“DT İLETİŞİM HİZMETLERİ A.Ş.” CLOUD COMPUTING SERVICE

AND USER AGREEMENT

 


 

 

This "Cloud Computing Service and User Agreement" ("Agreement") is concluded between the Service Provider and the User, as defined below:

This Agreement shall enter into force upon the User's electronic acceptence, evidenced by checking the designated box "I have read and agree to the Cloud Computing User Agreement and Privacy Policy," and/or by using the Platform. The User agrees, declares, and undertakes that the Services offered by the Service Provider are subject to the terms and conditions in this Agreement and its annexes.

1.           PARTIES

(“Service Provider”)

DT İletişim Hizmetleri A.Ş.

Address: Fatih Mahallesi, Çavuşbaşı Cumhuriyet Street, Number: 391/A Beykoz/İstanbul Turkey

Tax Office: Beykoz / Tax ID: 3130582033

Central Registry System Number:0313058203300019

E-mail: contact@dtcloudnow.com

Telephone: +90 850 333 49 32

(“User”)


 

All real and legal persons who accept the terms of this Agreement in order to access the Service under this Agreement, purchase/order a new service, and use the Services will be referred to as "Users."

In this Agreement, the Service Provider and the User shall be referred to separately as the "Party," and together as the "Parties" establishes how the terms "Party" and "Parties" will be used to refer to the Service Provider and the User individually and collectively.

The terms defined in the singular in this Agreement will have the same meaning when used in the plural, and the terms defined in the plural will have the same meaning when used in the singular.

 

2.           SUBJECT OF THE AGREEMENT

 

2.1.      The subject of this Agreement is the provision of the Cloud Computing Service, as described in the relevant annex of this Agreement, by the Service Provider to the User, and the determination of the mutual rights and obligations of the Parties in this regard.

2.2.      Upon the signing of this Agreement, all contracts previously signed between the Service Provider and the User pertaining to the provision of the Service specified herein, and currently in force (referred to as the 'Previous Contract'), shall automatically expire. However, any outstanding debts and commitments of the User arising from Previous Contracts, which have not yet been fulfilled, shall remain valid.

 

3.           DEFINITIONS

 

This Agreement shall mean the following terms:

Cloud Computing Services: IT services, which include a number of different functions such as computing, data storage and processing, application hosting, server resources, network connections and security, and enable businesses to use the servers of service providers instead of purchasing, installing and managing their own hardware and software

Service: The Cloud Computing Service or Services provided by the Service Provider to the User under this Agreement, and their specifications outlined in the annex(es) of this Agreement.

The Platform: www.dtcloudnow.com website

Authorized Person: The person or persons designated by the Legal Entity by the customer to access the Service under this Agreement, to purchase/order a new service, and to use the Services, and who have been notified to the Service Provider.

Monthly Availability Rate: The ratio of the user's ability to use the Service for 730 hours, which corresponds to a one-month period, to 730 hours,

Prepaid Model: The model in which the fee for the service is collected from the User in advance before the commencement of use,

Pay as you go: The model in which the service fee to be invoiced to the User is determined by multiplying the amount of quota actually used by the User with unit prices in the relevant period,      

Monthly Pay Model: The model in which the fee related to the Service is collected from the User in advance after use every month,

This expression shall be interpreted accordingly throughout this Agreement.

 

4.           RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

 

4.1.      The Service Provider agrees and undertakes to provide the Service following the principles set out in the Agreement.

4.2.      The Monthly Availability Rate of the Service shall be at least 99.95%.

4.3.      In cases where the Monthly Availability Rate of the Service falls below 99.95% due to a fault on the part of the Service Provider, excluding those listed in Article 4.5, the User may claim benefits within the framework of the conditions specified in Article 6.3 of the Agreement upon written request. The upper limit of the benefit to be provided to the User under this article shall be the amount of the invoice issued to the User in the previous month. If the benefit is to be provided for the first month, the upper limit shall be the monthly fee for the Service purchased by the User.

4.4.      The User acknowledges and declares that if they refuse or delay the payment of the Service fee provided under this Agreement at any time, they will not be able to use the right to the benefit in favor of them as regulated in Article 4.3; and they can not make any claim or demand in this regard to the Service Provider.

