Terms of Use

Last updated on 03.07.2023

1. Parties

1.1 This agreement is entered into between DAL Information Technologies (referred to as "DALnetTR"), which provides the services specified in the services section (referred to as "Services"), and the individual/organization (referred to as "Customer") specified with the details provided in the New Customer Registration section, regarding the use of the website operated at https://www.dalnet.com.tr (referred to as "Site") owned by DALnetTR and the services to be purchased through this site, subject to the terms and conditions stated below.

1.2 The parties declare, accept, and undertake the accuracy of the information written in this agreement.

2. Subject

2.1 This agreement regulates the fees that the Customer will pay to DALnetTR in return for the services to be received by the Customer according to the sections permitted and not permitted by the Customer in their transactions, orders, and messages on the site, as well as the information provided during the registration process on the site. The descriptions of these services and transactions are as follows. 2.2: Membership information refers to the information entered by the Customer during the registration process. It is assumed that the Customer and the member have entered this information without errors, omissions, and accurately, as this information will be relied upon in the transactions.

3. Responsibilities

3.1.1 DALnetTR will provide the services submitted by the Customer as an order upon the Customer's request. By accepting the order confirmation, DALnetTR acknowledges that it has received the corresponding fee and undertakes to provide the service specified in the said order.

3.1.2 The payment method and VAT differences will be notified by DALnetTR in accordance with the total amount to be issued during the order, considering the Customer's monthly or yearly payment preferences.

3.1.3 Upon acceptance of the order and approval of the transactions, DALnetTR will provide the customer with the control panel, FTP, SQL, and email usernames and passwords related to the service specified in the customer's order, and the service will commence. The responsibility for the relevant accounts and passwords lies with the Customer, and the Customer will be liable for any damages or losses arising from these matters.

3.1.4 The Customer undertakes to comply with the statements and warnings received from DALnetTR as part of the services received. The Customer declares, accepts, and undertakes to comply with any warnings or notifications published by DALnetTR while using the hosting account. The Customer cannot distribute or sell the free and unlimited services provided to them as part of the hosting service, whether for a fee or free of charge, limited or unlimited, to third parties.

3.1.5 The Customer undertakes not to access files or programs to which they do not have access rights while using the software and programs they have as part of the service, not to create any problems due to such issues, and to bear any damages that may arise from such problems.

3.1.6 The Customer acknowledges and undertakes that they are responsible for and will fulfill any taxes, fees, and similar obligations that are in effect or will come into effect during the term of the contract, related to the use of domain names, hosting, or the services they have obtained.

3.1.7 The Customer acknowledges and undertakes that they are solely responsible for all files, documents, and programs hosted as part of the service, as well as for their website and email services, and all transactions they use and benefit from. The Customer accepts and undertakes to bear all legal and criminal responsibilities that may arise from the illegality of such data, information, and statements. Any fault cannot be attributed to DALnetTR regarding any problems that may arise in this regard.

DALnetTR does not review, verify, endorse, or assume any responsibility for pages that are not submitted, created, or made by users. DALnetTR may terminate the agreement if it believes that a user account violates these guidelines or is detrimental to its own or another user's business, for any reason. DALnetTR has the right to delete illegal files and actions without notifying the customer, from the moment it becomes aware of them.

3.1.8 DALnetTR shall not be held liable for any material or moral damages arising from the misuse of customer data, data content, or any data used in email communications. The responsibility for backup and storage of this data lies with the customer. DALnetTR will regularly back up and maintain all customer data. However, DALnetTR is not responsible for any errors, damages, or losses arising from interruptions or data loss that may occur in its services. In the regular backups conducted by DALnetTR, email accounts are backed up once every 3 months, including the "messages" within them. In weekly backups, email messages are excluded from the backup. It is recommended that these messages be regularly backed up by the customer using a POP3-supported software (such as Outlook, etc.). Unless otherwise specified in the contract, the responsibility for backing up this data lies with the customer.

3.1.9 DALnetTR will handle domain name registration processes for orders placed by the customer and for which payment has been successfully made. The customer is the owner of the domain name that has been registered and for which the registration request has been accepted with the corresponding fee paid. Domain names obtained under campaigns and promotions can be transferred after the next payment period has passed. DALnetTR may perform operations on the domain name according to the customer's requests. The customer will promptly submit any requests for edits, changes, or transfers related to the domain name.

