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Distance Sales Agreement

Terms governing hosting, server and domain services purchased remotely: order, payment, delivery, availability commitment, termination and dispute resolution.

Last updated: 11 August 2026 Pixoof Teknoloji A.Ş.

English translation — for information purposes only. This document is an English translation of the Turkish original published at https://www.sunucucenter.com/terms/mesafeli-satis-sozlesmesi/. It is provided for convenience only and has no independent legal effect. In the event of any inconsistency, ambiguity or dispute regarding interpretation, the Turkish text shall prevail. The contractual relationship is governed by Turkish law.

Last updated: 10 August 2026

This Distance Sales Agreement (hereinafter the “Agreement“) has been concluded, in accordance with the provisions of Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun) and the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği), between the parties whose particulars are set out below, within the framework of the order placed electronically by the BUYER through the client portal at https://portal.sunucucenter.com.

The BUYER accepts, declares and undertakes that, before confirming the order, it has been informed — by means of the Preliminary Information Form prepared pursuant to Article 5 of the Regulation on Distance Contracts — of the essential qualities of the service subject to the order, the sales price including all taxes, the payment and performance conditions, the subscription period and the renewal price, whether or not a right of withdrawal exists, and the avenues of recourse in the event of a dispute; that it has read and understood this information; and that it has confirmed the same in electronic form.

Article 1 — Parties

1.1. SELLER (Türkiye operation)

Corporate title Pixoof Teknoloji Anonim Şirketi (hereinafter referred to as the “Company” or “Pixoof Teknoloji A.Ş.”)
Trademark / website SunucuCenter — https://www.sunucucenter.com
Client portal https://portal.sunucucenter.com
Registered head office address Beylikdüzü OSB Mahallesi, Birlik Sanayi Sitesi, 3. Cadde No: 5 Daire: 130, Beylikdüzü / İstanbul
Office (correspondence and service of notice) address Yeşilköy Mahallesi, Atatürk Caddesi No: 12, B3 Blok Daire 268, EGS Business Park, Bakırköy / İstanbul
MERSİS number 0730088135100001
Trade registry number 1079045
Tax office / tax identification number Beylikdüzü Vergi Dairesi / 7300881351
Registered electronic mail (KEP) address pixoof@hs03.kep.tr
Corporate telephone 0212 963 05 05
Customer support telephone +90 850 270 0511
E-mail support@sunucucenter.com

1.2. SELLER (United States operation)

Corporate title White Label Services, LLC
Type of legal entity Limited Liability Company — Domestic
State of formation Wyoming, United States of America
Filing ID 2025-001629094
Principal office (registered place of business) address 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, USA
Contact support@sunucucenter.com

1.3. Determination of the legal entity providing the service

1.3.1. The contracting party and addressee for all services provided from the İstanbul — Equinix data center, as well as for services provided to BUYERs resident in Türkiye, is Pixoof Teknoloji A.Ş.

1.3.2. The contracting party and addressee for the server services provided from the New York location is White Label Services, LLC.

1.3.3. The location from which each ordered service is provided, and consequently which legal entity is the contracting party, is expressly shown at the order step and on the invoice. In this Agreement, the expression “SELLER” refers to the legal entity determined in accordance with the above distinction with respect to the relevant service.

1.3.4. With respect to consumers resident in Türkiye, the mandatory provisions of Law No. 6502 and the relevant legislation are reserved, irrespective of the location from which the service is provided. This shall not prejudice the application of the mandatory protective provisions concerning consumer contracts pursuant to Article 26 of Law No. 5718 on Private International Law and Procedural Law.

1.4. BUYER

The BUYER is the natural or legal person identified by the name-surname/corporate title, Turkish Republic (T.C.) identity number or tax identification number, address, telephone and e-mail information declared by it in the order form and in the account record in the client portal. This information contained in the order form is an integral part of this Agreement. The BUYER accepts that the information it has declared is accurate, current and complete.

Article 2 — Definitions

The terms used in this Agreement bear the following meanings:

  • Service: All of, or the part subject to the order of, the Linux web hosting, virtual server (VPS), VDS, rented dedicated server, co-location and domain name registration services provided by the SELLER, together with the ancillary services related thereto.
  • Portal / Panel: The client management interface located at https://portal.sunucucenter.com, operating on the WISECP infrastructure, through which order, payment, invoice, support ticket and service management transactions are carried out, together with the service-specific server management interface. The Panel includes 24/7 self-service reboot, ISO installation, console access and resource graph viewing capabilities.
  • Subscription period: The billing period selected in the order (monthly, quarterly, semi-annual, annual, etc.) during which the price of the service is paid in advance and the service is provided without interruption. The subscription period commences on the activation date of the service and ends at the end of the selected period.
  • Renewal: The continuation of the service for a new subscription period, upon expiry of the subscription period, at the same price or at the current price shown at the order step.
  • Hosting provider: Pursuant to Article 2 of Law No. 5651, the natural or legal person who provides or operates the systems hosting the services and content. The SELLER holds the capacity of hosting provider with respect to hosting and server services.
  • Content provider: The person who produces, modifies and presents any and all information and data hosted on the Service. The BUYER and the BUYER’s end users are content providers with respect to the content they host.
  • Fair use: The principle that resources defined as shared or unlimited/limitless (processor, memory, disk input-output, concurrent processes, number of e-mail transmissions, network bandwidth) shall be used to an extent consistent with the ordinary purpose of the service and in a manner that does not adversely affect the service quality of other users on the same server or infrastructure.
  • Unmanaged service: The service model in which the SELLER is responsible solely for the physical infrastructure, electricity, cooling, network connectivity and hardware layer, and in which the installation, configuration, updating and security management of the operating system and the application layer belong to the BUYER.
  • Availability (uptime): The ratio of the period during which the service is accessible over the network within a calendar month to the total period in that month.
  • Scheduled maintenance: The work window announced in advance by the SELLER for infrastructure, hardware or software updates.
  • Preliminary Information Form: The information text presented to the BUYER in electronic form prior to the order and containing the matters enumerated in Article 5 of the Regulation on Distance Contracts.
  • Durable medium: As defined in Article 4 of the Regulation on Distance Contracts, the instrument that enables the information sent to the BUYER to be recorded in a manner allowing the BUYER to examine it for a reasonable period in accordance with the purpose of such information, and to be copied without alteration, and that affords access to such information in unaltered form (e-mail, the permanent record area on the Portal, etc.).

Article 3 — Subject Matter and Scope of the Agreement

3.1. The subject matter of this Agreement is the sale and performance of the services ordered by the BUYER electronically through the Portal, the qualities and sales price of which are specified in the order form and in the Preliminary Information Form, and the determination of the rights and obligations of the parties in relation to such services within the scope of Law No. 6502 and the Regulation on Distance Contracts.

