Service and Usage Agreement

SİSTEMDC SUNUCU VE İNTERNET HİZMETLERİ

VIRTUAL SERVER (VPS/VDS) AND DEDICATED SERVER SERVICE AGREEMENT

Translation notice: This English text is provided for information purposes only. In the event of any discrepancy between this translation and the Turkish version, the Turkish version shall prevail.
This agreement applies to virtual server and dedicated server services provided over the internet and consists of the rules that set out the general terms of service use between natural persons or legal entities and SistemDC Sunucu ve İnternet Hizmetleri. You must read this agreement in full before placing any service order. The service agreement contains the rules you are required to comply with. If you do not accept this agreement or any of its terms, please cancel your order.
IMPORTANT — Responsibility for Automated VPS/VDS RequestsWhen submitting an automated virtual server (VPS/VDS) request through the panel, the customer is personally responsible for the package, operating system, add-on services and configurations selected. SİSTEMDC cannot be held liable for any data loss, reinstallation or service interruption arising from incorrect or unintended requests.
ARTICLE 1 - PARTIES

This agreement is entered into between SistemDC Sunucu ve İnternet Hizmetleri (hereinafter referred to as 'SİSTEMDC'), residing at Yenimahalle Devrengeç Cd. Erol Saçmacı Apt. B Blok No:9 D:6 Yıldırım/BURSA, Tax No: 9640610925, Tax Office: Setbaşı, on the one hand, and the customers purchasing the services provided by SİSTEMDC (hereinafter referred to as the 'CUSTOMER'), on the other hand.

ARTICLE 2 - SUBJECT OF THE AGREEMENT

The subject of this agreement is to set out the terms of use of the Virtual Server (VPS/VDS) and Dedicated Server services provided by SİSTEMDC. The agreement enters into force upon the customer's purchase of the service, and the parties are deemed to have accepted all provisions contained herein.

