HDDİZAYN Software Informatics Technologies Agreement

HDDİZAYN Software Informatics Technologies is referred to as "HDDİZAYN" and "hddizayn.com."

Customer and User definitions represent individuals or entities purchasing products/services through the hddizayn and hddizayn.com website.

All customers who create accounts, shop, and benefit by accessing www.hddizayn.com ("Website") or its mobile applications are deemed to have read, understood, and accepted the following main and sub-clauses. It is not possible to create a user account and purchase products/services without accepting all the terms and conditions specified below. All users who create accounts and purchase products/services can proceed by accepting this agreement.

This agreement is presented to the customer for approval during membership and product/service purchase, and they are not allowed to proceed without acceptance. It is also continuously published at the bottom of the site. It is the customer's responsibility to review and read it.

This agreement imposes rights and obligations on the parties regarding the site, which is the subject of the agreement, and the parties agree and declare that they will fulfill these rights and obligations completely, accurately, on time, and within the conditions requested in this agreement when they accept this agreement.

RESPONSIBILITIES

1. 1 All web software and related pages sold on our site are the property of hddizayn.com and are operated by it. hddizayn.com reserves the right to make changes to prices, offered products and services, and agreements at any time.
2. 2 hddizayn.com agrees and undertakes that the member will benefit from the products subject to the contract, except for technical malfunctions.
3. 3 The customer agrees and undertakes that they will not reverse engineer hddizayn products or engage in any other activities aimed at finding or obtaining their source code. Otherwise, if this activity is detected, the customer agrees and declares that all products purchased at that time and the customer's account will be canceled without question, and no refund will be made.
4. 4 It is forbidden to place fake orders for trial purposes through the site. If detected, accounts will be canceled, and no new account can be created with the existing account information.
5. 5 The customer agrees and declares that they will pay an additional fee to be determined by hddizayn.com for modules, requests, and arrangements in addition to the web software they will purchase. The customer cannot claim rights regarding additional modules, requests, and arrangements they have made in the software later on. As the customer only obtains the usage license of the software, they only purchase the right to use the additional modules and requests they have made later on. Thus, the customer does not have the right to request that a similar version of the additional modules, arrangements, and requests made is not added to another customer or site or used in general sales (unless there is an additional contract or agreement).

INTELLECTUAL PROPERTY RIGHTS

1. 1 All intellectual property rights, registered or unregistered, including titles, business names, brands, patents, logos, designs, and products on this Site belong to the site operator and owner company or the relevant party, and are under the protection of national and international law. Visiting this Site or benefiting from the services on this Site does not grant any rights regarding the intellectual property rights in question.
2. 2 All products on the Site may not be reproduced, published, copied, or transferred in any way. The whole or part of the Site may not be used on another website without permission.
3. 3 All products detailed within the Site, visual design and source codes are registered by the General Directorate of Copyrights of the Ministry of Culture and Tourism, and all rights are reserved. Sales are only made through our website, our dealers' websites, and authorized business partners.

INFORMATION CONFIDENTIALITY

1. 1 hddizayn.com will not disclose personal information transmitted by users through the site to third parties. This personal information includes all kinds of other information aimed at identifying the User, such as name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information' for short.
2. 2 Confidential Information may only be disclosed to official authorities if this information is requested by official authorities in accordance with the procedure and in cases where disclosure to official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.

REGISTRATION AND SECURITY

1. 1 The customer must provide accurate, complete, and up-to-date registration information. Otherwise, this agreement will be deemed to have been violated, and the customer account will be terminated without notification.
2. 2 The customer is responsible for the security of passwords and accounts on the site and third-party sites. hddizayn.com cannot be held responsible for data losses and security breaches or damage to hardware and devices that may occur otherwise.

CONTENT HOSTING (WEB HOSTING/SERVER SERVICES)

1. 1 Content hosting, also known as web hosting/web server service; basically, it consists of hosting the CUSTOMER's websites and/or databases on hddizayn servers and publishing them over the internet network.

2. 2 By using this Service, the CUSTOMER is deemed to have accepted to comply with the terms and conditions specified herein. Subject to the terms and conditions of this Agreement, hddizayn will provide services with maximum continuity and functionality by using all reasonable resources that may occur during the service period.