3.2. The services falling within the scope of the Agreement are as follows: Linux web hosting, virtual server (VPS), VDS, rented dedicated server, co-location and domain name registration. The co-location service is provided only at the İstanbul — Equinix data center.

3.3. The following documents are integral annexes and complementary parts of this Agreement; they shall be construed together with the Agreement:

  • Preliminary Information Form
  • Order form and invoice
  • Privacy Policy and KVKK Privacy Notice
  • Acceptable Use Policy
  • Service Level Commitment (SLA)
  • Cookie Policy

3.4. In the event of a conflict between the annexes and this Agreement, the provision that is in favor of the consumer shall apply; with respect to BUYERs holding merchant status, the provisions of this Agreement shall be taken as basis.

Article 4 — Essential Qualities, Term and Price of the Service

4.1. The type of the service subject to the order, its technical specifications (number of processor cores, amount of memory, disk capacity and type, network bandwidth, traffic quota, number of IP addresses, location), the subscription period and its price are as shown to the BUYER at the order step and in the Preliminary Information Form. This information constitutes the content of this Article.

4.2. The SELLER uses NVMe SSD storage on all server lines and offers ECC memory for critical workloads. The data centers from which the services are provided are İstanbul — Equinix and New York. The network infrastructure is built upon multi-carrier connectivity, a total egress capacity of 80 Gbit/s and a redundant backbone.

4.3. Price and currency. Service prices are displayed in Turkish Lira (TRY) or United States Dollars (USD), according to the currency selected in the order. Prices are displayed on the order screen with an express statement as to whether or not taxes are included. Pursuant to the Regulation on Distance Contracts, the total amount including all taxes is expressly shown to the BUYER at the payment step.

4.4. No hidden items. No additional fee, setup charge or commission shall be demanded from the BUYER other than the total amount shown at the order step. Additional chargeable requests that may subsequently arise (additional IP, additional resources, additional backup space, chargeable technical intervention, etc.) shall arise only in the event that the BUYER places a separate order through the Portal and the price has been shown in advance.

4.5. Renewal price. The renewal price to be applied at the end of the subscription period is expressly shown to the BUYER at the initial order step before payment is made. The renewal price may differ from the price of the first period on account of a promotional/discount campaign; the renewal price shall not be collected unless such difference has been shown before payment.

4.6. Price change. The SELLER shall not unilaterally increase the price paid by the BUYER during the subscription period in force. In the event that a price change is made to apply to subsequent subscription periods, notification shall be made to the BUYER via its registered e-mail address a reasonable time before the change enters into force and, in any event, in such a manner as to afford the BUYER the opportunity to cancel the renewal. Following the notification, the BUYER may cancel the renewal and thereby terminate the Agreement as of the end of the period.

4.7. Exchange rate. For services priced in USD, where payment is made in Turkish Lira, the exchange rate to be applied and any conversion costs applied by banks are shown at the payment step. The applied exchange rate and the moment on which the rate is based are expressly stated at the payment step and on the invoice.

4.8. Domain name prices. Domain name registration, transfer and renewal fees vary on the basis of the extension and are shown separately in registration/transfer/renewal columns in the price table on the Portal. This table is synchronized with the Portal on a daily basis. The BUYER is aware that the domain name renewal fee may differ from the registration fee.

Article 5 — Payment Terms

5.1. As a rule, the service fee shall be collected in advance, before the subscription period commences. Payment shall be made through the Portal at https://portal.sunucucenter.com.

5.2. Payment methods. Payment shall be effected by selecting from among the payment methods displayed to the BUYER at the payment step of the Portal. Payments made by card shall be received through the secure infrastructure of a payment service provider authorized under Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions. Should payment by bank transfer/EFT (havale/EFT) be preferred, the details of the account into which the payment is to be made shall be shown to the BUYER on the Portal and in the payment instruction following the order. Card details shall not be stored by the SELLER; the payment transaction shall be completed on the secure infrastructure of the payment service provider.

5.3. Invoice. The invoice relating to the service fee shall be issued on the basis of the BUYER’s information registered on the Portal following completion of the payment and shall be transmitted to the registered e-mail address; it shall also be accessible through the Portal. The BUYER is responsible for the accuracy of the invoice information.

5.4. Renewal and automatic renewal.

5.4.1. Before the subscription period expires, the SELLER shall send the BUYER, via the registered e-mail address, a renewal notice and a payment request (proforma). This notice shall be made a reasonable time before the end of the subscription period.

5.4.2. The BUYER may activate the automatic renewal feature through the Portal. If automatic renewal is active, the renewal fee shall be collected through the BUYER’s registered payment method. The date on which the automatic collection is to be made shall be shown on the service detail screen in the Portal, and the amount and the date shall be notified to the BUYER prior to collection.

5.4.3. The BUYER may disable automatic renewal through the Portal at any time and without stating any reason. Disabling automatic renewal shall not terminate the current subscription period; the service shall continue until the end of the period paid for.

5.4.4. If automatic renewal is disabled for domain names and the renewal fee is not paid in due time, the domain name shall first enter the renewal waiting (grace/redemption) process in accordance with the rules of the relevant registry, and may thereafter be released. The BUYER is responsible for the consequences of this process and for any redemption fees that may arise.

5.5. Non-payment and graduated suspension. Should the renewal fee not be paid on its due date, the following graduated procedure shall be applied:

  1. Reminder: As from the due date, a payment reminder shall be made to the BUYER by way of the registered e-mail address and Portal notification. Reminders shall be repeated at reasonable intervals until payment is made or until the next stage is reached.
  2. Suspension: If payment is not made, as from the due date, within the period shown in the reminder notices and on the Portal, the service shall be suspended. During the suspension the BUYER’s data shall not be deleted; however, external access to the service and to the hosted content shall be halted. Suspension shall not be applied without notice being given to the BUYER a reasonable time in advance.
  3. Termination and data deletion: If payment is not made, as from the date of suspension, within the period shown in the suspension notice either, the Agreement may be terminated by the SELLER for just cause. In the event of termination, notice shall be given to the BUYER and the date on which the data will be permanently deleted shall be expressly stated, in a manner consistent with the provisions of Article 16.6.

5.5.1. Should the BUYER pay the accrued fee within the suspension period, the service shall be reactivated within a reasonable time following the receipt of the payment into the SELLER’s accounts. If a fee is to be applied for reactivation, such fee shall be shown in advance on the product page of the relevant service and on the Portal; no fee that has not been shown in advance shall be demanded from the BUYER.

5.5.2. With respect to BUYERs having the status of merchant, default interest may be demanded in the event of default within the framework of the provisions of Turkish Commercial Code No. 6102 and Law No. 3095 on Statutory Interest and Default Interest. In consumer transactions, the mandatory provisions of consumer legislation are reserved.

