GENERAL TERMS AND CONDITIONS OF SERVICES
In these General Conditions, and in any Special Conditions applicable to the Contract:
1.1 The following terms shall have the following meanings unless the context otherwise requires:
Conditions: these General Conditions and the Special Conditions which are applicable to the Contract between the Customer and the Supplier.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Services, in accordance with these Conditions.
Customer: the person, firm or company who purchases Services from the Supplier.
Customer ID: the Customer’s account number in relation to any Service which allows access to the Management Interface.
Diagnostics: analysis conducted by Supplier at the Customer's request to identify a malfunction of the Service.
Documentation: the documentation and tools made available to the Customer on the Supplier’s website.
Hardware: the equipment, cabling and systems provided by the Supplier in connection with the Services.
Incident: a problem or malfunction of the Service.
Keywords: those words notified to the Customer by the Supplier which control the Customer’s access to some of the Services, including, without limitation a password and username.
Management Interface: the “Manager Space” which is made available to the Customer on the Website following entry by the Customer of the relevant Customer ID and Keywords.
Order: a request made by the Customer to the Supplier for Services to be supplied under the Conditions.
Quotation: a proposal sent by the Supplier to the Customer for the provision of certain Services at the quoted price.
Server: the computer server equipment operated by the Supplier in connection with the provision of the Services.
Services: the internet-related services described in the Order which are provided or to be provided by the Supplier under these Conditions (and any applicable Special Conditions).
Software: the computer software provided by the Supplier in connection with the Services.
Special Conditions: any additional terms and conditions agreed between the Customer and the Supplier in writing.
Supplier: AltınSoft Information Technologies, a private company incorporated and registered in the Republic of Turkey under Mersis No 5-2486-2740-8600013, whose registered office is at Fevzi cakmak neighborhood, Gazi Mustafa Kemal Boulevard, No:38 Veli Abali Apartment Babaeski / KIRKLARELI / TURKEY VAT No 8160221847 Trademark Registration Number : 2016 22381 Chamber of Commerce Number: 2458
Technical Assistance: the provision by the Supplier of documentation and assistance to the Customer in relation to the installation and use of the Service by the Customer.
VAT: value added tax chargeable under Irish law for the time being and any similar additional tax;
Working Day: means a day other than a Saturday, Sunday or a bank or public holiday in the Republic of Turkey.
1.2 Headings do not affect the interpretation.
1.3 The singular shall include the plural, the masculine shall include the feminine, and vice versa.
1.4 In the event of any conflict between these General Terms and Conditions, and any Special Conditions applicable to the Contract, the Special Conditions shall prevail.
2. Application of conditions
2.1 The Conditions shall apply to any Contract between the Supplier and the Customer for the provision of Services; and shall prevail over any terms or conditions or other contractual documents submitted by the Customer or implied by law, trade custom, practice or course of dealing.
2.2 The Supplier shall be entitled to amend the Conditions at any time by giving notice to the Customer at least 30 days before the changes take effect, such notice to be given by email or by notification on the Supplier’s website. Upon receipt of such notice, the Customer shall be entitled to terminate the Contract with effect from the date of the notice, such termination to be notified to the Supplier no later than 30 days from the date of the notice (time being of the essence). The Customer shall not be entitled to any refund of the fees and shall remain liable for any fees previously due. Failure to give such notice of termination shall be deemed acceptance of the new Conditions. Any renewal of the Services shall be subject to the Supplier’s Conditions current at the date of renewal.
2.3 The Order constitutes an unconditional offer by the Customer to purchase the Services specified in it on the Conditions. A contract for the supply and purchase of those Services on the Conditions shall be created when the Supplier accepts the Order pursuant to condition 2.4 (b) or commences/executes work pursuant to the Order.
2.4 Upon receipt of a validly completed order, the Supplier shall send the following emails to the Customer at the Customer’s email address specified in the Order: (a) a first email acknowledging receipt of the Order ; (b) a second email confirming that the payment of the fees by the Customer has been received by the Supplier; (c) a third email containing any Keywords necessary to enable the Customer to gain access to the Services; (d) a fourth email containing an invoice for the Services. For the avoidance of doubt, the second email referred to at condition 2.4(b) shall constitute acceptance of the Order placed by the Customer.
3. Supplier's obligations
3.1 The Supplier shall perform the Services with reasonable care and skill and in accordance with best industry practice but shall not be liable for downtime caused by routine or emergency maintenance by the Supplier or occasioned by third parties.
3.2 The Supplier reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the Services, Software and/or Hardware (and any part thereof). This includes the right to substitute Hardware (or any part thereof) with hardware of similar specification, where necessary. The Supplier shall give reasonable notice of such modification by email.
3.3 The Supplier shall process the Customer’s personal data in compliance with the Data Protection Acts 1988-2003 and the Supplier’s privacy and Security Policy. The Customer hereby consents to such processing of such personal data for the purpose of the provision of the Services.
