Distance Sales Agreement

1. Parties

This is an English translation provided for information. In case of any conflict, the Turkish version prevails.

1.1. Seller / Service Provider (the "Seller"):

1.2. Buyer (the "Buyer"): the natural or legal person placing the order through the client portal at portal.adveyer.com. The Buyer's name or company name, address, email address, phone number and, where applicable, tax details are those held in the client portal account and shown in the order summary. The Buyer is responsible for keeping this information accurate, complete and up to date.

2. Subject of the Agreement

2.1. This Distance Sales Agreement (the "Agreement") sets out the rights and obligations of the parties regarding the sale and performance of the services ordered by the Buyer electronically through the client portal, whose main characteristics and price are stated in the order summary, under Law No. 6502 on Consumer Protection (the "Law") and the Distance Contracts Regulation (the "Regulation").

2.2. The Pre-Contract Information Form, the order summary and the User Service Agreement, General Terms of Use and Refund Terms published on the client portal form an integral part of this Agreement. In case of conflict, in transactions where the Buyer is a consumer, the mandatory provisions of the Law and the Regulation and the provisions of this Agreement that are more favourable to the consumer apply.

3. Definitions

In this Agreement:

• Consumer means a natural or legal person acting for purposes outside their trade or profession;
• Service means the service ordered by the Buyer, as described in the order summary;
• Client portal means the online account area at portal.adveyer.com where orders are placed, payments are made and invoices and service details are displayed;
• Order summary means the summary shown on the client portal immediately before the order is confirmed, containing the service name, package, billing period, quantity, unit price, taxes and total price including taxes;
• Durable medium means any tool or medium, such as email or a client portal record, that enables information sent by or to the Buyer to be stored for a period adequate for its purpose and reproduced unchanged.

4. Main Characteristics of the Service and Price

4.1. The Seller provides domain registration, web hosting, cloud servers (VPS), dedicated and enterprise servers, colocation, CDN, business email, SSL certificates and software licences (cPanel, Plesk, DirectAdmin, CloudLinux, etc.). All of these are intangible services provided electronically; no physical goods are shipped to the Buyer. In colocation, the Buyer's own hardware is hosted in the data center used by the Seller.

4.2. The main characteristics of the service (package, resources, term, billing period, quantity and any add-ons), the unit price and the total price including taxes are as stated in the order summary. The order summary and the order confirmation email sent to the Buyer after the order is confirmed form an integral part of this Agreement.

4.3. Prices are published in Turkish lira (TRY) or US dollars (USD) excluding 20% value added tax (KDV). VAT is added at checkout, and the total price including taxes is shown before the Buyer confirms the order. For services priced in USD and paid in TRY, the amount to be charged is shown at checkout. The Seller charges no shipping, delivery or similar additional costs beyond the amount shown in the order summary.

4.4. Renewals are charged at the prices in effect on the date the renewal invoice is issued. Price and package changes are notified to the Buyer in advance as provided in the User Service Agreement.

4.5. The 99% monthly availability commitment and its conditions are set out on the Service Level Agreement (SLA) page and in the User Service Agreement.

5. Payment and Invoicing

5.1. The price is paid on the client portal by credit or debit card, or by bank transfer/EFT to the Seller's bank accounts. Accepted payment methods are shown at checkout before the order is placed.

5.2. Payments are made in advance at the start of the billing period chosen by the Buyer (such as monthly, quarterly, semi-annually, annually, two or three years). Confirming the order creates an obligation to pay.

5.3. Invoices are issued electronically and made available on the client portal. Invoices for renewing services are issued and notified to the Buyer before the service term ends.

5.4. If a card payment is reversed for any reason by the bank or card issuer, or a bank transfer/EFT does not reach the Seller's account, the payment is deemed not made.

6. Performance and Activation

6.1. The service is activated after the Seller confirms the payment (for card payments, on payment approval; for bank transfers/EFT, once the amount is credited to the Seller's account). Access details are shown on the client portal and sent to the Buyer's registered email address.

6.2. Activation times vary by service type. Dedicated servers and colocation may require hardware preparation and scheduling; domain operations are subject to the procedures of the relevant registry, and SSL certificates to the validation procedures of the certificate authority.

6.3. If performance of the service becomes impossible, the Seller notifies the Buyer in writing or on a durable medium within three days of becoming aware of it and refunds all payments received within fourteen days of the notification at the latest.

6.4. Domain registration, transfer and renewal are subject to TRABIS (.tr Network Information System) rules for .tr domains and to ICANN and registry rules for other extensions.

