Term Of Use Customer Agreement

PARTIES

This agreement is made between Veriyum Teknoloji A.Ş, located at Hilal Mahallesi, Cezayir Caddesi !%/A, Çankaya/Ankara, registered with Seğmenler Tax Office under tax number 9240476578 (hereinafter referred to as “Veriyum), and on the other side, the legal entity located at …………………………………………. with tax office …………………. .T.O. …………… and tax number ……………………………….. Legal Entity (hereinafter referred to as “Customer”), whose information has been obtained via the registration form for Veriyum Products and services offered for online sale through Veriyum‘s website (www.veriyum.net) or ordered via a phone, e-mail or in-person visit through a Sales Representative. The parties hereby agree to the following terms and conditions of use and service agreement (hereinafter referred to as the “Agreement”).
http://www.veriyum.net/

*If the customer is an individual, the Turkish Republic Identification Number shall be used as the Tax Number.

Article – 1 PURPOSE OF THE AGREEMENT

The purpose of Agreement is to define the terms and conditions regarding the purchase and use of any Veriyum Service, as specified in the Order Form accepted by Veriyum (hereinafter referred to in full as the “Plan(s)” and the customer account as “Your Plan/Plans”) and to determine the mutual rights and obligations of the parties, as well as the applicable terms. The “Customer Panel” refers to the online interface provided by Veriyum for the management of services obtained by the Customer from Veriyum. To use the Plan(s), the customer must register and accept the terms and conditions specified in this Agreement. By checking the empty checkbox next to the statement “I accept” (also know as the Agreement Box), the Customer declares that they have read this Agreement and accept acknowledge and undertake the terms and conditions contained herein. The Customer also acknowledge that purchasing the product or service online or via e-mail is equivalent signing this Agreement. In the event that this Agreement is acceptd online by the Customers, all information provided by the cUstomer in the Order Form during registration (or sent via e-mail) shall be deemed as the information required above. The Customer also acknowledges, declares and undertakes that all information provided online (or via e-mail) is accurate and truthfull.

Article – 2 RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1 Use of Plan(s):

The Veriyum Usage Policy (hereinafter “VUP”) outlines the general rules and procedures regarding the use of the plan(s). Veriyum’s Online Privacy Policy sets forth the provisions regarding how Veriyum will collect, store, process and use information related to the Customer’s use of the Plan(s). Veriyum’s Privacy Policy is available on Veriyum’s website and may be updated at any time updates will be notified at least one week in advance in the Update Schedule. By registering for the server, the Customer acknowledges that they are subject to the VUP and any changes made thereto and should carefully read the VUP. In the event that the Customer violates that VUP or this Agreement in any way, Veriyum reserves the right to terminate the Customer’s Plan(s) without prior notice.

2.2 Content-Related Requirements:

The use of the Plan(s) requires a certain level of knowledge regarding Internet Programming Languages, protocols, software, etc. This knowledge may vary depending on the use and content of the Customer’s website. The Customer or the Customer’s site administrator (webmaster) must possess the necessary knowledge to maintain the website, as providing such knowledge, offering consultancy or providing training-or delivering any customer service beyınd the Plan(s) agreed upon between the Customer and Veriyum isn’t within Veriyum’s reponsibilities.

2.3 Use of Allocated Resources:

The Customer accepts, declare and undertakes that they will not exceed the server resources allocated to the Plan(s) (such as bandwidth storage, e-mail usage, CPU, power and space allocation) during the use of the Plan(s). In the event that the Customer exceeds the predetermined and agree percentage or disk quota, or e-mail storage and attachment size limitations, Veriyum may, unless a separate addendum to this Agreement has been made, either charge the Customer additional fees, suspend the use of the Plan(s) or terminate this Agreement; the choice of action shall rest with Veriyum. If Veriyum chooses to terminate the Agreement without taking corrective measures, the Customer shall not be entitled to any refund for fees paid for services used or unused in advance. An activity in violation of applicable laws and constituting a criminal offense is strictly prohibited. Otherwise, Veriyum reserves the right to terminate the Agreement without compensation and without notice. It is the Customer’s responsibility to ensure that the scripts/programs installed on the Customer’s Account are secure and that directory access permissions are property configured.

