Our general service agreement is related to the service or product purchased.
It explains the general rules that protect our company and our customers.
1- Parties
1.1: Kristalium Digital Services San. provides the services specified in the services section of this contract (referred to as Services). and Tic. Ltd. Ltd. http://www.Kristalium.com – (.com.tr), which belongs to Kristalium, between the company (hereinafter referred to as “Kristalium”) and the person/institution specified with the details specified in the new customer registration section (referred to as “customer”). The use of the website (hereinafter referred to as “site”) operating at the internet addresses (.net .org .gen.tr) and the services to be purchased through this site will be deemed to be signed with the following articles and conditions and general terms of service.
1.2: The parties declare, accept and undertake the accuracy of the information written in this agreement.
2- Subject
2.1: This agreement will regulate the parts that the customer is allowed to do or not to do in line with the information he declared in the registration process in his transactions, orders and messages sent on the site, the fees he will pay to Kristalium for the services he will receive in accordance with his preferences in his orders, and the way these services are used. These service and transaction disclosures are as follows.
2.2: Membership information is the information declared by the customer when becoming a member. Since this information will be used as the basis for the transactions made, it is assumed that the customer / member has entered this information completely and accurately, without any errors.
3- Responsibilities and Customer Obligations
3.1: Kristalium will provide the services ordered by the customer upon request. With the order acceptance message, Kristalium will accept that it has collected the relevant fee and undertake to provide the service specified in the order in question.
3.2: Kristalium will notify you of the fees that the customer must pay according to the customer’s monthly, 3-monthly, 6-monthly, annual or 2-year payment preferences, stating the payment method and the total amount to be deducted during the order with VAT differences.
3.3: After order acceptance and approval of transactions, Kristalium will forward all usernames and passwords related to the service in the customer order detail to the customer and the service will be started. Once the access information for the relevant services is delivered to the customer, it is the customer’s responsibility and the customer will be responsible for any damage or loss that may arise from these issues.
3.4: The customer undertakes to comply with the statements and warnings received by Kristalium within the scope of the service or services received. The customer declares, accepts and undertakes to comply with any warning or notification issued by Kristalium while using its services. The customer cannot distribute or sell the free or unlimited services he has received to third parties, either paid or free of charge and/or with or without limits. In addition to this agreement, “general terms of service” govern the use of the service.
3.5: The customer undertakes not to access files or programs that do not have access rights by using the software and programs it owns within the service, not to create any problems due to such a problem, and to cover the damages in case of problems and problems that may arise.
3.6: The customer accepts and undertakes that he/she will be responsible for any taxes, duties and similar obligations that are in force during the use of the services he receives or that will come into force during the contract.
3.7: The customer accepts and undertakes to bear all legal and criminal liability that may arise from the illegality of such data, information and statements, and that he/she is responsible for all files, documents and programs contained within the customer service, and all transactions that will be used and benefited from the website and e-mail services. It does. Kristalium cannot be held responsible for any problems that may arise in this regard. Kristalium does not review pages before they are posted, nor does it verify, endorse or otherwise take responsibility for user-created pages. Kristalium may terminate user accounts for violating these guidelines or for any other reason or because Kristalium believes that it is harmful to its business or that of any of its users. Kristalium has the right to delete unlawful acts and actions without notifying the customer as soon as it becomes aware of them.
3.8: Kristalium cannot be held responsible in any way for the content of the customer data contained in the service it provides, the incorrect / malicious use of these contents, or any material or moral damages that may arise from the e-mail data sent and received. Backup and storage obligations for all data belong to the customer. Kristalium cannot be held responsible for any errors, material or moral damages that may occur in the event of interruptions in its services or data loss.
3.9: Kristalium will show the necessary care and importance to keep the customer’s backups organized, but cannot be held responsible for any data loss the customer may suffer due to problems that may occur in this regard. The customer is responsible for recording his/her own data regularly.
3.10: Kristalium states the specific terms of use for the products and services it provides on the web page prepared specifically for the product and service. When the customer purchases any of these services, he is deemed to have accepted the terms of that service.
3.11: Kristalium may change the features and prices of the products and services it provides over time. You can keep the prices of services whose costs are directly affected by the exchange rate, such as domain names (registration, renewal and transfer), server licenses (cpanel, directadmin, litespeed, cloudlinux and others), SSL certificates, up to date according to the exchange rate. may be reflected on the resulting invoice.
3.12: The customer is obliged to use the services received in a way that does not harm other users. When detecting such usage, Kristalium may warn the customer and ask for correction or temporarily suspend the service without informing.
