Updated Date: December 20, 2023
This service agreement (hereinafter referred to as the “Agreement”) is concluded between ODTÜ Geliştirme Vakfı Bilgi Teknolojileri Sanayi ve Ticaret A.Ş.-METUnic (hereinafter referred to as the “SERVICE PROVIDER”), which provides the services requested from it within the scope of the contract, and the natural or legal person who wishes to benefit from the services subject to the contract (hereinafter referred to as the “CUSTOMER”).
2.Subject and Scope
The subject of this Agreement is to determine the terms and conditions regarding the use of all METUnic products and services provided and/or to be provided by the CUSTOMER through the SERVICE PROVIDER and the mutual rights and obligations of the parties.
CUSTOMER; accepts, declares and undertakes that it is bound by the rules set by both the SERVICE PROVIDER and the Authorized Registry Agency regarding the use of the services and to be set after the signing of this contract.
CUSTOMER; accepts, declares, and undertakes to provide complete and accurate information during the application and notify immediately of any changes that may occur in this information to the SERVICE PROVIDER.
CUSTOMER; is obliged to comply with the terms and conditions determined by ICANN and/or the Authorized Registrar selected by ICANN, and all rules and policies that may be published by the SERVICE PROVIDER from time to time.
In case of conflict between the provisions of this agreement and the provisions under the Special Conditions heading, the provisions of the Special Conditions shall prevail.
3. Selection, Availability and Use of Domain Name and Brand
Determining that a domain name is suitable for allocation as a result of the CUSTOMER’s inquiry; To enable the SERVICE PROVIDER to register the domain name in question and/or to apply for the registration of the trademark; does not guarantee that the application will be registered.
The CUSTOMER has accepted this issue and signed this contract.
CUSTOMER; accepts, declares and undertakes that the domain name registration and the way it intends to use it do not violate the legal rights of a third natural and / or legal person and that the domain name has not been registered for any illegal purpose and will never be used for such a purpose.
4. Fees and Cancellation-Refund Policy
The CUSTOMER agrees to pay the relevant service fees to the SERVICE PROVIDER regarding the services received (including the pre-demand transactions) before the desired trademark registration application and/or domain name registration and/or renewal come into effect. The payments of the domain name applications that are negative and/or the trademark applications that have not been applied before the Turkish Patent and Trademark Office are transferred by the SERVICE PROVIDER to the customer’s account in the system firstly as “credit”. The CUSTOMER can use this credit to purchase another service or request a refund of the credit in their wallet. Upon the request of the CUSTOMER, in obligatory cases and within the framework of the relevant legislation, the refund transaction to be made to the credit card can only be returned to the credit card from which the sales transaction was made.
Customers who have withdrawn excessive amounts from their credit cards due to user-related, bank-related or other system/software-related problems are obliged to declare this situation and their refund request by creating a ticket in the “Support” section. Following the statement of the CUSTOMER, the necessary refund will be made to the credit account or credit card upon the request of the CUSTOMER.
In case the CUSTOMER cancels the sale without notifying the SERVICE PROVIDER, the services sold may be stopped by the SERVICE PROVIDER based on the “Charge Back” notifications to be returned from the bank. In this case, bank information is essential.
In the event that the CUSTOMER (including pre-requested transactions) makes a typo during the application process, cancellation/refund transactions are carried out within the framework of the rules and practices of the Authorized Registry Agency. In cases where the Authorized Registry Agency does not refund the fee in case of an erroneous application, no refund will be made to the CUSTOMER account.
CUSTOMER accepts, declares, and undertakes that cancellation or waiver transactions shall not create any rights in its favor.
Since domain names (including pre-requested transactions/registration and renewal) and trademark application are among the services that require performance, it is not possible to refund the domain name allocated or renewed or the trademarks applied before the Turkish Patent and Trademark Office in terms of execution and are outside the fee refund conditions. Price adjustments can be made by the Authorized Registrar’s Office before the pre-requested transactions are carried out. In the event that the relevant fees are changed by the Authorized Registry Agency (before the approval of the pre-demand transactions) and the pre-demand transaction is realized, the SERVICE PROVIDER may request the CUSTOMER to pay the difference with the same increase rate.
5. Domain Name Usage Period
Domain names are registered for the relevant paid period on the signing date of this contract. If the CUSTOMER fails to renew the domain name at the time and in the manner specified in this contract, its registration will expire, and the SERVICE PROVIDER may decide, on its own initiative, to continue the registration and/or to keep the domain name in its own account and/or to delete the registration and/or to sell it to a third party.
