GENEL HİZMET VE KULLANIM SÖZLEŞMESİ
1. INTRODUCTION AND PURPOSE
This General Terms of Service (“Agreement”) has been prepared to determine the conditions of use for all digital products, software, and services (“Service”) offered by Nywhash Yazılım Limited Şirketi (“Nywhash”). By accessing the website or purchasing a service, the User is deemed to have accepted these terms unconditionally.
2. DEFINITIONS
- Company: Refers to Nywhash Yazılım Limited Şirketi.
- User: Refers to the natural or legal person registered to Nywhash systems or using the services.
- System: Refers to all server, software, and web infrastructure belonging to Nywhash.
- Service: Refers to all digital solutions offered, such as web hosting, software licenses, API access, and technical support.
3. PARTIES AND COMMUNICATION
The parties to this agreement are Nywhash Yazılım Limited Şirketi, whose headquarters are located in Mersin/Silifke (Trade Registry No: 6098, MERSIS No: 0632144748000001, Tax Office: Silifke, Tax No: 6321447480) and the User who creates an account or purchases services through Nywhash systems. All official notifications will be sent to the User's registered email address.
4. MEMBERSHIP AND ACCOUNT SECURITY
The User warrants the accuracy of the information provided when creating an account. The User is personally responsible for password security. In case it is detected that the account is used by unauthorized persons, Nywhash has the right to suspend the account temporarily or permanently.
5. SCOPE AND CONTINUITY OF SERVICES
Nywhash aims for a 99.9% uninterrupted operation (uptime) in the services it offers. However, Nywhash cannot be held responsible for planned maintenance works, hardware renewals, or interruptions arising from third-party infrastructure providers (Data centers, etc.).
6. PROHIBITED ACTIVITIES
The User agrees and warrants that they will not use the services for the following purposes:
- Reverse engineering, decrypting the source code, or attempting to breach the system.
- Hosting or distributing illegal content (copyright infringement, pornography, terrorism, etc.).
- Bulk spam mailing or phishing activities.
- Actions overloading the system (DDoS, etc.).
7. PRICING AND PAYMENT
Service fees are collected in advance based on the prices at the time of purchase. Nywhash reserves the right to make changes in campaigns and pricing terms without prior notice. Subscriptions whose term expires are automatically suspended if payment is not made.
8. CANCELLATION AND REFUND TERMS
Since the delivery of digital products (software licenses, themes, plugins, and instantly activated SaaS products) takes place immediately and license keys are produced and allocated to the buyer, there is no right of withdrawal and no right of refund for such digital content.
For individual consumers (B2C), there is a right of withdrawal within 14 days from the start of service in web hosting and server services in accordance with the Law on the Protection of Consumers. However, server activation fees, special setup fees, and domain name registration transactions are excluded from the scope of refund. For corporate customers (B2B), refunds can only be made if the service fails to meet the committed technical specifications (SLA) and the problem cannot be resolved within 7 business days.
For more information, please review the Distance Sales Agreement and Preliminary Information Form sections.
9. INTELLECTUAL PROPERTY RIGHTS
The ownership, patents, and copyrights of all software offered by Nywhash belong to Nywhash Yazılım Ltd. Şti. The right granted to the user is not a transfer of ownership, but a "license to use" under certain conditions.
10. LIMITATION OF LIABILITY
Nywhash cannot be held responsible for loss of profit, loss of data, or commercial damages arising from the use or inability to use the service. Total financial liability cannot exceed the last 12-month amount paid by the User for the relevant service.
11. TERMINATION OF THE AGREEMENT
In case of violation of the agreement terms, Nywhash has the right to terminate the service unilaterally without making any refund. The User can terminate the agreement at any time by stopping the service renewal through the control panel.
12. FORCE MAJEURE
In extraordinary situations beyond the control of the parties, such as natural disasters, war, terrorism, internet backbone outages, the parties shall be deemed exempt from their obligations.
