Service Agreement

Service Agreement

1- Parties

1.1: This agreement is made between Binord Group Bilişim Yatırım San. ve Tic. Ltd. Şti. company (“teknorova”) providing the services specified in the services section (“Services”) and the person/entity specified in the new customer registration section with the details provided (“customer”). The use of the website operated by teknorova at http://www.teknorova.com - (.com.tr .net .org .gen.tr) (“site”) and the services to be purchased through this site will be deemed to have been signed under the following terms and conditions and the general terms of use of the 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 sections that the customer is permitted to do and not to do, based on the information provided during the registration process, the services they will receive according to their preferences in their orders, and the fees to be paid to teknorova for these services, and the manner of using these services. These service and transaction descriptions are as follows.

2.2: Membership information is the information declared by the customer while becoming a member. Since this information will be taken as a basis in transactions, it is assumed that the customer/member has entered this information accurately and completely.

3- Responsibilities and Customer Obligations

3.1: teknorova will provide the services ordered by the customer upon their request. With the order acceptance message, teknorova will accept that the related fee has been collected and commit to providing the service specified in the said order.

3.2: The payment method and VAT differences will be specified with the total amount to be calculated during the order process, and the fees that need to be paid according to the customer’s monthly, quarterly, semi-annual, annual, or biannual payment preferences will be notified by teknorova.

3.3: After the order acceptance and approval of the transactions, teknorova will convey all user names and passwords related to the service specified in the customer’s order detail to the customer, and the service will begin. The responsibility for the access information related to the said services will belong to the customer after being conveyed to them, and the customer will be responsible for any damage or loss arising from these issues.

3.4: The customer undertakes to comply with the declarations and warnings received from teknorova within the scope of the service or services they have received. The customer declares, accepts, and undertakes to comply with any kind of notice or notification published by teknorova while benefiting from their services. The customer cannot distribute or sell the free and unlimited services they have received to third parties, either free or paid and/or limited or unlimited. In addition to this agreement, the "general service terms" apply to the use of the service.

3.5: The customer undertakes not to access files or programs that they do not have the right to access using the software and programs they own within the scope of the service, not to create any problems due to such an issue, and to compensate for the damages in case of possible problems and issues.

3.6: The customer accepts and undertakes that the taxes, fees, and similar obligations that are in force during the use of the services they have received or will come into force during the term of the agreement are their responsibility and that they will cover them.

3.7: The customer accepts and undertakes that they are responsible for all files, documents, and programs they host within the scope of the service, for all transactions they will use and benefit from with the website and email services, and for all legal and criminal liabilities arising from the violation of laws regarding the said data, information, and declarations. teknorova cannot be held responsible for any issues arising from these matters. teknorova does not review, verify, endorse, or take any responsibility for the pages created by the user before they are sent. teknorova may terminate user accounts for violating these guidelines or for any other reason that it believes is detrimental to its business or the business of any of its users. teknorova has the right to delete actions and behaviors that violate the law without notifying the customer as soon as they become aware of them.

3.8: teknorova cannot be held responsible in any way for the contents of customer data within the service provided, the misuse of these contents, and the material or moral damages that may arise from the sent and received email data. All backup and storage obligations of the data belong to the customer. teknorova cannot be held responsible for any material or moral damages that may arise from situations such as interruptions or data loss that may occur in its services.

3.9: teknorova will show the necessary care and attention to ensure that customer backups are kept regularly, but it cannot be held responsible for any data losses the customer may suffer due to possible problems in this regard. The customer is obliged to regularly save their own data.

3.10: teknorova specifies the special 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, they are deemed to have accepted the terms related to that service.

3.11: teknorova 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 they receive in a way that does not harm other users. teknorova may warn the customer and request them to correct such uses, or it may temporarily suspend the service without prior notice.

3.13: The customer accepts that all resources specified as unlimited in the services they use are unlimited provided that they are used in accordance with the principles of good faith and general usage conditions. In cases such as excessive use of server resources or use of resources outside their intended purpose, teknorova may warn the customer and request them to correct it or may temporarily suspend the service without prior notice. These uses outside the intended purpose are specified in the "general service terms".

3.14: teknorova will handle the domain name registration processes for orders placed and payments made without any issues. The customer is the owner of the domain name that is registered and whose registration request is accepted with the order and paid for. teknorova will be able to perform transactions on the domain name at the customer's request in this regard. The customer will make any arrangements, changes, and transfer requests on the domain name through the control panel as soon as possible.

3.15: Domain name registration, renewal, or arrangement processes are carried out through third-party software or manual processes. In case of errors arising from such processes, if the user notices the error or is warned by the main registry firm, the customer is obliged to share these notifications with teknorova. Otherwise, teknorova is not responsible for any disruptions, damages, or losses that may occur.

3.16: In domain name registration services, the responsibility for changing and ensuring the accuracy of whois information, the domain name registration password, and the transfer lock lies with the customer.

