Service Agreement

1-Parties

This agreement is deemed signed between Ali Koyuncu (hereinafter referred to as Zumbak Hosting), who provides the services specified in the services section (hereinafter referred to as Services), and the person/entity specified with the details in the new customer registration section (hereinafter referred to as Customer), regarding the use of the website operating at the internet address https://zumbakhosting.com owned by Zumbak Hosting (hereinafter referred to as Site) and the services to be purchased through this site, under the following terms and conditions.

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

2- Subject

2.1: This agreement will regulate the sections that the customer is permitted to do and not do in their transactions, orders, and messages on the site, based on the information provided during the registration process, and the fees that the customer will pay to Zumbak Hosting in return for the services they will receive according to their preferences in their orders. These service and transaction descriptions are as follows:

2.2: Membership information is the information entered by the customer during membership registration. Since this information will be used in the transactions, it is assumed that the customer and member have entered this information accurately, completely, and correctly.

2.3: Zumbak Hosting may require the sharing of email, mobile phone, etc. contact information during registration, purchase, or similar transactions to send notifications, newsletters, or implement security protocols such as account verification, and may request confirmation of this information using methods such as verification codes, and may make these confirmation processes mandatory for the use of services.

2.4: Zumbak Hosting may send notifications or newsletters regarding its services using the contact information shared by the user during registration.

3. Delivery of Service

1: Purchased hosting, reseller hosting, virtual server VPS/VDS, and similar digital services are normally activated within 30 minutes after payment confirmation.

2: For orders requiring manual verification, the activation time may extend up to 24 hours.

3: Domain registrations are usually completed instantly, depending on the registrar's approval process, but some extensions may require additional documents and verification.

4: For dedicated servers, custom-configured servers, and services requiring custom installation, the delivery time is specified in the order details and may vary between 1-7 business days depending on technical requirements.

5: Public holidays, technical malfunctions, verification processes, and force majeure events may affect the delivery time.


6: Service information is sent to the email address the customer provided during registration, and this notification signifies that the delivery is complete.

Services are delivered within 24 hours at the latest after payment confirmation. Most services are automatically activated within a few minutes.

4- Responsibilities

4.1: Zumbak Hosting will provide the services requested by the customer as an order. Upon receiving the order acceptance message, Zumbak Hosting acknowledges receipt of the relevant fee and undertakes to provide the service specified in the order.

4.2: The payment method and VAT differences will be determined by the total amount calculated during the order process, and the fees the customer must pay according to their monthly or annual payment preferences will be communicated by Zumbak Hosting.

4.3: The service will commence after order acceptance and confirmation of transactions. The responsibility for the relevant accounts and passwords rests with the customer, and the customer will be liable for any damage or loss arising from these matters.

4.4: The customer undertakes to comply with the statements and warnings received from Zumbak Hosting within the scope of the service received. The customer declares, accepts, and undertakes to comply with all warnings or notifications issued by Zumbak Hosting while using the hosting account. The customer may not distribute or sell the services provided to them free of charge and without limitations within the hosting service they have received, to third parties, whether for a fee or free of charge and/or with limitations or without limitations.

4.5: The customer undertakes not to access files or programs to which they do not have access rights using the software and programs included in the service, not to create any problems due to such an issue, and to compensate for any damages that may arise.

4.6: The customer accepts and undertakes that all taxes, fees, and similar obligations that are in effect or will come into effect during the contract period, including the use of the domain name, hosting, or services received, belong to them and that they will bear them.

4.7: The customer accepts and undertakes that they are responsible for all files, documents, and programs hosted within the service, and for all transactions they will use and benefit from with the website and e-mail services, and that they will bear all legal and criminal responsibility that may arise from the illegality of said data, information, and statements. Zumbak Hosting cannot be held liable for any problems that may arise in this regard. Zumbak Hosting does not review, verify, endorse, or assume any responsibility for pages created by the user before they are sent. Zumbak Hosting may terminate user accounts for violating these guidelines or for any other reason, or if Zumbak Hosting believes that it is harmful to its own business or the business of any of its users. Zumbak Hosting has the right to delete illegal acts and actions without notifying the customer from the moment it learns of them.

4.8: Zumbak Hosting cannot be held responsible in any way for any material or moral damages that may arise from the content of customer data within the service it provides, the incorrect/malicious use of this content, or the email data sent and received. The responsibility for backing up and storing all data belongs to the customer. Zumbak Hosting cannot be held responsible for any errors, material or moral damages that may occur in the event of service interruptions or data loss.
4.9: Zumbak Hosting will handle the domain name registration process for orders placed by the customer and for which payment has been successfully completed. The customer is the owner of the registered domain name for which the registration request and payment have been made. Zumbak Hosting may perform actions on the domain name in accordance with the customer's requests. It will process any requests for modification, change, and transfer of the domain name by the customer as soon as possible.

4.10: Zumbak Hosting's liability for the services it provides is limited to the monthly fee for the service received. Any claims for compensation for any malfunctions, problems, or losses that may occur in customer service cannot exceed the monthly fee for the service.

