SERVICE CONTRACT - PRELIMINARY INFORMATION
1. Parties
On one side; “Otakçılar Cad. Premier DC Veri Merkezi A.Ş., located at “No: 78 Floor: 4 Flatofis Eyüp/ İstanbul” (Bayrampaşa VD, Tax number 4630494683). (hereinafter referred to as "SERVICE PROVIDER" in this agreement) and on the other side; The natural or legal person whose information is obtained through the registration form on the site by purchasing the SERVICE PROVIDER's products/services through the SERVICE PROVIDER's website "www.premierdc.com.tr" (this site) (in this agreement, "CUSTOMER" and/or or "YOU") have accepted this Preliminary Information Form and Service Agreement (in short, the "Agreement") in the form and conditions set out below.
From now on, in the Contract; YOU/CUSTOMER and SERVICE PROVIDER may be referred to individually as "Party" and together as "Parties".
2. Subject and Purpose of the Contract
The subject of this Agreement; Among the products/services that the SERVICE PROVIDER offers for sale online through the "www.premierdc.com.tr" website or the website to be directed by the SERVICE PROVIDER, the products and services that the CUSTOMER has ordered and whose sales prices and qualities are specified during the ordering process. It covers the rights and obligations of the parties regarding the sale and use, and for Customers who qualify as Consumers, subject to the provisions of the Law No. 6502 on the Protection of Consumers - Distance Contracts Regulation (OG: 27.11.2014/29188).
By accepting this Preliminary Information Form and Service Agreement, the CUSTOMER accepts in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and additional fees, such as shipping fee and tax, if any, and that he has been informed about this.
Your acceptance of this Agreement electronically also means that you will be bound by this Agreement and the General Terms of Use, Privacy - Security Policy, Operational Working Conditions and agreements specific to the product/service you purchased, available on the "www..premierdc.com.tr" website, which are added to the Agreement by reference. It will mean that you have read, understood and agreed within the scope of the Regulation on Distance Sales and the relevant Consumer Legislation and that you have been given preliminary information within the scope of the Law No. 6502 on the Protection of Consumers - Distance Contracts Regulation and that you accept that the provisions of the Agreement are binding on you.
3. Effective Date and Duration of the Agreement
3.1. Duration of this Agreement; Following the CUSTOMER's request (order) to purchase products/services online via the "www.premierdc.com.tr" website belonging to the SERVICE PROVIDER or the website to be directed by the SERVICE PROVIDER, the presentation (activation) of the requested product/service ) starts on the date. SERVICE PROVIDER records will be taken as basis for the activation date.
3.2. Contract duration; It is the usage period of the product/service selected by the CUSTOMER when ordering.
3.3. If the contract period is extended, changes in prices will be reflected to the CUSTOMER and charges will be made based on the current prices.
3.4. In case of premature termination of the Agreement, except for termination by written notice by the CUSTOMER for a justified reason arising from the SERVICE PROVIDER, no refund will be made to the CUSTOMER by the SERVICE PROVIDER.
4. Notifications
4.1. SERVICE PROVIDER will use the e-mail address provided by the CUSTOMER for all notifications to the CUSTOMER, including service renewal. The CUSTOMER is responsible for ensuring that this address is a valid address, that it belongs to an authorized person regarding the services received, and that it is kept up to date. Assuming that the CUSTOMER knows the service renewal periods; CUSTOMER accepts that he/she will not hold the SERVICE PROVIDER responsible for any disruptions that may occur in the services due to problems or delays that may occur under any circumstances in the e-mail notifications regarding the renewal transactions made by the SERVICE PROVIDER.
