This text is a draft and will be published after legal review.
This text sets out the framework of the agreement for Bulutlan cloud services. Service-specific prices, terms and conditions are stated in the order document or written quote.
1. Parties
Service provider:
- Trade name: NE EKERSEN BİLİŞİM YAZILIM TARIM DANIŞMANLIK PAZARLAMA TİCARET VE ARGE ANONİM ŞİRKETİ
- Address: Adatepe Mah. Doğuş Cad. No: 207Z İç Kapı No: 1 Buca, İzmir 35400 Türkiye
- Phone: 0 850 309 1 309
- E-mail: info@bulutlan.com
- Registered e-mail (KEP): neekersen@hs06.kep.tr
- Tax office and number: Şirinyer Tax Office, 6301170326
- MERSIS number: 0630117032600001
Customer: The individual or legal entity whose details appear in the signup form or order document.
2. Definitions
- Bulutlan: The brand the service provider uses for its cloud services.
- Services: Virtual servers, Kubernetes, storage, databases, networking, security, backup and related cloud infrastructure services.
- Infrastructure provider: RNG Technology, which operates the infrastructure the Services run on. Bulutlan is a reseller of RNG Technology.
- Platform: The Zadara Edge Cloud platform the Services run on.
- Bulutlan Console: The panel where the customer manages account status, settings and the Cloud Console link.
- Cloud Console: The platform interface where the customer manages cloud resources on a self-service basis.
- Order document: The order, quote or signup confirmation that sets out the scope of service, prices and special terms.
- Customer content: Any data, software and content uploaded to the Services by the customer or its users.
3. Subject
This agreement sets out the terms under which the Services are provided to the customer and the mutual rights and obligations of the parties.
4. Delivery of the Services
- The Services are delivered on the Platform, in data centers operated by the infrastructure provider.
- The customer creates, changes and deletes resources on a self-service basis through Cloud Console.
- The customer selects the region where the Services will be delivered during signup or in the order document.
- The scope, duration and limits of free trial and PoC accounts are communicated during signup or in the order document. These accounts may be closed at the end of the trial period.
5. Account and security
- The customer provides accurate and current information during signup.
- Two-factor authentication is required at every sign-in to Bulutlan Console.
- The customer is responsible for keeping credentials confidential and for actions taken through its account, and reports suspected unauthorized use without delay.
- The customer is responsible for the permissions it grants to its own users and for its role-based access settings.
6. Pricing and invoicing
- Prices are set by the current price list or the order document. Prices are in USD and exclude VAT.
- Monthly prices are calculated on the basis of 730 hours.
- The CPU and RAM components of server profiles are billed by the hours used. CPU and RAM of stopped servers are not billed.
- Disks, IP addresses, licenses, storage and similar items are billed at the monthly unit prices in the price list.
- The invoicing period, the exchange rate applied on invoices and the payment term are set out in the order document.
- Price changes are notified to the customer a reasonable time before they take effect.
7. Service level
- The service level commitment for Edge Cloud public cloud services is 99.9995%.
- For on-premises deployments, the service level is set out separately in the order document.
- The scope of the service level, the measurement method, exclusions such as planned maintenance and any service credits are set out in the SLA.
8. Support
- Standard support is included free with all Services: 24/7 infrastructure monitoring and support, response within up to 24 hours (best effort), phone, e-mail and remote sessions during business hours, and e-mail only outside business hours.
- Premium support is optional: 24/7 professional support, response within 1 hour (best effort), phone, e-mail and remote sessions during and outside business hours. The fee is 30% of the monthly service total, with a minimum of 100 USD per month.
9. Customer obligations
The customer:
- uses the Services in compliance with applicable law,
- does not use the Services for unsolicited messaging, attacks, hosting malware or activities that infringe third-party rights,
- is responsible for licensing the software it installs,
- is responsible for the security of its operating systems, applications and access settings,
- is responsible for backing up customer content unless it has purchased a backup service.
10. Personal data and customer content
- The customer controls customer content. As a rule, the customer is the data controller for customer content.
- The service provider and the infrastructure provider process customer content only as far as needed to deliver the Services, handle a support request or meet a legal obligation.
- Where customer content is hosted depends on the region the customer selects. In Türkiye regions, data stays within Türkiye.
- The parties comply with Law No. 6698 on the Protection of Personal Data and related legislation.
11. Confidentiality
Neither party discloses to third parties information learned under this agreement that is marked confidential or is confidential by nature, except where required by law. This obligation survives the end of the agreement.
12. Suspension and termination
- If payment obligations are not met, the Services are used unlawfully or there is a threat to the security of the infrastructure, the service provider may suspend the Services, with prior notice where possible.
- The customer may terminate the agreement by written notice. Services used up to the termination date are paid for.
- Either party may terminate the agreement if the other party breaches a material obligation and fails to remedy it after notice.
13. Data at the end of the agreement
- The customer is responsible for moving customer content to its own environment before the agreement ends.
- After the agreement ends, customer content is deleted at the end of the period stated in the order document.
- As stated by the infrastructure provider, customers using dedicated VPSA storage can, on request, receive the physical disks after the service ends. The conditions of such a request are set out in the order document.
14. Limitation of liability
To the extent permitted by law, neither party is liable for indirect damages or loss of profit. The service provider's total liability under this agreement is limited to the cap set out in the order document. Intent and gross negligence are excluded from this limitation.
15. Force majeure
During events beyond the parties' control, such as natural disasters, epidemics, war, widespread power or communication outages and decisions of competent authorities, the parties' obligations are suspended.
16. Notices
Notices between the parties may be given through the e-mail address registered on the customer's account, Bulutlan Console and the service provider's registered e-mail (KEP) address, neekersen@hs06.kep.tr.
17. Changes
The service provider may update this agreement. Material changes are notified to the customer before they take effect. If the customer does not accept a change, it may terminate the agreement.
18. Governing law and jurisdiction
This agreement is governed by the laws of the Republic of Türkiye. The courts and enforcement offices of İzmir have jurisdiction over disputes. Statutory rights of customers acting as consumers are reserved.
19. Entry into force
This agreement enters into force when the customer gives electronic approval during signup or signs the order document.