3.17: teknorova reserves the right to change the provision conditions and prices in domain name registration and transfer services without notice. These arrangements may affect the next renewal prices of the existing registered domain names. If the customer does not want to renew or wants to renew through a different company, they have the right to proceed according to the rules set by Icann and Trabis.

3.18: For customers who do not renew the domain name services on time, teknorova will suspend the domain names as of the expiration date. This suspension period varies according to the time determined by the domain name manufacturer. During this period, the customer who owns 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 former customer who wants to regain the domain name can get it back by paying an average penalty fee of 95 + 18% VAT in US dollars, depending on the value of the domain name extension. After the redemption period, the process passes to the initiative of the main registry company, and after this process, it is no longer possible to regain the domain name through teknorova.

3.19: Domain name services are not a product sold but a service that grants the right to use it for the paid duration. Therefore, if the fee is not paid within the expiration period of the domain name, this right may pass to another person.

3.20: The customer accepts, declares, and undertakes that if bulk email sending (spamming), phishing fraud, internal or external network attacks, and similar illegal activities that may adversely affect teknorova’s database are carried out through the server allocated to them, the services will be deactivated by teknorova without the need for any additional warning, and they will not be refunded any fees paid up to that date and may be subject to a penalty equal to the minimum contract fee. The customer is obliged to comply with the laws of the Republic of Turkey, the regulatory actions of the BTK (Information and Communication Technologies Authority), and the rules set by teknorova and that will be set in the future within this responsibility.

4- Duration

4.1: This agreement will come into force with the transmission of the order and payment transactions to teknorova via the Internet, and the rights and obligations of the parties will begin.

4.2: The term of the agreement is the payment period selected by the customer during the order process for the relevant service.

4.3: If the parties do not notify each other 10 business days before the end of the term of the agreement that the agreement will end at the end of the term, the agreement will be extended for the same term under the same conditions and provisions. (Changes in 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. The specified fees do not include VAT.

5.2: teknorova reserves the right to change prices and rates prospectively without prior notice. The customer accepts, declares, and undertakes that they accept any changes that may occur in this regard. Factors influencing the change include inflation and exchange rates.

5.3: In case of delay in payment, teknorova does not apply interest but reserves the right to do so.

5.4: teknorova reserves the right to suspend or activate the related service until the customer completes the payment transaction.

5.5: As stated during the order process, there are no refunds for domain name registration transactions.

6- Suspension

6.1: In case of any problem with the payment, teknorova reserves the right to suspend all services provided to the customer.

6.2: Bulk email sending from servers is strictly prohibited. If spam, which is unsolicited advertising email, is detected, the process will be stopped, and the service will be temporarily suspended.

6.3: The security of all software on the servers is the responsibility of our customers. Our company is not responsible for any issues arising from permissions such as read and write permissions or related to your software.

6.4: All other terms of use are detailed in the "general service terms" agreement.

7- Termination

If the customer fails to fulfill their responsibilities and commitments by acting contrary to any provision of this agreement, if it is determined that the information declared during registration is incorrect, or if the suspension state of the above-mentioned agreement continues for more than 7 days, teknorova has the right to terminate the agreement unilaterally without any notice or warning.

After such termination, the customer agrees, declares, and undertakes that they cannot claim the last contract fee they paid regardless of the remaining period, and they will pay a commercial penalty compensation of 5 times the prevailing contract fee as of the termination date.

The customer has the right to terminate this agreement at the end of its term by notifying in writing without showing any reason 10 days before the normal term or by sending a service cancellation request through the customer control panel.

If the customer terminates the agreement before the end of its term, they agree, declare, and undertake to pay half of the fees due until the end of the agreement immediately and in cash.

8- Communication and Information Addresses

8.1: The parties accept, declare, and undertake that the postal addresses specified in the order address are legal residences for all kinds of notifications arising from the subject of the agreement. Unless changes to these addresses are notified in writing, the old addresses will be valid.

8.2: teknorova may send messages, information, writings, warnings, payment notifications, account movement charts, and account statements to the email address declared by the customer during the registration process within the term of the agreement. The customer cannot claim that they did not receive or did not reach the said electronic communications, and declares, accepts, and undertakes that the said communications will be considered legally notified one day after they are sent.

9- Default in Payment of the Fee

9.1: If the customer does not make the payment within 7 days following the application date for the services they received, they are considered in default. In this case, teknorova does not apply interest but reserves the right to charge a monthly delay interest of 15% from the invoice date. The customer agrees and accepts to pay this delay interest.

9.2: If teknorova files a lawsuit or initiates enforcement proceedings for any receivables arising from this agreement, the customer agrees, declares, and undertakes to pay a monthly delay interest of 15%, a penalty clause of 50% of the remaining debt amount, 10% for attorney's fees, and all other legal expenses.

