SERVICE AGREEMENT – PRELIMINARY INFORMATION

1. Parties

On the one hand; PremierDC Veri Merkezi A.Ş., residing at “Otakçılar Cad. No: 78 Floor: 4 Flat Office Eyüp/İstanbul” (Bayrampaşa Tax Office, Tax No: 4630494683) (hereinafter referred to as the “SERVICE PROVIDER”), and on the other hand; the real or legal person whose information is obtained through the registration form available on the SERVICE PROVIDER’s website “www.sh.com.tr” (this website) by purchasing the SERVICE PROVIDER’s products/services (hereinafter referred to as the “CUSTOMER” and/or “YOU”), have accepted this Preliminary Information Form and Service Agreement (briefly the “Agreement”) under the terms and conditions set forth below.

Hereinafter in the Agreement; the CUSTOMER/YOU and the SERVICE PROVIDER may be individually referred to as a “Party” and collectively as the “Parties”.
*For customers who are not citizens of the Republic of Türkiye, identification card or passport information of the country of residence may be requested if deemed necessary.

2. Subject and Purpose of the Agreement

The subject of this Agreement is to define the rights and obligations of the parties regarding the sale and use of the products and services ordered by the CUSTOMER, the sales prices and characteristics of which are specified during the ordering process, offered for online sale via the SERVICE PROVIDER’s website “www.sh.com.tr” or another website directed by the SERVICE PROVIDER, and for Customers who qualify as consumers, the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188) shall apply.

By accepting this Preliminary Information Form and Service Agreement, the CUSTOMER acknowledges and agrees in advance that upon approving the order subject to the Agreement, they will be obliged to pay the order amount and any additional fees such as shipping costs and taxes, if applicable, and that they have been informed accordingly.

Your acceptance of this Agreement electronically also means that you have read, understood, agreed to, and accepted the binding nature of this Agreement and the General Terms of Use, Privacy – Security Policy, Operational Working Conditions, and any product/service-specific agreements referenced herein and published on the “www.sh.com.tr” website, within the scope of the Regulation on Distance Sales and relevant Consumer Legislation, and that you have been duly informed in accordance with Law No. 6502 on the Protection of Consumers – Regulation on Distance Contracts.

3. Effective Date and Term of the Agreement

3.1. The term of this Agreement shall commence as of the date of provision (activation) of the requested product/service following the CUSTOMER’s online purchase request (order) via the SERVICE PROVIDER’s website “www.sh.com.tr” or another website directed by the SERVICE PROVIDER. The activation date shall be determined based on the SERVICE PROVIDER’s records.

3.2. The term of the Agreement shall be equal to the product/service usage period selected by the CUSTOMER at the time of ordering.

3.3. In the event of an extension of the Agreement term, any changes in prices shall be reflected to the CUSTOMER and billing shall be made based on the current prices.

3.4. Except for termination by the CUSTOMER with written notice due to a justified reason arising from the SERVICE PROVIDER, no refund shall be made to the CUSTOMER by the SERVICE PROVIDER in case of early termination of the Agreement before its expiry.

4. Notifications

4.1. The SERVICE PROVIDER shall use the electronic mail address notified by the CUSTOMER for all notifications to be made to the CUSTOMER, including service renewals. The responsibility for ensuring that this address is valid, belongs to an authorized person related to the received services, and is kept up to date lies with the CUSTOMER. Acknowledging that the CUSTOMER is aware of the service renewal periods, the CUSTOMER agrees that they shall not hold the SERVICE PROVIDER liable for any disruptions in services that may occur due to any problems or delays arising under any circumstances in the electronic mail notifications regarding renewal transactions made by the SERVICE PROVIDER.

