SERVICE AGREEMENT
1. Parties to the Agreement
This Service Agreement ("Agreement") is entered into between the following parties:
Service Provider:
- Trade Name: Bahadır Acar Modeser
- Tax Office / No: Yenimahalle Tax Office / 0020473461
- Address: Demetlale Mh. 406. Cd. No:83/2 Yenimahalle/ANKARA PK:06200, Türkiye
- Phone: +90 (312) 911 6377
- E-mail: destek@modeser.com
- Registered Electronic Mail (KEP): bahadir.acar@hs01.kep.tr
- Web: modeser.com.tr
Customer: The natural or legal person who purchases services through the modeser.com.tr website.
2. Definitions
- Consumer: A natural or legal person acting for purposes which are outside the scope of trade, business, craft, or profession, as defined in Article 3 of Law No. 6502 on the Protection of Consumers.
- Merchant: A natural or legal person carrying out commercial activities as defined in Article 12 et seq. of the Turkish Commercial Code No. 6102.
- Services: Design, domain registration, software, hosting, server, SSL, advertising, and corporate services provided by the Service Provider.
- Distance Contract: An agreement concluded electronically without the physical presence of the parties, within the scope of Law No. 6502 and the Distance Contracts Regulation.
3. Subject Matter of the Agreement
This Agreement governs the provision of the Services offered by the Service Provider via modeser.com.tr, the terms of use, and the rights and obligations of the parties.
4. Integral Agreements and Documents
The following documents are integral parts of this Agreement. By ordering the Services, the Customer declares to have read and accepted these documents:
5. Provision and Use of Services
- Nature: The Services are electronic digital content and services customized according to the Customer's needs.
- Conditions of Use: The Customer undertakes to use the Services solely in compliance with applicable laws and ethical standards. Sharing the Services with third parties, reselling, or using them for malicious purposes is prohibited.
- License Rights: Use of the Services grants a limited, non-transferable, and non-exclusive license, subject to the conditions set forth in this Agreement.
6. Pre-Contractual Information and Distance Contract Provisions
- The Customer has been informed prior to the order about the essential characteristics of the Service, total price, payment and performance terms, the Service Provider's identity, and the right of withdrawal.
- The order is established by the Customer's electronic confirmation; the Service Provider electronically confirms receipt of the order to the Customer.
- The Customer has the opportunity to correct input errors during the order process.
7. Right of Withdrawal
- Right of Withdrawal: A Customer who qualifies as a Consumer has the right to withdraw from this Agreement within 14 (fourteen) days from the date of its conclusion, without giving any reason and without incurring any penalty.
- Withdrawal Notice: The right of withdrawal is exercised by written notice to destek@modeser.com or to the KEP address.
- Exceptions to the Right of Withdrawal (Article 15 of the Distance Contracts Regulation): The right of withdrawal cannot be exercised in the following cases:
- Digital content not supplied on a tangible medium, the performance of which has begun with the Customer's prior consent (such as domain registration/transfer, SSL certificate installation, instantly activated hosting services, paid software licenses, etc.);
- Services prepared specifically for the Customer in accordance with the Customer's specific requests and requirements (such as custom design, custom software development, etc.);
- Advertising/campaign services for which performance has commenced and cancellation is not accepted with the Customer's consent.
- In services falling under the exceptions to the right of withdrawal, the Customer is deemed to have acknowledged this condition during the order.
- Refund procedures shall be carried out in accordance with the Refund and Return Policy.
8. Pricing and Payment
- Fees: Service fees are the amounts indicated on the website at the time of the order, including VAT (unless otherwise stated).
- Fee Changes: The Service Provider reserves the right to change the fees. However, any such changes shall apply only to new orders and future renewal periods. Fee changes applicable to renewal periods shall be notified to the Customer by e-mail a reasonable time (minimum 30 days) before the renewal date. The Customer has the right not to renew if they do not accept the notified new fee.
- Payment Terms: Fees are collected as advance payment at the time of the order. If renewal fees are not paid prior to the renewal date, the service may be suspended and subsequently terminated.
- Default Interest: In case of payment delay, advance interest/default interest may be applied to Merchant Customers in accordance with the provisions of the Turkish Code of Obligations and the Turkish Commercial Code.
9. Intellectual Property
- Ownership: All intellectual and industrial property rights (including copyrights, trademark rights, design rights, and trade secrets) relating to the Services belong to the Service Provider or its licensors.
- Customer Content: The ownership of content uploaded by the Customer remains with the Customer; however, the Customer permits the Service Provider to process such content to the extent necessary for providing the Service.
- Infringements: In the event of an intellectual property infringement detected by the Customer's actions, the Service Provider has the right to suspend the service and pursue legal remedies.
10. Protection of Personal Data and Privacy
- The Service Provider acts as the data controller within the meaning of Law No. 6698 on the Protection of Personal Data (KVKK / PDPL).
- Details regarding the purposes of processing personal data, legal grounds, recipients, retention periods, and the rights of the data subject under Article 11 of the PDPL are set out in the Personal Data and General Privacy Agreement and the Disclosure Statement.
