1. Parties
1.1: This agreement is made between Sakans Yazılım Teknolojileri Limited Şirketi ("Cloudmarin"), provider of the services outlined in the services section ("Services"), and the individual/entity identified in the new customer registration section with the specified details ("Customer"). This agreement governs the use of the website www.cloudmarin.com (.com.tr .net .org .gen.tr) ("Site") owned by Cloudmarin and the purchase of services through this Site, subject to the terms and conditions below and the general terms of service.
1.2: The parties declare, accept, and guarantee the accuracy of the information provided in this agreement.
2. Subject Matter
2.1: This agreement outlines the permitted and prohibited actions for the Customer on the Site, including orders, messages, and registration information. It also defines the fees payable to Cloudmarin for services selected by the Customer and the terms of service usage. These service and transaction details are as follows:
2.2: Membership information is provided by the Customer during registration. As this information is used as the basis for transactions, it is assumed that the Customer/member has entered this information accurately, completely, and correctly.
3. Responsibilities and Customer Obligations
3.1: Cloudmarin will provide the services requested by the Customer through orders. Upon order confirmation, Cloudmarin acknowledges receipt of the relevant fee and commits to providing the service specified in the order.
3.2: Payment methods and VAT differences will be indicated in the total amount during the order process. Cloudmarin will inform the Customer of the fees due based on their preferred payment schedule (monthly, quarterly, semi-annually, annually, or biennially).
3.3: After order acceptance and confirmation, Cloudmarin will provide the Customer with all usernames and passwords for the services detailed in the order, marking the commencement of the service. Responsibility for access information to the relevant services lies with the Customer upon delivery, and the Customer is liable for any damages or losses arising from this.
3.4: The Customer agrees to comply with all declarations and warnings issued by Cloudmarin regarding the service(s) they receive. The Customer declares, accepts, and undertakes to comply with any notice or announcement published by Cloudmarin while using their services. The Customer may not distribute or sell free and unlimited services to third parties, whether for a fee or free of charge, and/or with or without limitations. In addition to this agreement, the "general terms of service" are fundamental to service usage.
3.5: The Customer agrees not to access files or programs that they do not have access to using the software and programs provided within the scope of the service. They also agree not to cause any problems due to such issues and to compensate for any damages in case of problems.
3.6: The Customer accepts and undertakes that they are responsible for and will cover any taxes, fees, and similar obligations in force during the use of the services or those that may come into force during the contract period.
3.7: The Customer accepts and undertakes that they are solely responsible for all files, documents, and programs hosted within the service, as well as all transactions they will use and benefit from with website and e-mail services. They also agree to bear all legal and criminal liability that may arise from the illegality of the aforementioned data, information, and declarations. Cloudmarin cannot be held liable for any problems arising in this regard. Cloudmarin does not review, verify, endorse, or assume any responsibility for pages created by the user before they are sent. Cloudmarin may terminate user accounts for violating these guidelines, for any other reason, or if Cloudmarin believes it is detrimental to its own business or that of any of its users. Cloudmarin has the right to delete any actions and activities that violate the law without prior notice to the Customer.
3.8: Cloudmarin cannot be held responsible for the content of Customer data within the provided services, any material or moral damages that may arise from the erroneous/malicious use of this content, or e-mail data sent and received. All backup and storage obligations for data belong to the Customer. Cloudmarin cannot be held responsible for any errors, material or moral damages that may occur in cases such as interruption or data loss in its services.
3.9: Cloudmarin will show due diligence and importance for the regular maintenance of backups belonging to the Customer, but cannot be held responsible for data loss that the Customer may suffer due to possible problems in this matter. The Customer is obliged to back up their own data regularly.
3.10: Cloudmarin specifies the special terms of use for the products and services it provides on the web page prepared specifically for the product and service. When the Customer purchases any of these services, they are deemed to have accepted the terms of that service.
3.11: Cloudmarin may change the features and prices of the products and services it provides over time.
3.12: The Customer is obliged to use the services they receive in a way that does not harm other users. Cloudmarin may warn the Customer and request correction or temporarily suspend the service without notice upon detection of such use.
