1- Parties
1.1: This agreement shall be deemed to have been signed between NettaCompany Web Design and Internet Services (hereinafter referred to as NettaCompany) which provides the services specified in the services section (hereinafter referred to as Services) and the person/institution specified with the details specified in the New customer registration section (hereinafter referred to as the Customer) for the use of the internet site operating at the nettacompany.com internet address belonging to NettaCompany (hereinafter referred to as the Site) and the services to be purchased through this site, with the articles and conditions specified below.
1.2: The parties declare, accept and undertake that the information written in this agreement is accurate.
2- Subject
2.1: This contract will regulate the sections that the customer is allowed to do and not do in accordance with the information provided during the registration process in the transactions, orders and messages sent on the site, and the fees that the customer will pay to NettaCompany in return for the services he/she will receive in accordance with his/her preferences in his/her orders. The descriptions of these services and transactions are as follows.
2.2: Membership information is the information entered by the customer during membership. Since this information will be used as the basis for the transactions, it is assumed that the customer and member have entered this information completely and correctly, without any errors.
3- Responsibilities
3.1.1: NettaCompany will provide the services that the customer has sent as an order upon request. With the acceptance message of the order, NettaCompany will accept that it has collected the relevant fee and will undertake to provide the service specified in the order.
3.1.2: Payment method, VAT differences will be specified with the total amount to be deducted during the order and the fees to be paid by the customer according to their monthly or annual payment preferences will be notified by NettaCompany. Annual Price increase will not be lower than the TC annual inflation rate.
3.1.3: After the order acceptance and approval of the transactions, NettaCompany will send the control panel, ftp, sql and e-mail usernames and passwords related to the service in the customer order details to the customer and the service will be started. The responsibility of the relevant accounts and passwords is the responsibility of the customer and the customer will be responsible for any damages and losses that may arise from these issues.
3.1.4: The Customer undertakes to comply with the statements and warnings received by NettaCompany within the scope of the service received. The Customer declares, accepts and undertakes to comply with all kinds of warnings or notifications issued by NettaCompany while using the hosting account. The Customer cannot distribute or sell the services provided to him/her free of charge and unlimitedly in the hosting service he/she received, to third parties, whether paid or free of charge and/or limited or unlimited.
3.1.5: The Customer undertakes not to access files or programs to which it does not have access rights by using the software and programs it owns within the scope of the service, not to create any problems due to such problems, and to compensate for any damages that may occur.
3.1.6: The Customer accepts and undertakes that he/she is responsible for and will meet any taxes, duties and similar obligations that are in force during the use of the domain name, hosting or services he/she receives or that will come into force during the term of the contract.
3.1.7: The customer accepts and undertakes that he/she is responsible for all files, documents and programs he/she hosts within the scope of the service, and all transactions he/she will use and benefit from with the website and e-mail services, and that he/she will bear all legal and criminal liabilities that may arise from the illegality of the said data, information and statements. No fault can be conveyed to NettaCompany regarding the problems that may arise in this regard.
NettaCompany does not review, verify, endorse or take any responsibility for user-generated pages before they are posted. NettaCompany may terminate user accounts for violating these guidelines or for any other reason or if NettaCompany believes that such actions are harmful to its business or the business of any of its users. NettaCompany reserves the right to delete unlawful acts and actions upon learning of such acts and actions without notice to the customer.
3.1.8: NettaCompany cannot be held responsible for any material or moral damages that may arise from the incorrect use of customer data, data content, or all data used via e-mail within the service it provides. The customer is responsible for backing up and storing these data. NettaCompany will regularly back up and maintain all customer data. Despite this, NettaCompany is not responsible for any errors, damages or losses that may occur due to interruptions or data loss that may occur in NettaCompany services. NettaCompany backs up e-mail accounts in regular backups and backs up the “messages” in these e-mail accounts once every 3 months. In weekly backups, e-mail messages are excluded from the backup. It is recommended that these messages are regularly backed up by the customer with a pop3-supported software (outlook etc.). The backup of these data is the responsibility of the customer unless otherwise stated in the contract text.
