Please wait...
projx digital

POLICIES

An information page where you can review our brand-specific policies and terms of use in accordance with the principles of transparency and trust.

SERVER RENTAL SERVICE AGREEMENT

Entry into force: Enters into force upon the Customer's electronic approval.

ARTICLE 1. PARTIES

1.1. Service Provider

PROJX Digital İnovatif Teknolojiler A.Ş ("PROJX")

  • Address: Abide-i Hürriyet cd. BlackOut Plaza A Blok NO 211/1/64 Şişli - İstanbul - Türkiye
  • Phone: +90 212 325 7300
  • Istanbul Trade Registry No: 487191-5
  • MERSIS No: 0733119868800001
  • Tax Office: Şişli — Tax No: 7331198688
  • E-mail: [email protected]

1.2. Customer

The natural or legal person who purchases and uses the server and additional services provided by PROJX ("Customer").

ARTICLE 2. SUBJECT AND SCOPE

This Agreement governs the terms under which PROJX provides the Customer with server rental (Dedicated/VDS/VPS/similar) and additional services (e.g. IP, backup, managed infrastructure/managed services, security, monitoring, maintenance), and the Customer uses these services.

ARTICLE 3. CONCLUSION AND ENTRY INTO FORCE OF THE AGREEMENT

  • 3.1. Following the Customer's application/order, this Agreement enters into force by wet-ink signature or by electronic approval via the panel.
  • 3.2. The electronic approval can be logged with date-time, IP, device/browser information and the version of the agreement.

ARTICLE 4. GENERAL OBLIGATIONS AND RESPONSIBILITIES

4.1. Communication and notifications

PROJX may issue notifications through the e-mail/phone/address defined by the Customer in the panel and/or through the in-panel notification mechanism. It is the Customer's responsibility to ensure that this information is correct, current and accessible.

4.2. Accuracy of information

The Customer accepts that the information provided to PROJX is correct and up to date, that the e-mail address defined in the panel is the authorised address and that requests made through this address/panel will be considered authorised transactions.

4.3. Provision of the service

PROJX prepares and makes available to the Customer the server and additional services with the specifications stated in the order.

4.4. Third-party infrastructure

PROJX makes its best efforts in the event of failures in data centres, internet service providers and/or third-party infrastructures from which it receives services; however, PROJX cannot be held directly responsible for interruptions/delays beyond its control.

4.5. Server content and software liability

All content, applications, configurations, licences and data on the server, as well as any resulting legal liability, belong to the Customer. Installation, configuration, licence costs and software issues are the Customer's responsibility (unless a "managed service" is separately provided by PROJX).

4.6. Notice of defects/deficiencies

If the Customer believes there is a deficiency/defect in the service, the Customer notifies PROJX within 7 (seven) days. If verified, PROJX may grant additional time equal to the period of deficient service and/or apply a credit to the account.

4.7. Capacity/hardware change requests

If the Customer requests additional capacity and/or hardware changes, the Customer transmits the request to PROJX. After financial/technical evaluation, PROJX notifies the availability of the service and any additional fees within a reasonable time. If the Customer approves, the service/offer is updated.

ARTICLE 5. FEES, PAYMENT, DELAY AND SUSPENSION OF THE SERVICE

  • 5.1. The Customer agrees to pay the service fee and taxes in the indicated amount/term. For foreign-currency items, the CBRT foreign-currency selling rate may be used as a reference in the invoicing process.
  • 5.2. Payment channels: credit card, wire transfer/EFT and the alternative channels announced by PROJX.
  • 5.3. In the event of late or unpaid payments, PROJX reserves the right to suspend/halt the service and to apply late-payment charges/default provisions to the extent permitted by legislation.
  • 5.4. For methods requiring payment notification (in particular wire transfer/EFT), the risks of delay/interruption arising from the Customer's failure to provide notification are the Customer's responsibility.

ARTICLE 6. SERVICE OPERATION, MAINTENANCE AND INTERRUPTIONS

  • 6.1. When planned maintenance work is required, PROJX informs the Customer in advance whenever possible.
  • 6.2. Tools such as internet traffic measurement / monitoring screens may be provided to the extent of technical possibilities.
  • 6.3. Performance issues resulting from the Customer's hardware/software/configuration choices are not the responsibility of PROJX (except where PROJX provides a managed service).

ARTICLE 7. BACKUP, DATA SECURITY AND CUSTOMER OBLIGATIONS

  • 7.1. Backup responsibility is essential: the Customer is obliged to separately take backups of the data in the service to a location other than where the service is received. Data management, maintenance, backup and backup integrity are the Customer's responsibility (unless "Managed Backup" is purchased separately from PROJX).
  • 7.2. The Customer is solely responsible for any data loss arising from failure to take backups.
  • 7.3. The Customer is obliged to take the necessary security measures (updates, access control, password policy, firewall, etc.) on the server and applications.

