User Agreement

The agreement on this page will be valid and binding for you from the moment you start using Makdos Bilişim services. If you accept this agreement, you will also accept the terms of the contract and the General Terms of Use, Privacy Policy, Return Terms referred to in the content of the contract. Please read this agreement carefully before you start using our services.



INTRODUCTION
This Site and the Services available on this Site are only available to those who are capable of entering into legally binding contracts under applicable law. By using this Site and the services available on this Site, you hereby represent and warrant that you are; (i) at least eighteen (18) years of age and/or (ii) otherwise have the capacity to enter into legally binding contracts under applicable law.


If you are entering into this Agreement on behalf of any institution with a corporate nature and/or legal personality, you hereby accept, declare and undertake that you have the necessary legal authority to represent and bind such corporate structure in accordance with the terms and conditions contained in this Agreement. In this case, the term "Customer" refers to such corporate structure. If, after your acceptance of this Agreement electronically, it is determined by Makdos Bilişim that you do not have the legal authority to represent and bind the corporate structure in question, you hereby accept and undertake that you know that you will be personally liable for the obligations contained in this Agreement, including but not limited to payment obligations.


All kinds of designs, images, animations, videos, audio files, fonts, logos, logos, codes, codes, drawings, compilations, artworks, interfaces, usernames, information, texts, literary works and all other materials ("Content") uploaded or provided by you to your User Platform or imported to your User Platform by Makdos Bilişim for you, you are the owner of all rights in and to all content copied or uploaded ("User Content"), or that the User Content may be lawfully accessed, imported, copied, used, published, transferred or licensed by you and us or any of our affiliates You confirm that you have all of the necessary authorizations, rights, licenses, consents and permissions to connect.

You further warrant that you have (and will continue to have) full authorization, ownership, licenses, permissions and releases necessary to allow access to any and all websites, web pages and/or other online services of Makdos Bilişim to import, copy, display, upload, transmit and/or otherwise use your User Content.


The User Content is true, accurate, current and authentic, does not infringe any rights of third parties and does not infringe any rights of third parties and may not be uploaded, imported, copied, stored, published or transmitted by you or any visitors or users of your User Platform in the country of residence, You acknowledge and agree that it is not (and shall remain) unlawful in any way for Makdos Bilişim and/or your End Users to access, import, copy, upload, use or possess in connection with the Makdos Bilişim Services.

In addition to the other commitments in the Agreement, you warrant that you have obtained all consents and permissions required under applicable law for the posting, transmission and publication of any personal information and/or any image or depiction of any person, entity or property that is part of the User Content and that you will comply with all applicable laws in this regard, You represent, acknowledge and warrant that you have obtained all consents and permissions required under applicable law for the posting, transmission and publication of any personal information and/or any image or depiction of any person, organization or property that is part of the User Content and that you will comply with all applicable laws in this regard.



Makdos Bilişim shall not be liable for any loss or damage of any kind incurred as a result of reliance on any instruction, notice, document or similar communication that reasonably appears to come from an authorized representative of your corporate structure. In the event of reasonable doubt as to the authenticity of any such instruction, notice, document or communication, Makdos Bilişim may additionally ask you to confirm the authenticity of such information. However, this request for confirmation shall in no way be considered as an obligation of Makdos Bilişim.

Makdos Bilişim may make changes to the Privacy Policy, Return Terms and General Terms of Use in accordance with the applicable legislation. In this case, the changes shall be deemed to have entered into force as of the date of the change on the website.



1- PARTIES

1.1. This contract provides the services specified in the services section of the services section 0611062852800010 mersis number MAKDOS BİLİŞİM TEKNOLOJLERİ SANAYİ TİCARET LTD. ŞTİ. (referred to as "Makdos Bilişim") and the person / institution specified with the details specified in the new customer registration section (referred to as "Customer") between the use of the website operating at https://www.makdos.com (referred to as "Site") and the services to be purchased through this site will be deemed to be signed with the following terms and conditions.


