Service Agreement
1- Parties
1.1: SOFTİZ TEKNOLOJİ AŞ. provides the services specified in the services section of this contract (referred to as Services). (Referred to as Softiz) and the person/institution specified with the details specified in the New customer registration section (referred to as Customer) of the website operating at https://www.softiz.com.tr/ belonging to Softiz (referred to as Site). ) and the services to be purchased through this site will be deemed to have been signed with the terms and conditions specified below.
1.2: The parties declare, accept and undertake the accuracy of the information written in this agreement.
2- Subject
2.1: This contract will regulate the parts that the customer is allowed to do or not to do in line with the information he has given in the registration process in his transactions, orders, messages sent on the site, and the fees to be paid to Softiz in return for the services he will receive in accordance with his preferences in his orders. These service and transaction disclosures 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 made, it is assumed that the customer and the member have entered this information completely and accurately, without any errors.
3- Responsibilities
3.1.1: Softiz will provide the services ordered by the customer upon request. With the order acceptance message, Softiz will accept that it has collected the relevant fee and undertake to provide the service specified in the order in question.
3.1.2: Softiz will notify the customer of the fees to be paid according to their monthly or annual payment preferences, stating the payment method and the total amount to be deducted during the order with VAT differences.
3.1.3: After order acceptance and approval of transactions, Softiz will forward the control panel, ftp, sql and e-mail usernames and passwords for the service in the customer order detail to the customer and the service will be started. The responsibility for the relevant accounts and passwords is the customer's responsibility, and the customer will be responsible for any damage or loss that may arise from these issues.
3.1.4: The customer undertakes to comply with the statements and warnings received by Softiz within the scope of the service he receives. The customer declares, accepts and undertakes to comply with any warning or notification issued by Softiz while using the hosting and domain account. The customer cannot distribute or sell to third parties the services provided to him free of charge or unlimited in the possession service he has received, either for a fee or free of charge and/or limited or unlimited.
3.1.5: 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.
3.1.6: 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 domain name, hosting or services received or that will come into force during the contract.
3.1.7: The customer is responsible for all files, documents and programs it contains within the scope of its service, and all transactions that it will use and benefit from through the website and e-mail services, and agrees to bear all legal and criminal liability that may arise from the illegality of such data, information and statements. and commits. Softiz cannot be held responsible for any problems that may arise in this regard.
Softiz does not review pages before they are posted, nor does it verify, endorse or take any responsibility for user-created pages. Softiz may terminate user accounts for violating these guidelines or for any other reason, or because Softiz believes that it is harmful to its own business or the business of any of its users. Softiz has the right to delete illegal acts and actions without informing the customer as soon as it becomes aware of them.
3.1.8: Softiz cannot be held responsible for any material or moral damages that may arise from the incorrect use of customer data contained in the service it provides, data contents, or all data used via e-mail. Backup and storage responsibilities for this data belong to the customer. Softiz will regularly backup and maintain all customer data. Despite this, Softiz is not responsible for any errors, damages or losses that may occur due to interruption or data loss in Softiz services. Softiz 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 be backed up regularly by the customer with a pop3 supported software (outlook etc.). Backing up this Data is the customer's responsibility unless otherwise stated in the contract text.
3.1.9: Softiz will carry out the registration process for the domain name ordered by the customer and paid for without any problems. Although our systems send reminder e-mails during domain name registration processes, the responsibility of monitoring the domain name renewal process belongs to the customer. The owner of the domain name, which is registered and paid for with the registration request accepted by order, is the customer. Domain names purchased within the campaign and promotion can be transferred after the next payment period has passed. In this regard, Softiz 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 as soon as possible.
In domain name registrations, if the relevant domain name is priced as a premium domain by the registry company, the customer agrees to pay the difference.
3.2.0: Softiz performs e-mail cleaning every 3 months in order to prevent excessive e-mail accumulation on the servers. Therefore, your emails older than 3 months are automatically deleted from our servers. Send your important emails to outlook etc. It is recommended to back up with software.
3.2.1: Unless stated otherwise, all our hosting packages have a domain-based daily sending limit of 350 emails. Email flow is stopped for accounts that send more than 350 emails within 24 hours.
3.2.2: In order to prevent excessive e-mail accumulation on the servers, Softiz will automatically start deleting messages older than 3 months when more than 1000 messages accumulate in 1 e-mail box.
3.2.3: Softiz limits all Hosting and E-Mail packages to 100,000 objects (Inodes). It reserves the right to suspend accounts that exceed the limit.
3.2.4: Softiz keeps the "php mail()" function disabled in all shared hosting packages to prevent unauthorized (Spam) e-mail sending. PHP-based e-mail sending can only be done by establishing an SMTP connection.
3.2.5: In all shared hosting packages, if Softiz detects a security vulnerability that will harm the integrity of the server, it has the authority to disable the feature causing this security vulnerability without approval.