5.6. Refund and set-off. Should a refund arise in favor of the BUYER, the refund amount shall be made through the method by which the payment was made and in the same currency, within at most fourteen (14) days as from the date on which the SELLER’s refund obligation arises. This period is consistent with the refund period set out in the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği) with respect to cases of withdrawal and termination.

Article 6 — Performance and Activation

6.1. Web hosting, virtual server (VPS) and VDS. These services shall be installed and made accessible automatically following the collection of the order fee and the completion of identity/card verification checks, if any. The access details shall be sent to the BUYER’s registered e-mail address and may be viewed through the Portal. Services installed automatically and instantaneously are in the nature of services performed instantaneously in the electronic environment.

6.2. Rented dedicated server. In dedicated server services, delivery shall be effected, depending on the stock status of the hardware, the configuration selected and the necessary installation operations, within the delivery period shown to the BUYER at the order step as from the completion of the payment. Delivery shall be deemed completed upon the connection of the server to the network and the transmission of the access details to the BUYER. Pursuant to Article 16 of the Regulation on Distance Contracts, the SELLER shall fulfill its obligation within the period undertaken; in cases involving the delivery of goods, this period may in no event exceed thirty (30) days. Should performance not take place within the undertaken period, the BUYER may terminate the Agreement; in such case, all payments collected shall be refunded within fourteen (14) days as from the date on which the notice of termination reaches the SELLER.

6.3. Co-location. The co-location service is provided solely at the İstanbul — Equinix data center. The process consists of the steps of cabinet/rack allocation, allocation of power and network port, delivery of the BUYER’s hardware to the data center, its acceptance in accordance with the data center entry procedures, and installation. The delivery of the hardware to the data center, its transportation and its insurance belong to the BUYER. Access to the data center is subject to the security and visit procedures of the data center operator (Equinix) and to the obtaining of a prior appointment. Installation shall be completed within the period notified to the BUYER at the order step as from the arrival of the hardware at the data center.

6.4. Domain name registration. Domain name registration requests shall be processed before the registration authority (registry) of the relevant extension and the accredited registrar. The realization of the registration is subject to the approval of the registry; the SELLER may not be held responsible for the non-realization of the registration in cases such as the rejection of the request by the registry, the domain name being taken simultaneously by another applicant, the failure to satisfy the document/eligibility requirements specific to the extension, or similar cases. In such case, the fee collected shall be refunded to the BUYER.

6.4.1. With respect to domain names with the “.tr” extension, allocation procedures shall be carried out within the framework of TRABİS, operated by the Information and Communication Technologies Authority (BTK), and the rules of the Internet Domain Names Regulation (İnternet Alan Adları Yönetmeliği) and the relevant communiqué.

6.4.2. In domain name transfers, transfer locks and waiting periods arising from ICANN and the relevant registry rules may be applied. These periods are not at the disposal of the SELLER.

6.4.3. Responsibility for the accuracy of the registration, renewal and WHOIS/RDAP records of the domain name belongs to the BUYER. The SELLER is not responsible for the suspension of the domain name by the registrar/registry due to incorrect or incomplete contact information.

6.5. Delay arising from verification. The SELLER may, for the purpose of preventing fraud and abuse, request identity or payment verification prior to the activation of the order. In such case, activation may be delayed for a reasonable period until the verification is completed; the verification request shall be notified to the BUYER without delay. Should the verification not be provided, the order shall be cancelled and the fee collected shall be refunded.

Article 7 — Right of Withdrawal

7.1. Cases in which there is no right of withdrawal. Pursuant to subparagraph (ğ) of the first paragraph of Article 15 of the Regulation on Distance Contracts, the consumer has no right of withdrawal in contracts relating to services performed instantaneously in the electronic environment or to intangible goods delivered instantaneously to the consumer.

7.2. Within this scope, with respect to the following services — provided that the condition of automatic and instantaneous performance stipulated in Article 6.1 has in fact materialized — the BUYER has no right of withdrawal:

  • Web hosting services — by reason of the automatic creation of the account following the order and the instantaneous transmission of the access details,
  • Virtual server (VPS) and VDS services — by reason of the instantaneous installation of the server and its being made accessible,
  • Domain name registration, transfer and renewal transactions — by reason of the registration being realized before the registry instantaneously and in an irreversible manner,
  • SSL certificates, licenses and similar items generated/activated instantaneously before a third-party provider.

7.3. Confirmation at the time of the order. The BUYER, at the order step, expressly confirms by means of a separate confirmation checkbox that these services will be performed instantaneously in the electronic environment, that it requests performance to be commenced forthwith and that, for this reason, there is no right of withdrawal. The order cannot be completed without this confirmation. The confirmation record shall be retained by the SELLER together with a date and time stamp and shall be presented to the BUYER upon request. The information that there is no right of withdrawal is also included in the Preliminary Information Form pursuant to Article 5 of the Regulation.

7.4. Special warning regarding domain names. Domain name registration is completed by the creation of a record in the name of the BUYER before the relevant registry and is technically irreversible; the registration fee is not refunded by the registry and the registrar. For this reason, where the registration has in fact been realized, domain name registration, transfer and renewal fees shall not be refunded. In cases where the registration has not been realized at all, the fee shall be refunded pursuant to Article 6.4. This matter is additionally recalled to the BUYER at the order step.

7.5. Cases in which the right of withdrawal operates and the procedure for its exercise. With respect to services that are not performed instantaneously — in particular, in orders for rented dedicated servers and co-location where the delivery/activation process has not yet commenced — the BUYER may exercise its right of withdrawal within fourteen (14) days as from the date on which the agreement was established, without stating any reason and without paying any penalty clause.

7.5.1. The right of withdrawal shall be exercised by an express notice through any one of the following channels:

  • By opening a support ticket through the Portal,
  • By sending an e-mail to the address support@sunucucenter.com,
  • By completing the sample withdrawal form annexed to the Preliminary Information Form,
  • By sending a written notice by KEP (registered electronic mail) to the address pixoof@hs03.kep.tr or to the office (correspondence and service of notice) address specified in Article 1.1.

7.5.2. It is sufficient that the withdrawal notice has been dispatched within the 14-day period; it is not required that the notice has reached the addressee within this period. The burden of proof lies with the BUYER. The SELLER shall confirm to the BUYER without delay that the withdrawal notice has reached it.

7.5.3. Where the right of withdrawal is exercised in accordance with the procedure, the SELLER shall refund all payments collected within fourteen (14) days as from the date on which the notice reaches it, by the method used by the BUYER at the time of payment and without imposing any cost on the BUYER.

7.5.4. Pursuant to subparagraph (h) of the first paragraph of Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in contracts relating to services the performance of which has been commenced with the BUYER’s approval before the expiry of the withdrawal period.

7.6. Merchant BUYERs. The provisions of this article concerning the right of withdrawal shall apply with respect to BUYERs having the status of consumer within the meaning of Law No. 6502 on Consumer Protection. With respect to BUYERs acting for commercial or professional purposes, there is no right of withdrawal and the termination provisions of the Agreement (Article 16) shall apply.

