This agreement applies to services provided over the internet. It consists of the general service usage terms established between natural or legal persons and Netbioca Internet and Information Technologies. Before ordering any product through our website, you must fully read this General Service Agreement and the Service Usage Terms, which form an inseparable part of it. If you do not accept this agreement or any of its terms, please cancel your order process and do not place any order for any product or service.

1. SERVICE PROVIDER AND THE PARTIES

This agreement is concluded between Netbioca Internet and Information Technologies (hereinafter referred to as "NETBIOCA") and the customers purchasing the services provided by NETBIOCA (hereinafter referred to as the "CUSTOMER").

Address: Mithatpasa Mahallesi Bulent Ecevit Caddesi Westalife Residence Kat:5 Daire: 50, 67100 Zonguldak Merkez/Zonguldak

Phone: 0850 305 34 67

2. SUBJECT OF THE AGREEMENT

The subject of this agreement is the determination of the mutual rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and all other applicable legal regulations and practices regarding the purchase and sale of the services and products specified below (Article 6), which the Customer orders electronically from the NETBIOCA website. By signing, accepting, or approving this agreement electronically, the Customer declares and undertakes that they have read and understood this agreement together with the Service Usage Terms as an inseparable whole and that they will remain bound by all provisions, terms, additional or different records, conditions, and policies contained in this Agreement, including the updates and changes that NETBIOCA may make on its website from time to time.

3. INSEPARABLE ANNEXES OF THE AGREEMENT

The annexes of this agreement regulate the provisions of the Service Usage Terms and the conditions related to the services for all orders placed through the netbioca.com.tr website. This agreement forms an indivisible whole upon acceptance by the Customer.

4. TERM OF THE AGREEMENT

This agreement shall remain valid for the duration of any service commitment attached to it. If no additional service commitment is attached, the agreement shall remain valid for one payment period and shall automatically continue for successive payment periods unless one of the parties notifies the other otherwise.

5. PRODUCTS AND SERVICES SUBJECT TO THE AGREEMENT

The service subject to this agreement consists of the servers sent by the Customer for use in NETBIOCA's data center or of rented servers, virtual servers, hosting, and other services belonging to NETBIOCA, with the characteristics described in the agreement and with the sale price determined on the NETBIOCA website or by e-mail sent to the Customer. The Customer declares that they are informed about the essential qualities of the service, the sale price, payment method, delivery conditions, all preliminary information, and the right of withdrawal, that they have read and confirmed this information electronically, and that they then placed the order in accordance with the provisions of this agreement.

6. DELIVERY OF THE SERVICE, PLACE OF PERFORMANCE, AND METHOD OF DELIVERY

The service consists of the hosting of the Customer's server, NETBIOCA's rented server, hosting service, or a value-added internet service. The Customer will host these servers or services in NETBIOCA's data center in return for a fee or receive services from NETBIOCA's servers located in NETBIOCA's data center. These servers are kept in the server rooms of access providers with whom the Service Provider works. All information regarding the use of the service is delivered to the e-mail address included in the customer registration created by the Customer on the netbioca.com.tr website.

7. NETBIOCA'S RESPONSIBILITIES

NETBIOCA shall provide the services ordered by its customers if the payment has been made in advance. NETBIOCA is not obliged to provide services that have not been paid for in advance or that have been cancelled in bank records. After the order is accepted and the transaction is approved, NETBIOCA will send all information and passwords related to the ordered service to the customer by e-mail, and the service will be deemed to have started. The Customer is responsible for the accounts and passwords delivered to them and for any damage or loss arising from their use.

Within the limits of the service provided, NETBIOCA will receive its customers' technical questions in writing through its website and respond in writing. The scope of technical support is limited only to the service provided. The operating system and the software installed by the Customer on that operating system are outside the scope of technical support. If the Customer has not signed a Service Level Agreement, NETBIOCA will not provide technical support on those matters.

NETBIOCA is not responsible for interruptions caused by backbone providers of the internet, server failures, data centers, customer errors, maintenance work, or any force majeure event. NETBIOCA shall also not be liable for problems in its services arising from access providers and their data centers.

8. CUSTOMER'S RESPONSIBILITIES

The Customer accepts that the contact information they provide will only be shared if requested by official authorities in relation to an investigation or prosecution and hereby gives prior approval for such disclosure. The Customer also accepts that if an IP address is blocked pursuant to a court decision, even in cases where NETBIOCA is not the hosting provider or does not have the ability to intervene in the content, access to the Customer may also be blocked and NETBIOCA shall bear no liability in that regard.