4.5.      The Service Provider shall not be held responsible for the partial or complete, temporary or permanent inaccessibility of the Service due to circumstances and other reasons arising from the Agreement, including but not limited to: (i) force majeure events, (ii) maintenance/repair works carried out by the internet service or infrastructure provider resulting in failure/fault/interruption of this infrastructure, (iii) errors/failures in the connection of the line leased on a local basis, (iv) maintenance/repair works carried out by the Service Provider, (v) data center changes and/or changes to the existing infrastructure, (vi) termination/termination of the Service by the Service Provider according to Article 5.2 based on justified suspicion, etc., (vii) requirements of relevant national or international legislation and/or competent authority decisions, (viii) malfunctions, delays that cannot be attributed to the Service Provider, (ix) interruptions, faults, inadequacies, etc., caused by software and systems used by the user (ERP, etc.), and (x) any other reasons arising from the Agreement.

4.6.      For the provision of the Service (fee, content, service level, IP addresses, scope, etc.) the principles and any updates and changes related to them will be carried out taking into account developments in the sector and market conditions, and these changes and updates will be notified to the User by the Service Provider for a reasonable period of time in advance and implemented on the dates specified in the notification. By continuing to use the Services or DT Cloud Content after the effective date of changes made to this Agreement, you agree to be bound by the relevant changes. You are responsible for checking the changes to this Agreement through the Platform. We last modified this Agreement on the date specified at the beginning of this Agreement.

4.7.      Maintenance, repair, and/or modifications to the technical infrastructure will be notified to the User by the Service Provider at least 24 (twenty-four) hours in advance.

4.8.      The Service Provider is solely responsible for the maintenance and repair of the equipment and infrastructure in its own ownership and assumes no responsibility for the equipment and infrastructure (provided by the User and/or mainly used within the scope of the User's main activities). Accordingly, the User agrees, declares, and undertakes that they will not make any claims or demands to the Service Provider if they cannot benefit from the Service properly due to the inadequacy or failure of their equipment or infrastructure.

4.9.      The Service Provider reserves the right to provide some or all of the Service through third parties. However, even in this case, the Service Provider will remain primarily responsible to the User under this Agreement.

4.10.      The Service Provider hosts the infrastructure servers of the Service in data centers in accordance with the physical security measures taken and in compliance with information security criteria. The Service Provider has the right and authority to change data centers, hardware, security, accommodation, and other infrastructure if deemed necessary.

4.11.      During the term of this Agreement, the Service Provider may, with prior notice to the User, provide a different service of equal quality and cost instead of the service that is currently being provided, if deemed necessary.

4.12.      All intellectual property rights and usage rights associated with the software and applications provided to the User by the Service Provider for the purpose of utilizing the Service, including the Service itself, are solely owned by the Service Provider. The aforementioned software and/or applications will be provided exclusively for the User's use and solely for the purpose of facilitating the User's access to and utilization of the Service. The User agrees, declares, and undertakes not to utilize the aforementioned software/applications for purposes other than those intended, including but not limited to reproduction, copying, duplication, reverse engineering, disassembly, conversion to source code, or any form of use for third parties. The User acknowledges that failure to fulfill this obligation may result in liability for any damages incurred by the Service Provider.

4.13.      The Service Provider reserves the right to suspend the Services and/or unilaterally terminate this Agreement without compensation if the User breaches their obligations under this Agreement or applicable legislation, or if the Service Provider harbors serious doubts in this regard. In such case, the User agrees and undertakes to pay all damages that the Service Provider may incur upon the first request, in cash and immediately.

4.14.      Under this Agreement, the Service Provider shall exclusively provide the Service and/or Services defined in this Agreement and its annexes. Accordingly, the Service Provider shall not bear any liability or fault regarding transactions and activities conducted through the infrastructure provided for the User's use, and/or the content carried through this infrastructure; all such responsibilities shall rest solely with the User. However, if required by the legislation or binding requests or instructions of competent authorities, the Service Provider may have the right of access to, transfer of, and use of the User's systems and/or content (provided that there is no obligation to the do so and provided that the User is informed), as the case may be.

