1. INFORMATION REGARDING THE SELLER
Commercial Title : Elastik Bulut Teknolojileri Girişim ve Ticaret Anonim Şirketi (Hereby referred to as “CLOUDEOS”)
Address : Büyükdere Caddesi Metrocity İş Merkezi No: 171 A Blok K:15 Levent – İstanbul
Telephone : +90 212 344 17 17
Fax : +90 212 344 08 84
E-mail address : email@example.com
2. SUBJECT OF AGREEMENT
The subject of this Sales Agreement Preliminary Information Form is the determination of mutual rights and obligations, usage and payment stipulations, within the scope of the Law on Consumer Protection, No: 6502 and the Regulation on Distance Agreements, No: 29188, in accordance with the information given by the CLIENT during registration to the website www.cloudeos.com regarding Internet Connection and the Lease of Virtual Servers (Product/Service) through the website.
3. INFORMATION REGARDING PRODUCT/SERVICE
PRODUCT: Defines the “VIRTUAL SERVER”, submitted for use through www.cloudeos.com with the hourly payment option of “pay as you go”. In 1 (one) month, one can be charged for a maximum of 672 hours of use. “1 month”, as used in this Agreement, should be understood as 672 / 24 = 28 days. In the event of the CLIENT using the Product/Service offered as a monthly package within the same month, they will be charged based on 672 hours, but if they use any less, they will be charged by the hour of use. Collection will resume unless the Virtual Server is erased.
INTERNET SERVICE: Defines the allotted “Data Transfer” available according to the Virtual Server selected by the CLIENT. The CLIENT is provided with a determined “Data Transfer” capacity depending on their selection with the service of Virtual Server of their choosing. These capacity rates are clearly specified in the Virtual Server selection screen and in the chart given in Article 5,1. Exceeding the amount of Data Transfer specified within the Virtual Server service has a fee of 0.025$ per Gigabyte.
PACKAGE: Defines the ready-to-use packages submitted for CLIENTS’ use through www.cloudeos.com containing Virtual Server and Internet service. Client is free to purchase a ready-to-use package or opt for hourly use.
4. MEMBERSHIP ACTIVATION AND PAYMENT
4.1 CLIENT can only pay for the Product/Service with a credit card. Payments through Wire Transfer and EFT system are not accepted.
4.2 CLIENT has accepted that they must provide their Name-Surname and e-mail address during registration, create a password and approve the e-mail they receive, and following the approval, provide the demanded supplementary information to create an account, that their credit card will be charged 5 American before the Product/Service activation, that this fee will be transferred as balance by CLOUDEOS to the CLIENT for the use of the Product/Services within www.cloudeos.com. With the successful completion of the payment, the account will be activated and the CLIENT will be able to continue their transaction and their shopping. CLIENT, after activating their account, can add a new credit card through the account control panel if they so want. For every credit card added through the control panel after the first one, 1 American Dollar will be charged as an activation fee and said amount will be transferred to the CLIENT’s account as balance and will be deducted from the service fee at the end of the month.
4.3 Product and Services will be activated following the Client registring to the system, creating an account, paying 5 American Dollars during registration to prove they are not a robot, selecting the requested Product and Service, reading and approving the Agreement and with provision being withdrawn from their credit card for future use. Otherwise, Product and Services will not be activated.
4.4 CLOUDEOS holds no responsibility and reserves the right to choose to activate or not activate CLIENT’s membership in the event of of any potential internet disconnection during account activation, any technical and software problems regarding banks and virtual pos services, any delayed payment to the CLOUDEOS bank accounts arising from intermediary companies providing collection etc.
4.5 CLOUDEOS reserves the right to provide or not provide Service/Product, to approve or not approve the membership activation regarding any CLIENT without any justification.
5.AGREEMENT PRODUCT/SERVICE, PRICING AND PAYMENT METHOD
5.1 The Agreement Products are “Virtual Server” and “Internet Connection Services”, and can be purchased per hour or as monthly ready-to-use packages by CLIENTS in accordance with their needs and selections. With the leasing of Virtual Server space, Internet Connection Services are also provided for an additional cost within the capacity provided by the Product/Service selected by the CLIENT or within the scope of the price list provided by CLOUDEOS. CLIENTS using the provided Product and Service in accordance with their selection is essential to CLOUDEOS. The CLIENT will pay in proportion to the space they have used/the service they have received.
5.2 Current prices can be seen on our website (www.cloudeos.com), usage fees having been specified as monthly ready-to-use packages and per hour. However, in the event of exceeding 672 hours of use in the same month, that fee for that month will be calculated over the amount of service exceeding the monthly package fee (without including bandwidth). “1 month”, as used in this Agreement, should be understood as 672 / 24 = 28 days. If the CLIENT selects a Windows server, they are obligated to pay 12USD per month as an additional licence fee. CLIENT will be charged said licence fee per hour in case of hourly use.
