Service and Usage Agreement

1 - Parties
1.1: Havane Turizm Dış Ticaret LTD.ŞTİ., which provides the services specified in the services section of this contract (referred to as Services). (Referred to as Havane Bilişim) and the person/institution specified with the details specified in the New customer registration section (referred to as Customer) of the website operating at http://www.Havane Bilişim.com belonging to Havane Bilişim (referred to as Site). ) and the services to be purchased through this site will be deemed to have been signed with the terms and conditions specified below.

1.2: The parties declare, accept and undertake the accuracy of the information written in this agreement.

2 - Subject
2.1: 2.1: This agreement covers the parts that the customer is allowed to do or not to do in line with the information he has given in the registration process in his transactions, orders and messages sent on the site, the fees to be paid to Havane Bilişim in return for the services he will receive in accordance with his preferences in his orders, and the rights and obligations of the parties arising from the service relationship. will arrange. These service and transaction disclosures are as follows.

2.2: Membership information is the information entered by the customer during membership. Since this information will be used as the basis for the transactions made, it is assumed that the customer and the member have entered this information completely and accurately, without any errors.

2.3: Havane Bilisim, during registration, purchase or similar transactions; email, mobile phone, etc. to make notifications, send newsletters, or enforce security protocols such as account confirmation. may require the sharing of contact information and may request that this information be approved by methods such as a verification code, and may require these approval processes in order to use the services.

2.4: Havane Bilisim may send notifications or newsletters about its services using the contact information shared by the user during registration.

3 - Responsibilities
3.1: Havane Bilişim will provide the services ordered by the customer upon request. With the order acceptance message, Havane Bilisim will accept that it has collected the relevant fee and undertake to provide the service specified in the order in question.

3.2: Havane Bilisim will notify you of the fees to be paid according to the customer's monthly or annual payment preferences, stating the payment method, VAT differences and the total amount to be deducted during the order.

3.3: The service will start after order acceptance and transaction approval. The responsibility for the relevant accounts and passwords is the customer's responsibility, and the customer will be responsible for any damage or loss that may arise from these issues.

3.4: The customer undertakes to comply with the statements and warnings received by Havane Bilisim within the scope of the service he receives. The Customer declares, accepts and undertakes to comply with any warning or notification issued by Havane Bilisim while using the hosting account. The customer cannot distribute or sell to third parties the services provided to him free of charge or unlimited in the possession service he has received, either for a fee or free of charge and/or limited or unlimited.

3.5: All live support calls, support requests, e-mails, telephone, written and verbal communications between the Customer and Havane Bilisim are private and confidential. It cannot be shared without Havane Bilişim's permission and approval.

3.6: The customer undertakes not to access files or programs that do not have access rights by using the software and programs it owns within the service, not to create any problems due to such a problem, and to cover the damages in case of problems and problems that may arise.

3.7: The customer accepts and undertakes that he/she will be responsible for any taxes, duties and similar obligations that are in force during the use of the domain name, hosting or services received or that will come into force during the contract.

3.8: The customer accepts and undertakes to bear all legal and criminal liability that may arise from the illegality of such data, information and statements, and that he/she is responsible for all files, documents and programs contained within the customer service, and all transactions that will be used and benefited from the website and e-mail services. It does. Any problems that may arise in this regard cannot be reported to Havane Bilisim. Havane Bilisim does not review pages before they are posted, nor does it verify, endorse or take any responsibility for user-created pages. Havane Bilişim may terminate user accounts for violating these guidelines or for any other reason or because Havane Bilişim believes that it is harmful to its own business or the business of any of its users. Havane Bilisim has the right to delete illegal acts and actions without informing the customer as soon as it becomes aware of them.