Domain name extension; before the end of the allocation period or at the latest within 30 (thirty) days following the end of the allocation period. In the event that the CUSTOMER does not extend the domain name allocation period at the end of the said period, it is possible to get the domain name back by paying the domain name redemption fee in addition to the domain name allocation fee within the following 15 days (domain name recovery fee is a fee that may vary depending on the domain name extension.). However, if the CUSTOMER does not take back the domain name within this period, the CUSTOMER’s registration of the domain name shall expire. The aforementioned periods are not valid for all domain names and may also vary depending on the extension of the domain name or the terms and conditions set by ICANN and/or the Registrar selected by ICANN.
The extension of the domain name by the CUSTOMER can only be done as follows;
- The CUSTOMER completes the procedures regarding the extension of the domain name on the SERVICE PROVIDER’s website and collects the relevant fee.
- For other cases, the SERVICE PROVIDER does not make any commitments to the CUSTOMER in terms of domain name extension.CUSTOMER; accepts and declares that the rights and interests of a domain name expire with the expiration of registration and that all domain names whose registration has expired can be registered by another third real and/or legal person.
If the CUSTOMER receives domain name forwarding and/or a similar additional service together with the domain name registration service, the CUSTOMER agrees and declares that the other services he receives will automatically expire with the expiration of the domain name registration period (registration).The CUSTOMER cannot transfer domain names with the extension “.tr” to a different Registrar’s Office for 60 (sixty) days from the date of assignment and transfer.
Customers whose WHOIS query is turned off are notified to the Registrar of notices they receive for the domain. The SERVICE PROVIDER is obliged to convey the relevant information.
6. Changes to the Terms of the Contract
SERVICE PROVIDER; will publish the current version of the contract on the website, and the CUSTOMER accepts in advance that the current version of the contract is the version published on the SERVICE PROVIDER’s website.
To the extent that this Agreement is not consistent with any terms, conditions, policies or procedures of a relevant Registrar, the relevant registry’s registry, condition, policy or procedure will apply. In accordance with the terms and conditions determined by the CUSTOMER, authorized registrar, registrar, laws and relevant regulations; accepts that the domain name may be suspended, canceled or transferred in order to correct the mistakes made by the SERVICE PROVIDER or the registrar performing the domain name registration or to resolve the disputes regarding the domain name. The CUSTOMER’s continued use of the domain name registered in his name means that he accepts all kinds of changes in this Agreement. If any change is not accepted by the CUSTOMER, the CUSTOMER may request from the SERVICE PROVIDER that the domain name registration be canceled or transferred to another service provider. CUSTOMER; It knows and accepts that if it does not accept any changes made in this Agreement or any other relevant and/or valid agreement, the only solution is to cancel the domain name or transfer it to another service provider.
CUSTOMER; In case of an objection to the domain name registration or reservation by another third natural and/or legal person, will be subject to the provisions specified in the disputes policies of the relevant registration institution, in case of a domain name dispute with any third natural and/or legal person, accepts that the SERVICE PROVIDER will indemnify its losses in accordance with the terms and conditions in the principles and that the SERVICE PROVIDER has no liability regarding the dispute.
In the event that the SERVICE PROVIDER is notified that a legal application has been made before any judicial or administrative authority regarding the domain name subject to this Agreement, the SERVICE PROVIDER, according to its own will, may suspend the CUSTOMER’s domain name use or make changes to the registration records or leave the control of the registration record to the registration of the competent authority for the period ordered by the judicial or administrative authority or the CUSTOMER and the third party in dispute, or until the time when a jointly signed letter by the CUSTOMER and the third real or legal person with whom the dispute is experienced stating that the domain name dispute has been resolved is received by the SERVICE PROVIDER.
8. Limitation of Liabilities
SERVICE PROVIDER and its directors, employees, affiliates, subsidiaries, agents and third party suppliers and relevant registration bodies; shall not be liable for any direct, indirect, incidental, special or consequential damages (including lost profits) arising from the use or inability to use any of the services or the cost of providing substitute services, whether the transaction is contractual, actual (including negligence) or otherwise.
The SERVICE PROVIDER cannot be held responsible for any loss or liability of the CUSTOMER, including but not limited to the following:
Loss or liability resulting from delay or interruption of access;
Loss or liability resulting from non-communication or mis-transmission of data;
Loss or liabilities resulting from natural disasters;
Loss or liability resulting from unauthorized use or misuse of account ID or password;
Loss or liability arising from errors, omissions or misstatements in any and all information and service(s) provided under this Agreement;
Loss or liabilities arising from the interruption of the services provided by the SERVICE PROVIDER.
9. Breach of the Agreement
If the CUSTOMER does not fully comply with the terms and conditions of this Agreement, as well as any rules and policies determined by the SERVICE PROVIDER, this situation will be considered a fundamental violation of the Agreement and CUSTOMER agrees to be notified by letter or e-mail of such a breach.
