This text explains the sale, delivery, fees, and termination of hosting, servers, domain names, and other services, and the obligations of each party.
Article 1. Parties
1.1: Provider
Referred to below as MUVCloud.
- Legal name
- Revive IT Solutions LLC
- Address
- 10930 Switzer Ave. STE 117, Dallas, Texas 75238, USA
- [email protected]
- Website
- www.muvcloud.com
1.2: Customer
- Legal name
- Authorized person
- Address
- Phone
Article 2. Subject of the Agreement
The subject of this agreement is the sale and delivery of the Customer's own server, or of a dedicated server, virtual server, hosting, or other service belonging to MUVCloud, with the qualities stated in the agreement and at the sale price stated on MUVCloud's website or in an email sent to the Customer, and the determination of the parties' rights and obligations. For customers in Turkey, those rights and obligations are determined under Law No. 4077 on the Protection of Consumers and the Regulation on the Rules and Procedures for Distance Contracts. The Customer accepts and declares, under this agreement, that the Customer knew the basic qualities of the service, the sale price, the payment method, the delivery conditions, and the other pre-contract information about the service, and knew about the right of withdrawal; that the Customer confirmed that information electronically; and that the Customer then ordered the product.
Article 3. Term of the Agreement
This agreement is valid for the term of any service commitment added to it. If no service commitment is added, the agreement is valid for one billing period and continues for another billing period unless one party notifies the other.
Article 4. Delivery of the Service, Place of Performance, and Method of Delivery
The service is a server belonging to the Customer, or a dedicated server or hosting service belonging to MUVCloud, or another value-added Internet service. For a fee, the Customer hosts that server or those services in a data center belonging to MUVCloud or to another company, or receives service from servers that MUVCloud owns or rents in a data center belonging to MUVCloud or to another company. Those servers are kept in the system rooms of the access providers the Provider works with. All information needed to use the service is delivered to the email address in the customer record the Customer created on www.muvcloud.com.
Article 5. Responsibilities of MUVCloud
5.1: MUVCloud will provide the services the customer submits as an order. By the order-acceptance message, MUVCloud confirms that it has collected the fee and commits to provide the service named in the order.
5.2: The payment method and VAT differences are shown as the total produced during the order. MUVCloud states the fees the customer must pay according to the monthly or yearly payment choice.
5.3: After the order is accepted and the transactions are approved, MUVCloud sends the customer, by email, all information and passwords for the service in the order details, and the service starts. The customer is responsible for the accounts and passwords, and for any loss that arises from them.
5.4: Within the limits of the service it provides, MUVCloud receives customers' technical questions in writing on www.muvcloud.com and replies in writing. Technical support covers only the service provided. The operating system, and software the customer installs on that operating system, are outside technical support. If the customer has not made a service level agreement, MUVCloud does not give technical support on those subjects.
5.5: MUVCloud commits that the service will operate and remain reachable at a rate of 99.6 percent over a year, apart from failures and maintenance caused by force majeure, by companies that form the Internet backbone, by server faults, by data centers, or by customer error.
Article 6. Responsibilities of the Customer
6.1: The Customer requests the service by accepting the written offer MUVCloud sends and by creating a customer record electronically on www.muvcloud.com.
6.2: The Customer pays in advance for the service to be purchased. Invoices are issued monthly, quarterly, every six months, or yearly, according to the type of service and at the customer's request. The day the service starts is the recurring due date.
6.3: The Customer accepts and agrees to use the purchased service in line with the Terms of Service published on www.muvcloud.com.
6.4: The Customer receives from MUVCloud the passwords needed to administer the purchased service, administers the service, and is therefore responsible for its security. The Customer accepts responsibility for every action taken under the "main user" defined on the system or under a user the Customer creates. Backup and storage of data are also the customer's responsibility. MUVCloud is not responsible for customers' data for any reason. For a fee, MUVCloud provides a backup service by taking an image of the virtual resource or by providing backup space.
6.5: The Customer agrees not to send messages that are threatening, immoral, or racist, or that are contrary to the laws of the Republic of Turkey or to international agreements. The reference to the laws of the Republic of Turkey states the rules that apply to customers in Turkey.
6.6: The Customer may not hold MUVCloud liable for problems in MUVCloud's services that are caused by access providers or by their data centers. Those problems are outside MUVCloud's control.
6.7: Installation of information, documents, and software that are on the service, added to it, or removed from it, configuration of licenses, and every problem in the use of software are the customer's responsibility. The Customer may not hold MUVCloud liable, in any circumstances, for problems in those matters.
6.8: If an administrative, civil, or criminal claim is brought against MUVCloud because of content, information, or documents published by a third party or by the customer, or because a person is harmed by them, the Customer is liable for all of MUVCloud's loss. The Customer must compensate MUVCloud's loss in cash and in a single payment within 5 business days after written notice.