3.9: Havane Bilisim shall not be liable for any material or moral damage that may arise from the content of customer data contained in the service it provides, the erroneous / malicious use of these contents, and the e-mail data sent and received.

cannot be held responsible in any way. Backup and storage obligations of all data belong to the customer. Havane Bilisim cannot be held responsible for any errors, material or moral damages that may occur in cases such as interruptions in its services or data loss.

3.10: Havane Bilişim will carry out the registration procedures for the domain name ordered by the customer and paid for without any problems. The owner of the domain name, which is registered and paid for with the registration request accepted by order, is the customer. In this regard, Havane Bilişim will be able to process the domain name in line with the customer's demands. The customer will make any edits, changes and transfer requests on the domain name as soon as possible.

3.11: Havane Bilişim's liability for the services provided; It is the monthly fee for the service received. The claim for compensation for any disruptions, problems or losses that may occur in customer services cannot exceed the monthly fee of the service.

3.12: Havane Bilisim will show the necessary care and importance to keep the customer's backups in order, but cannot be held responsible for any data loss the customer may suffer due to problems that may occur in this regard, the customer is obliged to record his own data regularly.

3.13: Havane Bilişim states the specific terms of use for the products and services it provides on the web page prepared specifically for the product and service. Users are deemed to have accepted these terms when they purchase the services.

3.14: Havane Bilisim may change the products and services it provides over time.

3.15: The customer is obliged to use the services received in a way that does not harm other users. In detecting such uses, Havane Bilisim may warn the Customer and ask for correction or may temporarily suspend the service without informing.

3.16: The customer continues his service by accepting that all resources specified as Unlimited in the services he uses are unlimited if he uses them in good faith and in accordance with the general terms of use. In case of excessive use of server resources or misuse of resources, Havane Bilisim may warn the Customer and ask for correction or may temporarily suspend the service without informing.

3.17: Havane Bilisim may decide to terminate the service without imposing any conditions, regardless of the content and scope of the product and service used. In this case, the remaining balance of the service and product is refunded to the user. If the customer does not accept the return or does not respond to the relevant notifications, the relevant balance is reflected in his account as a positive balance.

3.18: Havane Bilişim reserves the right to stop the expired domain name, hosting, or other services it offers after the expiration of the period, and to cancel the service completely. There is no obligation to keep any data records after cancellation of expired or unpaid services.

3.19: Havane Bilişim complies with the requirements of ICANN and REGISTRAR companies, which are the main domain name producer, in domain name registration services. All responsibilities and processes in this regard are valid as the conditions of REGISTRAR companies. Registration processes of domain names are managed by software systems, these software work on Havane Bilişim and Registrar companies. The Customer is responsible for controlling the entire process in case of errors that may occur in processes such as registration, updating, editing, modification, deletion due to malfunctions or access problems that may occur during this work.

3.20: Domain name registration, renewal or editing operations are carried out through 3rd party software or manual processes. In case of errors that may arise from such transactions, if the user notices the error or is warned by the registrar company, the customer is obliged to share these notifications with Havane Bilişim. Otherwise, Havane Bilisim is not responsible for any disruption, damage or loss that may occur.

3.21: Havane Bilişim shares customer information with the Domain Operator or intermediary company in domain name registration processes, as it is mandatory for the registration process. In Havane Bilişim, Domain Name Registration Services, the responsibility of changing and correcting whois information, domain name registration password responsibility, and transfer lock responsibility belong to the customer. Havane Bilisim or domain operators may suspend the domain name due to unverified whois information in accordance with ICANN rules. It may request documents to verify Whois information.

3.22: Registration, transfer, renewal, whois, NS update, status change, etc. In domain transactions, Havane Bilisim applies the relevant ICANN rules along with the rules and agreements depending on the registrar from which it receives service. These rules may change over time. The user is deemed to have accepted all possible changes to this agreement and rules.

3.23: In resolving the domain name dispute, Havane Bilisim shall be responsible for the registration of the registrar (

It carries out transactions in accordance with the rules of the registrar. UDRP process can be applied in accordance with ICANN rules for dispute resolution in domain names such as .com, .net, .org. The User accepts that these articles and processes can be applied to the domain names on Havane Bilisim.

