Table of contents
Article 1 – Parties and subject of the agreement
1.1. This service agreement (the “agreement”) has been entered into, on the terms and conditions set out below, between KUTBU YAZILIM BİLİŞİM TEKNOLOJİ SANAYİ VE TİCARET A.Ş., the service provider (“KUTBU” or “EPOZTA”), and …………………………………… (the “Customer”), the service recipient. 1.2. The subject of the agreement concerns the services of delivering email messages addressed to the domain name the Customer uses for email communication to the Customer's area via EPOZTA's server network, and of sending email messages the Customer sends to the internet, through EPOZTA's server network, to the destinations on the internet they must reach. 1.3. The commercial details of the parties to the agreement are as follows: THE SERVICE PROVIDER, KUTBU: - Trade name: KUTBU YAZILIM BİLİŞİM TEKNOLOJİ SANAYİ VE TİCARET A.Ş. - Address: Küçükbakkalköy Mahallesi, Sonay Sokak, No: 6, Kat: 4, 34750, Ataşehir, İstanbul - Tax identification number: 5990830790 - Tax office: Kozyatağı Tax Office - MERSIS number: 0599083079000001 - Trade registry number: 459195-5 - Registered e-mail (KEP) address: kutbu@hs01.kep.tr - Telephone number: +90 (212) 812 88 48 – +90 (212) 852 88 48 - Email: merhaba@epozta.com THE SERVICE RECIPIENT, THE CUSTOMER: - Name-surname/trade name: - Address: - Identity / tax number: - MERSIS number: - Telephone number: - Email: - Authorised representative: - Bank account details:
Article 2 – Definitions
In the application and interpretation of this agreement; IP Address: means the specially formatted sequence of numbers that addresses the entire network on which the virtual access points used to provide communication on the internet are located, Domain Name (Web Address): means the address information that makes it possible to access published electronic information and seeks to provide access to the virtual record and position where that information is located, Email (Electronic Mail): means the communication method, compliant with the relevant legislation and freedom of communication, that enables the exchange of digital data, messages and mail between computers on the internet, Server Network: means the electronic hardware and products, organised and operated by EPOZTA, used to store, publish and transfer web pages and all kinds of digital information from one address to another on the internet, which, together with the existing wired lines, ensure the uninterrupted availability of web pages on the internet, the modification of recorded information and the publication of all information.
Article 3 – Services
The services to be provided by EPOZTA to the Customer under the agreement consist of: 3.1. Providing space of predetermined capacity within the server network for the incoming and outgoing email messages of the Customer's domain name, and enabling a predetermined number of email addresses to be created on that space, 3.2. Providing the IP addresses and server names required for the Customer's domain name to send and receive electronic messages on EPOZTA's server network, 3.3. Providing a Turkish-language control panel, running on a web address accessible over the internet, that enables the Customer to manage the email addresses of its domain name on the server network within the limits granted to it, 3.4. Scanning emails received by and sent from the Customer for the possibility of containing computer viruses, 3.5. Delivering email messages received by the Customer to the free space allocated to predefined email addresses within the server network, 3.6. Operating the retrieval services required for the Customer to download email messages held on the server network to its own computer system, 3.7. Operating the sending services that enable the Customer to send messages, from its own computer system using the server network, to other email recipients on the internet, 3.8. Sending the messages the Customer sends to other email recipients on the internet, 3.9. Operating the services required for the Customer to access the messages in its email address accounts over the internet via a web page, 3.10. Storing the Customer's email accounts and data, with redundancy, on servers kept within the borders of Türkiye, 3.11. Providing maximum protection against all threats and attacks that may reach the server network over the internet and continuously monitoring the server network system.
