Terms of Service

Terms of Service

Introduction

These Terms (the “Agreement”, “Terms”, “Terms of Service”, “Terms of Use” or “Terms of Service and Use”) govern your (hereinafter known as “Client”, “you”, “Subscriber” or phrases like “your” or “Client Information”) Relationship, Purchase, Retainer and/or Use, in any manner, of any Products and/or Services as described in the online order form, proposal, contract or invoice (the “Services”) requested or ordered by telephone, consultation meeting with an Agent of TurkReno, or e-mail, by you and mutually accepted (“Official Acknowledged Request”) in writing by TurkReno Incorporated (hereinafter known as “Corporation”, “Our”, “We”, “Us”, “Provider”, “TurkReno”, “TurkReno Incorporated” or “TurkReno Inc”). These Terms are also provided to you as a courtesy and are displayed in Due Diligence towards our acknowledgement of the importance of a self-governing service provider and ethical business practice or work-place standard within our Corporation.

The description of Terms and Conditions that apply to the result of any such Request, Use and Limitation of the Services we shall provide you at any given time and shall constitute an Agreement and supplement or entirely supersede any “Internet Services Agreement”, “Internet Services Provider Agreement”, “Website Hosting Agreement”, “Website Design Agreement” or like Agreement provided in the event we deem such action necessary to the success, protection and sustained survival and growth of the Corporation. The headings are intended for reference convenience only and will not be of any effect in construing the meanings of the paragraphs.

Terms of Service

Under the Terms of Service, this document shall be given legal standing as binding Agreement, your placement of Client Information on our servers, payment of any deposit, service fee or retainer or by requesting in writing following any Services for Computer related repairs, Internet Consultation, any Client information hosted or maintained by means of our storage, network devices or file system repositories (herein known as the “TurkReno Content Network”), Web Site Design, Networking, Servers, Data Storage, E-mail Services, DNS, Programming, Diagnostic, Marketing, Photographic, Forensic or Technical Support Service by ticket submitted from the TurkReno Client Center, e-mail, fax, USPS mail, phone calls at the sole discretion of the Corporation and/or use of our billing and ticket support system within the Client Center acknowledgment that you have read, understand and agree to abide by the Terms and Conditions herein and related to our Services.

All requested and current services are also subject any Services Agreement in addition to our Terms of Service and Use, our Privacy Policy, our Acceptable Use Policy and our general Corporate Practices as lawfully provided to us within the United States.

This section will survive the termination of this Agreement.

Length of Term and Payment for Services

This Agreement shall be for an Initial Term as chosen by you in the Order Form located on this Site at the time you register for the Services within the TurkReno Client Center or by telephone after providing us a proper e-mail address so that we may grant you access to the Client Center. Once you have been granted access to our Client Center, you acknowledge and are able and willing to pay any and all service fees associated with your request and priced by TurkReno.

This Agreement will be automatically renewed (the “Renewal Term” and related to the “Initial Term”) at the end of every Term for the same period as the Initial Term or another modified Term. Unless you provide TurkReno with proper Notice of Termination or a Service Modification Notice by opening a ticket or ordering from within the TurkReno Client Center to change or terminate before thirty (30) anniversary days, or one full calendar month prior to the end of the Initial Term or the Renewal Term, your term shall stay forever green. Any Notice of Termination will be effective following three (3) days after TurkReno’s receipt thereof and it is at TurkReno’s sole discretion if any refunds or balance forward shall be remunerated to both either yourself or the Corporation.

This section will survive the termination of this Agreement.

Termination Policy

If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) TurkReno will not refund to you any fees paid in advance of such termination, unless otherwise stated and (b) you shall be required to pay 100% of TurkReno’s standard monthly or annual charges for each month or year remaining in the term, unless otherwise expressly provided in this Agreement. Your termination request or notice must be submitted to TurkReno in the manner described above or by USPS mail to the address provided on the contact portion of our website. TurkReno may terminate this Agreement at any time and for any reason by providing to you written notice five (5) days prior to the date of termination. If TurkReno terminates this Agreement, TurkReno Incorporated, at its sole discretion, may or may not refund to you the pro-rated portion of pre-paid fees attributable to Services (excluding set-up fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. You agree to this clause upon purchase and use of any Services and that any chargeback fees or penalties applied against TurkReno will result in legal action against you and your organization, if applicable.

