SERVICE AGREEMENT

Please read this agreement carefully. By using Narbulut application, you undertake to read this Agreement and accept this Agreement to benefit from our cloud services.

1. Parties

1.1. Narbulut defines Narbulut Bilgi Teknolojileri San. ve Tic. A.Ş. offering data back-up services in Atatürk Bulvarı Deposite İş ve Outlet Merkezi A1 Blok  325A İkitelli Başakşehir İstanbul address.

1.2. User is individuals, institutions or businesses that use Narbulut back-up service.

1.3. Parties are Narbulut and User.

1.4. Parties accept and undertake accuracy and correctness of information provided in this Agreement.

2. Subject

2.1 Subject includes various topics such as Narbulut Back-Up Services, membership process, liabilities, rights and interest of parties, operation explanations and responsibilities.

3. Service

3.1. Back-up processes are downloading client program to server or computer, installing this program and remote back-up and management of data by adding directory, file etc. based on back-up planning of user and/or Narbulut to offer back-up service online. On demand, service enables sharing copy of data with third parties. Back-up, management and sharing processes are completed via panel and agent.

3.2. Users can upgrade monthly or yearly back-up package to 100GB and multiples or downgrade to minimum 100 GB package for their business station or server.

3.3. If Users wants to transfer to another package with lower disk space than current disk space, Users shall wait until currently paid licence expires.

3.4. All back-up operations are conducted at back office without interrupting operation processes.

3.5. In business station package, back-up files are stored instantly when each saving operation is conducted. Time interval is not defined. Back-up of Outlook pst files are taken as full in first back-up and as back-up of changed data in the following based on time interval set in the policy. Computer/server that will be backed-up shall be open and have active internet connection.

3.6. In server package, back-up files are stored instantly when each saving operation is conducted. Time interval is not defined. Back-up of Outlook pst files are taken as full in first back-up and as back-up of changed data in the following based on time interval set in the policy. Selected database files defined in SQL database back-up are taken as full in first back-up and as back-up of changed data in the following based on time interval set by user. Computer/server that will be backed-up shall be open and have active internet connection.

3.7. Directory selected for full back-up is taken once and incremental back-up are taken.

3.8. Narbulut stores deleted data inside a folder or directory for 60 days and destroys these data later. You can retrieve your data on application or panel up to 60 days.

3.9. Data file are transferred via internet by TLS 1.2 SHA256 encoding system. Data are stored on disk with AES256 bit encoding and your files are stored on encrypted disk and file system on cloud back-up servers.

3.10. You can share your file copies with third parties or other Narbulut users for certain time via agent/panel. Users accept that data that will be shared and backed-up are compliant with content specified in article 7.11.

3.11. Reporting: You can have various important information such as on which date and time is your data backed-up, how long did back-up take, successful and unsuccessful back-up and errors during back-up.

3.12. Notification: With notification service, you will be notified about all successful and unsuccessful back-up operations via e-mail.

3.13. All cloud back-up packages are valid for one (1) computer or server.

3.14. Narbulut Back-Up service only supports Windows operating system-based program/software and application data.

4. Membership Operations

4.1. User membership information and file, folder, data etc. used in back-up shall be stored on Narbulut Data Centre database and such data will be deleted from database 180 days after termination of membership.

4.2. During signup, User selects his/her own user name (unique name for user account) and password. Narbulut reserves the right to restrict certain usernames and set requirements for username and password (length, permitted characters etc.).

4.3. User Information: These information are necessary when creating membership and/or login to system. User can change membership information after logging in to system. Since these information will be basis for service providing, User shall provide correct, complete and exact information.

4.4. After completing free trial which is one (1) month, if you fail to renew your membership in one (1) month, you can no longer use back-up service.

4.5. After completing free trial which is one (1) month, if you  renew your membership in one (1) month by paying corresponding fee, you can use back-up service.

4.6. After creating your membership, you can use our back-up service for one (1) month without paying any fee.

4.7. Memberships that cannot be contacted with any provided communication method shall be cancelled.

5. Client Program

5.1. Reproduction, copying, using in different software, transfer to electronic or optic environment, turning to source code, all activities to uncover internal operation of the program are deemed breach of copyright of Narbulut and constitute a crime.

5.2. All copyright and legal rights belong to Narbulut.

5.3. Setting, configuration, back-up etc. are automatically completed by programs that enable integration of your system with Narbulut system.

5.4. Narbulut reserves the right to make changes, update and update client program without prior notification.

6. Agreement

6.1. Turkish Laws are applied in any conflict arising from this Agreement.

6.2. This Agreement enters into force when User completes membership operation. When one (1) month trial period is expired, if users shall not renew membership for one (1) month, membership will end without prior notification.

6.3. If membership continues after one (1) month of free trial, time of first membership date is considered and agreement is in force under service ends.

