General Service Agreement
SERVICE PROVIDER AND PARTIES
This agreement is entered into between DexDC Internet Services (hereinafter referred to as "DexDC") and customers who purchase services provided by DexDC (hereinafter referred to as "CUSTOMER").
Company Number: 14167020 YAGLOM LABS LTD Address: 71-75 Shelton Street, Covent Garden, WC2H 9JQ London/UNITED KINGDOM
OBJECT OF THE AGREEMENT
The subject of this agreement is to determine the mutual rights and obligations of the parties in accordance with the Law on Consumer Protection and the Regulation on Distance Contracts and all other legal regulations and practices regarding the purchase/sale of services and products specified below, which the Customer orders electronically from DexDC's website.
Following the virtual signing/acceptance/approval of the agreement, the Customer, by participating in the signing/acceptance/approval of this agreement, acknowledges and undertakes to read and understand the agreement, as well as the Service Usage Terms, which are an integral and indivisible part of this agreement, and to comply with all the provisions and terms of this agreement, including any additional or different records, conditions, and policies, including updates and regulations that DexDC may make on its website from time to time.
DURATION OF THE AGREEMENT
This agreement is valid for the duration of the service commitment letter to be attached to the agreement. If no service commitment letter is attached to the agreement, the agreement is valid for one payment period, and unless one party notifies the other, it will continue for another payment period.
PRODUCTS SUBJECT TO THE AGREEMENT
The service mentioned in the agreement is the server(s) sent by the CUSTOMER to DexDC's data center for use or the service(s) such as rented server, virtual server, hosting, and other services owned by DexDC, with the specified characteristics mentioned in the agreement and the sales price determined through DexDC's website or provided to the CUSTOMER via email. The CUSTOMER acknowledges and declares that they are aware of the basic characteristics of the service subject to the sale, sales price, payment method, delivery conditions, etc., all preliminary information regarding the service subject to the sale, and the right of withdrawal, that they have read and confirmed this preliminary information electronically, and subsequently placed the order for the product in accordance with the provisions of this agreement.
By confirming the preliminary information electronically, the CUSTOMER confirms that they have obtained the address, basic characteristics of the ordered products and services, the price including taxes in USD, and payment and delivery information correctly and completely before the conclusion of distance contracts.
RESPONSIBILITIES OF DexDC
DexDC will provide the services requested by customers as ordered if payment is made in advance. DexDC is not obligated to provide services for orders that are not prepaid or canceled in the bank records.
After accepting the order and confirming the transactions, DexDC will send all information and passwords related to the service specified in the customer order details via email, and the service will commence. The responsibility for the respective accounts and passwords lies with the customer, and the customer is also responsible for any damages or losses arising from these matters.
DexDC will receive technical questions from customers in writing through the website www.DexDC.com and provide written responses within the scope of the service. The scope of technical support is limited to the provided service; the operating system and software installed by the customer on this operating system are beyond the scope of technical support. If the customer has not entered into a SERVICE LEVEL AGREEMENT, DexDC will not provide technical support in these matters. The customer must comply with the technical support terms specified in the terms of service.
DexDC is not responsible for any interruptions caused by backbone companies, server failures, data centers, or customer errors, or any other force majeure circumstances, related to the provided service.
DexDC is not responsible for any issues that may occur in DexDC's services due to reasons related to access providers and their data centers.
DexDC reserves the right to make changes to the content and limitations of the service packages it offers.
Under this agreement, the personal data directly related to the establishment of the contract and its performance may be processed in accordance with the Personal Data Protection Law. In this regard, the customer's identification number, name, surname, email address, and address are collected. If the customer is a legal entity, the tax office and tax number information is also obtained. These data are necessary for the establishment and performance of the contract, and by signing the contract, the customer agrees to the processing and secure transmission of this data.
Furthermore, the customer has rights under the relevant law, including the right to learn whether personal data concerning them are being processed, to request detailed information regarding the processing of personal data after being examined by "top management," to learn the purpose of the processing of personal data and whether they are used in line with that purpose, to know the third parties to whom personal data are transferred domestically or internationally, to request the correction of incomplete or inaccurate personal data, to request the erasure or destruction of personal data, to request that the operations carried out be notified to third parties to whom personal data have been transferred, to object to any negative consequences that may arise as a result of the analysis of personal data solely through automated systems, and to request the rectification of damages in case of suffering harm due to the unlawful processing of personal data.
The customer acknowledges and agrees that their contact information will only be shared with official authorities and, if requested for the purpose of an investigation or prosecution, and gives their consent in advance. Additionally, in cases where DexDC is not a hosting provider or does not have the ability to intervene in the content, DexDC will perform the "IP address blocking" process as per the court order. The customer acknowledges in advance that even if it is not related to them, the blocking of the IP address as a result of a court order may also result in the blocking of their access, and they accept that DexDC is not responsible in such cases.
The customer must request the service by creating a customer registration electronically through the website www.DexDC.com and accepting the written offer sent by DexDC. The customer must make the payment for the desired service in advance. Invoices are created based on the type of service, either monthly, quarterly, semi-annually, or annually, upon the customer's request. The day the service starts to be used is the recurring payment due date.
The customer agrees and undertakes to use the purchased service in accordance with the TERMS OF SERVICE available on the website www.DexDC.com.
The customer obtains the necessary passwords from DexDC for managing the purchased service, manages the service themselves, and is therefore responsible for ensuring its security. The customer acknowledges that they are personally responsible for all transactions they perform under the defined "Primary User" or "user-defined" username.