2.4 Service Quality:

Veriyum is obliged to exercise all due care and diligence to provide high-quality and uninterrupted service; however, it doesn’t guarantee these. Veriyum shall not be held liable for damages arising from service interruptions, temporary delays or suspension of the Plan(s). It shall be presumed that Veriyum and its personnel have exercised all due care and diligence. The Customer who claims otherwise is obliged to prove such claim. If there is a separate SLA agreement attached to this Agreement, the service quality shall be within the framework specified in the SLA, and this clause shall be rendered invalid.

2.5 Employee Solicitation:

The Customer shall not contact Veriyum’s employees with the intent of employing them as its own personnel. In the event that the Customer hires any employee of Veriyum, the Customer shall be obliged to pay Veriyum compensation in the amount of 200.000,00 TL for each such employee.

2.6 Limited Liability:

Veriyum, its parent company, affiliates, subsidiaries and content providers shall, to the maximum extent permitted under applicable law, have no liability whatsoever for any direct, indirect, special, incidental, legal, financial, punitive or other damages incurred by users; including but not limited to damages arising from the use or inability to use Veriyum services or Plans; transactions carried out through Veriyum services or Plans; loss of profits, data or other intangible assets; costs incurred in obtaining substitute goods or services; unauthorized access; alteration of personal information or communications; messages received; the proper or improper performance of the site; the unauthorized creation of another Veriyum site; damages arising from service substitution or directory usage. This exclusion of liability applies even if Veriyum has been advised of the possibility of such damages and regardless of whether such damages arise from contract, negligence, tort, statute, equity, law or any other grounds.

2.7 Indemnification:

The Customer undertakes to hold Veriyum harmless and indemnify Veriyum against any and all liabilities, damages, claims, litigation costs, attorney’s fees and similar expenses that may arise directly or indirectly from the Customer’s use of the Plan(s) provided by Veriyum. In such cases, the Customer agrees that Veriyum shall be defended by an attorney approved by Veriyum.

2.8 Disclaimer:

The Customer acknowledges, declares and undertakes that Veriyum accepts no responsibility or liability for and has no control over, the content of the information passing through Veriyum’s servers, network hubs or the Internet. All services provided by Veriyum are offered “as is” and carry no warranties against performance loss that may occur due to failures related to computer harware, communication systems or similar causes.

2.9 Use of Web Wizard:

• Data entry to the website (such as text, photos, products, etc.) shall be carried out by the Customer. Unless otherwise specified, Verium doesn’t provide paid or unpaid support in this regard.
• Veriyum provides technical support (in the form of answering question) to customers via mobile switchboard during weekday working hours and via e-mail seven days a week.
• In Web Wizard Packages, the maximum response time for support is 24 hours.
• The Customer agrees that the website created with the Web Wizard Package will include a reminder notice of Veriyum’s copyright and related rights at the bottom of the site, along with a link to the Veriyum Website.
• The Customer may not send malicious or spam e-mails from Veriyum’s e-mail servers and accounts and agrees that no more than 100 e-mails per hour may be sent.

2.10 Promotions:

Veriyum may cancel promotions at any time. In the event that a prpromotion becomes contrary to the promotion terms and conditions, Veriyum reserves the right to remove such a promotion previously granted to the Customer’s account. The right to determine under which circumstances a promotion is deemed contrary rests solely with Veriyum. Upon renewal of the terms or the Customer’s account, the terms and prices of the Promotion shall not apply to the renewed terms or accounts. Any refund offered to the Customer by Veriyum through promotions may be rewuested by the Customer within 30 days from the date the promotion was granted. Any promotion request made otuside of the specified promotion dates will be rejected.

2.11 Enforcement:

Veriyum reserves the right to restrict or remove any content that violates the terms of this agreement, is objectionable, infringes upon the rights of third parties or has the potential to violate laws. Upon becoming aware of such violations of the terms, third-party rights or laws, Veriyum has the right to promptly (1) restrict the Plan(s), (2) suspend the Plan(s) or terminate the use of any or all of Veriyum’s hardware, and undertake similar corrective actions. However, the aforementioned rights do not obligate Veriyum to continuously monitor or supervise the information made accessible through the Plan(s). Veriyum isn’t obligated to refund any fees or chareges previously paid by the Customer prior to taking corrective actions.

