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Service Agreement

This translation is provided for convenience. If it differs from the Turkish version, the Turkish version prevails.

1. Parties

  1. 1.1 This agreement is between Oyunlayıcı Oyun Sunucusu Hizmetleri, which provides the services specified in the services section (the Services), and the person/entity identified by the details in the new customer registration section (the Customer). It concerns use of the website operating at the internet address owned by Oyunlayıcı (the Site) and the purchases, accounting and billing through this site, and shall be deemed signed with Oyunlayıcı Oyun Sunucusu Hizmetleri under the following articles and Conditions.
  2. 1.2 The parties are obliged to declare, accept and undertake that the information written in this agreement is accurate.

2. Subject

  1. 2.1 This agreement regulates what the Customer is permitted to do and prohibited from doing in transactions, orders and messages on the Site in accordance with the information supplied at registration, and the fees payable to Oyunlayıcı for the services selected in orders. The descriptions of these services and transactions are set out below.
  2. 2.2 Membership information is the information entered by the Customer when joining. Transactions are based on this information; the Customer and member are deemed to have declared that it is error-free, complete and accurate. In suspicious cases or when deemed necessary, identity verification may be requested pursuant to article 3.15.

3. Responsibilities

  1. 3.1 Oyunlayıcı Oyun Sunucusu Hizmetleri shall provide the services submitted as an order at the Customer's request. By the order acceptance message, Oyunlayıcı acknowledges receipt of the relevant fee and undertakes to provide the service specified in that order.
  2. 3.2 Oyunlayıcı shall notify the Customer of the payment method, VAT differences and fees payable according to the monthly or annual payment preference, stating the total amount calculated during the order. If the sales page containing the product or products states VAT included at the bottom, the system shall complete the order without calculating VAT.
  3. 3.3 After acceptance of the order and approval of the transactions, Oyunlayıcı shall send the Customer the Control Panel, FTP, SQL and E-Mail usernames and passwords for the service detailed in the order, and the service shall commence. The Customer is responsible for these accounts and passwords and for any resulting loss or damage.
  4. 3.4 The Customer undertakes to comply with the statements and warnings received from Oyunlayıcı within the service. When using the Hosting account, the Customer declares, accepts and undertakes to comply with every warning or notice published by Oyunlayıcı. The Customer may not distribute or sell to third parties, for payment or free of charge and/or with or without limits, services provided free and without limits within the hosting service.
  5. 3.5 The Customer undertakes not to use software and programs available within the service to access files or programs for which the Customer has no access right, not to cause any problems in this regard, and to compensate for damage arising from any resulting issues.
  6. 3.6 The Customer accepts and undertakes to bear and pay taxes, duties and similar obligations in force during use of the Domain Name, Hosting or other services, or entering into force during the agreement.
  7. 3.7 The Customer accepts and undertakes sole responsibility for all files, documents and programs hosted within the service and all transactions used or performed through website and email services, including all civil and criminal liability arising from illegality of such data, information and statements. No fault may be attributed to Oyunlayıcı for problems arising in this regard. Oyunlayıcı does not review, verify or approve pages before submission or assume any responsibility for pages created by users. Oyunlayıcı may terminate user accounts for violating these guidelines, for another reason, or because it believes they harm its business or that of any user. Upon learning of unlawful acts or activities, Oyunlayıcı may delete them without notifying the Customer.
  8. 3.8 The Customer accepts and undertakes full responsibility for backing up all data, files, email content, databases and software hosted within the service. Oyunlayıcı Oyun Sunucusu Hizmetleri is not obliged to provide automatic or manual backups. Oyunlayıcı Oyun Sunucusu Hizmetleri accepts no pecuniary or non-pecuniary liability for data loss, deletion, corruption, loss of access, hardware failure, software errors, cyberattacks or similar situations on servers.
  9. 3.9 Oyunlayıcı shall carry out domain name registrations ordered by the Customer and paid for without difficulty. The Customer owns the domain name registered pursuant to the registration request accepted with the order and paid for. Oyunlayıcı may act on the domain name in accordance with the Customer's requests. It shall fulfil the Customer's requests for domain adjustments, changes and transfers as soon as possible.
  10. 3.10 The Customer may not make statements or posts about Oyunlayıcı Oyun Sunucusu Hizmetleri that are false, misleading, insulting or damaging to its commercial reputation. If such acts are detected, Oyunlayıcı Oyun Sunucusu Hizmetleri reserves the right to suspend the relevant services or terminate the agreement. The right to criticise is reserved; however, criticism must be lawful, in good faith and based on fact.
  11. 3.11 The Customer may not engage in insulting, threatening, profane, degrading, harassing or aggressive conduct towards staff, officers or other customers of Oyunlayıcı Oyun Sunucusu Hizmetleri through support requests, email, live support, telephone, messaging applications or any similar communication channel. If such conduct is detected, Oyunlayıcı Oyun Sunucusu Hizmetleri reserves the right to suspend the relevant services or unilaterally terminate the agreement immediately without warning or notice. The Customer accepts, declares and undertakes in advance that no refund may be claimed in that event.
  12. 3.12 When requesting an invoice for the service, the Customer must pay the delivery charge. If the Customer refuses to pay it and rejects delivery, the delivery charge shall be invoiced in the Customer's panel. If the Customer persists in not paying this invoice, the products and services listed in it shall be blocked until payment.
  13. 3.13 The Customer may not hold our company responsible for software problems not attributable to us. Server services are provided unmanaged; all responsibility rests with the Customer.
  14. 3.14 The Customer expects the ordered and paid service to be activated within 72 hours at the latest. If it is not activated within that period, the Customer may request a refund of the amount paid by written request. If the service is activated, article 11 applies.
  15. 3.15 All activity in the Customer's account shall be processed on the assumption that it was performed by the Customer. Our company accepts no responsibility for matters such as sharing the account with others or failing to secure it.
  16. 3.16 Under Hosting Provider Law No. 5651 and the related regulations, the Customer must provide accurate and complete identity information when requested by Oyunlayıcı Oyun Sunucusu Hizmetleri. Identity may be verified using a photograph of the Customer's official identity document or other methods requested by Oyunlayıcı. Verification is mandatory if the information supplied is found to be false or in suspicious cases. If this obligation is not fulfilled, the service shall be suspended pursuant to article 6.8.