ARTICLE 3 - SCOPE AND DEFINITION OF SERVICES
3.1. VPS (Virtual Private Server) and VDS (Virtual Dedicated Server) are virtual server services created using virtualization technology. A Dedicated Server is a fully equipped server service allocated exclusively to the customer, whose resources are not shared.
3.2. SİSTEMDC provides the customer with virtual server or dedicated server service within the specified package features.
3.3. Server package features (RAM, CPU, disk, traffic, etc.) are clearly stated on the website.
3.4. Changes to package features are announced on our website.
3.5. Responsibility for server administration rests entirely with the customer.
3.6. The customer is responsible for all operations performed on the server and all content published.
3.7. SİSTEMDC is responsible for the maintenance of the server's physical infrastructure and the continuity of the network connection.
3.8. Changes to hardware components of dedicated servers are listed on our website. Sending customer-owned physical components to the data center and installing them is prohibited.
ARTICLE 4 - BACKUP AND DATA SECURITY
4.1. Responsibility for backups on virtual and dedicated servers rests entirely with the customer.
4.2. SİSTEMDC does not provide an automatic backup system as standard for VPS/VDS and dedicated server services.
4.3. A backup service may be requested for an additional fee.
4.4. SİSTEMDC cannot be held liable in the event of any data loss, hardware failure or system error.
4.5. The customer is obliged to back up critical data regularly and securely.
4.6. SİSTEMDC is not responsible for data loss that may occur due to hardware failures on dedicated servers.
ARTICLE 5 - HARDWARE AND STORAGE
5.1. SİSTEMDC may use new or refurbished (previously used, tested and put into service) hardware in its servers. Unless expressly stated otherwise in the order, no commitment to "new hardware" is made.
5.2. Every disk put into service undergoes a SMART health test before delivery. Disks with any reallocated, pending or uncorrectable sectors, or with less than 70% remaining life according to the manufacturer's indicator, are not delivered to the customer.
5.3. A disk's power-on hours, previous write volume and brand/model choice are at SİSTEMDC's discretion. SİSTEMDC's commitment is that the hardware is healthy and in working order.
5.4. When a fault is detected in SİSTEMDC-owned hardware, the faulty part is replaced free of charge, as soon as possible, with an equivalent or superior part.
5.5. In RAID 1 (mirror) configurations, a single disk failure does not cause data loss and the service continues to operate. Replacing the failed disk may require a short planned maintenance window.
5.6. No hardware configuration, including RAID, replaces a backup. Backing up data is the CUSTOMER's responsibility under Article 4.
ARTICLE 6 - RESTRICTIONS OF USE AND LEGAL OBLIGATIONS
6.1. All of our services may be used for lawful purposes only. The customer is fully responsible for all content and applications it publishes.
6.2. The following activities are strictly prohibited:
  • ▸ Copyright and trademark infringement
  • ▸ Sending spam e-mail
  • ▸ DDoS attacks or hosting malware
  • ▸ Phishing, hacking or similar cyber-attack activities
  • ▸ Any content involving child abuse
  • ▸ Illegal commercial activities
  • ▸ Gambling, betting or illegal broadcasting
6.3. Under Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications, SİSTEMDC, in its capacity as a hosting provider, is not obliged to monitor the content it hosts or to investigate whether any unlawful activity is taking place.
6.4. Where unlawful use is detected or a notice is received from the authorities, SİSTEMDC has the right to suspend or terminate the service immediately.
6.5. If an IP address is blacklisted due to spam, the account will be permanently closed.
ARTICLE 7 - RESOURCE USAGE AND LIMITS
7.1. The customer is obliged to use the resources included in the purchased package (CPU, RAM, disk, bandwidth) within the limits.
7.2. When excessive resource usage is detected, SİSTEMDC will warn the customer and request that it be corrected.
7.3. If resource usage is not corrected, SİSTEMDC may temporarily suspend the service or recommend a package upgrade.
7.4. The traffic quota and the fair-use limit are specified in the package details and on the Fair Use Policy page of the website. A monthly fair-use limit also applies to services offered as “unlimited”.
7.5. If the fair-use limit is exceeded, SİSTEMDC may reduce the service’s port speed to 10 Mbps, the level stated in the Fair Use Policy. Exceeding the traffic limit alone is not grounds for suspending or terminating the service.
7.6. No additional charge shall be accrued or invoiced for traffic usage or quota excess without the Customer’s knowledge and approval. Additional capacity is provided only with its price notified to the Customer in advance and with the Customer’s approval.
7.7. On dedicated servers, all resources belong to the customer and are not shared with other users.
ARTICLE 8 - PAYMENT, INVOICING AND RENEWAL
8.1. The service fee is paid in advance for the billing period chosen at the time of order (monthly, quarterly, annually).
8.2. Payments are made using the payment methods determined by SİSTEMDC (credit card, wire transfer, EFT).
8.3. The service is activated after payment is received. Activation usually takes up to 24 hours for virtual servers and 24-48 hours for dedicated servers.
8.4. There is no automatic renewal at the end of the term. The customer is responsible for making the renewal payment for the service to continue.
8.5. If payment is not made, the service is first suspended (3 days) and then permanently closed (10 days).
8.6. Billing information must be provided by the customer accurately and completely. Any issues arising from incorrect billing information are the customer's responsibility.
8.7. For orders that give rise to suspicion, SİSTEMDC may, before activating the service, request information and documents from the Customer proving identity, address or ownership of the payment instrument. Use of identity/billing information that belongs to someone else or is untrue, payment with an instrument suspected of being stolen, and a detected link to an account whose agreement was previously terminated are circumstances that give rise to suspicion.