4.11: Zumbak Hosting will show the necessary care and importance in maintaining regular backups of customer data. Backups of our hosting service are regularly maintained daily, weekly, monthly, and annually. Backups of all sponsorships and sponsored gift draws and similar non-free products are not made, however, Zumbak Hosting cannot be held responsible for any data loss the customer may suffer due to problems that may arise in this regard. The customer is responsible for regularly backing up their own data.


4.12: Zumbak Hosting may make changes to its products and services over time.

4.13: The customer is responsible for using the services received in a way that does not harm other users. Zumbak Hosting may warn the Customer and request corrections upon detection of such usage, or may temporarily suspend the service without prior notice.
4.14: The Customer accepts that the services are unlimited if they use all resources specified as Unlimited in good faith and in accordance with the general terms of use. In case of excessive use of server resources or use of resources for purposes other than their intended use, Zumbak Hosting may warn the Customer and request corrections, or may temporarily suspend the service without prior notice.
4.15: Zumbak Hosting may decide to terminate the service without any conditions, regardless of the content and scope of the product and service used. this case, the remaining balance of the service and product will be refunded to the user. If the Customer does not accept the refund or does not respond to the relevant notifications, the relevant balance will be reflected as a positive balance in their account.
4.16: Zumbak Hosting reserves the right to stop or completely cancel expired domain names, hosting, or other services it offers after the expiration of the term. There is no obligation to retain any data records after the cancellation of expired or unpaid services.

4.17: Zumbak Hosting fully complies with the terms and conditions of ICANN and the REGISTRAR companies that act as the main domain name producers in its domain name registration services. All responsibilities and processes in this regard are subject to the terms and conditions of the REGISTRAR companies. Domain name registration processes are managed by software systems, these software systems run on Zumbak Hosting and Registrar companies. In case of errors that may occur during this process due to malfunctions or access problems, the Customer is responsible for controlling the entire process, including registration, updating, editing, modification, and deletion.
4.18: Domain name registration, renewal, or editing processes are carried out through third-party software or manual processes. In case of errors arising from such processes, if the user notices the error or is warned by the registrar company, the customer is obliged to share these notifications with Zumbak Hosting. Zumbak Hosting is not responsible for any disruptions, damages, or losses that may occur otherwise.
4.19: Zumbak Hosting shares customer information with the Domain Operator or intermediary company during domain registration processes as it is mandatory for the registration process. In Domain Registration Services, the responsibility for changing and verifying the accuracy of WHOIS information, the responsibility for the domain registration password, and the responsibility for the transfer lock belong to the customer. In accordance with ICANN rules, Zumbak Hosting or domain operators may suspend the domain due to unverified WHOIS information. They may request documents to verify the WHOIS information.

4.20: In domain operations such as registration, transfer, renewal, whois, NS update, status change, etc., Zumbak Hosting applies the rules and agreements of the registrar it uses, along with the relevant ICANN rules. These rules may change over time. The user is deemed to have accepted all possible changes to these agreements and rules.

4.21: In resolving domain name disputes, Zumbak Hosting acts in accordance with the rules of the registrar. For resolving disputes in domain names such as .com, .net, .org, the UDRP process may be applied in accordance with ICANN rules. The user accepts that these clauses and processes may be applied to domain names hosted on Zumbak Hosting.

4.22: The Whois privacy service is preferred by users who want to protect their personal data or avoid being included in harmful spam lists. This service does not make the user inaccessible to legal authorities, and Zumbak Hosting does not allow this service to be used for illegal activities. Whois privacy protection service does not guarantee 100% privacy. Zumbak Hosting may disable or enable the Whois service independently of user request.
4.23: Zumbak Hosting reserves the right to change the terms and prices of domain registration services without prior notice. This change will take effect after the service renewal process for domains with annual payments. Current prices and terms will be clearly and completely stated during the renewal process. If the customer does not wish to renew or wishes to renew through a different company, Zumbak Hosting has the right to act within the rules set by the Registrar companies and ICANN.
4.24: Zumbak Hosting suspends domain names for customers who do not complete the renewal process on time. This suspension period varies according to the time determined by the domain name creator. During this period, the main customer who purchased the domain name can renew the domain name by paying the annual renewal fee and regain the right to use it. If the domain name is not renewed within this period, it will enter the REDEMPTION PERIOD. During this period, the rights to the domain name are no longer with the customer and are left to the discretion of our company and the registrar company. During this period, Zumbak Hosting or the Registrar has the right to sell the domain name to another company. Any existing or new customers who wish to reclaim the domain name during the redemption period can do so by paying a penalty fee that varies depending on the domain name provider, but averages around 100 USD. After the redemption period, if the domain name is not reclaimed, the process passes to the Registrar's discretion, and it is no longer possible to reclaim the domain name through Zumbak Hosting.

4.25: Domain name services are not a product that is sold, but a service for which the right to use is obtained for the duration of the payment. Therefore, if the fee is not paid within the expiration period of the domain name, these rights may pass to another person.