2.12 Disclosure:

In compliance with legal obligations or upon request from the government or in order to protect Veriyum‘s systems or it customers or to maintain the quality, functionality and integrity of Veriyum‘s business and hardware, Veriyum reserves the right to disclose any information it deems necessary or appropriate from its systems, including but not limited to user profiles (name, e-mail address, etc.) usage history, materials and similar data. Veriyum also reserves the right to report any activity suspected to be in violation of laws or regulations to the relevant legal authorities, inspectors, prosecutors or applicable third parties.

2.13 Indemnification:

The Customer agrees, declares and undertakes to be liable for and, upon demand, immediately and fully compensate Veriyum, its affiliates, resellers (and each of their employees, officers, and representatives) in cash for any and all legal consequences, damages and expenses, including attorney fees, litigation and enforcement costs, arising from: (1) the Customer’s breach of or failure tp comply with any provision, condition or warranty of this Agreement or any applicable policy; (2) the Customer’s improper or unlawful use of the Plan(s); or (3) the Customer’s infringement, alleged infringement or misue of any intellectual property (including but not limited to trademarks, copyrights, patents, trade secrets and similar rights) or the rights of any third party.

2.14 Service Availability Guarantee:

Veriyum guarantees that its servers will be accessible 99.5% of the year. During the remaining 0.5% of the year, servers may be inaccessible due to the following interryptions: software installation or updates, hardware installation or maintenance, bandwidth failures, system reboots or other essential situations deemed appropriate by Veriyum. For maintenance, repairs, updates and similar situations other than failures, Veriyum will provide notice within the Veriyum customer panel at least one week in advance. However, this guarantees shall not apply in cases where servers are inaccessible due to: failures of the Customer’s own service provider, failures in the Internet backbone or technical equipment of Turk Telekom,Superonline or any Data Center partnered with Veriyum, DDoS or other denial-of-service attacks, customer negligence during file uploads, mis-configured DNS settings, domain expiration, errors made by the Customer through th Control panel or ant other situation caused by the Customer. If Veriyum’s infrastructure remains off-line for an extended period of time outside of the specified maintenance and repair activities, Veriyum will compensate for the duration that the server was unavailable. Furthermore, if Veriyum fails to meet its commitment to maintain 99.5% uptime per year, one month of free service will be added the Customer’s subscribed Plan(s). Guidelines regarding such compensation will be announced on our website.

2.15 Advertising:

Veriyum shall be exempt from any obligation to provide compensation, payment or reward and may use the Customer’s name or the fact that the Customer is a Veriyum client-unless otherwise specified-for advertising and promotional puposes or for portfolio purposes in similar materials distributed or presented to current or potential customers.

2.16 Refusal of Service:

Veriyum reserves the right to refuse to provide services to any Custormers at any time and without providing a reason.Veriyum‘s failure to exercise its rights set forth in this Agreement within the specified periods shall in no way be construed as a waiver of such rights.

Article – 3 GENERAL PROVISIONS

3.1 Amendment/Update of the Agreement:

Veriyum reserves the right to unilaterally amend or update the provision of this Agreement at any time. Veriyum also reserves the right, from time to time and at its sole discretion, to determine how and when such amendments will apply to both current and future Customers. Any amendment or update shall be deemed effective as of the moment it is recorded on Veriyum’s website. The Customer’s continued use of acceptance of any such amendment or receiving services under these revised terms.

3.2 Entire Agreement:

This Agreement constitutes the entire agreement between the Customer and Veriyum and includes all contracts, protocols and supplementary agreements. Accordingly, unless incorporated into this Agreement, any previously executed contract, protocol, or supplementary agreement shall have no legal affect. By signing this Agreementi the Customer acknowledges and agrees that any and all other contracts commitments, promises, representations, protocols, supplementary agreements, or similar arrangements shall become null and void, and only this Agreement shall remain valid and enforceable.