6.9: MUVCloud is not responsible for information and content on pages or applications published to the web through the Customer's service. If any adverse or unlawful situation arises from the content of published web pages or from software, and the Customer or a third party is involved, responsibility cannot be placed on MUVCloud. If responsibility is pursued, MUVCloud may suspend the service without a warning.
6.10: The Customer accepts and agrees that, if the Customer acts contrary to the rules, MUVCloud may intervene as required, remove the member from the service, and end the membership, without any notice.
Article 7. Fees, Payment, and Refunds
7.1: After an offer is given to the Customer, payment must already have been made in advance before the service starts, if the Customer wants to buy the service. The day the service is delivered is the recurring payment date, and it is also the due date of the next billing period.
7.2: MUVCloud creates the invoice for the service on www.muvcloud.com within 15 days. That invoice is not a tax invoice. It is created so that the Customer can see how the service will be charged if the Customer pays in advance.
7.3: For the next period's invoice, the Customer is reminded by email three times during the last 7 days. No reminder to perform is sent through any other channel. The service is suspended at the end of the first day after the due date. Data for a suspended service is kept for 3 days and is deleted completely after the third day. For dedicated servers, data is not kept after the due date, and the servers are cancelled.
7.4: The Customer may not hold MUVCloud liable, for any reason, for loss the Customer or a third party suffers because a service was suspended or deleted for non-payment.
7.5: If the Customer wants to terminate this agreement before the end of its term, MUVCloud collects, in a single amount, the campaign discounts applied to the service.
7.6: For a hosting service, the Customer may request a refund within 7 days of the first payment date without giving a reason.
7.7: The refund guarantee covers only a new hosting service provided by MUVCloud. Domain registration, license fees, SSL certificates, servers in locations outside Turkey, and similar products and services that MUVCloud does not produce are outside the refund guarantee.
7.8: Before MUVCloud can refund a fee, it asks a corporate customer for a credit invoice and an individual customer for the invoice MUVCloud issued in the month of the refund request. The customer pays the cost of sending the invoices. The payment is refunded through the same payment channel used to pay for the new product or service. A refund through a different payment channel is not possible.
7.9: For customers in Turkey, if a company does not issue a credit invoice, or if an individual customer does not return the invoice MUVCloud issued, the refund is made after deducting the taxes charged under the tax laws in force in Turkey.
7.10: MUVCloud reserves the right to refuse service to a user who abuses the refund guarantee.
7.11: MUVCloud reserves the right to charge a reasonable service fee at any time for tasks outside the scope of its regular services, and for requests for extra services or products. Without limitation, this includes customer-service issues that cannot be resolved by email and that need personal service, disputes that need a special service, and services such as legal advice that MUVCloud has to obtain because of the Customer.
7.12: MUVCloud reserves the right to change the scope of the services and products it provides without notice. The current product scope is the scope published on the relevant product page at www.muvcloud.com.
7.13: For colocation, if the fee is not paid on time, MUVCloud has no means and no obligation to keep hosting and storing the equipment. If MUVCloud cannot reach the Customer through the contact methods it was given, or if payment is not made within the time allowed even after contact, the Customer accepts in advance that responsibility for the equipment leaves MUVCloud after 6 months, and that MUVCloud is not responsible for destruction, failure, or any other condition of the equipment.
Article 8. Tax
8.1: For customers in Turkey, transactions carried out through www.muvcloud.com are taxed under the tax laws in force in Turkey. Transactions that result from any statutory change outside this agreement are outside MUVCloud's responsibility and are passed through to the agreement as they stand. Under those tax laws, the Customer is responsible for the Customer's own record-keeping.
Article 9. Termination
9.1: In a new billing period, the Customer may cancel the service by signing in on www.muvcloud.com and may terminate the agreement without any other notice. The due date of the service must not have passed.
9.2: The Customer accepts and agrees not to claim any refund, in any form, for an agreement that has ended or a service that has been cancelled.
9.3: If a customer's activity affects MUVCloud's ability to serve other customers, MUVCloud may terminate the agreement unilaterally. In that case MUVCloud agrees to provide the help needed so that the Customer's data can be retrieved.
Article 10. Courts and Enforcement Offices
10.1: The courts and enforcement offices on the Anatolian side of Istanbul have jurisdiction over every dispute arising from the performance of this agreement.
Article 11. Entry Into Force
11.1: When payment for an order placed on MUVCloud's website is completed, the Customer is deemed to have accepted every condition of this agreement. MUVCloud must put in place the software arrangements that prevent an order from being placed on the site unless the Customer has confirmed that the Customer read and accepted the agreement.