3.2.0 DALnetTR performs email clean-up every 3 months on the servers to prevent excessive email accumulation. Therefore, emails older than 3 months are automatically deleted from our servers. It is recommended to back up important emails using software such as Outlook.

3.2.1 Unless otherwise specified, all our hosting packages have a daily limit of 350 email sendings per domain. Accounts that send more than 350 emails within 24 hours will have their email flow stopped.

3.2.2 DALnetTR will automatically start deleting messages older than 3 months when the number of messages in an email inbox exceeds 1,000, in order to prevent excessive email accumulation on the servers.

3.2.3 DALnetTR limits all Hosting and E-Mail packages to 100,000 objects (Inodes). DALnetTR reserves the right to suspend accounts that exceed this limit.

3.2.4 DALnetTR keeps the "php mail()" function disabled for unauthorized (spam) email sending on all shared hosting packages. PHP-based email sending can only be done by establishing an SMTP connection.

4. Duration

4.1 This agreement begins when the order and payment processes are submitted to DALnetTR through the internet, and the specified rights and obligations of the parties come into effect.

4.2 The duration of the agreement is equal to the payment period selected by the customer during the order process for the respective service.

4.3 Unless the parties notify the termination of the agreement at least 10 business days before the end of the agreement, the agreement will be extended for the same term and conditions as the previous agreement. (Changes in fees are reserved.)

5. Payment

5.1 The fee to be paid for the services specified in this agreement is the amount indicated during the ordering process. The specified fees are calculated by adding VAT afterward and shown to the customer for collection.

5.2 DALnetTR reserves the right to make changes to prices and tariffs without prior notice. The customer accepts, declares, and undertakes to accept any changes that may arise from these modifications.

5.3 The fee is payable in Turkish Lira by converting it based on the effective selling exchange rate of the Central Bank on the invoice date.

5.4 The customer is responsible for making the payment by the 5th business day from the invoice issuance date. If there is an instruction for payment by credit card during the order process, the payment will be deducted from the credit card account. If there is no instruction for payment by credit card, the customer is obliged to make the payment to the bank account numbers specified in the contact address or to DALnetTR in person.

5.5 DALnetTR reserves the right to issue a foreign exchange difference invoice in case of payment delay.

5.6 DALnetTR reserves the right to suspend the relevant service until the customer completes the payment.

5.7 Refunds are not provided for domain names, SSL certificates, and server services (co-location, dedicated, VPS virtual servers) as specified during the order.

6. Suspension

6.1 In case of payment problems, provision issues for customers with credit card payment instructions, or due to the provisions and obligations stated in the clauses, DALnetTR reserves the right to suspend all services provided to the customer, including email, web, and FTP accounts.

6.2 During this period, email, web, and FTP access cannot be made on behalf of the customer, and email accounts are blocked, resulting in the rejection of incoming emails.

6.3 The maximum CPU (Processor) and RAM (Memory) usage per hosted site on our servers is 15%. User accounts exceeding 15% will be suspended after the initial warning.

6.4 It is prohibited to host content on our servers that violates copyright or Turkish laws. This includes content related to hacking, cracking, warez, adult material, and MP3s.

6.5 The security of all software on our servers is the responsibility of our customers. Our company is not liable for any issues arising from Chmod 777 or related to your software.

6.6 Accounts identified for spamming (unwanted email sending) and phishing on our servers will be permanently closed upon notification from relevant authorities regarding these activities.

7. Termination

If the customer violates any provision of this agreement, fails to fulfill their responsibilities and commitments, or if it is determined that the information provided on the front side of this agreement is incorrect, DALnetTR has the right to unilaterally terminate the agreement without the need for any notice or warning, provided that the suspension of the agreement lasts for more than 7 days as mentioned above.

Following such termination, the customer acknowledges, accepts, and undertakes that they cannot request a refund for the remaining period, and they are liable to pay 5 times the commercial penalty corresponding to the prevailing contract amount at the time of termination.

The customer has the right to terminate this agreement before the end of the normal term without stating any reasons, provided that they give written notice 10 days in advance.

If the customer terminates the agreement before the end of the term, regardless of the remaining duration, they declare, accept, and undertake to pay half of the fees payable until the end of the agreement in full and upfront.