3.24: For domain name dispute resolution, Havane Bilisim may direct the user to legal authorities, Domain Name Dispute Resolution Mechanism (UDRP), or may limit or close access to the domain name through the panel when deemed necessary. You can enable or disable domain name whois protection, disable or enable domain transfer lock, extend the domain name or update domain NS information.

3.25: Whois hiding service is preferred by users who do not want to protect their personal data or enter harmful spam lists. This service does not make the user inaccessible to legal authorities, and Havane Bilisim does not allow this service to be used for illegal transactions. 100% privacy assurance is not provided in the Whois hiding service. Havane Bilişim may turn off or turn on the whois service regardless of user request.

3.26: Havane Bilişim has the right to change the terms and prices of domain name registration services without notice. This regulation will come into force after the service renewal process for domain names for which annual payments are made, and the current prices and conditions are clearly and completely stated during the service renewal. If the customer does not want to renew or wishes to renew through a different company, the Registrar has the right to take action within the framework of the rules set by the companies and Icann.

3.27: Havane Bilişim suspends the domain names for customers who do not complete the renewal processes in domain name services on time, as of the expiry date. Havane Bilisim can redirect expired domains to a parking page. This suspension period varies depending on the time determined by the domain name manufacturer. During this period, the main customer who purchased the domain name can renew the domain name by paying the annual renewal fee and regain the right to use it by taking it back. If the domain name is not renewed within this period, the domain name will fall into the REDEMPTATION PERIOD. In this process, the rights to the domain name no longer belong to the customer and are left to the initiative of our company and the registrar company. In this process, Havane Bilişim or Registrar has the right to sell the domain name to a different company. During the redemption period, an old customer who wants to buy the domain name again or a new customer who wants to buy a new one can get it back by paying a penalty fee of approximately 100 USD, although the value varies depending on the domain name producer. For domain names that are not purchased after the redemption period, the process is now at the discretion of the Registrar and it is not possible to retrieve the domain name through Havane Bilişim after this process.

3.28: Domain name services are not a product sold, but a form of service for which the right to use is received for the duration of the fee. Therefore, if the fee for the domain name is not paid within the expiry period, this right may be transferred to another person.

4 - Duration
4.1: The specified rights and obligations of the parties in this contract begin when the order and payment transactions are transmitted to Havane Bilişim via the internet.

4.2: The contract period is the payment period selected by the customer during the order for the relevant service.

5 - Fee
5.1: The fee to be paid for the services specified in this contract is the amount specified during the order process. It is calculated by including VAT in the specified fees and is shown to the customer and collection is made.

5.2: Havane Bilişim reserves the right to make prospective changes to prices and tariffs without prior notice. The customer accepts, declares and undertakes any changes that may occur regarding these changes.

5.3: The fee is paid by converting it into Turkish Lira at Garanti Bank's effective sales rate on the date of the order.

5.4: If there is a payment order by credit card during the order process, the fee is obliged to pay from the credit card account, or by hand to the bank account numbers specified in the customer contact address or to Havane Bilisim, until the end of the 5th business day from the final order date.

5.5: In case of delay in payment, Havane Bilişim reserves the right to issue a late payment invoice.

5.6: Havane Bilişim reserves the right to turn off or on the relevant service until the customer completes the payment process.

5.7: The customer is obliged to notify Havane Bilisim about the payments for the services he has received, regardless of payment method. The notification must clearly state the order number, the name of the product or service being paid for, and the payment method.

6 - Suspension
6.1: Problems with payment, authorization for customers with credit card payment orders

Havane Bilisim reserves the right to suspend all services provided to the customer and all e-mail, web and ftp accounts due to problems or issues related to terms and obligations.