5.3 CLIENT accepts and undertakes that the Credit Card information registered to the system is correct and up to date, that the credit card registered to the system will be charged automatically at the end of each month by CLOUDEOS or intermediary companies for all the purchases made by the CLIENT. CLIENT is obligated to notify CLOUDEOS of any changes to the credit card information or expiry dates and in the event of the credit card registered to the system becoming unusable, to provide new credit card information. Unless the CLIENT notifies CLOUDEOS of the change, the Product/Service will automatically be charged, and any of the false, fake, wrong or flawed information about the CLIENT’s credit card, any and all legal, punitive and financial liability will belong to the CLIENT. If the payment cannot be collected, without any need for a warning from CLOUDEOS, the Virtual Servers will be deleted and terminated, Internet Connection Service will be concluded and the CLIENT will be pursued with legal proceedings in order to collect the payment. CLIENT has accepted that he has read and understood the contents of the article and will not have any indemnity claims under any name.
5.4 CLOUDEOS accepts and declares that the credit card information will only be used by CLOUDEOS to collect payment from the CLIENT and to share with licenced companies authorized to make online collections, to not share with any other institutions or persons. CLIENT accepts and declares approving said transaction within the scope of the Law on the Protection of Personal Data No:6698 for their credit card information to be processed and relayed by said companies only for purchases made through www.cloudeos.com website and subsidiary websites.
6.1 CLIENT accepts, declares and undertakes to have read the preliminary information regarding the fundamental properties of the Agreement Service/Products, price and payment method and delivery on CLOUDEOS’ website and to have given the necessary confirmation electronically. Before the CLIENT electronically confirming the Preliminary Information and conducting the distance selling agreement, the CLIENT accepts, declares and undertakes to have been completely and faultlessly informed about the address, the fundamental properties of the ordered Service/Products and their prices including tax, payment and delivery information by CLOUDEOS
6.2 If providing service through the website becomes impossible at the payment stage through no fault of CLOUDEOS, if any errors occur regarding service fee, explanation of service, properties of service etc. due to technical errors, then in accordance with Article 16, Subsection 4 of the Regulation of Distance Agreements, No: 29188 that went in effect on 27.02.2015; “In cases where performing the service or providing the ordered product becomes impossible, seller or supplier must notify the consumer in three days from when they have learned about the situation forward, in writing or via means of permanent data storage and if applicable, to refund all the collected payments including delivery costs in fourteen days at the latest from the date the notification was made forward.” CLOUDEOS has the right to cancel the order and refund any collected payment to the CLIENT in accordance with the abovementioned provisions.
6.3 CLOUDEOS admits to, within reason, having knowledge regarding internet and computer usage for the CLIENT’s services to be used actively and productively, along with having knowledge regarding which equipment and software can work with digital content.
6.4 CLOUDEOS cannot be held responsible for any financial or moral damages that can ocur through client data contents, the wrong/malicious use of these data along e-mail data that was sent and received within the service they provide. The obligation to backing-up and storing data belongs to the client.
6.5 CLOUDEOS cannot be held responsible for any financial or moral damages and errors that can occur when there is an interruption or data loss with their services.
7. RIGHT TO WITHDRAW, CANCELLATION AND REFUND
CONSUMER, in accordance with Article 9 Subsection 2 of the Regulation of Distance Agreements No: 29188, with a distance agreement regarding providing service, has the right to reject service and withdraw from the agreement within 14 (Fourteen) Days beginning from the day the agreement is conducted, without any legal or criminal liabilities, without the need for any explanations. In order to use the right to withdraw, CONSUMER must, in accordance with Article 11 Subsection 1 of the Regulation of Distance Agreements No: 29188, notify the SELLER either in writing or via any means of permanent data storage. CONSUMER can use the withdrawal form or make an open declaration stating their right to withdraw whilst exercising their right to withdraw. HOWEVER; CLIENT accepts and declares that they cannot use the RIGHT TO WITHDRAW as the Product and Services provided are within the scope of Article 15, Subclause Ğ of the Regulation for Distance Selling Agreements, dated 27.11.2014, published by the Ministy of Customs and Trade as “Agreements regarding incorporeal properties that are performed electronically or that are immediately delivered to the consumer”, and therefore are not considered within the scope of the RIGHT TO WITHDRAW.
8.1 CLOUDEOS accepts and declares that the personal information and credit card information will be used by CLOUDEOS to collect payment from the CLIENT in exchange for utilising the Product and Services within the scope of www.cloudeos.com, accessing the control panel and the abovementioned services and to share with licenced companies authorized to make online collections, to not share with any other institutions or persons. CLIENT accepts and declares approving said transaction within the scope of the Law on the Protection of Personal Data No:6698 for their credit card information to be processed and relayed by said companies only for purchases made through www.cloudeos.com website and subsidiary websites.
8.2 CLIENT accepts, declares and undertakes to not share any information of CLOUDEOS gained through performing the work within the scope of this Agreement and through hereby Agreement, whether said information is specified as confidential by CLOUDEOS or not, with any third party or institutions without written permission from CLOUDEOS, to protect the confidentiality of such information within the scope of the confidentiality policy. Otherwise, CLIENT accepts, declares and undertakes to recompense any and all damages CLOUDEOS suffers for this reason at the moment of the first request, at once and in cash.