1.2. The Customer accepts that all identity information, including the Turkish Identity Number declared during the establishment phase of this Agreement, is mandatory and prerequisite for the valid establishment of this Agreement. In the event that it is later determined that the identity information of the Customer is incorrect or incomplete, upon the notification to be made by Makdos Bilişim, such inaccuracy or deficiency shall be corrected by the Customer within 2 days. Otherwise, Makdos Bilişim has the right to terminate this agreement immediately for just cause and without compensation or any similar liability. The customer agrees and undertakes to indemnify Makdos Bilişim for any damages arising from inaccuracies or omissions in the said information.


1.3. In the text of this Agreement, Makdos Bilişim and the Customer will be referred to individually as "Party" and jointly as "Parties".


1.4. The parties hereby declare, accept and undertake that the information written in this Agreement is correct.


2- SUBJECT

2.1. This Agreement will regulate the sections that the Customer is allowed to do and not to do in accordance with the information provided by the Customer in the registration process in his transactions, orders, messages he sends on the site, and the fees he will pay to Makdos Bilişim in return for the services he will receive in accordance with his preferences in his orders. These service and transaction descriptions are stated below.

2.2. Membership information is the information entered by the Customer during membership. Since this information will be the basis for the transactions made, it is assumed that the Customer and the member enter this information accurately, completely and correctly. The Customer is responsible for any damages that may occur due to incorrect, incomplete or outdated information. If the information is incorrect, incomplete or outdated, Makdos Bilişim may suspend the service for a period of time to be determined by itself.



3- RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Makdos Bilisim will provide the services that the customer submits as an order upon the customer's request. After receiving the customer's order, Makdos Bilişim will send an Order acceptance message that it accepts the order in whole or in part. Makdos Bilişim will undertake to provide the service specified in the order in question, provided that the fee for the relevant service is collected.


By registering to use the Services or providing his/her information, the Customer authorizes Makdos Bilişim (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or perform other billing transactions) from the payment provider or from the bank account, paypal account or credit card designated by the Customer.


The Customer authorizes Makdos Bilişim or its affiliates to make any inquiry that Makdos Bilişim or its affiliates deem necessary to verify the payment account or financial information designated by the Customer, including obtaining up-to-date payment information from the payment, credit card, paypal account or bank account provider (for example, credit card expiration date or credit card number information) to ensure timely payments.


3.2. Based on the payment plan that the Customer will prefer according to the monthly, annual or payment plan for the period to be mutually determined by the parties, Makdos Bilişim will notify the Customer the total price including VAT for the service after the order is approved. The Customer declares and undertakes that it accepts the total price including VAT to be notified by Makdos Bilişim in advance. Unless the service fees are collected, Makdos Bilişim has no obligation to provide service.


3.3. After the acceptance of the order and approval of the transactions, Makdos Bilişim will send the server information, control panel, ftp, sql and e-mail usernames and passwords to the customer and the service will have started. The responsibility of the relevant accounts and passwords shall be the responsibility of the customer and the customer shall be solely responsible for the damages and losses that may arise in cases where the passwords are not determined at an adequate security level or are easily guessable, these passwords are taken over by someone else, used by unauthorized persons, etc. In this context, the customer does not have any claim against Makdos Bilişim.


3.4. The Customer accepts and undertakes to comply with the instructions and warnings to be given by Makdos Bilişim regarding all matters for which Makdos Bilişim is responsible in accordance with the Law No. 5651 and the relevant legislation. In addition, the Customer declares, accepts and undertakes to comply with any warnings or notices published on the website or sent to him/her by Makdos Bilişim while making use of his/her account. The Customer accepts and undertakes that the services provided by Makdos Bilişim are exclusively the property of Makdos Bilişim and that the intellectual and industrial property rights of all software, programs and content related to the service belong to Makdos Bilişim.

Without limiting the foregoing, the Customer may not copy, reproduce, distribute, market or sell the same or similar services to third parties.