3.3 Laws:

This Agreement in its entirety shall be governed by the laws of Republic of Turkey. The Customer is obliged to comply with all applicable laws and regulations and to hold Veriyum harmless from any damages that may arise from the Customer’s failure to comply with them. The Customer agree that, in the event of any situation that violates existing or future laws, regulations, or government policies, Veriyum cannot be compelled to fulfill its obligations under this Agreement. The Customer may not use the Plan(s) is connection with the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or rockets or in any way that constitutes a crime or violates all applicated legal regulations in Turkey regarding import and export. The Customer represent and warrants that they do not reside in, are not a citizen of, are not located in, and are not under the control of any country that is subject to an embargo or commercial restrictions imposed by the Republic of Turkey, the Undersecretariat of Treasury, or any other relevant authority.

Pursuant to the third paragraph of Provisional Article 1 of the “Regulation Regarding the Granting of Activity Certificates to Access Providers and Hosting Providers by the Telecommunications Authority,” published and entered into force on 24 October 2007, existing hosting providers must apply to the Telecommunications Communication Presidency within the Telecommunications Authority within 9 months from the date of publication of the Regulation in order to obtain a “Hosting Provider Activity Certificate.” In this regard, a customer receiving dealership services is obliged to submit a “Hosting Provider Notification.” Likewise, any Legal Entity receiving server hosting or dedicated server services must either obtain a “Hosting Provider Notification” or submit to the Authority, at the end of each month, the domain name information hosted on its servers. A customer receiving server hosting or dedicated server services must also retain logs for not less than 1 year and not more than 2 years, or apply to Veriyum for their retention, and the responsibility for making such application and for providing the log stream in the format required by Veriyum lies with the customer.

3.4 Licensing:

A customer receiving server hosting, dedicated server, or On-Premise services is obliged to fulfill the copyright responsibilities for the software used on its servers. Customers using Microsoft services are required to obtain monthly rental licenses under the SPLA model provided by Microsoft. Pre-purchased, OEM, or other licensing models are not valid in hosting services pursuant to the Microsoft License Agreement. Veriyum is authorized to provide SPLA licenses upon the Customer’s request. The Customer, upon request, accepts and undertakes to comply with Microsoft’s rules in any license audit that may be required by Microsoft.

3.5 Validity of Agreement:

If any of the provisions this Agreement are found to be illegal, invalid, or unenforceable for any reason, such provision shall be deemed server-able, and only that provision shall be considered invalid. This shall not affect validity and enforceable of the remaining provisions of the Agreement. In the event of such invalidity, Veriyum’s liability towards the Customer shall be limited to the amount paid by the Customer for the service. The Customer must claim this amount within 3 months following the date on which the relevant provision is deemed to have waived the right to a refund arising from the invalidity of the provision.

3.6 Warrantie and Representations:

The Customer hereby accepts, declares, and undertakes to Veriyum that: (1) they are 18 years of age or older, (2) they have the legal capacity to sign this agreement for a legal entity, (3) they will use their Plan(s) only for legal purposes and in accordance with this Agreement and all related policies and rules, (4) they will be financially responsible for their Plan(s), (5) they will not link to illegal sites, (6) they confirm the accuracy of any content, claims, assurances, guarantees, manner of work or work address, and similar materials that are made accessible, usable, or distributed by others through the use of their Plan(s), (7) the content will not violate any third party’s rights (including intellectual property rights) or any applicable laws, regulations, or rules, and in particular, they will act in accordance with the regulations of the Turkish Criminal Code, the Law on Intellectual and Artistic Works, and Turkish Legal Legislation, otherwise they accept in advance that all material and/or moral, legal and criminal liability will belong to them.

3.7 Schedule:

The Customer is responsible for regularly checking the calender in the Veriyum Customer Panel for any announcements made by Veriyum. Any disruptions, damages, or similar consequences arising from the Customer’s failure to monitor the calendar shall be the sole responsibility of the Customer.

Article – 4 PRICE and PAYMENT:

4.1 Payment:

Veriyum’s Plan(s) are not based on a “subscription” systems; they are subject to fees as of the commencement of the service. All fees required for the Customer’s Plan(s) shall be paid to Veriyum at the time begins to provide the service, in accordance with the most current prices of the Plan(s). Immediately upon registration, the Customer is required to make payment or the Plan(s) using either a credit card or bank transfer. By making payment fot the Plan(s), the Customer authorizes Veriyum to process any charges related to the Plan(s). In the event that payment is made by credit card, the Customer is obliged to notify Veriyum of any changes to the card information (such as card, number, expiration date, cancellation to the card, billing address, etc.) that may prevent Veriyum from collecting the service fee from the Customer. Bank transfer may be arranged and sent, as required, via the Payment Information section available on the website.