4.2. The CUSTOMER declares, accepts, and undertakes that the information notified to the SERVICE PROVIDER during registration and/or after starting to use the service is accurate and up to date; that they shall not claim any rights or compensation from the SERVICE PROVIDER due to disruptions or damages arising from inaccurate, incomplete, or outdated information; that the identity and contact details and electronic mail address provided are valid, accurate, and complete and shall be accepted as such by the SERVICE PROVIDER; that unless otherwise notified in writing by the CUSTOMER, all notifications and invoicing transactions to be made by the SERVICE PROVIDER shall be carried out based on this information; that the information provided is followed by an authorized person on the CUSTOMER side with respect to the services subject to this Agreement; and that they shall notify the SERVICE PROVIDER in case of any changes. Any liability arising from the inaccuracy, incompleteness, or outdated nature of such information shall belong solely to the CUSTOMER.

4.3. Following the acceptance of the order and approval of the transactions, the CUSTOMER may use the service by making the necessary configurations related to the services via the CUSTOMER control panel. In cases where the purchased service requires manual intervention outside the control panel, the SERVICE PROVIDER shall perform the necessary work and provide the CUSTOMER with the required information for use, and the service shall be deemed to have commenced. The responsibility for keeping the information up to date on the Customer Control Panel allocated electronically and for maintaining the confidentiality of the username and password provided lies with the CUSTOMER, and the CUSTOMER shall be responsible for any damages or losses arising therefrom.

4.4. The CUSTOMER agrees that informational emails regarding campaigns and products/services may be sent by the SERVICE PROVIDER to the electronic mail address notified by the CUSTOMER and that the CUSTOMER’s name may be displayed as a reference by the SERVICE PROVIDER on its website or through other channels.

5. Fees, Invoicing, and Payment

5.1. The fee to be paid for the services purchased by the CUSTOMER shall be the amount specified during the order process. VAT and any other legally required taxes shall be calculated by adding them afterward, and upon the CUSTOMER’s approval after being displayed, the collection shall be carried out.

5.2. Fees related to the purchased service shall be specified during the order process. The CUSTOMER agrees to make payment at the time of requesting the service from the SERVICE PROVIDER in return for the purchased services and products (“service(s)”). Payment shall be made by the CUSTOMER using one of the payment methods offered on the SERVICE PROVIDER’s website.

5.3. In payments to be made in foreign currency, payment shall be made based on the Foreign Exchange Selling Rate of the Central Bank of the Republic of Türkiye on the payment date.

5.4. If, for any reason, the SERVICE PROVIDER cannot fully collect the service fees from the CUSTOMER or encounters any issues regarding any payment previously collected (e.g., payments made with stolen credit cards), the SERVICE PROVIDER shall be entitled to resort to all administrative, procedural, judicial, and criminal remedies for the collection of such fees, and the CUSTOMER acknowledges and declares being aware of this.

5.5. In cases where the CUSTOMER fails to make payment or make payment on time at the commencement or renewal of the Agreement, or where issues arise in the payment made / payment is made with a stolen credit card, etc., the SERVICE PROVIDER may, without prejudice to its other legal rights, immediately cancel, suspend, and/or restrict the service without prior notice. The CUSTOMER accepts this.

5.6. The SERVICE PROVIDER reserves the right to charge a reasonable service fee at all times for tasks outside the scope of its regular services and for additional service or product requests. These include, but are not limited to, customer service issues that cannot be resolved via email and require personal service, and disputes requiring special services, etc. Such charges shall be invoiced as appropriately as possible to the CUSTOMER’s registered Payment Method with the SERVICE PROVIDER.

5.7. In the event of renewal of the order/Agreement term, the CUSTOMER shall be obliged to pay the current fee of the service whose term is extended as of the renewal date. Otherwise, the measures specified in Article 5.5 above may be taken by the SERVICE PROVIDER, and the SERVICE PROVIDER may issue a foreign exchange difference invoice arising from late payment and apply a monthly late payment interest of 2% from the due date until the actual payment date.

5.8. The SERVICE PROVIDER reserves the right to make prospective changes to prices and tariffs without prior notice. The CUSTOMER hereby accepts, declares, and undertakes such changes in advance.