3.5. The customer accepts and undertakes not to access files or programs that he/she does not have the right to access by using the software and programs he/she has within the service. Otherwise, it accepts and undertakes to compensate all kinds of damages incurred by Makdos Bilişim in cash and in full in cases such as damages arising from its fault and the growth of existing damages.


3.6. The customer accepts and undertakes that the taxes, fees and similar obligations that are in force during the use of the server, server hosting, website hosting, domain name or the services it receives or that will enter into force during the contract belong to it and that it will meet them.


3.7. The customer accepts and undertakes that he/she is exclusively responsible for all files, documents and programs hosted within the customer service, for all transactions that he/she will use and benefit from the website and e-mail services, and that all legal and criminal liability that may arise from the illegality of such data, information and statements is exclusively his/her own. No fault can be attributed to Makdos Bilişim due to legal and criminal sanctions that may arise in this regard. In accordance with the Law No. 5651 on the Regulation of Publications on the Internet and the Fight against Crimes Committed through these Publications, Makdos Bilişim is obliged to check whether the content of the pages is illegal and whether it requires responsibility before sending them. does not review, verify, endorse or endorse pages or take any responsibility whatsoever for user-created pages.


3.8. Makdos Bilişim cannot be held responsible for any material or immaterial damages that may arise from the misuse of customer data, data content, all data used in the service it provides. The backup and storage obligations of this data belong exclusively to the customer. Makdos Bilişim is not responsible for any errors, damages and losses that may occur due to interruption or loss of data that may occur in Makdos Bilişim services. Backing up the data is the responsibility of the customer unless otherwise stated in the contract text.


3.9. Makdos Bilişim will carry out the domain name registration procedures ordered and paid by the customer without any problems. The customer is the owner of the domain name registered and paid for with the registration request accepted with the order. Makdos Bilişim will be able to take action on the domain name in line with the customer's requests in this regard. An arrangement, change and transfer requests by the customer on the domain name will be made as soon as possible.


3.10. Makdos Bilişim shall not be responsible for data loss and damages that may occur during the use of software and services obtained from other companies such as control panel, server software that the customer uses. The customer uses these software at his/her own risk.

In addition, the Customer is responsible for 3rd party software to be installed on the server and licensed products to be used. 3. Makdos Bilişim cannot provide software support for 3rd party programs. All licensed products in the server are the responsibility of the Customer.


3.11. The Customer is obliged to back up its own data periodically. Makdos Bilişim is not responsible for any damages that may arise if the Customer neglects or violates the backup obligation. Makdos Bilişim does not perform data recovery and backup operations free of charge for any server for which backup service has not been received (since server information is not provided).

The customer receiving backup service is obliged to keep at least 20% of the space allocated to him in the service he has received. Otherwise, the problem to be experienced in taking backup is not under the responsibility of Makdos Bilişim.

For servers that return from the backup service, the returning server must be approved within maximum 24 hours and if a server is requested temporarily, make sure that all files have been moved or provide the transition to the main server. If approval is not given within 24 hours and/or if the server continues to operate over the backup system, Makdos Bilişim is not responsible for any problems that may occur afterwards.


3.12. It is strictly against the contract to copy, modify, reuse, create derivative works based on, download, adapt, reverse engineer, reverse engineer, try to make similar, move to another server, translate, compile, decompile, decompile or disassemble the Makdos Bilişim website and panel, partially or completely, and publicly exhibit, perform, transmit or distribute any of the aforementioned.


3.13. The Customer may not use any User Content or Licensed Content in a manner that may be deemed defamatory, libelous, obscene, harassing, threatening, inflammatory, abusive, racist, offensive, misleading or fraudulent or that may be deemed to encourage crime or misconduct. It may not otherwise violate the rights of Makdos Bilişim or any third party or present, transmit or display in any other way that disparages or denigrates any person, organization or brand without their prior express consent.


3.14. The Client may not make untrue statements that impersonate another person or entity or make misleading statements about its connection with third parties.


