the right to make prospective changes to prices and tariffs without prior notice. The customer accepts, declares and undertakes any changes that may occur regarding these changes. The reasons for the change are inflation and exchange rate.
5.3: In case of delay in payment, Fikrinevi does not apply interest, but reserves the right to do so.
5.4: Fikrinevi reserves the right to turn off or on the relevant service until the customer completes the payment transaction.
5.5: As stated during the order, there are no refunds for domain name registration transactions.
6- Suspension
6.1: In case of payment problems, Fikrinevi reserves the right to stop all services provided to the customer.
6.2: Sending mass e-mail through the servers is strictly prohibited. As soon as advertising e-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. Our company is not responsible in any way for any issues that may arise from read and write permissions or similar permissions or related to your software.
6.4: All other terms of use are detailed in the “general terms of service” agreement.
7- Termination
If the customer violates any article of this contract and does not fulfill its responsibilities and commitments, if it is determined that the information he declared when registering is not correct, if the above-mentioned suspension of the contract continues for more than 7 days, Fikrinevi may terminate the contract unilaterally without the need for any warning or notice. has the right to terminate.
After such termination, the customer; It declares, accepts and undertakes to pay commercial punitive damages 5 times the equivalent contract price in effect on the date of termination, and that it cannot claim back the last contract fee it has paid, regardless of the remaining period.
The customer has the right to terminate this contract at the end of its term, without giving any reason, by giving a written warning 10 days before the contract expires or by sending a service cancellation request through the customer control panel.
If the contract is terminated by the customer before the expiration date, the customer declares, accepts and undertakes to pay 1/2 of the fees to be paid until the end of the contract, in lump sum and in advance.
8- Contact and Information Addresses
8.1: The parties accept, declare and undertake that the mailing addresses specified in the order address are their legal residence for all notifications arising from the contract in question. Unless changes to these addresses are notified to us in writing, the old addresses will be valid.
8.2: During the Intellectual contract period, the customer can send messages, information, letters, warnings, payment notifications, account activity charts and account statements to the e-mail address he declared when registering. The customer cannot claim that the electronic messages in question were not received or did not reach him, and he declares, accepts and undertakes that he will be deemed to have legally notified the said messages 1 day after the date they were sent.
9- Default in Payment of Fee
9.1: If the customer does not make payment for the services received within 7 days following the application date, he is deemed to be in default. In this case, Fikrinevi does not apply interest, but if it wishes, it may request a monthly delay interest of 15% starting from the invoice date. The customer declares and agrees to pay this delay interest.
9.2: The Customer declares to pay a monthly delay interest of 15%, a penalty of 50% of the balance debt amount, a lawyer’s fee of 10% and all other legal expenses in case Fikrinevi files a lawsuit or enforcement proceeding for any receivables arising from this agreement, accepts and undertakes.
9.3: If the Customer applies to the legal authorities for Precautionary Seizure and Precautionary Injunction for the collection of his receivables arising from this agreement, Fikrinevi is authorized to take Precautionary Seizure and Precautionary Injunction decision without any guarantee, however, if the guarantee is requested by the courts, the commissions and all kinds of fees arising from the letters of guarantee to be received from the banks will be borne by them. declares, accepts and undertakes that it will be paid and that it will not raise any objections to these issues.
9.4: If the customer payment is not made within 5 (five) days despite warnings, Fikrinevi reserves the right to suspend the service. Fikirvin cannot be held responsible for unpaid, canceled or deleted services.
9.5: In addition, physical and virtual server rental services; If payment for service renewal fees is not made and/or collections cannot be made within 2 (two) calendar days following the service end date, the relevant services will be suspended. If payment for service renewal fees is not made and/or collections cannot be made within 10 (ten) days following the service end date, all data regarding the relevant service will be deleted for security reasons and the service will be automatically closed and canceled. Fikrinevi cannot be held responsible for data loss in canceled services.