4.15.      In the event of termination of the Agreement for any reason, the Service Provider shall provide a written notification to the User, instructing them to retrieve their data from the relevant devices. Following this notification, upon the expiration of the (second) month, the Service Provider shall have the right and authority to delete the User's data from the relevant devices.The User will not be able to submit any rights, requests and/or claims to the Service Provider in this regard.

 

 

5.           THE RIGHTS AND OBLIGATIONS OF THE USER

 

5.1.      The User is granted the right to access and utilize the Service in accordance with the principles outlined on the Platform.

5.2.      During the use of the service, the User agrees and undertakes not to engage in any actions or activities that: (i) contravene the law and/or this Agreement, (ii) are of a criminal nature, (iii) adversely affect the Service and/or the systems or content of the Service Provider and/or any DT customer in any manner. The User acknowledges that the Service Provider reserves the right to immediately suspend or terminate the Service if there are any suspicions in this regard. The User shall remain responsible for any fees and expenses incurred during the suspension of the Service.

5.3.      The User shall communicate their requests regarding the Service (such as placing a new service order/purchase, service cancellation, etc.) to the Service Provider via the Platform.

5.4.      the User is obligated to take all necessary measures, including encryption and regular archiving, to maintain the confidentiality of the username and password and prevent their unauthorized use; all responsibility for this rests solely with the User. In this context, the User agrees, declares and undertakes that all responsibility arising from transactions made on the Platform with the relevant username and password will belong to them, and the Service Provider will not accept any responsibility for transactions made with the relevant username and password.

5.5.      If the User detects unauthorized access to the Platform, they are obliged to immediately inform the Service Provider. Upon this notification, the Service Provider will perform the necessary cancellations on the system and block access to the system with the relevant username and password. However, transactions made prior to the User's notification under this clause shall be considered valid; the User shall not assert any rights, claims, or demands against the Service Provider regarding such transactions.

5.6.      The User is obliged to follow and comply with the information, notifications, and announcements sent to them via the email addresses provided by the Service Provider and/or through their account on the Platform, as well as any notifications/announcements made by the Service Provider through its website.

5.7.      The User will continuously keep their registered email address, other email addresses, and other information provided to the Service Provider up to date and will notify the Service Provider of any changes within 7 (seven) days. Otherwise, the User will be responsible for the consequences that may arise from the failure to update the information.

5.8.      The User will pay the current fee for the Service to the Service Provider on time.

5.9.      If the User decides to renounce the Service they are benefiting from, the provision of the relevant Service will be terminated as of the next billing period.If the User cancels the Service they are benefiting from, no refund will be provided to the User. Additionally, if any discounts were applied to the User during their utilization of the relevant Service, the total discount amount applied throughout the User's usage period will be reflected to the User by the Service Provider and, if necessary, will be additionally invoiced.

5.10.      The User will use the Service solely for their own use; accordingly, will not allow third parties to use it in any way or transfer it.

5.11.      The User may not access the Service for the purpose of creating competitive products or services and/or supporting such initiatives.

5.12.      The User agrees and undertakes to maintain the confidentiality of all information provided under this Agreement, whether provided in writing or verbally or in any form, confidential at all times.The User shall store such information securely, refrain from using it for any purposes other than those stated in the Agreement, and refrain from disclosing it to third parties (except as required by legal obligations) without the prior written consent of the Service Provider. It is acknowledged that the confidentiality provision constitutes an independent commitment separate from this Agreement and shall remain in force after the termination of this Agreement for any reason.

5.13.      The User will not perform performance and/or tests on the Service without the prior written consent of the Service Provider, and will not engage in any form of reverse engineering, decompilation, or analysis on software products in any way.

5.14.      The User agrees to indemnify and hold the Service Provider harmless from any and all legal and criminal consequences arising from the User's violation of this Agreement and/or relevant legislation, as well as from any and all claims for damages and indemnities by third parties.

