Delivery and Returns
- DELIVERY OF THE SERVICE, PERFORMANCE PLACE OF THE AGREEMENT AND DELIVERY METHOD
The service is a server belonging to the CUSTOMER or a rented server or hosting service or a value-added internet service belonging to ADALYALED, and the CUSTOMER will host this server or services in ADALYALED’s data center for a fee, or in ADALYALED’s data center. It will receive service from ADALYALED’s servers. These server computers are kept in the system rooms of the access providers where the SERVICE PROVIDER has worked. The delivery of all information regarding the use of the service to the CUSTOMER is sent to the e-mail address in the customer record created by the CUSTOMER on the website www.adalyaled.com.
ADALYALED will provide the services delivered as an order upon the request of its customers, if the payment is made in advance. ADALYALED is not obliged to provide services for services that are not paid in advance or canceled in bank records.
After the order is accepted and the transactions are approved, ADALYALED will send all the information and passwords related to the service in the customer order details to the customer via e-mail and the service will start. The responsibility of the relevant accounts and passwords is the responsibility of the customer, and the customer is also responsible for the damage and loss that may arise from these issues.
ADALYALED will receive the technical questions of its customers in writing from the website www.icebergbilisim.com within the limits of the service it has provided and will respond in writing. The scope of technical support is limited only to the service provided; operating system, software that the customer has installed on this operating system are out of the scope of technical support. If the customer has not made a SERVICE LEVEL AGREEMENT, ADALYALED will not provide technical support on these issues. The customer must comply with the technical support terms in the terms of service.
ADALYALED, the service provided, the companies that make up the backbone of the internet, server failures, data centers or customer errors caused by failures and maintenance work, etc. is not responsible for any interruptions caused by force majeure.
ADALYALED is not responsible for any problems that may arise in ADALYALED’s services due to reasons originating from access providers and their data centers.
ADALYALED reserves the right to make changes in the contents and limitations of the service packages offered for sale.
In accordance with this contract, the personal data of the parties that are directly related to the conclusion of the contract can be processed in accordance with the Law on Protection of Personal Data No. 6698 and dated 24.03.2016. In this sense, the customer’s TR identity number, name, surname, e-mail address, address; If the customer is a legal entity, tax office and tax number information are also obtained. This information is necessary for the establishment and performance of the contract; With the signing of the contract, the customer has agreed to the processing and safe transfer of this data.
In addition, in accordance with the relevant law, the customer can apply to the data controller; learning whether personal data is processed, if personal data has been processed, “requesting after detailed examination by the senior management”, learning the purpose of processing personal data and whether they are used in accordance with its purpose, knowing the third parties in the country or abroad to whom personal data is transferred, personal data Requesting correction of them in case of incomplete or incorrect processing, requesting the deletion or destruction of personal data, requesting notification of the transactions made to third parties to whom personal data has been transferred, objecting to the emergence of a result against the person by analyzing the processed data exclusively through automated systems, has the right to demand the compensation of the damage in case of loss due to unlawful processing.
The CUSTOMER agrees that the contact information to be shared will only be shared by official institutions and if requested as a basis for a prosecution or investigation, and has already given consent for this. In addition, ADALYALED performs the “ip address blocking” process in accordance with the court decision, in cases where there is no hosting provider or there is no possibility to interfere with the content, upon a court decision. The CUSTOMER accepts in advance that even if it is not related to him, access to himself may be blocked as a result of the blocking of the IP address as per the court decision and in this case ADALYALED is not responsible.
Upon accepting the written offer sent to him by ADALYALED, the CUSTOMER should request the service by creating a customer record electronically on the icebergbilisim.com website. The CUSTOMER pays in advance for the service he/she wishes to purchase. Invoices according to the type of service; It is created on a monthly, quarterly, 6-monthly or annual basis, again at the request of the customers. The day the service started to be used
n is the recurring due date.
The CUSTOMER obtains the passwords required for the management of the service purchased from ADALYALED, manages the service himself, and is therefore obliged to ensure its security. He accepts that he is personally responsible for any action he will take under the name of “Main User” or “user defined by himself” defined in the system.
The CUSTOMER undertakes not to send messages of criminal nature and which are deemed unlawful by the provisions of the relevant law. In addition, any written, audio or visual content or material presented from ADALYALED servers cannot be contrary to Turkish laws. Otherwise, the responsibility for all material and moral damages arising or to arise belongs to the CUSTOMER. In addition, the parties will not engage in behavior that will harm each other’s commercial reputation and prestige. The Customer’s purchase of services from ADALYALED provides the Customer with the rights of ADALYALED arising from the Law of Intellectual and Industrial Rights Law, as well as commercial information, trade secrets, etc. Having information about the internal functioning of the company and the content of the services offered, partnership, right of use, etc. The Customer accepts, declares and undertakes in advance that the Customer does not have the opportunity to share any information learned due to the service provided without the express and written consent of ADALYALED, in writing or verbally, with third parties and institutions.