3. 3 The CUSTOMER acknowledges that the services may not be accessible or operable in some cases, including but not limited to the following:

   • Force majeure events (natural disasters such as earthquakes, fires, floods, and other human-caused disasters),
   • Hardware failures,
   • Periodic Maintenance procedures or repairs undertaken by the data center from time to time,
   • Interruptions or malfunctions that may occur in telecommunication or digital transmission lines, malicious network attacks, network congestion, or other reasons beyond hddizayn's control or unforeseeable by hddizayn.

4. 4 The CUSTOMER acknowledges that hddizayn does not have one hundred percent control over the continuity or uninterruptedness of the web hosting/server service provided and that these are not guaranteed.

5. 5 hddizayn will make the necessary effort to ensure the continuity of the Services provided to the CUSTOMER.

6. 6 By purchasing the services subject to this Agreement or creating a customer account; the CUSTOMER agrees and undertakes not to act contrary to the laws of the Republic of Turkey, decrees, regulations, and general morality and customs in electronic mail communication, web publications, and all kinds of transactions related to this subscription, and that they are fully responsible for the content of their or their customers' web pages, ftp, and other Internet services.

7. 7 The CUSTOMER agrees and undertakes that they will not publish web content or operate on the prohibited materials specified below. Otherwise, they agree that the service they receive will be canceled without question and that no refunds, etc., will be made.

   Prohibited materials;

   • Topsites
   • IRC scripts, bots
   • Proxy scripts/anonymizers
   • Pirated software/warez
   • Image Hosting Scripts (similar to Photobucket or Tinypic)
   • AutoSurf/PTC/PTS/PPC sites
   • IP Scanners
   • Bruteforce Programs/Scripts/Applications
   • Mail Bombers/Spam Scripts
   • Banner-Ad services (commercial banner ad cycle)
   • Dump file/Mirror scripts (similar to rapidshare)
   • Commercial Audio Broadcasting (more than one or two broadcasts)
   • Escrow account/Bank Bonds
   • Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
   • Unlimited services provided cannot be distributed to 3rd parties free of charge or for a fee
   • Sale of items subject to permission without prior proof of the existence of the necessary permission(s)
   • Programs of banks that determine the market
   • Sweepstakes/gambling sites
   • MUDs/RPGs/PBBGs
   • Sites/archives/programs focused on hacking
   • Sites promoting illegal activities
   • Forums or websites that distribute or link to warez/pirated/illegal content
   • Fraud Sites (including those listed on aa419.org and escrow-fraud.com)
   • Mailer Pro
   • All types of broadcasts of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
   • Publication of content for which copyrights have not been paid
   • IRCD (irc servers)
   • IRC scripts/bots
   • Pirated Software/Warez
   • IP Scanners
   • Bruteforce Programs/Scripts/Applications
   • Mail Bombers/spam scripts
   • Escrow account
   • Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
   • Sale of items subject to permission without prior proof of the existence of the necessary permission(s)
   • Sweepstakes/gambling sites
   • Sites/archives/programs focused on hacking
   • Sites promoting illegal activities
   • Forums or websites that distribute or link to warez/pirated/illegal content
   • Fraud Sites (including those listed on aa419.org and escrow-fraud.com)
   • Mailer Pro
   • All types of broadcasts of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
   • Publication of content for which copyrights have not been paid

8. 8 Although not specified in the above articles, it is strictly forbidden to carry out any activity that is contrary to the laws in force and constitutes a crime. Otherwise, the CUSTOMER agrees that the service they receive will be canceled without question and that no refunds, etc., will be made.

9. 9 If hddizayn services are used to perform and/or mediate behaviors that are contrary to generally accepted morality and traditions, your service may be restricted or terminated due to your behavior and publications that are contrary to general morality and traditions. The customer is aware of this.

10. 10 It is the CUSTOMER's responsibility to ensure that the scripts/programs installed in the Customer Account are secure and that directory access permissions are properly set.