3.15. The intellectual property related to the User Content and all other materials created by the Customer belongs entirely to the Customer, including all kinds of designs, images, animations, videos, audio files, fonts, logos, drawings, compilations, works of art, codes, interfaces, texts and literary works created by the Customer. Makdos Bilişim does not claim ownership rights on the content produced in this way. Makdos Bilişim may access, upload and/or upload the Customer's User Content to its platform, including cloud services and content distribution networks, in order to perform all other appropriate technical operations and/or uses required to make display adjustments, to reproduce for backup purposes, solely and exclusively for the purpose of providing services. can copy it.

3.16. Makdos Bilişim may, if it deems appropriate, provide video services for the management of videos on user Platforms. In this case, the use of video services may require a license. The Client is personally responsible for researching and deciding whether its activity requires a license and obtaining the necessary licenses.


4- CUSTOMER'S RESPONSIBILITIES ARISING FROM LEGISLATION

4.1. The Customer agrees not to publish pornographic or erotic content, and not to engage in any promotion of or participation in games of chance, including but not limited to lottery, toto, betting, and other such games while using the server, domain name, or services provided. The Customer further commits to fulfilling all obligations imposed by relevant national and international legislation, including but not limited to Law No. 5651 on the Regulation of Publications on the Internet and the Fight against Crimes Committed through These Publications, Article 8, as well as other relevant provisions, and the 10th section of the Turkish Penal Code No. 5237, both currently in effect and those that may come into effect during the term of this Agreement. The Customer acknowledges and undertakes that they are solely and unlimitedly responsible for any claims directed against Makdos Bilişim by third parties if the Customer fails to fulfill the obligations specified in the law and regulations, or if they fail to perform their obligations and commitments under this Agreement, or if they engage in activities that constitute a crime. The Customer agrees to make payments to Makdos Bilişim and/or any third party or official institution and organization notified by them, and to compensate Makdos Bilişim for any and all damages suffered, without the need for further notice or judgment, in full, in cash, and without delay.


4.2. The customer also acknowledges and undertakes not to publish content that constitutes a crime under the legal regulations of foreign countries where access is possible. Links to other websites that contain prohibited content within the scope of this article cannot be provided on the Website, and promotion of such websites is prohibited, and download permission cannot be granted. The use of ".exe" files is prohibited on the Website.


4.3. In case of non-compliance with this article, Makdos Bilişim reserves the right to modify, edit, block, and delete the relevant content, as well as to immediately suspend the publication of the Website, remove it from publication, and terminate the Agreement without any obligation for compensation or any other liability.



5- DURATION

5.1. This Agreement commences upon the submission of orders and payment transactions to Makdos Bilişim through the internet, and the parties' specified rights and obligations begin.


5.2. The duration of the Agreement is equal to the payment period chosen by the customer during the order for the respective service.


5.3. Unless the parties have notified that the Agreement will terminate at the end of the term with a notice of 10 business days prior to the expiration of the Agreement, the Agreement shall be extended for the same term and under the same conditions as the previous agreement. (Makdos Bilişim reserves the right to apply changes in fees to the new contract period.)


5.4. During the term of the Agreement or if payment for the service is not made within the new term after the Agreement has expired, Makdos Bilişim may provide the Customer with a period of 2 business days to make the payment. If payment is still not made within the following 2 business days, Makdos Bilişim reserves the legal means to collect the service fees along with any late payment charges until the day when the service is suspended, and all data within it is deleted. The service will be canceled, and it will be made available for sale to new customers.



6- FEES

6.1. The fee to be paid for the services specified in this Agreement is the amount indicated during the order process. An invoice will be issued, including the fee specified upon order acceptance and the total service cost including VAT. The Customer acknowledges and undertakes not to object to the content and amount of the invoice. Following the payment to be made by the Customer, the service activation will occur after the issuance of the invoice.


6.2. Makdos Bilişim reserves the right to make changes to prices and tariffs in the future without prior notice. The Customer agrees, declares, and undertakes in advance to accept any changes that may arise due to these modifications.


6.3. For services not sold in Turkish Lira, the fee will be converted into Turkish Lira at the exchange rate of the central bank's effective selling rate on the invoice date and paid accordingly.


