These General Terms of Service (Terms) will be applied to a contract (Contract) between Zeyrek Teknoloji LTD, a Turkish private limited company with VAT registration number 9981326840 (xcPanel), address Str.Güzeltepe Mahallesi Abidin Daver Sokak Sefer Apartmanı 7/1 Çankaya/ANKARA/TURKEY, and a customer (Customer) to whom xcPanel provides cloud-based infrastructure and software services for the Customer's commercial purposes (Services).
The Contract is created when xcPanel receives an appropriately filled-in registration or order form (Order) which the Customer has submitted through a registration and/or purchasing procedure at xcPanel's website. In connection with the registration procedure the Customer will create a service account. The Contract is comprised of the Order, service descriptions attached or referred to in the Order, and these Terms.
Provision of Services.
xcPanel shall provide the Customer with the Services, which are specified in the Order. If the provided Services differ from the specifications, xcPanel shall correct the Services promptly after the notification by the Customer.
xcPanel shall provide the Customer's administrative users with technical support on the Services through phone, e-mail, and live chat. Contact details and service hours are provided on xcPanel's website.
Access to Service Account.
The Customer will be responsible for activities that occur under the Customer's service account, including actions taken by the Customer's employees and other representatives as well as their compliance with user instructions and the AUP. The Customer must promptly notify xcPanel if the Customer suspects that an unauthorized third party is using, or may have access to, the Services or the Customer's service account.
Third Party Software.
The Customer must comply with third party software license terms if the use of such software is offered by xcPanel for the provision of the Services, or if such software is obtained and uploaded in the Services by the Customer. Certain third party software cannot be uploaded by the Customer but must always be offered by xcPanel.
External Back-Up Copies.
xcPanel is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. xcPanel shall not be liable for loss of data under any circumstance.
Changes to Services.
xcPanel is entitled to develop its services and business offerings. If xcPanel considers that a change will have a material effect in the Services, xcPanel will notify the Customer at least 30 days before the change will be effected and reserve the Customer a possibility to terminate the Contract.
The prices of the Services are specified in the Order. Unless otherwise agreed, xcPanel charges the Customer in advance for each period of the Services according to xcPanel's price list which is valid at the time. Applicable value added tax and other duties will be added to the prices unless the prices are specified VAT inclusive.
xcPanel shall charge the Services on a pre-paid basis after the Customer has submitted the Order. Invoices are made available on the Customer's service account.
Refunds are accepted within 10 days of the date of purchase.
With this in mind, we have a 10-day Money Back Guarantee policy for anyone who is not completely satisfied with our services within the first 10 days of purchase. To receive a full refund please contact our sales department. When contacting our sales department to refund, please be ready to provide your name, account ID, and your contact information. All 10Gbps Performance Dedicated Servers and also accounts cancelled/terminated by xcPanel do not qualify for the 10 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation.
Privacy and Personal Data Protection.
xcPanel will comply with applicable privacy and personal data legislation.
Each party shall keep the other Party's confidential information as strictly confidential, shall not disclose it to any third party, and shall not use it for any unauthorized purposes. These obligations of confidentiality shall survive the termination of the Contract.
Intellectual Property Rights.
All intellectual property rights to the content uploaded into the Service by or on behalf of the Customer will remain the exclusive property of the Customer or its licensors. All intellectual property rights relating to the provision of the Services, including suggestions for improvements made by the Customer, will remain the exclusive property of xcPanel or its licensors.
In all respects the Services are provided on as-is and as-available basis, and xcPanel will not give the Customer any warranty or guarantee , express or implied, for the Services, including but without limitation to warranties of merchantability, fitness for any particular purpose, performance, or non-infringement. The parties expressly note that the Services are not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.
If the Customer has breached the provisions of the Contract or xcPanel has justifiable reasons to believe such a breach exists, xcPanel Servers may temporarily suspend the provision of the Services.
Termination for Convenience.
The Customer may terminate the Contract for any reason by issuing 5 days written notice to xcPanel. xcPanel may terminate the Contract for any reason by issuing 30 days written notice to the Customer.
Termination for Cause.
Either party may terminate the Contract with immediate effect if the other party has materially breached the provisions of the Contract and has failed to rectify the breach within a 15 days period from the receipt of a written notice thereof.
Entire Agreement and Amendments.
The Contract constitutes the entire agreement and supersedes all previous commitments between the parties in respect of the provision of the Services. All amendments to the Contract must be made in writing. xcPanel may modify these Terms and other contract documents by notifying the Customer in writing, such as by e-mail or by posting a revised document version on xcPanel's website. If xcPanel considers that a revision will have a material effect on the Contract, xcPanel will notify the Customer at least 30 days before the revision will be effected and reserve the Customer a possibility to terminate the Contract.
A failure by either party to enforce any provision of the Contract will not be deemed to constitute a present or future waiver of such provision. All waivers must be made in writing.
Force Majeure is an event that prevents, or makes unduly difficult, the performance of the Services or the fulfillment of the provisions of the Contract, such as war, rebellion, natural catastrophe, general interruption in energy distribution or telecommunications, fire, strike, embargo, or another equally significant and unforeseen event independent of the parties. Each party shall be entitled to suspend its duties without liability thereof in case of Force Majeure affecting the party either directly or through its subcontractor.
Should any provision of the Contract be declared unenforceable by a court of competent jurisdiction, the remaining provisions of the Contract will remain in full force and effect to the fullest extent permitted by law. The parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the parties.
Governing Law and Arbitration.
The Contract will be governed by the substantive laws of Turkey, with the exception of any conflict of law principles.
ACCEPTABLE USE POLICY
Scope. This acceptable use policy (AUP) is an integral part of the Contract between xcPanel and the Customer.
The Customer must comply with separate user instructions concerning the Services. The Customer shall provide reasonable cooperation with regard to investigations on suspected breaches of the Contract.
Customer's Legal Compliance.
The Customer must comply with applicable laws and regulations. For example, the Customer must have necessary rights to use the content which has been uploaded in the Service by or on behalf of the Customer.
Illegal or Offensive Use of Services.
The Customer is not entitled to use the Services for purposes which xcPanel deems to be illegal or offensive. If the Customer is uncertain whether or not its use of the Services could be deemed illegal or offensive, the Customer should contact xcPanel in advance and request permission. For example, xcPanel considers the following actions or content to be illegal or offensive:
Use of the Services in connection with fraudulent activities
Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations
Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence
Storage or transfer of, or linking to child pornography or content containing non-consensual sexual acts
Promotion of illegal material or products
Unauthorized access to, or attempting to access, systems, networks or data
Use of a user account or computing without the owner's authorisation
Collection of user information such as email addresses without the consent of the person identified (phishing)
Monitoring of network traffic or data without authorization
Mass Emailing. If the Customer wishes to use the Services for sending of bulk e-mail or other mass communications, the Customer must first receive xcPanel's written consent.
Disruptive Use of Services.
The Customer may use, investigate, and modify the operating environment of the Services only within the limits of the user instructions. The Customer may not use the Services in any way that causes security risks to the Service or interferes with the operation of the Services. For example, xcPanel considers the following actions to be disruptive on the operation of the Services:
Intentional or careless use of the Services in excess of a typically expected server load, such as continuosly high CPU or I/O use rate
Intentional or careless configuration of servers that enables unauthorized third party access or otherwise lacks adequate security requirements
Measures which are mainly aimed to circumvent, or interfere with, the monitoring, controlling, or charging of the Services by xcPanel
Zeyrek Teknoloji LTD