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1 - PARTIES
This electronic communication services subscription agreement (agreement) is drawn up and signed in two copies, one kept by Superonline İletişim Hizmetleri A.Ş. (TURKCELL SUPERONLINE), located at Aydınevler Mahallesi İnönü Caddesi No:20 Küçükyalı Ofispark 34854 Maltepe/İSTANBUL, and the other provided to the individual or legal entity (SUBSCRIBER), whose details are listed on the first page of the subscription agreement.
2 - DEFINITIONS
BUSINESS PARTNER: Companies that work with TURKCELL SUPERONLINE or provide certain solutions and products that meet the needs of customers in the services provided by TURKCELL SUPERONLINE.
CAMPAIGN: A sales and marketing strategy involving the provision of telecommunication services by TURKCELL SUPERONLINE with additional benefits, offered for a specific duration.
DATA SERVICES: The data transmission services provided, including internet access services using any technology.
EQUIPMENT: Any devices, equipment, and cabling necessary for the use of TURKCELL SUPERONLINE services.
FAIR USE POLICY: The usage conditions announced on the website www.superonline.net, created by TURKCELL SUPERONLINE to prevent the use of the service, provided outside of its intended type and purpose, in any qualitative or quantitative manner that affects the rights of other users or the content or quality of the service they receive.
GEOGRAPHIC NUMBER: A number structured in such a way that the digits represent geographic meaning and enable the call to be routed to the network termination point.
MODEM: Infrastructure device that provides internet, voice, and TV services to the SUBSCRIBER.
NON-GEOGRAPHIC NUMBER: A number in the national numbering plan whose digits do not represent geographic meaning. In matters not defined in this agreement, the definitions in the Electronic Communications Law No. 5809 and other relevant regulations, decisions, and notices shall apply.
REGULATORY BODY: Refers to the Information and Communication Technologies Authority (BTK) of the Republic of Turkey.
SPEED AREA: The speed limitation imposed on the internet service offered by TURKCELL SUPERONLINE once subscribers reach a specific download/upload amount under the fair use policy.
TARIFF: The fees that TURKCELL SUPERONLINE may charge its subscribers for the provision of electronic communication services, including temporary tariff changes, under various names.
TECHNICAL SUPPORT: The installation services provided at the subscriber’s premises for data, voice, and value-added services, and the repair, maintenance, and support services performed at the subscriber’s premises to ensure the continuity of the services under this agreement, excluding the repair of faults caused by TURKCELL SUPERONLINE, except for special conditions of the campaign used.
VALUE-ADDED SERVICES: Any services outside the scope of the definitions of voice, data, and professional services.
VOICE SERVICES: Provision of voice services using any technology through the access network or within the scope of authorizations granted by the authority.
3 - SUBJECT OF THE AGREEMENT
This agreement regulates the rights and obligations of the parties concerning all electronic communication services provided by TURKCELL SUPERONLINE to the SUBSCRIBER.
The services to be provided under this agreement will be offered based on the preferences specified by the SUBSCRIBER on the first page of the agreement, by contacting Customer Services, or online through the TURKCELL SUPERONLINE website, or through any other sales channel of TURKCELL SUPERONLINE.
TURKCELL SUPERONLINE provides services in accordance with international standards, the standards set by the Regulatory Authority, the relevant authorization documents, and the standards prescribed by applicable legislation.
Additionally, the SUBSCRIBER acknowledges that the level and types of services provided by TURKCELL SUPERONLINE may vary depending on the tariff and packages the SUBSCRIBER is subject to, as well as geographical conditions and their location.
4 - RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 TURKCELL SUPERONLINE is free to use any technology it deems appropriate within the framework of the procedures and service requirements it determines, after this subscription agreement is duly filled out by the SUBSCRIBER and signed by the SUBSCRIBER or their representative.
The technical procedures necessary for providing the service will be carried out by TURKCELL SUPERONLINE or by a business partner designated by TURKCELL SUPERONLINE.
TURKCELL SUPERONLINE has the right to contract with a third party or organization for any of its obligations or to delegate the service partially or entirely to others.
In such a case, TURKCELL SUPERONLINE will be responsible for the operations performed by third parties.
4.2 TURKCELL SUPERONLINE reserves the right to change, remove, renew the products and services it offers, and to make changes in the tariffs and prices for all services by notifying the SUBSCRIBER within a reasonable time before they take effect.
