This agreement sets out the terms of sale, payment, withdrawal, refunds, automatic renewal and termination for services purchased online from DomainQ.
1. Parties
1.1. Seller. In these documents, “DomainQ” or the “Seller” means the service provider identified by the following information: Seller: DomainQ · Address: Istanbul, Türkiye · Email: info@domainq.com · Personal data requests: kvkk@domainq.com · Website: https://www.domainq.com · Customer panel: https://account.domainq.com · Contact page: https://www.domainq.com/en/contact/. Notices of withdrawal, refund requests, termination notices and complaints are made in writing or on a durable medium by email to info@domainq.com or by opening a support request in the customer panel.
1.2. Buyer. The party purchasing the service (the “Buyer”) is the natural or legal person who places the order and who, during the order, provides in the customer panel their name and surname or trade name, billing and contact address, email address and, where provided, telephone number. These details of the Buyer are set out in the order-specific copy of this Agreement.
1.3. Accuracy of Information. The Buyer is responsible for ensuring that the information provided during the order is accurate, current and complete, and for keeping it up to date through the customer panel. This includes the registrant information submitted to the relevant registry for domain name registrations. The consequences of false or incomplete information are borne by the Buyer, unless DomainQ is at fault.
1.4. Capacity and Representation. The Buyer represents that they have the legal capacity to enter into contracts. A person placing an order on behalf of another natural or legal person represents that they are authorised to represent that person. DomainQ and the Buyer are together referred to in this Agreement as the “Parties”.
2. Definitions
2.1. Scope. In this Agreement, the following terms have the meanings given to them in this Section, unless otherwise specified.
2.2. Legislative Abbreviations. “Consumer Protection Law” (TKHK) means Law No. 6502 on Consumer Protection; “Distance Contracts Regulation” (MSY) means the Regulation on Distance Contracts; “Subscription Contracts Regulation” means the regulation of the same name; “Law No. 6563” means the Law on the Regulation of Electronic Commerce; and “KVKK” means Law No. 6698 on the Protection of Personal Data.
2.3. Consumer. A Buyer who is deemed a consumer according to the criterion in Section 3.3 (Consumer Protection Law art. 3/1-k).
2.4. Business Customer. A Buyer who is a business customer according to the criterion in Section 3.3.
2.5. Service. The service ordered by the Buyer and shown in the order summary. The Services are Web Hosting, WordPress hosting, DomainPress, Online Store, VPS (managed and unmanaged), dedicated servers, cloud hosting, cloud storage, business email, the SiteQ website builder, domain name registration, renewal and transfer, separately charged add-on services such as paid SSL certificates, and related add-on services such as WHOIS privacy.
2.6. Hosting-Type Services. Hosting-type services are only the Web Hosting, WordPress hosting, DomainPress and Online Store services. VPS (managed and unmanaged), dedicated servers, cloud hosting, cloud storage, business email, the SiteQ website builder, domain name services (registration, renewal, transfer) and separately charged add-on services (e.g. a paid SSL certificate) are not hosting-type services; cloud hosting does not fall within this category even though its name contains the word “hosting”. The name, plan, resources, term and scope of the service are shown on the product page and in the order summary.
2.7. Order Summary. The summary shown at the payment step before the Buyer confirms the order, containing the name, plan and essential characteristics of the Service, the billing period and the total price for that period including VAT and all other taxes, the payment method, any paid add-on options selected by the Buyer and, for Services that require manual setup, the estimated setup time. The information in the order summary is also transferred to the order-specific copy.
2.8. Order-Specific Copy. The copy of this Agreement and of the Pre-Information Form, completed with the Parties' details, the information in the order summary, the order date and the consents given by the Buyer, that is sent to the Buyer.
2.9. Customer Panel. The online management area provided by DomainQ for order, payment, invoicing, service management and support operations, which the Buyer accesses at https://account.domainq.com with their own user account.
2.10. Activation. Making the Service available for the Buyer's use after payment is confirmed. The activation date is shown in the customer panel.
2.11. Billing Period. The monthly, 3-month, 6-month, annual or multi-year period shown in the order summary for which the Service fee is paid in advance and during which the Service is provided. For the individual cloud hosting service, the prepaid balance basis in Section 5.3 applies instead of a period.
2.12. Durable Medium. As defined in Consumer Protection Law art. 3, any tool or medium, including email, the internet, disks and similar means, that enables information sent to or by the Buyer to be recorded in a manner that allows it to be examined for a reasonable period appropriate to its purpose, copied without alteration and accessed in identical form.