4. Duration

  1. 4.1 The parties' stated rights and obligations begin when the order and payment transactions are transmitted to Oyunlayıcı over the internet.
  2. 4.2 The agreement lasts for the payment period selected by the Customer for the relevant service when ordering.
  3. 4.3 Unless the parties give notice, no later than 10 business days before expiry, that the agreement will end at expiry, it shall renew for the same duration under the same terms and conditions. (Changes in fees are reserved.)
  4. 4.4 Physical Servers, IPv4 Services and Server Colocation require special installation and shall therefore be delivered within 72 hours at the latest.
  5. 4.5 Oyunlayıcı reserves the right to update the expiry and payment dates of unpaid services.

5. Fees

  1. 5.1 The fee payable for the services specified in this agreement is the amount stated when ordering. If VAT is not included, it shall subsequently be added, calculated, shown to the Customer and collected.
  2. 5.2 Oyunlayıcı reserves the right to change prices and tariffs prospectively without prior notice. The Customer hereby accepts, declares and undertakes acceptance of any such changes.
  3. 5.3 Fees quoted in foreign currency shall be converted into Turkish Lira at the Central Bank's effective selling rate on the invoice date and paid accordingly.
  4. 5.4 The Customer must pay by the end of the second business day after the invoice date: from the credit card account if a credit card payment instruction was given during ordering; otherwise by EFT/bank transfer as specified on the Customer's order page or in cash to Oyunlayıcı.
  5. 5.5 In the event of late payment, Oyunlayıcı reserves the right to issue an exchange rate difference invoice.
  6. 5.6 Oyunlayıcı reserves the right to disable or enable the relevant service until the Customer completes payment.
  7. 5.7 No refunds are made for domains/domain names, SSL Certificates or server services (Co-Location, Dedicated, Virtual Servers).
  8. 5.8 A fee of 149,90₺ plus VAT is charged for a server password reset necessitated by a forgotten password, and 49,90₺ plus VAT for an IP change requested by the Customer.
  9. 5.9 Disk capacities specified in plans/packages include storage occupied by the operating system or software requested for installation in special cases.