4. Supplier's liability
4.1 The Supplier shall have no liability to the Customer under the Contract if it is prevented from, or delayed in, performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors (“Force Majeure Event”), provided that it:
(a) promptly notifies the Customer of the nature and extent of the Force Majeure Event causing its failure or delay in performance and keeps the Customer regularly informed by email or otherwise of the likely duration of the Force Majeure Event; and
(b) has used all reasonable endeavours to mitigate the effect of the Force Majeure Event, to carry out its obligations under the Contract in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.
4.2 The corresponding obligations of the Customer will be suspended to the same extent as those of the Supplier affected by the Force Majeure Event.
4.3 If the Force Majeure Event prevails for a continuous period of more than 30 days, any party may terminate the Contract by giving written notice to the other party. Such termination shall be without prejudice to the rights of the parties in respect of any breach of the Contract occurring prior to such termination. 4.4 The Supplier shall have no liability to the Customer under the Contract if the Supplier's performance of its obligations under the Contract is prevented or delayed by any act, omission, fault or negligence of the Customer or the Customer's agents, sub-contractors or employees, and in particular due to:
(a) Damage to the Customer’s equipment, software or telecommunications links;
(b) Wrongful use of the Software, including by the Customer or the Customer’s clients, or non-compliance with any operating instructions given by the Supplier;
(c) Disclosure, unlawful or fraudulent use of the Keywords;
(d) Fault, negligence or omission by a third party not connected to the Supplier;
(e) Issue by a competent authority of an order which is binding on the Supplier and which affects the Services;
(f) Total or partial loss of the material and/or data uploaded due to an error by the Customer; or
(g) Incompatibility of the Software with any of the Customer’s equipment, software or telecommunications links.
4.5 The following clauses 4.6, 4.7, 4.8 and 4.9 set out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of any:
(a) breach of the Contract;
(b) use made by the Customer of the Services; and
(c) representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
4.6 Subject to Condition 4.7, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
4.7 Nothing in the Conditions excludes the liability of the Supplier for:
(a) death or personal injury caused by the Supplier's negligence; or
(b) fraud or fraudulent misrepresentation.
4.8 Subject to Conditions 4.6 and 4.7:
(a) the Supplier shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for loss of profits; loss of business; depletion of goodwill or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
(b) the Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for that part of the Services to which the liability relates.
4.9 The Customer acknowledges that there is a risk that any material or data generated, stored, transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a failure or on suspension or termination of the Services and that the Supplier shall be under no obligation to back-up all such material or data. The Customer shall take any precautionary measures for preserving such material or data in the event of loss, or damage, however caused. (The Supplier recommends customers to back up their material at least once a month).
5. Customer's obligations
5.1 The Customer warrants that:
(a) it has the power and authority and all requisite or desirable legal consents and authorisations legally to enter into and perform its obligations under the Contract.
(b) it has received all relevant information and advice from the Supplier before placing the Order and that it has satisfied itself that the Services shall be suitable for its particular needs.
(c) its use of the Services will not infringe any third party intellectual property or other rights.
5.2 The Customer shall:
(a) not knowingly use the Services, Software, and/or Hardware or allow them to be used for any unlawful purpose or to send SPAM or for the publication, linking to, issue or display of any unlawful material (which shall include without limit any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights (including without limit intellectual property rights) of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under Irish law or regulations, the laws or regulations of the Customer's country or any other place where the results of such purpose or such material can be accessed;
(b) not knowingly use the Services, Software and/or Hardware or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of the Supplier may harm the Supplier or any of its clients or bring the Supplier into disrepute or may call into question any action taken by the Supplier on the Customer's behalf;
(c) not provide any technical or other information obtained from the Supplier and/or relating to the Services, this Agreement or the Contract to any person, company, firm or government which the Customer knows or ought reasonably to be aware may directly or indirectly lead to a breach of any Irish law or regulation;
(d) not knowingly use the Services, Software and/or Hardware or allow them to be used in breach of the Supplier’s Acceptable Use Policy, which can be found at www.altinsoft.net, and shall bring it to the attention of the Customer’s authorised users;
(e) provide the Supplier with accurate contact details, bank details and email address, and shall promptly notify the Supplier of any changes by email;
Supplier of any changes by email;
(f) comply with the Supplier’s reasonable instructions and requests concerning the Services;
(g) immediately notify the Supplier by email if it becomes aware of any unauthorised use of all or any of the Services, Software and/or Hardware;
(h) ensure that all Keywords are at all times kept confidential, used properly and not disclosed to unauthorised people and if the Customer has any reason to believe that any Keyword has become known to someone not authorised to use it or if any Keyword is being or is likely to be used in an unauthorised way or the Customer is aware of any other breach of security then the Client shall inform the Supplier immediately. For the avoidance of doubt, the Customer shall be solely responsible for any unauthorised and/or fraudulent use of the Keywords whether such unauthorised and/or fraudulent use is due to its own default or that of its agents, subcontractors or employees, omission or negligence. Any change of Keywords, at the Customer’s request, will be charged to the Customer on a time-and-material basis.
