Terms of Service

Parties and Scope of the Agreement

These Terms of Service set out the terms and conditions governing the use of the website operating at BurtiNET’s burtinet.com internet address (the “Site”) and the services to be purchased through this site, between BNET Bulut Bilişim Hizmetleri LTD. ŞTİ. (“BurtiNET”), which provides the services specified in the products and services section (the “Services”), and the person or organization identified by the information provided in the new customer registration section (the “Customer”).

The parties declare, accept and undertake that the information written in this agreement is accurate. The agreement is deemed to have been concluded between the parties once the order and payment transactions have been transmitted to BurtiNET over the internet. It is technically not possible to place an order without confirming the statement “I have read, understood and accept the Terms of Service” during the service order.

This text governs the legal relationship between BurtiNET, which operates within the borders of the Republic of Turkey, and the Customer. No transactions should be carried out on the Site without reading or accepting the agreement; otherwise, BurtiNET cannot be held liable for any disputes that may arise.

Subject of the Agreement and Membership Information

This agreement governs the transactions the Customer may and may not carry out on the Site in line with its transactions, orders and the information provided during registration, as well as the fees the Customer will pay to BurtiNET for the services it receives according to its order preferences.

Membership information is the information entered by the Customer when registering. As this information forms the basis of all transactions, the Customer is deemed to have entered it without errors, completely and accurately. For orders cancelled due to incorrect or incomplete information, BurtiNET reserves the right not to refund the fee or to refund it only in part.

Service Delivery

BurtiNET provides the services submitted as an order at the Customer’s request. With the order acceptance message, BurtiNET acknowledges that it has collected the relevant fee and undertakes to provide the service specified in that order. Following order acceptance and payment approval, BurtiNET sends the Customer the usernames and passwords for the control panel, FTP, database and e-mail, and the service is deemed to have started. The security of the relevant accounts and passwords, and any loss or damage that may arise in this regard, are the Customer’s responsibility.

Responsibilities and Customer Obligations

Within the scope of the service it receives, the Customer undertakes to comply with BurtiNET’s statements and warnings and to observe the published warnings and notices. The Customer may not distribute or sell to third parties, whether for a fee or free of charge, or on a limited or unlimited basis, any services provided to it free of charge or on an unlimited basis.

• The Customer undertakes not to access files or programs to which it has no right of access, and to compensate any damage arising from such access.
• The Customer assumes responsibility for monitoring domain renewal, extension and transfer operations and all responsibility relating to these operations.
• Taxes, duties and similar obligations in force during the use of the service, or that enter into force during the term of the agreement, are borne by the Customer.
• The Customer assumes the legal and criminal liability arising from all files, documents, programs, websites and e-mail it hosts, from the transactions it carries out with them, and from any unlawfulness of such data; no fault in this regard may be attributed to BurtiNET.

BurtiNET does not review or verify pages before they are published and assumes no responsibility for user content. BurtiNET has the right to delete content and terminate the account without notifying the customer when it becomes aware of unlawful acts. Account security and password management are the Customer’s responsibility; BurtiNET cannot be held liable for losses arising from unauthorized use.

Important: If payments are not made for add-ons purchased for the services, such as Dedicated IP, Additional RAM or Additional Disk Space, the hosting service may be interrupted or suspended. If you do not wish to use an add-on, you must submit a cancellation request through the panel; unless it is cancelled, the service will remain suspended.

Payment and Fees

The fee payable for the Services is the amount specified at the time of ordering. Fees are calculated with VAT included at the time of ordering, shown to the Customer and then collected. The payment method and period (monthly, yearly, etc.) are specified in the order.

• BurtiNET reserves the right to make prospective changes to prices and tariffs without prior notice. The Customer is deemed to have accepted these changes.
• If the fee is denominated in a foreign currency, it is converted into Turkish lira at the Yapı Kredi Bank selling rate on the invoice date. For USD-based products (hosting, servers, IP, licenses, SSL), prices are determined according to the daily USD/TRY exchange rate.
• Unless otherwise stated in the order or in a special agreement, the fee must be paid by credit card or to the bank accounts listed in the customer contact address by the end of the 3rd business day following the invoice date.
• In the event of late payment, BurtiNET reserves the right to issue an exchange rate difference invoice and to suspend/reactivate the service until the customer makes payment. Credit card details are not stored on BurtiNET’s systems or databases; payments are processed through a secure payment infrastructure.

Hosting and Service Usage Rules

The service provided is a website hosting (Web Hosting) service; it is not file hosting. Compliance with the following rules is mandatory:

Image/video upload-download-viewing services may not be hosted on the servers. BurtiNET is not responsible for image/video content uploaded by third parties; the service owner is legally responsible for any related copyright-infringing or obscene content.

Sending bulk e-mail (spam) is strictly prohibited. Where such sending is detected, the service will be blocked; in the event of repetition, the service will be cancelled and no refund of payments will be made. If the IP block is added to e-mail blacklists, the fee required for remediation may be charged to the person who caused it; the Customer agrees to pay this fee without objection.