This section will survive the termination of this Agreement.

Enforcement

TurkReno may investigate, self-govern, and audit any reported or suspected violation of this Agreement (including any additional Terms, Policies, Clauses or Rights afforded to us), complaints, violations of copyright, confidentiality or proprietary information and will take any action that is deemed appropriate and reasonable under the circumstance to protect our employees, systems, facilities, customers, assets, holdings, private or public interests and/or third-party partners from harm. TurkReno may access or review the contents of any e-mail, data share, file similar stored electronic communication or digital asset as permitted by Federal Law that transacts through the TurkReno Content Network during the course of any client’s use of the network.

Upon such review, you agree that you are aware, acknowledge and defend the following Terms, even if at your full expense, are in full effect:

    • TurkReno reserves the right to refuse or discontinue service to anyone at the Corporation’s sole discretion without reason.
    • TurkReno may deny you access to all or part of the Service without notice regardless of your standing with our Corporation if we suspect your activity falls under this provision or fails to pass an Audit.
    • In the event TurkReno finds that you, your organization and all derivatives thereof, engaged in any or are actively participating in activity that TurkReno believes violates any of the Terms and Conditions herein or the Acceptable Use Policy, it shall be TurkReno’s sole decision whether or not to pursue you in a legal manner and to be remunerated for any damages or relief entirely at your expense.
    • You agree that your failure to comply with any service invoice, service instruction or request of the TurkReno staff will result in the suspension and termination of your account entirely at your expense.
    • TurkReno shall have no responsibility to notify any third-party providers of services, merchandise, licenses or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
    • You agree TurkReno reserves the right to publicly disclose this Activity as a Record of such event.
    • You agree that TurkReno has the right to continually monitor the services electronically provided and to disclose any information as necessary to satisfy the law in cooperation with law enforcement to protect ourselves or our subscribers from any type of harm.
    • You agree that TurkReno has the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of any Agreement with us.
    • TurkReno refuses refunds in cases where TurkReno believes abuse, harassment, copyright infringement, breach of confidentiality, release of proprietary information of any kind or contractual negligence has taken place.

Breach of any of the above Terms or conditions may result in a warning or the immediate termination of an account at the discretion of the TurkReno staff.

This section will survive the termination of this Agreement.

Public Nature

You understand and acknowledge that all information submitted directly through your local Internet Service Provider, as well as the local connection your computer uses, to access any Internet or Electronic Services we provide shall be considered publicly accessible if you fail to connect to our Network under provided secure connections. We provide 128-bit Secure Socket Layer (SSL) Encryption methods throughout all client sensitive portions of our site. Generally, it is not possible to access these portions of our site without circumventing our security protocols. Important and private information should be protected, encrypted and backed up by you. You furthermore agree we are not liable for the protection or privacy of electronic mail or other information transferred through your Internet Service Provider between our Network that you do not encrypt or mail through our encrypted means. In other words, there shall be no exceptions or liability placed on TurkReno to for your data and actions on our network, your ISP’s network or its intermediary networks, especially in the event that you fail to connect to our services using the encryption methods provided given you are even able to do such. Should for any reason our data encryption methods fail, the clause titled “No Service Warranty” shall always apply.

This section will survive the termination of this Agreement.

No Service Warranty

TurkReno makes no warranties or representations of any kind for the services being offered. The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by TurkReno or its agents or employees shall create a warranty. TurkReno provides no warranty that the service will be uninterrupted or error free unless otherwise stated, or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall TurkReno be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use any of TurkReno services, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with the services TurkReno provides or any of its Terms, Conditions, Rules, Policies, Guidelines, or Practices, your sole and exclusive remedy is to discontinue using the service and without dispute pay forward all fees, monies, debts and penalties owed, including any agreement to pay forward the remaining balance on a deposit-based service owed, if any.