Article 8 — Obligations of the BUYER

8.1. Accuracy of information

8.1.1. The BUYER accepts that all information provided by it during registration and ordering is accurate, current and complete, and that, should there be any change in such information, it will update it through the Portal without delay.

8.1.2. All legal and criminal liability arising from the use of incorrect, incomplete or another person’s information belongs to the BUYER. The SELLER reserves the right, in such case, to suspend the service and to terminate the Agreement for just cause.

8.2. Account security

8.2.1. The preservation of the confidentiality of the Portal and server access details (username, password, SSH key, API key, two-step verification tools) is the responsibility of the BUYER.

8.2.2. The BUYER is responsible for all transactions carried out through its account. In case of suspicion of unauthorized access, the BUYER is obliged to notify the situation immediately to the address support@sunucucenter.com or by support ticket through the Portal.

8.2.3. It is recommended that the BUYER activate two-step verification on its Portal account.

8.3. Acceptable use

The BUYER may not use the service for the following purposes and may not permit third parties to use it in such manner:

  1. Unlawful content: Content that constitutes an offense within the scope of Turkish Penal Code No. 5237, Law No. 5651 and the relevant legislation or that may be the subject of a decision to block access; any and all material relating to the sexual abuse of children; the financing and propaganda of terrorism; the supply of narcotic substances; obscenity; gambling and illegal betting; publications containing attacks on personal rights, insult and threat.
  2. Infringement of intellectual and industrial property rights: Hosting, sharing or distributing works, software, films, music, games, e-books or licensed content without the permission of the rightholder, in a manner contrary to Law No. 5846 on Intellectual and Artistic Works and Industrial Property Law No. 6769; using or distributing unlicensed software; acting as an intermediary in the sale of counterfeit/imitation products.
  3. Spam and unsolicited electronic messages: Sending commercial electronic messages without consent in a manner contrary to Law No. 6563 on the Regulation of Electronic Commerce, the Regulation on Commercial Communication and Commercial Electronic Messages and the rules of İYS (Message Management System — İleti Yönetim Sistemi); acting contrary to the provisions of the CAN-SPAM Act in transmissions directed to the United States (misleading header/subject line, absence of a valid physical address, failure to provide a functioning unsubscribe mechanism); sending bulk e-mail to lists that have been purchased, collected by scraping or obtained without permission; operating an open relay/open proxy; falsifying e-mail headers.
  4. Resource abuse and network attacks: Carrying out cryptocurrency mining and similar computation-intensive operations; organizing a DDoS/DoS attack or providing infrastructure for such attacks (botnet, C&C server, booter/stresser service); unauthorized port scanning, vulnerability scanning, brute force attempts and penetration testing; intercepting network traffic or IP/MAC spoofing; hosting malicious software, ransomware, keyloggers, exploit kits or phishing pages.
  5. Breach of fair use: Consuming processor, memory, disk input-output or concurrent processes in shared hosting services at a level that will adversely affect the performance of other users on the same server; using the service, outside its actual purpose, merely as a backup repository, file archive or file sharing/seeding (torrent) node; consuming resources defined as unlimited/limitless in a manner exceeding the measure of ordinary use.

8.4. Security responsibility in unmanaged services

8.4.1. Virtual server (VPS), VDS, rented dedicated server and co-location services are provided as unmanaged unless otherwise agreed in writing.

8.4.2. In unmanaged services, the installation and configuration of the operating system and of all software running thereon, the application of security updates and patches, the determination of firewall rules, a strong password policy, the management of access privileges, application-layer security and protection against malicious software are entirely the responsibility of the BUYER.

8.4.3. The responsibility of the SELLER is limited to the physical infrastructure, power, cooling, network connection, keeping the hardware in working order and the provision of the management capabilities offered through the Panel.

8.4.4. In the event that the BUYER’s server is compromised and damage is caused to third parties from this server (sending spam, becoming a source of attack, distributing malicious software, etc.), all liability arising therefrom belongs to the BUYER. The SELLER may, for the purpose of protecting the network and the other customers, isolate the relevant server from the network or suspend it without prior notice; this situation shall be notified to the BUYER immediately.

8.5. Consequences of breach

8.5.1. In the event of a breach of the provisions of Articles 8.3 and 8.4, the SELLER may, depending on the nature of the breach, warn the BUYER and request rectification within a reasonable period, limit resource usage, suspend the service, or terminate the Agreement forthwith for just cause. The period to be granted for the remedying of the breach shall be determined taking into account the gravity of the breach and the technical operations required for its remedying, and shall be expressly shown in the notice made to the BUYER.

8.5.2. In grave breaches that directly threaten the integrity of the network, the other customers or third parties (being an active source of attack, material relating to the sexual abuse of children, an active phishing page), immediate suspension shall be applied without prior warning and the situation shall be notified to the BUYER without delay.

8.5.3. The BUYER accepts that it shall not hold the SELLER responsible for any and all claims, administrative sanctions and damages asserted against the SELLER by third parties or administrative authorities by reason of its breach; and that it shall indemnify the damage the SELLER may suffer for this reason.

Article 9 — Obligations of the SELLER and Service Level

9.1. Availability commitment

9.1.1. The SELLER commits to an availability rate of 99.98% on a calendar-month basis with respect to the accessibility of the service over the network.

9.1.2. The monthly availability rate shall be calculated by the following formula:

Availability (%) = ((Total minutes in the month − Minutes of downtime) ÷ Total minutes in the month) × 100

9.1.3. The downtime period is the period recorded in the SELLER’s monitoring systems, running from the first moment at which the service is inaccessible over the network until the moment at which the service becomes accessible again.

9.1.4. The following periods shall not be deemed downtime and shall not be included in the calculation:

  • Scheduled maintenance windows duly announced in advance,
  • Interruptions arising from the BUYER’s own operating system, application, configuration or software,
  • Interruptions arising from the BUYER exceeding the resource limits, or from suspension applied due to a violation of the Acceptable Use Policy,
  • Suspension periods applied due to non-payment,
  • Third-party infrastructure and internet backbone problems falling outside the SELLER’s network, as well as problems arising from the BUYER’s own internet access,
  • Force majeure events,
  • Interventions carried out upon the written request of the BUYER.

9.2. Credit compensation

9.2.1. In the event that the monthly availability rate is realized below 99.98%, the BUYER shall become entitled to claim a service credit in the amount of 5% of the fee of the relevant service attributable to that month.

9.2.2. The credit amount shall be calculated over the monthly fee of the relevant service. In annual or multi-month payments, the monthly fee shall be found by dividing the fee for the period by the number of months in the period.