2.13. Pre-Information Form. The information document provided to the Buyer before the contract is concluded pursuant to Distance Contracts Regulation art. 5, with the Model Withdrawal Form annexed to it; its text is published on the Pre-Information Form page.
2.14. Terms of Service Agreement. The agreement containing DomainQ's general terms applicable to all Services; its text is published on the Terms of Service Agreement page.
2.15. Cancellation and Refund Policy. The policy setting out the procedures and principles for cancellations, refunds and the commercial satisfaction refund; its text is published on the Cancellation and Refund Policy page.
2.16. Commercial Satisfaction Refund. The refund, requiring no reason, that DomainQ grants to all Buyers, independently of the statutory right of withdrawal, only for the first purchase of hosting-type services; its conditions are set out in Sections 10.1 and 10.2.
2.17. Right of Withdrawal. The consumer's right under Consumer Protection Law art. 48/4 and Distance Contracts Regulation art. 9 to withdraw from the contract within fourteen (14) days without giving any reason and without paying any penalty; its scope and exceptions are set out in Sections 8 and 9.
2.18. Immediate-Start Consent. The mandatory consent given by the Buyer at the payment step, in the wording set out in Section 9.2, requesting that the order be started immediately after payment is confirmed.
3. Subject and Scope of the Agreement
3.1. Subject. The subject of this Agreement is the provision of the Service ordered by the Buyer through DomainQ's website and customer panel, whose characteristics, billing period and total price including all taxes are shown in the order summary.
3.2. Applicable Legislation. The rights and obligations of the Parties are set out within the framework of the Consumer Protection Law, the Distance Contracts Regulation and, for Services provided for a term, the Subscription Contracts Regulation. This Agreement is a distance contract within the meaning of Consumer Protection Law art. 48 and, for Services provided for a term, a subscription contract within the meaning of Consumer Protection Law art. 52.
3.3. Consumers and Business Customers. This Agreement has been drawn up for consumers and is shown to all Buyers at the payment step. If an individual invoice is selected in the order and the Buyer has not declared that they are acting for commercial or professional purposes, the Buyer is deemed a consumer and the provisions relating to consumers apply. A Buyer who selects a corporate invoice or declares that they are acting for commercial or professional purposes is a business customer. The statutory right of withdrawal and the other consumer-specific rights are granted only to consumers. The provisions applicable to business customers are set out in Section 4.2. The rights to information, order confirmation and access to the contract text under Law No. 6563 and the related regulations are reserved for all Buyers.
3.4. Essential Characteristics of the Service. The essential characteristics of the Service (for example, disk space, number and capacity of mailboxes, processor and memory resources, domain name extension and registration period, scope of management) are as shown in the order summary. These characteristics form part of the Agreement and are included in the order-specific copy.
3.5. Order-Specific Information. The order-specific copy contains the following information: order number and date; the Buyer's name and surname or trade name, billing address, email address and, where provided, telephone number; the name, plan and essential characteristics of the Service; the billing period; quantity; the total price including VAT and all other taxes; for the individual cloud hosting service, the balance amount loaded; the number of instalments and the total amount payable, if any; the payment method; for Services that require manual setup, the estimated setup time; and the consents given by the Buyer, together with their date and time and the versions of the documents accepted.
4. Documents and Order of Precedence
4.1. Documents. The three consumer documents are the Pre-Information Form, the Distance Sales Agreement and the Cancellation and Refund Policy. The Cancellation and Refund Policy is an annex to the Terms of Service Agreement; the document referred to in the Terms of Service Agreement as the “Refund and Cancellation Policy” or the “Refund Policy” is this Policy. For consumer orders, the Cancellation and Refund Policy applies together with the Pre-Information Form and the Distance Sales Agreement. The information in the Pre-Information Form forms an integral part of the Distance Sales Agreement. Pursuant to Distance Contracts Regulation art. 5/2, the information in the Pre-Information Form may not be changed unless the Parties expressly agree otherwise. The burden of proving that the pre-contractual information was provided lies with DomainQ (Distance Contracts Regulation art. 5/6).