Changes in TURKCELL SUPERONLINE’s tariffs and their details can be accessed at www.superonline.net.
TURKCELL SUPERONLINE reserves the right to bill a minimum call charge for voice subscriptions by notifying subscribers in advance.
4.3 TURKCELL SUPERONLINE cannot be held responsible for delays, failures, or improper functioning of electronic communication services due to force majeure, network maintenance and repair works by the infrastructure provider, legal regulations, or reasons arising from this agreement, including, but not limited to, interruptions and restrictions imposed by authorized official authorities, or the closure, temporary or permanent suspension of TURKCELL SUPERONLINE’s operations by legal institutions.
The SUBSCRIBER cannot make any claims from TURKCELL SUPERONLINE for these reasons.
In the event of operational problems affecting one of the parties that are beyond TURKCELL SUPERONLINE’s control and/or unlawful interventions in information systems from third parties, or in case of exposure to virtual (cyber) attacks, or even if there is a suspicion that such dangers/incidents may occur, TURKCELL SUPERONLINE reserves the right, under any circumstances, to (i) temporarily or permanently suspend the service subject to this agreement; or (ii) reduce the service level; or (iii) immediately terminate the agreement unilaterally, without being liable for any damages, compensation, penalties, costs, loss of profits, or other payments.
4.4 The SUBSCRIBER agrees that if they fail to fully fulfill their obligations arising from the signing and implementation of this agreement, the services provided by TURKCELL SUPERONLINE will be suspended, terminated, and the agreement will be canceled.
4.5 The SUBSCRIBER agrees and undertakes to provide TURKCELL SUPERONLINE personnel or third parties designated by TURKCELL SUPERONLINE with the necessary workspace, access rights, communication facilities, and the space required for the installation of devices, cabling permissions, and electricity to perform the necessary installation and technical support processes for the provision of the service.
4.6 Problems arising from the SUBSCRIBER are the responsibility of the SUBSCRIBER, and no fault or liability can be attributed to TURKCELL SUPERONLINE.
4.7 The scope of the service, its provision, and the necessary information for the installation of equipment will be submitted to TURKCELL SUPERONLINE by the SUBSCRIBER at the time of signing the contract, through the completion and signing of the form found on the first page of the contract.
The applicable tariff and campaign will be determined based on this information.
4.8 The SUBSCRIBER is responsible for the security and use of any usernames and passwords assigned to them, including all equipment such as MODEM provided by TURKCELL SUPERONLINE or owned by the SUBSCRIBER.
The SUBSCRIBER is obligated to immediately notify TURKCELL SUPERONLINE in case of theft or loss of their username and password in order to have them changed.
Otherwise, the SUBSCRIBER will bear administrative, legal, financial, and penal responsibility for any unauthorized use of their username and password.
4.9 When TURKCELL SUPERONLINE switches to password usage or electronic transaction records, changes can be made by informing the SUBSCRIBER in the proper manner.
TURKCELL SUPERONLINE is not responsible for the failure to meet the SUBSCRIBER's request due to force majeure or technical impossibilities.
4.10 The SUBSCRIBER is obligated to notify TURKCELL SUPERONLINE of any changes in their contact information, as well as transfer and relocation requests.
The SUBSCRIBER is responsible for any consequences resulting from the failure to provide this notification.
4.11 In case of changes in the national numbering plan or the existence of force majeure, TURKCELL SUPERONLINE may change the SUBSCRIBER's phone number by informing the SUBSCRIBER one (1) month in advance.
4.12 TURKCELL SUPERONLINE will take the necessary measures to maintain the integrity of the communication networks, including ensuring uninterrupted access to emergency service numbers during disasters.
The SUBSCRIBER acknowledges, declares, and agrees that if their MODEM is turned off, malfunctioning, or its power source or Uninterruptible Power Supply (UPS) is cut off, they will not be able to access emergency call services, and in such cases, TURKCELL SUPERONLINE will not be liable for any damages.
4.13 TURKCELL SUPERONLINE reserves the right to make any changes in technical services and operations as required by technology.
If these changes require the use of specific equipment or structural changes to the SUBSCRIBER's existing equipment, the SUBSCRIBER who wishes to benefit from these services will bear the cost of new equipment or modifications.
If the changes are necessary for the continuation of service and are caused by TURKCELL SUPERONLINE, the cost will be covered by TURKCELL SUPERONLINE.
