Distance Sales Agreement
1. Parties
SELLER:
ESA LİVA Bilgi Teknolojileri San. ve Tic. LTD. ŞTİ. (“Gyro Hosting” or the “Seller”)
Address: Köprübaşı Mah. Aralık Cad. No: 37 İç Kapı No: 1/101, 54050 Serdivan / Sakarya, Türkiye
Tax office / number: Ali Fuat Cebesoy Tax Office / 3770721384 · Mersis No: 0377 0721 3840 0001
Phone: +90 850 554 5439 · E-mail: [email protected] · Web: www.gyrohosting.com
BUYER: the natural or legal person whose name or title, address, e-mail and phone details are recorded in the customer account and order form when placing an order on gyrohosting.com. The Buyer represents that this information is accurate.
2. Legal Basis and Scope
This agreement is prepared under Consumer Protection Law No. 6502 of Türkiye and the Distance Contracts Regulation (Official Gazette 27.11.2014, No. 29188). If the Buyer is a consumer within the meaning of Law No. 6502, the consumer provisions apply; if the Buyer orders for commercial or professional purposes (e.g. a company, merchant or professional), the Turkish Code of Obligations and Commercial Code apply instead.
3. Subject Matter
The subject of this agreement is the sale and supply of the digital services ordered electronically by the Buyer on gyrohosting.com (web hosting, cloud, virtual and dedicated servers, domain names, SSL and software licences, business e-mail, storage, backup and similar services), whose features, term and price are stated in the order summary and the invoice. The main characteristics of each service are shown on its product page and in the order summary; by confirming the order the Buyer accepts that they have read them.
4. Price and Payment
The total price including taxes, the payment method and the currency are shown to the Buyer in the order summary and at the payment step. Payment can be made by credit/debit card (3D Secure), bank transfer or the balance in the customer account. The order is not processed until payment is received. For recurring services the renewal price and date are shown on the invoice and in the customer panel.
5. Performance of the Service
Services are provided electronically; there is no physical delivery. After payment is confirmed the service is activated automatically or once the Seller completes set-up, depending on its type, and access details are sent to the Buyer’s registered e-mail address and customer panel. For services that depend on third-party approval, such as domain names and licences, timing depends on those organisations. The Seller performs the service within the 30-day maximum stated in the Regulation; if performance is impossible the Buyer is informed and the price paid is refunded.
6. Right of Withdrawal and Exceptions
A Buyer who is a consumer may withdraw from a distance contract within fourteen days without giving a reason and without penalty. However, under Article 15 of the Regulation, there is no right of withdrawal for services performed immediately in electronic form, for services whose performance begins with the consumer’s consent before the withdrawal period ends, or for services prepared to the consumer’s specifications or personal needs.
The Seller’s services (hosting, servers, domain registration/renewal/transfer, SSL and software licences, e-mail and storage services, balance top-ups etc.) by nature start to be performed or are configured specifically for the Buyer immediately after the order is confirmed and paid. By confirming the order the Buyer expressly requests that performance starts before the withdrawal period ends and acknowledges that the right of withdrawal is lost once performance has begun. For these services the right of withdrawal therefore cannot be exercised, within the exceptions of the Regulation.
Even where the right of withdrawal does not apply, the terms published on the Seller’s “Service Refund Terms” page (for example a short refund window offered as a goodwill gesture for certain services and the list of non-refundable services) also apply. These terms are an extra convenience and do not limit your statutory rights; balance top-ups are not refunded in cash.
Where withdrawal is available, the Buyer notifies the Seller in writing (e-mail included) at [email protected] or the contact details above. The Seller refunds the payment using the same payment method within 14 days of the notice at the latest.
7. Relationship with the Service Agreement
Rules on using the service are set out in the “Service Agreement”, the “Service Refund Terms” and service-specific agreements (e.g. Server Service Agreement, Domain Name Registration Agreement), which the Buyer declares to have read and accepted. This agreement covers the sale and the withdrawal/refund principles. If provisions conflict, mandatory consumer legislation and the provision more favourable to the consumer prevail in consumer contracts.
8. Buyer’s Obligations
The Buyer agrees to provide accurate and current information, keep access credentials confidential, use the service lawfully and in line with the agreements, and pay on time.
9. Force Majeure
Neither party is liable for delay or failure caused by events beyond its control, such as natural disasters, war, epidemics, general network or infrastructure provider outages, cyber attacks and orders of competent authorities.
10. Personal Data
The Buyer’s personal data is processed under Law No. 6698 on the Protection of Personal Data for the purposes of the order and performing the service. Details are in the Seller’s Privacy Agreement and Personal Data Protection Law pages.
11. Dispute Resolution
A consumer Buyer may apply to the Consumer Arbitration Committee of their place of residence or of the place where the service was purchased, within the monetary limits announced each year by the Ministry of Trade, and to the Consumer Court for disputes above those limits. For non-consumer Buyers, the courts and enforcement offices of Sakarya are competent.
12. Entry into Force
Before completing the order the Buyer confirms electronically that they have read this agreement and the Preliminary Information Form, and the agreement is formed when the order is confirmed. The current text and order records are kept in the customer account and the Seller’s systems and are provided to the Buyer on request.