7. Term, Renewal and Termination

7.1. The Agreement is concluded for the billing period stated in the order summary.

7.2. Unless either party gives notice of termination, the service renews for the same billing period. The renewal invoice is issued before its due date; if it is not paid by the due date, the service may be suspended and terminated subject to the notices and periods set out in the User Service Agreement. Since data belonging to a terminated service may be deleted, the Buyer is responsible for backing up its data.

7.3. The Buyer may submit a cancellation request on the client portal to stop renewal or end a service. Unless otherwise requested, cancellation takes effect at the end of the paid period. Without prejudice to statutory rights and the Refund Terms, fees for the remaining period are not refunded.

7.4. Domains that expire and are not renewed may be suspended, enter a redemption period or be released according to the registry's rules.

7.5. The Seller may terminate the agreement, in the manner set out in those documents, if the Buyer breaches this Agreement, the User Service Agreement or the General Terms of Use. Abuse is governed separately by Article 11.

8. Right of Withdrawal

8.1. If the Buyer is a consumer, the Buyer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty.

8.2. For contracts for services, the withdrawal period starts on the day the contract is concluded.

8.3. The right of withdrawal is available to consumers only. Buyers acting for commercial or professional purposes (companies, merchants and self-employed professionals) have no right of withdrawal and are bound by the User Service Agreement and the Refund Terms.

8.4. Cases where the right of withdrawal cannot be exercised are set out in Article 9, and abuse in Article 11.

9. Exceptions to the Right of Withdrawal

9.1. Under Article 15(1) of the Regulation, unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal for:

• (ğ) "contracts for services performed instantly in electronic form or intangible goods delivered instantly to the consumer;"
• (h) "contracts for services whose performance has begun, with the consumer's approval, before the end of the withdrawal period."

9.2. Domain registration, transfer and renewal (once the request is submitted to the registry), issuance of SSL certificates and provisioning of software licences are services performed instantly in electronic form; under point (ğ) there is no right of withdrawal for them.

9.3. For web hosting, cloud servers, dedicated servers, colocation, CDN and business email, by confirming the order the Buyer expressly requests that the service start immediately, before the withdrawal period ends, and acknowledges that once performance has begun the right of withdrawal is lost under point (h). If performance has not yet begun (for example, the service has not yet been activated), the Buyer may exercise the right of withdrawal.

9.4. Separately from and in addition to the statutory right of withdrawal above, under the Refund Terms the Seller offers a 7-day commercial refund guarantee on first-time purchases of the services shown in the table below. The refund status of each service and the conditions of the guarantee are as follows; abuse is governed by Article 11.

Refund status by service

Conditions of the 7-day commercial refund guarantee

• It applies only to first-time (new) purchases of the services shown as covered in the table above; renewals, campaign products and cases of abuse are excluded.
• The request must be sent within 7 days of the order date by email or by opening a support ticket on the client portal.
• The refund is made to the original payment source, by partial credit card refund, bank transfer or EFT.
• Transaction costs, one-time setup fees and third-party costs, and the price of non-refundable items included in the package (such as a domain or licence) are deducted from the refund.
• This guarantee is a commercial option granted voluntarily by the Seller and does not limit the statutory right of withdrawal. Where the statutory right of withdrawal is exercised, payments are refunded in full, without any deduction, within 14 days.

9.5. By confirming the order, the Buyer requests that performance of the non-refundable services begin immediately and acknowledges that there is no right of withdrawal for those services. Where no exception applies, the consumer's 14-day statutory right of withdrawal is reserved.

10. Exercising the Right of Withdrawal and Refunds

10.1. It is sufficient to send the withdrawal notice to the Seller in writing or on a durable medium before the withdrawal period ends. Notice may be given by email to info@adveyer.com, by opening a support ticket on the client portal, or in writing to Ömerli Mah. Güzin Sok. No:29, Çekmeköy / İstanbul. The Buyer may use the model form below or make any other clear statement of the decision to withdraw.

10.2. The Seller confirms receipt of the withdrawal notice to the Buyer by email. The burden of proving that the right of withdrawal was exercised lies with the Buyer.

10.3. Within fourteen days of receiving the withdrawal notice, the Seller refunds all payments received, using a method appropriate to the payment instrument the Buyer used, in a single payment and without any cost or obligation to the Buyer. For card payments, the time it takes for the refund to appear on the card account depends on the bank.

10.4. The service is terminated when the right of withdrawal is exercised. Since the service involves no physical goods, nothing needs to be returned by the Buyer.

