Service and Usage Agreement

SERVICE AGREEMENT

This agreement is valid for all services provided through our website. Individuals or legal entities who place an order must read the entire agreement before proceeding. This agreement consists of the terms and conditions and rules of the services provided by www.innovasoft.com.tr. If you do not accept the agreement, please cancel the order process as soon as possible. All customers who have placed an order or made a payment will be deemed to have accepted this agreement. Our agreements are fully available to you during the registration process and on our website.

1 - Service Provider and Parties

1.1 This agreement is between İnnova Sarf Malzemeleri Elektrik Elektronik Sanayi ve Tic. Ltd. Şti. (referred to as İNNOVA) providing the services mentioned in the services section (referred to as Services) and the person/entity (referred to as Customer) who registers on the Site, and will be considered signed in accordance with the conditions specified below by İNNOVA.

1.2 The parties must declare, accept, and undertake the accuracy of the information written in this agreement.

2 - Subject of the Agreement

2.1 The agreement will regulate the services İNNOVA will provide in return for the fees paid by the Customer based on the information provided during site operations, orders, messages sent, and registration. The descriptions of these services and processes are as follows.

2.2 Membership information is the information entered by the customer during the membership process. Since these details are used in transactions, it is assumed that the customer and member have entered this information correctly and completely, and transactions are carried out accordingly.

3 - Responsibilities of the Agreement

3.1 İNNOVA will provide the services requested by the customer. By sending the order acceptance message, İNNOVA will acknowledge receipt of the relevant fee and undertake to provide the service specified in the order.

3.2 Payment method, VAT differences, and the total amount to be paid based on the customer's monthly or annual payment preferences will be communicated by İNNOVA. If there is a "VAT included" statement at the bottom of the sales page, the system will complete the order without calculating VAT.

3.3 The customer will not hold the company responsible for defamation, negative criticism, or any such campaigns organized on the internet or other platforms. In such cases, the account will be deleted from the servers without question, and our company will not accept any responsibility.

3.4 The customer is responsible for paying the shipping fee for the invoice of the service received. If the customer does not pay the shipping fee and returns the shipment, the shipping fee will be reflected as an invoice in the customer's panel. If the customer insists on not paying the reflected invoice, the products and services in the invoice will be blocked until the invoice is paid.

3.5 The customer cannot hold us responsible for software issues not caused by us. Server services are provided unmanaged, and all responsibility lies with the customer.

3.6 The customer will receive the service they ordered within 48 hours at the latest after payment. If the service is not received within this time, they can request a refund if desired.

3.7 İNNOVA may use tools such as SMS or email to provide information, make announcements, and notify about campaigns. İNNOVA will use only the phone number and email address registered in the system for these notifications. If the customer does not wish to receive announcements or campaign details, they must inform İNNOVA by creating a support request through the system. İNNOVA will consider every registered customer as having accepted these notifications automatically.

4 - Delivery Time of Services

4.1 The rights and obligations of the parties begin upon submission of the order and payment to İNNOVA through the internet.

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

4.3 If the parties do not notify the expiration of the agreement at least 10 business days before the end of the agreement, it will be extended for the same duration as the previous agreement under the same terms and conditions. (Changes in fees are reserved.)

4.4 Hosting and reseller accounts are activated automatically by the system after payment approval. Since VDS, Dedicated servers, etc. require special setup, it is not possible to set them up in less than certain periods; VDS services are delivered within 24 hours, and Dedicated server services within 48 hours. Delivery time may vary depending on workload. Our average service delivery time is 24 hours.

5 - Fee Details of the Agreement

5.1 The fee to be paid for the services mentioned in the agreement is as specified during the order process. If the specified fees do not include VAT, VAT will be added later and calculated, then presented to the customer for collection.

5.2 İNNOVA reserves the right to change prices and tariffs in the future without prior notice. The customer accepts, declares, and undertakes any changes that may occur in these changes.

5.3 If the fee is given in foreign currency, it will be converted to Turkish Lira based on the Central Bank’s effective selling rate on the invoice date.

5.4 The fee must be paid by credit card if a payment instruction by credit card was provided during the order, or to the bank account numbers listed in the customer’s contact address or directly to İNNOVA if no credit card payment instruction was given, by the end of the 5th business day from the invoice date.

5.5 İNNOVA reserves the right to issue a foreign exchange difference invoice in case of payment delays.

5.6 İNNOVA reserves the right to suspend or activate the relevant service until the customer completes the payment process.

5.7 No refunds will be made for domain names, SSL certificates, and server services (colocation, dedicated, virtual servers) as stated during the order.

6 - Suspension of Services and Account

6.1 In case of payment issues, credit card problems for customers with credit card payment instructions, or issues related to terms and obligations, İNNOVA reserves the right to suspend all services provided to the customer, including email, web, and FTP accounts.

6.2 During this suspension, email, web, and FTP access will not be possible, and emails will be blocked and returned.

6.3 The maximum CPU and RAM usage per site on our servers is 20%. Accounts that exceed 20% will be suspended after the first warning. Special campaign or package CPU rates apply where specified. Sites or services exceeding CPU rates may be shut down or canceled by İNNOVA without notifying the customer if İNNOVA is in a difficult situation. Cron jobs cannot run in less than 60 minutes. All hosting packages will be suspended for 100% CPU usage that risks system activity. Hosting services cannot be used for file archiving purposes.