5.9. If the CUSTOMER makes payment by credit card during service purchase and selects the automatic payment option, the CUSTOMER accepts that the service fee shall be automatically charged from the entered credit card during the service renewal period, that no refund shall be made, and that the SERVICE PROVIDER shall not be held liable for any problems and/or delays arising from the inability to collect payment from the credit card. The CUSTOMER accepts that if payment is not made on time, service renewals shall not be carried out and that the SERVICE PROVIDER shall not be responsible for any interruptions/delays in the provided services, and that the CUSTOMER shall not claim any compensation.

5.10. Upon the CUSTOMER’s acceptance of this Agreement and approval of the order, the SERVICE PROVIDER shall have the right to collect the fees for the purchased services from the credit card account provided by the CUSTOMER during the order process.

5.11. The said fees do not include taxes. Taxes calculated in accordance with the relevant tax legislation for all services provided to the CUSTOMER under this Agreement shall be invoiced to the CUSTOMER together with the service fees. Any changes in tax rates

arising or any new taxes imposed on the SERVICE PROVIDER following changes in such taxes shall be reflected to the CUSTOMER.

5.12. Invoices issued by the SERVICE PROVIDER for services purchased by the CUSTOMER shall be sent to the invoice address specified by the CUSTOMER via mail, email, courier, cargo, registered electronic notification address, e-invoice, or another method agreed upon by the parties. The CUSTOMER may also access copies of issued invoices via the SERVICE PROVIDER’s web-based interface and is obliged to monitor such invoices through this interface. If the invoice sent by one of the above methods does not reach the CUSTOMER, the CUSTOMER must notify the SERVICE PROVIDER within 10 days following the invoice date; otherwise, the CUSTOMER undertakes not to raise any objections regarding invoices that were not received or received later.

5.13. In cases where used within the scope of the services received, price increases applied by infrastructure service providers such as Türk Telekom and Boğaziçi Elektrik Dağıtım A.Ş. may be reflected to the CUSTOMER by the SERVICE PROVIDER, and in such cases, the SERVICE PROVIDER shall notify the CUSTOMER of the price changes one (1) month in advance. The CUSTOMER accepts this in advance.
*Services whose service period has expired and have been deleted may be recovered within a maximum of 2 months from the deletion date for an additional fee. For information regarding recovery fees, please submit a support request via your control panel.

6. Termination

6.1. During the term of the Agreement, if one of the Parties fails to fulfill its obligations specified in this Agreement, the general terms of use, or the agreement related to the purchased service(s) for more than seven (7) days, or if it is determined that the information declared by the CUSTOMER to the SERVICE PROVIDER is inaccurate, the other Party may unilaterally and immediately terminate the Agreement. In case termination occurs due to the CUSTOMER’s breach of obligations or misrepresentation, the CUSTOMER declares, accepts, and undertakes that they shall not be entitled to request a refund regardless of the remaining term, and that in the event of monthly payments, all payments due until the end of the order term shall become immediately due and payable.

6.2. The CUSTOMER has the right to terminate the agreement related to the purchased service at any time during its term without providing any justification, provided that written notice is given at least 10 days in advance. However, in such termination, the CUSTOMER declares, accepts, and undertakes that they shall be obliged to pay in advance the fee corresponding to the period until the normal expiration date of the relevant Agreement and/or service, and that if such fee has already been paid, no refund shall be requested.

6.3. Upon termination of this Agreement for any reason, the responsibility for transferring configurations, data, content, etc. belonging to the CUSTOMER’s systems shall rest with the CUSTOMER. If such data is not transferred prior to the termination date, all content shall be deleted, and no copy shall be provided by the SERVICE PROVIDER.

6.4. In the event of termination of the Agreement for any reason, all power connections of any servers, cabinets, etc. used by the CUSTOMER shall be disconnected. Inventory not owned by the SERVICE PROVIDER or not pledged as collateral for receivables must be collected from the SERVICE PROVIDER’s address within 3 (three) days from the termination date of the Agreement. Otherwise, the SERVICE PROVIDER shall bear no responsibility for such inventory and shall not be obliged to pay any compensation arising from the inability to use the inventory.

7. Liabilities

7.1. The CUSTOMER declares, accepts, and undertakes that they shall comply with the notifications and warnings communicated by the SERVICE PROVIDER within the scope of the services received. The CUSTOMER may not distribute or sell the services provided to them free of charge and/or without limitation to third parties, whether for consideration or free of charge.