9.2.3. Claim procedure: The credit claim shall be made by opening a support ticket via the Portal, until the end of the month following the month in which the interruption occurred. The claim shall state the date of the interruption, the time interval and the affected service. The claim shall be examined by the SELLER within a reasonable period on the basis of the monitoring records, and the outcome shall be notified to the BUYER via the Portal.

9.2.4. The approved credit shall be recorded as a service credit in the BUYER’s Portal account and shall be set off against subsequent invoices or renewals. The credit shall not be refunded in cash and may not be transferred.

9.2.5. The total credit to be granted in a calendar month may not exceed the fee of the relevant service for that month. Credit compensation is the BUYER’s contractual remedy in the event that the availability commitment is not met; consumers’ elective rights arising from the provisions of Law No. 6502 on Consumer Protection concerning defective service, as well as their rights to claim compensation under the general provisions, are reserved.

9.3. Scheduled maintenance

9.3.1. The SELLER may carry out scheduled maintenance work for the continuity of the infrastructure. Scheduled maintenance shall, to the extent possible, be planned at hours when traffic is low and in such a manner that service interruption is minimized.

9.3.2. Scheduled maintenance shall be notified to the BUYER’s registered e-mail address and/or to the announcement area on the Portal before the commencement of the work. The notification shall include the maintenance window, the expected impact and the estimated duration. The notification shall be made a reasonable period before the start of the maintenance window.

9.3.3. In urgent maintenance that cannot tolerate delay, such as the closing of a security vulnerability, prior notification may not be possible; in this case, notification shall be made during the work or immediately thereafter.

9.4. Support

9.4.1. The SELLER offers the following support channels:

  • Support ticket (via the Portal): 24 hours a day, 7 days a week, every day of the year,
  • Telephone (+90 850 270 0511): during business hours, for sales and general matters,
  • E-mail (support@sunucucenter.com): accepted at all times,
  • Live chat: for pre-sales and general information requests.

9.4.2. Requests submitted during business hours shall be responded to within the same day. Support tickets shall be evaluated in the shortest possible time, taking into account the nature and priority of the request; requests directly affecting the availability of the service shall be handled with priority.

9.4.3. The scope of support is limited to the infrastructure, network, hardware and Panel functions falling under the SELLER’s responsibility. In unmanaged services, requests relating to the BUYER’s operating system and application layer fall outside the scope of support; the SELLER may meet such requests as a matter of commercial courtesy or within the scope of a separately chargeable management service.

9.5. Other obligations

9.5.1. The SELLER undertakes to provide the service in conformity with the qualities specified in the Agreement and its annexes, to operate the network infrastructure in a redundant manner, and to keep accessible the 24/7 self-service management capabilities offered via the Panel (reboot, ISO installation, console access, resource graphs).

9.5.2. The SELLER is obliged to fulfil the obligations arising from legislation (the hosting provider obligations under Law No. 5651, Law No. 6698 on the Protection of Personal Data (KVKK), the ETBİS (Electronic Commerce Information System) registration obligation and the İYS (Message Management System) rules).

Article 10 — Backup

10.1. The BUYER is obliged to take backups of its own data. Keeping current and independent copies of all hosted data, files, databases, e-mails and configurations is the responsibility of the BUYER.

10.2. The backup features offered by the SELLER (if any) are backups kept solely for the SELLER’s own operational needs or kept within the scope expressly stated in the service package. These backups do not replace the BUYER’s backup obligation and do not constitute an undertaking of an independent backup service.

10.3. Which service package includes the backup feature, the frequency of the backups and the retention period shall be shown at the order step and in the service description. In packages where no backup feature is stated in the service description, no undertaking is given by the SELLER that a backup will be kept for the benefit of the BUYER.

10.4. The SELLER does not undertake that the backups will under all circumstances be complete, current or restorable. Requests for restoration from backup shall be met to the extent technically possible and over the existing backups.

10.5. In the event of the expiry or termination of the service, or of its suspension and subsequent termination pursuant to Article 5.5, the data belonging to the BUYER and the backups thereof shall be permanently deleted at the end of the period specified in Article 16.6. The BUYER is obliged to download its data before the service comes to an end.

10.6. In the co-location service, the backup of the data on the hardware belonging to the BUYER rests exclusively with the BUYER; the SELLER does not access the data on such hardware and does not keep backups thereof.

Article 11 — Hosting Provider Status, Liability for Content and Notice-and-Takedown

11.1. Hosting provider status (Türkiye)

11.1.1. The SELLER (Pixoof Teknoloji A.Ş.) is a hosting provider within the meaning of Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed by Means of Such Publications, and fulfils the obligation to submit a hosting provider notification to the Information and Communication Technologies Authority (BTK) pursuant to Article 5 of the Law.

11.1.2. The SELLER is not obliged to monitor the content it hosts or to investigate whether an unlawful activity is involved. Liability regarding the conformity of the content with the law and the legislation rests with the BUYER, which holds the status of content provider.

11.1.3. The SELLER, in its capacity as hosting provider, is obliged, pursuant to Article 5 of Law No. 5651, to retain the traffic information relating to the services it hosts for the period determined in the relevant regulation, being not less than one year and not more than two years, and to ensure the accuracy, integrity and confidentiality of such information. This information shall be shared only in the event that it is requested by the authorized authorities in accordance with the legislation.

11.2. Notice-and-takedown procedure

11.2.1. Persons claiming that their personal rights have been violated on account of hosted content may apply to the SELLER within the framework of Article 9 of Law No. 5651; those claiming a violation of the privacy of private life may do so within the framework of Article 9/A. Applications shall be made to support@sunucucenter.com, to the registered electronic mail (KEP) address pixoof@hs03.kep.tr, or to the office (correspondence and service of notice) address specified in Article 1.1.

11.2.2. The application must clearly state the identity and contact details of the applicant, the full URL address of the content subject to the violation, the nature and basis of the violation, and the request.

11.2.3. Pursuant to the second paragraph of Article 9 of Law No. 5651, the requests of persons whose personal rights have been violated shall be answered by the hosting provider within twenty-four (24) hours at the latest. Upon receiving a duly made notification, the SELLER shall forward the request to the BUYER and grant a period for the removal or correction of the content. If the requirements are not fulfilled within this period, or if there is a decision of a court or of a competent administrative authority, the SELLER may remove the content from publication or suspend the service within the narrowest scope technically possible.

11.2.4. Decisions on the blocking of access or the removal of content issued by a competent court, judge, criminal judgeship of peace or by the Information and Communication Technologies Authority (BTK) shall be implemented immediately, without the need for any further notification.

11.2.5. The SELLER shall record the actions it takes within the scope of notice-and-takedown and shall notify the BUYER thereof. The BUYER may submit its objection to the removal action via the Portal.

11.3. DMCA (US operation — White Label Services, LLC)

11.3.1. With respect to the services provided from the New York location, copyright infringement claims are subject to the notification and counter-notification procedure under the Digital Millennium Copyright Act (17 U.S.C. § 512).