This section will survive the termination of this Agreement.

Charges, Payments, Fees and Disputes

You will pay all charges for your use of the Services at the then current TurkReno prices for that category of service or any special offer applicable to your account as determined by TurkReno. You are responsible for paying all federal, state, and local sales, use, value added, import/export, excise duty and any other taxes assessed with respect to the Services, other than taxes based on TurkReno net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of TurkReno.

You will pay all charges for the selected service term in advance on the first day of the Initial Term. Establishment of this service is contingent upon receipt of payment from you to TurkReno. You will pay all subsequent charges for Services in advance on the anniversary day the service term. You authorize and give consent to TurkReno to charge your credit or debit card, PayPal account, or other electronic draft mechanism as approved by TurkReno, to pay for any charges that may apply to your account. You must notify TurkReno of any changes to your card account including applicable account number, billing address, registered phone number, or cancellation or expiration of the credit card account account. Your failure to fully pay any fees and taxes at any point on or before the applicable due date is a material breach of this Agreement, justifying TurkReno to suspend its performance and terminate this Agreement and uphold all rights afforded to The Corporation hereto. If TurkReno terminates a service or account due to your material breach of this Agreement, you agree to forfeit all pre-paid amounts and/or pay immediately all fees associated with the termination set forth in this Agreement, pay all monthly recurring fees for each month remaining in the term, if any, and any other amounts you owe to TurkReno under this Agreement. You are responsible for any costs that TurkReno incurs in enforcing this Agreement, collection of any balance that shall be paid forward, including reasonable attorneys’ fees, court costs and collection agency fees.

All payments made are nonrefundable unless otherwise stated. This includes any applicable setup fees, domain registration fees and subsequent charges regardless of usage.

This section will survive the termination of this Agreement.

Automated Credit Card Billing

When you become a client with TurkReno Incorporated and sign up through our Client Center or request service of any kind, you must provide a credit card. You authorize TurkReno Incorporated to charge all invoiced charges to any credit card payment method on file. This credit card will automatically be charged upon the ordering of any new service, renewal of any service or payment of any invoice not paid by check or cash on the invoiced due date. Unless we implicitly agree in writing that an alternative form of payment will be used, your credit card will be charged on the due date for any particular invoice and upon each automated attempt to satisfy any invoice that was not paid in full on its due date before terminating your account for non-payment. Credit card charges from us will always appear as “TurkReno” on your bank statement.

This section will survive the termination of this Agreement.

Changes Performed During Active Design or Development Projects

In general, our clients are not granted project access of any kind prior to public release or previews except in extraordinary cases as this circumvents TurkReno’s standards, methods and creates an infringement towards TurkReno’s trade secrets and intellectual property. If a client is granted or gains full or administrative access prior to an official public release of any TurkReno managed project, to a TurkReno development project, or to a design project performed outside of the TurkReno Network while TurkReno is performing any design services, that client shall accept full responsibility and liability for any change made and any defect in workmanship caused or created after access is granted. TurkReno, at their sole discretion, shall not proactively continue any further project work at the point that public access is granted. Should this occur, the client agrees that the project is, if applicable, “launch ready”, that payment in full is due and billable immediately to any method of payment on file, that any agreed proposal or contract presented is satisfied in full in terms of per-project design or development, and that any changes performed beyond project access being granted to the client are in addition to the original project scope and therefore will be billed hourly. Therefore, any design or development changes performed outside of the proposed project scope to any project is not gratis and is billable at the Corporation’s current normal hourly rate. You agree to this clause upon purchase or use of any project Services.

This section will survive the termination of this Agreement.

Refocus Clause

The Corporation offers a wide variety of services to contracted clients and clients may find that they are enthusiastic and willing to receive multiple services the Corporation offers. This Clause however clarifies normal use of services and the refocusing of paid services that a client may use.