4.2. Order of Precedence and Interpretation. In the event of a conflict between the documents, the following apply to consumers in this order: mandatory statutory provisions; the Distance Sales Agreement together with the Pre-Information Form (including the order-specific information in the order summary); the Cancellation and Refund Policy; and the Terms of Service Agreement. Provisions of the Terms of Service Agreement that conflict with these documents or are to the detriment of the consumer (including those on exceptions to the right of withdrawal, jurisdiction and charging costs to the consumer) do not apply to consumers. No provision of these documents may be interpreted so as to remove or limit the consumer's rights arising from mandatory legislation; where a provision is open to more than one interpretation, the interpretation most favourable to the consumer prevails. For Buyers acting for commercial or professional purposes, the Terms of Service Agreement governs; the commercial satisfaction refund also applies to such Buyers under the conditions of the Cancellation and Refund Policy.
4.3. Prohibition of Changes to the Consumer's Detriment. Pursuant to Consumer Protection Law art. 4/2, the terms of this Agreement may not be changed to the detriment of the consumer during the term of the contract. The rule on document versions is set out in Section 16.5 and the rule on the renewal fee in Section 5.2.
5. Price, Taxes and Payment
5.1. Total Price. The total price of the service including VAT and all other taxes is shown in Turkish lira in the order summary and on the payment page; this is the amount the consumer pays. No additional fee, cost or tax that is not shown in the order summary is charged. Paid add-on options are never pre-selected and are added to the order only if the Buyer separately selects them.
5.2. Renewal Fee and Price Increases. The renewal fee is calculated on the list price in effect on the renewal date, not on the campaign or discounted price of the first term, and may differ from the first-term price. The renewal fee including taxes is shown in the renewal notice or invoice. If the renewal fee has increased, the increase is notified to the Buyer before the renewal date; the consumer may reject the increase by turning off automatic renewal or ending the subscription before the renewal date, in which case the increased fee is not charged. The price of a term that has already been paid is not changed afterwards. The notice of increase is given at a time that reasonably allows the consumer to turn off automatic renewal before the renewal date; if an increased fee is collected without this notice, the difference is refunded to the payment method used.
5.3. Individual Cloud Hosting and Cloud Storage. Cloud hosting offered to consumers (individual) operates on a prepaid balance basis. The charge is calculated on the unit prices for processor, memory and disk shown on the configuration screen; the hourly amount is the monthly amount divided by 730 hours and is deducted from the balance according to how long the resources are used. Spending and the remaining balance can be monitored in the customer panel. When the balance runs out, the service may be suspended for the period stated in the customer panel notice; if no balance is added within that period, the service ends. If the consumer terminates, any unused prepaid balance is refunded to the payment method used; balance credited free of charge under a campaign is not refunded. Corporate (pay-as-you-go) cloud hosting is offered only to business customers and is outside the scope of these documents. The charging basis for the cloud storage service is shown on the product page and in the order summary.
5.4. Payment and Invoicing. The price of services offered to consumers is collected in advance, and no service is started before payment is confirmed. Payments are made using the methods offered on the payment page. Card payments are taken through the secure payment infrastructure of the contracted bank or a licensed payment institution; the card number and card security code are not stored by DomainQ. Where instalments are offered, the number of instalments and the total amount payable are shown on the payment page before approval. For each payment, an electronic invoice (e-archive) is issued in accordance with the legislation and sent to the Buyer's registered email address.
5.5. Paid Add-On Options. Paid services, add-ons or upgrades offered in addition to the main Service are added to the order only with the Buyer's separate and explicit consent, pursuant to Distance Contracts Regulation art. 19. Any additional charge collected without explicit consent is refunded to the Buyer immediately.
5.6. Default and Its Consequences. If the renewal fee or any other amount that has fallen due is not paid, the Buyer is informed by email and in the customer panel and is granted a reasonable additional period in accordance with the Terms of Service Agreement. If payment is not made within the additional period, the Service may be suspended and subsequently ended; the consequences for domain names are set out in Section 7.2 and the consequences for data in Section 7.8. In that case, no fee is claimed from the consumer for the period that has not been renewed or for the additional period. No penalty, administrative charge or similar additional fee is claimed from the consumer on account of default. If a card payment is reversed by the card issuer following the cardholder's dispute, the Service whose fee has not been covered may be suspended after notice to the Buyer; the consumer's rights of withdrawal, refund and objection are reserved.
6. Performance of the Service (Delivery)
6.1. Activation and Access. Services are performed electronically; there is no physical delivery and no delivery fee is charged. Services that are set up automatically are activated electronically after payment is confirmed. Where bank transfer (havale/EFT) is offered, activation takes place after it is confirmed that the payment has reached DomainQ's account. For services that require manual setup (e.g. dedicated servers), the estimated setup time is stated in the order summary. Access details are sent to the Buyer's registered email address and the service is managed through the customer panel. The start date of the service is the activation date, which is shown in the customer panel.