TURKCELL SUPERONLINE reserves the right to change the IP addresses of subscribers using static IPs by giving prior notice.
The SUBSCRIBER cannot claim any rights or compensation from TURKCELL SUPERONLINE for this or due to services provided by other networks.
4.14 The SUBSCRIBER cannot lease or transfer the rights arising from this contract to third parties without the consent of TURKCELL SUPERONLINE.
In case of the transfer of rights under the contract with the consent of TURKCELL SUPERONLINE, the SUBSCRIBER agrees and undertakes that all debts, taxes, and similar financial obligations arising from or to arise from this contract will be paid jointly and severally by the transferring and receiving SUBSCRIBER.
4.15 If the SUBSCRIBER wishes to benefit from services such as cable installation, providing internet access to their own device, or other labor-intensive services at the service location that are not included in the campaign they are using, they can do so by paying the necessary fees.
Special conditions of the campaigns organized by TURKCELL SUPERONLINE are exceptions.
4.16 The SUBSCRIBER can address their questions and requests regarding the electronic communication services they are using by calling Turkcell Superonline Corporate Customer Service at 0850 222 1 222 or Turkcell Superonline Individual Customer Service at 0850 222 0 222, as announced by TURKCELL SUPERONLINE.
4.17 In cases provided for by laws and court decisions, the SUBSCRIBER acknowledges, declares, and undertakes that TURKCELL SUPERONLINE has no responsibility regarding the listening, recording, storage, and monitoring of electronic communications by third parties, and the SUBSCRIBER will not make any claims for compensation from TURKCELL SUPERONLINE under any circumstances.
4.18 The SUBSCRIBER cannot use the services provided by TURKCELL SUPERONLINE unlawfully, outside the address where the service is received, or in a manner exceeding personal use.
The SUBSCRIBER cannot share the service provided to them by TURKCELL SUPERONLINE with third parties outside the service address.
The SUBSCRIBER undertakes not to use the services provided to them for any action that may constitute a crime under the laws of the Republic of Turkey, including insults, pornography, activities harmful to public safety, attacks on the constitutional order, or personal rights.
Otherwise, the SUBSCRIBER accepts, declares, and undertakes that they will be fully responsible for any consequences; that TURKCELL SUPERONLINE has the right to immediately terminate this contract; and that they will compensate TURKCELL SUPERONLINE for any sanctions or damages caused by the failure to comply with the obligations set out in this article.
4.19 If the service is interrupted for more than 48 (forty-eight) hours due to the fault of TURKCELL SUPERONLINE, except for unforeseen circumstances and force majeure, TURKCELL SUPERONLINE will refund the SUBSCRIBER for the days the service was not provided, upon the SUBSCRIBER's request.
However, TURKCELL SUPERONLINE will not issue a refund for downtime that is not recorded in TURKCELL SUPERONLINE’s logs or for which there is no agreement on the duration of the interruption.
TURKCELL SUPERONLINE is not responsible for interruptions caused by Türk Telekomünikasyon A.Ş., and TURKCELL SUPERONLINE’s right to claim payments due under the contract remains.
4.20 The SUBSCRIBER accepts that their conversations with Customer Service will be recorded by Customer Service and that these recordings will be stored by TURKCELL SUPERONLINE for a period determined by TURKCELL SUPERONLINE.
4.21 TURKCELL SUPERONLINE may use the customer contact information provided in the form on the first page of the contract to inform the SUBSCRIBER about new products, campaigns, business partners, line closures, the SUBSCRIBER’s debt status, etc., and make other notifications required by legislation.
TURKCELL SUPERONLINE will not be responsible for messages that fail to reach the SUBSCRIBER for reasons beyond TURKCELL SUPERONLINE's control.
The SUBSCRIBER acknowledges, declares, and undertakes that the information provided on the first page of the contract is correct, up-to-date, and belongs to them, and thus will not lodge any complaints against TURKCELL SUPERONLINE.
4.22 The SUBSCRIBER can access information regarding the value-added services provided by TURKCELL SUPERONLINE under this contract, as well as information about TURKCELL SUPERONLINE’s other products, services, and campaigns, via the website www.superonline.net and can benefit from these services upon approval.