5-Duration

5.1: This agreement, along with the rights and obligations of the parties, commences upon the transmission of orders and payments to Zumbak Hosting via the internet.

5.2: The duration of the agreement is equal to the payment period selected by the customer during the order process for the relevant service.

5.3: If the parties do not notify each other of the termination of the agreement at least 10 business days prior to its expiration, the agreement shall be extended for the same duration as the previous agreement, under the same terms and conditions. (Changes regarding fees are reserved.)

6- Fee

6.1: The fee to be paid for the services specified in this agreement is the amount stated during the order process. VAT is added to the stated fees later and calculated accordingly, and the final amount is shown to the customer and collected.

6.2: Zumbak Hosting reserves the right to make prospective changes to prices and tariffs without prior notice. The customer hereby accepts, declares, and undertakes to abide by any changes that may occur regarding these changes.

6.3: The fee will be paid in Turkish Lira, converted to Turkish Lira using the effective selling exchange rate of the EnPara banking system on the order date.

6.4: The fee must be paid by the end of the 5th business day from the date of the final order, either from the credit card account if a credit card payment instruction was given during the order process, or to the bank account numbers specified in the customer's contact address or in cash to Zumbak Hosting if no credit card payment instruction was given.

6.5: In case of delayed payment, Zumbak Hosting reserves the right to issue an interest invoice.

6.6: Zumbak Hosting reserves the right to suspend or reactivate the relevant service until the customer completes the payment process.

6.7: The customer is obliged to notify Zumbak Hosting of the payments for the services received, regardless of the payment method. The order number, the name of the product or service paid for, and the payment method must be clearly stated in the notification.

7- Service Upgrade/Downgrade

7.1: Zumbak Hosting reserves the right to downgrade packages in all services it provides.
7.2: If automatic upgrades are not provided by the system in upgrade orders, the user is obliged to inform the system administrators of this situation.

8- Suspension

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

8.2: During the period this situation continues, email, web, and FTP access cannot be made on behalf of the customer, and email accounts will be blocked, and incoming emails will be rejected.

9- Termination

9.1: If the customer fails to fulfill its responsibilities and commitments by acting contrary to any clause of this agreement, or if it is determined that the information declared on the front page of this agreement is incorrect, and if the suspension of the above-mentioned agreement continues for more than 7 days, Zumbak Hosting has the right to terminate the agreement unilaterally without any warning or notice.
9.2: Following such termination, the customer; The customer declares, accepts, and undertakes that they cannot request a refund of the last contract fee paid regardless of the remaining period, and that they will pay a commercial penalty of 5 times the equivalent contract price in effect on the termination date. 9.3: The customer has the right to terminate this contract at the end of its term without giving any reason, provided that they give written notice 10 days before the normal expiration of the contract. 9.4: In the event that the contract is terminated by the customer before the end of the contract period, the customer declares, accepts, and undertakes to pay 1/2 of the fees to be paid until the end of the contract in full and in advance.

10- Contact and Information Addresses

10.1: The parties hereby accept, declare, and undertake that the addresses specified in the order address shall be their legal notification addresses for all notifications arising from this contract.

10.2: Any notification sent to these addresses shall be deemed delivered even if it does not reach the parties. Unless changes to these addresses are notified to the other party in writing, the old addresses shall remain valid.

10.3: Zumbak Hosting may send messages, information, notices, payment notifications, account activity statements, and account summaries to the email address assigned to the customer during the contract period. The customer declares, accepts, and undertakes that they cannot claim that the said electronic messages were not received or did not reach them, and that they shall be deemed to have been legally delivered.

11- Default in Payment of Wages

11.1: If the customer fails to make payment for the services received within 7 days following the application date, they will be considered in default. In this case, Zumbak Hosting may issue an exchange rate difference invoice, or, if it wishes, may charge a monthly late payment interest of 7% from the invoice date. The customer declares and agrees to pay this late payment interest and exchange rate difference invoice.
11.2: The customer declares, accepts and undertakes to pay a monthly late payment interest of 7%, a penalty of 50% of the outstanding debt, 10% attorney's fees and all other legal expenses in the event that Zumbak Hosting initiates legal proceedings or enforcement actions for any receivables arising from this contract.
11.3: The customer declares, accepts and undertakes that if Zumbak Hosting applies to legal authorities for provisional attachment and provisional measures for the collection of receivables arising from this contract, Zumbak Hosting is authorized to obtain a provisional attachment and provisional measure decision without collateral, but if collateral is requested by the Courts, the commission and all fees arising from the letters of guarantee obtained from banks will be paid by them and they will not raise any objections to these matters.
11.4: This contract, along with its 10 articles, This agreement consists of subheadings and has been read, understood, and signed by both parties. (Signing is considered to have taken place when the order is sent to Zumbak Hosting via the internet). Zumbak Hosting may add, remove, or modify clauses and/or subheadings as deemed necessary. The customer declares and undertakes that they accept these changes in advance. 11.5: The Istanbul Courts and Enforcement Offices shall have jurisdiction in resolving any disputes arising during the implementation of this agreement.

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