6.2. Domain Name Transactions. Domain name registrations and renewals are carried out instantly and electronically with the relevant registry after payment is confirmed. A domain name transfer begins when the transfer request is submitted to the relevant registry or registrar; completion of the transfer depends on the accuracy of the transfer code and on the approval processes of the current registrar and the registry. Domain name services are subject to the rules of the relevant extension and registry. If a registration or transfer cannot be completed because of registry rules, the Buyer is informed and the amount collected for that transaction is refunded. If a domain name transfer cannot be completed for any other reason, the amount collected for the transfer is also refunded. In these cases, notice and refund are given within the periods provided for impossibility of performance in Section 6.3.
6.3. Failure to Perform on Time and Impossibility of Performance. If DomainQ does not perform the service within the promised time, the consumer may terminate the contract; in that case all payments collected are refunded with statutory interest within fourteen (14) days of DomainQ receiving the termination notice. If performance of the service becomes impossible (e.g. the requested domain name cannot be registered or the hardware ordered cannot be obtained), DomainQ notifies the consumer in writing or on a durable medium within three (3) days of becoming aware of it and refunds all payments collected within fourteen (14) days of the notice at the latest (Distance Contracts Regulation art. 16). For Services that require manual setup, the promised time for the purposes of this Section is the setup time stated in the order summary.
7. Term, Automatic Renewal and Termination
7.1. Term. This Agreement is concluded for a fixed term corresponding to the billing period shown in the order summary; this term begins on the activation date and is renewed at the end of the term in accordance with Section 7.2. For the individual cloud hosting service, the Agreement is of indefinite duration and continues on the prepaid balance basis in Section 5.3.
7.2. Automatic Renewal. As set out in art. 12.1 of the Terms of Service Agreement, recurring services are renewed at the end of their term for the same period on the basis of the automatic renewal accepted when the order is placed; there is no separate consent box for this at the payment step, and information on automatic renewal is shown at the payment step. The Buyer may turn off automatic renewal at any time, without giving a reason, in the customer panel; in that case the service continues until the end of the paid term and ends at the end of that term. Before renewal, a renewal invoice or notice is sent to the Buyer's registered email address. If automatic renewal is turned off or the renewal fee is not paid, domain names may be suspended, deleted and become available for registration by third parties under the rules of the relevant registry; for hosting, server and storage services, the Buyer should back up their data before the term ends. Automatic renewal is based on a renewal instruction given by the consumer in the order, which the consumer may withdraw in the customer panel at any time up to the renewal date, including after receiving the renewal notice. If a renewal fee is collected without a renewal notice or invoice having been sent, that fee is refunded to the payment method used at the consumer's request and the renewal is deemed not to have taken place.
7.3. Consent, Withdrawal and Refunds at Renewal. The immediate-start consent given in the order also covers renewals of the same subscription; it is not requested again at renewal, and since performance of the service continues without interruption, the right of withdrawal at renewal is subject to the rule on exceptions to withdrawal. The commercial satisfaction refund does not apply to renewal periods. The consumer's rights to turn off automatic renewal, reject a price increase, terminate the subscription and claim for defective performance remain reserved. A renewal is a continuation of the subscription formed in the order; accordingly, the exceptions in Section 9.1 also apply to renewal periods.
7.4. Termination. The consumer may terminate the service through the customer panel or by email to info@domainq.com; termination does not require a more onerous form than the method by which the contract was concluded (such as a notary, a wet signature or a phone call). All of the consumer's termination rights under Consumer Protection Law art. 52 and the Subscription Contracts Regulation, including the right to terminate the subscription contract without giving a reason and without paying a penalty, remain reserved. The termination request is carried out within the period set by the legislation and the consumer is notified on a durable medium that termination has taken effect; any amount paid in advance for the period after the termination date is refunded in the cases and within the period set by the legislation. For business customers, termination and refunds are governed by the Terms of Service Agreement.
7.5. Scope of the Right of Termination. The consumer may terminate subscriptions of indefinite duration and fixed-term subscriptions of one year or longer at any time, without giving any reason and without paying any penalty. For fixed-term subscriptions shorter than one year, the consumer may end the Service at the end of the term by turning off automatic renewal; the consumer may also terminate before the end of the term if DomainQ changes the contract terms or if there is a valid reason that may prevent the consumer from using the Service (Subscription Contracts Regulation art. 22). If the termination request is not carried out within the period set by the legislation, no fee is claimed for the period after the expiry of that period, even if the Service has been used (Subscription Contracts Regulation art. 25).