5.15.      The User can submit their complaints about the service to the Service Provider via https://cms.dt.net.tr/submitticket.php. However, the User reserves the right to apply to Consumer Arbitration Committees and Consumer Courts.

5.16.      The Services provided by the Service Provider under this Agreement shall be exempt from the right of withdrawal in accordance with Article 15(ğ) of the Distance Sales Regulation.

 

6.           SCOPE OF SERVICE AND SERVICE LEVEL

 

6.1.      The User shall have access to the Service within the capacities specified in the Appendix to the Agreement; the bandwidth and system infrastructure corresponding to this capacity will be provided to the User by the Service Provider.The capacity may vary depending on the Service requested by the User. Uses that do not match the nature of the Service may adversely affect the quality and performance of the Service, and in such cases, the Service Provider cannot be held responsible for any deterioration in service quality and performance.

6.2.      Current Service Levels are indicated at https://dtcloudnow.com/support.

 

7.           MONTHLY AVAILABILITY RATE AND SERVICE CREDIT

 

7.1.      The Monthly Availability Rate will be at least 99.95%.

7.2.      In the event that the Monthly Availability Rate falls below 99.95% in any given month, and provided that the User submits a Service Credit request to the Service Provider, the Service Credit amount for the Products and Services for which the Monthly Availability Rate cannot be achieved, calculated based on the rates specified in Article 7.3 below, will be offset from the invoice amount issued for the respective month on behalf of the User by the Service Provider in the following month following approval of the request by the Service Provider.

7.3.      In determining the Service Credit amount to be defined in accordance with Article 7.2, the rates specified in the table below shall be taken into account.

Monthly Availability Rate

Percentage of Service Credits

Less than 99.5% but equal to or more than 99%

10%

Less than 99% but equal to or more than 95%

30%

Less than 95%

100%

7.4.      The Service Credit amount is calculated based on the fees applicable for the month in which the Monthly Availability Rate for Products and Services cannot be met. This credit is deducted from the invoice issued in the subsequent month. This applies to Products and Services for which the Monthly Availability Rate has not been met.

7.5.      Service Credit Request and Payment Procedures;

The user must submit their request for Service Credit to the Service Provider within 15 days following the month in which the Monthly Availability Rate was not met, via the https://cms.dt.net.tr/ link ("Opening a Ticket").The Ticket to be submitted within this scope must contain the following conditions, and the Service Provider is not obligated to fulfill Service Credit requests that are not submitted within the specified time and content outlined in this clause.

The conditions that Tickets must carry are as follows:

 a. "DT Cloud Service Credit Request" should be written in the subject line,

 b. The date, time, and affected Availability Zone where the Monthly Availability Rate was not met,

 c. Information about the affected service,

 d. Any and all information, documents, screenshots, etc., serving as evidence or confirmation of the failure to meet the Monthly Availability Rate.*

* Please use asterisks instead of all confidential or sensitive information.

7.6.      Upon confirmation by the Service Provider that the application is valid, the relevant Service Credit amount shall be allocated on behalf of the User for use in the subsequent billing period.

 

8.           SERVICE ANALYSIS

 

8.1.      The Service Provider may collect statistics and other information about the functionality, operation, and usage of the Services for the purposes of managing security, conducting statistical analyses, research, and development. The User agrees, declares, and undertakes to indemnify the Service Provider from any claims related to the right granted to the Service Provider in this regard.

 

9.           PAYMENT

 

9.1.      Payment shall be made by the User through payment preferences determined by the Service Provider based on the type of service received, selected by the User among the Monthly Payment Model, Pay-as-you-go Model, and Monthly, Annual, or 3-Year Fixed-Term Prepayment Model. In the Pay-as-you-go model, per-unit pricing is applied according to the amount of usage.

9.2.      The fees, billing, and payment terms related to the Service are specifically regulated as defined on the Platform, tailored to the respective service, whereby the User may pay the fees for the Service using one of the payment methods supported by the Service Provider.The User is obligated to fully and promptly pay the service fees in accordance with the terms and conditions outlined on the Platform. However, the Service Provider reserves the right to send invoices to the User more frequently in the event that there is reasonable suspicion of the User's account posing a risk of fraudulent activity and/or non-payment.