4.23 If TURKCELL SUPERONLINE assigns a non-geographical number to the SUBSCRIBER under this contract and the SUBSCRIBER makes an emergency service call from any location other than the address specified in the contract as the service location, the SUBSCRIBER acknowledges, declares, and undertakes that TURKCELL SUPERONLINE will treat the call as being made from the service address and will send that address information to the relevant authorities.
4.24 If the SUBSCRIBER receives technical support from Turkcell Superonline at any time, either at the beginning or during the subscription, the fee for the technical support is listed on www.superonline.net.
In addition to these fees, if there is a need for hardware or spare parts, the SUBSCRIBER acknowledges, declares, and undertakes to pay all additional costs.
4.25 If the SUBSCRIBER moves from the address where the service is provided and does not inform TURKCELL SUPERONLINE or request the transfer of the service to the new address, TURKCELL SUPERONLINE reserves the right to unilaterally terminate this contract by exercising its right under article 6.3.
4.26 At the time of signing this contract or afterward, the commitment agreements (Taahhütname) and Tariff Acceptance Documents to be signed by the SUBSCRIBER for the services within the scope of this contract will be an annex and an integral part of this contract.
In case of any conflict between the provisions of this contract and the commitment agreement, the provisions of the commitment agreement will prevail.
4.27 The voice service provided under this contract can be accessed via different internet access options using software (softclient, softphone, etc.) determined by TURKCELL SUPERONLINE.
If these software programs are not used, the voice service will only be provided via TURKCELL SUPERONLINE’s internet infrastructure, and the SUBSCRIBER must have an internet subscription with TURKCELL SUPERONLINE to receive the voice service.
If the internet subscription is terminated for any reason, the voice service will also be terminated by TURKCELL SUPERONLINE without further notice.
4.28 If the voice service provided by TURKCELL SUPERONLINE is delivered via the internet infrastructure, the SUBSCRIBER is responsible for ensuring continuous internet access and keeping the MODEM powered to use the voice service without interruption.
4.29 TURKCELL SUPERONLINE reserves the right to provide various services enabled by technology to its other subscribers via the MODEM assigned to the SUBSCRIBER without affecting the SUBSCRIBER’s service.
5 - FINANCIAL PROVISIONS
5.1 TURKCELL SUPERONLINE issues a monthly/periodic invoice to the SUBSCRIBER based on the tariff selected by the SUBSCRIBER and sends it to the SUBSCRIBER’s address by mail before the due date.
The connection fee incurred due to the activation of the subscription will be charged to the SUBSCRIBER in installments or as a lump sum from the SUBSCRIBER’s first invoice, depending on the SUBSCRIBER’s choice.
If the SUBSCRIBER does not wish to receive an invoice prepared by TURKCELL SUPERONLINE, TURKCELL SUPERONLINE will send the SUBSCRIBER the minimum invoice amount and the due date information via email, SMS, or other methods.
TURKCELL SUPERONLINE will not be held responsible for delays in the delivery of invoices by mail that occur outside of TURKCELL SUPERONLINE’s control.
Until the contract is terminated for any reason, the SUBSCRIBER is obligated to pay all the amounts included in the selected tariff and campaign, along with all taxes, fees, and duties specified in the law, by the due date on the invoice.
If the SUBSCRIBER does not pay the full amount by the date specified in the invoice, TURKCELL SUPERONLINE’s services and other services provided by TURKCELL SUPERONLINE may be suspended, terminated, and the SUBSCRIBER will not be able to register for a new subscription.
If the type of service used shows a significant increase compared to previous usage, TURKCELL SUPERONLINE may request an interim payment from the SUBSCRIBER.
If the interim payment is not made, TURKCELL SUPERONLINE reserves the right to restrict and/or cut off the service by notifying the SUBSCRIBER.
The suspension of services by the SUBSCRIBER or TURKCELL SUPERONLINE for any reason, or the suspension due to payment issues, will not prevent the invoicing of the usage fees in the relevant tariff.
If any of these fees are not paid by the due date, TURKCELL SUPERONLINE reserves the right to terminate the contract after giving a warning.
The collection of any invoice amount by TURKCELL SUPERONLINE does not mean that the SUBSCRIBER’s previous unpaid debts from earlier billing periods have been settled and discharged.
5.2 TURKCELL SUPERONLINE reserves the right to issue a single monthly invoice for multiple services used by the SUBSCRIBER, provided that the fees for the services received are listed separately.
