These terms and conditions (this “Agreement”) are by and between DomainMerkez.com (“DomainMerkez.com”) an Istanbul company, and you, your heirs, agents, successors and assigns (“You” and “Your(s)”), each side a “Party” and together, “the Parties”. This Agreement sets forth the terms and conditions of Your purchase or sale of one or more Domain Names with DomainMerkez.com or use of other services offered on DomainMerkez.com, operated by Sevtron and explains DomainMerkez.com obligations to You and Your obligations to DomainMerkez.com concerning the Services.
BY USING THE SERVICES WITH DOMAINMERKEZ.COM, SUBMITTING REGISTRATION INFORMATION, CHECKING THE “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS AT THE TIME OF REGISTRATION AND/OR EXECUTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS AMENDED FROM TIME TO TIME BY DOMAINMERKEZ.COM IN THEIR SOLE AND ABSOLUTE DISCRETION). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE AND DO NOT USE THE DOMAINMERKEZ.COM SERVICES. BY CONTINUING TO USE THE SERVICES OFFERED BY DOMAINMERKEZ.COM FOLLOWING A CHANGE TO THIS AGREEMENT, YOU ARE ACCEPTING AND AGREEING TO THE CHANGE.
WHEREAS, DomainMerkez.com provides a service through the DomainMerkez.com website DomainMerkez.com that displays Domains that Sevtron owns or controls to users who wish to buy or obtain other services offered on this DomainMerkez.com website.
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration herewith, the receipt, adequacy and sufficiency of which are hereby acknowledged, DomainMerkez.com and You, intending to be legally bound, hereby agree as follows:
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through DomainMerkez.com. By completing the registration information with DomainMerkez.com, or otherwise participating in commercial activity conducted through the DomainMerkez.com, you certify that you are 18 or in some country 21 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honor those obligations that you undertake. DomainMerkez.com reserves the right to refuse, limit or restrict its services for any reason at any time and in its sole discretion.
TERMS OF SALE
You represent that you do not hold or assert any Trademark, copyright, or other intellectual property right in or to the domain name, or any portion thereof, that is the subject of this Agreement. In the alternative, if you do now or intend to in the future hold or assert such rights, you do on your own behalf and on behalf of any person who you represent hereby waive such claims and release Sevtron and its parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates from any and all claims arising from such rights. DomainMerkez.com reserves the right to rescind and/or make null and void the sale of Domain(s) if Buyer fails to take control of the Domain(s), in accordance with the instructions provided, within 7 days of the sale of the Domain(s). ALL DOMAIN SALES ARE FINAL and subject to prior sale.
All correspondence to DomainMerkez.com should be addressed to “Sevtron Yatırım Danışmanlığı Merkez Mahallesi Abide-i Hurriyet Caddesi Hayris Apartmani 40/8 Sisli Istanbul Turkey 34381, Attn: DomainMerkez.com.” This agreement is subject to the laws of the Republic of Turkey. Buyer agrees to waive questions of jurisdiction and venue and agrees that all disputes brought by Buyer shall be in the courts of Istanbul, Turkey.
DISCLAIMER OF WARRANTIES
ALL PRODUCTS, SERVICES, INFORMATION, AND DATA PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTY OF ANY KIND. DOMAINMERKEZ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE QUALITY AND AVAILABILITY OF TECHNICAL SUPPORT. DOMAINMERKEZ.COM ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH ACCESS TO OR USE OF SERVICES UNDER THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING; THAT THE FUNCTIONS OR SERVICES PROVIDED BY DOMAINMERKEZ.COM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS THEREWITH WILL BE CORRECTED; THAT THE SERVICES PROVIDED BY DOMAINMERKEZ.COM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES PROVIDED BY DOMAINMERKEZ.COM UNDER THIS AGREEMENT WILL OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU ACKNOWLEDGE THAT DOMAINMERKEZ.COM CANNOT AND DOES NOT CHECK TO SEE WHETHER ANY SERVICES OR YOUR USE OF THE SERVICES UNDER THIS AGREEMENT INFRINGE THE LEGAL RIGHTS OF OTHERS.
TERM OF AGREEMENT; MODIFICATION; TERMINATION
You agree that DomainMerkez.com may modify this Agreement and the Services from time to time. You agree to be bound by any changes DomainMerkez.com may reasonably make to this Agreement when such changes are made. If You have purchased Services from DomainMerkez.com, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. You agree that DomainMerkez.com shall not be bound by any representations made by third parties who You may use to purchase Services from DomainMerkez.com, and that any statement of a general nature, which may be posted on DomainMerkez.com. DomainMerkez.com may, in our sole discretion, add, delete or change any of the services provided or fees charged by DomainMerkez.com. These will be binding on the date that they become effective, similar to any other revision that is made to this agreement.
You agree that You will be responsible for notifying DomainMerkez.com should You desire to terminate Your use of DomainMerkez.com Services. You agree that DomainMerkez.com may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the Services provided by DomainMerkez.com under this Agreement immediately and without any notice. Without limiting the foregoing, DomainMerkez.com may terminate this Agreement if DomainMerkez.com determines in its sole discretion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other DomainMerkez.com policies; or if DomainMerkez.com determines in its sole discretion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided DomainMerkez.com is found in DomainMerkez.com sole discretion to be false or that DomainMerkez.com has been unable to authenticate or verify the veracity of such information.
NO UNLAWFUL CONDUCT OR IMPROPER USE
As a condition of Your use of the Services, you agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will NOT be entitled to a refund of any fees paid for the Services if, for any reason, DomainMerkez.com takes corrective action with respect to Your improper or illegal use of the Services.