9.3.      Under this Agreement, all fees payable to the Service Provider shall be paid without any setoff, deduction, or withholding.For fees related to any Service or new feature of a Service, the updated fees published on the Platform will apply, unless expressly stated otherwise.The Service Provider has the right to increase the fees for the related Services by notifying the User at least 30 days in advance.

9.4.      If the User fails to pay the fee related to the Service within the specified period indicated in the attached document, legal interest will be applied to the relevant amount accruing from the payment due date until the date of payment.If payment for the invoice issued by the User for the Service is not made by the due date for payment, the Service Provider shall have the right, from the first day following the due date, to suspend the Service at any time and/or terminate the Agreement immediately without any compensation. In case that the Service is suspended by the Service Provider under this article, the Service shall be reinstated no later than the day following the payment.

 

10.           DURATION AND TERMINATION OF THE AGREEMENT

 

10.1.      This Agreement will enter into force when the User electronically accepts it by checking the box that states, "I have read and agree to the Cloud Computing User Agreement and Privacy Terms" and/or by using the Platform. It will remain in force until terminated by either Party.

10.2.      The User may terminate this Agreement at any time by submitting a termination request to the Service Provider through the Platform. This notice shall take effect from subsequent billing period onwards.

10.3.      In the event of the termination by the User pursuant to Article 10.2 of the Agreement, each Party will be responsible for all obligations and liabilities incurred up to the termination date. In this case, in addition, if the User cancels the Service that they are benefiting from, no refund will be provided to the User; furthermore, if any discounts were applied to the User during their utilization of the relevant Service, the total discount amount applied throughout the User's usage period will be reflected to the User by the Service Provider and, if necessary, will be additionally invoiced.

10.4.      The Service Provider may terminate the Agreement with prior notice to the User in the event of termination of its relationship with third parties with whom it collaborates/receives services for the purpose of providing the Service, changes in the methods of providing the Service, requirements imposed by relevant legislation or competent authorities, and in other circumstances regulated in this Agreement.

10.5.      In the event of a Party's violation of this Agreement and/or relevant regulations, the other Party has the right to terminate the Agreement immediately and without compensation by notifying the other Party via the Platform.

10.6.      The User agrees, declares, and undertakes that in the event of the termination of this Agreement by the Service Provider under Article 10.5, they will not request any refund or payment and will immediately pay all damages incurred by the Service Provider as a result of the violation upon the first request.

 

11.           GDPR

 

11.1.      The User agrees, declares, and undertakes to collect and provide personal data to the Service Provider in compliance with applicable laws, primarily the Personal Data Protection Authority Law No. 6698 (KVKK), and in accordance with the terms and conditions of this Agreement. Furthermore, the User is obliged to supply the Service Provider with any personal data they will provide under this Agreement in a lawful manner.

11.2.      The User agrees, declares, and undertakes that the personal data provided to the Service Provider have been obtained in compliance with the provisions and conditions set forth in the Personal Data Protection Authority and related legislation, that the necessary disclosure obligations towards the relevant individuals have been fulfilled, that explicit consent has been obtained from the relevant individuals to the extent and scope required, and that all obligations under the relevant legislation have been fully performed.

11.3.      The Parties agree and undertake to mutually and fully fulfill the legal, administrative and technical obligations to which they are subject in accordance with the personal Data Protection Authority, the relevant secondary legislation and the Decrees of the Personal Data Protection Board in matters related to the Agreement between them and the fulfillment of their obligations under the Agreement, and to refrain from behaviors that prevent the other Party from fulfilling its obligations under the aforementioned legislation.

11.4.      The Parties undertake to adopt all necessary technical and administrative measures to ensure the appropriate level of security according to the nature of personal data in order to prevent unlawful processing of personal data related to data subjects, preventing unlawful access to personal data, and ensuring the protection of personal data.

11.5.      In the event that one of the Parties violates or fails to fulfill its obligations under the aforementioned legislation, resulting in the other Party being subjected to legal, administrative, or penal sanctions, the violating Party shall fully compensate the injured Party for their losses upon first request.