10- Prohibited Activities
The following activities are strictly prohibited using SERVICE PROVIDER services. Although the SERVICE PROVIDER has no responsibility to monitor the content, it reserves the right to stop, restrict or completely terminate the services of the users if it is detected that these activities are being carried out.
10.1: Prohibited activities include any act or behavior that is considered a crime by law, including but not limited to those listed below.
a. Sending spam
Spam is the sending of bulk and/or commercial messages via the internet without the recipient’s consent. Sending spam not only damages the commercial reputation and reliability of the SERVICE PROVIDER, but may also cause its systems to be overloaded and the quality of services provided to customers to decrease.
Those who receive the relevant service from the SERVICE PROVIDER cannot send Spam and cannot operate their systems unprotected and open to the use of third parties/institutions in a way that facilitates the sending of Spam.
b. Crimes Against Intellectual and Artistic Works, Private Life and Personal Rights
Behaviors that may be committed against the intellectual and industrial rights of individuals or institutions and that may constitute a crime within the scope of the “Intellectual and Artistic Works Law”, “Trademarks Law”, “Turkish Commercial Code”, “Law on the Protection of Patent Rights” and other relevant legislation and privacy of private life and crimes against personal rights are within this scope.
c. Phishing Attacks
Phishing is the process of deceiving users through fake websites and e-mails and obtaining private information about the users, from their identity information, credit card information, bank account numbers to the internet password of this account.
d. Illegal or Unauthorized Access to Other Computers and Networks
Trying to access other people’s computers, user accounts or networks by unauthorized or illegal means (hacking) and other activities that will allow illegal or unauthorized access to systems (port scan, stealth scan, etc.).
e. Virus, Worm, Trojan Horse etc. Activities Related to Harmful Distribution
Activities that may cause disruption in other users’ use of the SERVICE PROVIDER’s network or any other network, system, service or device connected to it, such as internet viruses, sending trojan horses or pinging, flooding, mailbombing.
f. Excessive Resource Usage on Shared Servers
Within the scope of hosting services, SERVICE PROVIDER has services provided through shared hardware platforms. A website that is available within the scope of this service creates excessive traffic or excessive resource usage, excessive e-mail sending and/or receiving from e-mail addresses used within the scope of the e-mail hosting service, excessive processor usage of the virtual server used within the scope of the shared hosting service. or in cases of excessive traffic, the SERVICE PROVIDER reserves the right to suspend service for a short time or indefinitely without prior notice, in order to prevent the services of customers receiving service through the same hardware platform from being negatively affected.
11- Validity of the Agreement and Termination of Nonconformity
11.1: Any changes that will occur over time in this agreement, which the customer approved during his online application, will be notified to the customer by publishing it on the website and/or via e-mail. By continuing to use Fikrinevi’s services, the Customer will be deemed to have accepted the changed contract terms.
11.2: The customer can terminate the contract at any time by notifying the service received until the renewal date specified on the site or by submitting a cancellation request through the customer control panel.
11.3: The contract may be terminated unilaterally by Fikrinevi without the need for notice for the following reasons.
a. Full or partial transfer of the services being received by the customer or the rights granted to him/her by this agreement without the written consent of Fikrinevi.
b. Bankruptcy decision taken against the customer or suspension of payments
c. The Customer is in default in paying for the services provided by Fikrinevi, as stipulated in Article 9.1.
d. If the customer violates the terms specified in this agreement or the “general terms of service”, Fikrinevi may terminate the services provided to the customer and/or terminate the contract without prior notice. In this case, the fees previously paid by the customer cannot be refunded.
12- Dispute Resolution and Competent Court
12.1: This agreement consists of 11 main articles and subheadings and has been read, understood and signed by the parties. (Signature is deemed to be completed when the order is sent from the site to Fikrinevi). Fikrinevi may add, remove or make changes to new articles and/or subheadings if it deems necessary. Fikrinevi notifies its customers of these changes by e-mail, and the customer declares and undertakes that he/she has accepted these changes in advance.
12.2: Istanbul Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this agreement.