9.3: If teknorova applies to legal authorities for a precautionary attachment and precautionary injunction for the collection of receivables arising from this agreement, the customer accepts, declares, and undertakes that teknorova is authorized to obtain a precautionary attachment and precautionary injunction without a guarantee, but if the courts require a guarantee, the commissions and all kinds of fees arising from the guarantee letters to be obtained from the banks will be paid by them and they will not make any objections to these issues.

9.4: If the customer does not make the payment within 5 (five) days despite the warnings, teknorova reserves the right to suspend the service. teknorova cannot be held responsible for unpaid, canceled, and deleted services.

9.5: In addition, in physical and virtual server rental services; if the service renewal fees are not paid and/or collected within 2 (two) calendar days following the service end date, the relevant services will be paused. If the service renewal fees are not paid and/or collected 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 automatically closed and canceled. teknorova cannot be held responsible for data loss due to canceled services.

10- Prohibited Activities

The following activities are strictly prohibited from being carried out using the SERVICE PROVIDER’s services. Although the SERVICE PROVIDER is not responsible for monitoring content, it reserves the right to suspend, restrict, or completely terminate the services of users if it determines that these activities are being carried out.

10.1: Prohibited activities include, but are not limited to, all kinds of actions and behaviors that are considered crimes by law.

a. Spam Sending

Spam is the sending of unsolicited bulk and/or commercial messages over the internet. Spam sending damages the SERVICE PROVIDER’s commercial reputation and reliability and may cause excessive load on its systems, reducing the quality of services provided to customers. Customers receiving services from the SERVICE PROVIDER cannot send spam and cannot operate their systems in an unprotected manner that facilitates spam sending and is open to third-party use.

b. Crimes Against Intellectual and Artistic Works, Private Life, and Personal Rights

This includes actions that may be committed against the intellectual and industrial rights of individuals or institutions and constitute crimes under the “Intellectual and Artistic Works Law”, “Trademark Law”, “Turkish Commercial Code”, “Law on the Protection of Patent Rights”, and other relevant legislation, as well as crimes against the privacy of private life and personal rights.

c. Phishing Attacks

Phishing is the act of deceiving users with fake web pages and emails to obtain personal information such as identity information, credit card information, bank account numbers, and internet passwords.

d. Illegal or Unauthorized Access to Other Computers and Networks

Attempting to access other people's computers, user accounts, or networks illegally or unauthorized (hacking) and activities that enable illegal or unauthorized access to systems (port scan, stealth scan, etc.).

e. Activities Related to the Distribution of Harmful Data Such as Viruses, Worms, Trojan Horses, etc.

Sending internet viruses, trojans, or other activities that may cause disruption in the use of the SERVICE PROVIDER’s network or connected networks, systems, services, or devices by other users, such as pinging, flooding, mail bombing.

f. Excessive Resource Usage on Shared Servers

Under the hosting services, the SERVICE PROVIDER provides services on shared hardware platforms. If a website on this service creates excessive traffic or uses excessive resources, if excessive email sending and/or receiving is carried out from email addresses under the email hosting service, or if the virtual server used under the shared hosting service uses excessive CPU or creates excessive traffic, the SERVICE PROVIDER reserves the right to suspend the service for a short or indefinite period without prior notice to ensure that the services of other customers sharing the same hardware platform are not adversely affected.

11- Validity of the Agreement and Termination for Violation

11.1: Changes to this agreement, which the customer approved during their online application, will be published on the website and/or notified to the customer via email. The customer will be deemed to have accepted the changed terms of the agreement by continuing to use the services of teknorova.

11.2: The customer can terminate the agreement at any time by notifying before the renewal date of the service specified on the site or by submitting a cancellation request through the customer control panel.

11.3: The agreement can be terminated unilaterally by teknorova without the need for notice due to the following reasons:

a. The customer transferring the services they are receiving or the rights granted to them under this agreement wholly or partially without the written consent of teknorova

b. A bankruptcy decision is made against the customer or their payments are suspended

c. The customer falls into default in paying for the services provided by teknorova as provided for in Article 9.1.

d. If the customer violates the terms specified in this agreement or the “general service terms”, teknorova may terminate the services provided to the customer without prior notice and/or terminate the agreement. In this case, the fees previously paid by the customer will not be refunded.

12- Resolution of Disputes and Competent Court

12.1: This agreement consists of 11 main articles and sub-headings, read, understood, and signed by the parties. (Signing is deemed to have occurred with the transmission of the order from the site to teknorova). teknorova reserves the right to add, remove, or change new articles and/or sub-headings as it deems necessary. teknorova will notify customers of these changes via email, and the customer declares and undertakes that they have accepted these changes in advance.

12.2: Gaziantep Courts and Enforcement Offices are authorized for the resolution of all disputes arising during the implementation of this agreement.

.TR preliminary registration orders cannot be canceled/refunded before the results of the 3rd Category are announced. Preliminary registration orders resulting in domain allocation cannot be canceled/refunded.

Customers will be informed via email for unsuccessful preliminary registration orders. Refunds for unsuccessful orders will be made to the customer panel deposit within 15 days.