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: [email protected]

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 [email protected].

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: [email protected]
Web: https://hostingservisi.com.tr

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

Personal Data and General Privacy Policy

Last Updated: February 1, 2025

This Privacy Policy describes how Smart M LTD (hereinafter referred to as the "Company") collects, processes, stores and protects personal data of users within the scope of services provided through hostingservisi.com.tr.

1. Data Controller

Company Name: Smart M LTD
Registration: Hong Kong SAR, China
Address: 22/F, 3 Lockhart Road, Wan Chai, Hong Kong
Email: [email protected]
Website: https://hostingservisi.com.tr

2. Personal Data Collected

The following personal data is collected in order to provide our services:

• Identity Information: Name, surname, company name, tax identification number
• Contact Information: Email address, phone number, postal address
• Financial Information: Billing details, payment method information (credit card details are not stored directly by us; they are processed through PCI DSS compliant payment providers)
• Account Information: Username, password (stored encrypted), account preferences
• Technical Information: IP address, browser type, operating system, access dates and times, pages visited
• Service Usage Information: Hosting account details, domain registrations, resource usage statistics, support requests

3. Purposes of Processing Personal Data

Personal data collected is processed for the following purposes:

• Provision and management of hosting, server and domain services
• Creation and management of customer accounts
• Billing, payment transactions and accounting processes
• Provision of technical support services
• Notifications regarding service interruptions, maintenance and updates
• Fulfillment of legal obligations
• Improvement and analysis of service quality
• Prevention of fraud and abuse
• Marketing and campaign notifications with user consent

4. Legal Basis for Processing

Your personal data is processed based on the following legal grounds:

• Necessity for the performance of the service agreement
• Fulfillment of legal obligations
• Our legitimate interests (service security, fraud prevention)
• Your explicit consent (for marketing communications)

5. Cookies

The following types of cookies are used on our website:

• Essential Cookies: Cookies necessary for the proper functioning of the website (session management, security)
• Analytics Cookies: Cookies used to collect visitor statistics and measure site performance
• Functional Cookies: Cookies used to remember user preferences such as language selection and theme choice

You can disable cookies through your browser settings; however, some site functions may be restricted in this case.

6. Sharing of Personal Data

Your personal data will not be shared with third parties except in the following circumstances:

• Data Center Providers: For server infrastructure services (Hetzner Online GmbH, Germany)
• Payment Providers: PCI DSS compliant payment institutions for secure payment processing
• Domain Registrars: For domain registration procedures as required by ICANN rules
• Legal Requirements: In case of court orders, legal obligations or requests from authorized public institutions
• SSL Certificate Providers: For SSL/TLS certificate issuance procedures

Your personal data will never be sold or rented to third parties for marketing purposes under any circumstances.

7. Data Security

The following technical and administrative measures are implemented to ensure the security of your personal data:

• Secure data transmission with SSL/TLS encryption
• Firewall and DDoS protection systems
• Regular security updates and patch management
• Access control mechanisms and authorization
• Database encryption and regular backups
• Staff privacy training and access restrictions
• 24/7 server monitoring and security auditing

8. Data Retention Period

Your personal data is retained during the service period and for the following periods after termination of service, within the framework of legal obligations:

• Account Information: 1 year from account closure
• Invoice and Payment Records: 5 years as required by law
• Support Requests: 2 years from the last transaction
• Technical Logs: Maximum 1 year
• Communication Records: 3 years from last communication

Data whose retention period has expired is securely deleted or anonymized.

9. User Rights

You have the following rights regarding your personal data:

• To learn whether your personal data is being processed
• To request information if your personal data has been processed
• To learn the purpose of processing your personal data and whether it is used in accordance with its purpose
• To know the third parties to whom your personal data is transferred domestically or abroad
• To request correction of your personal data if it has been processed incompletely or incorrectly
• To request deletion or destruction of your personal data
• To object to a conclusion arising against you through the analysis of processed data exclusively by automated systems
• To claim compensation for damages arising from the unlawful processing of your personal data

To exercise your rights, you can send an email to [email protected]. Your requests will be responded to within 30 days at the latest.

10. International Data Transfer

Our server infrastructure is located in Germany (Hetzner Online GmbH). Your data is protected in accordance with the European Union General Data Protection Regulation (GDPR) standards. Our company is registered in Hong Kong and also complies with obligations under the Hong Kong Personal Data (Privacy) Ordinance (PDPO).

11. Childrens Privacy

Our services are not intended for individuals under the age of 18. We do not knowingly collect personal data from individuals under 18. If such a situation is detected, the relevant data will be deleted immediately.

12. Policy Changes

The Company reserves the right to update this Privacy Policy without prior notice. Changes take effect on the date they are published on the website. In case of significant changes, a notification will be sent to your registered email address.

13. Governing Law and Dispute Resolution

This policy is governed by the laws of the Hong Kong Special Administrative Region. Hong Kong courts shall have jurisdiction over any disputes that may arise between the parties.

14. Contact

For questions or requests regarding our privacy policy, you can contact us:

Smart M LTD
Address: 22/F, 3 Lockhart Road, Wan Chai, Hong Kong
Email: [email protected]
Web: https://hostingservisi.com.tr