8.8. If verification is not completed within 72 hours or the suspicion cannot be resolved, SİSTEMDC may cancel the order. In that case the amount collected is refunded to the instrument used for payment; Article 9.4 does not apply to this refund. In the event of a chargeback or payment dispute, the service concerned and the Customer's account are suspended immediately.
ARTICLE 9 - TERM, TERMINATION AND CANCELLATION
9.1. The agreement enters into force upon confirmation of payment.
9.2. The service term is valid for the duration of the purchased package.
9.3. Except for VPS/VDS (virtual rental server) services, the customer may request a refund within the first 15 days without giving any reason. (Third-party services such as domain names and license fees are excluded from refunds.)
9.4. No refunds are made for VPS/VDS services. Upon order confirmation, server resources reserved for the customer (CPU, RAM, disk space, IP address, etc.) are allocated immediately, and operating system installation and configuration begin. Since the allocated resources cannot be transferred to another customer once installation is complete and infrastructure costs are incurred immediately, VPS/VDS service fees are excluded from refunds.
9.5. Where the customer suffers harm due to an error attributable to SİSTEMDC, a technical failure or the inability to provide the committed service, the full amount paid or the portion corresponding to the remaining service period may be refunded following an assessment of the situation.
9.6. For termination requests made after the 15-day refund period, the amount paid is not refunded.
9.7. SİSTEMDC may terminate the agreement unilaterally in the following cases:
  • ▸ Breach of the terms of the agreement
  • ▸ Detection of illegal content or activity
  • ▸ Non-payment
  • ▸ Use that would damage the technical infrastructure
  • ▸ Orders that cannot be verified under Article 8.7 or that were placed with untrue information
  • ▸ Chargeback or unjustified payment dispute
  • ▸ Breaches of the customer conduct rules set out in Article 15
9.8. In the event of termination, the customer is given 7 days to retrieve its data. This period is not granted for terminations under Article 15.3.
ARTICLE 10 - TECHNICAL SUPPORT
10.1. SİSTEMDC provides technical support on the following matters:
  • ▸ Server infrastructure and network issues
  • ▸ Initial operating system installation (free of charge)
  • ▸ IP assignments and DNS settings
  • ▸ Hardware fault diagnosis and replacement on dedicated servers
10.2. The following matters are outside the scope of technical support:
  • ▸ Software installed by the customer
  • ▸ Configurations within the operating system
  • ▸ Website and application development
  • ▸ Firewall and antivirus software settings
10.3. Support requests are accepted 24/7 via e-mail or the support system.
10.4. Non-urgent requests are answered within 24-48 hours.
10.5. On dedicated servers, a fee may be charged for reinstallations other than the initial installation.
ARTICLE 11 - LIMITATION OF LIABILITY
11.1. SİSTEMDC is not responsible for the customer's content and activities on the server.
11.2. SİSTEMDC cannot be held liable for indirect damages that may arise from data loss, system failures, hardware failures or service interruptions.
11.3. SİSTEMDC's liability is limited to the service fee paid by the customer.
11.4. SİSTEMDC is not responsible for service disruptions caused by force majeure (natural disasters, terrorism, war, power outages, internet infrastructure problems, etc.).
11.5. SİSTEMDC informs customers in advance of planned maintenance work.
ARTICLE 12 - PROTECTION OF PERSONAL DATA (KVKK)
12.1. The parties act in accordance with the Turkish Personal Data Protection Law No. 6698 (KVKK).
12.2. Customer information (name, surname, address, telephone, e-mail, Turkish ID number, etc.) is processed solely for the purposes of service provision, invoicing and legal obligations.
12.3. Personal data is not shared with third parties except where required by law (court order, prosecutor's request, etc.).
12.4. The customer may request the deletion or correction of its personal data.
ARTICLE 13 - RIGHT TO AMEND
13.1. SİSTEMDC reserves the right to amend this agreement.
13.2. Amendments are announced on the website and apply to new orders.
13.3. For existing customers, amendments take effect on the renewal date.
ARTICLE 14 - DISPUTE RESOLUTION
14.1. The Courts and Enforcement Offices of Bursa have jurisdiction over any disputes arising from this agreement.
14.2. The parties accept that SİSTEMDC's books and records constitute evidence pursuant to Article 193 of the Turkish Code of Civil Procedure (HMK).
14.3. This agreement is governed by the laws of the Republic of Türkiye.
ARTICLE 15 - CUSTOMER CONDUCT AND COMMUNICATION
15.1. The Customer shall not use insulting, profane, threatening, harassing or discriminatory language towards SİSTEMDC staff in support tickets, by telephone, WhatsApp, e-mail or any other communication channel.
15.2. The following behaviour also constitutes harassment under this article:
  • ▸ Opening many support tickets in a row on the same subject without waiting for a reply, or flooding an open ticket with repeated messages
  • ▸ Sending constant and intensive messages via WhatsApp, SMS or social media
  • ▸ Calling staff persistently and repeatedly
  • ▸ Disturbing staff by contacting their personal phone numbers or personal accounts
15.3. On the first breach the Customer is warned in writing; the ticket concerned may be closed and communication may be continued through the support system only. In the event of breaches involving threats, or repeated despite a warning, the agreement is terminated by SİSTEMDC immediately without any additional period and the services are closed; the 7-day data retrieval period in Article 9.8 is not granted for such termination. The fee for the unused service period is refunded pro rata; Article 9.4 does not apply to this refund.
15.4. Complaints, objections and criticism made in a courteous manner do not constitute a breach of this article.
