Terms of Service

Services under the simurgh.media brand are provided by two separate companies:

Contracting entity rule. For each order, proposal, order confirmation or invoice, the company named on it is the party that contracts with you, provides that service and collects its fees ("Simurgh", "we", "us"). The same client may buy some services from the Turkish Company and others from the US Company; each company is then responsible only for the orders and invoices issued in its own name. The two companies are not jointly liable.

These Terms of Service (the "Terms"), together with your order, any signed proposal or statement of work (a "Proposal"), the Acceptable Use Policy, the Domain Registration Terms, the Cancellation & Refund Policy and, for consumers buying from the Turkish Company, the Distance Sales Agreement, form the agreement between us. How we process personal data is explained in the Privacy Policy and the KVKK Notice.

Order of precedence: if documents conflict, (1) a signed Proposal or specific contract, (2) the order, (3) these Terms and (4) the other policies apply, in that order. Mandatory consumer protection rules always prevail.

• Client / you: the individual or legal entity that orders a service, and the authorised users who use the portal on its behalf.
• Consumer: an individual acting for purposes outside their trade, business or profession, as defined by the consumer law that applies to you.
• Portal: the client area where you manage your services, domains, invoices, payment methods and support tickets (client portal).
• Recurring service: a service provided for a monthly, annual or other term that renews at the end of the term (hosting, domains, smApp licences, monthly SEO and maintenance).
• Project service: one-off work whose scope is defined in a Proposal (a website, software, an AI or automation build, consulting).
• Due date: the last payment date of an invoice; for recurring services, the day the next term starts.

You need a portal account to buy and manage services. You are responsible for keeping the details you give us (company name, tax details, address, e-mail, phone) accurate and up to date. Tax and correction costs caused by wrong billing details are yours.

• You must keep your password secret, should turn on two-step verification (one-time codes from an authenticator app) and must store your recovery codes safely. Actions taken through your account are treated as yours.
• One sign-in may be linked to several client accounts (for example, your different companies); you are also responsible for the users you add to your account.
• When you use "Sign in with simurgh" (OpenID Connect) to log in to a third-party application, the details shown on the consent screen (such as your name and e-mail) are shared with that application. That application's own terms and privacy policy also apply.
• Tell us immediately if you suspect unauthorised use of your account. Where security requires it, we may end sessions or temporarily lock the account.

4.1 Agency and project services

The scope, deliverables, timeline and price of web, AI, automation, marketing and consulting work are set out in the Proposal. Requests outside that scope are priced separately. You must provide the content, access, approvals and feedback the work needs on time; delays on your side extend the timeline by the same amount. A deliverable is deemed accepted unless you object in writing within the acceptance period in the Proposal (or, if none is given, within [10] business days of delivery).

4.2 Monthly SEO, marketing and maintenance contracts

Monthly services cover the scope and hours defined in the Proposal; unused hours do not roll over unless stated otherwise. Search rankings, traffic, ad performance and sales depend on third parties (Google, Meta and others), so we do not guarantee any particular result. Unless agreed otherwise, ad budgets are paid directly from your own ad accounts and are not included in our fees.

4.3 Web hosting

Hosting is provided on cPanel/WHM based servers and is subject to the Acceptable Use Policy. Plan limits (disk, traffic, inodes, mailboxes and so on) are listed on the packages page and in your order. Server backups exist to protect the infrastructure; keeping current backups of your site and e-mail is your responsibility. We announce planned maintenance in advance where we can.

4.4 Domain registration

Domains are registered through the accredited registrar Enom (part of the Tucows group) under the rules of ICANN and of the registry for each domain. See the Domain Registration Terms.

4.5 smApp licences

An smApp CMS licence grants a non-exclusive, non-transferable right to use the software, limited to the plan, term and number of activations (domains) in your order. A licence key is bound to your domain on first activation; to verify the licence your installation sends its domain, installation ID, version and IP address to our servers. You may not redistribute or sublicense the software outside the licence or work around the licence check. Open-source components in the software are subject to their own licences. When a licence expires, updates and support stop; unless the licence plan says otherwise, the software may also stop working.

• Prices are those shown in the order, the Proposal or the portal, in the currency shown there. Prices the Turkish Company shows to consumers include taxes; for businesses, VAT is shown separately.
• The Turkish Company issues its invoices as e-Archive invoices or e-Invoices through Paraşüt, in line with the Turkish Tax Procedure Law. It accepts payment by bank transfer (havale/EFT) or, for card payments, through iyzico.
• The US Company issues its invoices in the portal and takes card payments through Stripe. Taxes, withholdings and duties arising in your country are yours unless the law says otherwise.
• We do not store your card details on our servers. The payment provider keeps them and gives us only a reference (token) plus the card brand, last four digits and expiry date.
• You can dispute an invoice within [30] days of its date by opening a support ticket in the portal. Valid disputes are settled with a corrected invoice or a refund.

Recurring services renew automatically for the same term at the end of each term unless you cancel them or we end them.

• The renewal invoice is created 14 days before the due date and sent to you by e-mail.
• If you have a card saved in the portal and marked as default, the renewal amount is charged to that card automatically on the due date, based on the authorisation you gave when you saved the card. If the charge fails, it is retried every 2 days, up to 3 times, and you are notified each time.
• Clients without a saved card, or who pay by bank transfer, pay the renewal invoice by its due date.
• You can turn off automatic renewal and remove saved cards at any time before the due date, in the portal (Payment methods and Services) or with a support ticket. This stops future charges; it does not affect a term that has already started.
• If we change a renewal price, the new price applies from the first term starting after the change and we tell you by e-mail at least [30] days in advance. Price increases imposed by domain registries may not follow this notice period.