In the event that the CUSTOMER does not provide the SERVICE PROVIDER with substantial evidence that it has not violated its obligations within (7) days, the SERVICE PROVIDER may terminate its relationship with the CUSTOMER, interrupt or cancel the services or take other appropriate legal remedies against the CUSTOMER within the scope of the legal legislation.
Due to the way the SERVICE PROVIDER has taken because of the violation, the CUSTOMER cannot request a refund, nor can he/she request a refund under any name.
CUSTOMER; is obliged to compensate the losses and damages of the SERVICE PROVIDER or any third parties arising from the breach of this contract.
10. Abuse, Restriction of Services and Right to Deny
The CUSTOMER undertakes not to use the services provided by the SERVICE PROVIDER in a way that threatens the security, stability, accessibility and durability of the DNS system and the servers of the SERVICE PROVIDER and DNS system.
In case of detection of activities caused by the CUSTOMER’s domain name, which threatens the stability of the DNS system, the SERVICE PROVIDER reserves the right to disable this domain name. The CUSTOMER agrees that it may refuse to approve the registration of any domain name at the discretion of the SERVICE PROVIDER and without any liability to the CUSTOMER.However, the SERVICE PROVIDER may, at its own discretion and without any liability to the CUSTOMER, delete the registration of any domain name within the first 30 (thirty) days after registration.
In addition, if a name is associated with undesirable or morally objectionable activities, the SERVICE PROVIDER may cancel the registration of the domain name.When an abuse notification is received by the SERVICE PROVIDER regarding any domain name on behalf of the CUSTOMER, the existence of the abuse is investigated in detail by the SERVICE PROVIDER in the light of the evidence submitted by the person or institutions that made the notification.
If, as a result of the investigation conducted by the SERVICE PROVIDER, it is concluded that there is abuse, even without definitive evidence, the necessary warnings are notified to the CUSTOMER by the SERVICE PROVIDER in writing or by e-mail, and the situation subject to abuse is requested to be corrected within 24 hours. However, if the subject of abuse causes direct damage to third parties and/or brands and/or institutions, the domain name can be stopped by the SERVICE PROVIDER without any prior notification, and then the CUSTOMER may be requested to correct the situation subject to abuse.
If the abused situation is not corrected within this period given by the CUSTOMER, the domain name may be stopped by the SERVICE PROVIDER. In this case, the CUSTOMER cannot demand any refund. CUSTOMER; is obliged to compensate the loss and damage of the SERVICE PROVIDER or any third party arising from the misuse of this domain name.
11. Trademark Application Procedures
Pursuant to this contract, within 3 (three) business days following the payment of the trademark registration application fee (application fee and service fee), through the trademark attorney authorized by METUnic, in accordance with the provisions of the Industrial Property Law No. 6769 (SMK) and the relevant Regulation, The trademark application process is carried out before the Trademark Authority.
Post-application transactions such as objection, submission of opinion/defense against objection, registration, change of owner information, license etc., which may arise after the application, are outside the scope of this contract.
All notifications arising from the trademark applications made within the scope of this Agreement are made by METUnic or the trademark attorney to the e-mail account specified in the Trademark Application Request Form. In terms of time-limited transactions that may be the subject of these notifications and which are under the CUSTOMER’s obligation, the consequences that may arise if the necessary action is not taken within the periods notified by the trademark attorney to the CUSTOMER is the CUSTOMER’s responsibility.
All trademark registration applications made within the scope of this Agreement 6769 p. are subject to the conditions determined within the scope of SMK and Regulations.
12. Other Provisions
CUSTOMER accepts, declares and undertakes that the notifications are made to the e-mail address which is provided during the application, are made to self.
This agreement shall be interpreted in accordance with the laws of the Republic of Turkey and the CUSTOMER accepts, declares, and undertakes to comply with the legislation of the Republic of Turkey.
Ankara (Central) Courts and Enforcement Offices are authorized for disputes arising from this Agreement.
The Stamp Duty arising from this Agreement shall be paid by the CUSTOMER.
13. Special Conditions
Detailed and up-to-date information about the provision of the services covered by this Agreement to the CUSTOMER, cancellation and refund conditions are available in the relevant service menu at www.metunic.com.tr. The CUSTOMER can access these special terms and conditions for the relevant service via the links below:
.TR domain name: https://metunic.com.tr/en/tr-domain-registration/
Security Package: https://metunic.com.tr/en/security-packages-special-conditions/
The special terms accessed through the links above are an annex and an integral part of this agreement. is part of.
The CUSTOMER acknowledges that he/she has prior information about this information and the right of withdrawal and that he/she By seeing what you see electronically on the Website and by giving your consent to all these electronically declares that he/she has purchased the Service and accepts the relevant terms.