13. AUTHORIZED COURT
Mersin/Silifke Courts and Execution Offices are authorized in all kinds of disputes arising from the implementation and interpretation of this agreement.
14. SERVICE LEVEL AGREEMENT (SLA)
Determines availability rates, support response times, and procedures to be applied in case of interruptions for Web Hosting, Enterprise Hosting, Virtual Server (VDS/VPS), and Cloud infrastructure services offered by Nywhash. This commitment is valid for all users with an active subscription.
14.1. Uptime Guarantee
Nywhash guarantees a monthly 99.9% uptime rate in server infrastructure and network access. Uptime rates are monitored 24/7 by our systems and calculations are based on calendar months.
14.2. SLA Credits
If availability falls below the monthly committed rate, service extension or SLA credit is defined upon the customer's request at the following rates:
- 99.8% - 99.5%: Credit worth 10% of the relevant month's bill
- 99.4% - 99.0%: Credit worth 25% of the relevant month's bill
- Below 99.0%: Credit worth 50% of the relevant month's bill
SLA credit requests must be submitted in writing through the client panel within the first 7 business days following the month of interruption.
14.3. Technical Support Response Times
Nywhash aims to provide the first response to support requests (ticket system) within the following periods according to importance:
- Critical Level (Server Down / Service Interrupted): Max response time 30 Minutes.
- High Level (Performance Issues / Service Errors): Max response time 2 Hours.
- Normal Level (General Info / Setup Requests): Max response time 6 Hours.
14.4. Planned Maintenance and Exclusions
Planned maintenance works for infrastructure updates, hardware renewals, and security patches are notified at least 24 hours prior to service interruption. Planned maintenance, force majeure, interruptions caused by customer software/config errors or excessive resource consumption are excluded from SLA commitments.
15. PRELIMINARY INFORMATION FORM
This section has been prepared in accordance with the consumer protection legislation, to inform the buyer before a distance sales contract is established.
15.1. Seller Information
Title: Nywhash Yazılım Limited Şirketi
Address: Sarıcalar Mah. Yakamoz Sk. No: 5/1 Silifke / Mersin / Turkey
Trade Registry No: 6098
Mersis No: 0632144748000001
Tax Office & No: Silifke / 6321447480
Email: info@nywhash.com
Phone: +90 (850) 303-0129
15.2. Subject, Payment and Performance Terms
The subject of the preliminary information is the sales and performance conditions regarding software licenses, hosting services, server rentals (VDS) and other digital solutions to be purchased electronically through accounts.nywhash.com. Prices are as specified in the order form and VAT is included. Digital license keys and download links are reflected in the customer control panel immediately after payment is approved. Hardware/IP allocations and installations of servers are completed within average 10 minutes to 4 hours.
16. DISTANCE SALES AGREEMENT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with consumer protection regulations in relation to the sale and delivery of the product/service ordered electronically by the Buyer through the Seller's website (accounts.nywhash.com).
16.1. Definition of Seller and Buyer
The Seller is Nywhash Yazılım Limited Şirketi specified in article 15.1 above. The Buyer is the natural or legal person who creates an account on the Nywhash platform (accounts.nywhash.com) and purchases services/products, whose contact information is included in the membership form.
16.2. General Provisions
The Buyer accepts that they have read and approved the Preliminary Information Form before placing an order. The Seller is obliged to present the technical infrastructure of the ordered service without interruption within the framework of the committed SLA limits. Service fees are collected in advance.
16.3. Right of Withdrawal and Exceptions
The Buyer, who has the status of consumer (individual customer), has the right to withdraw from service contracts within 14 (fourteen) days from the day the contract is established, without showing any reason. However, in accordance with the regulations; there is **no right of withdrawal** in contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer (such as software licenses, themes, plug-ins, API access, instantly activated server/hosting services where performance has started with the consumer's consent before the expiry of right of withdrawal period).