3.13: The customer continues his service by accepting that all resources specified as Unlimited in the services he uses are unlimited if he uses them in good faith and in accordance with the general terms of use. In case of excessive use of server resources or misuse of resources, Kristalium may warn the customer and request correction or temporarily suspend the service without informing. Uses other than this purpose are stated in the “general terms of service”.
3.14: Kristalium will carry out the registration process for the domain name ordered by the customer and paid for without any problems. The customer is the owner of the domain name that is registered and paid for with the registration request accepted with the order. In this regard, Kristalium will be able to process the domain name in line with the customer’s demands. The customer will make any edits, changes and transfer requests on the domain name via the control panel as soon as possible.
3.15: Domain name registration, renewal or editing operations are carried out through 3rd party software or manual processes. In case of errors that may arise from such transactions, if the user notices the error or is warned by the main secretary company, the customer is obliged to share these notifications with Kristalium. Otherwise, Kristalium is not responsible for any disruptions, damages or losses that may occur.
3.16: In domain name registration services, the responsibility for changing and correcting whois information, domain name registration password responsibility, and transfer lock responsibility belong to the customer.
3.17: Kristalium has the right to change the terms and prices of domain name registration and transfer services without notice. These regulations may affect the next renewal prices of existing registered domain names. If the customer does not want to renew or wishes to renew through a different company, he/she has the right to act within the framework of the rules set by Icann and Trabis.
3.18: Kristalium suspends domain names for customers who do not complete their domain name renewal processes on time, as of the expiry date. This suspension period varies depending on the time determined by the domain name manufacturer. During this period, the customer who purchased the domain name can renew the domain name by paying the annual renewal fee and regain the right to use it. If the domain name is not renewed within this period, the domain name will fall into the REDEMPTION PERIOD. In this process, the old customer who wants to buy the domain name again can get it back by paying the penalty fee, which is an average of 95 US Dollars + 20% VAT, although the value varies depending on the domain name extension. For domain names that are not taken after the redemption period, the process is now at the discretion of the main secretary company and it is not possible to get the domain name back through Kristalium after this process.
3.19: Domain name services are not a product sold, but a form of service for which the right to use is received for the duration of the fee. Therefore, if the fee for the domain name is not paid within the expiry period, this right may be transferred to another person.
3.20: In cases where mass e-mail sending (spamming), phishing fraud, attacks on internal or external networks, etc. are illegal or will adversely affect Kristalium’s database through the server allocated to the Customer, the services are provided by Kristalium without the need for a further warning. He/she accepts, declares and undertakes that it will be deactivated and that the fees paid up to that date will not be refunded in any way and that he/she may be subject to payment of a penalty equal to the minimum contract price. Within this responsibility, the Customer must comply with the laws of the Republic of Turkey, the regulatory procedures of BTK (Information Technologies and Communication Authority), and the rules set and to be imposed by Kristalium.
4- Duration
4.1: The stated rights and obligations of the parties in this contract begin as soon as the order and payment transactions are transmitted to Kristalium via the Internet.
4.2: The contract period is the payment period selected by the customer during the order for the relevant service.
4.3: If the parties have not warned that the contract will end at the end of the period 10 business days before the end of the contract, the contract will be extended for the duration of the previous contract with the same terms and conditions. (Changes regarding the fee are reserved.)
5- Fee
5.1: The fee to be paid for the services specified in this agreement is the amount specified during the order process. VAT is not included in the prices stated.
5.2: Kristalium reserves the right to make prospective changes to prices and tariffs without prior notice. The customer accepts, declares and undertakes any changes that may occur regarding these changes. The reasons for the change are inflation and exchange rate.
5.3: In case of delay in payment, Kristalium does not apply interest, but reserves the right to do so.
5.4: Kristalium reserves the right to turn off or on the relevant service until the customer completes the payment process.
5.5: As stated during the order, there are no refunds for domain name registration transactions.
6- Suspension
6.1: In case of a problem with payment, Kristalium reserves the right to stop all services provided to the customer.
6.2: Sending mass e-mail via servers is strictly prohibited. As soon as advertising e-mail sending, called SPAM, is detected, the process is stopped and the service is temporarily suspended.
6.3: The security of all software on the server belongs to our customers. Our company is not responsible in any way for any issues that may arise from read and write permissions or similar permissions or related to your software.
6.4: All other terms of use are detailed in the “general terms of service” agreement.