- Commercial Electronic Messages: Electronic messages sent by the Service Provider for promotional, campaign, or informational purposes shall only be sent with the explicit consent of the Customer, within the framework of Law No. 6563 on the Regulation of Electronic Commerce and the Message Management System (IYS) regulations. The Customer has the right to reject these messages free of charge at any time.
- Cookies: Details regarding the use of cookies on the website are set out in the Cookie Policy.
11. Liability and Warranties
- Limited Warranty: The Services are provided "as is." The Service Provider does not warrant fitness for a particular purpose or uninterrupted performance.
- Limitation of Liability: The Service Provider shall not be liable for any indirect, incidental, special, or consequential damages (including loss of profit, loss of data, or loss of business) arising from the use of the Services. The Service Provider's liability for direct damages is in any case limited to the amount paid by the Customer for the disputed Service.
- Backup and Data Security: In all hosting services (including hosting, reseller hosting, WordPress hosting, VPS/VDS, and similar services), the responsibility for data security and regular backups belongs to the Customer. The rights and obligations of the parties regarding the backup service are governed by the Backup Service Agreement, which forms an integral part of this Agreement. By using the Services, the Customer declares to have read and accepted the Backup Service Agreement.
- Hosting Provider Responsibility: In services where the Service Provider qualifies as a "hosting provider" within the meaning of Law No. 5651, it fulfills the obligations stipulated by the said legislation; however, it has no obligation to pre-screen content uploaded by the Customer. Notices of unlawful content may be sent to destek@modeser.com.
12. Force Majeure
Events beyond the reasonable control of the parties, such as natural disasters, war, epidemics, terrorism, strikes/lockouts, cyberattacks, general failures of internet infrastructure, power outages, and administrative or judicial decisions, shall be considered force majeure. If a party is unable to fulfill its obligations due to force majeure, it shall notify the other party within a reasonable time. If the force majeure event lasts longer than 30 (thirty) days, either party shall have the right to terminate the Agreement without compensation.
13. Termination of the Agreement
- Termination by the Customer: The Customer may terminate the Agreement by not renewing the Service or by exercising the right of withdrawal. Refunds for early terminations shall be evaluated under the Refund and Return Policy.
- Termination by the Service Provider: The Service Provider may unilaterally terminate the Agreement without compensation in the following cases:
- Failure to pay fees on time (despite at least a 7-day grace period);
- Use of the Service in an unlawful manner, in a manner that infringes third-party rights, or that threatens server security;
- Material breach of other provisions of the Agreement.
- Data After Termination: After termination, Customer data may be deleted in accordance with applicable legislation and the provisions of the Backup Service Agreement. The Customer is solely responsible for backing up its data prior to termination.
- Rights and Obligations After Termination: Termination of the Agreement shall not affect rights and obligations that have already accrued between the parties.
14. Dispute Resolution
- This Agreement shall be governed by the laws of the Republic of Türkiye.
- For Customers Qualifying as Consumers: Consumer Arbitration Boards shall have jurisdiction within the monetary limits announced annually by the Ministry of Trade, and Consumer Courts shall have jurisdiction for amounts above these limits. Consumers may apply to the Arbitration Board/Court at their place of residence or where the Service Provider is located.
- For Customers Qualifying as Merchants: The Courts and Enforcement Offices of Ankara, Türkiye, shall have exclusive jurisdiction.
15. Miscellaneous Provisions
- Amendments: Amendments to the Agreement shall be made in writing; changes to fees and the scope of services shall be notified to the Customer within the framework of Article 8.
- Entire Agreement and Severability: This Agreement constitutes the entire agreement between the parties. The invalidity of any provision shall not affect the validity of the other provisions.
- Binding Effect and Assignment: The Agreement is binding on the parties and their successors; it may not be assigned without the written consent of the parties.
- Waiver: Failure to exercise a right or to enforce a breach shall not be deemed a waiver of the relevant right or provision.
- Notices: Notices shall be made to the e-mail addresses and KEP addresses specified in the Agreement, or by written/registered mail. Notices sent to the e-mail address provided by the Customer at the time of the order shall be deemed valid.
- Language of the Agreement: The original text of the Agreement is in Turkish. In case of translations into foreign languages, the Turkish text shall prevail.
- Stamp Duty: In cases where the Agreement is concluded electronically, any stamp duty liability that may arise under applicable legislation shall be borne by the parties in accordance with the relevant legal provisions.
16. Effective Date
This Agreement enters into force on the date the Customer electronically approves it on the modeser.com.tr website and/or purchases a service.
17. Signatures
- Service Provider: Bahadır Acar Modeser (Electronically signed.)
- Customer: Electronic approval via the website is accepted.
TERMS OF USE AGREEMENT
1. Introduction
These Terms of Use govern the conditions of use of the modeser.com.tr website (the "Site"), operated by Bahadır Acar Modeser ("MODESER"). Every user visiting or using the Site is deemed to have read and accepted these terms.