15.5. New orders from persons whose agreement was terminated or whose order was cancelled under Article 6, 8.8 or 15.3 may be refused on justified grounds. For this purpose the necessary identity and contact information is retained for the period stated in the Personal Data and General Privacy Agreement.
ARTICLE 16 - OBJECT STORAGE (S3) SERVICE
16.1. Scope. This article applies specifically to SİSTEMDC's S3-compatible object storage service (“Object Storage”). On the matters it governs, this article applies instead of the other articles of this agreement.
16.2. Data location and durability. Data uploaded to Object Storage is stored only in SİSTEMDC's Istanbul data center, within the borders of Türkiye; it is not transferred abroad and no copy is kept abroad. Data is stored in a single location, in a structure that tolerates several simultaneous disk failures, and encrypted at disk level. A geographically separate second copy is not included in the service. Article 4 also applies to this service; the Customer is responsible for keeping a copy of its critical data in a separate location.
16.3. Unit of measurement. Decimal units are used for billing: 1 GB = 1,000,000,000 bytes, 1 TB = 1,000 GB. Usage is measured at byte level. The billed amount is the logical size of the objects uploaded by the Customer, including previous object versions and incomplete multipart uploads. Additional copies and parity space kept by SİSTEMDC for data protection are not billed.
16.4. Price and currency. Object Storage prices are set in US Dollars (USD), excluding VAT; unit prices are stated on the order page. Invoices are issued in Turkish Lira at the exchange rate on the invoice date, with statutory VAT added. Pricing is tiered: the first 5 TB of monthly usage is charged at the first-tier unit price, and the part above 5 TB up to 20 TB at the second-tier unit price. Usage above 20 TB is quoted individually.
16.5. Minimum charge. At least 1 TB is billed each month. If monthly usage is below 1 TB, the 1 TB charge still applies.
16.6. Calculation of monthly usage. Monthly usage is the average, over the month, of the Customer's storage measured each day. Usage above 1 TB is calculated per GB, pro rata. Charges for deleted data end on the day it is deleted; no separate fee is charged for deleted data.
16.7. Minimum commitment period (3 months). The minimum commitment period of the Object Storage service is 3 months from the date the service is activated. During this period at least the minimum charge under Article 16.5 is billed each month. If the Customer ends the service before the 3 months have passed, the minimum charge for the remaining months of the commitment period is added to the final invoice; this amount is not claimed where the service ends for reasons attributable to SİSTEMDC under Article 9.5. After the 3 months, the service continues monthly and the Customer may end it at any time.
16.8. Payment. The minimum charge (1 TB) is paid monthly in advance. Usage above the minimum is calculated at the end of the month concerned and added to the next invoice; Article 8.1 does not apply to this part. The Customer can follow a detailed breakdown of its usage in the customer panel. These charges arise from the usage-based pricing accepted by the Customer when ordering and are deemed charges approved in advance within the meaning of Article 7.6.
16.9. Requests and data download. API requests (upload, list, read, delete) and data download are not charged separately. If the monthly download volume exceeds the average storage amount for that month, SİSTEMDC warns the Customer and may limit the connection speed without charging any fee for the excess.
16.10. Quota. SİSTEMDC may set a storage quota per account to protect the infrastructure. The Customer may request a quota increase free of charge; the space used is billed at the prices under Article 16.4.
16.11. Object Lock (immutable storage). The Customer may use Object Lock on its own buckets and is responsible for setting the retention period according to its own needs. Objects locked in “Compliance” mode cannot be deleted or modified by either the Customer or SİSTEMDC until the retention period ends. Charges for these objects accrue until the end of the retention period even if the service is suspended or the agreement is terminated or expires. SİSTEMDC reserves the right to block access to these objects where required by law.
16.12. Personal data. With respect to the data uploaded by the Customer to Object Storage, the Customer is the data controller and SİSTEMDC is the data processor. SİSTEMDC stores this data only to provide the service; except where required by law, it does not access or examine its content or transfer it to third parties. At the Customer's request, the parties sign a separate Data Processing Agreement. Access logs of the service (time, IP address, operation performed) are retained for security purposes and legal obligations for the period set by the applicable legislation.
16.13. Suspension and termination. If payment is not made, Article 8.5 applies; during suspension the data is preserved but access is closed. When the service is closed or the agreement ends, all data except objects locked with Object Lock is permanently deleted and cannot be recovered; Article 9.8 is reserved. The Customer is responsible for moving its data before the service ends. The final invoice includes usage above the minimum for the last month and, where applicable, the remaining commitment amount under Article 16.7.
16.14. Refunds. Usage-based charges and the commitment amount under Article 16.7 are not refunded. The 15-day refund right under Article 9.3 applies only to the first month's minimum charge paid in advance and only if no data has been uploaded to the service; in that case the remaining commitment amount is not claimed either.
ARTICLE 17 - ENTRY INTO FORCE
17.1. This agreement enters into force when the customer purchases and/or starts using the service.
17.2. By placing an order, the customer declares that it has read, understood and accepted this agreement.

SİSTEMDC SUNUCU VE İNTERNET HİZMETLERİ

Yenimahalle Devrengeç Cd. Erol Saçmacı Apt. B Blok No:9 D:6 Yıldırım/BURSA, Türkiye

Tax No: 9640610925 | ASN: 211804 | Tel: +90 224 334 02 42 | www.sistemdc.com

+902243340242