11. 11 hddizayn services, including all related equipment, networks, and network devices, are for permitted Customer use only. hddizayn systems may be monitored for all legally compliant reasons, including ensuring that use is permitted, system management, facilitating protection against unauthorized access, and verifying security procedures, sustainability, and transaction security. During monitoring, information may be reviewed, recorded, copied, and used within the permitted purposes. Use of hddizayn system(s) constitutes consent to monitoring for these purposes.

12. 12 Any account that connects to a third party's network or system without their permission may be suspended. Access to networks and systems not under the direct control of the Customer requires written consent from the third party in question. hddizayn may request documentation proving that access to the third party's network or system is within permission and may require the submission of such documents.

13. 13 hddizayn does its best to regularly protect and back up all of the CUSTOMER's data, but does not accept responsibility for errors that may occur in the data it contains. Data backup is the CUSTOMER's responsibility. The CUSTOMER always assumes the risk of damage and loss of the Website and all Web Site content files. The CUSTOMER is fully responsible for protecting the confidentiality of the customer password and account information.

14. 14 The CUSTOMER acknowledges that they are responsible for all actions, omissions, and expenses related to any website content made or displayed, linked, stored, or published on the server under their account using their Account or password, or in connection with the site.

15. 15 THE CUSTOMER IS OBLIGED TO TAKE THE FOLLOWING MEASURES;

    • To obtain, request, store, and protect independent archive and backup copies of websites and databases. Web hosting systems may lose functionality, be damaged, or cause data loss in some unwanted or unforeseen situations. Although hddizayn has taken strong and well-established measures regarding backup, the Customer is obliged to take, store, and protect backups of all website files and databases. Otherwise, hddizayn is not responsible for any damage or loss. The customer accepts, undertakes, and declares this.
    • To ensure the security, confidentiality, and integrity of websites and to ensure the confidentiality of account information.
    • To prevent any loss or damage to websites.

16. 16 The CUSTOMER undertakes to pay the usage fees and related taxes for web hosting services. Fees are collected in advance with the first order and are requested again at the end of the period unless otherwise stated.

BULK/SINGLE SMS SERVICES

1. 1 Bulk/Single SMS services; includes sms sending services that HDDİZAYN offers to the CUSTOMER through hddizayn.com or through the api access connections it provides.
2. 2 The CUSTOMER is solely and exclusively responsible to the recipients regarding the Bulk/Single SMS they send, and will keep hddizayn harmless from any demands, claims, objections, and complaints that may arise from the relevant individuals and institutions in this context, regardless of the name and form, and that hddizayn has the right to recourse all damages to them, and that hddizayn may be exposed to all direct and indirect income losses and material and moral damages due to all kinds of demands, claims, and receivables that may be brought against hddizayn, and that they will immediately indemnify hddizayn in cash and in full upon its first request, accepts, declares, and undertakes.
3. 3 The CUSTOMER accepts, declares, and undertakes that they will act in accordance with the legislation in force regarding the Bulk/Single SMS sales/sendings subject to this Agreement.
4. 4 The CUSTOMER accepts and undertakes to pay hddizayn the expenses and compensations that hddizayn may have to pay to 3rd parties and/or official authorities regarding their obligations within the scope of this agreement, within 5 (five) business days following hddizayn's first written request, without the need to obtain any judgment.
5. 5 All kinds of announcements, advertisements, and announcements to be made in all channels (television, internet, radio, outdoor announcements, press, etc.) regarding the products subject to this Agreement will comply with the Law No. 4077 on the Protection of Consumers, as amended by Law No. 4822, the Communiqué on Commercial Advertisements and Announcements, and international advertising principles and Advertising Board decisions. The CUSTOMER accepts and declares that they are responsible for all damages and losses that may occur due to non-compliance with the provisions.
6. 6 The CUSTOMER accepts and undertakes that hddizayn cannot be held responsible in any way for the accuracy of the information contained in the SMS text and the content of the statements, and that they are fully responsible. In accordance with the decision of the Supreme Election Board and the provisions of this agreement, they accept and declare that they are responsible for the penalties to be imposed due to non-compliance with the decision if messages with political propaganda are sent via mobile phone via SMS and/or internet.
7. 7 The CUSTOMER; accepts that the statements in the SMS text do not constitute a violation of the Laws of the Republic of Turkey and the legislation in force, morality, public interest, public safety, the indivisible integrity of the Republic of Turkey, that hddizayn has the right to block and prevent such statements, that they are the addressee of any legal disputes and/or compensation claims that hddizayn may be exposed to due to these statements, and that they will cover the requested compensation, penalty, expense, and other costs based on the first application made to them, without the need to obtain any decision against them, if hddizayn pays any compensation for this reason, they will be recourse to them, declares and undertakes.
8. 8 It is accepted that the CUSTOMER has legally obtained the GSM numbers to which they send SMS and with permission. In this regard, hddizayn cannot be held responsible in any way. All legal responsibilities and obligations belong to the CUSTOMER.