4.2 Fees::

The Customer will be subject to non-refundable additional charges if they use extra services beyond the plan such as additional energy, volume, Internet bandwidth, file transfers exceeding the Plan(s) limit, or disk quota overages and similar out-of-plan services. The Customer accepts, declares, and undertakes to pay all fees arising from the use of their Plan(s), including taxes applied to these fees, according to Veriyum‘s prices on the date of use. The Customer is also obliged to pay all taxes such as Value Added Tax (VAT) and similar taxes. The stamp duty arising from the agreement is paid by Veriyum and invoiced to the Customer. The Customer is not responsible for paying taxes related only to Veriyum‘s income. Veriyum reserves the right to collect from the Customer any Special Communication Tax (SCT) that may be added/addable by the government to Internet services in the future, starting from the beginning of the payment period. The proforma fees appearing in the Customer Panel may vary due to exchange rates (only for foreign currency-priced products) and are for informational purposes only. The proforma is not a real invoice and is converted into an official invoice after payment is made. Veriyum reserves the right to make changes to prices and fees at any time, and these changes and adjustments will take effect immediately without additional notice to the customer when updated online in the customer panel or on the website.

4.3 Delay in Payment:

If the Customer defaults by not paying the service fee on time, they are obliged to pay a late fee of 5% of the invoice amount for each month for delayed payments, starting from the invoice date. “The default date begins 15 days after the invoice date. Veriyum” does not need to make any additional warning or notification to put the customer in default. The Customer’s Plan(s) may be suspended by Veriyum until payment is made. If payment is not made for 45 days, the Plan(s) will be terminated. Termination of the Plan(s) under these or any other conditions does not give the customer the right to not pay the fees they were previously obligated to and the interest accrued before termination. Veriyum “’s enforcement proceeding for its receivables, the Customer is obliged to cover all kinds of expenses including attorney fees, litigation and enforcement costs, and similar expenses. When requesting the reopening of terminated or suspended Plan(s) for later file retrieval, the customer must pay a reconnection fee of 1,000 TL + VAT”, which allows the account to remain open for no more than 24 hours. Additionally, the reopening fee for Plans such as Virtual Server, Dedicated Server, Server Hosting, Cabinet allocation is 700 TL + VAT. The reactivation fee for Plan(s) suspended due to delay is 500 TL + VAT. Activation and late fees are added to the next invoice for MONTHLY Plan(s). For different payment Plan(s), the invoice is issued on the same day.

4.4 Money-Back Guarantee:

The Customer, shall have a 30 days guarantee, applicable only to shared server Plan(s). If the Customer believes that the services expected from Veriyum have not been delivered, the Customer may terminate this agreement within 30 days from the service request date and receive a refund of the fees paid for the monthly Plan(s) mutually agreed upon, excluding without limitation any setup fees, software purchases, promotional discounts, or similar charges, which shall not be refunded. To be eligible for a refund, the Customer must terminate the Plan(s), and notify Veriyum of such termination within 30 days fees from the initial start date of the Plan(s). The Customer also expressly, acknowledges, declares, and undertakes to provide Veriyum with a valid explanation of the reason for dissatisfaction with the Plan(s). In addiction, if the Customer’s account is suspended during this 30 days Money-Back Guarantee period, the Customer shall forfeit any right to claim a refund for setup fees, service fees, annual billing charges, or any similar payments already made. This provision does not apply to payments made via check or bank transfer. Domain name registrations and renewals are non-refundable as they are automatically processed through ICANN and TRABIS.

Article – 5 TERM OF THE AGREEMENT:

5.1 “Term”, shall commence when the Customer applies for the Plan(s) through website, by phone, or via email, and shall be renewed in the periods chosen by the Customer. All Plan(s) of Veriyum are period-based, and the service fees for the Plan(s) are collected from the Customer at the beginning of each period. For payments made by credit card, the renewal fee shall be charged automatically at the beginning of the period without requiring any further notice to the Customer.