4.2. The CUSTOMER states that the information to be provided to the SERVICE PROVIDER during registration/or after starting to use the service is correct and up-to-date, and that the CUSTOMER will not claim any rights or compensation from the SERVICE PROVIDER due to any disruptions or damages that may arise from the information provided to the SERVICE PROVIDER being incorrect, incomplete or not up-to-date, The identity and contact information and e-mail address provided are valid, accurate and complete, and will be accepted as such by the SERVICE PROVIDER, and unless otherwise notified in writing by the CUSTOMER, all notifications and billing transactions to be made by the SERVICE PROVIDER to the CUSTOMER will be made within the scope of this information, and acknowledges, declares and undertakes that the information transmitted is followed by an authorized person on the CUSTOMER side regarding the service subject to this Agreement, and that in case of any changes, the SERVICE PROVIDER will be informed. Any liability that may arise from this information not being accurate, complete and up-to-date belongs to the CUSTOMER.
4.3. After accepting the order and confirming the transactions, the CUSTOMER can use the service by making definitions regarding its services through the control panel. If the service received involves a process that requires manual intervention other than the control panel, the SERVICE PROVIDER will carry out the necessary work and convey the necessary information regarding the use to the CUSTOMER and the service will be started. The CUSTOMER is responsible for keeping its information up to date on the Customer Control Panel that will be allocated to it electronically and for the confidentiality of the username and password given to it, and the CUSTOMER is responsible for any damage or loss that may arise from these issues.
4.4. CUSTOMER agrees to send informational mail regarding the campaigns, products/services of the SERVICE PROVIDER to the e-mail address provided to the SERVICE PROVIDER and to have his/her name shown as a reference on the website or through other channels by the SERVICE PROVIDER.
5. Fee, Billing and Payment
5.1. The fee to be paid for the services received by the CUSTOMER is the amount specified during the ordering process. It is calculated by including VAT and other legally required taxes, if any, in the specified fees, and after being shown to the CUSTOMER, collection is made if he approves.
5.2. Fees for the service received will be specified during the ordering process. CUSTOMER agrees to pay for the services and products ("service/s") purchased at the time it requests the service from the SERVICE PROVIDER. Payment is made by the CUSTOMER through one of the payment methods offered to the CUSTOMER on the SERVICE PROVIDER's website.
5.3. For payments to be made in foreign currency, payment must be made at the Foreign Exchange Selling Rate of the Central Bank of the Republic of Turkey on the payment date.
5.4. When a service is purchased, if, for any reason, the SERVICE PROVIDER cannot collect the full fee for the services it provides from the CUSTOMER or faces any problems regarding the payment made to it for any fee it has previously collected (for example, payments made with a stolen credit card), SERVICE PROVIDER may resort to all administrative, procedural, judicial and penal remedies in terms of collecting the fee, and CUSTOMER acknowledges and declares that he/she is aware of this.
5.5. In cases where the CUSTOMER does not make the payment at all or on time at the beginning or renewal of the Contract, or if there is a problem with the payment made / payment is made with a stolen credit card, etc., SERVICE PROVIDER shall immediately terminate the service received without any notice, without prejudice to its other legal rights. may be canceled and/or suspended and/or limited. CUSTOMER accepts this issue.
5.6. SERVICE PROVIDER reserves the right to charge a reasonable service fee at all times for other tasks beyond the scope of its regular services and for additional service or product requests. These include, but are not limited to, customer service issues that cannot be resolved via email and require personal service, disputes that require special service, etc. services. These collections will be billed as accurately as possible to CUSTOMER's Payment Method on file with SERVICE PROVIDER.
5.7. CUSTOMER, in case of renewal of the order/contract period; is obliged to pay the current price of the service whose period is extended on the renewal date. Otherwise, by the SERVICE PROVIDER in accordance with 5.5 above. In addition to taking the measures specified in the article, the exchange rate difference invoice may be issued due to late payment and a late payment interest of 2% per month may be charged from the due date until the actual payment date.
5.8. SERVICE PROVIDER; reserves the right to make prospective changes to prices and tariffs without prior notice. CUSTOMER accepts, declares and undertakes any changes that may occur in advance regarding these changes.