OTHER TERMS AND CONDITIONS

1. 1 The CUSTOMER agrees that they will not engage in any behavior that will damage the commercial reputation, respectability, and prestige of hddizayn and its other customers, as well as all hddizayn products, that in case of detection of such situations, the customer account and all related products and services will be canceled without question, that no refund payment will be made, and that they will compensate and secure all damages and losses suffered by hddizayn and its customers due to this situation, undertakes and declares.
2. 2 The CUSTOMER agrees, undertakes, and declares that they will compensate all damages and losses suffered by hddizayn against any claim arising from the use of hddizayn's services.
3. 3 hddizayn has the right to refuse to provide services to anyone who requests it. In the face of negative (mobbing) behaviors exhibited by the customer and behaviors that will negatively affect the work performance of hddizayn authorities and personnel, hddizayn reserves the right to cancel all products/services and customer account by refunding the amounts corresponding to the remaining usage of the products/services received by the customer (only monthly and annual services). No refunds will be made for non-monthly and annual services. The CUSTOMER accepts and declares this.
4. 4 If the CUSTOMER chooses to pay by bank transfer, hddizayn activates the service and informs the CUSTOMER as a result of the transfer from the account opened in the name of the person or institution specified in the CUSTOMER information to the bank account belonging to hddizayn specified during the order. All expenses related to payments belong to the CUSTOMER.
5. 5 All periodic products and services are suspended if payment is not made by the service end date at the latest. Products and services for which payment is not made within three (3) days following the suspension period are permanently deleted from the system and no responsibility is accepted. The CUSTOMER accepts and declares this.
6. 6 If the CUSTOMER does not fulfill the payment they committed to, despite making a payment commitment, this situation is considered within the scope of unpaid and overdue invoices. In this case, all related services, including the services that the CUSTOMER was previously using actively by making payments, may be suspended by hddizayn. The suspension of services continues until the CUSTOMER fully pays their debt. During the suspension period, the CUSTOMER cannot claim any rights, compensation, or refunds due to the inability to use the services. The CUSTOMER accepts this in advance.
7. 7 If the CUSTOMER requests the performance of any service by making a payment commitment and hddizayn has provided the service accordingly, the invoice for the relevant service is deemed to have accrued. In this case, the CUSTOMER is obliged to pay the invoice amount within the period determined by hddizayn. If the CUSTOMER does not pay the amount on time despite the payment commitment, this debt is evaluated within the framework of the provisions specified in Article 7.6. The CUSTOMER accepts that the services will be suspended in this context and that they cannot claim any rights, receivables, compensation, or refunds accordingly. In addition, hddizayn reserves the right to resort to legal remedies regarding payments that have not been made despite the payment commitment.

TECHNICAL SUPPORT

1. 1 hddizayn agrees and declares that it will provide "free support" for a period of 1 month from the date of purchase of the product/service, against errors and problems arising from the product/service itself. Problems caused by subsequent interventions made by the Customer to the relevant product/service are outside the scope of this. In such cases, the solution is to re-supply the standard version of the relevant product provided by hddizayn and install it on the system. The customer is aware of this and accepts and declares it.
2. 2 In the field of "Software and Web Software" service, the Customer is obliged to provide and maintain all kinds of hardware required for the product/service they have purchased from hddizayn to work without problems. These hardware are declared to the Customer at a basic level before and during the purchase. Some products/services may require some additional hardware and software features above the basic level. The Customer agrees and declares that the features additionally declared by hddizayn will also be provided in such cases.
3. 2 The Customer agrees and declares that they will receive support services for a fee for all matters "outside the standard operation" of all products and services they have purchased, and that hddizayn may not be able to provide support services in some cases, even for a fee, depending on the workload in such cases.
4. 3 The Customer agrees and declares that they will submit all support requests through the "technical support system" on the hddizayn.com website, and that they cannot receive support services otherwise.
5. 4 All support requests created by the Customer will be answered by hddizayn within a total of 24 hours within working hours, depending on the workload.