All problems that may arise regarding the installation, setting of licenses, and use of the information, documents and software in the service, added or removed, are the responsibility of the customers, and ADALYALED cannot be held responsible for any problems that may arise in all these details.
The CUSTOMER is responsible for all damages incurred by ADALYALED in the event that administrative, legal or criminal actions are taken against ADALYALED due to the content published by third parties or by the customer in the Service, or the damage to the information and document by individuals. The CUSTOMER has to cover the damages of ADALYALED in cash and at once within 5 working days from the written notification to be made to him.
ADALYALED will not be responsible for the information and content on the pages or applications that will be opened to the web environment through the service of the CUSTOMER. ADALYALED cannot be held responsible for any unlawful or unlawful situation involving the CUSTOMER and third parties regarding the content of the published web pages or the software, and ADALYALED may suspend the service received without any warning if it is held responsible.
The CUSTOMER accepts and undertakes that ADALYALED has the right to take necessary actions, remove the member from the service and terminate the membership without any warning, if he/she violates the rules.
In terms of the purchase made with the stolen credit card, even if the purchase made with the stolen credit card is a single purchase, and not limited to these measures, all domain names and other services registered to the Customer’s account or whose duration has been extended can be canceled immediately without notice. , accepts, declares and undertakes that all service items received, including the customer registration, can be canceled, terminated or stopped, regardless of the price, without causing any liability for damages.
FEE, PAYMENT AND REFUND
After the offer given to the CUSTOMER, if the CUSTOMER wishes to purchase the service, the payment must be made in advance in order for the service to start. The day the service is delivered is now the recurring payment date, and the due date of the next payment period. If the customer does not make payment in the specified time for the services he receives, he will be in default and will be deemed to be in default. In this case, ADALYALED may issue an invoice for foreign exchange difference or, if it wishes, may request a monthly delay interest of 10% from the invoice date. The customer declares and agrees to pay this delay interest and foreign exchange difference invoice. However, if the default interest rate to be applied in commercial transactions of the Law No. 3095 on Legal Interest and Default Interest is higher than the interest rate accepted with this article, the Parties agree that the default interest rate to be applied in commercial transactions will be applied as the default interest rate. they do. The Customer declares, accepts and undertakes to pay the interest, attorney’s fees and all other legal expenses in advance, without the need for a separate warning or notice, in case ADALYALED files a lawsuit or enforcement proceeding for any receivables arising from this contract. .
ADALYALED is an E-Archive Invoice payer. Official invoices are sent to your registered customer panel or to your e-mail address. In order to issue a legal invoice for the service purchased in accordance with the Tax Procedure Law, the information must be correct.
This declaration is the legal responsibility of the customer.
The verification process of our newly registered customers is done by the call center via Phone, E-mail and Support notification. Unverified customers are not invoiced and therefore service cannot be provided. In addition, the customer panels of unverified customers are limited.
The return period in our services is the first 15 days. It is a legal obligation to issue a return invoice for the return transactions to be made after the first 7 days or to fill in the return section in the E-invoice sent to you and send it to us.
The CUSTOMER is warned 3 times for 7 days by e-mail for the overdue invoice. Apart from this, the CUSTOMER will not be warned to fulfill his obligation through any other channel, and the service provided is suspended at the end of the 7th day. The data of the suspended service will be kept for 10 days and will be completely deleted after 10 days. In addition, in case of server hosting service, if the fee is not paid in due time, ADALYALED does not have the opportunity and obligation to host and store the devices. is; The CUSTOMER agrees in advance that ADALYALED will not be responsible for any situation such as destruction or malfunction of the device.
The CUSTOMER shall not hold ADALYALED responsible for any damage or loss that he/she will experience or cause to third parties regarding the suspended or deleted service due to the service for which he has not paid.
ADALYALED accepts payment with 2 different methods. For payments made by credit card, the system automatically activates your service. Due to the problems experienced by the bank in payments made by wire transfer-Eft, the accounting unit manually checks and approves the invoices. In order not to experience any problems, it is necessary to inform the email@example.com e-mail address made by wire transfer-Eft, together with the invoice number from which the payment was made.
If the CUSTOMER wishes to terminate the contract before the expiry of this contract, the campaign discounts made within the scope of the service provided are collected by ADALYALED at once.
The CUSTOMER may request a refund for the purchased products or services within 15 days from the first payment date without any excuse.
The money-back guarantee covers only newly purchased products and services provided by ADALYALED. Domain name registration, license fees, SSL certificates and similar products and services not produced by ADALYALED are not covered by the refund guarantee.
While refunds are made uninterruptedly in Web Hosting and Reseller Hosting services; server rental, hosting, virtual server services, cloud server services, refunds are made as far as the unused portion of the service.
