1 - Sun Dedicated provides its services exclusively on the basis of these business terms and conditions. The terms shall also apply to all future business relations, even when not again formally stipulated.
2 - Any other terms or conditions are only effective when confirmed in writing by Sun Dedicated.
3 - Ancillary agreements or pledges by Sun Dedicated’s contractors which go beyond the scope of the particular contract, including these business terms and conditions, must be made in writing.

1 - The contract on the use of Sun Dedicated services comes into force when the primary contract is countersigned by Sun Dedicated. Sun Dedicated may require the conclusion of a contract to be dependent on submission of written authorization or pre-payment and a certificate of bond from a Turkish or Belgian bank.
2 - If Sun Dedicated requires the services of third parties to perform the services it offers, the third parties will not become contractual partners of the customer. Further, mutual use of the services on its own is no reason to suppose the existence a contractual relationship between Sun Dedicated’s customers.

1 - valid for at least 1 month of service use, beginning from the date of performance commitment. Differing performance periods must be appended to the contract in writing.
2 - Contracts may be cancelled at the end of the first period of usage. Cancellation must be made in writing by registered letter to Sun Dedicated a minimum of 14 days before the end of the period of usage, unless otherwise stated in the contract.
3 - If no notice of cancellation has been received 14 days before the end of the usage period, the contract is automatically extended by one month, or by the period stated in the contract.
4 - Notwithstanding other paragraphs, Sun Dedicated has the option of instant cancellation of contract, if:
(a) on the part of the customers, criminal contents such as extremism or radicalism in whatsoever form, the call to commit criminal offences or directions to commit criminal offences, willful slander, pornography or anything displayed in words, image or sound or available to download which contravenes current law.
(b) any erotic content appears on the site. This applies equally to advertising on a site.
(c) there are links to sites which contravene paragraphs 4 a to c.

1 - Sun Dedicated provides the customer with access to an existing communication infrastructure and the use of value-added services. The extent of the contractual performance is determined by the services described in the scope of performance.
2 - Performance covers an HTML service, email, FTP access for updating data and the services provided directly by Sun Dedicated.

1 - The customer is required to use the Sun Dedicated services in an appropriate manner. The customer is particularly required,
(a) to use Sun Dedicated’s services appropriately and ensure that bandwidth consumption is not disproportionate.
(b) to inform Sun Dedicated within the month of any modifications to the basic information in the contract, such as invoice address or payment details. If Sun Dedicated is obliged to carry out an address search, an administration fee of €50 can be imposed.
(c) to inform Sun Dedicated directly of any changes requiring allocation to a different tariff class.
(d) not to abuse access to Sun Dedicated’s services, to ensure no unlawful acts are committed and in particular to ensure that no criminal, pornographic or erotic contents are made available.
(e) to take into consideration and observe accepted principles of data protection.
(f) not to make available for download audio or video files or software, without Sun Dedicated’s written consent. This restriction does not apply to root servers.
(g) to report any defects or damage immediately (fault reports) and to take all necessary measures to help identify an error or damage and its cause.
(h) having reported an error and if tests have made clear that the error is the responsibility of the customer, to reimburse Sun Dedicated’s expenses incurred in testing customer equipment.
(i) to pay on the due date the payment as stipulated in the price information plus statutory Turkish VAT.
(j) to reimburse Sun Dedicated for all materials and personnel expenditure, and expenses incurred by contractual violation.
(k) not to send bulk emails – in particular SPAM.
(l) not to sell or make available to third parties the email addresses provided.
2 - Sun Dedicated is entitled to terminate the contractual relationship immediately and without notice should the customer contravene the obligations in paragraph 1 sections (c) and (d), or following unsuccessful written warning for the other paragraph sections.
3 - If the customer contravenes the obligations in paragraph 1 sections (a), (d), (f), (k) and (l), Sun Dedicated is entitled to bill according to volume of consumption rather than flat rate.
4 - details on interaction between users may be agreed as part of the user rules. Contravention of essential user rules after unsuccessful written warning, entitle Sun Dedicated to cancel a contract immediately without notice.