5.9. If the CUSTOMER pays by credit card and chooses the automatic payment option during the service purchase, the service fee will be automatically deducted from the credit card entered into the system during the service renewal period and no refund will be made, and the SERVICE PROVIDER will be responsible for any problems and/or delays that may occur due to the inability to collect the credit card. accepts that he cannot be held responsible. He accepts that if the Customer does not pay on time, his services will not be renewed, that the SERVICE PROVIDER is not responsible for any interruptions/delays that may occur in all services provided, and that he will not claim any damages from the SERVICE PROVIDER.
5.10. SERVICE PROVIDER; Once the CUSTOMER accepts this Agreement and confirms the order, the CUSTOMER will have the right to collect the purchased service fees from the credit card account provided by the CUSTOMER during the order.
5.11. Taxes are not included in these fees. For all services provided to the CUSTOMER within the scope of the contract, taxes calculated in accordance with the relevant tax legislation are invoiced to the CUSTOMER together with the service fees. If new taxes are charged to the SERVICE PROVIDER following changes in tax rates or changes made in these taxes, these new taxes are reflected on the Customer.
5.12. The invoice(s) issued by the SERVICE PROVIDER regarding the services purchased by the CUSTOMER are sent to the invoice address specified by the CUSTOMER by post, e-mail, courier, cargo, registered electronic notification address, e-invoice or any other method to be agreed upon by the parties. CUSTOMER can also access a copy of the invoices issued by the SERVICE PROVIDER through the internet-based interface of the SERVICE PROVIDER. CUSTOMER is obliged to follow the samples of invoices issued to him/her using this interface. In cases where the invoice sent by one of the methods mentioned above does not reach the CUSTOMER, the CUSTOMER is obliged to notify the SERVICE PROVIDER within 10 days after the invoice date, otherwise the CUSTOMER undertakes not to raise an objection regarding the invoices that are not received or are received later.
5.13. If used within the scope of services received; Türk Telekom, Boğaziçi Elektrik Dağıtım A.Ş. Increases made by infrastructure service providers such as may be reflected to the CUSTOMER by the SERVICE PROVIDER, and in such a case, the price changes to be made by the SERVICE PROVIDER will be notified to the CUSTOMER one (1) month in advance. CUSTOMER accepts this situation in advance.
6. Termination
6.1. During the contract; If one of the Parties does not fulfill its obligations specified in this Agreement, general terms of use, and contract regarding the service/s received for more than seven (7) days, or if it is determined that the information declared by the CUSTOMER to the SERVICE PROVIDER is not correct, the other Party may terminate the contract unilaterally. and may terminate it immediately. CUSTOMER; He declares, accepts and undertakes that in case he violates his obligations or causes termination due to misrepresentation, he cannot request a refund of the fee he has paid, regardless of the remaining period, and in case of monthly payment, all payments required to be made until the end of the order period for the relevant service/s will become due.
6.2. CUSTOMER has the right to terminate the contract regarding the service he/she has received at any time within the period without giving any reason, provided that he gives 10 days' written notice. However, in case of such termination, CUSTOMER; He declares, accepts and undertakes that he is obliged to pay in advance the price of the relevant Contract and / or service until the normal expiration time, and that he cannot request a refund if he has paid this price.
6.3. If this Agreement is terminated for any reason; CUSTOMER is responsible for transferring configuration, data, content, etc. information belonging to CUSTOMER systems. Before the contract expiration date; If the information in question is not transferred, all content will be deleted and a copy will not be provided by the SERVICE PROVIDER.
6.4. In case of termination of the contract for any reason, all energy connections of the server, cabinet, etc. inventory, if any, used by the CUSTOMER, will be disconnected, and the inventory that is not owned by the SERVICE PROVIDER or that is not added by the SERVICE PROVIDER for the purpose of offsetting its receivables will be removed from the contract within 3 (three) days from the termination date of the contract. It must be delivered to the SERVICE PROVIDER's address within the same day. Otherwise, the SERVICE PROVIDER will not have any responsibility regarding the inventories, nor will it be liable to pay any compensation arising from the unavailability of the inventory.