11.6.      Each Party shall comply with all lawful written requests from the other Party regarding the correction or destruction of personal data shared within the scope of the Agreement.

 

12.           FORCE MAJEURE

 

12.1.      The events such as human and natural disasters, warfare, mobilization, fire, strike, lockout, pandemic, etc., which occur beyond the control of the Parties, which were not in existence at the date of signing of the Agreement, and which partially or completely stop the working opportunities of the Parties or one Party temporarily or permanently to the extent and degree that it will disrupt their services, shall be deemed as force majeure. The Party affected by force majeure shall immediately notify the other Party in writing, and the performances of the Parties shall be suspended during the force majeure period. When the force majeure events cease, the Agreement shall continue from where it left off. The obligations of the Party whose rights were not performed during the force majeure period shall also be suspended. If the force majeure situation lasts for more than 30 (thirty) days, the Party whose rights were violated may terminate this Agreement without compensation.

However, in the event that the Service Provider becomes unable to provide the service due to force majeure events, the User shall also have the right to cancel the order and, if possible, request another service. If the User requests the cancellation of the order, the fee paid for the canceled order, if any, will be refunded to the User within 14 (fourteen) days after the written cancellation request is received (in the case of payments made by credit card, to the relevant bank). The Service Provider shall have no responsibility for the transfer of the relevant amount to the User accounts by the bank.

 

13.           ASSIGNMENT OF THE AGREEMENT

 

13.1.      The Service Provider may assign and transfer the Agreement to its affiliated companies, group companies, subsidiaries, or to the company merged with or acquired during mergers and acquisitions. The User may not assign or transfer the Agreement or any rights or obligations under the Agreement without the prior written consent of the Service Provider.

 

14.           OTHER CONDITIONS

 

14.1.      With the entry into force of this Agreement, any contract(s) previously signed between the Parties related to the Service on prior dates shall automatically terminate and become void. However, the rights and obligations of the Parties that arose before the termination date shall remain in effect.

14.2.      If one or more of the non-essential provisions of the Agreement are deemed partially or entirely invalid, it shall not affect the validity of the other provisions of the Agreement, and the applicable provisions of the Agreement shall continue to be in force. However, in the event that one or more of the essential provisions of the Agreement become unenforceable to the extent that it nullifies the Parties' intent to enter into the Agreement, either Party may terminate the Agreement with immediate effect upon written notice to the other Party.

14.3.      The Parties shall take all necessary measures to prevent any event, situation, circumstance, or occurrence that may cause harm to the other Party; in case of such a situation is detected, they shall promptly inform the other Party and take all reasonable measures to mitigate any potential harm or loss.

14.4.      The partial or complete non-use, or delayed use, of the rights defined in the Agreement shall not be construed as a waiver of these rights. Any waiver under the Agreement shall only be valid if made in writing and signed by the authorized representative of the respective Party.

 

15.           NOTIFICATIONS

 

15.1.      All notifications within the scope of the Agreement shall be made to the email addresses specified in the Agreement for the Parties or through the Platform. Unless changes to the respective email addresses are notified in writing to the other Party within 7 (seven) days, notifications to these email addresses shall be deemed valid.

 

16.           APPLICABLE LAW AND COMPETENT COURTS AND EXECUTION OFFICES IN CASE OF DISPUTE

 

16.1.      In case of disputes arising from this Agreement, the consumer arbitration board or consumer court located in the jurisdiction of the User's residence or where the User's transaction was conducted, within the monetary limits specified in the relevant law, shall have jurisdiction.

