Service and Usage Agreement

Service and Use Agreement

Last Updated: February 1, 2025

This Service and Use Agreement (hereinafter referred to as the "Agreement") regulates the rights and obligations between Smart M LTD (hereinafter referred to as the "Service Provider") and the individual or legal entity benefiting from the services (hereinafter referred to as the "Customer").

1. Parties

Service Provider:
Smart M LTD
22/F, 3 Lockhart Road, Wan Chai, Hong Kong
Web: https://hostingservisi.com.tr
Email: info@hostingservisi.com.tr

Customer:
The individual or legal entity who declares their identity and contact information during the service order process.

2. Subject of the Agreement

This agreement covers the terms of use for web hosting, VDS/VPS server, dedicated server, domain registration, SSL certificate and related additional services provided by the Service Provider.

3. Scope of Services

The Service Provider offers the following services within the ordered package:

• Web hosting (shared, cloud, reseller)
• VDS/VPS and dedicated server services
• Domain name registration and management
• SSL/TLS certificate services
• Email hosting services
• DNS management
• Technical support services

Detailed features of each service are specified on the relevant product page and in the order confirmation.

4. Account Creation and Security

• The Customer is obliged to provide accurate and up-to-date information during registration.
• The Customer is responsible for account security (password, access credentials).
• The Customer must immediately notify the Service Provider upon discovering unauthorized use of their account.
• The Service Provider reserves the right to temporarily suspend accounts upon detection of suspicious activities.

5. Payment Terms

• Service fees are billed at the amounts specified during the order.
• Payment must be made within the specified due period from the invoice date.
• Services may be suspended for overdue payments.
• Suspended services are reactivated within 24 hours at the latest after payment is made.
• Prices may be changed with prior notice. Price changes do not apply during the current contract period.
• All prices are exclusive of tax; applicable taxes are added to the invoice.

6. Refund and Cancellation Policy

• Web Hosting: Unconditional money-back guarantee within the first 14 days (for annual plans).
• VDS/VPS Server: Refund requests can be made within the first 3 days.
• Dedicated Server: Setup fees are non-refundable; monthly fee refund requests are accepted within 3 days.
• Domain: Domain registration fees are non-refundable (as per ICANN rules).
• SSL Certificate: Issued certificate fees are non-refundable.
• Refund requests must be submitted in writing to info@hostingservisi.com.tr.

7. Customer Obligations

The Customer agrees to comply with the following rules:

• Using services for lawful purposes only
• Not sending spam (unsolicited bulk email)
• Not hosting copyright-infringing content
• Not hosting or distributing malicious software (malware, viruses, trojans)
• Not engaging in DDoS attacks or activities that threaten network security
• Not hosting phishing websites
• Fair use of server resources (for shared hosting)
• Not hosting illegal content
• Avoiding activities that negatively affect other customers services

8. Service Provider Obligations

• Providing ordered services in accordance with contract terms
• Ensuring the security and sustainability of server infrastructure
• Notifying planned maintenance in advance
• Responding to technical support requests within a reasonable time
• Protecting customer data within the scope of the privacy policy
• Targeting at least 99.9% uptime annually (for network and server infrastructure)

9. Service Level Agreement (SLA)

• Network Uptime: 99.9% (on an annual basis)
• Hardware Guarantee: Faulty hardware is replaced within 4 hours at the latest
• Support Response Time: Normal requests 24 hours, urgent requests 4 hours
• Planned maintenance work is notified at least 24 hours in advance and performed during night hours when possible

In case SLA commitments are not met, proportional credit is provided for the affected period.

10. Service Suspension and Termination

The Service Provider may suspend or terminate services with prior notice, or without notice in emergency situations, in the following cases:

• Failure to fulfill payment obligations
• Violation of contract terms or usage policies
• Detection of illegal activities
• Activities causing damage to other customers or infrastructure
• Failure to heed repeated abuse warnings

The Customer may terminate the agreement at any time with written notice. Service continues until the end of the prepaid period.

11. Backups

• The Service Provider performs regular backups for disaster recovery purposes; however, these backups do not constitute a guaranteed backup service.
• The Customer is responsible for maintaining regular backups of their own data.
• In case of data loss, the Service Provider will endeavor to assist with restoration from available backups; however, it cannot be held liable for data loss.

12. Limitation of Liability

• The Service Provider cannot be held liable for service interruptions caused by force majeure events such as natural disasters, war, cyber attacks, or infrastructure provider outages.
• The maximum liability of the Service Provider is limited to the service fee paid by the customer for the period during which the interruption occurred.
• No liability is accepted for indirect damages, loss of profit, data loss or consequential damages such as business loss.
• The Service Provider is not responsible for security breaches resulting from the Customers own negligence.

13. Intellectual Property

• The Customer declares that they own the intellectual property rights to the content they host or that they hold the necessary licenses.
• The Service Provider reserves the right to remove content upon receiving copyright infringement notifications.
• The HostingServisi brand, logo and website content are the property of the Service Provider.

14. Agreement Changes

The Service Provider reserves the right to update this agreement. Changes are communicated by publishing on the website and/or by email notification. Continued use of services after changes constitutes acceptance of the updated agreement terms.

15. Governing Law and Dispute Resolution

This agreement is governed by the laws of the Hong Kong Special Administrative Region. In case of disputes between the parties, an amicable resolution is sought first. If no agreement is reached, Hong Kong courts shall have jurisdiction.

16. Contact

For questions about this agreement, you can contact us:

Smart M LTD
Address: 22/F, 3 Lockhart Road, Wan Chai, Hong Kong
Email: info@hostingservisi.com.tr
Web: https://hostingservisi.com.tr

This agreement comes into effect upon completion of the service order and remains valid throughout the service period.