10.5. Withdrawal and refund requests in case of abuse are subject to Article 11.

11. No Right of Withdrawal or Refund in Case of Abuse

11.1. For the purposes of this Agreement, "abuse" means using the service for, or in a way that results in:

1. sending bulk or commercial electronic messages without the recipients' consent (spam), or providing infrastructure for that purpose;
2. hosting phishing, fake websites or content designed to collect credentials;
3. hosting or distributing viruses, ransomware, botnets or similar malware;
4. attacks of any kind including denial of service (DDoS), unauthorized access or access attempts to information systems, or unauthorized port and vulnerability scanning;
5. infringement of copyright, trademarks or other intellectual and industrial property rights;
6. content or activity contrary to Law No. 5651 on the Regulation of Internet Publications and Combating Crimes Committed Through Such Publications or other legislation;
7. use of the service in a way that infringes the rights of third parties;
8. use contrary to the General Terms of Use or the User Service Agreement.

11.2. Abuse by its nature shows that the Buyer has started using the service. In that case the service is one whose performance has begun, with the Buyer's approval, before the end of the withdrawal period within the meaning of point (h) of Article 15(1) of the Regulation, and, for services such as domains, SSL certificates and software licences, one performed instantly in electronic form within the meaning of point (ğ) of the same paragraph. The Buyer therefore cannot exercise the right of withdrawal.

11.3. The 7-day commercial refund guarantee in the Refund Terms is an option granted voluntarily by the Seller in addition to statutory rights and does not apply in case of abuse.

11.4. If the Seller detects abuse or receives a notice of abuse from a competent authority or a third party, the Seller may suspend the service immediately, terminate the agreement without prior notice and share the relevant information and records with competent authorities within the scope of its legal obligations. Fees paid for a service suspended or terminated for this reason, and fees for the remaining period, are not refunded.

11.5. The Seller's losses and costs arising from abuse (including removal of IP addresses from blacklists, handling of abuse reports and legal proceedings, third-party claims and administrative fines) are claimed from the Buyer. The Seller may set off this claim against any balance in the Buyer's account or any amount due to be refunded to the Buyer.

11.6. In establishing abuse, the Seller's system records and logs, abuse reports from third parties and blacklist records constitute evidence under the evidence agreement in Article 14.

11.7. Abuse can be reported on the abuse report page. The Buyer's mandatory statutory rights and right to submit counter-evidence are reserved.

12. Rights and Obligations of the Parties

12.1. The Seller shall perform the service in accordance with the characteristics in the order summary, this Agreement and the User Service Agreement, and keep the information and documents relating to its obligations under the Regulation for three years.

12.2. The Buyer is responsible for the accuracy of its account and order information, the confidentiality of its client portal and service access details, using the service in compliance with the law and the rights of third parties, the accuracy of WHOIS details for its domains, and backing up its data.

12.3. Other matters relating to the parties' liability are governed by the User Service Agreement. In consumer transactions, the mandatory provisions of the Law are reserved.

13. Protection of Personal Data

13.1. The Buyer's personal data is processed by the Seller as data controller in accordance with Law No. 6698 on the Protection of Personal Data, under the Personal Data Protection Notice and the Privacy Policy. Information about cookies is in the Cookie Policy.

13.2. The Buyer may submit requests concerning its rights under Article 11 of that Law using the data subject application form.

14. Evidence Agreement and Notices

14.1. The parties agree that, in disputes arising from this Agreement, the Seller's commercial books, electronic order, payment and invoice records, client portal and system records (logs), email correspondence and support records constitute evidence under Article 193 of the Code of Civil Procedure No. 6100. In consumer transactions, the Buyer's right to submit counter-evidence is reserved.

14.2. Receipt of the order is confirmed by an email sent to the Buyer's registered email address after the order is confirmed. Notices between the parties are sent to the email address registered to the Buyer's client portal account and to the Seller's contact details in Article 1. The Buyer must keep its contact details up to date on the client portal.

15. Dispute Resolution

15.1. This Agreement is governed by Turkish law.

15.2. In consumer transactions, disputes may be brought, within the monetary limits announced each year by the Ministry of Trade, before the Consumer Arbitration Committee at the consumer's place of residence or where the transaction was made, and, above those limits, before the Consumer Court, subject to first applying to mediation before filing a lawsuit as required by Article 73/A of the Law. Applications to Consumer Arbitration Committees can also be made through the e-Devlet (e-Government) Gateway.

15.3. In transactions where the Buyer is not a consumer, the Courts and Enforcement Offices of the İstanbul Anadolu Courthouse have jurisdiction, in line with the User Service Agreement.

16. Entry into Force

16.1. Before confirming the order, the Buyer confirms electronically that it has read and accepts the Pre-Contract Information Form and this Agreement. The Agreement is concluded and enters into force when the order is confirmed on the client portal.

16.2. This Agreement consists of 16 articles. The Agreement and the Pre-Contract Information Form remain accessible to the Buyer on this page and on the client portal; the Buyer can keep the order summary and the order confirmation email.