A client who pays an invoice or note payable for service(s) pays for the billable time and resources noted by and of the Corporation. That time may be used on other task(s) given by the client without modification to the original contract or invoice under a verbal Agreement with the client, regardless if the client agrees or not. As an example, a client who pays us for Website Design may have 20 hours allocated to their design project and may find that they wish to use that time on a different task(s). The 20 hours, (or remaining balance of time) is then banked internally and then used on whatever task(s) (such as marketing, technology purchases, business development, etc.) that the client may verbally request. Should the allocated time be used in part or in full on other task(s) per the client’s request, the client will be required to pay to make up the difference, or updated required time, to fulfill the original task(s). A client shall, upon request, receive a new invoice with the updated time required to fulfill the original task with any modifications based on how, if applicable, the original time billable and paid as reallocated. The Corporation, at their sole discretion, shall be the determining factor as to if this Refocus Clause shall take effect.

This Clause is present to prevent abuse of the Corporation’s time and resources, to ensure that timely and efficient use of the Corporation’s time and resources are utilized, and that the Corporation is therein satisfied or paid for any and all refocused service(s) requested by a client.

This section will survive the termination of this Agreement.

Ethics and Morals

The Corporation has a set of standard guidelines that are in place to ensure not only service that is above average, but also to prevent misconduct throughout the network. As such, we abide by our own ethics, which can be found here, and expect our clients to behave in a similar fashion. If a client should behave unethically or in any manner that shall defame themselves, another active client(s) or the Corporation – whether direct or indirect – action including suspension up to termination of the infringing client shall occur.

The virtue of ethics and the moral psychology behind such can be seen as “a moral act refers to an act that entails free will, purity, liberty, honesty, and meaning. An immoral act refers to an act that entails corruption and fraudulence and usually leads to negative consequences.” And following, “the term ‘moral psychology’ more broadly includes any topics at the intersection of ethics, psychology and philosophy of mind.” Therefore, if a client behaves in an unethical or immoral way, the above proceedings shall occur.

This section will survive the termination of this Agreement.

Failure to Pay and Fee Schedule

The Corporation may temporarily deny service, suspend service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. In the event of a material breech of this agreement due to non or late payment of your services, all data, files, logs, and other information on or associated with your service will be, at TurkReno’s sole discretion, deleted or otherwise destroyed. In no event shall TurkReno be liable for preservation of data subsequent to you breaching this agreement. If the Corporation is in direct control of domain names of a client by management, renewal, redemption of expired domain, or original purchase through the Corporation via a 3rd party domain registrar, and a Client’s account becomes past-due, the Corporation, at its sole discretion, shall retain the domain name as an asset of the Corporation or outright release the domain by deleting it from the 3rd party registrar used to manage the domain. At no point shall the Corporation be liable or obligated to surrender the domain name back to the Client if a late fee is incurred. At no point shall TurkReno accept responsibility or be held liable in any manner for the loss or retention by TurkReno of any domain name due to the Client’s failure to pay invoices for hosting services renewal. Additionally, you agree the Corporation will not be held liable for any service interruption due to non-payment.

Payment is due on the defined monthly, quarterly, bi-annual or annual recurring billing date of each month or year. Credit cards that are declined for any reason are subject to a $50.00 declination fee. Internet Services will be suspended on accounts that reach 3 days past due and will be terminated immediately upon any credit card processing failure. At our discretion, any Service Suspended for nonpayment is subject to a reconnection charge of no less than $150.00 for basic accounts and a minimum fee of $200.00 with maximum of $1000.00 for VPS, dedicated servers or managed dedicated server accounts. Accounts not paid by 5 days due date are subject to termination and an additional late fee up to no less than $100.00 or no less than %40 of the balance forward, whichever is greater. Accounts that are deemed “not collectible by TurkReno” may be turned over to an outside agency for collection of fees and the balance forward if payment is not provided to TurkReno within 14 days. If your account is turned over for collection, you agree to pay the Corporation or its appointed collections agent an additional “Processing and Collection” Fee of not less than Fifty ($50.00) dollars nor more than Five-Million, Two-Hundred Fifty Thousand, Five Hundred ($5,250,500.00) dollars and shall also include all other legal Relief awarded by a Court to both the Corporation and the Agency we use to Collect the balance forward.