7.6. Termination by DomainQ. DomainQ may suspend the Service or terminate the Agreement if the Buyer violates the acceptable use rules in the Terms of Service Agreement, repeats content violations, provides false identity or contact information, or is listed on sanctions lists. Suspension and termination are notified to the consumer, together with the reasons, in writing or on a durable medium; to the extent permitted by the seriousness of the violation, a decision of a competent authority or an urgent security risk, the notice is given before the action is taken. In these cases, amounts that must be refunded under mandatory legislation are reserved.
7.7. Discontinuation of a Service. If DomainQ ends a Service before the end of the term because of a decision to discontinue it, the consumer is notified in writing or on a durable medium before the Service ends, in accordance with the period stated in the Terms of Service Agreement. If shortening this period becomes necessary because of a security vulnerability, a decision of a competent authority or force majeure, the notice is given without delay, together with the reasons. If no equivalent Service is offered, or the consumer does not agree to switch to the equivalent Service offered, the portion of the fee paid corresponding to the unused period is refunded to the payment method used within the period set by the legislation.
7.8. Consequences of Termination, Data and Backups. When the Agreement ends for any reason, access to the Service is closed. The Buyer's content is kept for the period and on the terms stated in the Terms of Service Agreement and is then deleted, save for statutory retention obligations; deleted data may not be recoverable. The Buyer is responsible for backing up their data before the Service ends. The consequences for domain names that expire and are not renewed are set out in Section 7.2.
8. Right of Withdrawal
8.1. Period and Notice. Subject to the rule on exceptions to the right of withdrawal, the consumer may withdraw from the contract within fourteen (14) days starting on the day the contract is concluded, without giving any reason and without paying any penalty (Consumer Protection Law art. 48/4; Distance Contracts Regulation art. 9). Notice of withdrawal is given in writing or on a durable medium before the period expires, by email to info@domainq.com or by opening a support request in the customer panel; it is sufficient for the notice to be sent within the period. The consumer may use the Model Withdrawal Form annexed to the Pre-Information Form or make any other statement clearly setting out the decision to withdraw. DomainQ confirms receipt of the notice of withdrawal to the consumer by email without delay. The right of withdrawal is granted only to consumers and is separate from the commercial satisfaction refund.
8.2. Failure to Provide Information. The burden of proving that the consumer has been informed of the right of withdrawal lies with DomainQ. If the consumer has not been duly informed of the right of withdrawal, the consumer is not bound by the fourteen (14) day period; in any event, the right of withdrawal expires one year after the end of the withdrawal period. If due information is provided within this one-year period, the fourteen (14) day period begins on the day on which the information is provided (Distance Contracts Regulation art. 10).
8.3. Refunds. In the event of withdrawal, DomainQ refunds all payments collected for the service withdrawn from within fourteen (14) days of receiving the notice of withdrawal, in a manner appropriate to the payment method used, without imposing any cost on the consumer and in a single payment (Distance Contracts Regulation art. 12). Card payments made in instalments are also refunded in a single payment; the time it takes for the amount to appear on the card account depends on the card issuer. No campaign offset is applied in the event of statutory withdrawal. On exercise of the right of withdrawal, any ancillary contracts linked to the service also terminate at no cost to the consumer (art. 14).
9. Exceptions to the Right of Withdrawal
9.1. Exceptions. (a) Domain name registration and renewal are services performed instantly by electronic means, as they are carried out instantly with the relevant registry after payment is confirmed; there is no right of withdrawal for these transactions (Distance Contracts Regulation art. 15/1-(ğ)); because of the immediate-start consent given by the consumer at the payment step, art. 15/1-(h) also applies. (b) For a domain name transfer, the consumer may withdraw until the transfer request is submitted to the relevant registry or registrar; once the request has been submitted, there is no right of withdrawal, as performance of the service has begun with the consumer's consent (art. 15/1-(h)). (c) For all other services (Web Hosting, WordPress hosting, DomainPress, Online Store, VPS, dedicated servers, business email, cloud hosting, cloud storage, SiteQ and add-on services such as paid SSL certificates), there is no right of withdrawal from the moment performance begins with the consumer's consent (art. 15/1-(h)). Performance begins when the service is activated or, for services that require manual setup, when the setup work begins. For services whose performance has not yet begun (e.g. a dedicated server awaiting manual setup), the consumer may exercise the right of withdrawal until performance begins, and the full amount collected is refunded. Apart from these exceptions, the right of withdrawal is not restricted on any other ground (including the configuration of server resources according to the Buyer's choices). The absence of a right of withdrawal does not affect the rights relating to defective performance, failure to perform on time and termination of the subscription, or the commercial satisfaction refund for hosting-type services.