11.3.2. Copyright holders or their authorized representatives shall submit their notifications meeting the requirements of 17 U.S.C. § 512(c)(3) (identification of the work, the full address of the material claimed to be infringing, the contact details of the applicant, a statement of good faith, a statement of accuracy and a statement accepting the criminal consequences of false statement, wet-ink or electronic signature) to the SELLER via the address support@sunucucenter.com.

11.3.3. Upon receipt of a duly made DMCA notification, access to the relevant material shall be removed or disabled without delay and the situation shall be notified to the BUYER.

11.3.4. If the BUYER is of the opinion that the material was removed by mistake or as a result of misidentification, it may send a counter-notification meeting the requirements of 17 U.S.C. § 512(g)(3). In the event that a counter-notification is received, pursuant to 17 U.S.C. § 512(g)(2)(C), the material may be restored to access at the end of the waiting period of ten to fourteen business days, provided that no notification has been given that the complainant has filed an action.

11.3.5. In the case of repeat infringements, the BUYER’s account may be terminated within the framework of the repeat infringer policy adopted pursuant to 17 U.S.C. § 512(i).

Article 12 — Intellectual Property Rights

12.1. The intellectual and industrial property rights relating to the SunucuCenter brand, its logo, and the design, interface, text, visuals, software, database and all other elements on https://www.sunucucenter.com and https://portal.sunucucenter.com belong to the SELLER or to the third parties granting licenses. These elements are protected under Law No. 5846 on Intellectual and Artistic Works and Law No. 6769 on Industrial Property.

12.2. The right granted to the BUYER under this Agreement is solely a non-exclusive, non-transferable right of use, not subject to sub-licensing, relating to the use of the service throughout the subscription period of the service and for the purpose determined in the Agreement.

12.3. The BUYER may not, without the written permission of the SELLER, use the SunucuCenter brand, its logo or its trade dress, may not resell the service under its own brand (unless a separate dealership/reseller agreement is concluded), and may not subject the Panel software to reverse engineering, copy it or produce derivative works therefrom. The exceptions provided for in Article 38 of Law No. 5846 are reserved.

12.4. All rights relating to the content, data and software hosted by the BUYER on the service belong to the BUYER or to the third parties holding the rights. The SELLER is authorized to carry out, on such content, only those technical operations that are necessary for the provision of the service, for backup and for the fulfilment of the obligations arising from legislation.

12.5. The BUYER undertakes that it holds all necessary licenses and permissions with respect to the content it hosts, and that it does not infringe the intellectual property rights of third parties. The BUYER shall be liable for claims to be directed against the SELLER due to a breach of this undertaking.

Article 13 — Confidentiality and Protection of Personal Data

13.1. The Parties agree not to share with third parties any information of a trade secret nature, technical configuration information and data of a confidential nature that they learn within the scope of the Agreement; and that this obligation shall continue after the Agreement comes to an end. The sharing of information requested by competent authorities in accordance with the legislation shall not be deemed a breach of confidentiality.

13.2. Personal data belonging to the BUYER shall be processed in accordance with Law No. 6698 on the Protection of Personal Data (KVKK) and the relevant secondary legislation. Detailed information regarding the identity of the data controller, the purposes of processing, the legal grounds, the recipients of transfers, the retention periods and the rights under Article 11 of the KVKK is set out in the KVKK Privacy Notice and the Privacy Policy. The BUYER acknowledges that it has reviewed these texts prior to placing the order.

13.3. In respect of BUYERs resident in Türkiye and of the services provided from the İstanbul — Equinix location, the data controller is Pixoof Teknoloji A.Ş. The corporate identification details of the data controller and the office (correspondence and service of notice) address to which applications are to be submitted are set out in Article 1.1.

13.4. Transfer abroad. In services provided from the New York location and in other cases required by the service, personal data may be transferred abroad. Such transfers shall be carried out in accordance with the tiered regime provided for in Article 9 of the KVKK as amended by Law No. 7499 and in the Regulation on the Procedures and Principles Regarding the Transfer of Personal Data Abroad:

  1. Adequacy decision (KVKK Art. 9/1): Where an adequacy decision has been issued by the Personal Data Protection Board (KVKK Kurulu) in respect of the relevant country, of sectors within that country or of international organisations, the transfer shall be carried out on the basis of that decision. There is currently no adequacy decision in respect of the United States of America.
  2. Appropriate safeguards (KVKK Art. 9/2): As no adequacy decision exists, transfers to be made to the USA shall be carried out where the data controller and the data processors provide one of the following appropriate safeguards: (i) binding corporate rules — within a group of multinational undertakings, subject to the approval of the Board; (ii) the standard contract announced by the Board — provided that this contract is notified to the Personal Data Protection Authority (KVKK Kurumu) by the data controller or the data processor within five business days as from its signature; (iii) a written undertaking to the effect that adequate protection will be provided — subject to obtaining the permission of the Board. The option of an agreement (protocol) between public institutions and organisations or professional organisations having the status of a public institution, provided for in subparagraph (a) of Article 9/2 of the Law, is not applicable in respect of the SELLER, which is a legal entity of private law.
  3. Incidental cases (KVKK Art. 9/6): Where neither an adequacy decision nor any of the appropriate safeguards exists, the transfer may be carried out only on an incidental basis and where one of the cases exhaustively listed in the sixth paragraph of Article 9 of the Law exists (the existence of the explicit consent of the data subject, obtained after informing them of the possible risks of the transfer; the transfer being necessary for the performance of a contract; an overriding public interest; the establishment, exercise or protection of a right; the protection of life or bodily integrity in the case of factual impossibility; transfer from registers open to the public).

13.5. Where it is necessary for BUYER data to be transferred to the U.S. leg between Pixoof Teknoloji A.Ş. and White Label Services, LLC, the transfer shall be carried out by providing one of the appropriate safeguards provided for in Article 9 of the Law and by making the required notifications.

13.6. U.S. and EU customers. In the services provided by White Label Services, LLC, the rights of access, rectification, erasure, restriction of processing, data portability and objection provided for by the GDPR apply in respect of data subjects resident in the European Union; and the rights to be informed, to erasure, to correction, to opt out of sale/sharing and not to be subject to discrimination under the CCPA/CPRA apply in respect of consumers resident in California. Requests concerning these rights shall be submitted to support@sunucucenter.com.

13.7. Commercial electronic messages. Commercial electronic messages to be sent by the SELLER shall be sent within the framework of Law No. 6563, the Regulation on Commercial Communication and Commercial Electronic Messages and the İYS (Message Management System) rules. Where the recipient is a consumer, the message shall be sent after obtaining prior consent; pursuant to Article 6 of Law No. 6563, commercial electronic messages may be sent to the electronic communication addresses of recipients who are merchants (tacir) or tradesmen (esnaf) without obtaining prior consent. In any event, the BUYER may exercise its right of refusal at any time and free of charge. Notifications relating to the provision of the service, invoices, maintenance and security notices are not in the nature of commercial electronic messages and fall outside the scope of the right of refusal.