3.1.9: NettaCompany will carry out the domain name registration processes that have been ordered by the customer and paid for without any problems. The owner of the domain name that has been registered and paid for with the registration request accepted with the order is the customer. Domain names purchased within the scope of campaigns and promotions can be transferred after the next payment period has passed. NettaCompany will be able to process the domain name in line with the customer's requests in this regard. It will carry out any editing, change or transfer requests made by the customer on the domain name as soon as possible.
3.2.0: NettaCompany performs email cleaning every 3 months to prevent excessive email accumulation on the servers. Therefore, your emails older than 3 months are automatically deleted from our servers. It is recommended that you backup your important emails with software such as Outlook etc.
3.2.1: Unless otherwise stated, all our hosting packages have a daily email sending limit of 350 per domain name. Email flow of accounts that send more than 350 emails within 24 hours is stopped.
3.2.2: In order to prevent excessive email accumulation on the servers, NettaCompany will automatically start deleting messages older than 3 months when more than 1000 messages accumulate in 1 email box.
3.2.3: NettaCompany limits all Hosting and E-Mail packages to 100,000 objects (Inode). It reserves the right to suspend accounts that exceed the limit.
3.2.4: NettaCompany keeps the "php mail()" function disabled in all shared hosting packages to prevent unauthorized (spam) mail sending. PHP-based mail sending can only be done by establishing an SMTP connection.
4- Duration
4.1: The rights and obligations of the parties hereto begin with the transmission of the order and payment transactions to NettaCompany via the internet.
4.2: The contract period is the payment period chosen by the customer at the time of ordering for the relevant service.
4.3: If the parties do not notify the parties that the contract will end at the end of the term until 10 business days before the contract ends, the contract will be extended for the same terms and conditions as the previous contract period. (Changes in the fee issue are reserved.)
5- Fee
5.1: The fee to be paid for the services specified in this contract is the amount specified during the order process. The specified fees are calculated by including VAT later and are shown to the customer and collected.
5.2: NettaCompany reserves the right to make future changes to prices and tariffs without prior notice. The Customer accepts, declares and undertakes any changes that may occur in advance regarding these changes.
5.3: The fee is paid by converting it into Turkish Lira based on the Central Bank's effective sales rate on the invoice date.
5.4: The customer is obliged to pay the fee by cash payment to the bank account specified in the customer contact address or to NettaCompany by the end of the 5th business day from the invoice date, if there is a credit card payment instruction during the order process. If there is no credit card payment instruction, the customer is obliged to pay the fee by cash payment to the bank account numbers specified in the customer contact address or to NettaCompany.
5.5: In case of delayed payment, NettaCompany reserves the right to issue an invoice for the exchange rate difference.
5.6: NettaCompany reserves the right to turn the relevant service on or off until the customer completes the payment process.
5.7: As stated during the order, no refunds will be made for domain name, hosting, packages included in the campaign, optimization services (adwords-wordpress) and problems arising from user errors.
6- Suspension
6.1: In case of problems regarding payment, provision problems for customers with credit card payment instructions or articles regarding terms and obligations, NettaCompany reserves the right to suspend all services provided to the customer, including all e-mail, web and ftp accounts.
6.2: While this situation continues, e-mail, web, ftp access cannot be made on behalf of the customer, e-mail accounts are blocked and incoming e-mails are rejected.
6.3: Tüm sunucularımız üzerinde barındırılan site başına en fazla CPU ( İşlemci ) ve RAM ( Bellek ) kullanım oranı Reseller Hostingde CPU %50 Hosting hizmetlerinde ise %20’dir. Ram kullanımları 1024MB’dir. Bu kurallara uymayan aşırı kaynak tüketimi yapan hesaplar uyarılmaksızın askıya alınır.
6.4 It is forbidden to keep content that violates copyrights and Turkish laws on our servers. This content includes Hack, Crack, Warez, Adult and MP3, MP4, SWF etc. content.
6.5: The security of all software on the server belongs to our customers. Our company is not responsible in any way for any issue that may arise from Chmod 777 or related to your software.
6.6 Accounts detected to be engaged in spamming or phishing on our servers will be permanently closed following notification from the relevant authorities regarding these activities.
7- Termination
If the Customer violates any provision of this contract and fails to fulfill its responsibilities and commitments, or if it is determined that the information declared on the front of this contract is not correct, or if the suspension of the contract specified above continues for more than 7 days, NettaCompany has the right to terminate the contract unilaterally without any warning or notice.