If You have purchased Services, DomainMerkez.com has no obligation to monitor Your use of the Services. DomainMerkez.com reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. DomainMerkez.com reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever. DomainMerkez.com reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against DomainMerkez.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Morally objectionable or illegal activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the Republic of Turkey and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. You agree You will not be entitled to a refund of any fees paid to DomainMerkez.com if, for any reason, DomainMerkez.com takes corrective action with respect to Your improper or illegal use of its Services.
INFORMATION AND PRIVACY
You agree that DomainMerkez.com or its licensor holds all rights, title and interest in the Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services.
You understand and agree that all content and materials contained in this Agreement, other policies, DomainMerkez.com, and any affiliated websites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the Republic of Turkey, as well as any other applicable proprietary rights and laws, and that DomainMerkez.com or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of DomainMerkez.com or its licensor.
REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 or 21 years of age or older, or that You have an agent authorized by law to represent You who is 18 or 21 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith.
You at Your own expense will indemnify, defend and hold harmless Sevtron, its subsidiaries, DomainMerkez.com and any third-party service providers and third-party beneficiaries to this Agreement and their employees, directors, officers, representatives, agents and affiliates against any claim, suit, action, or other proceeding brought against DomainMerkez.com or any third-party beneficiary to this Agreement by You or another based on or arising from any claim or alleged claim arising out of: any claim or alleged claim arising from this Agreement; a third party claim that a Domain Name(s) infringe any copyright, trade secret or trademark of a third party; or Your use of the services provided under this Agreement in any manner inconsistent with or in breach of this Agreement. Your obligation under this section extends to any and all costs, damages, and expenses, including, but not limited to, actual attorneys’ fees and costs awarded against or otherwise incurred by DomainMerkez.com in connection with or arising from any claim, suit, action or proceeding.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement through failure to act, delay in action, or otherwise, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
CHOICE OF LAW; FORUM
This Agreement shall be interpreted and enforced in accordance with the laws of the Republic of Turkey. The Parties agree that any action relating to this Agreement is subject to the exclusive jurisdiction of the courts of Istanbul of the Republic of Turkey, and further agree to proper venue in those courts. The prevailing Party in any such action shall be entitled to recover its reasonable attorneys’ fees, costs and disbursements incurred in connection therewith.
Any notice or other communication required or permitted to be delivered to DomainMerkez.com under this Agreement shall be in writing and deemed properly delivered by certified mail, return receipt requested, to “Sevtron Yatırım Danışmanlığı Merkez Mahallesi Abide-i Hurriyet Caddesi Hayris Apartmani 40/8 Sisli Istanbul Turkey 34381, Attn: DomainMerkez.com.” Any notice or other communication required or permitted to be delivered to You by DomainMerkez.com under this Agreement shall be deemed properly delivered by e-mail to the contact address that You have provided to DomainMerkez.com.
If you are merely visiting our site, we collect and store only the following information about you:
- The IP address of the terminal from which you access the Internet
- The IP address of the website from which you linked directly to our site
- The date and time you access our site
- The browser you used to access the site
- The operating system you used to access the site
We use this information to measure the number of visitors to the different sections of our site, and to help us make our site more useful to visitors.
We will not obtain any other personally identifying information about you when you visit our site, unless you choose to provide such information to us.
DomainMerkez.com also collects and maintains certain information (including e-mail addresses) on our Websites and via price request and other online forms.
When you buy a domain name on the site, we collect some additional information including credit card number and its expiration date through a third-party, secured payment gateway company. We use this credit card information to verify your name, address, and other personally identifying information as well as to process your transactions.
We automatically track certain information about you based upon your behavior on our site. We use this information to analyze user demographics, interests, and behavior to better understand your preferences and improve your experience.
Cookies are used on certain pages of our site. We offer certain features that are only available through the use of a cookie. Cookies are stored on your hard drive, not on our site. If your browser permits, you are always free to decline our cookies, but you may not be able to use certain site features and will have to enter your personally identifying information manually more often. If you choose to buy on our site, we collect information about these behaviors.
We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
We may also disclose your personal information
- as required by law, such as to comply with a subpoena, or similar legal process
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
- if DomainMerkez.com is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
- to any other third party with your prior consent to do so.
CHANGING YOUR INFORMATION
To review, remove and update your personal information to ensure it is accurate, contact us at email@example.com.
With your consent we may post your testimonial along with your name. If you want your testimonial removed please contact us at firstname.lastname@example.org.
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at email@example.com.
We will retain your information for as long as your account is active or as needed to provide you services. Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We currently accept Wire Transfers, EFT, Credit cards (Visa, MasterCard, American Express, Discover) & via PayPal secure payment system.
Customers will be invoiced via email.
If a chargeback is submitted against a credit card used to purchase service, the account(s) in question will be suspended immediately. There is a $200 processing fee to re-activate.
We reserve the right to cancel service at any time for any reason.
CANCELLATION & REFUND POLICY
Since DomainMerkez.com is offering premium domains only, we do not issue cancellations or refunds once the order is accomplished and the domain is transferred or in progress. As a customer you are responsible for understanding this upon purchasing any domain at our site.
Emails sent by DomainMerkez.com are sent in compliance with the universal law. At DomainMerkez.com, we take your rights seriously and we have made every effort to comply with the universal law and all of the subscriber requests.
DomainMerkez.com may contact you via email from time to time if you are an active user. To be removed from our mailing list, please contact us.
We will promptly update your preferences. Please specify which list you want to be removed from, and which email address you want to be removed. If you are receiving emails to multiple email addresses, you must unsubscribe for each email address separately. If you unsubscribe via email, only that specific email address you are writing in reference to will be removed from the mailing list.
Please note, DomainMerkez.com may continue to contact you via email for administrative or informational purposes, including emails regarding a change to your account, verification emails, follow-up emails from inquiries, and other such encounters. These interactions are not considered to be commercial emails.