13.8. Third-party technologies. On the SELLER’s website and portal, the technologies tawk.to (live chat), Cloudflare (CDN/DNS), Contact Form 7 (contact form), LiteSpeed (caching) and WISECP (client portal) are used. The data processing effects of these technologies and, where applicable, their transfer-abroad consequences are explained in the Privacy Policy and the Cookie Policy.

Article 14 — Limitation of Liability

14.1. The SELLER is obliged to provide the service as defined in the Agreement and its annexes. The SELLER’s liability is, as a rule, limited to direct damages arising from its own fault.

14.2. The SELLER shall not be liable for indirect, incidental and consequential damages such as loss of profit, loss of revenue, loss of business, loss of reputation, failure to obtain anticipated savings, claims of third parties and the like.

14.3. Data loss. As the backup obligation belongs to the BUYER pursuant to Article 10, the SELLER may not be held liable for data loss — except in cases of its own intent or gross negligence.

14.4. The SELLER shall not be liable for damages arising from the BUYER’s own configuration, software or negligence, from its failure to protect its account credentials, from third-party software and add-ons, from the compromise of the BUYER’s server, or from the BUYER’s breach of the Acceptable Use Policy.

14.5. The SELLER’s total liability under this Agreement may not exceed the amount actually paid by the BUYER for the relevant service within the subscription period in which the event giving rise to the damage occurred.

14.6. Reservation of mandatory provisions. Pursuant to Article 115 of the Turkish Code of Obligations No. 6098, agreements that eliminate the SELLER’s liability arising from its intent or gross negligence are absolutely null and void; the limitations in this article shall not apply in respect of such cases. Likewise, these limitations shall not apply in respect of the mandatory provisions laid down in favor of consumers by Law No. 6502 on Consumer Protection and the relevant legislation. The rights of BUYERs having the status of consumer that arise from the law, including their elective rights in respect of defective service, are reserved.

14.7. In the co-location service, the SELLER shall not be liable for the malfunction of the BUYER’s hardware, for warranty-related processes concerning it, or for the software/data on the hardware; the SELLER’s liability is limited to the provision of cabinet, electricity, cooling, network connection and physical security services.

Article 15 — Force Majeure

15.1. Events occurring beyond the control of the Parties that are unforeseeable and unavoidable — natural disasters such as earthquake, flood, fire, storm and the like, epidemic disease, war, mobilisation, acts of terrorism, insurrection, general strike and lockout, nationwide or regional electricity and internet infrastructure outages, outages originating from the backbone operator, decisions of public authorities, changes in legislation, import/export restrictions and large-scale events in the nature of cyber attacks — shall be deemed force majeure.

15.2. In the event of force majeure, the obligations of the affected party shall be suspended for the duration of the force majeure and no default shall arise during that period. The party affected by the force majeure shall notify the other party of the situation and of its estimated duration without delay.

15.3. Where the force majeure event continues beyond a reasonable period in such a way as to prevent the service from being provided in conformity with the Agreement, either of the Parties may terminate the Agreement without paying compensation. In such case, the amount corresponding to the unperformed period shall be refunded to the BUYER.

15.4. Service interruptions occurring due to force majeure shall not be included in the availability calculation set out in Article 9.1.

Article 16 — Term, Renewal and Termination of the Agreement

16.1. The Agreement is formed upon the BUYER’s confirmation of the order in the electronic environment and remains in force throughout the selected subscription period.

16.2. At the end of the subscription period, where the renewal fee is paid within the framework of the provisions of Article 5.4 or where automatic renewal takes effect, the Agreement shall be automatically renewed on the same terms and for a new subscription period.

16.3. Termination by the BUYER. The BUYER may, without stating any reason, bring the Agreement to an end as of the end of the period by creating a cancellation request via the Portal before the current subscription period expires. In terminations made in the middle of a period, the unused portion of the amount paid shall not be refunded — unless there is a situation arising from the SELLER’s fault; the mandatory provisions of the legislation are reserved in respect of consumers.

16.4. Termination by the SELLER. Should the SELLER wish to terminate the Agreement without just cause, it shall give the BUYER written notice a reasonable time in advance and shall refund to the BUYER the amount corresponding to the unperformed period.

16.5. Immediate termination for just cause. In the following cases, the SELLER may terminate the Agreement immediately upon notice:

  • Payment not having been made at the end of the graduated process provided for in Article 5.5,
  • Breach of the acceptable use rules listed in Article 8.3,
  • Use of the service in a manner that threatens the security of the SELLER’s network or of other customers,
  • The BUYER providing untrue, misleading or third-party information,
  • Suspension of the service becoming mandatory by decision of a competent court or administrative authority,
  • The BUYER’s bankruptcy, application for composition with creditors (konkordato) or falling into payment difficulty,
  • Material breach of the obligations arising from the Agreement and failure to remedy the breach within the reasonable period granted.

16.5.1. The BUYER may likewise terminate the Agreement for just cause where the SELLER breaches its material obligations arising from the Agreement and fails to remedy the breach within the reasonable period granted by written notice.

16.6. Closure of the account and deletion of data.

16.6.1. In the event of expiry or termination of the Agreement, the service shall be discontinued; the BUYER’s access to its data shall come to an end.

16.6.2. The BUYER’s data and the backups thereof shall be retained throughout the period expressly indicated to the BUYER in the expiry or termination notice. Within this period, the BUYER may request that its data be delivered to it or be reopened to access, provided that it has no accrued debt.

16.6.3. At the end of the specified period, the data shall be permanently deleted in an irreversible manner. After the deletion process, restoration of the data is not technically possible.

16.6.4. Records whose retention is mandatory under the legislation (traffic data within the scope of Law No. 5651; financial records, contract and invoice documents within the scope of Tax Procedure Law No. 213 and Turkish Commercial Code No. 6102) shall continue to be retained solely for this purpose throughout the periods provided for in the relevant legislation.

16.6.5. In the event that the co-location service comes to an end, the BUYER is obliged to collect its hardware from the data center within the period indicated in the notice to be made by the SELLER. For hardware not collected within this period, the SELLER may claim a storage fee at the tariff previously notified to the BUYER and may exercise its right of retention should the conditions set out in Article 950 et seq. of the Turkish Civil Code No. 4721 materialise.

16.7. The expiry of the Agreement shall not affect the rights and obligations of the Parties that arose before the date of expiry. The provisions concerning confidentiality, intellectual property, limitation of liability and dispute resolution shall remain in force after expiry.

Article 17 — Assignment and Transfer

17.1. The BUYER may not assign or transfer its rights and obligations arising from this Agreement, the service or its account to third parties without the prior written consent of the SELLER.