Article 4 – Rights and obligations of the customer
4.1. The Customer will begin receiving the email communication services prepared by EPOZTA by obtaining the name and IP address information of the server network and configuring the settings of its own domain name in line with that information. The Customer accepts and declares in advance that EPOZTA is not responsible for problems arising and damages that may occur if the Customer fails to make these configurations or makes them incorrectly. Where the initial configurations need to be changed after the service has started, EPOZTA will inform the Customer at least two business days in advance. 4.2. The Customer accepts, declares and undertakes that the customer right arising from this agreement relates solely to the domain name or names concerning it; that it may not allow others to use, or transfer to others, the use of this right, its user name, user code, password details and all other information; that, even if there is only a suspicion that these have become known to someone else, it will immediately notify EPOZTA and change them; that otherwise it will be responsible for all transactions carried out; and that it will not claim that it did not carry them out itself. The Customer further accepts and declares that it may benefit from the services subject to this agreement only under its trade name registered in the trade registry. 4.3. The Customer accepts and declares in advance that it is solely and entirely responsible for the content of the information contained in messages passing through the server network under its own domain name by means of email communication; that all criminal and legal liability arising from such information belongs to it; that EPOZTA cannot be held responsible in any way for such information; and that, upon detecting such a situation, EPOZTA has the right to suspend the service provided and to terminate the agreement unilaterally with immediate effect. 4.4. The Customer may not, on any platform on the internet, send any malicious bulk promotions or bulk emails for commercial promotion purposes, nor engage in similar activities. It may not send messages containing insults, pornography or other illegal content contrary to public morals and understanding. All responsibility in these and similar matters belongs to the Customer. 4.5. The Customer may in no way hold KUTBU responsible for information lost, received incompletely or transmitted incompletely during internet traffic, or for the accuracy, validity or currency of information that it receives or sends over the internet. The Customer accepts and declares that it is aware that information provided in email communication on the internet may be erroneous or incomplete, or that some content may be intended for persons over 18 years of age. 4.6. The Customer accepts and undertakes by this agreement that, while using the email services subject to the agreement, it will not violate the provisions of the Turkish Penal Code, the Turkish Commercial Code, Personal Data Protection Law No. 6698, the Law on Intellectual and Artistic Works and other relevant legislation, or the trademark and patent rights of third parties, and that otherwise all resulting liability will belong to it. 4.7. The Customer accepts that EPOZTA is not responsible for faults and disruptions in the communication lines of telecommunications infrastructure and service providers, or in other service providers and data centres from which EPOZTA receives services, during the service received from KUTBU, nor for faults caused by the hardware used for access, and that it may not claim any right or compensation from KUTBU in respect of any resulting damages. 4.8. EPOZTA makes every effort, to the best of its ability, to block and stop attacks that may reach the Customer from the internet through the email communication services. The Customer accepts and declares that it may in no way hold KUTBU responsible for such attacks or their consequences. 4.9. The Customer is itself responsible for message delivery errors caused by its email storage space, provided with a predetermined capacity, being full or by the size of a message to be delivered not fitting into the remaining free space. The Customer is obliged to monitor its email account capacities and to prevent errors that may arise for this reason. Backing up and keeping all messages, documents and other digital content in the email accounts is the Customer's responsibility. The Customer accepts and declares that it may in no way hold KUTBU responsible for loss of information or its consequences. 4.10. Since the person or persons who will benefit from the services under this Agreement will be determined by the Customer itself and this matter will be entirely an internal affair of the Customer, the Customer may never object to EPOZTA on the grounds that its obligations and debts under this agreement belong to an unauthorised employee. 4.11. The Customer accepts, declares and undertakes that the information it has provided under the heading “The service recipient, the Customer” in Article 1.3 of this agreement is accurate. 4.12. The Customer will designate the persons specified in ANNEX-1 to be contacted on technical, administrative and financial matters. These persons will be deemed authorised to make decisions and take actions on behalf of the Customer within the framework of the agreement. 4.13. The Customer accepts and declares in advance that EPOZTA is not responsible for damages that may arise if the services provided to the Customer are interrupted due to the physical relocation (evacuation) of servers from one data centre to another location, problems occurring in hardware or applications, or faults that may occur in the communication infrastructure. 4.14. All taxes, duties and fees arising from this agreement and its performance, as well as financial obligations such as taxes, funds and fees that may be introduced in the future, will be paid by the Customer, regardless of which party they fall upon. 4.15. The Customer accepts and declares in advance that, whether for technical reasons or due to damage it may cause to the technical infrastructure for any other reason, EPOZTA may suspend the service provided to it under this agreement temporarily or terminate it completely; that EPOZTA will bear no liability for this; and that it will not claim any right or receivable from KUTBU on account of such suspensions.