6.2: During this situation, e-mail, web and FTP access cannot be made on behalf of the customer and e-mail accounts will be blocked and incoming e-mails will be rejected.

7 - Termination
7.1: If the customer violates any article of this agreement and does not fulfill its responsibilities and commitments, or if it is determined that the information declared on the front of this agreement is not correct, and if the suspension of the above-mentioned agreement continues for more than 7 days, Havane Bilişim will not give any warning or notice. has the right to terminate the contract unilaterally without the need for notice.

7.2: After such termination, the customer; He declares, accepts and undertakes that he cannot claim back the last contract fee he paid, regardless of the remaining period, and that he will pay commercial punitive damages 5 times the equivalent contract price in force on the date of termination.

7.3: In case the contract is terminated by the customer before the expiration date, the customer declares, accepts and undertakes to pay 1/2 of the fees to be paid until the end of the contract, in lump sum and in advance.

8 - Contact and Information Addresses
8.1: The parties accept, declare and undertake that the addresses specified in the order address are their legal notification addresses for all kinds of notifications arising from the contract.

8.2: Any notification made to these addresses will be deemed to have been notified even if the parties do not receive it. Unless changes to these addresses are notified to the other party in writing, the old addresses will be valid.

8.3: Havane Bilişim may send messages, information, letters, warnings, payment notifications, account activity schedules and account statements to the e-mail address allocated to the customer within the contract period. The customer cannot claim that such electronic messages were not received or did not reach him, and he declares, accepts and undertakes that he will be deemed to have notified them in a legal sense.

9 - Default in Payment of Wage
9.1: If the customer does not make payment for the services received within 7 days following the application date, he is deemed to be in default. In this case, Havane Bilişim may issue an invoice for the exchange rate difference or, if it wishes, may request a monthly delay interest of 7% starting from the invoice date. The customer declares and agrees to pay this delay interest and exchange difference invoice.

9.2: In case Havane Bilişim files a lawsuit or enforcement proceeding for any receivables arising from this agreement, the Customer shall be liable for a monthly delay interest of 7%, a penalty clause of 50% of the balance debt amount, a 10% Attorney's Fee and all other legal fees. declares, accepts and undertakes to pay the expenses.

9.3: If the Customer applies to the legal authorities for Precautionary Seizure and Precautionary Injunction for the collection of his receivables arising from this contract, Havane Bilişim is authorized to take an unsecured Precautionary Seizure and Precautionary Injunction decision, however, when a guarantee is requested by the Courts, the commission and any charges arising from the letters of guarantee to be received from the Banks. declares, accepts and undertakes that all fees will be paid by them and that they will not raise any objections to these issues.

10 - Protection of Personal Data
10.1: In the implementation of this Agreement, the definitions contained in the Personal Data Protection Law No. 6698 (“KVKK”) and its secondary regulations will apply.

10.2: The parties accept, declare and undertake that they will process and transfer personal data in accordance with the KVKK and its secondary regulations, the principles and decisions of the Personal Data Protection Authority ("Institution").

10.3: In cases where Personal Data is transferred to Havane Bilisim within the scope of any relationship between the Customer and Havane Bilisim, the decisions in force (Personal Data Protection Board (“Board”)) regarding the processing of Personal Data by Havane Bilisim and transfer to third parties Including) within the scope of the personal data protection legislation, it will fulfill all kinds of obligations towards the relevant persons in a demonstrable manner, especially the obligation to inform and obtain explicit consent, and that these texts include the data processing in the information and explicit consent texts submitted to it by Havane Bilişim during the approval of this Agreement. It accepts, declares and undertakes that it will cover the processes and that it will submit the records regarding the fulfillment of these obligations to Havane Bilişim upon request of Havane Bilişim.

10.4: Havane Bilisim may transfer the Personal Data transferred to it by the other Party to third parties, such as service providers and third parties with whom it cooperates, by complying with data security measures, limited to the purpose of use and to fulfill its legal obligations.