Services linked to an invoice that is not paid by its due date may be suspended 5 days after the due date. A suspended hosting account stops serving its site and e-mail; its data is not deleted during suspension. Once the invoice is paid, the service is restored shortly afterwards.

Services that remain unpaid [30] days after suspension may be terminated, and their data (site files, databases, mailboxes, backups) may be permanently deleted. For domains, expiry and recovery follow the Domain Registration Terms. For unpaid project fees, we may hold back deliverables and the transfer of rights until payment is made.

For business clients, statutory default interest may apply to overdue amounts. Chargebacks raised without good reason may lead to suspension; please contact us first about any payment problem.

• By you: you may cancel recurring services at any time; cancellation takes effect at the end of the current term. Monthly service contracts follow the minimum term and notice period in the Proposal (if none is given, [30] days before the next term starts). Withdrawal and refunds are covered by the Cancellation & Refund Policy.
• By us: we may suspend or terminate a service for a material breach of these Terms or the Acceptable Use Policy, unpaid invoices, a legal requirement or an order of a competent authority. For breaches that are not material we first give written notice and a reasonable time to fix them; in urgent security or illegality cases we may act immediately.
• After termination: hosting accounts get [14] days to export data after termination (except accounts terminated for non-payment or illegal use). After that period the data is deleted. Records we must keep by law (invoices, accounting records) are kept for the statutory period.

All content, data and software that you host, send us or publish through our services ("Your Content") is your responsibility. You confirm that Your Content complies with the law, third-party rights and the Acceptable Use Policy, and that you hold the permissions and licences it needs.

Personal data: for personal data on sites you host with us, or in projects you give us to work on, you are the controller and we are your processor, acting on your instructions. Informing your visitors and obtaining any consents is your responsibility. On request we sign a data processing agreement that meets KVKK and GDPR requirements.

We may have to remove access to content or disclose information to comply with lawful requests of competent authorities, court orders, notices under Turkish Law No. 5651 or, for the US Company, applicable US law.

• You keep all rights in Your Content. You allow us to use it as far as needed to provide the service (hosting, backup, display, processing).
• For project services, the economic rights in deliverables made specifically for you pass to you once the full price is paid, unless the Proposal says otherwise.
• Pre-existing tools, libraries, templates, smApp and our other products, and our know-how remain ours; you receive a non-exclusive right to use them as far as needed to use the deliverable, during and after the project. Open-source and third-party components are subject to their own licences.
• We use your name or logo as a reference only with your written consent.

During the agreement and for [3] years after it ends, each party uses the other party's trade secrets and information marked confidential, or clearly confidential by its nature, only to perform the agreement and does not disclose it to third parties. Information that must be disclosed by law, is public or was developed independently is excluded. A separate non-disclosure agreement (NDA), if signed, prevails.

We provide the services with care and in line with industry practice. Because we depend on the internet, data centres, domain registries, payment providers and other third parties, we do not promise uninterrupted or error-free service. A specific availability level or service credits apply only where a Proposal or a separate service level agreement (SLA) says so.

Mandatory legal rules and the statutory rights of consumers regarding defective services are not affected.

• To the maximum extent permitted by law, our total liability relating to a service is limited to the fees you paid for that service in the 12 months before the event giving rise to the claim.
• We are not liable for indirect or consequential loss such as lost profit, lost data (your duty to keep backups remains), loss of reputation or business interruption.
• These limits do not apply to loss caused by our intent or gross negligence, to death or personal injury, or to the statutory rights of consumers, and they apply only as far as the governing law allows.

You agree to cover the losses and reasonable costs (including legal fees) arising from claims brought against us because of Your Content, your use of the services in breach of these Terms or the Acceptable Use Policy, or your infringement of third-party rights. For consumers, this applies only as far as the law allows.

Neither party is in breach while events beyond its reasonable control prevent performance, such as natural disasters, epidemics, war, terrorism, strikes, cyber attacks, power or telecom outages, data centre or upstream provider failures, or orders of public authorities. If force majeure lasts more than [60] days, either party may terminate the affected service by written notice; prepaid fees for the unused period are then refunded.

We may update these Terms to reflect changes in law, our services or our business. We notify material changes that are to your disadvantage by e-mail and in the portal at least [30] days before they take effect. If you do not accept a change, you may cancel the affected services without penalty before it takes effect, and prepaid fees for the unused period are refunded. The terms you accepted for a running term stay in force until that term ends.

Notices to you are sent to the e-mail address on your portal account and are deemed delivered when sent. You can send notices to us through a portal support ticket or to [email protected]; formal notices to the Turkish Company may also be sent to its KEP address: [KEP address].

• Agreements with the Turkish Company are governed by the laws of the Republic of Türkiye. The Istanbul (Anatolian) Courts and Enforcement Offices have jurisdiction. Consumers may apply to the Consumer Arbitration Committee or the Consumer Courts as provided by Turkish Law No. 6502; this clause does not restrict those rights.
• Agreements with the US Company are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The state and federal courts located in the State of Delaware have jurisdiction. Rights that the consumer law of your country gives you and that cannot be waived by contract are not affected.
• The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

• Records as evidence: portal records, system and transaction logs, e-mail correspondence and payment provider records may be used as evidence in a dispute. For business clients of the Turkish Company they are conclusive evidence under Article 193 of the Turkish Code of Civil Procedure; consumers may always bring counter-evidence.
• Assignment: you may not assign your rights and obligations under this agreement without our written consent. We may assign the agreement to another simurgh.media group company or to a successor of the business, with prior notice to you and without disrupting the service.
• Severability: if a provision is held invalid, the rest remain in force.
• Language: the Turkish text governs agreements with the Turkish Company and the English text governs agreements with the US Company.