(i) inform the Supplier promptly in the event of any actual or suspected security breaches in connection with the Services;
(j) provide in a timely manner such information as the Supplier may request, and ensure that such information is accurate in all material respects;
(k) ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1998;
(l) use the Services in a manner consistent with any and all applicable laws and regulations including but not limited to the Data Protection Acts1988- 2003;
(m) maintain appropriate insurance cover in respect of its liability arising out of or connected with this Contract with a reputable insurance company.
5.3 The Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier arising out of or in connection with any act of negligence, default, or wilful misconduct by the Customer, failure by the Customer to comply with its obligations under this Contract or any use made by the Customer of the Services.
6. TECHNICAL SUPPORT
6.1 Tools and documentation provided by the Supplier: The Supplier provides the Customer with a set of tools and documentation available on the Website at the following address: https://www.altinsoft.net/ This page also contains contact information which the Customer can use to contact the Supplier’s staff.
The Supplier provides the Customer with the following on the Website:
- Documentation and technical guides for better understanding and use of the
- Communication tools that show the condition of the Supplier’s facilities;
- Interfaces to show the Supplier’s real-time network status;
- Contact details for technical assistance;
- An Incident report form;
- Details of the paid intervention services which are available to carry out
additional operations subject to additional charges.
- In the event of an Incident, the Customer shall, in the first instance, consult
the documentation and perform the technical tests suggested by the Supplier
- In the event that the technical tests suggested above fail to resolve the
Incident encountered, the Customer may report the Incident to the Supplier by
following the Incident reporting procedures set out below.
6.2 Incident Reporting Procedures To report an incident, the Customer shall complete the specific form available on the Website and in the Management Interface where the Customer will be able to find any previous electronic exchanges between the Customer and the Supplier. It is the Customer’s responsibility to complete the Incident reporting form provided at https://www.altinsoft.net/panel/support-tickets and to provide sufficient information in relation to the Incident to enable the Supplier to successfully complete the Diagnostics. To this end, the Customer authorises the Supplier to connect to the Service and perform any act necessary to enable the Diagnostics to be performed on both the Hardware and the Software. The Supplier reserves the right to refuse any work if it finds during the research that the Customer uses the Service in violation of these Conditions and any Special Conditions, or of any
relevant laws or regulations.
6.3 Incident Support and Diagnostics Under the above procedure of Incident reporting, the Supplier will perform Diagnostics in order to investigate the origin and cause the Incident. If in the Diagnostics reveal that the Incident is caused directly by the Supplier, the cost of the Diagnostics shall be borne by Supplier in accordance with the terms applicable to the Service Contract. In the event that the Diagnostics illustrate that the Incident is not directly caused by the Supplier, then the costs associated with performing the Diagnostics (including the time spent by the Supplier performing the Diagnostics) will be paid by the Customer at a flat rate tariff which is available on the Website at https://www.altinsoft.net/panel/support-tickets and as mentioned in the declaration Incident. In the event that the Supplier is unable to identify the origin or cause the Incident following performance of the
Diagnostics, the cost of the Diagnostics will not be charged to the Customer. The Customer undertakes not to improperly use the Technical Assistance. The Supplier reserves the right to refuse provision of Technical Assistance or Diagnostics in circumstances where, in the Supplier’s absolute discretion, the Customer's request is unjustified or is likely to disrupt the normal functioning of the Technical Assistance offered by the Supplier or where it relates to an Incident for which the Supplier is not liable under these Conditions.
6.4 Resolution of Incidents Following the performance of Diagnostics, and assuming that the Supplier is able to ascertain the cause of the Incident, the Supplier shall communicate technical solutions for resolving the Incident to the Customer. In circumstances where the Incident is not caused directly by the Supplier, the Supplier will send the Customer a Quotation including estimated costs for resolving the Incident, and the Customer may choose whether or not to accept the Quotation and pay the Supplier to resolve the Incident.
6.5 Settlement Terms Pricing estimates for the above Services are available at the following address https://www.altinsoft.net/panel/support-tickets . Unless otherwise agreed in writing, all sums due will be billed in the month following the month in which the Services were provided.
7. Fees and payment
7.1 The fees for the Services shall be set out in accordance with the Supplier’s price list as amended from time to time, such price list being available online at www.altinsoft.net . The total fees for the services shall be confirmed by the Supplier, shall be inclusive of VAT, and shall be payable in Euro.
7.2 The Supplier shall be entitled to vary its price list at any time by giving notice to the Customer at least 30 days before the new price list is to come into effect, such notice to be given by email or by notification on the Supplier’s website. Upon receipt of such notice, the Customer shall be entitled to terminate the Contract with effect from the date of the notice, such termination to be notified to the Supplier no later than 30 days from the date of the notice (time being of the essence). Failure to give such notice of termination shall be deemed acceptance of the Supplier’s new price list.
7.3 The Customer shall pay the fees upon placing the Order, and at the interval(s) specified therein and upon renewal of the Services by credit or debit card, by bank transfer, or by cheque addressed to 5 Fitzwilliam Place, Dublin 2. All fees shall be non-refundable unless otherwise stated.