Article 5 – Obligations of KUTBU
5.1. EPOZTA will put into operation the services required for the Customer to receive the service within 2 (two) business days after the agreement is signed. EPOZTA will deliver all public and confidential information required for the Customer to make the necessary settings. EPOZTA is responsible for remedying all disruptions arising during operation, for carrying out all updates on the server network, and for all hardware and software operated on the server network. 5.2. Except for problems beyond its own will and control, EPOZTA will make the email service platform accessible to the Customer 99.9% of the time throughout the service period. If the downtime ratio exceeds 0.1% during the service period, the Customer may, at the end of the service period, request the amount of the service fee corresponding to that time as a credit to be used in the next service period.
Article 6 – Service fee and payment terms
6.1. The service fee is specified in ANNEX-1, which is an annex to the agreement. The first invoice is issued on the date the agreement is signed. Invoices are sent to the Customer within 10 (ten) days following their issue date; if the Customer has not received its invoices within this period, it shall notify EPOZTA immediately and in writing. 6.2. The Customer will pay the fee for the service specified in ANNEX-1 against a fixed-price invoice to be issued in the relevant service period. For products without a fixed quota, any additional fee arising from exceeding the usage quota specified in ANNEX-1 will be invoiced the following month in accordance with the service period. 6.3. If the Customer does not pay the amount owed in cash into EPOZTA's account by the end of the period stated on the invoice or, if no period is stated, within 15 days of the invoice date, default interest at a monthly rate of 4% (four percent) will be applied to the debt from the due date, without the need for any further warning or notice. In this case, EPOZTA may close the system through which it provides the service to the Customer and immediately initiate legal proceedings for its receivables. 6.4. During agreement renewal periods, if the service fee is not paid into EPOZTA's account by the payment due date stated on the invoice or, if no date is stated, within 15 days of the invoice date, EPOZTA will apply default interest at a monthly rate of 4% (four percent) to the debt from the due date, without the need for any further warning or notice. In this case, EPOZTA may terminate the services it provides to the Customer and initiate legal proceedings against the Customer. 6.5. If the service fees are set in US Dollars, they will be invoiced after conversion into Turkish Lira at the Central Bank of the Republic of Türkiye foreign exchange selling rate on the invoice date. 6.6. In the event of a delay in the relevant payment, EPOZTA reserves the right to issue an exchange rate difference invoice. 6.7. Failure to exercise the rights listed in this article within their time limits shall not mean that these rights have been waived.
Article 7 – Termination of the agreement
7.1. If one of the parties fails to fulfil, or fulfils incompletely, any of its debts and undertakings arising from this agreement on time, or does not comply with its obligations, the other party has the right to terminate the agreement unilaterally if the deficiencies that are the subject of a warning are not remedied, provided that it has issued a warning in this regard. However, the Customer's notice of termination will only be valid if it pays all of its debts to EPOZTA. Circumstances giving rise to the parties' right of immediate termination are reserved. 7.2. The Customer will also be the addressee of claims directed at EPOZTA by third parties due to the Customer's failure to comply with its obligations in relation to the performance of this agreement. 7.3. If the Customer wishes to terminate the agreement after signing it and paying the service fee, the amounts previously paid will not be refunded to it, and the debts for the remaining period at the time of termination will become due and payable in advance. 7.4. If the Customer breaches its obligations set out in this agreement, EPOZTA has the authority to close or suspend the relevant system.
Article 8 – Term and entry into force of the agreement
8.1. This agreement enters into force on the date the Customer accepts it electronically (through an order, quote approval or KUTBU ID) or on the date the parties sign it, and remains in force for the period specified in ANNEX-1. 8.2. Unless one of the parties notifies the other in writing, 30 (thirty) days before the end of this period, that it is terminating the agreement, this agreement will automatically renew for successive one-year periods (without prejudice to the parties' termination rights set out in Article 7), with the price tariffs in force on the renewal date being applied. Any time during which the system specified in this agreement is suspended is included in the term of the agreement. The Customer agrees not to request any additional time.