6.4. The Customer is obligated to pay the service fee on the same day as the order via wire transfer/EFT, credit card, or PayPal during the order process or in person to Makdos Bilişim. Loading funds onto a card does not constitute payment. Payment must be made through the means that Makdos Bilişim can collect.


a) In the case of payments via credit card and PayPal, the Customer hereby pre-approves that monthly/3-month/6-month/annual service invoices and interim payment amounts for all services requested by Makdos Bilişim through its website and purchased through this site, as specified in this Agreement, will be charged to the designated credit card/PayPal account.


b) The Customer pre-accepts, declares, and undertakes without the need for separate notice or warning from Makdos Bilişim that the price increase based on the exchange rate for services sold in foreign currency and the collection of this price in Turkish Lira equivalent to the effective selling rate determined by the Central Bank of the Republic of Turkey on the payment date from the credit card will be made.


c) The Customer acknowledges and undertakes that any changes in their credit card and PayPal information and expiration dates, as well as any discrepancies, falsifications, inaccuracies, or errors in such information, are their own responsibility. The Customer agrees not to cancel this standing instruction for payment via credit card or PayPal until the earliest payment date of the first invoice, and in case of cancellation of the relevant credit card or PayPal account or payment instruction, the Customer will immediately notify Makdos Bilişim of the cancellation. In this case, the Parties will jointly determine a different payment method. If the Customer does not notify the cancellation, Makdos Bilişim reserves the right to suspend, terminate, or immediately terminate this Agreement in addition to the right to collect the service fee, and may resort to legal remedies. The Customer shall not initiate legal actions, complaints, administrative sanctions, etc., for any reason related to the entire process that cannot be completed due to non-collection of payment. br>

When Bank Transfer / EFT is selected as the payment method, the payment must be made to Makdos Bilişim's bank account within a maximum of 3 (three) calendar days, and payment notification must be made through the Makdos Bilişim panel with the service number. Upon receipt of the payment notification, Makdos Bilişim will activate the service and inform the Customer. It is mandatory for the Customer to make payment notifications through this panel for Bank Transfer / EFT transactions. Otherwise, Makdos Bilişim shall have no responsibility for any actions related to services whose payment deadlines have passed.

In the case of payments made through Bank Transfer/EFT method, it is necessary to specify the order code in the payment description. All expenses related to payments are the responsibility of the Customer.


6.5. In case of payment delay, Makdos Bilişim reserves the right to issue an overdue or interest invoice.


6.6. Makdos Bilişim will activate the service following the issuance of the invoice to be generated after the payment is made by the Customer. To extend the service period, it is mandatory to pay the fee for the extension period before the end of the current service period. Makdos Bilişim is not obligated to provide reminders or notifications regarding these payments. If the payment for extending the service period is not made by the Customer, this Agreement will automatically terminate upon the expiration of the service period.


6.7. As stated during the order process, there are no refunds for domain/website names, SSL certificates, Control Panels, third-party software, and server services (colocation, dedicated, vps/vds virtual servers).


6.8. In the case of annual upfront payments made by the Customer, any unforeseen cost increase in the cost of the service will be billed to the Customer in a lump sum.


6.9. Membership-related promotions offered by Makdos Bilişim do not apply to the Customer unless otherwise specified on the website or forums, and they are not included in the services covered by this Agreement. If the Customer wishes to benefit from a membership promotion, any orders/applications made for this purpose will not be approved, and if payment has been made, it will either be considered for the existing service or refunded as necessary.



"7- SUSPENSION OR TERMINATION OF THE SERVICE"

7.1. In case of payment issues, problems with authorization in customers who have payment instructions via credit card or PayPal, or due to provisions and clauses related to terms and obligations, Makdos Bilişim reserves the right to suspend all or part of the services provided to the customer, including email, web, and FTP accounts.


7.2. In case of non-payment, access to email, web, and FTP services cannot be provided on behalf of the customer, and email accounts will be blocked, causing incoming emails to be rejected.