10.5: Havane Bilisim and/or 10.4 above. Under the article, service providers and collaborating third parties use Personal Data to enable the commercial relationship between the parties to be carried out.

They may be transferred abroad in order to fulfill their legal obligations. In this case, the Customer accepts, declares and agrees that he/she is responsible for fulfilling the conditions required in accordance with the relevant legislation and complying with all regulations to be issued by the Board, and that he/she will fulfill the obligations of obtaining the necessary information and explicit consent regarding the transfer processes abroad towards the relevant persons to whom his/her personal data is transferred to Havane Bilişim. commits.

10.6: The Customer is responsible for ensuring the safe transfer of Personal Data to Havane Bilisim, and in this context, while ensuring the transfer of personal data, it will prevent the unlawful processing of personal data, prevent unlawful access to personal data and ensure the preservation of personal data, and will ensure the preservation of personal data in this regard. It accepts, declares and undertakes that it is obliged to take all kinds of technical and administrative measures.

10.7: Havane Bilişim accepts, declares and undertakes that it will take all necessary technical and administrative measures to prevent the personal data transferred to it from being processed unlawfully, to prevent unlawful access to personal data, and to ensure the preservation of personal data.

10.8: The Parties shall notify the other Party in writing of this situation immediately and in any case within 24 (twenty-four) hours at the latest, in case of any unauthorized access to the Personal Data transferred to them by the other Party or in case of data security cannot be ensured such as a cyber attack, It accepts, declares and undertakes that it will work in cooperation with the other Party to minimize the damages that may arise from this situation and to eliminate the resulting damage, and in this context will provide all kinds of information, documents and support requested by the other Party without delay.

10.9: Parties; It shall notify the other Party in writing of any legally binding requests coming from a judicial authority that require disclosure of personal data to that judicial authority, as soon as possible and within 48 (forty-eight) hours at the latest. In this regard, the Parties accept, declare and undertake that they will take all kinds of measures to ensure that the other Party can fulfill its legal obligations and that the other Party suffers the least damage, and in this context, to proceed in cooperation with the other Party and to provide the information and documents requested by the other Party. .

10.10: The Parties accept, declare and undertake that they will comply with all regulations, procedures and principles in force regarding the protection of personal data, especially the KVKK and the decisions of the Personal Data Protection Board, in terms of Personal Data Processing within the scope of this Agreement.

10.11: If any claim concerning the other Party is made by the relevant person within the scope of the legal legislation regarding data processing processes, the Parties will notify the other Party in writing of this request within 48 (forty-eight) hours and the other Party will inform the relevant person. will provide the necessary support to respond to their requests duly.

10.12: In accordance with the relationship between the parties, Havane Bilisim is the data processor and the Customer is the data controller. In this context, if the Customer suffers any damage due to Havane Bilişim's violation of the provisions of this Agreement regarding personal data or the KVKK legislation, Havane Bilişim will compensate the Customer's losses, limited to the amount of this Agreement, in cases where it is determined that there is a fault by a court decision. will.

10.13: If Havane Bilişim suffers any damage due to the violation of the provisions of this Agreement, KVKK and secondary legislation and the principles and decisions of the Institution by the Customer, the Customer agrees to compensate Havane Bilişim for any damages that may arise, and in this context, Havane Bilişim has no right of recourse to it. accepts, declares and undertakes that it is reserved.

11- Competent Courts and Enforcement Offices
11.1: This contract consists of 11 articles and subheadings and has been read, understood and signed by the parties. (Signature is deemed to have been completed when the order is sent to Havane Bilişim online). Havane Bilisim may add, remove or make changes to new articles and/or subheadings if it deems necessary. The Customer declares and undertakes that he/she has accepted these changes in advance.

11.2: Kocaeli Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this agreement.

For all our packages, the articles in the General Terms of Use as well as the User Agreement are valid.