USER SERVICE AGREEMENT
(GENERAL TERMS OF SERVICE)

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
E-mail: [email protected]
Web: www.projx.com.tr ("Site")

1.2. Customer:

The natural or legal person who creates a new customer record via the Site and/or purchases products/services through the Site ("CUSTOMER" or "You").

1.3. Acceptance:

This agreement ("Agreement") shall be deemed to have been concluded upon the CUSTOMER's electronic approval of the agreement via the Site and/or placing of a service order. The CUSTOMER declares that they have read, understood and accepted the corporate policies/procedures incorporated by reference to this Agreement on the Site (SLA, KVKK privacy notices, acceptable use rules, domain abuse notification, special terms of the relevant product, etc.).

2) Subject Matter, Scope and Definitions

2.1. Subject Matter:

This Agreement governs the rights and obligations of the parties in relation to the use of the Site and the services purchased/provided through the Site.

2.2. Scope (including but not limited to):

• Domain name registration/renewal/transfer transactions and DNS management
• Web hosting, server services, managed infrastructure
• E-mail hosting (mail hosting) and related services
• SSL certificates and similar security/additional services
• Managed services such as maintenance, monitoring, security hardening and backup
• Other products/services listed on the Site and their specific terms

2.3. Product/Service Specific Terms:

Certain services may also have separate "Product Specific Terms". In case of conflict, the relevant product specific terms shall prevail.

3) Ordering, Activation, Account Security

3.1. Ordering and acceptance:

The placement of an order by the CUSTOMER does not, by itself, bind PROJX. PROJX shall be deemed to have accepted the order upon receipt of payment and/or activation of the service.

3.2. Identity and contact verification:

PROJX may require information such as e-mail/phone for security, notification and legal obligation purposes, may request verification (code/link) and may not start the service until verification is completed.

3.3. Account security:

The confidentiality of usernames/passwords, API keys and all access information belongs to the CUSTOMER. All transactions made through the CUSTOMER's account are deemed to have been made by the CUSTOMER.

4) General Obligations of the CUSTOMER

4.1. Lawful use:

The CUSTOMER accepts to use the services in accordance with the applicable legislation, public order and general morality, and not to infringe the rights of third parties.

4.2. Content responsibility:

The CUSTOMER is solely responsible for any content that is hosted/transmitted (web, e-mail, files, data, software, etc.).

4.3. Prohibition of unauthorised access and misuse:

The CUSTOMER undertakes not to access systems for which they have no authority, not to exploit security vulnerabilities, not to host/distribute malicious software, and not to facilitate phishing/fraud activities.

4.4. Fair use of resources:

The term "Unlimited" applies to good-faith and general use scenarios. In cases such as excessive CPU/RAM/disk/network consumption, use that affects other customers, or bulk e-mail/spam behaviour, PROJX may apply warnings, restrictions and suspension.

4.5. Backup:

Unless otherwise stated in the product specific terms, the final backup and archiving responsibility lies with the CUSTOMER. The backup/restore mechanisms provided by PROJX are on a "best-effort" basis.

4.6. Taxes/duties:

All taxes, duties and similar financial obligations relating to the services are borne by the party to whom they are attributed by law.

5) PROJX's Obligations and Service Level

5.1. Provision of the service:

PROJX provides the services for which it has accepted the order, with the scope and technical limits specified in the product specific terms.

5.2. Interruptions / maintenance:

Interruptions may occur in services due to scheduled maintenance, updates, infrastructure failures, telecom outages, attacks, etc. PROJX aims to provide continuity with reasonable effort; however, an uninterrupted service commitment is valid only if expressly stated in the SLA document.

6) Fees, Invoicing and Payment

6.1. Fees:

Service fees and taxes are indicated on the order screen. Fees are, as a rule, collected in advance.

6.2. Automatic renewal (if any):

For services with automatic renewal selected, charges may be made via the saved payment method at the price in force in the renewal period. The CUSTOMER accepts that renewal may take place unless the CUSTOMER disables automatic renewal in their account.

6.3. Payment delay:

In the event payment cannot be collected, PROJX has the right to halt the service, restrict access, suspend and, after a certain period, delete the data. The CUSTOMER is responsible for the risk of data loss.

6.4. Refund policy:

Refund/cancellation conditions are applied as specified in the product specific terms of the relevant service and in the refund/cancellation policy on the Site. (For example, provisions such as renewal payments being non-refundable may be set on a product basis.)

6.5. Price change:

PROJX may change prices due to cost increases, inflation, supplier prices, legislation, etc. Changes are, where possible, announced reasonably in advance; the CUSTOMER accepts that the prices in force at the renewal period will apply.

7) Suspension and Emergency Intervention

7.1. Reasons for suspension (examples):

• Payment issues / failure to collect
• Security risk, misuse, spam, phishing, malware suspicion
• Requests from legal authorities or mandatory intervention under legislation
• Misuse of system resources / impact on other customers

7.2. Emergency cases:

In critical security and abuse cases, PROJX may apply restrictions without prior notice; information is provided afterwards (where possible).

8) Term and Termination of the Agreement

8.1. Framework agreement:

This Agreement is of a framework nature and remains in force as long as the CUSTOMER's account remains open.