1 - Direct or indirect use of Sun Dedicated services by third parties is permitted.
2 - The customer must brief any third party on the correct use of the services.
3 - The customer must pay the appropriate tariff incurred by third-party authorized or unauthorized use of access and options.

1 - Sun Dedicated will invoice the customer for the services stipulated in the primary contract at the appropriate tariff or fees and conditions plus statutory Turkish VAT. Invoices are issued monthly or as stipulated in the contract.
2 - Stipulated payments must be made in advance.
3 - Other payments, in particular use-dependent variable payments (traffic fees) are paid according to service use.
4 - The customer shall pay for service and communication costs (telephone charges) between the customer and Sun Dedicated’s contact center.
5 - Sun Dedicated will provide details of usage in a suitable and – when possible – electronic form.
6 - If the customer does not wish to pay by direct debit, the invoice total must be credited to a bank account within the period given on the invoice. If the payment request is dealt with by a debt collection company, the deadlines detailed on the invoice must be observed. In the event of non-payment, Sun Dedicated is entitled to impose an administration fee and interest.
7 - Sun Dedicated is entitled outsource management of payment demands to a debt collection company.

1 - The customer may set off only undisputed or legally established claims against Sun Dedicated’s claims. The customer may assert the right of retention only for counterclaims arising from a concluded contract.
2 - Sun Dedicated is not responsible for supply or performance delay due to force majeure or events which significantly impede or make impossible Sun Dedicated’s performance - in particular strike, lockout, regulatory arrangements, failure of communication nets or gateways of other providers, disruptions to services of routing/peering transporters or other providers, etc. also if such impediments occur to Sun Dedicated’s suppliers, sub-contractors or their sub-suppliers or sub-contractors even when legally binding deadlines are involved. In the event of such impediments, Sun Dedicated is permitted to defer the supply or performance of services until the impediment has been removed and impose an appropriate lead-in time for the return of service.
3 - If a serious service impediment lasts for longer than one week, the customer is entitled to reduce appropriately monthly payments and fees for a pre-ordered traffic-dependent service (contingent) from the date of the start of the service impediment to the next potential contract cancellation date. A significant service impediment is when,
(a) for reasons beyond his control, the customer can no longer access Sun Dedicated’s infrastructure and thus no longer use the services listed in the contract.
(b) the service is altogether more difficult to use or the use of an individual service stipulated in the contract becomes impossible, or similar limitations occur.
4 - If services are unavailable due to a fault beyond Sun Dedicated’s control, there is no recourse to refunds or recompense. In all other cases, down-time will only be refunded when Sun Dedicated, its vicarious or performing agents are responsible for the error or have acted negligently and the down-time lasts longer than one business day.

1 - If a customer payment is overdue, Sun Dedicated or a third party is entitled to impose interest from the date in question.
2 - once payment is overdue and Sun Dedicated has already issued a reminder and indicated the legal ramifications, Sun Dedicated can terminate the contract immediately without notice and block access. In this case the customer is required to continue payment to the end of the standard period.
3 - Sun Dedicated is entitled to withdraw access temporarily if payment is overdue.
4 - Sun Dedicated has the right to initiate additional proceedings for non-payment.

1 - Sun Dedicated provides services 24 hours a day, 7 days a week. Essential service interruptions for preventative maintenance work will be announced as early as possible. Sun Dedicated will remedy errors in its technical systems as soon as possible within current technical and operational competencies. Downtime will not be more than 48 hours per year. 2 - Lengthy downtime will be compensated with a credit entry in the next invoice. Credit is calculated as the percentage of downtime of one week’s availability (7 days x 24 hours = 168 hours). The invoice will then be reduced by this percentage. 3 - Non-availability for which Sun Dedicated is not responsible, e.g. Backbone non-availability, dedicated server provivder non-availability or peering/router providers' non-availability, is not included in this guarantee.