 

APPENDIX-1

LIGHT COMPUTE –LC (VPS) SERVICES TERMS AND CONDITIONS

 

 

  1. 1.      LC is a virtual private server created virtually on a main server and shares its resources. Within the scope of the LC service, the User is provided with a highly secure, customizable and scalable solution through a virtually allocated server that they will lease.
  2. 2.      The Service, upon completion of the purchase transaction by the User and the complete provision of their information, shall be made ready for use within 1 business day following the transmission made by the User who has completed the purchase and has transmitted their information completely. However, if obtaining specific permissions and/or conducting infrastructure work is necessary for installation, this period will be notified to the User by the Service Provider via the Platform; in the event that the designated period is exceeded due to reasons not attributable to the Service Provider, the Service Provider shall not be liable for any responsibility.
  3. 3.      The Service Provider shall provide access to the User's log records belonging to the infrastructure service through the live web service stream that it provides.
  4. 4.      The pricing for the Service will commence upon the completion of the installation and the delivery of the LC service to the User, ready for use and operational. Billing will be done monthly and based on the fees specified above, in TL or USD according to the User's request, and if the invoice is to be issued in TL, the relevant invoice will be sent to the User based on the QNB Finansbank Exchange Rates (www.qnbfinansbank.com) on the billing date.
  5. 5.      The Service Provider shall forward the invoice for the Service to the User via the Platform on the first week of each month. The User shall make payment to the Service Provider via bank transfer or credit card to the bank account specified by the Service Provider within 7 (seven) days following the transmission of the invoice details to them via the Platform. The User is obliged to pay the fee related to the LC service in full and completely on its due date.
  6. 6.      Billing for simultaneous participant capacity overruns and additional participant capacity increases will be calculated based on the records of the Service Provider. The User can track the current capacity usage information through the Platform.

 

APPENDIX-2

CLOUD COMPUTE ENGINE - CCE (VPC) SERVICES TERMS & CONDITIONS

 

 

1-Within the scope of the CCE service, the User is provided with the opportunity to use cloud resources on a virtually isolated private network, create a customized virtual network, and securely access resources, applications, or services within this network.

 

2-The Service shall be made ready for use within 1 business day following the User's purchase. However, if obtaining specific permissions and/or conducting infrastructure work is necessary for installation, this period will be notified to the User by the Service Provider via the Platform; in the event that the designated period is exceeded due to reasons not attributable to the Service Provider, the Service Provider shall not be liable for any responsibility.

 

3-The pricing for the Service will commence upon the completion of the installation and the delivery of the CCE service to the User, ready for use and operational. Billing will be done monthly and based on the fees specified above, in TL or USD according to the User's request, and if the invoice is to be issued in TL, the relevant invoice will be sent to the User based on the QNB Finansbank Exchange Rates (www.qnbfinansbank.com) on the billing date.

 

4- The Service Provider shall forward the invoice for the Service to the User via the Platform on the first week of each month. The User shall make payment to the Service Provider via bank transfer or credit card to the bank account specified by the Service Provider within 7 (seven) days following the transmission of the invoice details to them via the Platform. The User is obliged to pay the fee related to the CCE service in full and completely on its due date.

 

5- Billing for simultaneous participant capacity overruns and additional participant capacity increases will be calculated based on the records of the Service Provider. The User can track the current capacity usage information through the Platform.

 

6- The Service Provider shall provide access to the User's log records belonging to the infrastructure service through the live web service stream that it provides.

APPENDIX-3

KUBERNETES SERVICES TERMS & CONDITIONS

 

1-Kubernetes is an open-source container orchestration platform. Containers are a technology used to package applications, services, and microservices, allowing them to run in a portable, scalable, and secure manner. Kubernetes facilitates the automation of the management of applications that run across multiple containers.

 

2-The Service shall be made ready for use within 1 business day following the User's purchase. However, if obtaining specific permissions and/or conducting infrastructure work is necessary for installation, this period will be notified to the User by the Service Provider via the Platform; in the event that the designated period is exceeded due to reasons not attributable to the Service Provider, the Service Provider shall not be liable for any responsibility.

 

3-The User acknowledges and declares that they can only receive the Kubernetes service provided by the Service Provider in conjunction with the Cloud Compute Engine (VPC) service specified in Appendix 2 of this Agreement. In the event that Kubernetes service is provisioned to a User who does not have the CCE service, the Service Provider will inform the User in writing or verbally that they need to acquire the CCE service. If the User does not acquire the CCE service within 3 (three) business days from this notification, the Service Provider may unilaterally cancel the Kubernetes service without the need for any further notice. The User unconditionally agrees, declares, and undertakes that they will not make any claims due to the cancellation of the Kubernetes service under this article.