5.2 Term Provision (1-Month Period) – This Agreement shall be valid for a period of thirty (30) days, commencing from the moment the Customer registers for the Plan(s). Unless the Customer follows the termination instructions set forth in the “Termination Covenant” below, this Agreement and the Plan(s) shall automatically renew upon the expiration of the term.

5.3 Term Provision (3-Month Period) – This Agreement shall be valid for a period of three (3) months, commencing from the moment the Customer registers for the Plan(s). Unless the Customer follows the termination instructions set forth in the “Termination Covenant” below, this Agreement and the Plan(s) shall automatically renew upon the expiration of the term.

5.4 Term Provision (6-Month Period) –This Agreement shall be valid for a period of six (6) months, commencing from the moment the Customer registers for the Plan(s). Unless the Customer follows the termination instructions set forth in the “Termination Covenant” below, this Agreement and the Plan(s) shall automatically renew upon the expiration of the term.

5.5 Term Provision (12, 24 or 36 Month Period) – This Agreement shall be valid for a period of twelve (12), twenty-four (24), or thirty-six (36) months, commencing from the moment the Customer registers for the Plan(s). Unless the Customer follows the termination instructions set forth in the “Termination Covenant” below, this Agreement and the Plan(s) shall automatically renew upon the expiration of the term.

Article – 6 TERMINATION:

6.1 Termination Covenant:

In order to terminate their Plan(s), the Customer must follow the instructions outlined herein. No other form of termination shall be accepted under this Agreement. The Customer must notify Veriyum by completing the cancellation form provided by Veriyum by least seven (7) days prior to the end of the Term for the termination of non-shared Plans such as Dedicated Server, Server Hosting (Co-Location), etc. For shared services such as Web Hosting, Email Services, The Customer may terminate at any time through the on-line customer panel. Veriyum shall verify the authenticity of such requests using the account holder and authorized persons through the Control Panel. Upon receipt of the Customer’s Termination Notice, Veriyum shall sent a confirmation email to the Customer. In the event that the Customer is mistakenly billed after the Plan(s) have been terminated, reimbursement shall only be made if the Customer holds a valid confirmation email. Since termination via phone or any other voice messaging system is not permitted, billing shall continue until the Customer complies with these instructions. Any and all data and/or materials placed by the Customer on Veriyum’s hardware or equipment may be deleted upon termination. Veriyum shall not be obliged to back up such data and/or materials upon receipt of the Termination Notice.

6.2 Obligations and Liabilities Regarding Termination:

In the event of expiration of the Term of this Agreement or its termination for any reason, Veriyum shall not be liable for any damages arising from such expiration or termination, including but not limited to potential profits of the Plan(s), excepted sales, loss of goodwill between the account holder and its own customers, or any other cause resulting from the Customer’s termination or the expiration of the Term. Any termination of this Agreement, for any reason whatsoever, shall not release the Customer from it responsibility to pay outstanding invoices and fees owed to Veriyum prior to the termination, as specified herein. Veriyum reserves the right to terminate the Plan(s) or the services it provides to the Customer without cause, by giving 10 days prior notice to the Customer.

6.3 Breach:

Any breach of the terms of this Agreement shall result in the termination of the Customer’s Plan(s). Veriyum shall be the sole authority to determine whether a breach of the Agreement has occurred Veriyum reserves the right to remove any Plan(s) without prior notice. In the event that Veriyum is notified of, or receives a complaint regarding, any breach of the terms, Veriyum may investigate the matter and take any measures it deems appropriate in order to protect its systems, facilities, or third parties.

6.4 Refund Policy:

The Customer and Veriyum agree that, in the event of termination of the Plan(s) without cause, no monetary right or liability shall arise. No refund or cost-sharing shall be applicable. Setup fees shall under no circumstances be refunded. In the case of account concellations accurring during the trial period (the first 30 days), the Customer shall have a period of 30 days to request a refund in accordance with Article 4.4 of this Agreement.