TURKCELL SUPERONLINE, in accordance with Turkish laws and regulations and with the consent of the SUBSCRIBER, will be considered to have fulfilled its invoicing obligation by issuing electronic invoices and sending them via mutually agreed alternative delivery methods.
The SUBSCRIBER accepts that service fees from previous periods, which have not been invoiced, will be charged on subsequent invoices.
The SUBSCRIBER must pay the total amount of the monthly invoice in full, using the payment channels specified on the invoice.
In the event of duplicate payment, the SUBSCRIBER acknowledges that any excess payment can be used to settle debts from previous periods, or the remaining amount can be deducted from the following month's invoice, or the remaining balance can be refunded in cash.
If the invoice does not reach the SUBSCRIBER, they accept and undertake to obtain the invoice information from TURKCELL SUPERONLINE or from the contracted bank and institutions announced by TURKCELL SUPERONLINE.
5.3 The application period for detailed invoice requests and/or objections is one (1) year from the payment due date.
Objections to the invoice must be made in writing.
Requests and objections made after this period will not be considered.
Objections to the invoice do not stop the payment.
TURKCELL SUPERONLINE reserves the right to charge interest on late payments from the due date.
If the SUBSCRIBER's objection is found to be valid, the disputed amount, along with the applicable interest, will be refunded according to the SUBSCRIBER's choice, either in cash or by offsetting it against future invoices.
All refund requests may be subjected to review if there is reasonable suspicion, and TURKCELL SUPERONLINE may request additional documents from the SUBSCRIBER to verify the claim.
If bad faith is detected, the refund request may be denied.
5.4 Invoice payments can be made through the methods determined by TURKCELL SUPERONLINE, at the contracted banks and institutions listed in the invoices and announcements, through Customer Service, or via the official TURKCELL SUPERONLINE website, and invoice information can be accessed through these same channels.
For this reason, even if the invoice does not reach the SUBSCRIBER, they are obligated to learn the invoice debt through the specified channels and make the payment to TURKCELL SUPERONLINE within the payment period.
For invoice payments or prepaid product sales, if a payment is requested for each transaction through contracted institutions or channels, the SUBSCRIBER must pay the amount determined by the relevant institution in advance.
For payments made after the due date indicated on the invoice, TURKCELL SUPERONLINE will apply a daily late fee based on the number of delayed days at the rate specified in the invoices, and this interest rate will be communicated to the SUBSCRIBER in the invoices.
5.5 The SUBSCRIBER agrees and undertakes that if they fail to pay their debt to TURKCELL SUPERONLINE, legal action will be taken, and they will be responsible for paying all legal costs, including interest, attorney fees, and all legal expenses, in addition to the principal debt, as well as VAT and Special Communication Tax arising from the interest on the principal debt, and any other taxes, fees, and charges that may be imposed in the future.
5.6 If the SUBSCRIBER fails to pay the debt that leads to the termination of this contract, TURKCELL SUPERONLINE may also suspend other services registered under the SUBSCRIBER's name and terminate the contracts.
5.7 Except for the Stamp Duty arising from the signing of this contract, all taxes, fees, and charges will be paid by the party required by law, and the full amount of the Stamp Duty will first be paid by TURKCELL SUPERONLINE, and then the entire amount of the Stamp Duty paid by TURKCELL SUPERONLINE will be invoiced to the SUBSCRIBER.
5.8 If the SUBSCRIBER does not fully pay their debt within 1 (one) to 135 (one hundred thirty-five) days after the due date of the invoice, Turkcell Superonline may restrict or suspend their services.
If the SUBSCRIBER makes a payment after their service is restricted or suspended due to unpaid invoices, once the speed limitation is lifted or the service is reactivated, the SUBSCRIBER agrees to pay the reconnection fee/service activation fee specified on the TURKCELL SUPERONLINE website http://www.superonline.net and, except in cases of subscription termination, that they will begin to benefit from the service under the agreed conditions within 24 hours at the latest after the payment is made or the violation is rectified.
The SUBSCRIBER also agrees that the fee will be charged on their next invoice after the service is resumed under the promised conditions by TURKCELL SUPERONLINE.
