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This Virtual Server (VPS) Service Agreement ("Agreement") is entered into between VPS.TC ("Provider"), headquartered in Wyoming, USA and operating with a support office in Turkey, and the individual or legal entity ("Customer") purchasing services via the Provider's website.
In the implementation and interpretation of this Agreement, the following terms shall have the meanings specified below:
The subject of this Agreement is to determine the terms of use, pricing, and provision of the services ordered by the Customer electronically from the Provider. This agreement is drafted in compliance with applicable international commercial laws and, where relevant for local operations, 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". From the moment of service activation, unrecoverable physical and infrastructural resources (CPU, RAM, Disk, IP addresses, electricity) are reserved and consumed on behalf of the Customer.
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: Due to 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.), and 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 unilaterally terminate the agreement in the following cases:
The e-mail address declared by the Customer during registration is considered the valid notification address. Notifications 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 enters into force at the moment the Customer fills out the order form, approves it, and completes the payment.
The use of IP addresses in accordance with RIPE NCC policies is the Customer's responsibility. For IP addresses that enter a "Blacklist" 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.
Events beyond the control of the parties, which could not be foreseen (earthquake, fire, flood, war, cyber-attacks, fiber line cuts) and prevent the fulfillment of obligations, are considered Force Majeure. In these cases, parties cannot be held responsible for delays in performance.
For disputes arising from this agreement; Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction for Customers residing in Turkey; and Wyoming State Courts shall 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 any damages (data loss, loss of profit, business interruption, etc.) arising from the services offered under this agreement is limited to the total amount paid by the Customer to the Provider for that service within the last 12 months preceding the date the damage occurred.
The Customer accepts and undertakes to indemnify and hold the Provider harmless, in cash and in full, for all damages (including attorney fees) arising from any lawsuits, demands, and administrative fines brought against the Provider due to the Customer violating the rights of third parties (copyright, trademark, personal rights, etc.) or acting against the law during the use of the service.
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.
In payments made by credit card, 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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