7- Termination
If the customer violates any article of this agreement and does not fulfill its responsibilities and commitments, if it is determined that the information declared during registration is not correct, if the above-mentioned suspension of the agreement continues for more than 7 days, Kristalium may terminate the agreement unilaterally without the need for any warning or notice. has the right to terminate.
After such termination, the customer; It declares, accepts and undertakes to pay commercial punitive damages 5 times the equivalent contract price in effect on the date of termination, and that it cannot claim back the last contract fee it has paid, regardless of the remaining period.
The customer has the right to terminate this contract at the end of its term, without giving any reason, by giving a written warning 10 days before the contract expires or by sending a service cancellation request through the customer control panel.
If the contract is terminated by the customer before the expiration date, the customer declares, accepts and undertakes to pay 1/2 of the fees to be paid until the end of the contract, in lump sum and in advance.
8- Contact and Information Addresses
8.1: The parties accept, declare and undertake that the mailing addresses specified in the order address are their legal residences for all notifications arising from the contract. Unless changes to these addresses are notified to us in writing, the old addresses will be valid.
8.2: During the contract period, Kristalium may send messages, information, letters, warnings, payment notifications, account activity charts and account statements to the e-mail address declared by the customer while registering. The customer cannot claim that the electronic messages in question were not received or did not reach him, and he declares, accepts and undertakes that he will be deemed to have legally notified the said messages 1 day after the date they were sent.
9- Default in Payment of Fee
9.1: If the customer does not make payment for the services received within 7 days following the application date, he is deemed to be in default. In this case, Kristalium does not apply interest, but if it wishes, it may request a monthly delay interest of 15% starting from the invoice date. The customer declares and agrees to pay this delay interest.
9.2: In case Kristalium files a lawsuit or enforcement proceeding for any receivables arising from this agreement, the Customer must pay a monthly delay interest of 15%, a penalty of 50% of the balance debt amount, a 10% attorney’s fee and all other legal expenses. declares, accepts and undertakes.
9.3: If the Customer applies to the legal authorities for Precautionary Seizure and Precautionary Injunction for the collection of his receivables arising from this contract, Kristalium is authorized to take an unsecured Precautionary Seizure and Precautionary Injunction decision, however, if the guarantee is requested by the courts, the commission and all kinds of fees arising from the letters of guarantee to be received from the banks will be charged. declares, accepts and undertakes that it will be paid by them and that they will not raise any objections to these issues.
9.4: If the customer does not make the payment within 5 (five) days despite the warnings, Kristalium reserves the right to suspend the service. Kristalium cannot be held responsible for unpaid, canceled or deleted services.
9.5: Additionally, in physical and virtual server rental services; If payment for service renewal fees is not made and/or collections cannot be made within 2 (two) calendar days following the service end date, the relevant services will be suspended. If payment for service renewal fees is not made and/or collections cannot be made within 10 (ten) days following the service end date, all data regarding the relevant service will be deleted for security reasons and the service will be automatically closed and canceled. Kristalium cannot be held responsible for data loss in canceled services.
10- Validity of the Agreement and Termination of Nonconformity
10.1: Any changes that will occur over time in this agreement, which the customer approved during his online application, will be notified to the customer by publishing it on the website and/or via e-mail. By continuing to use Kristalium’s services, the Customer will be deemed to have accepted the changed contract terms.
10.2: The customer can terminate the contract at any time by notifying the service received until the renewal date specified on the site or by submitting a cancellation request through the customer control panel.
10.3: The contract may be terminated unilaterally by Kristalium without the need for notice for the following reasons.
a. The customer’s transfer, in whole or in part, of the services being received or the rights granted to him/her by this agreement without the written consent of Kristalium.
b. Taking a bankruptcy decision against the customer or suspending their payments
c. The Customer is in default in paying for the services provided by Kristalium, as stipulated in clause 9.1.
D. If the customer violates the terms specified in this agreement or the “general terms of service”, Kristalium may terminate the services provided to the customer and/or terminate the contract without prior notice. In this case, the fees paid by the customer in advance will not be refunded.
11- Dispute Resolution and Competent Court
11.1: This contract consists of 11 main articles and subheadings and has been read, understood and signed by the parties. (Signature is deemed to be completed when the order is sent from the site to Kristalium). Kristalium may add or remove new articles and/or subheadings or make changes to the articles if it deems necessary. Kristalium notifies its customers of these changes by e-mail, and the customer declares and undertakes to accept these changes in advance.
11.2: Izmir Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this agreement.