7.4 The Supplier shall provide the Services upon receipt of the fees in full and clear funds by the Customer. The Supplier shall acknowledge receipt of the payment and inform the Customer of the commencement date of the Services. Such commencement date shall be an estimate only and the Supplier shall not be liable to the Customer for any delay.
7.5 Without prejudice to any other right or remedy that the Supplier may have, if the Customer fails to pay the Supplier on the due date the Supplier may:
(a) charge interest on such sum from the due date for payment at the statutory rate for the time being applicable under the European Communities (Late Payment in Commercial Transactions) Regulations 2002, or, where the Customer enters into the Contract as a consumer, at the rate that would be applicable thereunder were the Customer not a consumer, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment;
(b) suspend all Services until payment has been made in full;
(c) declare that all sums due by the Customer under any contract with the Supplier are immediately payable; and
(d) refuse to enter into any further contract with the Customer for the provision of any services by the Supplier.
7.6 Time for payment shall be of the essence of the Contract.
7.7 All payments payable to the Supplier under the Contract shall become due immediately on termination of the Contract, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
7.8 The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.
7.9 The Customer may not dispute any fees and/or Services unless the Customer notifies such dispute to the Supplier by email at: firstname.lastname@example.org within 30 days from the Order.
8. Limitation of services
8.1 The Supplier acknowledges that given the nature of the Internet and the fluctuation of the bandwidth, the Services provided by the Supplier may be subject to variation.
8.2 The Supplier shall be entitled to restrict or suspend the Services if:
(a) the Customer uses the Services for an activity which contravenes the principles contained in the Acceptable Use Policy;
(b) the Customer commits any serious or persistent breach of any of its obligations under Condition 5;
(c) an order which is binding on the Supplier is issued by a competent authority;
(d) the Supplier wishes to carry out routine or emergency maintenance, repair or upgrade to the Services; or
(e) this is permitted under any Special Conditions applicable to the Services.
9. Intellectual property rights
9.1 The Customer acknowledges that the Supplier shall retain ownership of all intellectual property rights relating to the development or supply of the Services including all methodologies, know-how and processes used and in any information, software or other data created by the Supplier as part of the Services (the “Materials”).
9.2 The Supplier shall grant a non-exclusive revocable licence to use, store and view on the Customer’s own internal computer network the Materials made available to the Customer as part of the Services.
10. Consumer’s Right to cancel
10.1 This Condition 10 shall apply if the Customer is a “consumer” as defined in the European Communities (Protection of Consumers in Respect of Contracts made by Means of Distance Communication) Regulations, 2001 (“Regulations”). The Customer shall be entitled to cancel the Contract by giving written notice to the Supplier by post at Fevzi cakmak neighborhood, Gazi Mustafa Kemal Boulevard, No:38 Veli Abali Apartment Babaeski / KIRKLARELI / TURKEY to arrive within 7 Working Days from whichever is the later of (i) the date the Contract is formed and (ii) the date that the Customer receives confirmation from the Supplier that the Contract is formed.
10.2 The Customer hereby consents to the Supplier commencing provision of the Services, and Condition 10.1 shall cease to apply once the Supplier has commenced such provision.
11. Term and Termination
11.1 The Contract shall commence on the date notified by the Supplier in accordance with Condition 7.4 above and shall terminate automatically on the expiry date specified in the Order (the “Expiry Date”). The Supplier shall notify the Customer of the Expiry Date by sending at least 3 reminders by email to last email address notified and updated by the Customer from time to time.
11.2 Unless: (a) the Supplier is entitled to terminate the Contract under Condition 11.4 or 11.5; or (b) the Supplier gives the Customer not less than 30 days notice by email that no right of renewal will apply if the Contract expires on the Expiry Date; or (c) the Special Conditions provide otherwise; the Supplier shall give notice to the Customer (a “Renewal Notice”) by email offering the Customer the opportunity to renew the Contract for a further period as specified in the Renewal Notice, subject to the Supplier’s Conditions current at the date of renewal, upon payment of the renewal fee specified by the Supplier in the Renewal Notice. If the Supplier receives such payment in full and in clear funds no later than the Expiry Date, the Contract shall be renewed for the further period specified in the Renewal Notice. If the Customer fails to pay the renewal fee on or before the Expiry Date (time being of the essence), the Contract shall expire automatically on the
11.3 The Customer shall be entitled to terminate the Contract at its convenience at any time by giving notice to the Supplier, such notice to be given pursuant to condition 18. For the avoidance of doubt, the Customer shall not be entitled to the reimbursement of the fees (or part thereof) by the Supplier in such circumstances.
11.4 The Supplier shall be entitled to terminate the Contract at any time and without incurring any liability if: (a) the provision of the Services to the Client affects or may affect the safety or stability of the Supplier’s equipment or software. The Supplier shall use reasonable endeavours to notify by email the Customer in advance of such termination; or (b) there is a change of control in the Customer.