Upon accepting the written offer sent by NETBIOCA, the Customer must create a customer registration electronically on the website and request the service. The Customer pays in advance for the service they wish to purchase. Invoices are issued monthly, quarterly, semi-annually, or annually depending on the type of service and the Customer's request. The day the service starts being used is the recurring due date.

The Customer accepts and undertakes to use the purchased service in accordance with the Service Usage Terms on the website. The Customer receives from NETBIOCA the passwords necessary for the management of the purchased service, manages the service themselves, and is therefore responsible for its security. The Customer accepts that they are personally responsible for all actions performed under the system-defined "Main User" or any user account they define themselves. The Customer undertakes not to send messages that constitute a crime or are deemed unlawful under applicable laws. In addition, no written, audio, or visual content published from NETBIOCA servers may violate the laws of the Republic of Turkey. Otherwise, all material and moral liability belongs to the Customer.

The parties shall not engage in conduct that damages the other's commercial reputation or dignity. The Customer's purchase of services from NETBIOCA does not grant the Customer any partnership, license, usage right, or access to NETBIOCA's intellectual and industrial property rights, commercial information, trade secrets, or knowledge regarding the internal functioning of the company and the content of the services provided. The Customer accepts, declares, and undertakes in advance that no information learned due to the service may be shared verbally or in writing with any third person or institution without NETBIOCA's explicit written consent.

All issues arising from the installation of information, documents, and software contained in, added to, or removed from the service, the configuration of licenses, and the use of software are under the Customer's responsibility, and NETBIOCA may under no circumstances be held liable for problems arising from these matters.

If administrative, legal, or criminal proceedings are initiated against NETBIOCA due to content published by third parties or the Customer or due to damages suffered by persons regarding information and documents within the service, the Customer is liable for all damages incurred by NETBIOCA. The Customer must compensate NETBIOCA in cash and in one lump sum within 5 business days following written notice.

NETBIOCA is not responsible for the information and content on pages or applications made available to the web through the Customer's service. In any negative or unlawful circumstance related to the content of the published pages or the software in which the Customer and third parties are involved, no liability may be attributed to NETBIOCA. If NETBIOCA is nevertheless held liable, it may suspend the service without prior notice.

The Customer accepts and undertakes that if they act contrary to the rules, NETBIOCA has the right, without any notice, to make the necessary interventions, remove the member from the service, and terminate the membership. The Customer further accepts, declares, and undertakes that in the event of purchases made using a stolen credit card, even if it is a single purchase and without being limited to the measures stated here, all domain names and other services registered or renewed on the Customer's account may be immediately cancelled, stopped, or terminated without any notice and without giving rise to any obligation to compensate damages, regardless of the amount paid for such services.

9. FEES, PAYMENT, AND REFUNDS

Following the offer made to the Customer, payment must be made in advance for the service to begin. The day on which the service is delivered becomes the recurring payment date and also the due date for the following payment period. If the Customer fails to make payment by the agreed due date, they shall be deemed in default. In this case, NETBIOCA may issue an exchange rate difference invoice and may also claim a monthly default interest of 10% starting from the invoice date. The Customer accepts and declares that they will pay such default interest and exchange rate difference invoice.

However, if the default interest rate applicable to commercial transactions under Law No. 3095 on Legal Interest and Default Interest is higher than the rate accepted in this clause, the parties agree that the statutory default interest rate for commercial transactions shall apply. The Customer also accepts, declares, and undertakes that if NETBIOCA initiates a lawsuit or enforcement proceeding for any receivable arising from this agreement, the Customer shall pay interest, attorneys' fees, and all legal costs in advance and without the need for any additional notice.

NETBIOCA is an e-invoice taxpayer. Official invoices are sent through the customer panel or to your e-mail address. Under the Tax Procedure Law, it is the legal responsibility of the Customer to declare correct information so that a lawful invoice can be issued for the purchased service.

The verification process for newly registered customers is carried out by Customer Services via phone, e-mail, and support notifications. No invoice is issued for unverified customers and therefore no service can be provided. In addition, customer panels of unverified customers remain restricted.

The refund period for our services is the first 15 days. For refund requests made after the first 7 days, it is a legal requirement that a return invoice be issued or that the return section of the e-invoice sent to you be completed and returned to us. The Customer is warned three times by e-mail for seven days regarding an overdue invoice. No further notice will be made through any other channel, and at the end of the seventh day the service is suspended. Data related to the suspended service is retained for 10 days and then permanently deleted. In the case of server colocation services, if the fee is not paid within the specified period, NETBIOCA has no ability or obligation to continue hosting and storing the devices. If the Customer cannot be reached or payment is not made within the given period, the device will cease to be under NETBIOCA's responsibility after 6 months, and the Customer accepts in advance that NETBIOCA shall not be liable for destruction, malfunction, or any other condition affecting the device.