6.4. User cannot transfer and assign the rights and obligations arising from this Agreement to any person, institution or organization. Such transfers will result in termination of rights under this Agreement and will result in the termination of the unilateral Agreement.

6.5. Narbulut has the right to suspend, stop and terminate this Agreement for reasonable reason if User fails to pay complete or partial section of Service fee within reasonable time after written notification.

6.6. If User fails to comply with provisions of Service agreement, User accepts that s/he is the sole responsible party, compensate Narbulut for damage arising for such breach and that Narbulut has the right to suspend, stop and terminate this Agreement.

6.7. User does not have the right to unilaterally terminate this Agreement, terminate membership, transfer membership or suspend membership. If service termination request is accepted other than valid reasons, User does not have the right to demand return for complete or partial service fees of future terms.

6.8. User shall completed monthly or yearly service fee or undertake to make such payment to be eligible to use these services under this Agreement or to demand service. If this conditions is not met or it is seen that it was not met, this Agreement is deemed invalid without prior notification and/or terminated.

7. Liabilities of User

7.1. User accepts and undertakes not to execute illegal activities, comply with laws and regulations of Republic of Turkey and do not use this service for any unauthorised breach.

7.2. In data backup operations, illegal activity content, content prohibited by laws and regulations of Republic of Turkey, banned content on the internet, content that violates the copyright, sexual content, violent content, drug stimulating content, such as how to upload content constitute crime and User accepts and undertakes not to upload such content.

7.3. User accepts and undertakes to use client program based on provisions of this agreement and not to transfer.

7.4. User shall notify questions, recommendation, complaints and problems related with the service via e-mail or phone.

7.5. If User reaches assigned “X” GB quota, User continues to receive service yet cannot back-up data due to exceeding capacity. 

7.6. Regular and/or instant back-up of data are under the responsibility of user and/or Narbulut based on selected package.

7.7. Narbulut may send message, information, document, warning, payment notification etc. to e-mail address of User during Agreement term. User shall not claim that such e-mail has not reached and accepts and undertakes that these messages are legally notified one (1) day after sending date.

7.8. User accepts and undertakes that s/he is the sole responsible of all files and documents stored under this service, all used and benefited operations, and accepts and undertakes all legal and criminal responsibility that might arise from any illegal information and declaration.

7.9. User shall notify Narbulut immediately if membership information are lost or learned by third parties to obtain new password. If User fails to do so, User accepts and undertakes that Narbulut has no liability under these conditions and User is the sole responsible party.

7.10. Narbulut application prohibited login to agents on different work station or computer with same user name. System shall accepts latest agent log in and work stations and servers with old agents shall automatically be closed to access.

7.11. Users are prohibited to publish and/or distribute content that is illegal, harmful, defamatory, unethical, violent (or making propaganda of such content), violating copyright, hate speech and/or discriminating for race, ethnic origin, gender, religion, social factors, contains insult against an individual and/or institution, has pornography and child abuse (or making propaganda of such content), advertises sexual services (although presented under other services), drugs and similar medication, explosive substance, weapon manufacturing etc.

8. Liabilities of Narbulut

8.1. Liability arising from this Agreement is limited with service fee paid by users and Narbulut is not liable for profits, loss etc that might arise for User.

8.2. Narbulut shall provide support in the shortest time possible to solve problems due to Narbulut via e-mail, phone or remote access within business hours.

8.3. Narbulut undertakes access to backed-up data other than problems arising from user or force majeure.

8.4. Narbulut is liable to supply data back-up space demanded by User.

8.5. Narbulut is liable to provide access to service after User membership operations are completed, approved or payment is completed.

8.6. Narbulut accepts and undertakes not to share, use, distribute User membership information with any institution, business or third parties.

8.7. Regular and/or instant back-up of data are under the responsibility of user and/or Narbulut based on selected package.

9. Events without Liabilities

9.1. Force Majeure: Any event that prevents execution of services although Parties have shown reasonable efforts for execution are considered force majeure.

10. Payment

10.1. Back-up of data based on rules created on customer side panel are under responsibility of User and/or Narbulut.

10.2. If User fails to pay complete or partial service fee, all service fee for remaining service period is due and payable.

10.3. Narbulut reserves the right to make forward looking price and package changes without prior notification. User accepts and undertakes to comply with such changes that may arise in the future.

11. Technical Support

11.1. User shall contact via e-mail or phone number for any questions, recommendations, complaints, notifications etc. related with service.

11.2. Contact information for support, E-mail: destek@narbulut.com Phone Number         : 0850 545 44 44

11.3. Narbulut shall provide solution in the shortest time possible via e-mail, phone or remote access within business hours.

12. Contact Information

Web Page                        : www.narbulut.com

E-mail                              : info@narbulut.com

Phone Number              : 0850 545 44 44

Address                           : Atatürk Bulvarı Deposite İş ve Outlet Merkezi A1 Blok No:325A

İkitelli – Başakşehir – İstanbul



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