11.5 Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate the Contract without liability to the other if:
(a) the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing of the breach; or
(b) an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or
(c) an order is made for the appointment of an examiner to the other party, or a petition is filed with a court of competent jurisdiction for the appointment of an examiner to the other party; or
(d) a receiver is appointed over any of the other party's assets or undertaking, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party's assets; or
(e) the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way, or becomes bankrupt; or
(f) the other party ceases, or threatens to cease, to trade; or
(g) the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.
11.6 Termination of the Contract, however arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly stated to survive, or implicitly surviving, termination.
12.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
12.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
13.1 If any provision of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
13.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14. Status of pre-contractual statements
Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement other than as expressly set out in the Contract.
15.1 The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
15.2 The Supplier may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
16. No partnership or agency
Nothing in the Contract is intended to or shall operate to create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
17. Third party rights
The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.
Unless otherwise provided, any notice under the Contract shall be in writing and shall be delivered by recorded delivery post or by commercial courier (requiring signature on delivery) to the other party at its address as set out in the Contract, or such other address as may have been notified by that party for such purposes. A correctly addressed notice sent by recorded delivery post shall be deemed to have been received on the second Working Day after posting. A correctly addressed notice sent by commercial courier shall be deemed to have been received on the date and at the time of signature of the courier's delivery receipt.
19. Dispute Resolution
If any dispute arises in connection with the Services, the parties shall first attempt to resolve such dispute amicably between themselves. Should such attempts fail to lead to a solution satisfactory to both parties, the parties shall attempt to settle the dispute by mediation in accordance with the Model Mediation Procedure of the Centre for Effective Dispute Resolution (CEDR). Unless otherwise agreed between the parties, the mediator will be nominated by CEDR and the mediation will take place in KIRKLARELI, Turkey. To initiate the mediation a party must give notice in writing ("ADR notice") to the other party to the dispute requesting mediation. A copy of the request should be sent to CEDR.
20. Governing law and jurisdiction
20.1 The Contract and any disputes or claims arising out of or in connection with its subject matter, including its existence and validity, are governed by and construed in accordance with the laws of Turkey.
20.2 The parties irrevocably agree that the courts of Turkey have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract.
Privacy and Security
1. Personal data we collect
When you sign up for our services and during the provision of those services, we collect the following categories of data:
- Identification data: surname, forename, postal and email address, telephone number, customer number etc.
- Billing and/or payment data: bank account details, methods of payment, bills, etc.
- User data: services purchased, products used, charges, communications, etc.
- Customer relationship data: requests for support, correspondence with customers, etc.
2. How we use your data
We use your data to perform and manage your contract. This includes managing your Customer account and our contractual relationship, installing, maintaining, providing and managing the service purchased or the product ordered, providing support services and processing your requests, billing the service or product, handling complaints and disputes and debt recovery procedures, which may involve third parties.
These data are retained for the time needed to manage the contract and/or for the time imposed by law. Without these data, we would not be able to provide the services you have purchased.
We may also use your data in our legitimate interests. For example, we may use your data to assess and improve our services and develop new services, and to implement loyalty, direct marketing, customer satisfaction and promotional campaigns.
Unless you opt out, you may receive offers from us or our commercial partners, by post or telephone, and emails promoting services similar to those we offer. With your express consent, we may email you commercial information on other different types of services. Your data may also be used to protect the security of the network and prevent fraud or as part of a merger, asset sale or transfer of all or part of our business, by transferring your Customer personal data to the one or more third parties involved for the purposes of the transaction. These data will be retained for the time needed to achieve those purposes and for no more than three years after the end of the contractual relationship, as regards direct marketing purposes.
We may also use your data to fulfil our statutory obligations (including under anti-fraud and money-laundering laws and the legislation on late payments and payment defaults by customers) and/or to reply to requests submitted by public and governmental bodies.
3. Your preferences regarding the collection and use of your data
You may access your data, rectify it, request its erasure, object to processing on legitimate grounds relating to your particular situation and exercise your right to data portability, at any time, via your Account Management Console or by emailing your request along with proof of your identity to our Personal Data Protection Officer at: email@example.com
However, we are not under any obligation to erase the data we need for the purpose for which it was collected, required to ensure compliance with a statutory obligation and/or to confirm, exercise or defend rights before a court of law.
You may also give instructions to our Personal Data Protection Officer on the use of your personal data after your death.
You may register with a free telephone preference service to prevent unsolicited marketing calls from third-party companies on www.bloctel.gouv.fr.
If you are not happy with our handling of a complaint, you may contact the French Data Protection Agency (Commission Nationale de l’Informatique et des Libertés or “CNIL”), in charge of regulating compliance with personal data obligations.
4. Security of your data
We take all steps required to protect the personal data we process. Your data is processed electronically and/or manually and, in both cases, we ensure an appropriate level of security, protection and confidentiality based on the sensitivity of your data, using administrative, technical and physical measures preventing any loss or theft or any unauthorised use, disclosure or alteration of your data.
5. Access to your personal data
Your personal data is processed by us, companies belonging to the Iliad Group and our subcontractors, data processors and partners, to manage the contract and provide the services you have requested or authorised.
Your data may also be transferred to third parties, providing services or support and advice to us.