7.2. If the CUSTOMER receives shared hosting services and causes disruptions to other customers’ services of the SERVICE PROVIDER due to excessive system load or security vulnerabilities created by their website, etc., the CUSTOMER accepts that their services may be suspended.

7.3. The CUSTOMER accepts that in the event of exceeding quotas within the scope of any purchased service, the service shall be automatically suspended. Quota limits vary depending on the scope and content of the purchased service, and the CUSTOMER shall be informed in case of an exceedance.

7.4. The CUSTOMER declares, accepts, and undertakes to act in compliance with the laws of the Republic of Türkiye, Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through Such Publications, and public morality and decency in electronic mail communications, web publications, and all transactions related to this subscription, and that they are solely responsible for the content of their own or their customers’ web pages, FTP, and other Internet services.

7.5. The CUSTOMER is responsible for the installation, licensing, configuration, and all software-related processes and any issues arising therefrom with respect to the services received. The SERVICE PROVIDER shall not be responsible for the actions of the CUSTOMER or the information provided by the CUSTOMER. If desired, the CUSTOMER may request to lease software licenses used via the SERVICE PROVIDER. Upon request by the SERVICE PROVIDER, the CUSTOMER is obliged to submit authorization, usage, and contractual information related to the licenses used.

7.6. The CUSTOMER may not lease, sell, transfer, or allow others to use the right of use granted under this Agreement; otherwise, the CUSTOMER accepts, declares, and undertakes that the Agreement may be terminated for just cause, that all damages arising therefrom shall be compensated, and that a contractual penalty amounting to at least the minimum contract fee shall be paid without the need for any legal notice or warning.

7.7. By signing this Agreement, the CUSTOMER acknowledges that they shall not acquire titles or statuses such as representative, agent, commercial proxy, partner, solution partner, or business partner of the SERVICE PROVIDER, and that they may not make such representations to third parties in commercial documents, promotional materials, brochures, advertisements, or on their website.

7.8. The CUSTOMER accepts, declares, and undertakes that if one or more of the prohibited activities listed below are carried out via the server allocated to the CUSTOMER, including attacks on internal or external networks or any illegal actions or activities adversely affecting the SERVICE PROVIDER’s database, the server shall be disabled by the SERVICE PROVIDER without further notice, that the fees paid up to that date shall not be refunded under any circumstances, and that the CUSTOMER shall compensate all damages arising therefrom. Within this scope, the CUSTOMER is obliged to comply with the laws of the Republic of Türkiye, the regulatory decisions of the ICTA (Information and Communication Technologies Authority), and the rules established and to be established by the SERVICE PROVIDER.

7.9. The CUSTOMER undertakes to comply with the laws of the Republic of Türkiye in relation to the services received. In cases where the CUSTOMER acts contrary to applicable laws and regulations through the services received, the CUSTOMER shall be solely responsible for such violations, shall compensate any damages incurred by the SERVICE PROVIDER and third parties, and shall indemnify and hold the SERVICE PROVIDER harmless from any claims.

7.10. In the event that the content published or hosted by the CUSTOMER causes authorized/official authorities to apply to the SERVICE PROVIDER, the CUSTOMER acknowledges that the SERVICE PROVIDER is obliged to comply with such official/authorized authority requests to the extent of its authority, that the CUSTOMER shall not make any claims in this regard, and that the CUSTOMER shall compensate all damages incurred by the SERVICE PROVIDER due to non-compliance with laws.

7.11. The SERVICE PROVIDER shall not be held responsible for any material or moral damages arising from the misuse of CUSTOMER data included within the provided services, data contents, or any data transmitted via email.

7.12. The backup of all data used within the scope of the services and the restoration of such backups are entirely the responsibility of the CUSTOMER. If the backup service is additionally purchased from the SERVICE PROVIDER, backup operations may be performed by the SERVICE PROVIDER.