 

4-The pricing for the Service will commence upon the completion of the installation and the delivery of the Kubernetes service to the User, ready for use and operational. Billing will be done monthly and based on the fees specified above, in TL or USD according to the User's request, and if the invoice is to be issued in TL, the relevant invoice will be sent to the User based on the QNB Finansbank Exchange Rates (www.qnbfinansbank.com) on the billing date.

 

5-The Service Provider shall forward the invoice for the Service to the User via the Platform on the first week of each month. The User shall make payment to the Service Provider via bank transfer or credit card to the bank account specified by the Service Provider within 7 (seven) days following the transmission of the invoice details to them via the Platform. The User is obliged to pay the fee related to the Kubernetes service in full and completely on its due date.

 

6-Billing for simultaneous participant capacity overruns and additional participant capacity increases will be calculated based on the records of the Service Provider. The User can track the current capacity usage information through the Platform.

 

APPENDIX-4

S3 SERVICES TERMS & CONDITIONS

 

 

1- The S3 service is a storage method that enables the storage and management of data as objects. Unlike files, objects consist of a key-value pair and include a set of metadata. This service is used for the storage, archiving, and backup of large data sets. Data is managed using unique keys rather than a hierarchical file system in most cases. This allows for faster retrieval, querying, and high-scale storage of stored data.

 

2-The Service shall be made ready for use within 1 business day following the User's purchase. However, if obtaining specific permissions and/or conducting infrastructure work is necessary for installation, this period will be notified to the User by the Service Provider via the Platform; in the event that the designated period is exceeded due to reasons not attributable to the Service Provider, the Service Provider shall not be liable for any responsibility.

 

3-The pricing for the Service will commence upon the completion of the installation and the delivery of the S3 service to the User, ready for use and operational. Billing will be done monthly and based on the fees specified above, in TL or USD according to the User's request, and if the invoice is to be issued in TL, the relevant invoice will be sent to the User based on the QNB Finansbank Exchange Rates (www.qnbfinansbank.com) on the billing date.

 

4-The Service Provider shall forward the invoice for the Service to the User via the Platform on the first week of each month. The User shall make payment to the Service Provider via bank transfer or credit card to the bank account specified by the Service Provider within 7 (seven) days following the transmission of the invoice details to them via the Platform. The User is obliged to pay the fee related to the S3 service in full and completely on its due date.

 

5-Billing for simultaneous participant capacity overruns and additional participant capacity increases will be calculated based on the records of the Service Provider. The User can track the current capacity usage information through the Platform.

 

APPENDIX-5

CDN SERVICES TERMS & CONDITIONS

 

1- CDN (Content Delivery Network) is a service used to deliver content to users faster, more securely, and more efficiently. CDN has a globally distributed network of servers, and these servers deliver web content to users from the nearest location. CDN stores and serves web content, including both static and dynamic content, to users quickly.

2- The Service shall be made ready for use within 1 business day following the User's purchase. However, if obtaining specific permissions and/or conducting infrastructure work is necessary for installation, this period will be notified to the User by the Service Provider via the Platform; in the event that the designated period is exceeded due to reasons not attributable to the Service Provider, the Service Provider shall not be liable for any responsibility.

3- The pricing for the Service will commence upon the completion of the installation and the delivery of the CDN service to the User, ready for use and operational. Billing will be done monthly and based on the fees specified above, in TL or USD according to the User's request, and if the invoice is to be issued in TL, the relevant invoice will be sent to the User based on the QNB Finansbank Exchange Rates (www.qnbfinansbank.com) on the billing date.

4- The Service Provider shall forward the invoice for the Service to the User via the Platform on the first week of each month. The User shall make payment to the Service Provider via bank transfer or credit card to the bank account specified by the Service Provider within 7 (seven) days following the transmission of the invoice details to them via the Platform. The User is obliged to pay the fee related to the CDN service in full and completely on its due date.

5- Billing for simultaneous participant capacity overruns and additional participant capacity increases will be calculated based on the records of the Service Provider. The User can track the current capacity usage information through the Platform