On request, it may also be transferred to the persons and authorities granted access to personal data under applicable laws or regulations or provisions adopted by legally competent authorities.
Our subcontractors, data processors and partners may be located outside the European Union. If they are located in a country that has not been recognised as providing an adequate level of protection, they must comply with our security and confidentiality requirements for your personal data and are only authorised to process your data for the purposes we determine. These subcontractors, data processors and partners must first sign the standard contractual clauses published by the European Commission.
AGREEMENT TO SUBCONTRACT THE PROCESSING OF PERSONAL DATA
This Subcontracting Agreement forms an integral part of the Service agreement between the Client and AltınSoft Information Technologies. (“Agreement”).
For the purposes of the fulfilment and performance of the Agreement, Personal Data (as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("GDPR")) may be disclosed to and/or accessed by Online.
The purpose of this Subcontracting Agreement is to define the conditions under which Online undertakes to carry out Personal Data Processing operations, for the sole purpose of the performance of the Agreement and only for the duration of the Agreement, exclusively on behalf of the Client. The Parties hereby undertake to comply with the Data Protection Regulations.
Within the framework of the Agreement, the Client acts as data controller with regard to Personal Data as defined in the GDPR and Online acts as data processor as defined in the GDPR.
The Client has ascertained, on the basis of the information provided by Online and the other information at its disposal, that Online presents sufficient guarantees, in particular in terms of experience, resources, capacities and reliability, for the purpose of implementing the technical and organisational measures necessary to ensure that the Personal Data Processing provided for in the Agreement is carried out in compliance with the Data Protection Regulations.
Online represents and warrants that it has implemented all the necessary technical and organisational measures to ensure that the Personal Data Processing is carried out in accordance with the Data Protection Regulations, including the GDPR.
In addition to the terms and expressions defined in this Subcontracting Agreement ("Subcontracting Agreement"), the terms and expressions "International Organisation", "Data Protection Officer" and "Personal Data Breach" shall have the same meaning as assigned to them in the GDPR. In addition, the following terms and expressions have the meanings given below, regardless of whether they are used in the singular or plural:
"Personal Data" means any information relating to any natural person who is directly or indirectly identified or identifiable, in particular through the use of identifying information such as a name, an identification number, location data, an online username, or one or more elements specific to the person's physical, physiological, genetic, mental, economic, cultural or social identity that may be disclosed or made available in the context of the fulfilment and performance of the Agreement;
“Security Measures” means the security measures provided for by the Data Protection Regulations and any other obligation provided for by the said Regulation to guarantee the security and confidentiality of Personal Data, including the activities to be carried out in the event of a Personal Data Breach, in particular in order to avoid or reduce the harmful effects of the Personal Data Breach on the Data Subjects;
"Agent" means the employees, authorised persons or any other natural person empowered to carry out Processing Operations for any Personal Data transmitted or made available by Online and/or its possible Sub-processors;
"Data Subject" means the identified or identifiable natural persons to whom the Personal Data refers;
"Data Protection Regulations" means the GDPR, the French Data Protection Act no. 78-17 of 6 January 1978 and its successive amendments ("French Data Protection Act"), Directive 2002/58/EC of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector of 12 July 2002, as well as all legislative provisions, regulations, guidelines, opinions, certifications, approvals, recommendations or final judicial decisions relating to the protection of personal data applicable to the Processing of Personal Data, already in force or which will enter into force during the term of this Subcontracting Agreement, including the measures, guidelines and opinions of the Working Party referred to in Article 29 of Directive 95/46/EC of the European Committee on Data Protection referred to in Articles 63 and seq. of the GDPR and of any other competent authority. In the event of a conflict between
the French Data Protection Act, the GDPR and/or the measures adopted by the competent authorities to implement them, the provisions of the GDPR and the measures adopted to implement it shall take precedence.
"Processing" means the processing of Personal Data as defined in the GDPR entrusted to Online under the Agreement and described in this Subcontracting Agreement.
2. Processing operation(s) to be Subcontracted
2.1. The Processing carried out by Online for the purposes of this Subcontracting Agreement shall relate solely to the types of Personal Data and the categories of Data Subjects defined by the Client.
2.2. Online undertakes to guarantee the confidentiality of the Personal Data and to ensure that any Subsequent Agents and Data Processors authorised to process the Personal Data under this Subcontracting Agreement observe the confidentiality of the Personal Data. The confidentiality obligation in respect of the Personal Data will remain in force for five years from the expiry of the Agreement.