7.3. The security of content and files owned by the Customer on the server is the responsibility of our customers. Makdos Bilişim is not responsible in any way for issues that may arise from granting unnecessary permissions to files (chmod 777) or any issues related to your software. Makdos Bilişim is not obliged to correct programming, design, or other errors on the Customer's website.


7.4. The Customer cannot use the services for hacking, cracking, reverse engineering, distributing content such as mp3, mp4, videos, and similar, violating copyright, or having content that violates copyright, or for directing or informing about sites that provide content of the types mentioned in this article.


7.5. The Customer cannot use the provided email accounts for bulk mailing, spam, or sending unsolicited emails.


7.6. Customers using shared services cannot have or run files or software that excessively consume system resources. The maximum CPU and RAM usage per site on the server is 20%. User accounts exceeding this limit will be suspended after the first warning.


7.7. Makdos Bilişim will apply access blocking and content removal requests and decisions from institutions and organizations and/or the Turkish Courts or Public Prosecutors regarding any Customer's site without notifying the Customer. Similarly, if Customer information, payment methods and details, invoices, entry and exit records, etc., documents and information are requested by Law Enforcement Agencies, Prosecutors, and Courts, these details will be shared with the requesting authorities without notifying the Customer. The Customer acknowledges that when registering with Makdos Bilişim, the information used must be truthful and owned by them. In case false information is provided, any resulting damage, including potential damages to third parties, is the responsibility of the Customer. The Customer agrees and undertakes that they are not responsible for any damages arising from the closure of the Customer's site by Makdos Bilişim based on access blocking or content removal decisions from official authorities, and they cannot make any claims.


7.8. The Customer cannot attempt to access unauthorized sections on Makdos Bilişim servers.


7.9. Servers that are subject to DDoS attacks or similar attacks that affect the network and other customers twice in a short period of time will be immediately shut down, and they cannot be reopened for use. The Customer will be informed after the first attack, and the Customer is responsible for cutting off access to the content, program, game, etc., subject to the attack.


7.10. If it is determined that the Customer is applying DDoS attacks or similar attack types from the network they are using, which affects other customers, the server or servers will be immediately shut down, and they cannot be reopened for use.


8- TERMINATION

8.1. If Makdos Bilişim becomes aware that user accounts openly violate the provisions specified in the relevant legislation and contain one or more elements of a crime, or if there are other reasons, such as the Customer not fulfilling their payment obligations, or if Makdos Bilişim believes that it is harmful to its own or its users' business, it may unilaterally terminate this Agreement immediately without any additional obligations. Makdos Bilişim reserves the right to delete unlawful acts and actions without notifying the Customer from the moment it becomes aware of them. Therefore, the Customer cannot hold Makdos Bilişim responsible.


8.2. If the Customer violates any provision of this Agreement, including but not limited to their payment obligations, or fails to fulfill their responsibilities and commitments, or if it is determined that the information provided by the Customer during registration or subsequently updated is not accurate, Makdos Bilişim has the right to unilaterally terminate this Agreement without the need for any warning or notice, if the suspension of the contract lasts for more than 3 (three) days as stated above, without assuming any additional obligations.


8.3. Following termination in this manner, the Customer acknowledges, accepts, and undertakes that regardless of the remaining duration of the service, they cannot request a refund of the last contract fee they have paid, and they agree to pay a penalty of 5 times the prevailing contract fee at the time of termination.


8.4. The Customer has the right to terminate this Agreement before its term with a written notice at least 30 days in advance, provided that they have a valid reason.


8.5. In the event that the Customer terminates the Agreement before the end of the termination period without complying with the notice period and without providing a valid reason, they agree to pay half of the fees to be paid until the end of the Agreement in a lump sum and in advance.


9- CONTACT AND INFORMATION ADDRESSES

9.1. The Customer is responsible for entering accurate contact information such as address, phone number, email, in the Makdos Bilişim system and keeping it up to date.