7. Responsibilities
7.1. CUSTOMER declares, accepts and undertakes to comply with the notifications and warnings sent by the SERVICE PROVIDER within the scope of the service it receives. CUSTOMER cannot distribute or sell the services provided to him/her free of charge and/or unlimitedly to third parties, with or without fee and/or limited or unlimited services.
7.2. CUSTOMER accepts that if the website receives shared hosting service and causes a situation that disrupts the services of other customers of the SERVICE PROVIDER due to reasons such as excessive system load or security vulnerability of the website, its services may be stopped.
7.3. CUSTOMER accepts that in case of exceeding the quota within the scope of any service purchased, the service will be automatically stopped. Quota exceedance varies depending on the scope and content of the service purchased, and in case of exceedance, the CUSTOMER will be informed.
7.4. CUSTOMER undertakes not to act contrary to the laws of the Republic of Turkey, the Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed through These Publications, general morality and etiquette in e-mail communication, web publications and all transactions related to this subscription, and to not violate the web pages belonging to itself or its customers, He accepts, declares and undertakes that he is entirely responsible for the content of ftp and other Internet services.
7.5. CUSTOMER is responsible for the installation, licenses, adjustments of software related to the service he receives, and all software-related work and any problems that may arise. SERVICE PROVIDER is not responsible for the actions and information provided by the CUSTOMER, and if the CUSTOMER wishes, he may request to rent the licenses of the software he uses through the SERVICE PROVIDER. CUSTOMER; If requested by the SERVICE PROVIDER, it is obliged to convey to the SERVICE PROVIDER the permission, usage and contract information regarding the license it uses.
7.6. CUSTOMER cannot rent, sell, transfer or allow others to use the right of use within the scope of this Agreement, otherwise the Agreement may be terminated for justified reasons, accepts and declares to compensate for any damages that may occur for this reason and to pay a penalty equal to the minimum contract price without the need for any legal notice or notice. and commits.
7.7. CUSTOMER; By signing this agreement, he accepts that he will not be able to gain titles and statuses such as representative, agency, commercial representative, partner, solution or business partner of the SERVICE PROVIDER, and will not be notified in this way in his commercial documents, promotional tools, brochures and announcements, on the website, with third parties related to him. cannot be found.
7.8. CUSTOMER acknowledges that in cases where one or more of the prohibited activities listed below are carried out on the server allocated to him, such as attacks on internal or external networks, etc. are illegal or will adversely affect the database of the SERVICE PROVIDER, the server will be disabled by the SERVICE PROVIDER without the need for a further warning. and he accepts, declares and undertakes that the fees he has paid up to that date will not be refunded in any way and that he is obliged to compensate for any damages that may occur for this reason. Within this responsibility, the CUSTOMER must comply with the laws of the Republic of Turkey, the regulatory procedures of the BTK (Information Technologies and Communication Authority) and the rules set and to be set by the SERVICE PROVIDER.
7.9. CUSTOMER undertakes to abide by the laws of the Republic of Turkey regarding the services it receives. CUSTOMER declares and undertakes that in cases where it violates the applicable laws and regulations through the services it receives, it will be solely responsible for this situation, will cover the damages suffered by the SERVICE PROVIDER and third parties due to the violation, and will hold the SERVICE PROVIDER harmless from any claims.
7.10. CUSTOMER; If the content published or contained causes the authorized/official authorities to apply to the SERVICE PROVIDER, he/she is aware that the SERVICE PROVIDER is obliged to fulfill the requests of the relevant official/authorized authorities to the extent of his/her authority, therefore he/she cannot make any requests and/or the SERVICE PROVIDER due to non-compliance with the law. declares and undertakes that he/she is liable to cover any damages incurred by .
7.11. SERVICE PROVIDER cannot be held responsible for any material or moral damages that may arise from the incorrect use of CUSTOMER data contained in the service it provides, data contents, or all data used via e-mail.
