This Virtual Server (VPS) Service Agreement ("Agreement") is between VPS.TC ("Provider") and the individual or legal entity ("Customer") purchasing services through the Provider's website. The Provider is headquartered in Wyoming, USA and operates a support office in Turkey.
These definitions apply when implementing and interpreting this Agreement:
This Agreement sets the terms of use, pricing, and provision of services ordered electronically by the Customer from the Provider. It is drafted in compliance with applicable international commercial laws. Where relevant for local operations, it is also drafted in compliance with the Turkish Commercial Code (Law No. 6102).
6.1. Nature of Service: Virtual private servers (VPS/VDS), dedicated servers, and other cloud computing services are considered "Services Performed Instantly in an Electronic Environment". Resource reservation and consumption begin at the moment of service activation, on behalf of the Customer. These unrecoverable physical and infrastructural resources are CPU, RAM, disk, IP addresses, and electricity.
6.2. Legal Basis: In accordance with international distance selling regulations and specifically for Turkish jurisdiction operations, contracts regarding services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer are exceptions to the right of withdrawal.
6.3. Refund Condition: This condition is based on the legal regulations mentioned above and the technical nature of the service (resource consumption). The right of withdrawal cannot be exercised for purchased services (Virtual Server, License, SSL, etc.). Refunds are strictly not provided. The Customer accepts, declares, and undertakes this condition in advance by placing an order.
The Provider has the right to terminate this Agreement unilaterally in the following cases:
The email address given by the Customer at registration is the valid address for notices. Notices sent to this address are deemed to have been received by the Customer.
See Article 19 (Jurisdiction and Applicable Law) for details. In general disputes, the Provider's records (server logs, traffic records, e-mail correspondence) constitute definitive evidence.
This Agreement takes effect when the Customer has completed and approved the order form and completed payment.
The Customer is responsible for using IP addresses in accordance with RIPE NCC policies. If an IP address is blacklisted due to spam, a cleaning fee may be requested from the Customer, or the service may be terminated.
Communications containing insults, profanity, or threats towards Provider personnel are grounds for immediate termination of the Agreement for just cause.
The Provider reserves the right to amend this agreement due to changes in legal regulations or operational requirements. Amendments enter into force on the date they are published on the website.
Force Majeure refers to events beyond the parties' control that could not be foreseen and prevent them from fulfilling their obligations. Examples include earthquakes, fires, floods, war, cyber-attacks, and fiber line cuts. In these cases, the parties cannot be held responsible for delays in performance.
For disputes arising from this Agreement, Istanbul (Çağlayan) Courts and Enforcement Offices have jurisdiction for Customers residing in Turkey. Wyoming State Courts have exclusive jurisdiction for international Customers and in cases requiring the application of US laws.
By approving this agreement, the Customer consents to receive campaigns, announcements, and information from the Provider via SMS, E-mail, or Phone under applicable "Commercial Electronic Communication" laws. The Customer has the right to revoke this consent at any time.
Services offered by the Provider are "Unmanaged" unless stated otherwise.
Pursuant to Law No. 5651 and applicable international regulations; the Provider is legally obliged to keep traffic logs (IP address, timestamp, port information) regarding access to its systems and to share them with judicial authorities upon request. The Customer accepts this legal obligation.
The total compensation for which the Provider may be held liable to the Customer for damages arising from services under this Agreement is limited. The limit is the total amount paid by the Customer to the Provider for that service within the 12 months before the damage occurred. This applies to all such damages, including data loss, loss of profit, and business interruption.
The Customer accepts and undertakes to indemnify and hold the Provider harmless, in cash and in full, for all damages arising from lawsuits, demands, and administrative fines brought against the Provider. This applies when those actions result from the Customer violating third-party rights or acting against the law during use of the service. Third-party rights include copyright, trademark, and personal rights. The damages covered include attorney fees.
By approving this agreement, the customer declares that they are over 18 years of age and have the legal capacity to contract. Liability arising from transactions made by minors under 18 without parental consent belongs to the parent/guardian. The Provider reserves the right to verify the declaration of age and to terminate accounts detected to be under 18.
For credit card payments, the following rights apply if the Customer makes an unjustified 'Chargeback' or if stolen card usage is detected. The Provider has the right to immediately stop all services, delete data, and file a criminal complaint against the Customer for 'Qualified Fraud'.
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