1 - Unless otherwise agreed in writing, information submitted to Sun Dedicated is not treated with confidentiality.
2 - In accordance with 3/3 paragraph 1 of the Turkish Data Protection Act, the contractual partner will be informed that Sun Dedicated will process his address in a machine-readable form for operations arising from the contract.
3 - If Sun Dedicated outsources performance of the services to third parties, Sun Dedicated is entitled to disclose subscriber data should this be required to perform the service.
4 - Sun Dedicated is responsible for ensuring that all persons involved in execution of the contract have read and observe pertinent data privacy rules in the up-to-date version. The subscriber for his part is not entitled to procure data or information through the Sun Dedicated services not intended for him or third parties.
5 - Information about the subscriber will be made available to third parties in so far as this has been intended by internationally recognized technical standards and provided the customer does not object (directory services).

1 - Damage compensation for impossibility of performance, positive breach of contract, fault on contract conclusion and impermissible acts against Sun Dedicated or in relation to vicarious agents are excluded except in the case of willful or gross negligence. Liability for warranted features is unaffected.
2 - Sun Dedicated is not liable for damage incurred when Sun Dedicated’s services are unavailable as the result of force majeure or industrial dispute. Sun Dedicated is not liable for lost earnings, nor for indirect damage, should such damage be incurred by the customer or a third party.
3 - Sun Dedicated is not liable for the information gathered through its services, neither for its completeness, correctness or up-to-dateness nor that it transmitted the information.
4 - Provided that other provisions in these business terms and conditions do not exclude liability, there is liability for damages
(a) incurred by using Sun Dedicated services,
(b) incurred by transmitting and saving data through Sun Dedicated,
(c) incurred by the use of programs and data provided by Sun Dedicated,
(d) incurred by testing relating to saved or transmitted data on the part of Sun Dedicated,
(e) and damages incurred because capture or transmission of data offered by Sun Dedicated is not successful, in terms of the amount of proven damage, it is limited to a maximum amount equivalent to the routing/peering transporter service fees which would be charged for the services from which the damage arose, except in the case of willful or gross negligence. In all other cases, Sun Dedicated’s liability for proven customer damage is limited to a onefold amount of the stipulated monthly fixed payment.
5 -The customer is liable for all consequences suffered and disadvantages that are incurred by Sun Dedicated or third parties as a result of misuse or illegal use of Sun Dedicated services or as a result of the customer not adhering to his other obligations.

1 - Other contracts in connection with or unconnected to Sun Dedicated service performances are not subject to these business terms and conditions, but are subject to Sun Dedicated’s contractual or sales conditions for
(a) product supplies for commercial/industrial customers,
(b) project installation and material supplies,
(c) project services, planning and conceptualization.
2 - “Other contracts” include
(a) hardware supplies
(b) software supplies
(c) services with the exception of the performances listed in 4.

1 - Place of service providing is Turkey / İzmir, Republic of Turkey. The registered office of Sun Dedicated shall be the exclusive legal venue for claims arising from and based on these business terms and conditions, including cheque or currency exchange legal actions and all disputes between the contractual parties about the formation of the contract venue.
2 - The law of the Republic of Turkey shall apply exclusively to contracts concluded based on these business terms and conditions.
3 - The customer is required to refer directly to Sun Dedicated on contractual or technical matters, provided another or additional contact partner has not been named for technical questions in the primary contract.
4 - Legal successors to Sun Dedicated are also bound to the obligations arising from contracts concluded based on these business terms and conditions.
5 - If a provision of this agreement is or becomes ineffective, the validity of the remaining provisions is not affected. Rather, an ineffective provision should be replaced by a provision which best meets the commercial intention of the contractual parties. The same applies to the completeness of the provisions.