9.2. Immediate-Start Consent. At the payment step, the following consent is obtained through a separate box that is not pre-ticked: “I request that my order be started immediately after payment is confirmed. I understand that I have no right of withdrawal for services whose performance has begun and for domain name registrations and renewals, which are performed instantly. My rights regarding defective performance, my rights regarding termination of the subscription and my right to the commercial satisfaction refund for hosting-type services remain reserved.” The order cannot be completed unless this box is ticked. The consent is recorded together with the date, time and the versions of the documents accepted, and is shown in the order-specific copy. This consent given in the order also covers subsequent renewals of the same subscription; it is not requested again at renewal.
9.3. Display of Exceptions. The exceptions to the right of withdrawal and the cases in which there is no right of withdrawal are also shown separately in the Pre-Information Form and at the payment step; an exception that has not been shown in this way may not be relied upon.
10. Cancellation and Refunds
10.1. Commercial Satisfaction Refund. Independently of the statutory right of withdrawal, DomainQ grants a commercial satisfaction refund, with no reason required, only for hosting-type services (Web Hosting, WordPress hosting, DomainPress and Online Store) and only for the first purchase of the relevant service. The refund request must be made within the following periods from the activation date: fifteen (15) days for annual and longer terms and for 3-month and 6-month terms; three (3) days for monthly terms. The commercial satisfaction refund does not apply to renewal periods; the consumer's statutory rights remain reserved. This refund applies on the same terms to consumers who have given the immediate-start consent and to business customers. Requests are sent by email to info@domainq.com or through a support request in the customer panel. The refund covers the amount paid for the relevant hosting-type service and is made without delay to the payment method used, free of charge and in a single payment; the outcome is notified to the Buyer by email. Once the refund is approved, the relevant service ends; the Buyer should back up their data before making the request. Requests made within the period and under the conditions of this Section are accepted without any reason being required.
10.2. Excluded Items and Campaign Packages. Domain name registration, renewal and transfer fees paid in the same order as a hosting-type service, and third-party licence fees (including paid SSL certificates), are excluded from the commercial satisfaction refund. Where a free or discounted domain name was provided with a hosting-type service under a campaign, the commercial satisfaction refund is reduced by the domain name's list price on the order date less any amount the Buyer paid separately for the domain name, and the domain name remains registered in the Buyer's name until the end of its registration period. This offset applies only to the commercial satisfaction refund; it does not apply to refunds made because of statutory withdrawal, defective performance or failure to perform on time. The offset may not exceed the amount paid for the relevant hosting-type service and is shown separately in the notice of the refund outcome; no additional payment is requested from the Buyer because of this offset.
10.3. Non-Refundable Services and Reserved Rights. VPS (managed and unmanaged), dedicated servers, business email, cloud hosting, cloud storage, the SiteQ website builder, domain name services and paid add-on services are excluded from the commercial satisfaction refund. The term “non-refundable” means only that no commercial satisfaction refund is available; the consumer's statutory right of withdrawal is subject to the rule on exceptions to withdrawal. The consumer's rights regarding defective services (Consumer Protection Law arts. 13-15), rights in the event of failure to perform on time (Distance Contracts Regulation art. 16), rights to terminate the subscription contract (Consumer Protection Law art. 52 and the Subscription Contracts Regulation) and other mandatory rights remain reserved for every service. The term “non-refundable” also does not affect the refund, under Section 7.4, of the portion of the fee paid in advance that corresponds to the period after the termination date when a subscription is terminated. Add-on services linked to a domain name (including WHOIS privacy) are treated as part of the domain name for the purposes of the commercial satisfaction refund. Separately charged third-party plugin fees purchased with the Online Store service are also treated as third-party licence fees for the purposes of the commercial satisfaction refund.
10.4. Difference Between the Two Rights. The right of withdrawal is a statutory right that begins on the day the contract is concluded, is granted only to consumers and is subject to the exceptions in Section 9.1; it cannot be exercised for services whose performance has begun with the immediate-start consent. The commercial satisfaction refund, by contrast, is a commercial right that begins on the activation date and is granted to all Buyers only for the first purchase of hosting-type services. The two rights are not interchangeable, and the period of one does not alter the period of the other.