7.13. The SERVICE PROVIDER reserves the right to suspend or completely terminate expired domain names, hosting, or other services provided after the end of their service period. The SERVICE PROVIDER has no obligation to retain any data records after the cancellation of expired or unpaid services.

7.14. The SERVICE PROVIDER may temporarily or permanently suspend any services that threaten, are threatening, or may threaten its services, without prior notice.

7.15. The CUSTOMER accepts that, due to operational requirements, the SERVICE PROVIDER may relocate its servers when necessary. Within this scope, an IP address allocated to the CUSTOMER may be replaced with a different IP address. The SERVICE PROVIDER does not guarantee the permanent preservation of allocated IP addresses. In case of an IP address change, the SERVICE PROVIDER shall notify the CUSTOMER of the new IP address(es) to be allocated at least two (2) weeks in advance. In such cases, the CUSTOMER shall also fulfill the obligations required to complete the change.

8. Physical Works

8.1. Following the execution of this Agreement, the CUSTOMER shall notify the SERVICE PROVIDER of the authorized persons assigned for maintenance/fault-related matters concerning the services and hardware in use and shall obtain the SERVICE PROVIDER’s approval. Any changes to such persons shall also be notified and approved. The SERVICE PROVIDER reserves the right to request changes to such authorized persons, and the CUSTOMER shall implement the required changes accordingly.

8.2. For maintenance activities specified in Article 8.1 above, the CUSTOMER shall notify the SERVICE PROVIDER in advance and agree with the SERVICE PROVIDER on the maintenance date, time, duration, and authorized personnel. In case of malfunctions, the SERVICE PROVIDER shall enable the CUSTOMER to intervene as soon as possible. All work carried out by the CUSTOMER shall be performed under the supervision of personnel authorized by the SERVICE PROVIDER.

8.3. The CUSTOMER may not intervene with the hardware on the server; otherwise, all responsibility shall belong to the CUSTOMER. In such a case, the CUSTOMER accepts and undertakes to pay the full amount of any resulting damage to the SERVICE PROVIDER in cash, in full, and in advance, without the need for any notice or warning.

8.4. If the CUSTOMER fails to comply with the obligations specified in Articles 8.1, 8.2, and 8.3, fails to comply with security instructions/operational conditions notified by the SERVICE PROVIDER, or violates other obligations under the Agreement, the SERVICE PROVIDER reserves the right to deny the CUSTOMER physical access and to prevent such persons from entering the areas where the systems are located.

8.5. In cases where the CUSTOMER receives services from infrastructure providing shared services to other customers of the SERVICE PROVIDER, the SERVICE PROVIDER shall not be held responsible for any potential interruptions or attacks that may occur on such shared-service devices, despite taking all reasonable precautions.

8.6. The CUSTOMER declares, accepts, and undertakes that they are aware of and obliged to comply with the “ Operational Working Conditions ” annexed to this Agreement and continuously updated on the website, and that the SERVICE PROVIDER reserves the right to reject requests not deemed compliant with the Operational Working Conditions.

9. Internet Access Service

9.1. If the CUSTOMER has purchased internet access services, a control panel shall be provided through which the CUSTOMER may monitor line usage online at any time.

9.2. The SERVICE PROVIDER shall not be responsible for any damages, losses, or interruptions suffered by the CUSTOMER due to failures, errors, disruptions, or delays occurring on telecommunication lines beyond its control or within the systems of Internet Access Providers from which services are received. Accordingly, the CUSTOMER shall not claim any rights or compensation from the SERVICE PROVIDER. However, the Contractor shall exert maximum effort to remedy such issues.

9.3. If the CUSTOMER requests that internet access speed not be limited due to project requirements,

measurement shall be carried out based on the industry-standard “95th Percentile Model,” and Contractor reports obtained electronically shall be taken into consideration. Under the 95th Percentile Model, values measured at the end of the month are automatically sorted from highest to lowest by the electronic measurement system, the highest 5% peak values are excluded, and the highest value of the remaining 95% segment is accepted as the billable value, with line usage automatically determined accordingly.