6.4 It is forbidden to have content on our servers that violates copyright or Turkish laws. This includes brute force, spam, DDoS, hacking, cracking, warez, adult content, and any files containing copyrighted material.

6.5 The security of all software on the server is the responsibility of the customers. İNNOVA is not responsible for any issues arising from Chmod 777 or related to your software.

6.6 If the customer does not pay the invoice by the specified payment date for server services, the service will be suspended for 1 to 3 days. İNNOVA is not responsible for any issues arising after the 1st or 3rd day. The customer must follow the payment cycle and make payments promptly on the due date.

6.7 DDoS attacks from our servers are prohibited. In case of such an incident, Hosting Dünyam reserves the right to cancel the service without consulting the customer.

6.8 Systems prohibited from being hosted on our services include (but are not limited to): toplists, erotic and pornographic sites, illegal content sites, IRC scripts/bots, proxy scripts/anonymizers, unauthorized software, image hosting scripts (e.g., Photobucket or Tinypic), autosurf/PTC/PTS/PPC sites, IP scanners, brute force programs/scripts/applications, email bombing/spam scripts, file hosting/reflector scripts (e.g., rapidshare), video distribution (e.g., youtube.com scripts), escrow/banking sites, HYIP sites, investment sites (e.g., FOREX, E-gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), selling any material without legal distribution rights, prime bank programs, fraudulent/fake systems, gambling/lottery sites (including promoting), MUD/RPG or PPBGs, disk-intensive programs, hate/obscene/racist sites, hacker-focused sites/archives/programs/forums (e.g., dark.net), illegal activity organizing sites, forums/web pages with illegal or copyright-infringing links, online gaming sites (e.g., Metin 2, Knight Online, League of Legends, Counter Strike), illegal and copyrighted film, series, etc., streaming, using server traffic, video broadcasting, hosting video on the server, using the server for archiving, mailer pro, phishing sites, Hosting Dünyam's own site and other contents.

7 - Termination of the Agreement

7.1 If the customer fails to fulfill their responsibilities and obligations or if it is determined that the information provided on the front of the agreement is incorrect, İNNOVA has the right to unilaterally terminate the agreement without any prior notice if the suspension of the agreement exceeds 3 days. In such a termination, the customer acknowledges, accepts, and undertakes that they cannot request a refund of the last contract fee paid and will pay a commercial penalty of 5 times the amount of the applicable contract fee.

7.2 The customer has the right to terminate the agreement by providing written notice 10 days before the end of the normal term of the agreement without providing any reason. If the agreement is terminated by the customer before the end of the term, the customer agrees to pay half of the fees for the remainder of the term in advance and immediately.

8 - Contact and Notification Addresses

8.1 The parties have accepted, declared, and undertaken that the postal addresses specified in the order address will be considered as their legal domicile for all notifications arising from this agreement.

8.2 Any notifications made to these addresses will be deemed as delivered, even if the parties do not receive them. Changes to these addresses will be valid only if communicated to İNNOVA in writing; otherwise, the old addresses will be considered valid.

8.3 İNNOVA may send messages, information, writings, warnings, payment notifications, account movement charts, and account statements to the customer's declared email address during the contract term. The customer cannot claim non-receipt or non-delivery of these electronic communications and acknowledges, accepts, and undertakes that these communications will be considered legally delivered one day after the sending date.

9 - Default in Payment

9.1 If the customer does not make the payment within 7 days following the application date for the services received, they will be considered in default. In this case, İNNOVA may issue a currency difference invoice or, if desired, demand a 25% monthly late fee from the invoice date. The customer agrees and accepts to pay this late fee and currency difference invoice.

9.2 If İNNOVA files a lawsuit or enforcement proceedings for any receivables arising from this agreement, the customer agrees, accepts, and undertakes to pay a 25% monthly late fee, a penalty equal to 50% of the outstanding debt, 10% for attorney's fees, and all other legal expenses.

9.3 If the customer applies to legal authorities for precautionary seizure or precautionary injunction for the collection of receivables from the agreement, İNNOVA is authorized to obtain precautionary seizure and precautionary injunction decisions without security. However, if the court requests security, the customer will pay all commission and fees arising from bank guarantees and will not raise any objections regarding these matters.

9.4 If payment for the received service is not made on time, İNNOVA has the right to suspend the service without notice. If payment is not made within one week from the due date, İNNOVA also has the right to irreversibly delete the service. Customers subjected to this procedure agree not to make requests such as backup and service restoration.

10 - Hosting Service Usage Conditions

10.1 On hosting servers (shared servers), each customer has a maximum right to use 25% of the CPU to ensure equal rights for everyone. Websites operating beyond the hosting capacity will be suspended with or without warning. İNNOVA is not responsible for any damages arising from this.

10.2 İNNOVA is not obligated to provide any information or communication regarding sites that have been suspended. All customers are considered to have read and accepted the terms of the contract in advance.