NETBIOCA shall not be held liable for any damage or loss suffered by the Customer or caused to third parties due to services suspended or deleted because of non-payment.

Netbioca accepts payment through two different methods. In credit card payments, the system automatically activates the service. In bank transfer payments, invoices are approved manually by the accounting department due to possible issues on the bank side. To avoid any disruption, bank transfer payments must be reported through the customer panel or by e-mail together with the invoice number. If the Customer wishes to terminate the agreement before the end of its term, campaign discounts applied within the scope of the service shall be collected by NETBIOCA in one lump sum. The Customer may request a refund for purchased products or services within 15 days from the first payment date without giving any reason.

The refund guarantee applies only to newly purchased products and services provided by NETBIOCA. Domain name registration, license fees, SSL certificates, and similar products and services not produced by NETBIOCA are outside the scope of the refund guarantee. While refunds for Web Hosting and Reseller Hosting are made continuously, refunds for server rental, colocation, virtual server, and cloud server services are limited to the unused portion of the service. For customers receiving virtual data center services, internet access charges remain fixed during the contract term. Energy charges may increase according to tariffs applied by energy distribution companies, and cabinet fees may increase according to inflation indices.

In order for NETBIOCA to make a refund to the customer, it requests a return invoice from corporate customers and the invoice issued by NETBIOCA within the month in which the refund is requested from individual customers. Any costs related to sending such invoices are borne by the Customer. Refunds are made only through the same payment channel used for the original purchase, and it is not possible to refund through any different payment channel.

For companies that do not issue a return invoice and for individual customers who do not return the invoice issued by NETBIOCA, the refund is made after deducting taxes in accordance with the tax laws in force in Turkey. NETBIOCA reserves the right not to provide services to users who abuse the refund guarantee.

NETBIOCA reserves the right at all times to charge a reasonable service fee for tasks outside the scope of its regular services and for any additional service or product requests. These may include, without limitation, customer service issues that cannot be handled by e-mail and require personal service, disputes requiring special service, or legal consultancy and similar services that NETBIOCA must obtain on behalf of the Customer.

In cancellations and refunds related to purchased hosting or server services, the migration service purchased together with the hosting or server service is non-refundable. Where migration is provided free of charge for up to 10 domain names, if the purchased hosting or server service is cancelled and refunded within 15 days, the fee corresponding to the free migration service will be deducted from the refundable service amount.

10. TAXATION

All transactions carried out through NETBIOCA's website are taxed in accordance with the tax laws currently in force in Turkey. Any transactions arising from legal changes outside the scope of this agreement fall outside NETBIOCA's responsibility and shall be reflected to the agreement as they are. All responsibilities related to the Customer's bookkeeping and records under tax legislation belong to the Customer.

11. TERMINATION

The Customer may terminate the agreement in a new payment period by logging into the website and cancelling the service received, without making any further notification. For this to be possible, the due date of the service must not have passed. The Customer accepts and undertakes that they will not request any refund in relation to the expired agreement or cancelled service. NETBIOCA may terminate the agreement unilaterally at any time. If NETBIOCA terminates the agreement or stops the service, only the unused portion of the prepaid fee will be refunded to the Customer.

FORCE MAJEURE means events beyond the parties' control and will, outside their reasonable supervision, impossible to foresee in advance, and preventing or delaying the performance of the obligations arising from this agreement, including but not limited to war, civil war, terrorism, earthquake, fire, flood, and similar natural disasters. If such an event occurs, the affected party must immediately notify the other party without delay. In such a case, the parties shall jointly evaluate the situation, determine the measures to be taken, and implement them together. The parties shall not be held responsible for the failure to perform their obligations fully or on time due to force majeure. If the force majeure event continues uninterrupted for 30 (thirty) days, this agreement shall automatically terminate. However, rights and receivables accrued before termination shall remain reserved.

12. COMPETENT COURTS AND ENFORCEMENT OFFICES

Any disputes arising from the implementation of this agreement shall be resolved by the Courts and Enforcement Offices of Zonguldak. The parties also accept notifications made to the addresses and e-mail addresses provided under this agreement and undertake to notify the other party of any change in contact details within 7 days at the latest. Otherwise, notifications sent to the addresses or e-mail accounts provided during the agreement shall be deemed duly received.

13. ENTRY INTO FORCE

If payment is made for an order placed through NETBIOCA's website, the Customer shall be deemed to have accepted all conditions of this agreement. NETBIOCA is obliged to establish the necessary software infrastructure to ensure that no order can be placed unless approval is obtained from the Customer confirming that this agreement has been read and accepted on the website.