5.9 If the SUBSCRIBER changes the address where they receive fiber/ADSL internet service, they may request a transfer of their subscription from TURKCELL SUPERONLINE, and if the request is deemed appropriate by TURKCELL SUPERONLINE, the SUBSCRIBER agrees to pay the relocation fee specified on www.superonline.net and/or in the campaign commitment within the scope of contracted campaigns, due to the reinstallation. The SUBSCRIBER also agrees that this amount will be reflected on the first invoice issued by TURKCELL SUPERONLINE following the completion of the relocation process.
6 - TERMINATION OF THE CONTRACT
6.1 This contract remains valid until terminated by either party.
The SUBSCRIBER can terminate the contract at any time by submitting a written request to TURKCELL SUPERONLINE or to an authorized dealer responsible for starting the subscription of the relevant service, confirmed by sending a signed request to TURKCELL SUPERONLINE's fax number or using digitally signed and storable documents sent via a secure electronic signature.
TURKCELL SUPERONLINE will terminate the subscription within the period specified under the Consumer Rights Regulation in the Electronic Communication Sector, following the receipt of a properly submitted request.
In such cases, the provisions of articles 5.1 and 6.3 of this contract, along with campaign conditions, will remain in force.
6.2 TURKCELL SUPERONLINE will ensure that service is provided to the SUBSCRIBER within 26 (twenty-six) days following the signing of this contract, provided that the technical infrastructure is available, the application complies with the current regulations, and there is no obstacle beyond TURKCELL SUPERONLINE's control.
TURKCELL SUPERONLINE is not responsible for being unable to provide the service or for any delays caused by the lack of necessary infrastructure or reasons beyond its control.
Failure to provide the service due to reasons attributable to the SUBSCRIBER does not prevent TURKCELL SUPERONLINE from invoicing the monthly service fee.
After the service provided by TURKCELL SUPERONLINE has been initiated, if the service fee is collected in advance at the start of the service, and the SUBSCRIBER terminates the contract (except for campaign-related conditions), the advance payment will be refunded to the SUBSCRIBER within 15 days after offsetting the cost of services already provided up to that point.
6.3 The SUBSCRIBER agrees and declares that they will continue their subscription for the duration and under the conditions specified in the campaign where they received a paid service or equipment at a discount or for free.
If the SUBSCRIBER terminates the subscription before this period expires, they accept that TURKCELL SUPERONLINE will invoice them for the full price of the service or equipment provided for free or at a discount under the campaign.
6.4 TURKCELL SUPERONLINE reserves the right to invoice the SUBSCRIBER for the cost of the modem provided free of charge under the contract if the modem is not returned to TURKCELL SUPERONLINE stores or via courier within 10 days following the termination of the subscription.
7 - TERMINATION OF THE CONTRACT
7.1 If TURKCELL SUPERONLINE determines that the documents and information provided by the SUBSCRIBER at the time of contract issuance, or the information filled out on the first page of the contract, are incomplete, false, or incorrect, or if it finds that the subscription was made in bad faith, TURKCELL SUPERONLINE reserves the right to reject the subscription before the service start date or, at any time, terminate the subscription after evaluating the accuracy of the personal information and documents provided in the subscription application by contacting the SUBSCRIBER, relevant institutions and organizations, or requesting additional documents.
Until proven otherwise, TURKCELL SUPERONLINE also reserves the right to suspend the service.
Additionally, the SUBSCRIBER cannot use the service in any way that disrupts public order, violates general morality, infringes on the rights of third parties, or for illegal, malicious, fraudulent, or deceptive purposes, or resell the service to third parties for commercial purposes.
If any of these are detected, TURKCELL SUPERONLINE reserves the right to terminate the contract.
7.2 If TURKCELL SUPERONLINE determines that the service provided to the SUBSCRIBER is being shared with third parties as specified in Article 4.18, TURKCELL SUPERONLINE reserves the right to immediately and unilaterally terminate the contract.
8 - NOTIFICATION
The SUBSCRIBER must inform TURKCELL SUPERONLINE in writing, by notifying Customer Service, or using any method announced by TURKCELL SUPERONLINE about any changes in the documents and information provided at the time of signing the subscription contract.
Unless properly notified, the information specified in the contract will be considered accurate.
Any transactions or notifications based on this information will be considered valid and will have the legal consequences of a valid notice.