10.3 Using hosting servers for mailing services is prohibited. Email services can be used for individual purposes but cannot be used for corporate email dispatches. İNNOVA may place the site in suspend mode in such cases. Email services are not suitable for bulk email sending.

10.4 Using the hosting server for archiving purposes is prohibited. İNNOVA automatically deletes files larger than 10 MB from the servers.

10.5 Backups taken from control panels in hosting services are not considered as true backups. Backups must be downloaded to the customer's local computer or device. In the case of data loss, backups not downloaded from the control panel will not be functional. İNNOVA periodically backs up to remote servers but does not guarantee data recovery. The responsibility for backup is the customer’s.

10.6 The statement “disk limit is not specified” is only applicable to website files.

10.7 Disk usage with extensions such as tar.gz, jpeg, png, mp3, mp4, avi, pdf, etc., is prohibited. If this occurs, your site may be put into suspend mode.

10.8 Whether or not to provide backups of sites with overdue payments or suspended due to violations is at İNNOVA's discretion. İNNOVA may request an additional fee for backup delivery or may refuse it. The customer must be aware of the responsibility for backup.

10.9 Forbidden PHP functions in hosting services can only be enabled or installed after review by İNNOVA's server team. İNNOVA may refuse to process these requests.

11 - VDS – Dedicated – Game Server Service Usage Conditions

11.1 On VDS and Game Server servers (shared servers), to ensure equal rights for everyone, each customer is entitled to use a maximum of 50% CPU. Servers operating beyond the VDS and Game Server capacity will be suspended with or without warning. İNNOVA is not responsible for any damages arising from this.

11.2 Customers should be aware that they are using shared services on VDS and Game Server servers. In this service, where everyone has equal rights, Internet (Network) usage cannot exceed 100 Mbit/s. Servers exceeding this usage limit will be suspended with or without warning. İNNOVA is not responsible for any damages arising from this.

11.3 IP addresses used on VDS – Game Server – Dedicated servers may be subjected to announcement halting if there are SPAM – ABUSE reports. If the IP address poses a risk or is listed in spam lists, İNNOVA will automatically suspend the service. Providing information is solely at İNNOVA's discretion. If you encounter any spam issues or IP-based access problems with the allocated IP address, please report this through the Technical Support section on the system within 2 hours after the order.

11.4 For VDS – Game Server – Dedicated server services, İNNOVA does not take responsibility for backups or file retention since these are shared server services. The responsibility for backups in these services lies with the customer. Customers can utilize additional Backup services if desired. Backups for customers using our Backup services are stored on remote servers.

11.5 Customers using Backup services cannot hold İNNOVA responsible for any data loss or inability to access data. The customer must perform backups to local devices.

12 - Return Conditions

12.1 For return requests accepted by İNNOVA, if the customer cannot issue a return invoice, a deduction equivalent to the VAT rate will be made, and after deducting bank transfer/eft fees, the remaining amount will be refunded.

12.2 The customer cannot request a refund for credits loaded onto the system or for subsequent monthly/yearly payments made for extensions.

12.3 For hosting services offered only through Turkey, a 72-hour (3-day) return period is provided. Returns are accepted within this period; requests for returns after this period are not accepted.

12.4 The customer cannot request a refund for domain names, servers, software, licenses, and other services. Detailed return conditions are explicitly stated in our Return Agreement.

12.5 If a return request is made, İNNOVA reserves the right to process this request within a minimum of 5 days and a maximum of 1 month, depending on the company's current decision.

12.6 No returns are accepted for any promotional products. Products purchased with discounts or other monetary considerations are evaluated as promotional products.

12.7 İNNOVA reserves the right to stop, change, or modify the prices of promotions without notifying the customer.

13 - Fault Conditions

13.1 Since servers are electronic devices, there is always a risk of malfunction despite optimal conditions. Replacement parts for malfunctioning servers are provided by the data center.

13.2 İNNOVA is not responsible for damages arising from the time taken to obtain faulty or replacement parts for the server. The customer cannot claim any rights from the company during this period and must wait until the new or replacement part is provided.

13.3 Data recovery cannot be performed for disks that fall into a non-recoverable state due to RAID configuration errors. In such cases, the RAID will be reconfigured, and if backups are available, they will be restored. İNNOVA is not responsible for RAID configuration or software errors.

13.4 İNNOVA does not accept responsibility for data loss or damages experienced with managed services provided with server services.

13.5 İNNOVA is not responsible for servers becoming inactive during data center or IP changes. The activation period for devices during transfers is a minimum of 2 and a maximum of 5 business days.

14 - Authorized Courts and Enforcement Offices

14.1 This agreement consists of 14 articles and sub-articles and has been signed after being read and understood by the parties. (Signature is deemed to occur with the submission of the order to İNNOVA via the internet). İNNOVA may add, remove, or modify new articles and/or sub-articles if deemed necessary. The customer acknowledges and agrees to these changes in advance.

14.2 For customers receiving annual services, additional invoices may be issued due to changes in inflation rates during the year.

14.3 For any disputes arising from the application of this agreement, only Adana Courts and Enforcement Offices are authorized.