7.12. The CUSTOMER is entirely responsible for backing up all data and restoring backups within the scope of the service used. If the backup service is purchased separately from the SERVICE PROVIDER, the backup can be made by the SERVICE PROVIDER.
7.13. SERVICE PROVIDER reserves the right to stop the expired domain name, hosting, or other services it offers after the expiry of the period, and to cancel the service completely. There is no obligation to keep any data records after cancellation of expired or unpaid services.
7.14. SERVICE PROVIDER may suspend all services that threaten, threaten or may threaten its services, temporarily or indefinitely, without prior notice.
7.15. CUSTOMER accepts that SERVICE PROVIDER may move its own servers when necessary, as required by the business. In this context, an IP address collected to the CUSTOMER can be changed to a different IP address. SERVICE PROVIDER does not guarantee that it can constantly protect the IP addresses allocated to the CUSTOMER. If the IP address changes, SERVICE PROVIDER will notify the CUSTOMER of the new IP addresses that it will allocate for the CUSTOMER's use at least 2 (two) weeks in advance. In case such a change is required, the CUSTOMER will fulfill its obligations to make the change happen.
8. Physical Exercises
8.1. Customer; Following the signing of this Agreement, it will notify the SERVICE PROVIDER about the authorized persons it has appointed for the maintenance/malfunction of the services and equipment in its use and obtain the acceptance of the SERVICE PROVIDER. If there is a change in the persons in question, this will be notified to the SERVICE PROVIDER and its approval will be obtained. SERVICE PROVIDER reserves the right to request changes in the persons in question. In such a case, the CUSTOMER will make the necessary change.
8.2. 8.1 above. For the maintenance operations specified in the article, the CUSTOMER will inform the SERVICE PROVIDER in advance and agree with the SERVICE PROVIDER on the day, time and duration of the maintenance and the authorized persons who will perform the maintenance. In case of malfunction, SERVICE PROVIDER will enable the CUSTOMER to intervene in the malfunction as soon as possible. The work to be carried out by the CUSTOMER will be carried out under the supervision of personnel authorized by the SERVICE PROVIDER.
8.3. CUSTOMER cannot interfere with the hardware on the server, otherwise all responsibility belongs to him/her. It accepts and undertakes to pay the entire loss that may occur in such a case to the SERVICE PROVIDER in cash, in lump sum and in advance, without the need for any warning or notice.
8.4. CUSTOMER's 8.1., 8.2. and 8.3. If the SERVICE PROVIDER does not comply with the obligations specified in the articles, does not comply with the safety instructions / operational working conditions notified by the SERVICE PROVIDER, or violates other obligations under the contract; The right is reserved to not allow physical access to the CUSTOMER and not to allow these people into the area where their systems are located.
8.5. In case the CUSTOMER receives service from the infrastructure where the SERVICE PROVIDER provides shared services to other customers, the SERVICE PROVIDER; Although it takes every precaution, it cannot be held responsible in case of possible interruptions or attacks that may occur on these devices where shared services are provided.
8.6. CUSTOMER; He accepts, declares and undertakes that he is aware of the "Operational Working Conditions", which are annexed to this Agreement and kept constantly updated on the website, and that he is obliged to comply with them, and that the SERVICE PROVIDER reserves the right to reject the requests submitted to him if he does not find them in compliance with the Operational Working Conditions.
9. Internet Access Service
9.1. If the Customer has received internet service, a control panel is provided to the CUSTOMER where he can access this service via the internet at any time and monitor his line usage.
9.2. SERVICE PROVIDER is not responsible for any damage or loss that the CUSTOMER may incur due to malfunctions, errors, disruptions or interruptions that may occur in the telecommunication lines that are beyond its control and in the systems of the Internet Access Providers from which it receives service, and therefore the CUSTOMER , cannot claim any rights or compensation from the SERVICE PROVIDER. However, in such a case, the Contractor will make maximum efforts to correct the problem in question.