6. Suspension

  1. 6.1 Oyunlayıcı reserves the right to suspend all services provided to the Customer and all E-Mail, Web and FTP Accounts in the event of payment problems, insufficient funds for customers with credit card payment instructions, or grounds relating to the Terms and Obligations.
  2. 6.2 While this situation continues, E-Mail, Web and FTP access on behalf of the Customer is unavailable; E-Mail accounts shall be blocked and incoming emails rejected.
  3. 6.3 Maximum CPU, RAM and bandwidth use per site on the server is limited to the package allowance. If exceeded, the site responsible shall be suspended after the first warning. Where Oyunlayıcı is placed in difficulty, it may close or cancel websites or services exceeding CPU and RAM limits without notifying the Customer. Oyunlayıcı is also not responsible for freezing or lag caused by full use of these resources. All virtual server packages have a 1GBIT port, with constant bandwidth consumption of 50MBIT/s permitted. For colocation and physical server packages, this value starts at 100MBIT/s and may vary with additional bandwidth packages purchased. In all hosting packages, the account or site shall be suspended where CPU usage of 100% puts system availability at risk. Hosting services may not be used for file archiving.
  4. 6.4 Hosting content infringing copyright or contrary to the laws of the Republic of Türkiye on our servers is prohibited. This includes Bruteforce, Spam, DDoS, Hack, Crack, Warez, Adult and all files subject to copyright.
  5. 6.5 Customers are responsible for the security of all software on the server. Oyunlayıcı is in no way responsible for any matter arising from CHMOD 777 or related to your software.
  6. 6.6 If the Customer fails to pay the server service invoice on the specified payment date, the service shall remain suspended for 2 days. Oyunlayıcı is not responsible for what happens at the end of the third day.
  7. 6.7 External or local DDoS attacks from our servers are prohibited. If detected, Oyunlayıcı may cancel the service without consulting the Customer.
  8. 6.8 If identity verification is requested pursuant to article 3.15, the relevant service shall be suspended until the requested verification is completed. Until identity is verified, the service shall not be activated and the Customer shall not have access. Reactivation depends on completion of identity verification.
  9. 6.9 Systems (files) prohibited from being hosted in our company's services:
  10. If use of these files in the services is detected, Oyunlayıcı Oyun Sunucusu Hizmetleri is entitled to stop the service unconditionally. No refunds are made for stopped services.
  11. 1. Toplists
  12. 2. Sites containing *****, eroticism and pornography / sites with unlawful content.
  13. 3. Unauthorised software / *****
  14. 4. Autosurf / PTC / PTS / PPC sites.
  15. 5. IP scanners (IP Scanner) or MAC address scanners.
  16. 6. Bruteforce Programs / Scripts / Applications.
  17. 7. Email Bombing / Spam Scripts.
  18. 8. Escrow / Bank-like Sites.
  19. 9. HYIP and similar sites.
  20. 10. Selling any material without legal distribution rights.
  21. 11. Prime Bank Programs.
  22. 12. Deceptive / Fake Systems.
  23. 13. Games of Chance / Lottery / Gambling Sites (Including Those Promoting Them).
  24. 14. MUD / RPG or PPBGs.
  25. 15. Disk-intensive Programs.
  26. 16. Hateful / Racist / Disturbing Sites.
  27. 17. Sites Organising Illegal Activities.
  28. 18. Forums / Web Pages Containing Illegal, Copyright-restricted Links (*****).
  29. 19. Mailer Pro and similar.
  30. 20. Sites leaking or sharing personal data.

7. Termination

  1. 7.1 If the Customer breaches any article of this agreement and fails to fulfil obligations, or the information declared is found to be false, Oyunlayıcı Oyun Sunucusu Hizmetleri may terminate the agreement unilaterally without notice. The Customer must pay debts accrued up to termination. The parties accept that compensation for resulting damage may be claimed under the general provisions.
  2. 7.2 The Customer may terminate this agreement at its normal expiry without giving reasons, provided written notice is given 10 days beforehand. If the Customer terminates before expiry, the Customer declares, accepts and undertakes to pay half of the fees payable until the end of the agreement in a single advance payment.