3.13: The Customer acknowledges that all resources designated as "Unlimited" in the services they use are unlimited as long as they are used in good faith and in accordance with the general terms of use. In cases of excessive use of server resources or use of resources for purposes other than their intended purpose, Cloudmarin may warn the Customer and request correction or temporarily suspend the service without notice. These unintended uses are specified in the "general terms of service".
3.14: Cloudmarin will carry out domain name registration transactions that have been ordered by the Customer and for which payment has been made without any problems. The Customer is the owner of the registered domain name for which the registration request has been accepted with the order and the fee has been paid. Cloudmarin will be able to process the domain name in line with the Customer's requests in this regard. Cloudmarin will process any editing, modification, and transfer requests on the domain name by the Customer through the control panel as soon as possible.
3.15: Domain name registration, renewal, or editing processes are carried out through 3rd party software or manual processes. In case of errors that may arise from such processes, the Customer is obliged to share these notifications with Cloudmarin when they notice the error or when they are warned by the main registrar company. Otherwise, Cloudmarin is not responsible for any disruptions, losses, or damages that may occur.
3.16: In domain name registration services, the responsibility for changing and ensuring the accuracy of the whois information, the domain name registration password, and the transfer lock belongs to the Customer.
3.17: Cloudmarin reserves the right to change the provision terms and prices in domain name registration and transfer services without prior notice. These arrangements may affect the next renewal prices of existing registered domain names. If the Customer does not want to renew or wants to renew through a different company, they have the right to do so within the framework of the rules set by Icann and Trabis.
3.18: Cloudmarin suspends domain names for customers who do not renew their domain name services on time, as of the expiry date. This suspension process varies according to the time determined by the domain name registrar. During this period, the customer who purchased the domain name can renew the domain name by paying the annual renewal fee and regain the right to use it. If the domain name is not renewed within this period, the domain name will fall into the REDEMPTION PERIOD. In this process, the former customer who wants to retrieve the domain name can get it back by paying a penalty fee, which varies according to the domain name extension, but is on average 95 + 18% VAT US Dollars. In domain names that are not retrieved after the Redemption period, the process is now at the discretion of the main registrar company, and after this process, it is not possible to retrieve the domain name through Cloudmarin.
3.19: Domain name services are not a product sold, but a form of service for which the right to use is obtained for the duration of the payment. Therefore, if the fee is not paid within the expiry period of the domain name, this right may pass to another person.
3.20: The Customer accepts, declares, and undertakes that in cases such as sending bulk e-mails (spamming) through the server allocated to them, phishing scams, attacks on internal or external networks, and similar illegal situations or situations that will negatively affect Cloudmarin's database, Cloudmarin may disable the services without any need for a warning, and that the fees they have paid up to that date will not be refunded to them in any way, and they may be subject to a penalty clause of at least the contract amount. Within this responsibility, the Customer must comply with the laws of the Republic of Turkey, the regulatory procedures of the BTK (Information Technologies and Communication Institution), and the rules set and to be set by Cloudmarin.
4. Term
4.1: This agreement, along with the specified rights and obligations of the parties, commences upon submission of the order and payment transactions to Cloudmarin online.
4.2: The contract term is equal to the payment period selected by the Customer during the order for the relevant service.
4.3: If the parties do not notify each other that the contract will terminate at the end of the term, at least 10 business days before the end of the contract, the contract will be extended with the same terms and conditions for the duration of the previous contract period. (Changes in fees are reserved.)
5. Fee
5.1: The fee to be paid for the services specified in this agreement is the amount specified during the order process. The specified fees do not include VAT.
5.2: Cloudmarin reserves the right to make changes to prices and tariffs prospectively without prior notice. The Customer hereby accepts, declares, and undertakes any changes that may occur in this regard. The reasons for the change are inflation and exchange rates.
5.3: Cloudmarin does not apply interest in case of late payment, but reserves the right to do so.
5.4: Cloudmarin reserves the right to close or open the relevant service until the Customer completes the payment process.
5.5: As stated during the order, no refunds are made for domain name registration transactions.
6. Suspension
6.1: In case of a payment problem, Cloudmarin reserves the right to stop all services provided to the Customer.
6.2: Sending bulk mail through servers is strictly prohibited. The moment the sending of advertising mails, known as SPAM, is detected, the process is stopped and the service is temporarily suspended.