9.3. By the customer; In case the internet access speed is requested not to be subject to a certain limit due to project requirements;
Measurement will be applied on the basis of the industry standard "95 Percentile Model" and Contractor reports received electronically will be taken into account. 95 Percent Model: The values measured at the end of the month will be automatically sorted from largest to smallest by the measurement system operating in electronic environment, and the highest 5% peak values will be excluded from the calculation. The highest level of the remaining 95% will be accepted as the accrual basis value and line usage will be determined automatically according to this model.
9.4. If the CUSTOMER exceeds the internet quota purchased through the SERVICE PROVIDER, the fee for the exceeded portion will be charged separately.
10. Prohibited Activities
The following activities are strictly prohibited using SERVICE PROVIDER services. Although the SERVICE PROVIDER has no responsibility to monitor the content, it reserves the right to stop, restrict or completely terminate the services of the users if it is detected that these activities are being carried out.
10.1. Prohibited activities include any action or behavior that is considered a crime by law, including but not limited to those listed below.
i. Sending Spam
Spam is the sending of bulk and/or commercial messages via the internet without the recipient's consent. Sending spam not only damages the commercial reputation and reliability of the SERVICE PROVIDER, but may also cause its systems to be overloaded and the quality of services provided to customers to decrease.
Those who receive the relevant services from the SERVICE PROVIDER cannot send Spam, nor can they operate their systems unprotected and open to the use of third parties/institutions in a way that facilitates the sending of Spam.
ii. Crimes Against Intellectual and Artistic Works, Private Life and Personal Rights
Behaviors that may be committed against the intellectual and industrial rights of individuals or institutions and that may constitute a crime within the scope of the "Intellectual and Artistic Works Law", "Trademarks Law", "Turkish Commercial Code", "Law on the Protection of Patent Rights" and other relevant legislation and privacy of private life and crimes against personal rights are within this scope.
iii. Phishing Attacks
Phishing is the process of deceiving users through fake websites and e-mails and obtaining private information about the users, from their identity information, credit card information, bank account numbers to the internet password of this account.
iv. Illegal or Unauthorized Access to Other Computers and Networks
Trying to access other people's computers, user accounts or networks by unauthorized or illegal means (hacking) and other activities that will allow illegal or unauthorized access to systems (port scan, stealth scan, etc.).
v. Virus, Worm, Trojan Horse etc. Activities Related to Harmful Distribution
Activities that may cause disruption in other users' use of the SERVICE PROVIDER's network or any other network, system, service or device connected to it, such as internet viruses, sending trojan horses or pinging, flooding, mailbombing.
vi. Excessive Resource Usage on Shared Servers
Within the scope of hosting services, SERVICE PROVIDER has services provided through shared hardware platforms. A website that is available within the scope of this service creates excessive traffic or excessive resource usage, excessive e-mail sending and/or receiving from e-mail addresses used within the scope of the e-mail hosting service, excessive processor usage of the virtual server used within the scope of the shared hosting service. or in cases of excessive traffic, the SERVICE PROVIDER reserves the right to suspend service for a short time or indefinitely without prior notice, in order to prevent the services of customers receiving service through the same hardware platform from being negatively affected.
11. Right of Withdrawal, Use and Conditions
11.1. Right of Withdrawal: The Customer, who is a consumer, has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. The right of withdrawal period is the day the contract was established in contracts regarding the performance of services; In contracts regarding the delivery of goods, it starts on the day the consumer or a third party designated by the consumer receives the goods. However, the consumer can also exercise his right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
11.2. Duration of the Right of Withdrawal:
In determining the period of right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day when the consumer or the third party designated by the consumer receives the last good,
b) In case of goods consisting of more than one piece, the day when the consumer or the third party designated by the consumer receives the last piece,
c) In contracts where regular delivery of goods is made for a certain period of time, the day when the consumer or the third party determined by the consumer receives the first goods is taken as basis.