8. Communication and Information Addresses

  1. 8.1 The parties accept, declare and undertake that the postal addresses specified in the order are their legal domiciles for all notices arising from this agreement.
  2. 8.2 All notices to these addresses shall be deemed served even if not received by the parties. Until changes are notified to the other party in writing, the previous addresses remain valid.
  3. 8.3 During the agreement, Oyunlayıcı may send messages, information, correspondence, warnings, payment notices, account transaction schedules and account statements to the email address declared by the Customer. The Customer declares, accepts and undertakes that the Customer may not claim these electronic communications were not received or did not arrive, and that they shall be deemed legally served 1 day after sending.

9. Default in Payment

  1. 9.1 If the Customer fails to pay for the services within 7 days of the payment date, the Customer shall be deemed in default. Oyunlayıcı Oyun Sunucusu Hizmetleri reserves the right to claim default interest in accordance with applicable legislation.
  2. 9.2 If legal proceedings are initiated to recover claims arising from this agreement, the Customer accepts payment of court costs, enforcement expenses, legal fees and default interest calculated under the legislation.
  3. 9.3 If the Customer applies to the legal authorities for precautionary attachment and an interim injunction to recover the Customer's claims arising from this agreement, the Customer declares, accepts and undertakes that Oyunlayıcı is entitled to obtain such orders without security; if courts nevertheless require security, the Customer shall pay commissions and all fees arising from bank letters of guarantee and shall raise no objections in this regard.
  4. 9.4 If payment for the service is not made when due, Oyunlayıcı may suspend it without notice and, if payment is not made within 1 week of the due date, delete the service entirely and irreversibly. Customers subject to this measure agree not to request backups or reactivation of the service.

10. Web Hosting Service Terms of Use

  1. 10.1 To ensure equal rights on hosting servers (shared servers), each Customer may use no more CPU than specified in the package features. Websites operating beyond hosting capacity shall be suspended with or without warning. Oyunlayıcı cannot be held responsible for resulting damage.

11. Refund Conditions

  1. 11.1 All services supplied by Oyunlayıcı Oyun Sunucusu Hizmetleri constitute digital content and immediately performed services. Once the service is activated and performance begins with the Customer's express consent, the right to a refund ceases unless legislation mandatorily provides otherwise.
  2. 11.2 No refund shall be made for termination requests by the Customer after activation, installation or delivery of the service.
  3. 11.3 However, if a competent court or official authority issues a binding refund decision under applicable legislation, action shall be taken in accordance with that decision.
  4. 11.4 No refunds are made for services supplied under campaigns, discounts or promotions.
  5. 11.5 If payment was made using Oyunlayıcı balance, a refund may only be made as balance.

12. Faults

  1. 12.1 Servers are electronic devices and risk failure even when all necessary and optimal conditions are provided. The data centre supplies replacement parts for faulty servers.
  2. 12.2 Our company is not responsible for damage arising from faulty server parts or the time required to obtain replacements. The service recipient may claim no rights from the company during this period and must wait until the new part and faulty part are supplied.
  3. 12.3 Recovery cannot be performed on disks whose data has become unrecoverable due to RAID configuration errors. In that event RAID shall be reinstalled and your backups restored if available. Our company is not responsible for RAID configuration or software errors.
  4. 12.4 Our company accepts no liability for data loss or damage you suffer due to errors in managed services supplied with server services.
  5. 12.5 Our company cannot be held responsible for server downtime during data centre or IP changes in server services. During relocations, devices take at least 2 and at most 5 business days to become active.

13. Limitation of Liability

  1. 13.1 The total liability of Oyunlayıcı Oyun Sunucusu Hizmetleri arising from this agreement is in all cases limited to the total service fees paid by the Customer for the relevant service in the last 12 months.
  2. 13.2 Oyunlayıcı Oyun Sunucusu Hizmetleri cannot be held responsible for loss of data, profits, business or reputation, or indirect damage.
  3. 13.3 The Customer accepts all risks arising from use of the service.

14. Force Majeure

  1. 14.1 Events beyond the control of Oyunlayıcı Oyun Sunucusu Hizmetleri and not reasonably foreseeable, such as natural disasters, fire, war, terrorism, cyberattacks, infrastructure and data centre outages, and electricity and internet access problems, constitute force majeure. Oyunlayıcı Oyun Sunucusu Hizmetleri cannot be held responsible in these circumstances.

15. Competent Courts and Enforcement Offices

  1. 15.1 İzmir Courts and Enforcement Offices have jurisdiction over all disputes arising in the performance of this agreement.