9.4. In the event that the CUSTOMER exceeds the internet quota purchased via the SERVICE PROVIDER, the exceeded portion shall be charged additionally.

10. Prohibited Activities

The performance of the following activities using the SERVICE PROVIDER’s services is strictly prohibited. While the SERVICE PROVIDER is not obliged to monitor content, it reserves the right to suspend, restrict, or terminate user services upon detection of such activities.

10.1. Prohibited activities include, but are not limited to, all acts and behaviors deemed criminal under applicable laws.

i. Spam Transmission

Spam refers to the transmission of bulk and/or commercial messages over the internet without the recipient’s consent. Spam transmission damages the SERVICE PROVIDER’s commercial reputation and reliability and may also cause system overloads and degradation in service quality.

Users receiving services from the SERVICE PROVIDER may not engage in spam transmission or operate systems in an unsecured manner that facilitates spam or allows access by third parties.

ii. Crimes Against Intellectual and Artistic Works, Privacy, and Personal Rights

Acts constituting crimes under the Law on Intellectual and Artistic Works, Trademark Law, Turkish Commercial Code, Law on the Protection of Patent Rights, and other relevant legislation, as well as crimes against privacy and personal rights, fall within this scope.

iii. Phishing Attacks

Phishing involves deceiving users via fake websites and emails to obtain sensitive information such as identity details, credit card information, bank account numbers, and online banking passwords.

iv. Illegal or Unauthorized Access to Other Computers and Networks

Attempting unauthorized or illegal access to computers, user accounts, or networks belonging to others (hacking), as well as activities enabling illegal or unauthorized system access (such as port scans, stealth scans, etc.).

v. Distribution of Viruses, Worms, Trojans, and Similar Harmful Content

Activities such as transmitting internet viruses, Trojan horses, or actions like pinging, flooding, and mail bombing that may disrupt other users’ ability to utilize the SERVICE PROVIDER’s network or connected systems, services, or devices.

vi. Excessive Resource Usage on Shared Servers

Within the scope of hosting services, the SERVICE PROVIDER offers services on shared hardware platforms. If a hosted website generates excessive traffic or resource usage, excessive email sending/receiving occurs under email hosting services, or excessive CPU usage or traffic is generated on shared virtual servers, the SERVICE PROVIDER reserves the right to suspend services temporarily or permanently without prior notice in order to prevent adverse effects on other customers using the same hardware platform.

11. Right of Withdrawal, Its Exercise, and Conditions

11.1. Right of Withdrawal: Customers acting as consumers have the right to withdraw from the contract within fourteen (14) days without providing any justification and without paying any penalty. The withdrawal period begins on the date the contract is concluded for service contracts, and on the date the goods are delivered to the consumer or to a third party designated by the consumer for goods delivery contracts. However, the consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods.

11.2. Duration of the Right of Withdrawal:

In determining the withdrawal period:

a) For goods subject to a single order but delivered separately, the day on which the consumer or the third party designated by the consumer receives the last good,

b) For goods consisting of multiple parts, the day on which the consumer or the third party designated by the consumer receives the last part,

c) For contracts involving regular delivery of goods over a specified period, the day on which the consumer or the third party designated by the consumer receives the first good shall be taken as the basis.

In contracts where the delivery of goods and performance of services occur together, the provisions on the right of withdrawal regarding goods delivery shall apply.

11.3. Exercise of the Right of Withdrawal:

It is sufficient for the notification of withdrawal to be sent to the SERVICE PROVIDER before the expiration of the withdrawal period, in writing or via a durable data storage medium, to the SERVICE PROVIDER’s address, to info@sh.com.tr, or by opening a support ticket through the user control panel allocated to the CUSTOMER. The CUSTOMER may use the Withdrawal Form or submit a clear statement declaring the decision to withdraw.

11.4. The SERVICE PROVIDER shall refund all payments collected, including delivery costs if any, within fourteen (14) days from the date on which the notification of withdrawal is received.