After such termination, the customer declares, accepts and undertakes that he/she cannot claim back the last contract fee he/she paid, regardless of the remaining period, and that he/she will pay commercial punitive damages in the amount of 5 times the comparable contract price in force on the date of termination.
The customer has the right to terminate this contract at the end of its term, without giving any reason, provided that he/she gives notice in writing 10 days before the contract expires in the normal period.
In case 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 a lump sum and in advance.
30 days after the termination of the contract, NettaCompany has the right to delete the files belonging to the account.
8- Contact and information addresses
8.1: The parties accept, declare and undertake that the postal addresses specified in the order address are the legal residence for all kinds of notifications arising from the contract in question.
8.2: Any notification made to these addresses will be deemed to have been served even if it does not reach the parties. The old addresses will be valid unless changes to these addresses are notified to the other party in writing.
8.3: NettaCompany may send messages, information, texts, warnings, payment notifications, account activity schedules and account statements to the e-mail address assigned to the customer during the contract period. The customer cannot claim that the said electronic messages were not received or did not reach him/her, and declares, accepts and undertakes that the said messages will be deemed to have been legally served 1 day after the date they were sent.
9- Default in payment of the fee
9.1: Müşteri, aldığı hizmetlere karşılık başvuru tarihini takip eden 7 gün içinde ödeme gerçekleştirmediği takdirde temerrüde düşmüş sayılır. Bu durumda NettaCompany kur farkı faturası kesebileceği gibi dilerse fatura tarihinden itibaren aylık %15 gecikme faizi taleb edebilir. Müşteri bu gecikme faizi ve kur farkı faturasını ödemeyi beyan ve kabul eder.
9.2: Müşteri, iş bu sözleşmeden doğan her tür alacak için NettaCompany’in dava yada icra takibi açması halinde de aylık %15 gecikme faizi, bakiye borç miktarının %50’si kadar cezai şart, %10’u Avukatlık Ücreti ve diğer tüm yasal giderleri ödemeyi beyan, kabul ve taahhüt eder.
9.3: The Customer declares, accepts and undertakes that in the event that the Customer applies to the legal authorities for Precautionary Seizure and Precautionary Measures for the collection of receivables arising from this agreement, NettaCompany is authorized to obtain a Precautionary Seizure and Precautionary Measure without collateral; however, if the Courts request collateral despite this, the Customer declares, accepts and undertakes that the Customer will pay the commission and all kinds of fees arising from the letters of guarantee to be received from the Banks and that it will not raise any objection to these matters.
10- Authorized courts and enforcement offices
10.1: This contract consists of 11 articles and subheadings, and has been read, understood and signed by the parties. (Signature is deemed to have been made when the order is sent to NettaCompany via the internet). NettaCompany may add or remove new articles and/or subheadings or make changes to the articles if it deems necessary. The Customer declares and undertakes that he/she has accepted these changes in advance.
10.2: Istanbul Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this contract.
11- Additions ( 06.06.2018 )
11.1: It is forbidden to share your problems or questions about NettaCompany on platforms other than the customer panel (my.nettacompany.com) and to organize smear campaigns there, and accordingly, NettaCompany reserves the right to suspend the account and service without any questioning and without any accusation/notification.
11.2: It is forbidden to share all conversations in the NettaCompany Customer Panel with third parties, and in the event of such a situation, the company and the customer declare and accept that their account and services will be closed due to a breach of confidentiality.
11.3: It is forbidden to share “Complaint” content on different platforms by using the NettaCompany brand and going outside the scope of the “Trademark Protection Law”. In such campaigns, the customer accepts and declares all liabilities within the scope of legal and administrative fines. If you send such problems and questions to [email protected], solutions can be produced.
11.4. The Service Provider undertakes that the service provided under this contract will continue for 12 months from the start date. The start date is New Year's Day.
11.5. If the Customer wishes to cancel the contract within the annual period, he/she is obliged to notify the Service Provider of this request in writing at least 30 days in advance.
11.6. If the Customer cancels the contract within the annual period, he/she undertakes to pay the entire contract price in advance for the remaining period.