9 - DISPUTE RESOLUTION
In the event of disputes between the SUBSCRIBER and TURKCELL SUPERONLINE, if no settlement is reached through the Consumer Complaints Resolution Mechanism established by TURKCELL SUPERONLINE under the relevant legislation, or through the Online Transaction Center and the Provincial and District Consumer Arbitration Committees available on www.superonline.net, the competent court will be either the court in the residence of the defendant, the court where the contract will be executed, or the court where the contract was signed, provided that the defendant or their attorney is present at the time of filing the lawsuit.
Alternatively, the court in the residence of the SUBSCRIBER or the Enforcement Offices in those locations will have jurisdiction.
10 - FORCE MAJEURE
These are cases of impossibility of performance regulated by Articles 136-138 of the Turkish Code of Obligations No. 6098.
It refers to extraordinary situations such as earthquakes, floods, avalanches, and other natural disasters and calamities, fires, wars, embargoes, mobilizations, government decisions, and similar events unforeseen by the parties at the time of the CONTRACT.
11 - SPECIAL SERVICE PROVISIONS
These special provisions regulate the obligations of the parties regarding the SUBSCRIBER’s use of the specified electronic communication services, along with the services and conditions.
The SUBSCRIBER can choose to benefit from the electronic communication services provided by TURKCELL SUPERONLINE or request changes to the existing services by marking the options on the first page of the contract, or during the validity of the contract by contacting Customer Service, through the website webislem.superonline.net, or through other channels determined by TURKCELL SUPERONLINE.
The SUBSCRIBER accepts, declares, and undertakes full responsibility for all transactions carried out using the service password, including bearing the consequences of these actions.
12 In the case of a Corporate Subscription under this contract, the SUBSCRIBER authorizes the persons listed in the Authorized Table below, with their names and contact details, to carry out any requests related to the digital transactions to be performed during the subscription period through the Superonline website (www.superonline.net), the Corporate Online Transaction Center website (www.kurumsalwebislem.superonline.net), the Supersirketim mobile application, and the Superonline Hesabım mobile application, including capacity increases and decreases, as well as any requests stemming from this contract and its annexes, such as declarations and commitments signed between the parties.
TURKCELL SUPERONLINE will consider and act upon requests from the individuals authorized by the SUBSCRIBER.
Requests submitted from other channels will not be considered.
If the authorized individual designated by the SUBSCRIBER is replaced, the SUBSCRIBER must immediately notify TURKCELL SUPERONLINE in writing, and TURKCELL SUPERONLINE accepts no responsibility if the SUBSCRIBER fails to provide information or provides insufficient information regarding the change of authorized personnel.
The SUBSCRIBER is personally responsible for any consequences of such failure.
13 - The SUBSCRIBER accepts that the features of the selected service (speed, limit, etc.) represent the highest level that can be reached.
The results of the internet speed (download and upload) may vary depending on certain factors.
These factors include the performance and number of servers and routers between the server and the residence/workplace, the usage load on the lines between the residence/workplace and the server, and the performance of the computer.
Additionally, the traffic load on the servers accessed or the speed limitations imposed by them may affect the opening speed of websites.
14 - In the event that the modem device provided for the subscriber's use becomes inoperable due to reasons not caused by the subscriber, TURKCELL SUPERONLINE will replace the modem in accordance with the relevant regulations without charging the subscriber any fee.
15 - The services provided by TURKCELL SUPERONLINE over Türk Telekomünikasyon A.Ş. infrastructure will be available within the possibilities provided by the Türk Telekomünikasyon A.Ş. infrastructure.
For any issues that may arise from Türk Telekomünikasyon A.Ş., TURKCELL SUPERONLINE is not liable to the SUBSCRIBER.
16 - In limited packages, the fees for exceeding the limit in any month will be reflected by TURKCELL SUPERONLINE in the SUBSCRIBER’s next or subsequent billing periods.
17 - If the phone line through which electronic communication services are provided is not registered in the SUBSCRIBER’s name, the SUBSCRIBER accepts, declares, and undertakes to ensure that the person in whose name the phone line is registered consents to the execution of this contract and accepts its terms and conditions.
The SUBSCRIBER acknowledges and declares that failure to fulfill this obligation, which prevents TURKCELL SUPERONLINE from fulfilling its service obligations, does not mean that TURKCELL SUPERONLINE is in default, and for this reason, TURKCELL SUPERONLINE has the right to terminate the contract.
The SUBSCRIBER will read the entire Subscription Information Form at the beginning of this contract and will make the necessary choices, while TURKCELL SUPERONLINE will act according to the choices specified by the SUBSCRIBER in the Subscription Information Form.