ARTICLE 8. LAWFUL USE, LAW NO. 5651 AND MISUSE

  • 8.1. The Customer agrees to use the service in accordance with the applicable legislation and not to engage in activities such as spam, malicious software, unauthorised access, attacks, copyright/trademark infringement, fraud/phishing.
  • 8.2. The obligations under Law No. 5651 may vary according to the Customer's role (content/hosting/access provider status, etc.). The Customer is responsible for fulfilling their own legal obligations.
  • 8.3. PROJX may, to the extent technically possible, take measures such as restricting access, halting publication, blocking malicious traffic, and suspending the service in cases of suspected breach, security risk, requests from official authorities or third-party rights-infringement claims.

ARTICLE 9. IP CHANGE, HARDWARE REPLACEMENT AND TECHNICAL REQUIREMENTS

  • 9.1. Due to data centre/infrastructure requirements, an IP change may be required. Where possible, PROJX informs the Customer at least 7 days in advance.
  • 9.2. In cases such as hardware failure/lifecycle, PROJX may replace hardware with hardware of equivalent quality/capacity. If equivalent hardware cannot be sourced, higher-specification hardware may be provided, in which case PROJX may not request an additional fee.

ARTICLE 10. INTELLECTUAL PROPERTY, THIRD-PARTY RIGHTS

  • 10.1. The Customer is liable for any copyright, licence, trademark and other intellectual property infringements that may arise from the Customer's use of content/software/services.
  • 10.2. Any damages that PROJX may suffer in this context shall be indemnified by the Customer.

ARTICLE 11. JUDICIAL / ADMINISTRATIVE REQUESTS

Upon notice/decision/request from the competent authorities, to the extent permitted by legislation, the Customer's content/files may be produced, access restrictions may be applied and/or the service may be restricted. (The Customer is informed where possible; however, in certain cases there may be a prohibition on informing.)

ARTICLE 12. LIMITATION OF LIABILITY

  • 12.1. PROJX is liable, to the extent permitted by legislation, for direct and foreseeable damages caused by its own fault.
  • 12.2. PROJX cannot be held liable for indirect damages such as loss of profit, business interruption, loss of data or loss of reputation (except in cases of intent/gross negligence).
  • 12.3. In any event, PROJX's total liability under this Agreement is limited to the service fee actually paid by the Customer in the last 1 (one) month for the relevant service (intent/gross negligence and mandatory provisions are reserved).

ARTICLE 13. AGREEMENT TERM, RENEWAL, TERMINATION AND DELETION OF DATA

  • 13.1. The term of the Agreement is specified on the order/quotation. Unless the Customer or PROJX terminates, it may be renewed for the same periods.
  • 13.2. If the Customer does not wish to renew, the Customer gives written notice at least 7 days before the end of the period.
  • 13.3. In the event of non-payment or breach of the Agreement, PROJX may suspend the service and/or terminate the Agreement.
  • Following termination/cancellation of the Agreement, PROJX may, for data security purposes, delete the relevant service data within 15 days. The Customer is obliged to complete the data evacuation (export/backup) within this period.

ARTICLE 14. CONFIDENTIALITY

  • 14.1. The parties shall protect the technical, commercial and operational information and customer data of the other party as "Confidential Information"; they shall not disclose this to third parties.
  • 14.2. Confidential Information is kept confidential except for information that has become public and cases where disclosure is legally required (competent authorities).

ARTICLE 15. SANCTIONED COUNTRIES AND COMPLIANCE

The Customer accepts not to engage in operations such as the resale/export/transfer of services to countries/persons/entities subject to sanctions by the Republic of Turkey, the EU and/or relevant authorities, and to comply with the applicable legislation. In case of breach, PROJX may terminate the agreement immediately.

ARTICLE 16. AMENDMENTS

PROJX may make changes to the provisions of the agreement due to technological developments, changes in legislation or operational requirements. Changes are notified to the Customer. If the Customer does not accept them, the Customer may terminate the agreement, without prejudice to obligations that have arisen up to that date.

ARTICLE 17. RESOLUTION OF DISPUTES AND JURISDICTION

In disputes, priority is given to good-faith resolution/settlement. For unresolved disputes, the Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction.

ARTICLE 18. ENTRY INTO FORCE

This Agreement enters into force upon the Customer's electronic approval / wet-ink signature.

projx digital