This section will survive the termination of this Agreement.

Intellectual Property Rights

Your License Grant to TurkReno. You hereby grant to TurkReno a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to TurkReno a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

This section will survive the termination of this Agreement.

TurkReno Materials and Intellectual Property

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by TurkReno or its suppliers or agents pursuant to this Agreement, and any know how, methodologies, equipment, or processes used by TurkReno to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of TurkReno or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by TurkReno during the term of this Agreement. Unauthorized copying, reverse engineering, decompling and creating derivative works based on the any such software or computer or server installation is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

This section will survive the termination of this Agreement.

Trademark Usage

You hereby grant to TurkReno a limited right to use your trademarks, if any, for the limited purpose of permitting TurkReno to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sub-license uses of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.

This section will survive the termination of this Agreement.

Indemnification and Exclusion of Liability

You agree to indemnify, defend, and hold harmless TurkReno from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, TurkReno, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to any service listed on this website as well as, or including, computer or server repair services, computer or server upgrades, software and hardware licensing, domain name selection, web site hosting and web site content. You further agree to defend, indemnify and hold harmless TurkReno, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including without limitation, reasonable attorney’s fees, arising out of any property damage or recoverable economic loss incurred by Client or a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that TurkReno shall have the right to participate in the defense of any such claim through counsel of its own choosing entirely at your expense.

This section will survive the termination of this Agreement.

Interruption of Service

You hereby acknowledge and agree that TurkReno will not be liable for any temporary delay, outages or interruptions of the Services unless such outage or delay is covered by our Service Level Agreement. Further, TurkReno shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

This section will survive the termination of this Agreement.

Addendum

You agree that TurkReno will provide any contractual addendum online through the Legal section of the TurkReno Corporate Website. Your continued use of our services is an agreement that you have read, understand, acknowledge and agree to any addendum presented.

Miscellaneous

You agree that you are at least 13 years of age to satisfy COPPA law. In the event that we find that you are not 13 years of age, all information provided to us will be purged from our systems and your connection to our network will be banned indefinitely.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

TurkReno’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Upon making a project public, making a site “launch ready” or “launching” a project, a Client is required to remit payment in full as denoted by the final invoice for the proposal given. All proposals are estimates and any overages occurred during design or development will be included in the final balance due unless otherwise noted. Failure to remit payment in full will result in not only the suspension of the project to the public, but the potential termination of the project and the Client relationship.

If a client fails to communicate with us for more than a period of one month during an open project, we will close the project and a re-activation fee of no less than $275.00 and no more than $5,000.00 will be required to continue. If a client fails to communicate with us at any point outside of an active project, we will suspend the account if necessary to prevent any further billing charges to the Corporation if a valid method of payment is not present. In all cases, if a client fails to communicate with us, fails to remit payment after 5 days of a due date, or have a valid credit card on file, the account will be terminated.

TurkReno may modify this Agreement from time to time. your continued use of ANY Service shall be deemed to be your acceptance OF THESE TERMS. If you do not agree to this Agreement, you must immediately stop using the Service and notify us in writing immediately to discontinue future service charges.

TurkReno reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum’s and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the TurkReno Website (the “Site”). TurkReno may post changes or modifications to this document, the referenced Acceptable Use Policies and Service Level Agreement without notice to you. Your continued use of Services following TurkReno’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.

You agree that we are the authority when representing the intent of any clause of these terms and conditions. You agree that regardless of any error in spelling, syntax, grammar, sentence structure, semantics, punctuation, or typographical content, our interpretation of any specific clause in this Agreement is the correct interpretation. You further agree that neither you nor any legal counsel you choose to employ will not give any legal theory that conflicts with our intent or misrepresent such intent based on such errors in any forum, court of law, or other venue.

All prices listed on the site are in US Dollars($ or USD) unless otherwise selected and shall always attempted to be in equal proportion to the market value conversion of any currency to match that of the US Dollar.

This section will survive the termination of this Agreement.