3. Nature, aims and methods of the Processing
3.1. Online, in its capacity as Data Processor for the Data Processing, undertakes, at its own expense:
- to process the Personal Data for the exclusive purpose of performing the Agreement within the limits and according to the terms stipulated in said Agreement, this Subcontracting Agreement and the Data Protection Regulations;
- not to independently define the methods for the Processing of Personal Data and not to act as an independent data controller in relation to said data;
- to scrupulously comply with the written instructions issued by the Client and notify the Client if it considers that any instruction is in violation of the Data Protection Regulations or more generally of any applicable legislation;
- to process only such Personal Data as is strictly necessary for the performance of the Agreement or to comply with legal obligations;
- to process the Personal Data in a lawful manner and in accordance with the Agreement and this Subcontracting Agreement and with the requirements laid down by the Data Protection Regulations;
- notify the Client of any requirements to modify, update, correct or delete the Personal Data and undertake to update, modify, correct or delete the Personal Data at the request of the Client;
- to assist the Client and cooperate with it in the event of a request made by the competent authorities, the Data Subjects and in order to comply with the obligations arising from the Data Protection Regulations; and
- to provide the Client with all the information in its possession that is necessary to demonstrate that the Client is in compliance with the obligations set out in the Data Protection Regulations.
3.2. Online is expressly prohibited from using all or part of the Personal Data, for any purpose whatsoever, on its own account or on behalf of a third party, whether during the term of the Agreement or after the end thereof.
4. Processing Activity Record
4.1. In accordance with Article 30, paragraph 2, of the GDPR, Online undertakes to keep a separate, constantly updated record concerning all categories of activities relating to the Processing of Personal Data carried out on behalf of the Client. This shall include:
- the name and contact details of Online and its Sub-processors, those of the Client and, where applicable, the Client’s and Data Processor’s Data Protection Officer;
- the categories of Data Processing carried out on behalf of the Client;
- any transfers of Personal Data to a third country or to an International Organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the GDPR, the documents proving the existence of the appropriate safeguards required by Article 49 of the GDPR; and
- a general description of the technical and organisational security measures referred to in Article 32(1) of the GDPR including, inter alia, as required:
- pseudonymisation and encryption of the Personal Data;
- means making it possible to safeguard the ongoing confidentiality, integrity, availability and resilience of the processing systems and services;
- means making it possible to restore the availability of and access to the Personal Data within appropriate time limits in the event of a physical or technical incident;
- a procedure for the regular testing, analysis and evaluation of the effectiveness of the technical and organisational measures safeguarding the security of the data processing.
4.2. Online undertakes to promptly provide the Client with a copy of the record referred to in clause 4.1 at the request of the Client and/or the competent authorities.
4.3. Online undertakes to provide the Client with all the information relating to the Processing of Personal Data that it needs in order to be able to establish its own record of processing operations referred to in Article 30(1) of the GDPR.
5. Obligations relating to Agents
5.1. Online undertakes to ensure that Agents have access only to the Personal Data that is strictly necessary for the performance of the Contract or in order to fulfil the legal obligations and that Agents exclusively Process such Personal Data, in all cases, within the limits and under the terms of this Subcontracting Agreement, the Agreement and the Data Protection Regulations.
5.2. Online also undertakes to allow Personal Data Processing to be carried out only by Employees who:
- through their experience, skills and training, have proven that they are able to comply with the Data Protection Regulations and who must have access to such Personal Data in order to perform the Agreement;
- have attended at least one training course per year on the obligations laid down by the Data Protection Regulations;
- have been designated in writing as Agents authorised to carry out Processing Operations;
- have committed in writing to strictly observe the confidentiality obligations during the Processing of Personal Data;
and to scrupulously ensure that the Agents properly carry out the instructions received and fulfil the obligations incumbent upon them.
5.3. The Contractor agrees to establish physical, technical and organisational measures to ensure that:
- each Agent may only access Personal Data that may be Processed pursuant to the Agent's authorisation, taking into account the activity that the Agent must perform within the framework of the Agreement;
- any Processing of Personal Data constituting a breach of this Subcontracting Agreement, the Agreement and/or the Data Protection Regulations is immediately identified and reported to the Client in accordance with the procedure and within the time limits set out in Article 8 in the event of a Personal Data Breach; and
- upon termination of the Agreement or the mission entrusted to the Agent, the Agent shall immediately discontinue the Processing of the Personal Data and shall refrain from keeping any copies of the Personal Data in any form whatsoever, in particular in electronic or paper format.
6.1. Online may only use another subcontractor ("Sub-processor") to carry out specific Processing activities. At the request of the Client, Online will send a list of Sub-processor and will notify the Client in case of modification of these Sub-processor.
6.2. Online ensure that each Sub-processor offers adequate guarantees with regard to the Data Protection Regulations in terms of the technical and organisational measures adopted for the Processing of the Personal Data and ensure that each Sub-processor immediately discontinues any Processing of the Personal Data in the absence of such guarantees, including on the basis of information obtained from the Compliance Checklist referred to in paragraphs c) and e) of clause 6.2 above. If the Sub-processor fails to fulfil its obligations regarding the protection of the Personal Data, Online shall remain fully liable vis-a-vis the Client with regard to the Sub-processor's performance of its obligations.
6.3. Online ensure that each Sub-processor is bound by adequate confidentiality obligations and that it undertakes to comply with the obligations of this Subcontracting Agreement on behalf of and according to the instructions of the Client, through a written agreement similar in content to that of the Subcontracting Agreement.
7. Security Measures
7.1. Online undertakes to adopt Security Measures in accordance with the provisions of the Data Protection Regulations and this Subcontracting Agreement.