Article 9 – Force majeure
9.1. In the event of force majeure in the performance of any obligation set out in this agreement, occurring beyond the control of the parties, the occurrence and possible consequences of which could not be foreseen on the date the agreement was signed, and the prevention of which is not within the control of the parties — such as natural disasters, war, occupation, acts of foreign powers or enemies (whether or not war is declared), civil war, uprising, revolution, rebellion, insurrection, laws, rules, regulations or orders issued by official institutions or other duly authorised authorities, strikes, lockouts and the like — the parties will not be held responsible for failing to fulfil those obligations to the extent that they are affected by such circumstances. The purely economic effects of epidemics shall not be deemed force majeure between the parties. 9.2. In the event of force majeure, the party affected by it will notify the other party of the situation, and the parties will reach an agreement on the urgent measures to be taken. 9.3. If the force majeure situation continues for 2 (two) months, the parties will meet and negotiate the continuation, suspension or termination of this agreement. 9.4. If the force majeure situation continues for a further 1 (one) month after these 2 (two) months and no agreement is reached between the Parties, either Party may terminate this agreement. In this case, the Parties will not make any claim against each other in respect of the part of the agreement not performed due to force majeure.
Article 10 – Miscellaneous provisions
10.1. The addresses of the parties shown in this agreement are accepted as their legal domiciles, and notifications made to these addresses will be deemed valid. The parties will immediately notify each other when the legal and email addresses specified in the agreement change. Where a change of address has not been notified to the other party in writing, all notifications and notices made to the written addresses will be deemed valid. 10.2. Upon this agreement being signed and becoming valid, the parties accept and declare that they will communicate with each other through the contact details above and that, where mutual approval (confirmation) is given, amendments to the agreement made via email addresses will be valid. Notices and warnings between the parties concerning the end of the agreement, namely termination of or withdrawal from the agreement, shall be made through a notary public or by registered mail with return receipt. Other notices, warnings, objections and similar declarations, invoices, documents showing account movements, confirmation letters and meeting invitations may be drawn up, sent and objected to electronically, and take effect if accepted. 10.3. The Customer accepts, declares and undertakes that, in disputes that may arise from this agreement, EPOZTA's book records and computer records, in particular the messages sent by EPOZTA by email and the computer records of the work it has carried out in the internet environment provided by EPOZTA, will constitute valid, binding, conclusive and exclusive evidence, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100. 10.4. Under this agreement, the parties will treat as trade secrets and confidential all matters they become aware of in pre-contractual negotiations, while the agreement is in force and after the agreement, including but not limited to the other party's personal or corporate information, services, production, financial situation, technical information and the like, and, except where the other party gives written permission, will not share this information with third persons or organisations, even after this agreement has ended. The Customer accepts and undertakes that it will keep confidential the software and the facilities in other areas provided by EPOZTA and all information it obtains on EPOZTA's server network, that it will not disclose them to third parties in any way, and that, if it acts to the contrary, it will pay all material and non-material damages EPOZTA may suffer upon the first written request. 10.5. All legal expenses, taxes and fees arising from this agreement will be paid by the Customer. 10.6. In disputes arising between the parties, the provisions of the Turkish Code of Obligations, the Turkish Commercial Code and the relevant legislation apply to matters not regulated in this agreement. 10.7. Any dispute that may arise from the performance and/or interpretation of the agreement will first be sought to be resolved between the parties through mediation; if this is not possible, the İstanbul Anatolian (Anadolu) Courts and Enforcement Offices will have jurisdiction over all lawsuits and enforcement proceedings arising from this agreement. 10.8. This agreement consists of 10 (ten) main articles and ANNEX-1; it has been drawn up as a result of the parties reaching full agreement and has been accepted electronically or signed.
Annex-1
Capacity, content, duration, fee and contact details of the service to be provided.
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