11. Rights and Obligations of the Parties
11.1. DomainQ's Obligations. DomainQ is obliged to provide the Service with the characteristics shown in the order summary throughout the term of the Agreement, to announce planned maintenance in advance wherever possible, to take reasonable technical and administrative security measures relating to the Service, and to provide support through the customer panel and by email.
11.2. Uptime Target. DomainQ operates its infrastructure with a 99.98% uptime target. This figure is a target, not a commitment giving rise to service credits or refunds, and it does not limit the consumer's rights regarding defective performance.
11.3. Consumer's Elective Rights. Where the Service is performed defectively, the consumer may, regardless of any fault on the part of DomainQ, exercise one of the following rights under Consumer Protection Law art. 15: re-performance of the service, free repair of the work resulting from the service, a price reduction proportionate to the defect, or rescission of the contract; the right to claim compensation under the general provisions in addition to these rights is reserved. The consumer also has these rights under Consumer Protection Law art. 15 where the Service cannot be provided at all or properly due to DomainQ's fault (Subscription Contracts Regulation art. 6/1-h).
11.4. Buyer's Obligations. The Buyer is obliged to provide accurate and current information; to use the Service in compliance with the law and the acceptable use rules in the Terms of Service Agreement; to comply with the resource limits of the Service package; to keep usernames, passwords and verification details confidential; to notify DomainQ without delay of any suspected unauthorised access; and to back up their own data regularly.
11.5. Third-Party Data and Content. The Buyer is responsible for the content hosted or processed through the Service and for the processing of personal data belonging to third parties, including compliance with the relevant legislation in this respect. This provision may not be interpreted in a manner contrary to the prohibition of unfair terms in Consumer Protection Law art. 5.
12. Force Majeure
12.1. Force Majeure Events. Events that arise beyond the reasonable control of the Parties, that are unforeseeable and that cannot be prevented by reasonable measures, such as natural disasters including earthquakes, floods and fires, epidemics, war, acts of terrorism, general strikes, cyber attacks of extraordinary scale that cannot be prevented despite reasonable security and continuity measures, regional or nationwide general power or communication outages, binding decisions of competent public authorities, and systemic outages originating from the relevant registries, are force majeure events that may cause interruptions to the Service (Subscription Contracts Regulation art. 6/1-ğ). Details are set out in the Terms of Service Agreement.
12.2. Notice and Suspension. For the duration of a force majeure event, the Parties may not be held liable for delay in performance or non-performance resulting from that event. This Section does not apply where DomainQ is at fault or has been negligent in a way that aggravates the effect of the force majeure event. DomainQ notifies the Buyer without delay of the force majeure event and its expected effect.
12.3. Termination and Refund. If the force majeure event prevents the consumer from using the Service, the consumer may terminate the contract without paying compensation (Subscription Contracts Regulation art. 22); in that case, the portion of the fee paid in advance corresponding to the unperformed period is refunded to the payment method used, free of charge and in a single payment.
13. Personal Data
13.1. Information and Explicit Consent. Personal data are processed in accordance with the KVKK Privacy Notice (Personal Data Protection Disclosure) and the Privacy Policy; these texts are presented separately from acceptance of the contract, and accepting the contract does not mean giving explicit consent to the processing of personal data. Consent to receive commercial electronic messages for campaigns and promotions is obtained at the payment step through a separate, optional box that is not pre-ticked; the order can be completed without this consent and the consent may be withdrawn at any time. These texts explain the data processed, the purposes of processing, the legal grounds, the groups of recipients to whom data are transferred, the retention periods and the rights of the data subject.
13.2. Data Controller and Requests. DomainQ processes the Buyer's personal data as data controller in accordance with the KVKK. Requests under the KVKK are sent to kvkk@domainq.com.
13.3. Payment Data. For card payments, card details are processed in the secure payment infrastructure of the contracted bank or licensed payment institution; the card number and card security code are not stored by DomainQ.
13.4. Retention of Records. Records relating to order, pre-information, consent, payment, activation and withdrawal transactions are retained for the period in Section 16.1 and for any longer periods prescribed by the relevant legislation, in particular Law No. 6563 and tax legislation. During this period, the Buyer may request that the order-specific copy be sent again by writing to info@domainq.com.
14. Notices and Evidence
14.1. Notices from DomainQ to the Buyer. Notices from DomainQ to the Buyer are sent to the Buyer's registered email address and to the customer panel.