8.2. Service term:

The term of each service is the period selected in the order (monthly/annually, etc.). If renewal is not made, the service may be halted at the end of the service term.

8.3. Termination by the CUSTOMER:

The CUSTOMER may terminate the services by cancelling/not renewing them via their account. Fee refunds are subject to the product specific terms.

8.4. Termination by PROJX:

If the CUSTOMER breaches the Agreement, the acceptable use rules or the legislation, PROJX may suspend the service or terminate the Agreement. In case of termination, refund conditions are subject to the product specific terms.

9) Limitation of Liability

9.1. Upper limit:

PROJX's total liability under this Agreement is limited to the service fees actually paid by the CUSTOMER for the relevant service in the last 12 months.

9.2. Indirect damages:

PROJX is not liable for indirect/unforeseeable damages such as loss of profit, loss of business, loss of reputation, loss of data, or loss of opportunity (mandatory legal provisions are reserved).

9.3. Exceptions:

Cases of intent/gross negligence, fraud, fraudulent misrepresentation and liability that cannot be legally limited are excluded.

10) Personal Data Protection (KVKK)

10.1. Compliance:

The parties accept to process personal data in accordance with the KVKK and secondary legislation.

10.2. Privacy notice and explicit consent:

Where the CUSTOMER transfers personal data to PROJX, the CUSTOMER is obliged to fulfil their obligations to inform the relevant individuals and, where required, to obtain explicit consent.

10.3. Third parties and cross-border transfer:

Service providers/infrastructure partners may be used for the performance of the service. In cases requiring cross-border transfer, the conditions required by legislation are observed.

10.4. Breach notification:

The parties shall inform each other within a reasonable period upon suspicion of a data breach and shall cooperate to mitigate damages.

11) Acceptable Use and Conduct Rules (AUP)

The following content/actions are strictly prohibited (including but not limited to):

• Phishing, fraud, distribution of malicious software, botnet activities
• Unauthorised access, password cracking, exploitation of vulnerabilities
• Spam/junk e-mail, mail bombing, spoofing/impersonation
• Hate speech, threats, harassment, incitement to violence
• Copyright/trademark/patent infringement; distribution of pirated software
• Promotion of illegal goods/services, breach of gambling/betting prohibitions
• Unlawful processing of personal data of third parties
• Resource consumption that affects the services of other customers

In case of suspected breach, PROJX may take the necessary actions including restricting access, removing content, suspension, termination and notification to legal authorities.

12) Specific Provisions for Domain Services

12.1. A domain is a right of use, not a "sale":

The domain service is a service granting a right of use for the period for which the fee is paid.

12.2. ICANN / Registry / Registrar rules:

Domain operations are subject to the rules of the registry/registrar of the relevant extension and to ICANN policies. The rules may change over time; the CUSTOMER accepts these changes.

12.3. WHOIS/RDDS accuracy:

The accuracy of the registration data is the responsibility of the CUSTOMER. The domain may be suspended due to unverified/incorrect data; supporting documents may be requested.

12.4. Expiry, suspension and redemption:

In the event of non-renewal, the domain may, depending on the procedures of the relevant extension, be suspended, redirected to a park page, enter the "redemption" period and additional recovery fees may arise. Processes vary by extension.

12.5. Disputes (UDRP, etc.):

In extensions such as .com, .net, .org, dispute resolution may proceed through mechanisms such as UDRP. PROJX complies with the relevant procedures.

12.6. Domain Abuse:

Misuse notifications are handled according to PROJX's "Domain Abuse Notification and Review Procedure"; where necessary, coordination with the relevant authorities is provided for suspension/termination.

13) Specific Provisions for E-mail Services

For the use of e-mail hosting, details such as sending limits, attachment size limits, suspension/deletion of accounts inactive for long periods, pool usage restrictions and actions in spam/phishing situations are applied as set out in the "PROJX E-Mail Hosting Agreement" and in the relevant product specific terms.

14) Force Majeure

Events such as internet/electricity/telecoms failures, large-scale cyber attacks, natural disasters, war, terrorism, strikes, pandemics, etc. are considered force majeure. The party affected by force majeure is not liable for failure to fulfil its obligation due to that reason; the period is extended by the duration of the force majeure event. In the event of uninterrupted force majeure exceeding one month, the parties may give notice of termination.

15) Disputes and Jurisdiction

The Istanbul Central Courts and Enforcement Offices have jurisdiction in disputes arising from the application of this Agreement. (Mandatory jurisdiction arising from consumer legislation in consumer transactions is reserved.)

16) Final Provisions

16.1. Amendment:

PROJX may amend the Agreement and the policies; amendments are published on the Site. The CUSTOMER's continued use of the services means acceptance of the current texts.

16.2. Severability:

The invalidity of any provision does not affect the other provisions.

16.3. Notifications:

The e-mail addresses defined in the parties' accounts are the channel for notifications. The CUSTOMER is obliged to keep contact information up to date.

APPENDICES / DOCUMENTS INCORPORATED BY REFERENCE

• General Terms of Service / Acceptable Use Policy (AUP)
• KVKK Privacy Notice and, if necessary, Data Processing/Sharing addenda
• SLA (Service Level)
• Domain Abuse Notification and Review Procedure
• Product/Service specific terms (Mail Hosting, Domain, SSL, Hosting, etc.)