Article – 7 DISPUTE:

7.1 Dispute:

If the Customer does not accept the terms of this Agreement or any directive of Veriyum, the Customer shall not check the ” I Accept” box on the order form. In such case, the Customer’s Plan(s) shall not be created. If the Customer does not approve any amendment made to any Veriyum document, the Customer shall immediately notify Veriyum that it has terminated this Agreement, and accordingly, the Plan(s) with Veriyum shall also be deemed terminated.

7.2 Evidence:

The Customer hereby accepts and declares that, in the enforcement of this Agreement and in any disputes that may arise therefrom, Veriyum‘s ledger records and documents, computer record, and, where available, its telephone records, as well as copies of instructions sent via fax or e-mail system, shall constitute conclusive evidence in the relations between Veriyum and the Customer, without the need for any further substantiation and regardless of whether they have been confirmed. This clause, stipulation that Veriyum‘s ledger records and documents shall prevail, constitutes an evidentiary agreement between the Parties. In the event of a dispute, Veriyum‘s record shall be taken as the basis.

7.3 In dispute arising from this Agreement, the Courtsand Enforcement Offices of Ankara shall have jurisfiction.

Article – 8 NOTICE ADDRESS:

The Customer declares and agrees that the address notified to Veriyum shall be deemed its legal domicile for all notices, and further undertakes to immediately notify Veriyum of any change of address following the execution of this Agreement. In the event of failure to provide such notice, any communication delivered to the address recorded in Veriyum‘s records shall be deemed to have been validly served on the Customer.

Annex – 1

Confidentiality:

The Parties agree and undertake that, within the scope of the performance of this Agreement, they shall not disclose any confidential information learned about each other to third parties unless required by law, and that they shall take all necessary, and subcontractors also comply with this obligation. The Parties further undertake that, for the duration of this Agreement and for at least five (5) year following its termination, they shall refrain from making any statements against each other or against the persons reponsibile for each other.

Annex – 2

SLA Levels:

SLA is the abbreviation given to all of the limited obligations imposed on the Customer in order to maintain the continuity of the Customer’s Plan(s). Veriyum SLA is structured in three basic levels ranked from one to three, where each higher level encompasses the preceding one. Unless otherwise specified and unless one of the SLA Levels below is indicated. Article 2.4 of the Agreement to which this Annex is attached shall apply. SLA Level 1 is included within the scope of service, while SLA Levels2 and 3 require an additional fee agreement to be executed under this Agreement. Even if one of the following levels is marked, the SLA shall not be enforced or monitored unless the corresponding payment has been collected. Within the scope of this SLA, compensations and additional conditions relating to faults that may arise from Veriyum shall be determined together with the Customer under a separate agreement and incorporated into this Agreement.

General Provision of SLA Levels:

1. SLA Level 1

This level of service covers our dedicated server and hosting services.

–All server management, monitoring, updating, and tracking operations are carried out by the customer. At this level, our company does not provide any technical management support.

– Reboot request are fee of charge under this service. 

– Operating system, control panel software and all support request are provided as paid services. The installation of such software will be charged on an hourly basis.

2. SLA Level 2

This level of service covers our dedicated server and hosting services under SLA Level 2.

– All server management, monitoring, updating, and tracking operations are carried out by the customer. At this level, our company does not provide any technical management support.

– Reboot request are fee of charge under this service.

– Operating system and control panel software installation are provided free of charge once (1) per month at maximum.

– Regarding monitoring, Veriyum will monitor the web, DNS, FTP, POP3, SMTP services of 1 server belonging to the customer within the 24/7 monitoring system and will automatically send an email in case of problems. In this regard, the customer can use the paid SMS monitoring service if desired.

3. SLA Level 3

This level of service covers our dedicated server and hosting services under SLA Level 3.

– Standart operating system management and control panel software of the server are provided by Veriyum. Within this scope, our system administrators access ther server on a weekliy basis to perform status check.

– Reboot request are fee of charge under this service.

– Operating system and control panel software installation are provided free of charge once (1) per month at maximum.

– Regarding monitoring, Veriyum will monitor the web, DNS, FTP, POP3, SMTP services of 1 server belonging to the customer within the 24/7 monitoring system, and in case of problems, our system administrators guarantee to intervene on the server within 4 hours and resolve the issue within 12 hours.