7.2. More specifically, Online, taking into account the current situation and implementation costs and the nature, purpose, context and aims of the Processing of the Personal Data, as well as the risk that the Processing poses to the rights and freedoms of natural persons and the probability and gravity of said risk, undertakes to take appropriate technical and operational measures to guarantee a level of security commensurate with the risk associated with the Processing of the Personal Data, including, where appropriate, the measures provided for in Article 32, paragraph 1, of the GDPR. In any event, Online undertakes to:
- adopt, as a minimum requirement, all the technical and organisational measures required by the Data Protection Regulations;
- keep Personal Data separate from other data processed on its behalf or on behalf of third parties, only in the locations indicated by the Client; and
- send, at the request of the Client informations relating in particular to the physical, organisational and technical measures adopted for Online's Processing of the Personal Data and its own Sub-processors, if any, as well as any other additional information that may be requested by the Client in relation to the physical, technical and organisational measures implemented in connection with the Processing of the Personal Data.
8. Personal Data Breaches
8.1. In the event of any Personal Data Breaches or incidents which may compromise the security of the Personal Data (e.g. loss, damage or destruction of the Personal Data, regardless of the medium or format [paper, electronic or other], unauthorised access by third parties to the Personal Data or any other Personal Data Breaches), including Personal Data Breaches resulting from the conduct of any Sub-processors and/or Online's Agents, Online shall:
- immediately notify the Client upon becoming aware of such Breach by notifying the Client by e-mail at the Client’s contact addresses and providing the Client with the relevant information in order to enable the Client, if necessary, to notify this breach to the competent supervisory authority; and
- in collaboration with the Client, immediately and, in any event, without undue delay, take all necessary measures to minimise the risks of any kind to the Personal Data arising from the Breach thereof and implement any operation that may be necessary to remedy the Breach of Personal Data in order to mitigate its possible harmful effects and investigate its cause.
8.2. For the purposes of this Subcontracting Agreement, the Contractor represents and warrants that it and any of its Sub-processors have adopted technical and organisational measures making it unlikely that a possible Personal Data Breach could jeopardise the rights and freedoms of the relevant Data Subjects, including through the use of technologies such as encryption which render the Personal Data incomprehensible to any person not authorised to access it.
8.3. Online undertakes to keep a record listing the Personal Data Breaches relating to the Personal Data covered by this Subcontracting Agreement, the circumstances surrounding them, the consequences of such Breaches, the measures adopted to remedy them and any failures committed in respect of this Subcontracting Agreement.
9. Rights of the Data Subjects
9.1. Online undertakes to reasonably cooperate with the Client in order to guarantee that requests from Data Subjects provided for under Data Protection Regulations to exercise their rights are met within the time limits and in accordance with the procedures laid down by law and, more generally, in order to ensure full compliance with the Data Protection Regulations. In this respect, Online undertakes to notify the Client of any request by a Data Subject it received.
10. Disclosure and transfer of Personal Data
Online undertakes, in the context of the Processing covered by this Subcontracting Agreement, to:
- refrain from disseminating or disclosing the Personal Data to third parties, including possible Sub-processors, unless the applicable Regulations or the Agreement expressly provide for said dissemination or disclosure or unless the Client authorises it to do so in writing; and
- refrain from transmitting, disseminating or storing Personal Data to or in a non-EU country without the Client’s prior and express consent. In the event that Online is required to transfer Personal Data to a third country or international organisation under EU law or the law of the Member State to which it is subject, it must notify the Client of this prior to processing and provide proof of the mandatory nature of this obligation, unless the applicable law prohibits such notification for important reasons in the public interest.
11.1. Online shall provide the Client, at the latter's request, with any reasonably necessary documents so as to ensure that it is in compliance with the obligations arising from this Subcontracting Agreement.
11.2. Online acknowledges and accepts that the Client may, at its expense, have a trusted third party, recognised as an independent auditor of the Parties and appointed by Online, evaluate the organisational, technical and security measures adopted by Online in the context of the Processing of Personal Data under conditions to be defined by the parties and within the limits of maintaining the services and the confidentiality and the safety of the other customers.
The Client expressly acknowledges and accepts that Online will be compensated for Online's Processing activities carried out by it and its Sub-processors under this Subcontracting Agreement.
13. End of the Agreement
At the end of the Agreement for any reason whatsoever, Online shall immediately discontinue all Processing of the Personal Data and delete the Personal Data and any copies thereof, whether in electronic or paper format, from the computer systems, archives or any other place or device where they are stored, within ten days, except in cases where the storage of the Personal Data is required by applicable legislation, in which case such storage shall only be subject to the limits strictly laid down by such legislation. It is therefore the responsibility of the Client to ensure the retention of Personal Data prior the termination of the Contract.
Cancellation and Refund Policy
For web hosting and reseller hosting services, it is possible to refund within the first 7 days from the service start date.
Refund is not possible with domain services.
Refund is not possible with licence services.
VPS,VDS and Cloud Server Services
Refund is not possible with virtual server services.
Dedicated Server Services
Refund is not possible with dedicated server services.