6.3: The security of all software on the server belongs to our customers. Our company is in no way responsible for any issues that may arise from read and write permissions and similar permissions, or any issues that may arise regarding your software.
6.4: All other terms of use are detailed in the "general terms of service" agreement.
7. Termination
If the Customer fails to fulfill their responsibilities and commitments by violating any provision of this agreement, if it is determined that the information they declared during registration is incorrect, or if the suspension of the contract mentioned above continues for more than 7 days, Cloudmarin has the right to terminate the contract unilaterally without any need for warning or notice.
After the termination realized in this way, the Customer declares, accepts, and undertakes that they will not demand a refund of the last contract fee they paid, regardless of the remaining period, and will pay 5 times the current contract price as commercial liquidated damages.
The Customer has the right to terminate this agreement at the end of the term, provided that they give written notice 10 days before the end of the normal contract term without giving any reason, or by sending a service cancellation request from the customer control panel.
If the contract is terminated by the Customer before the end of the term, they declare, accept, and undertake to pay 1/2 of the fees to be paid until the end of the contract at once and in advance.
8. Communication and Contact Information
8.1: For any and all notifications arising from this agreement, the parties declare, accept, and undertake that the mailing addresses specified in the order address are their legal domicile. Unless changes to these addresses are notified to us in writing, the old addresses will be valid.
8.2: Cloudmarin may send messages, information, writings, warnings, payment notifications, account activity charts, and account statements to the e-mail address declared by the Customer during registration within the contract period. The Customer declares, accepts, and undertakes that they cannot claim that the aforementioned electronic messages were not received or did not reach them, and that the aforementioned messages will be deemed to have been legally served 1 day after the date they were sent.
9. Default in Payment of Fees
9.1: If the Customer fails to make the payment within 7 days following the application date in return for the services they receive, they will be deemed to be in default. In this case, Cloudmarin does not apply interest, but may request a monthly 15% late payment interest from the invoice date if it wishes. The Customer declares and accepts to pay this late payment interest.
9.2: The Customer declares, accepts, and undertakes to pay a monthly 15% late payment interest, a penalty clause of 50% of the outstanding debt amount, 10% attorney fee, and all other legal expenses if Cloudmarin files a lawsuit or enforcement proceedings for any receivables arising from this agreement.
9.3: If the Customer applies to legal authorities for precautionary attachment and precautionary injunction for the collection of their receivables arising from this agreement, the Customer declares, accepts, and undertakes that Cloudmarin is authorized to obtain a precautionary attachment and precautionary injunction decision without collateral, but even so, if the courts request collateral, they will pay the commission and all kinds of fees arising from the letters of guarantee to be received from banks, and will not object to these matters.
9.4: If the Customer does not make the payment within 5 (five) days despite warnings, Cloudmarin reserves the right to suspend the service. Cloudmarin cannot be held responsible for services that have not been paid for, cancelled, and deleted.
9.5: Additionally, for physical and virtual server rental services; if the payment regarding the service renewal fees is not made and/or the collections cannot be made within 2 (two) calendar days following the service end date, the relevant services will be paused. If the payment regarding the service renewal fees is not made and/or the collections cannot be made within 10 (ten) days following the service end date, all data related to the relevant service will be deleted for security reasons, and the service will be automatically closed and cancelled. Cloudmarin cannot be held responsible for data loss in cancelled services.
10. Prohibited Activities
It is strictly forbidden to carry out the following activities using the SERVICE PROVIDER's services. Although the SERVICE PROVIDER does not have the responsibility to monitor the content, it reserves the right to stop, restrict, or completely terminate the services of users if it is determined that these activities are carried out.
10.1: Prohibited activities include, but are not limited to, any act or conduct that is considered a crime by law, including those listed below.
11. Validity and Termination of the Agreement due to Violation
11.1: Changes to this agreement, which the Customer approves during the online application, will be announced on the website and/or notified to the Customer via e-mail. The Customer will be deemed to have accepted the changed contract terms by continuing to use Cloudmarin's services.
11.2: The Customer may terminate the agreement at any time until the renewal date of the service received, as specified on the website, by notifying or by submitting a cancellation request through the customer control panel.