9.2. The Parties have agreed, declared, and undertaken that the postal addresses specified in the order address will be deemed as their legal residences for any kind of notification arising from this Agreement.


9.3. The Customer's address specified in this Agreement is the legal notification address, and in case of a change in this address and if this change is not notified in writing and through the system to the other party within 7 days, notifications made to the address specified in the Agreement will be deemed valid and in accordance with the procedure. In case of a dispute, the Customer cannot claim that they did not receive or were unaware of the content of notifications sent to this address.


9.4. Makdos Bilişim may send messages, information, notices, payment notifications, account activity statements, account statements to the email address used by the Customer to log in to the Makdos Panel or to the customer panel during the term of the Agreement. The Customer cannot claim that they did not receive or were not aware of the content of these electronic communications, and they agree, accept, and undertake that these communications will be legally considered as served one day after the date they were sent.



10- REFUND CONDITIONS

10.1. There is no refund available for dedicated servers, shared servers, SSL Certificates, licensed products, domain names, websites, and hosting services. A refund may only be issued if the order has not been processed due to Makdos Bilişim's fault, excluding force majeure and/or Customer's fault. For server hosting services, the Customer may choose to discontinue using the services and request a refund before the refund period specified on the Makdos Bilişim homepage and in the Refund Terms annex to this Agreement expires.


10.2. Makdos Bilişim will process the refund within 7 business days after the suspension of the service for which the refund is requested. Refunds for payments made with a credit card will be made through the banking system, and refunds for payments made via PayPal will be made through the PayPal system. Makdos Bilişim is not responsible for any fees, deductions, or exchange rate differences that may occur during the refund process due to banking system procedures.


10.3. If Makdos Bilişim has issued an invoice for the service subject to a refund and has delivered it to the Customer, Makdos Bilişim may request the issuance of a credit note for the same amount during the refund process. If the Customer does not issue the credit note or does not deliver it to Makdos Bilişim, the payment will not be made.


11- DEFAULT IN PAYMENT OF FEES

11.1. If the Customer does not make the payment within 7 days following the application date for the services received, the Customer shall be considered in default. In this case, Makdos Bilişim may issue an exchange rate invoice and, if desired, may demand a monthly late payment interest of 15% from the invoice date. The Customer declares and accepts to pay this late payment interest and exchange rate invoice. However, if the default interest rate specified in the Law on Legal Interest and Default Interest No. 3095 is higher than the interest rate accepted in this article for commercial transactions, the Parties agree that the default interest rate applicable in commercial transactions under the law will be applied.


11.2. In the event Makdos Bilişim initiates legal or execution proceedings for any kind of receivable arising from this Agreement, the Customer declares, accepts, and undertakes to pay a monthly default interest of 15%, a penalty clause equal to 50% of the outstanding debt amount, attorney's fees, and all other legal expenses.


The Customer acknowledges, accepts, and undertakes that Makdos Bilişim is authorized to obtain provisional attachment and injunction orders without providing collateral for the collection of its receivables arising from this Agreement. However, in cases where the courts request collateral, the Customer agrees, declares, and undertakes that they will pay the commissions and all kinds of fees incurred from obtaining collateral letters from banks, and they will not raise any objections on these matters.



12- AUTHORIZED COURTS AND ENFORCEMENT OFFICES

During the implementation of this Agreement, the competent courts and enforcement offices in Istanbul shall have jurisdiction. Consumers also reserve the right to apply to Consumer Arbitration Boards and Consumer Courts separately.



13- PRIVACY POLICY



13.1. Makdos Bilişim commits to keep all information of customers using its services, such as names, addresses, phone numbers, and email addresses confidential and not to share them with anyone except under the conditions mentioned in clause 2, or when requested by law enforcement, courts, and prosecutor's offices, as well as administrative authorities.


13.2. Makdos Bilişim may disclose customer information to judicial authorities if requested by all official Turkish state institutions and organizations, including the Telecommunications Authority, due to its membership obligations and compliance with binding regulations.