The SUBSCRIBER agrees that they will not object to or make any claim or request for compensation against TURKCELL SUPERONLINE for the actions it takes based on the approval given in the Subscription Information Form. Likewise, they will not raise any objections or claims against TURKCELL SUPERONLINE by arguing that actions not taken were outlined in the warnings provided by TURKCELL SUPERONLINE in the Subscription Information Form.
18 - The personal data held by Turkcell Communication Services Inc. and its group companies (Superonline Communication Services Inc., Turktell Information Services Inc., Turkcell Sales and Distribution Services Inc. - collectively referred to as "Turkcell" under this heading) are under the protection of Turkcell.
Turkcell, within the scope of the Personal Data Protection Law No. 6698 ("Law"), ensures the secure storage of personal data and its lawful processing by utilizing technological and infrastructural capabilities and taking all necessary technical and administrative measures.
Personal data may be processed by Turkcell in accordance with the Law and related legislation, including but not limited to the instances listed below.
Individuals whose personal data is processed under the Law can review the following text to learn about the purposes for processing, the recipients of the data, the methods of collection, and the legal grounds for processing, as well as their rights concerning their personal data. For detailed information, the full Turkcell Privacy Policy can be accessed at https://www.turkcell.com.tr/gizlilik.
Information about the personal data that may be processed by Turkcell is briefly provided below within a framework of transparency.
Since the products and services individuals use, or their requests and consents, may differ from person to person, not all the information provided below will be relevant to every individual.
Under this subscription agreement, corporate subscribers, including the relevant parties, are also responsible for informing individual users about the following matters.
Personal data can be collected through the subscription agreement, retail outlets, other face-to-face channels, the call center, the website, mobile applications, text messages, emails, voice response systems, and any kind of written, oral, or electronic means, based on the individual’s consent for processing personal data or under the legal grounds outlined in Articles 5 and 6 of the Law and other legislation.
Turkcell may process personal data in accordance with the Law for purposes including but not limited to the provision of products and services, invoicing, billing, marketing and promotion, offering gifts and promotions, communicating with the individual, fulfilling the individual’s requests, ensuring the security of networks and information through necessary technical and administrative measures, diversifying, measuring, and reporting products and services, and other purposes specified in Turkcell’s Privacy Policy.
In this context, personal data may be transferred to Turkcell group companies and individuals acting on behalf of Turkcell, business partners, suppliers, banks, financial institutions, and other entities involved in the provision, promotion, or delivery of products and services, as well as other third-party service providers, authorized representatives, public institutions and organizations, and other individuals mentioned in Turkcell’s Privacy Policy, both domestically and internationally.
Individuals covered by the Law have the right to know whether their personal data has been processed, to request information about it, to learn the purpose of processing and whether the data is being used appropriately, to know the third parties to whom their data has been transferred, to request correction if the data is incomplete or incorrect, to request deletion or destruction of the data in accordance with legislation, to request that any corrections, deletions, or destruction of the data be communicated to third parties to whom the data was transferred, to object to results arising from the exclusive analysis of their data through automated systems, and to request compensation if they suffer damages as a result of the unlawful processing of their personal data.
Individuals can exercise their rights under the Law by submitting a notarized request to Turkcell's General Directorate by mail or by sending an email to the KEP address turkcell.kisiselverilerikoruma@hs03.kep.tr, or by using other methods listed at https://www.turkcell.com.tr/gizlilik.
The full text of the Turkcell Privacy Policy can be accessed at https://www.turkcell.com.tr/gizlilik.
Turkcell may update the Privacy Policy at any time, and any changes will become effective immediately upon the publication of the updated Privacy Policy at https://www.turkcell.com.tr/gizlilik.
Вот перевод пункта 19 на английский:
19 - The SUBSCRIBER may transfer their telephone service to TURKCELL SUPERONLINE along with the Superonline internet service and benefit from the joint campaigns offered by TURKCELL SUPERONLINE for fixed voice and internet services by signing the relevant campaign commitment.
However, if the fixed telephone service is not transferred within 30 days after the SUBSCRIBER signs the commitment, the SUBSCRIBER will be automatically transferred by TURKCELL SUPERONLINE to another campaign without additional notification and without changing the conditions of the selected internet service under the joint campaign, including the remaining commitment period, if applicable.