In order to be able to refund the ADALYALED customer; It requests the return invoice from corporate companies and the invoice issued by ADALYALED within the month in which the refund is requested from individual users. The costs of sending invoices are borne by the customer. The refund of the payment is made through the payment channel where the payment for the new product or service purchased is made, and it is absolutely not possible to return it through a different payment channel.
Refunds are made for companies that do not issue a return invoice or for individual customers who do not return the invoice issued by ADALYALED. ADALYALED reserves the right not to provide services to users who abuse the refund guarantee.
ADALYALED always reserves the right to charge a reasonable service fee in terms of other duties outside the scope of its regular services and in terms of additional service or product requests. These include, but are not limited to, customer service problems that cannot be resolved via e-mail and require personal service, disputes that require special service, or legal consultancy, etc. that ADALYALED has to take in terms of the Customer. are services.
Internet access payments of customers who receive virtual data center service are fixed during the contract period. While the energy fees are updated immediately according to the price increases applied by the energy distribution companies, the cabinet fees are also increased to the PPI / PPI ratios every year.
All transactions made by ADALYALED on the website www.adalyaled.com are taxed according to the current Tax Laws in Turkey. All transactions arising from legal changes that will take place outside the scope of this contract are outside the responsibility of ADALYALED and are reflected in the contract exactly. In accordance with the Tax Laws, all responsibilities of the CUSTOMER regarding the registration order will belong to him.
In the new payment period, the CUSTOMER can log in via the icebergbilisim.com website.
can cancel the service and terminate the contract without any further notice. For this, the last payment date for the service must not have passed. The CUSTOMER agrees and undertakes that he/she will not demand any refund regarding the terminated contract or the canceled service. ADALYALED can always terminate the contract unilaterally. In the event that ADALYALED terminates the contract and stops the service, only the remaining part of the fee paid in advance will be returned to the CUSTOMER.
FORCE MAJEURE CAUSES, which develops beyond the control and will of the parties and is beyond the reasonable supervisory power, and which prevents and/or delays the fulfillment of the obligations of the parties under this contract, which cannot be predicted, but limited to war, civil war, terrorist acts, earthquake, fire, The occurrence of natural disasters such as floods will be considered as force majeure. When a force majeure event occurs, one of the parties must immediately notify the other party without delay. In the event of such a situation, the parties will evaluate together, determine and implement the measures to be taken together. The parties shall not be held responsible for failing to fulfill their obligations fully or on time due to force majeure. In case the force majeure situation continues for 30 (thirty) days without interruption, this contract will automatically become annulled. However, the rights and receivables of the Parties accrued before the termination shall be reserved.
AUTHORIZED COURTS AND EXECUTION OFFICES
Istanbul Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this contract. In addition, the parties accept notifications to the address and e-mail address they provide under this contract; They are obliged to notify the other party of changes in their contact information within 7 days at the latest. Otherwise, notifications or e-mail notifications to be sent to the addresses given during the contract shall be deemed to have reached the other party.
ARTICLES RELATING TO KVKK
Identity of Data Controller
ADALYALED Limited Company operating at address is the data controller. In accordance with the Law on the Protection of Personal Data No. 6698 (“KVKK”), any information that serves to make the identity of a natural person specific or identifiable is within the scope of personal data.
ADALYALED. We would like to inform you about the purposes of processing, legal reasons, collection methods, to whom and for what purposes your personal data may be transferred, and the rights granted to you within the scope of KVKK, both depending on them and independently of them.
Personal Data to be Processed
The information you enter during registration will be considered as “Personal Data”. This information can only be obtained in electronic environment with the customer registration form.
Purposes and Legal Reasons for Processing Personal Data
ADALYALED. Ltd. Şti. processes your Personal Data for the purpose of fulfilling its obligations and service contracts within the scope of all relevant national and international legislation, primarily Articles 253 and 254 of the Tax Procedure Law and Articles 82 of the Turkish Commercial Code, and the secondary regulations published by the competent authorities based on these.
Transfer of Personal Data to Third Parties and Abroad
ADALYALED Lighting Technologies Company, as an employer, within the framework of the security and confidentiality principles specified in the KVKK and the relevant legislation, as an employer, and abroad, indirectly or directly, provided that the necessary security measures are taken, our domestic or foreign subsidiaries or affiliates. Our partnerships will be able to share with domestic, foreign and international, public and private institutions and organizations, companies and other 3rd parties or other authorities, for which ADALYALED receives service, support and consultancy or cooperates or becomes a project, program and financing partner. In such a case, ADALYALED has established appropriate mechanisms to protect Personal Data. To get more information about the countries to which the data is transferred or the data transfer mechanisms applied, firstname.lastname@example.org can be contacted.
In the event that the payment for the order placed on the website of ADALYALED is made, the CUSTOMER will be deemed to have accepted all the terms of this contract. ADALYALED is obliged to make software arrangements to ensure that the contract in question cannot be placed on the site without obtaining confirmation that it has been read and accepted by the CUSTOMER.