Operator Information:
- Bahadır Acar Modeser — Yenimahalle Tax Office 0020473461
- Address: Demetlale Mh. 406. Cd. No:83/2 Yenimahalle/ANKARA, Türkiye
- E-mail: destek@modeser.com — KEP: bahadir.acar@hs01.kep.tr
- Phone: +90 (312) 911 6377
2. Integral Documents
The following documents are integral parts of this Agreement:
3. Access to the Site
- Access Conditions: Access to the Site is free; however, some services are paid.
- User Account: A user account is required to benefit from certain services.
- Account Security: The User is solely responsible for the confidentiality of the username and password associated with their account, for all actions performed through the account, and for any damages arising through the account.
- Account credentials may not be shared with third parties.
- In case of suspected unauthorized access, the User must immediately notify MODESER.
- Shared use of the same account by multiple persons/companies is prohibited unless within the scope of the relevant service.
4. Intellectual Property Rights
- Copyright: All content, software, designs, logos, trademarks, and other intellectual property elements on the Site belong to Bahadır Acar Modeser or its licensors and are protected under Law No. 5846 on Intellectual and Artistic Works and Law No. 6769 on Industrial Property.
- Use Restrictions: Content may not be copied, reproduced, distributed, modified, used for commercial purposes, or used to create derivative works without the express written permission of MODESER. Personal and non-commercial viewing is excluded from these restrictions.
5. Use of the Site and Prohibited Conduct
The User undertakes not to engage in the following acts:
- Sharing unlawful, harmful, threatening, defamatory, or immoral content;
- Infringing the copyright, trademark, or other rights of third parties;
- Uploading malicious software, slowing down the system, or creating security vulnerabilities that may damage the Site infrastructure;
- Disrupting the operation of the Site through automated tools (such as bots, scraping, etc.);
- Gaining unauthorized access to other users' accounts or creating fake accounts.
When using the Site, the User is obliged to comply with all local, national, and international legislation, including Law No. 5651, Turkish Penal Code No. 5237, and Personal Data Protection Law No. 6698.
6. Hosting Provider Status and Content Notification
- MODESER qualifies as a "hosting provider" within the meaning of Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through Such Publications in respect of hosting services provided to users.
- MODESER is not obliged to pre-screen the content it hosts; however, upon notification of unlawful content, it carries out the necessary actions in accordance with the relevant legislation.
- Content Complaints and Notifications: May be sent to destek@modeser.com or to the KEP address.
7. Third-Party Links
The Site may contain links to third-party websites. MODESER cannot be held responsible for the content, privacy policies, or practices of these sites.
8. Protection of Personal Data and Cookies
- MODESER processes Users' personal data within the framework of Law No. 6698 (PDPL) and relevant legislation. The identity of the data controller, processing purposes, transfers, retention periods, and the rights of data subjects are explained in detail in the Personal Data and General Privacy Agreement.
- Details regarding cookies and tracking technologies used on the Site are set out in the Cookie Policy.
9. Changes and Updates
MODESER reserves the right to amend these Terms of Use and the content of the Site at any time. Changes become effective from the moment they are published on the Site. The User's continued use of the Site after such changes constitutes acceptance of the updated terms.
10. Disclaimer
- Disclaimer of Warranties: The Site is provided "as is"; no express or implied warranty is given as to it being uninterrupted, error-free, or fit for a particular purpose.
- Limitation of Liability: MODESER cannot be held liable for direct, indirect, incidental, special, or consequential damages arising from the use of the Site.
- Backup and Data Responsibility: In all hosting and related services purchased through the Site, backing up files, databases, e-mails, and other digital content is the User's responsibility. MODESER cannot be held responsible for data losses arising from hardware failures, software errors, cyberattacks, user errors, data corruption, natural disasters, or force majeure. Detailed conditions regarding the backup service are set out in the Backup Service Agreement, and the User is deemed to have accepted this agreement by using the Site.
11. Force Majeure
MODESER cannot be held responsible for any service interruptions or disruptions that may occur due to events beyond its reasonable control, such as natural disasters, war, epidemics, terrorism, cyberattacks, general failures of internet infrastructure, power outages, or administrative/judicial decisions.
12. Dispute Resolution
- Disputes arising from this Agreement shall be governed by the laws of the Republic of Türkiye.
- For users qualifying as Consumers, Consumer Arbitration Boards shall have jurisdiction within the monetary limits announced annually by the Ministry of Trade, and Consumer Courts shall have jurisdiction for amounts above these limits.
- For users qualifying as Merchants, the Courts and Enforcement Offices of Ankara, Türkiye, shall have exclusive jurisdiction.
13. Contact
For any questions, complaints, or notifications:
14. General Terms
These Terms of Use constitute the entire agreement between the User and MODESER and supersede all prior written and oral communications. The invalidity of any provision shall not affect the validity of the other provisions. The original text of the Agreement is in Turkish.
Turkey (Türkçe) 