3.2.6: Payments made for the preliminary application for domain names with .tr extension are transferred as credit to the customer account if the applications are not accepted. The customer is deemed to have accepted this situation before completing the payment. Submitting a preliminary application does not guarantee that the domain name can be registered.
3.2.7: The Customer is deemed to have read the procedures and principles of the Internet Domain Names Regulation and Internet Domain Names Communiqué published on BTK regarding domain names with .tr extension and has accepted all responsibilities in this regard in advance.
3.2.8: When the Customer orders a domain name with .tr extension containing Turkish characters, he accepts that it will be translated according to the IDN system and that not every browser runs this extension.
3.2.9: The customer is deemed to have accepted in advance that he will not receive a refund for orders placed for domain names with .tr extension, even if the domain names are canceled by BTK for any reason.
4- Duration
4.1: The specified rights and obligations of the parties in this contract begin as soon as the order and payment transactions are transmitted to Softiz over the internet.
4.2: The contract period is the payment period selected by the customer during the order 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 end of the contract, the contract will be extended for the duration of the previous contract with the same terms and conditions. (Changes regarding fees 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. It is calculated by including VAT in the specified fees and is shown to the customer and collection is made.
5.2: Softiz 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.
5.3: The fee is paid by converting it into Turkish Lira at the effective sales rate of the Central Bank on the date of the invoice.
5.4: If there is a payment order by credit card during the order process, the fee is obliged to pay from the credit card account, or by hand to the bank account numbers specified in the customer contact address or to Softiz, until the end of the 5th business day from the invoice date.
5.5: In case of delay in payment, Softiz reserves the right to issue an exchange difference invoice.
5.6: Softiz reserves the right to turn off or on the relevant service until the customer completes the payment process.
5.7: As stated during the order, no refunds will be made for domain name, SSL certificates and server services (co-location, dedicated, vps virtual servers).
6- Suspension
6.1: Softiz reserves the right to suspend all services provided to the customer and all e-mail, web and ftp accounts due to problems with payment, provision problems for customers with credit card payment orders or provisions and obligations.
6.2: During this situation, e-mail, web and FTP access cannot be made on behalf of the customer and e-mail accounts will be blocked and incoming e-mails will be rejected.
6.3: The maximum CPU (Processor) and RAM (Memory) usage rate per site hosted on all our servers is 15%. User accounts exceeding 15% will be suspended after the first warning.
6.4 Both copyrights and T.R. on our servers. It is forbidden to contain content that violates the law. This content; Hack, Crack, Warez, Adult and MP3 content included.
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 your software.
6.6 Accounts detected to be spamming (sending unsolicited mail) or phishing on our servers are permanently closed following notification from the relevant institutions regarding these activities.
7- Termination
If the customer violates any article of this agreement and does not fulfill its responsibilities and commitments, or if it is determined that the information declared on the front of this agreement is not correct, and if the suspension of the above-mentioned agreement continues for more than 7 days, Softiz will be suspended without any warning or notification. has the right to terminate the contract unilaterally.
After such termination, the customer; He declares, accepts and undertakes that he cannot claim back the last contract fee he paid, regardless of the remaining period, and that he will pay commercial punitive damages 5 times the equivalent 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 gives a written warning 10 days before the contract ends with the normal period.
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 one lump sum and in advance.
30 days after the expiration of the contract, Softiz has the right to delete the files belonging to the account.
In server hosting services, even if the service is suspended due to payment, the invoice will continue to be generated if the server is not received from the data center. The customer declares, accepts and undertakes to pay all invoices.
8- Contact and information addresses
8.1: The parties accept, declare and undertake that the postal addresses specified in the order address are their legal residence for all notifications arising from the contract.
8.2: Any notification made to these addresses will be deemed to have been notified even if the parties do not receive it. Unless changes to these addresses are notified to the other party in writing, the old addresses will be valid.
8.3: Softiz may send messages, information, letters, warnings, payment notifications, account activity charts and account statements to the e-mail address allocated to the customer during the contract period. 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 the 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, Softiz may issue an invoice for the exchange rate difference or, if it wishes, may charge a monthly delay interest of 15% starting from the invoice date. The customer declares and agrees to pay this delay interest and exchange difference invoice.
9.2: If Softiz files a lawsuit or enforcement proceeding for any receivables arising from this agreement, the Customer shall be liable for a monthly delay interest of 15%, a penalty of 50% of the balance debt amount, a 10% Attorney's Fee and all other legal expenses. declares, accepts and undertakes to pay.
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 contract, Softiz is authorized to take an unsecured Precautionary Seizure and Precautionary Injunction decision; however, when a guarantee is requested by the Courts, the commission and all kinds of commissions arising from the letters of guarantee to be received from the Banks. declares, accepts and undertakes that the fee will be paid by them and that they will not raise any objections to these issues.
10- Competent 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 completed when the order is sent to Softiz online). Softiz may add, remove or make changes to new articles and/or subheadings if deemed necessary. The Customer declares and undertakes that he/she has accepted these changes in advance.
10.2: Izmir Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this agreement.