On Reseller/Linux hosting, no guarantee is given for sending/receiving e-mail; whether the e-mail service is provided depends on company policy and current conditions. Accordingly, no material or non-material liability that may arise from this can be attributed to BurtiNET.

For services that include a site migration guarantee, BurtiNET does its best; however, no guarantee is given as to the duration or success of the migration. Data loss or outages may occur due to differences in the infrastructure of different companies; BurtiNET is not responsible for such situations. The Customer accepts the migration having taken a backup and being aware of the possible risks.

Resource usage: The allowance for high daily CPU/RAM/MySQL usage is generally 35%; this limit applies to sustained usage. A service exceeding this limit will be suspended; the customer undertakes to resolve the issue within 24 hours. If no corrective action is taken, the service will be stopped completely and no refund will be made. Accounts that use the server in a way that obstructs other customers’ services will be suspended.

Domain Names, Backups and Data Responsibility

Domain name operations

BurtiNET carries out domain name registrations that have been ordered and paid for. The Customer is the owner of a domain name that has been registered and paid for. The Customer is obliged to submit requests for editing, modifying and transferring the domain name as soon as possible. Domain names registered by BurtiNET (com, net, org, etc.) are under no circumstances transferred to The Directi Group or OnlineNIC. For domain names with the .TR extension, BurtiNET is an authorized reseller of DH Bulut Bilişim A.Ş., a TRABİS-accredited registrar.

Backups and data loss

The obligation to back up and store customer data rests with the Customer. BurtiNET subjects customer data to regular backup and maintenance; nevertheless, BurtiNET is not liable for outages or data loss. BurtiNET does not back up sites whose total size for a single account, including FTP, SQL, logs and e-mail, exceeds 2 GB. BurtiNET cannot be held liable for damages arising from data loss; the Customer is obliged to save its own data regularly.

Expired domain names, hosting or other services may be suspended or cancelled after their term ends. There is no data retention obligation after the cancellation of expired or unpaid services.

Suspension and Termination

Suspension: In the event of a payment problem, a credit card authorization issue or a breach of the provisions of the agreement, BurtiNET reserves the right to suspend all services provided to the Customer (including e-mail, web and FTP accounts). During this period, no access can be made on behalf of the Customer and incoming e-mails may be rejected.

Termination (by BurtiNET): If the Customer acts in breach of the provisions of the agreement, if the information it has declared is found to be false, or if a suspension lasts more than 7 days, BurtiNET has the right to terminate the agreement unilaterally without warning or notice. Following such termination, the Customer may not reclaim the last contract fee it paid, regardless of the remaining term, and agrees to pay commercial penalty compensation equal to 5 times the equivalent contract fee in force on the date of termination.

Termination (by the Customer): The Customer has the right to terminate the agreement at the end of its term without giving any reason, provided that it gives written notice 10 days before the agreement expires at the end of its normal term. If the Customer terminates the agreement before the end of its term, one-half (1/2) of the fees payable until the end of the agreement shall be paid in a lump sum and in advance.

The services of individual/corporate customers who direct profanity, insults, threats or unfounded accusations at BurtiNET officers or employees may be suspended or cancelled; in that case, no refund of payments will be made. BurtiNET cannot be held liable for requests sent by the Customer by e-mail not being processed in time; the actual operations are carried out through the control panel. Information provided via a support ticket or the registered e-mail address is deemed to have been “given”; BurtiNET is not responsible for actions taken after such information has been provided.

Contact, Notices and Competent Court

For notices arising from the agreement, the parties accept the postal addresses specified in the order as their legal domicile. Notices served to these addresses are deemed to have been served even if they do not reach the recipient. Unless a change of address is notified to the other party in writing, the previous address remains valid.

BurtiNET may send messages, information, warnings, payment notices and account statements to the e-mail address allocated to the Customer or declared by the Customer. The Customer may not claim that these messages were not received and accepts that the messages are deemed to have been served 1 day after the date on which they were sent.

Default in payment of fees

If the Customer does not make payment for the services it receives within 7 days following the application date, it is deemed to be in default. In that case, BurtiNET may issue an exchange rate difference invoice and claim default interest of 15% per month from the invoice date. In the event of legal action or enforcement proceedings, default interest of 15% per month, a penalty of 50% of the outstanding debt, attorney’s fees of 10% and other legal costs are charged to the Customer. It is accepted that BurtiNET is entitled to obtain precautionary attachment and injunction orders without providing security, and that, if security is required, bank commissions and fees are borne by the Customer.

Competent court and final provisions

The Istanbul Anatolian Courts and Enforcement Offices have jurisdiction over disputes arising from this agreement. Any compensation payable to the Customer for damages for which BurtiNET may be liable is limited to one month’s fee of the amount paid for the service/product.

BurtiNET may add, remove or amend clauses if it deems it necessary. The Customer declares that it accepts these changes in advance. The agreement is deemed to have been read, understood and signed by the parties; the signature is deemed to have taken place when the order is sent to BurtiNET over the internet.