11.3: The agreement may be unilaterally terminated by Cloudmarin without the need for notice for the following reasons:
If the Customer violates the conditions specified in this agreement or the "general terms of service", Cloudmarin may terminate the services provided to the Customer without prior notice and/or terminate the agreement. In this case, the fees paid by the customer in advance will not be refunded.
12. Dispute Resolution and Authorized Court
12.1: This agreement consists of 11 main articles and subheadings, and has been read and understood by the parties and signed. (Signing is deemed to have taken place with the sending
Our Information and Privacy Policy for the Protection of Personal Data
As Sakans Software Technologies Limited Company, we possess the data of our relevant parties within the limits and rules of the Turkish Commercial Code No. 6102, the Law on the Regulation of Electronic Commerce No. 6563, and the Law on the Protection of Personal Data No. 6698 in order to provide our services and products within the scope of the commercial relationship between us.
In particular, considering the security of your personal data, we would like to inform you in accordance with the Law on the Protection of Personal Data No. 6698 in order to protect the privacy of private life, fundamental rights and freedoms.
As Sakans, we show utmost effort and sensitivity regarding the security of your personal data. As the data controller required by the legislation, all personal data obtained within the scope of our business relationship will be processed in accordance with the Law on the Protection of Personal Data in the manner detailed below and within the limits prescribed by the legislation.
Our Principles Regarding the Processing of Personal Data
As Sakans Software Technologies Limited Company;
a) To process in accordance with the law and rules of honesty,
b) To strive to ensure accuracy and up-to-dateness,
c) To be processed for specific, clear and legitimate purposes,
ç) To be connected, limited and proportionate to the purpose for which they are processed,
d) To be stored for the period stipulated in the relevant legislation or necessary for the purpose for which they are processed.
What Data Do We Collect? What is the Purpose of Collecting Data?
Personal data is any information that personally identifies you or can be used to directly or indirectly identify you. We may collect your personal data through your use of Sakans products and services or during your interactions with Sakans representatives.
The categories of personal data we collect from you depend on the nature of your interaction with us or the Sakans services you use, which may include one or more of the following:
Identity and Contact Data; We may collect your personal and/or business contact information, including the data on your ID such as your name and surname, your postal address, telephone number, fax number, e-mail or kep address.
Customer Transaction Data; We may collect your transaction data related to our services such as call center records, invoice, promissory note, check information, order information, request and complaint information.
Financial Data; We collect your bank account information, including bank account numbers and other relevant billing information, for the processing of payments and prevention of fraud, and for the refund to be made to your bank account in return processes.
Physical Location Security Data: We may collect your data such as entry and exit registration information and camera recordings when you visit us at our location.
Transaction Security Data; We may collect your data such as IP address information and website entry and exit information within the scope of Law No. 5651 if you connect to the Sakans network.
Marketing Data: We may collect your data in the form of shopping history information, information obtained through surveys and campaign work, and cookies on the website. (See cookie policy)
Visual and Audio Records; We may collect your visual records during your visits to our location, and your audio records within the scope of customer satisfaction and quality standards.
Social Media Data; If you interact with Sakans social media accounts through your social networks, we may process your publicized social media data.
Legal Processes and Legal Transaction Data; We may process your data regarding legal transactions that arise between us, if any, in order to fulfill our obligations arising from the legislation and to fulfill our other legal obligations to authorized and authorized public institutions and organizations.
Other Unique Identification Information; The information you provide when you interact in person with our service centers, customer support channels via phone or mail, additional information you provide to us so that we can facilitate the provision of Sakans services and respond to your questions are examples of other unique identification information we collect from you.
In line with the data processing conditions specified in Articles 5 and 6 of the Personal Data Protection Law, we collect your data within the scope of our business relationships, the applicable legal regulations, the continuity of our business processes, providing you with products and services and protecting and using your commercial rights, fulfilling our contractual obligations entered into between us, carrying out operations related to our products and services, and other purposes specified below;
For Customer Support and Satisfaction Purposes; Your data is processed for the purposes of providing comprehensive customer support, providing you with a seamless customer experience, and improving the Sakans products and services you receive.
For Communication and Administrative Purposes: Information about Sakans products and services with you
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