This is a courtesy translation. The Turkish text is the governing version.
Article 1 — Parties
SELLER: NESNET INTERNET HIZMETLERI TIC A.S. — Atatürk Mah. Ertuğrul Gazi Sk. Metropol İstanbul C1 Blok No: 2B İç Kapı No: 134, Ataşehir / İstanbul — Phone: 0800 606 1071 — E-mail: nesly@nesly.net — Tax ID: 6311890366.
BUYER: the natural or legal person purchasing the Service, whose details are recorded in the console at the time of order (name / legal name, address, e-mail, phone, tax or national ID number).
Article 2 — Subject
This agreement sets out the rights and obligations of the parties under the Turkish Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and performance of the nesly application deployment subscription ordered by the BUYER electronically at https://console.nesly.net, whose characteristics and price are stated on the pricing page and on the order screen.
Article 3 — Characteristics and price
The Service is the plan selected on the order screen (plan name, period, included resources and quotas). The price is shown in Turkish Lira, VAT included, on the order screen and the pricing page. It is charged in advance at the start of each period; usage-based overage fees, where applicable, are calculated at the end of the period and invoiced to the BUYER.
Payment is made by bank or credit card with 3D Secure authentication through the bank's virtual POS. Card details are not stored by the SELLER.
Article 4 — Performance (delivery)
The Service is digital; the selected plan is activated in the BUYER's account immediately after the bank approves the payment. There is no physical delivery and no delivery charge.
The Service is provided continuously during the subscription period and renews on the same terms at the end of the period unless cancelled by the BUYER; the renewal fee is charged to the BUYER's stored card.
Article 5 — Right of withdrawal
A BUYER who qualifies as a consumer may withdraw from the agreement within fourteen (14) days of its conclusion without giving any reason and without penalty, by notifying the SELLER in writing or on a durable medium (e-mail: nesly@nesly.net) within that period.
Under Article 15 of the Distance Contracts Regulation, the right of withdrawal does not apply to services whose performance began with the consumer's consent before the withdrawal period expired, nor to services performed instantly in electronic form. By confirming "start the service immediately" on the order screen the BUYER accepts this. Nevertheless, on a first purchase the SELLER refunds the fee for cancellation requests made within 14 days of payment, provided the paid service has not been used (see Cancellation and Refunds).
Legal entities and BUYERs acting for commercial purposes are not consumers; the Cancellation and Refunds policy applies to them instead of the right of withdrawal.
Article 6 — Consequences of withdrawal and cancellation
Where the right of withdrawal is exercised, the SELLER refunds the amount charged to the card account used for payment within fourteen (14) days of receiving the notice. Posting times depend on the bank.
A cancelled subscription remains usable until the end of the current period and does not renew. Fees for periods already used are not refunded.
Article 7 — General provisions
The BUYER confirms having read, understood and approved the Pre-Contract Information and this agreement electronically before ordering. The order is concluded when the BUYER completes the payment step in the console.
If the Service cannot be provided, the SELLER notifies the BUYER within three days and refunds the amount charged within fourteen days.
Disputes fall within the jurisdiction of the Consumer Arbitration Committees at the BUYER's place of residence up to the monetary limits announced annually by the Ministry of Trade, and of the Consumer Courts above those limits. For BUYERs who are not consumers, the Courts and Enforcement Offices of İstanbul (Anadolu) have jurisdiction.
This agreement is concluded electronically; a copy is sent to the BUYER's e-mail address and remains accessible in the account section of the console.