FORCE MAJEURE

1. 1 The parties are not responsible if the obligations arising from the contract cannot be fulfilled by the parties due to reasons beyond the control of the parties; natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts, and epidemics, infrastructure and internet malfunctions, power outages (hereinafter referred to collectively as "Force Majeure"). During this period, the rights and obligations of the Parties arising from this Agreement are suspended.

INTEGRITY AND APPLICABILITY OF THE AGREEMENT

1. 1 If one of the terms of this agreement becomes partially or completely invalid, the remainder of the agreement shall remain in effect.

AMENDMENTS TO THE AGREEMENT

1. 1 hddizayn.com may change the products and services offered on the site and the terms of this agreement partially or completely at any time. The changes will be effective from the date of publication on the site.
   It is the user's responsibility to follow and control the changes. By continuing to use the services offered, the user is deemed to have accepted these changes.

NOTIFICATION

1. 1 All notifications to be sent to the parties regarding this Agreement will be made via hddizayn.com's known e-mail address and the e-mail address specified by the user in the membership form. The user accepts that the address they specified when becoming a member is a valid notification address, that they will notify the other party in writing within 5 days if it changes, otherwise the notifications to be made to this address will be considered valid.

EVIDENCE AGREEMENT

1. 1 In all kinds of disputes that may arise between the parties regarding the transactions related to this agreement, the books, records, and documents of the Parties, as well as computer records and fax records, will be accepted as evidence in accordance with the Law of Civil Procedure No. 6100, and the user agrees not to object to these records.

CANCELLATION/RETURN/RIGHT OF WITHDRAWAL

1. 1 Cancellation/Return and Right of Withdrawal in Software Products;
   In the Consumer Rights Law, Article 15(ğ) of the Distance Contracts Regulation (See: http://www.resmigazete.gov.tr/eskiler/2014/11/20141127-6.htm), "Contracts for services performed instantly in electronic environment or intangible goods delivered to the consumer instantly." As stated, the Customer cannot exercise the right of cancellation/return or withdrawal after providing the software product purchase transaction. In order for the cancellation/return and withdrawal process to be carried out, it is essential that there is an irreparable grievance (unusable) on the software. Any feature/quality that is not in the software or the fact that arrangements that require expertise on the product cannot be made by people who are not experts in the subject cannot be shown as a problem and defect. Before making a purchase, the Customer is obliged to examine whether the software is suitable for them from beginning to end and to request information if necessary. The customer accepts and undertakes this.

2. 2 License Change in Software Products;
   Software products are licensed to the domain name that the customer declares himself/herself during the purchase. After the licensing process, the domain name cannot be changed again under any circumstances. The customer accepts and undertakes this in advance.

3. 3 License Transfer/Transfer in Software Products;
   The customer cannot transfer/transfer the software license they have to another person under any circumstances, and cannot sell it to another person. The customer accepts and undertakes this in advance.

4. 4 Rented Software Products;
   In software products rented periodically on a monthly basis or for more than one month, no license information change or license transfer/transfer can be made. The customer accepts and undertakes this.

5. 5 The customer does not have the right to withdraw, cancel, change, and request a refund for the products/services specified below, provided that there is no problem or grievance caused by our company.

   • All kinds of web server (physical server, virtual server) services.
   • Domain name registration services.
   • International sms sending services.
   • Turkey sms sending services. (Sms that are not delivered to the recipient are automatically refunded as credit.)
   • Other local and international product/service licenses.

6. 7 If payments are made by credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card is used without their consent and unlawfully. In this case, the card issuer refunds the payment amount to the consumer within 10 days from the notification of the objection.

RESOLUTION OF DISPUTES

1. 1 Istanbul (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes that may arise from the implementation or interpretation of this Agreement.

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