13.3. Makdos Bilişim does not store your credit card information. These details are transmitted to the bank only during the payment process using SSL (Secure Connection), and Makdos Bilişim retains the information of the payment confirmation received from the bank.


13.4. Makdos Bilişim may publish the addresses and types of services it provides as references on its website, unless the customer objects. If the customer objects to the publication of their site's address, it will be removed from the reference list.


13.5. Makdos Bilişim provides security through an SSL Certificate provided by Rapid SSL for sections of its website that require secure transactions such as payments and memberships. In addition, it takes all possible software and hardware measures against malicious cyberattacks.


13.6. The Customer agrees not to disclose any information obtained during the performance of the services under this Agreement or through this Agreement, whether considered confidential by Makdos Bilişim or not, to any third parties without the written consent of Makdos Bilişim. The Customer also acknowledges and agrees that they will be liable to compensate Makdos Bilişim for any damages incurred as a result of any breach of this confidentiality principle, immediately and in full, upon Makdos Bilişim's first request.



14- FORCE MAJEURE

14.1. Events or circumstances that are beyond the control and will of the Parties, unforeseeable at the time of this Agreement, and prevent or delay the Parties from fulfilling their obligations under this Agreement, including, but not limited to, war, civil war, acts of terrorism, earthquakes, fires, natural disasters such as floods, shall be considered as force majeure.


14.2. In the event of force majeure, one of the Parties must promptly notify the other Party without delay. When such a situation arises, the Parties will jointly assess and determine the measures to be taken and implement them together. The Parties shall not be held responsible for their inability to fulfill their obligations in full or on time due to force majeure, and if the force majeure situation continues uninterrupted for a period of 30 (thirty) days, this Agreement shall automatically terminate. However, the Parties' accrued rights and claims before termination shall remain valid. If Makdos Bilişim announces force majeure on its website, it shall be deemed to have fulfilled the notification requirement to the other Party.



15- EVIDENCE AGREEMENT

Customer acknowledges that in any disputes arising from this Agreement, all records and books of Makdos Bilişim shall be deemed valid, binding, conclusive, and exclusive evidence. This provision is in accordance with Article 193 of the Turkish Code of Civil Procedure (H.M.K), and it is considered written evidence. No other evidence may be substituted for the evidence mentioned above.



16- MISCELLANEOUS PROVISIONS



16.1. PROHIBITION OF ASSIGNMENT AND TRANSFER

The parties agree that they cannot assign or transfer their rights and obligations under this agreement to any third party in any way. The customer cannot engage in any transaction or agreement on behalf of or on the account of Makdos Bilişim with a third party. Even if there is a transfer or assignment contrary to this provision, both parties' responsibilities will continue.



16.2. SEVERABILITY



This passage states that the headings in this Agreement are for ease of reference only and are not used in the interpretation of the Agreement. Each provision of this Agreement is considered a separate and independent statement or agreement. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, the remaining provisions of this Agreement will not be affected and will remain in force.



16.3. INTELLECTUAL PROPERTY



All kinds of copyrighted materials or any materials that may or may not be registered, including but not limited to works of art, graphics, visuals, website templates and elements, literary works, source and target code, computer code (including HTML), applications, audio, music, video, and other media, designs, animations, interfaces, documentation, their derivatives and versions, the appearance of Makdos Informatics Services, method, product, algorithm, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domain names, customized URLs, trademarks, service marks, trade names, and other descriptive elements related to ownership under any applicable law.

None of the provisions in the contract shall constitute any assignment or waiver in any legal context of Makdos Informatics' Intellectual Property rights.



FINAL PROVISION



This agreement consists of 17 main articles and subheadings, and it has been read, understood, and signed by the parties (Signing is considered to have taken place when the order is sent to Makdos Bilişim online). Makdos Bilişim may, if necessary, add, remove, or make changes to new articles and/or subheadings. The Customer declares and undertakes in advance that they accept these changes.


The Return Policy, General Terms of Use, and Privacy Policy are annexes and integral parts of this agreement. Acceptance of this agreement implies that its annexes have also been read and accepted.