After 30 days from the termination of the agreement, DALnetTR has the right to delete files associated with the account.

8. Personal Data Protection Law - SMS and Email Permission Consent

8.1 In the context of discounts, campaigns, product/service activities, and fulfilling legal obligations, the communication channels and consents allowed based on the reviewed INFORMATION FORM are marked as follows.

8.2 Within the scope of granting CLEAR CONSENT for the processing of personal data; DALnetTR is granted permission to process my personal information, including but not limited to the products I have purchased, product categories, shopping preferences, personal information provided by me, and personal data obtained through cookies placed on the website, for the purposes of campaign notifications, new product announcements, sharing cross-shopping opportunities, promoting products and/or services, personalized campaigns, advertisements, targeting, analysis, verifying the identity information of shoppers through websites/mobile applications, recording and maintaining necessary information for communication, making required notifications, creating all records and documents serving as the basis for processing, performing obligations undertaken within the scope of distance selling contracts and Consumer Protection Law, providing information to public officials upon request and legal obligations, exercising legal rights, carrying out commercial activities and purposes of DALnetTR in compliance with legal regulations, transferring this information to its own or service providers it receives services from, domestically or internationally, for the purpose of storage as specified in the INFORMATION FORM, in accordance with the Personal Data Protection Law No. 6698 and relevant legislation. I confirm that I have read the information text and obtained a copy, and I am aware that I can request under Article 11 of the Personal Data Protection Law (as also specified in the Information Form) at any time regarding these data and I know my rights.

8.3 Customer, in case they want to partially or completely revoke the permissions/consents granted to DALnetTR within the scope of this consent/agreement or request information regarding their personal data, can utilize the following communication methods:

  • They can call the phone number 0850 885 5 325.
  • They can send an email to destek@dal.net.tr.
  • They can contact the Data Controller Representative through the DALnetTR Customer Panel at dal.net.tr.
  • They can submit their request in writing directly to our address.
  • They can utilize other communication/request methods specified by the Personal Data Protection Board (KVK Kurulu).

9. Communication and Information Addresses

9.1 The parties hereby acknowledge, declare, and undertake that their postal addresses specified in the order address shall be deemed as their legal residences for any kind of notification arising from this agreement.

9.2 Any notification made to these addresses shall be deemed as delivered, even if it does not physically reach the parties. Unless changes to these addresses are notified in writing to the other party, the previous addresses shall remain valid.

9.3 DALnetTR may send messages, information, letters, notices, payment notifications, account transaction statements, and account statements to the customer's designated email address during the term of the agreement. The customer acknowledges, accepts, and undertakes that they cannot claim non-receipt or non-delivery of such electronic communications, and these communications shall be legally deemed as delivered one day after the date of sending.

10. Default in Payment of Fees

10.1 If the customer fails to make the payment within 7 days following the application date for the services received, they shall be considered in default. In such cases, DALnetTR may issue an exchange rate difference invoice and, if desired, demand a monthly default interest of 15% starting from the date of the invoice. The customer acknowledges and accepts the obligation to pay this default interest and exchange rate difference invoice.

10.2 In the event that DALnetTR initiates legal or execution proceedings for any outstanding receivables arising from this agreement, the customer acknowledges, accepts, and undertakes to pay a monthly default interest of 15%, a penalty equal to 50% of the outstanding debt, 10% of the Attorney's Fee, and all other legal expenses.

10.3 In the event that the customer applies to legal authorities for the collection of their receivables arising from this agreement and requests provisional attachment or provisional measures, the customer acknowledges, accepts, and undertakes that DALnetTR has the authority to obtain unsecured provisional attachment and provisional measure orders. However, in case the courts require a guarantee, the customer declares, accepts, and undertakes to pay any commissions and fees related to the guarantee letters obtained from banks and agrees not to raise any objections in this regard.

11. Authorized Courts and Enforcement Offices

11.1 This agreement consists of 11 clauses and subheadings and has been read, understood, and signed by the parties (Signing is deemed to have taken place when the order is submitted to DALnetTR via the internet). DALnetTR may add, remove, or modify clauses and subheadings as deemed necessary. The customer declares and undertakes that they have previously accepted these changes.

11.2 Istanbul Bakırköy Courts and Enforcement Offices shall have jurisdiction over any disputes arising from the implementation of this agreement.