17.2. In transfers to be effected with the SELLER’s consent, it is required that the transferee accepts the Agreement and its annexes, submits its identity and contact information in full, and that any accrued debt, if any, has been settled. In domain name transfers, the relevant registry rules shall additionally apply.

17.3. The SELLER may transfer its rights and obligations arising from this Agreement to a third party in the events of merger, division, change of legal type, or transfer of the commercial enterprise or a part thereof. In such case, notification shall be made to the BUYER through its registered e-mail address; if the BUYER does not accept the conditions of the transfer, it may terminate the Agreement without paying any indemnity and shall recover the fee corresponding to the unperformed period.

17.4. The SELLER may make use of subcontractors and infrastructure providers for the provision of the service. In cases requiring the processing of personal data, this relationship shall be conducted in the capacity of data processor within the scope of Law No. 6698 on the Protection of Personal Data (KVKK) and shall be based on a written agreement. The use of subcontractors does not eliminate the SELLER’s liability towards the BUYER.

Article 18 — Service of Notices and Notifications

18.1. All notifications between the parties shall be made by sending them to the BUYER’s e-mail address registered in the Portal, or through the support ticket/announcement system in the Portal.

18.2. The BUYER accepts that the e-mail address registered in the Portal is the valid notification address in respect of the contractual notifications within the scope of this Agreement, and that notifications sent to this address shall be deemed to have reached it on the business day following the date of dispatch.

18.3. The BUYER is obliged to keep its e-mail address up to date. Where a change of address is not notified through the Portal, notifications made to the existing registered address shall be deemed valid. The fact that e-mails fall into the BUYER’s junk (spam) folder does not invalidate the notification.

18.4. Notifications to be made to the SELLER shall be made to the address support@sunucucenter.com, to the registered electronic mail (KEP) address pixoof@hs03.kep.tr, or to the office (correspondence and service of notice) address specified in Article 1.1 by registered mail with return receipt or through a notary public.

18.5. With respect to official service of process within the scope of Law No. 7201 on Notification (Tebligat Kanunu), the statutory addresses of the parties and their registered electronic mail (KEP) addresses, if any, shall be taken as the basis; the provisions of this article do not set aside official service procedures and do not limit consumers’ statutory rights in this respect.

Article 19 — Resolution of Disputes and Applicable Law

19.1. Consumer transactions. In cases where the BUYER holds the capacity of a consumer within the meaning of Law No. 6502 on Consumer Protection, in disputes arising from this Agreement, application to the consumer arbitration committees is mandatory in respect of disputes falling below the monetary limit determined for the relevant year. Pursuant to Article 68 of the Law, the application shall be made to the consumer arbitration committee located at the place of the consumer’s domicile or at the place where the consumer transaction was carried out. In disputes exceeding the monetary limit, the Consumer Courts have jurisdiction; consumer actions may also be filed before the court at the place where the consumer’s domicile is located. In places where there is no consumer court, such actions are heard by the Civil Courts of First Instance acting in the capacity of consumer courts. Since the monetary limits are re-determined each year, the limits in force at the time of the application shall be taken as the basis.

19.2. Consumers may also file an application through the Consumer Information System (TÜBİS) of the Ministry of Trade, which is accessible via e-Devlet (the e-Government gateway).

19.3. Merchant transactions. In cases where the BUYER holds the capacity of a merchant, pursuant to Article 17 of Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu), the Courts and Enforcement Offices of İstanbul, being the place where the SELLER’s registered head office is located, shall have jurisdiction over disputes arising from this Agreement. This jurisdiction agreement shall not be effective in respect of BUYERs who are not merchants or public legal entities; in such case, the general rules of jurisdiction shall apply.

19.4. With respect to claims for commercial receivables and indemnity, pursuant to Article 5/A of Law No. 6102, the Turkish Commercial Code (Türk Ticaret Kanunu), having recourse to a mediator in accordance with the provisions of Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu) before filing an action is a procedural prerequisite of the action. In disputes to be heard before the consumer courts, pursuant to Article 73/A of Law No. 6502, recourse to a mediator is a procedural prerequisite of the action, and the exceptions listed in the same article (disputes falling within the scope of authority of the consumer arbitration committee, objections against decisions of the arbitration committee, requests for preliminary injunction and precautionary attachment, and actions arising from rights in rem over immovable property) are reserved.

19.5. Applicable law. With respect to the services provided by Pixoof Teknoloji A.Ş., Turkish law shall apply to this Agreement.

19.6. U.S. operation. White Label Services, LLC is a limited liability company established in the State of Wyoming. In disputes relating to the services provided by White Label Services, LLC, the law of the State of Wyoming shall apply and the competent courts shall be those located in the State of Wyoming. Pursuant to Article 26 of Law No. 5718 and the mandatory provisions of Law No. 6502, this provision does not eliminate the protection afforded to consumers having their habitual residence in Türkiye, nor the possibility of applying to the Turkish consumer authorities.

19.7. The SELLER shall exercise due care in evaluating the complaints submitted by the BUYER through the Portal and in responding within a reasonable time, with a view to resolving disputes without resorting to judicial remedies.

Article 20 — Entry into Force

20.1. This Agreement consists of 20 (twenty) articles and has been mutually accepted and entered into force at the moment when the BUYER, in the course of the order process at https://portal.sunucucenter.com, reads the Agreement and the Preliminary Information Form and approves them in electronic form, and the payment is effected.

20.2. The BUYER accepts and declares that it has read and understood all provisions of the Agreement and accepted them by its free will, and that in particular the provisions of Article 7 (Right of Withdrawal), Article 8 (Obligations of the BUYER), Article 10 (Backup) and Article 14 (Limitation of Liability) have been brought to its attention.

20.3. Pursuant to Article 7 of the Regulation on Distance Contracts, a copy of the Agreement shall be sent, together with the order confirmation, to the BUYER’s registered e-mail address by means of a durable medium and shall be kept accessible at all times through the Portal.

20.4. The SELLER may make updates to this Agreement due to legislative amendments or changes within the scope of the service. The updated text shall be notified to the BUYER through its registered e-mail address a reasonable time before the effective date and shall be published on the website. The update may not produce consequences aggravating the position of the BUYER in respect of the subscription period in force; if the BUYER does not accept the change, it may terminate the Agreement as of the end of the period.

20.5. The invalidity or unenforceability of any provision of the Agreement does not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that is closest to the purpose of the parties.

20.6. The electronic records, log records and Portal records relating to this Agreement constitute evidence within the meaning of Article 193 of Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu). In respect of BUYERs holding the capacity of merchant, these records constitute an evidential agreement (delil sözleşmesi); pursuant to the second paragraph of the said article, they may not be interpreted in a manner that renders the parties’ exercise of their right of proof impossible or extraordinarily difficult. Freedom of evidence is reserved in respect of consumers.