In contracts where the delivery of goods and the performance of services are made together, the right of withdrawal provisions regarding the delivery of goods apply.
11.3. Use of the right of withdrawal:
Notification of the exercise of the right of withdrawal must be made, before the right of withdrawal expires, in writing or via a permanent data storage device, to the Service Provider's address or
[email protected] It is sufficient to send it to the SERVICE PROVIDER by opening a support ticket to the e-mail address or via the user panel allocated to the Customer. In exercising the right of withdrawal, the Customer may use the Right of Withdrawal Form or make a clear statement stating his/her decision to withdraw.
11.4. Service Provider; Within fourteen days from the date of receipt of the notification that the Customer has exercised his right of withdrawal, he shall refund all payments collected, including the delivery costs of the goods to the consumer, if any.
11.5. Exceptions to the right of withdrawal
The Customer, who is a consumer, cannot exercise his right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods that can quickly deteriorate or expire.
d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services whose performance begins with the approval of the consumer before the right of withdrawal expires.
12. Other Provisions
12.1. Notification: The addresses of the SERVICE PROVIDER specified in the beginning of the contract above and given by the CUSTOMER during the order are the legal notification addresses, and the notification made to the current address will be deemed valid unless the address changes are notified to the other party in writing. If the CUSTOMER is one of the companies that is legally required to obtain a registered electronic notification address, the SERVICE PROVIDER may also make notifications to this address.
SERVICE PROVIDER may send messages, information, letters, warnings, payment notifications, account activity charts and account statements to the e-mail address allocated to the CUSTOMER during the service period it provides. CUSTOMER cannot claim that the electronic messages in question were not received or did not reach him, and he declares, accepts and undertakes that he will be deemed to have legally notified the said messages 1 day after the date they were sent.
12.2. Force Majeure: Within the scope of this Agreement, natural disasters, fire, war, civil unrest, general strike, legal changes will be considered as Force Majeure and Force Majeure situations will be limited to these. If the Parties violate this Agreement due to Force Majeure circumstances, the violating Party will not be responsible for this violation. The Party affected by the force majeure shall notify the other Party in writing of the extent to which the obligations are not complied with and the period for which the obligations cannot be complied with, as soon as technically possible, but in any case within 1 (one) week at the latest after the force majeure event occurs (“force majeure notification”). . If such delay or deficiency ceases, the Party affected by the force majeure shall immediately notify the other Party in writing that the force majeure event has ended. If the effect of the Force Majeure situation lasts more than 1 (one) month and the affected Party cannot fulfill its obligations during this period, the other Party may terminate the Agreement unilaterally and without compensation.
12.3. Transfer and Assignment: CUSTOMER cannot transfer or assign any of its rights or obligations under this Agreement to any third party without the written consent and permission of SERVICE PROVIDER. SERVICE PROVIDER may transfer and assign its rights and obligations arising from the Agreement to its affiliated companies and partnerships, provided that the obligations under this Agreement are fulfilled exactly. This Agreement shall remain in force if the SERVICE PROVIDER's capital and/or partnership structure valid at the date of signing of this Agreement changes or if it merges with another company, establishes a new commercial partnership, or is acquired by another company.
12.4. Stamp Duty and Other Taxes: Stamp duty arising from this Agreement will be paid by the SERVICE PROVIDER and invoiced to the Customer. All other taxes, duties, duties and similar financial obligations arising from this Agreement are paid by the CUSTOMER.
12.5. Integral Annexes of the Agreement: Published on www.premierdc.com.tr and accepted by the CUSTOMER; The contract (if any), General Terms of Use, Operational Working Conditions and Privacy Policy, which have been prepared specifically for the service received by the CUSTOMER, are an annex and an integral part of this Agreement.
12.6. Disputes and Disputes: Istanbul Çağlayan Courts and Enforcement Offices are authorized to resolve disputes arising from the implementation of this agreement. Customers who are consumers can apply to the Consumer Arbitration Committee and/or Consumer Court to resolve disputes.