11.5. Exceptions to the Right of Withdrawal

Customers who qualify as consumers may not exercise the right of withdrawal in the following contracts:

a) Contracts relating to goods or services whose prices fluctuate depending on financial market conditions and which are not under the control of the seller or service provider.

b) Contracts relating to goods prepared in line with the consumer’s requests or personal needs.

c) Contracts relating to the delivery of goods that are perishable or may expire quickly.

ç) Contracts relating to goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery and which are not suitable for return in terms of health and hygiene.

d) Contracts relating to goods that, after delivery, are mixed with other products and cannot be separated by their nature.

e) Contracts relating to books, digital content, and computer consumables presented in a tangible medium, if their protective elements such as packaging, tape, seal, or wrapping have been opened after delivery.

f) Contracts relating to the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.

g) Contracts relating to accommodation, transportation of goods, car rental, food and beverage supply, and leisure time activities for entertainment or relaxation purposes that must be performed on a specific date or period.

ğ) Contracts relating to services performed instantly in electronic form or intangible goods delivered instantly to the consumer.

h) Contracts relating to services whose performance has started with the consumer’s approval before the expiration of the withdrawal period.

12. Other Provisions

12.1. Notices: The addresses of the SERVICE PROVIDER specified at the beginning of this Agreement and the address provided by the CUSTOMER during the order process shall constitute the legal notification addresses. Notifications sent to these addresses shall be deemed valid unless address changes are notified to the other party in writing. If the CUSTOMER is among companies legally required to have a registered electronic notification address, the SERVICE PROVIDER may also send notifications to such address.

The SERVICE PROVIDER may send messages, information, notices, warnings, payment notifications, account activity statements, and account statements to the email address allocated to the CUSTOMER during the service period. The CUSTOMER declares, accepts, and undertakes that they cannot claim that such electronic communications were not received or did not reach them, and that such communications shall be deemed legally served one (1) day after the date of sending.

12.2. Force Majeure: Within the scope of this Agreement, natural disasters, fire, war, civil unrest, general strikes, and legal changes shall be considered Force Majeure events and shall be limited to these circumstances. In the event that the Parties fail to fulfill their obligations due to Force Majeure, the affected Party shall not be held liable for such failure. The Party affected by Force Majeure shall notify the other Party in writing of the extent of non-performance and the expected duration as soon as technically possible, but in any case no later than one (1) week from the occurrence of the Force Majeure event (“force majeure notice”). If the delay or non-performance ends, the affected Party shall immediately notify the other Party in writing. If the effects of the Force Majeure last longer than one (1) month and the affected Party cannot fulfill its obligations during this period, the other Party may terminate the Agreement unilaterally and without compensation.

12.3. Assignment and Transfer: The CUSTOMER may not assign or transfer any of its rights or obligations under this Agreement to any third party without the prior written consent of the SERVICE PROVIDER. Provided that the obligations under this Agreement are duly fulfilled, the SERVICE PROVIDER may assign and transfer its rights and obligations arising from this Agreement to its affiliates and partners. In the event of a change in the SERVICE PROVIDER’s capital and/or partnership structure valid as of the signing date of this Agreement, or a merger with another company, establishment of a new commercial partnership, acquisition of another company, or acquisition by another company, this Agreement shall remain in force.

12.4. Stamp Duty and Other Taxes: The stamp duty arising from this Agreement shall be paid by the SERVICE PROVIDER and invoiced to the CUSTOMER. All other taxes, duties, fees, and similar financial obligations arising from this Agreement shall be borne by the CUSTOMER.

12.5. Integral Annexes of the Agreement: The agreements published at www.sh.com.tr and accepted by the CUSTOMER by reading them, including the service-specific agreements prepared for the service received by the CUSTOMER (Domain Name Agreement, Hosting Service Agreement, Server Service Agreement), General Terms of Use, Operational Working Conditions, and Privacy Policy, constitute annexes and an integral part of this Agreement.

12.6. Disputes and Jurisdiction: Istanbul Çağlayan Courts and Enforcement Offices shall have jurisdiction over any disputes arising from the implementation of this Agreement. Customers who qualify as consumers may apply to the Consumer Arbitration Committee and/or Consumer Courts for the resolution of disputes.