14.2. Notices from the Buyer to DomainQ. The Buyer gives notices of withdrawal, refund, termination and complaint through the channels stated in Section 1.1, namely in writing or on a durable medium by email to info@domainq.com or by opening a support request in the customer panel.
14.3. Up-to-Date Contact Details. The Parties are obliged to keep their contact details up to date. Unless DomainQ is at fault, DomainQ may not be held liable for the consequences of notices that fail to reach the Buyer because the Buyer has not updated the contact details in the customer panel.
14.4. Evidential Value of Electronic Records. DomainQ's order, consent, payment, activation, email and system records may be used as evidence in disputes. The consumer's right to prove the contrary of these records by any means of evidence is reserved.
15. Support, Complaints and Dispute Resolution
15.1. Support and Complaints. Questions, requests and complaints are received through the support request system in the customer panel and at info@domainq.com; requests concerning personal data are sent to kvkk@domainq.com. Applying to DomainQ first is not a precondition for the consumer's statutory remedies.
15.2. Governing Law and Remedies. These documents are governed by Turkish law. For disputes within the monetary limits announced each year by the Ministry of Trade, the consumer applies to the consumer arbitration committee at their place of residence or where the consumer transaction took place (Consumer Protection Law art. 68); applications may also be made via e-Devlet. Consumer courts have jurisdiction over disputes exceeding these limits, and proceedings may also be brought at the consumer's place of residence (art. 73). Applying to a mediator before bringing an action in the consumer court is a precondition for the action (art. 73/A); disputes within the remit of consumer arbitration committees and objections to their decisions are exempt from this requirement. The provision in the Terms of Service Agreement conferring jurisdiction on the Istanbul courts and enforcement offices does not apply to consumers.
15.3. Objections to Arbitration Committee Decisions. The Parties may object to decisions of the consumer arbitration committee before the consumer court within two weeks from the date of notification (Consumer Protection Law art. 70/3).
16. Conclusion, Entry into Force, Consents and Copy
16.1. Conclusion, Entry into Force, Acknowledgement and Copy. The Pre-Information Form is an information and acknowledgement document: at the payment step, the consumer confirms that they have read the Form and been informed, and accepts the Distance Sales Agreement, the Terms of Service Agreement and the Cancellation and Refund Policy. This acknowledgement and acceptance are obtained through a mandatory box that is not pre-ticked. The Distance Sales Agreement is concluded when, following this acknowledgement and acceptance, the order is completed in a way that creates an obligation to pay. When the order is completed, an order confirmation and a copy of the Pre-Information Form and the Distance Sales Agreement containing the order-specific information and the consents given are sent to the Buyer's registered email address on a durable medium. Consent records and order-specific copies are kept for at least three (3) years (Distance Contracts Regulation art. 20). The Agreement enters into force when it is concluded. The date on which the Agreement is drawn up is the order date, which is shown in the order-specific copy (Subscription Contracts Regulation art. 6/1-c). The order-specific copy is provided on a durable medium pursuant to Consumer Protection Law arts. 4/1 and 52/2 and Subscription Contracts Regulation art. 5.
16.2. Consents at the Payment Step. The following consents are obtained at the payment step through separate boxes that are not pre-ticked: (i) the mandatory acknowledgement and acceptance of the documents: “I have read the Pre-Information Form and confirm that I have been informed; I have read and accept the Distance Sales Agreement, the Terms of Service Agreement and the Cancellation and Refund Policy.”; (ii) the mandatory immediate-start consent in Section 9.2; (iii) the optional consent to commercial electronic messages: “I would like to receive commercial electronic messages about campaigns, discounts and news. I can withdraw this consent at any time.” The order cannot be completed unless the first and second boxes are ticked; the order can be completed without ticking the third box. There is no separate consent box for automatic renewal; Section 7.2 applies. Before confirming the order, the Buyer can review their details in the order summary and correct input errors.
16.3. Legibility. This Agreement and its order-specific copy are drawn up in a clear, plain and legible manner.
16.4. Partial Invalidity. The invalidity of any provision of this Agreement does not affect the validity of the other provisions. Pursuant to Consumer Protection Law art. 5, provisions constituting unfair terms are absolutely null and void as regards the consumer.
16.5. Versions and Language. Each order is subject to the document versions accepted at the time of the order; later changes to the documents do not affect orders already placed to the consumer's detriment. Changes to the renewal fee are subject to the rule on renewal fees and price increases. The Turkish text of the documents prevails; the English texts are translations, and in the event of a conflict the Turkish text applies. This text is version 1.0 of this Agreement and applies from the date shown on the page as “Last updated”.