The customer undertakes not to send messages that are considered illegal under criminal law or any relevant laws. Furthermore, no written, verbal, or visual content or material presented on DexDC servers can be in violation of the law. In case of any contrary actions, the customer shall be solely responsible for any present and future material and moral damages. Additionally, the parties shall not engage in any behavior that may harm each other's commercial reputation and integrity. The customer's purchase of services from DexDC does not grant the customer any rights related to DexDC's intellectual and industrial property rights, trade secrets, company's internal workings, or the content of the services provided. The customer acknowledges, declares, and undertakes in advance that they do not have the possibility to share any information obtained through the provided service with third parties, whether in written or oral form, without the explicit and written consent of DexDC.
The installation of information, documents, and software, the configuration of licenses, and the use of software in the service, as well as any problems arising from these details, are the responsibility of the customers, and DexDC cannot be held liable under any circumstances for any such issues.
In the event of administrative, legal, or criminal proceedings being initiated against DexDC due to content published by third parties or by the customer or for causing damage to individuals or information and documents, the customer is responsible for all damages incurred by DexDC. The customer must reimburse DexDC for its losses in full and in cash within 5 business days from the date of written notification.
DexDC will not be held responsible for the information and content on web pages or applications opened on the customer's service. In the event of any negative or illegal situations arising from the content or software of published web pages, including the involvement of the customer and third parties, DexDC cannot be held responsible, and if liability is pursued, DexDC may suspend the service without any notice.
If the customer violates the rules, the customer acknowledges and agrees that DexDC has the right to intervene and take necessary actions, including suspending the service and terminating the membership, without the need for any warning.
If the customer is using a hosting package and experiencing a DDoS attack or causing problems for the server or other hosting users, the customer acknowledges and agrees that DexDC has the right to intervene and take necessary actions, including suspending the service and terminating the membership, without the need for any warning.
In the case of fraudulent credit card transactions, even for a single transaction, and without limitation to these measures, the customer acknowledges, declares, and undertakes that all domain names and other services registered to their account or with extended durations can be immediately canceled, stopped, or terminated without any notification, and all service items, including the customer's registration, regardless of their value, can be canceled, terminated, or stopped without any liability for compensation or damages.
PAYMENT, FEES, AND REFUNDS
Following the offer provided to the CUSTOMER, the payment for the service must be made in advance if the CUSTOMER wishes to purchase the service and initiate its delivery. The day of service delivery becomes the recurring payment date and also the final payment due date for subsequent billing periods. If the CUSTOMER fails to make the payment within the specified period, they will be considered in default and in arrears. In such cases, DexDC may issue a foreign exchange difference invoice and may also demand a monthly late payment fee of 10% from the invoice date. The CUSTOMER acknowledges and agrees to pay this late payment fee and foreign exchange difference invoice. The CUSTOMER further acknowledges, declares, and undertakes that in the event DexDC initiates legal or enforcement proceedings for any outstanding receivables arising from this agreement, without the need for a separate notice or warning, they will prepay all interest, attorney fees, and other legal expenses in accordance with this agreement. If the CUSTOMER wishes to return the purchased service, they must submit their request to DexDC on the same day (until 23:59). Within three days after the day of purchase, the amount paid can be converted into a balance that can be used on www.DexDC.com. After three days, the service cannot be returned or exchanged.
The CUSTOMER cannot hold DexDC liable for any damages or losses incurred by themselves or third parties due to the suspension or deletion of services resulting from non-payment.
DexDC accepts payment through various methods. For payments made by credit card, the system automatically activates the service. For payments made by bank transfer, the accounting department manually verifies and approves the invoices due to any issues that may occur on the bank's side. To avoid any inconvenience, it is necessary to inform DexDC through the customer panel for payments made via bank transfer.
All transactions carried out by DexDC through the website www.DexDC.com are subject to taxation according to the applicable Tax Laws in the United Kingdom. Any transactions arising from legal changes that occur outside the scope of this agreement are beyond the responsibility of DexDC and will be reflected in the agreement accordingly. The CUSTOMER is solely responsible for complying with all tax obligations related to their registration in accordance with the Tax Laws.
The CUSTOMER can terminate the contract by canceling the service through their customer account on the website www.DexDC.com for the upcoming payment period without any further notification. For this, the payment due date for the service should not have passed. The CUSTOMER agrees and undertakes that they will not request any refund or compensation for the terminated service. DexDC reserves the right to unilaterally terminate the contract at any time. In the event of DexDC terminating the contract and discontinuing the service, only the remaining portion of the prepaid fee will be refunded to the CUSTOMER.
FORCE MAJEURE Any events or circumstances that occur beyond the control and will of the Parties, are beyond reasonable control and could not have been predicted in advance, including but not limited to war, civil war, acts of terrorism, earthquake, fire, flood, and similar natural disasters shall be considered as force majeure. If a force majeure event occurs, one Party must immediately notify the other Party without delay. In such a situation, the Parties will jointly assess and determine the necessary measures to be taken and implement them together. The Parties shall not be held responsible for the failure or delay in fulfilling their obligations due to force majeure, and if the force majeure situation continues uninterrupted for a period of 30 (thirty) days, this contract shall be automatically terminated. However, the rights and claims accrued by the Parties prior to termination shall remain unaffected.
AUTHORIZED COURT AND EXECUTION OFFICES
The courts and enforcement offices of the United Kingdom shall have jurisdiction over any disputes arising during the implementation of this agreement. Furthermore, the parties agree to accept notifications made to the address and email address provided under this agreement; they undertake to notify the other party of any changes to their contact information within 7 days. Otherwise, notifications made to the addresses provided during the agreement or via email shall be deemed received by the other party.
By making the payment for the order placed on DexDC's website, the CUSTOMER shall be deemed to have accepted all the terms of this agreement. DexDC is responsible for making software arrangements to ensure that orders cannot be placed without obtaining confirmation that the agreement has been read and accepted by the CUSTOMER on the website.
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