Distance Sales Agreement

This is a translation for convenience. In case of any conflict, the Turkish version of this agreement prevails and is the binding text.

Article 1 — Parties

Provider: SSH BULUT SUNUCU MERKEZİ ANONİM ŞİRKETİ, Hadımköy Mah. Prof. Mehmet Bozkurt Cad. Örmeci Çorap No: 5 İç Kapı No: 2, Arnavutköy / İstanbul 34000, Türkiye — MERSIS 0781116965900001, Büyükçekmece Tax Office 7811169659, telephone +90 212 000 00 00, e-mail info@sshbulut.com, KEP sshbulut@hs01.kep.tr. Referred to below as the "Company".

Customer: The natural or legal person whose name, address and contact details are recorded with the order.

Article 2 — Subject

This agreement governs the rights and obligations of the parties in respect of the hosting and related services ordered electronically at https://www.sshbulut.com. The Pre-Information Form approved on the order screen forms an integral part of this agreement.

Article 3 — Service and price

The name, scope, term and price of the service are set out in the order record and in the order confirmation sent to the Customer. Prices include Value Added Tax. Prices may be displayed in US dollars or euros; payment is collected in Turkish lira using the Central Bank of the Republic of Türkiye foreign exchange selling rate published on the day the order is placed.

Article 4 — Provision of the service

Services supporting automatic provisioning are prepared immediately upon payment approval; manually provisioned services within 3 business days at the latest. The Company provides the service with the uptime target set out in the Service Level Agreement.

The Company may carry out planned maintenance for the upkeep, updating and security of the infrastructure. Planned maintenance is announced at least 48 hours in advance by e-mail or panel notice. In urgent situations such as a security vulnerability, an attack or a hardware failure, maintenance may be carried out without prior notice; notice is then given as soon as possible.

Article 5 — Customer obligations

1. The Customer confirms that the information provided is accurate and current and undertakes to update it without delay. The Company is not responsible where the service cannot be supplied because of incorrect or incomplete information.
2. The Customer is responsible for the confidentiality of account and server credentials. Transactions carried out with those credentials are deemed to have been carried out by the Customer. The Company recommends enabling two-factor authentication.
3. The Customer may not use the service in breach of the Terms of Service or applicable law. The Customer alone is responsible for the content hosted and for all civil and criminal liability arising from it.
4. Backups. Backing up data is the Customer's responsibility. Backups taken by the Company are for operational purposes, do not create a backup commitment towards the Customer and are not guaranteed to be restorable. Where a separate backup service has been purchased, the terms of that service apply.
5. The Customer may not transfer the service to third parties or sublet it. Reselling is possible only under plans offered for that purpose and with the Company's written approval.

Article 6 — Payment, default and suspension

1. Renewal fees are collected before the end of the current term. The renewal date and amount are notified at least 7 days in advance.
2. The Company may change prices with effect from renewal periods. Changes are notified at least 30 days before they take effect. If the Customer does not accept the new price, the service may be terminated before the renewal date; any prepaid and unused amount is refunded.
3. Services whose fees are not paid when due may be suspended 7 days after the due date. At least one reminder is sent before suspension.
4. If payment is not made within 30 days of suspension, the service is terminated and its data is permanently deleted. During that period the Customer may request a copy of the data.
5. Domain renewals are subject to the registry's schedule. The Company is not responsible for the loss of a domain that is not renewed in time.

Article 7 — Right of withdrawal

A Customer who qualifies as a consumer may exercise the right of withdrawal within 14 days of the conclusion of the contract. However, for services performed instantly in the electronic environment whose performance has begun with the Customer's express consent, the right ends upon completion of performance. Details are in the Pre-Information Form and the Cancellation and Refund Policy.

Article 8 — Limitation of liability

1. The Company's liability under this agreement is in all cases limited to the fee paid for the affected service in the month in which the loss arose.
2. The Company is not liable for indirect losses such as loss of profit, loss of business, loss of reputation or failure to achieve expected savings, nor for the loss of data the Customer is obliged to back up.
3. The Company is not liable for losses arising from software installed on the server by the Customer or third parties, configuration errors, malware infection, or the Customer's failure to protect its credentials.
4. These limitations apply without prejudice to liability arising from the Company's wilful misconduct or gross negligence and to the mandatory provisions of consumer law.

Article 9 — Force majeure

In circumstances outside the parties' control — natural disaster, epidemic, war, terrorism, cyber attack, general failures in electricity and communications infrastructure, changes in legislation and administrative decisions — the affected party is not liable for failing to perform. If force majeure lasts longer than 30 days, either party may terminate the agreement without compensation.

Article 10 — Personal data

Personal data is processed in accordance with Turkish Personal Data Protection Law no. 6698. See the Data Protection Notice and the Privacy Policy. In respect of personal data the Customer hosts on its servers, the Customer is the "data controller" and the Company is the "data processor".

Article 11 — Termination

The Customer may terminate the service at the end of a term; no refund is made for the unused period where termination occurs during a term. The Company may terminate the agreement for breach of the Terms of Service, failure to pay, or unlawful use. Where use directly endangers other customers, the infrastructure or third parties, termination and suspension of access may be applied without notice.

Article 12 — Notices

Notices between the parties are sent to the e-mail address registered in the Customer's account and are deemed served when sent. The Customer is responsible for keeping that address current.

Article 13 — Governing law and disputes

For Customers who qualify as consumers, the Consumer Arbitration Committees and Consumer Courts have jurisdiction within the monetary limits set annually by the Ministry of Trade. For Customers who are merchants or public legal entities, the Istanbul (Çağlayan) Courts and Execution Offices have jurisdiction. This agreement is governed by Turkish law.

Article 14 — Effect

This agreement, consisting of 13 articles, is concluded and takes effect when the Customer approves it electronically on the order screen. The approval date and IP address are stored with the order. A copy of the agreement is sent to the Customer with the order confirmation.