ATM Bulut Anlaşması
Cloud Computing Services Policy
1. This document regulates the provisions of providing Cloud
Services (hereinafter: Services) by ATM Computer Services Trading Limited
Company with its registered office in Ankara G.O.P Mah. Boğaz Sok. No.27/1
2. ATM Computer Services Trading Limited Company declares
that it is entitled to resell, market and conduct further resale of Products in
any other way and, in particular, has concluded appropriate agreements with
Manufacturers that enable ATM Computer Services Trading Limited Company to
perform the above actions.
1. Whenever the following terms, beginning with a capital
letter, appear in these Terms and Conditions, they shall have the following
1. Manufacturer - the entity that provides the Cloud
2. Customer - an Entrepreneur who gains access to the
Product offered by ATM Computer Services Trading Limited Company in order to
access and use it as an end user for their own needs and, if the Product offers
such a possibility, to install and use the Product; the Customer is not
entitled to market and distribute the Product in any form.
3. Product - access to online service provided in the
"Cloud" model, including Software-as-a-Service,
Platform-as-a-Service, Infrastructure-as-a-Service that may contain software
technologies provided by Microsoft and other Manufacturers, offered by ATM
Computer Services Trading Limited Company to the Customer.
4. Services - Cloud Services referred to in § 3, paragraph
1, provided by ATM Computer Services Trading Limited Company to the Customer.
5. Manufacturer's Agreement - a Manufacturer's agreement
which grants the Customer access to the Product; the provisions of the
Manufacturer's Agreement may be subject to changes, about which the Customer
shall be notified at least 30 days in advance.
6. Billing Cycle - the period in which the settlement for
the Subscription model selected by the Customer takes place.
7. Subscription - a subscription model of the Product, which
includes the Customer's right to use the Product, indicating the Perpetual Subscription
and the Annual Subscription.
8. Fee - the Fee for the Services covered by the
9. Offer - the terms and conditions, provided through the
Communication System, regulating the process of providing the Customer with the
Subscription by ATM Computer Services Trading Limited Company, selected and
accepted by the Customer or submitted to the Customer.
10. Communication System - depending on the communication
method used, it refers to Internet portal belonging to ATM Computer Services
Trading Limited Company, e-mail sent by ATM Computer Services Trading Limited
Company, as well as all other forms of communication used by ATM Computer
Services Trading Limited Company to communicate with the Customer.
11. Invoice - this term shall also refer to pro-forma
Terms and conditions of Cloud Services access and use.
1. Cloud Services Specifications are available on ATM
Computer Services Trading Limited Company website https://atmbilgisayar.com.tr.
The full specification of services provided in collaboration with Microsoft,
including technical parameters, can be found at https://technet.microsoft.com/.
2. Selection of the Cloud Service type from the Offer and
its parameters presented in the Cloud Servces Specification referred to in
paragraph 3, point 1, including the selection of the Billing Cycle and the
number of seats for the users, takes place at the moment the Customer places an
3. A prerequisite for using the Cloud Services is:
1. Acceptance of these Terms and Conditions,
2. Acceptance of the Microsoft Cloud Agreement (if the
Services include Microsoft Products);
4. After receiving an order for a Subscription for the first
Billing Cycle, the Customer shall receive via the Communication System, the
information necessary to log on to the Manufacturer's website to gain access to
5. If the Service ordered by the Customer includes software
installed at the Customer's site, the Buyer, after logging on to the
Macufacturer's website, shall download the Software necessary to use the Cloud
Services, unless the provisions of the additional agreement provide otherwise.
6. Access to the Service is granted for the period appropriate
for the ordered Cloud Services type, counting from the date of its activation.
1. A current list of Products available in a given
subscription model shall be included in the Offer.
2. The Products are available in one of the two Subscription
1. Perpetual Subscription
2. Annual Subscription
The Subscription shall be activated upon the
Customer's payment of the Fee for the selected Billing Cycle.
2. The Perpetual Subscription and
the Annual Subscription shall be automatically renewed for subsequent Billing
Cycles. The Customer may cancel the automatic renewal of the Subscription by
submitting a notice to cancel the Subscription before the end of the current
Billing Cycle, in the Customer Panel or by e-mail in the case the panel is not
1. The Billing Cycle is 1 month
for Perpetual Subscriptions and 1 year for Annual Subscriptions.
2. The customer shall pay in
advance for the entire Billing Cycle of the Subscription.
3. The first Billing Cycle shall
cover the period between the day of Subscription activation and the last day of
the calendar month in which the Perpetual Subscription was activated, or the
period of one year from the date on which the Annual Subscription was
4. Subsequent Billing Cycles
shall run from the first to the last calendar day of the month in the case of
Perpetual Subscriptions or for a year from the day following the last day of
the previous Annual Subscriptions.
1. Subscription Fee and the
settlement currency are specified in the Offer.
2. The Customer shall pay the Fee
by agreeing to debit the bank account or by agreeing to charge their credit or
debit card. ATM Computer Services Trading Limited Company may refuse to grant
access to services for the next Billing Cycle if the Customer does not consent
to charging the Customer's credit or debit card or debiting the Customer's bank
account at ATM Computer Services Trading Limited Company choosing. If the
Customer does not agree to the payment method indicated by ATM Computer
Services Trading Limited Company, the Subscription may be deactivated. ATM
Computer Services Trading Limited Company may, in individual cases, agree to
accept a Fee paid by bank transfer.
3. For the Services provided, ATM
Computer Services Trading Limited Company shall issue to the Customer invoices
for individual Billing Cycles. ATM Computer Services Trading Limited Company,
shall forward invoices to Customers electronically via e-mail.
4. ATM Computer Services Trading
Limited Company, may offer the Customer, in particular after payment history
verification, payment based on invoices with deferred payment dates.
In the case of Annual
Subscriptions, ATM Computer Services Trading Limited Company may make the
activation of the Subscription dependent on a prepayment based on a pro-forma
In the case of payment by
debiting the Customer's bank account or debiting the Customer's credit or debit
card, ATM Computer Services Trading Limited Company shall automatically charge
the Customer no sooner than 24 hours before the end of the current Billing
Cycle or within the first three business days beginning the next Billing Cycle,
based on the issued invoice.
In the case of enabled
traditional transfer payment, ATM Computer Services Trading Limited Company
shall issue a pro-forma invoice for prepayment or an invoice with deferred
payment (provided that there is a positive evaluation in accordance with
8. If the payment is not made
timely, there is no full payment or no possibility to collect the Fee (in full
amount), ATM Computer Services Trading Limited Company may suspend access to
the Services and notify the Customer about suspending access to the Services
via the Communication System.
9. If the Customer pays the Fees
in an amount higher than the one stated in the Agreement, the overpayment shall
be returned to the Customer.
If there is a delay in making a
prepayment based on the Customer's pro-forma invoice, the Subscription, access
to additional Services or additional user accounts shall be activated after the
Fee is booked on ATM Computer Services Trading Limited Company bank account. In
such cases, access to the Subscription, additional Services or additional user
accounts shall be reduced by the period of the Customer's delay in payment.
1. Cancellation of the
Subscription is possible in accordance with the provisions included in § 13.
Cancellation of the Subscription
shall be effective at the end of the current Billng Cycle.
3. The Customer may cancel the
Subscription by submitting a disposal in the customer's panel or via the
4. If the Subscription is
canceled, the Customer shall have access to the Services until the end of the
current Billing Cycle.
5. Canceling the Subscription
means terminating the Contract between ATM Computer Services Trading Limited
Company and the Customer.
1. Subscription Fees may change.
2. ATM Computer Services Trading
Limited Company shall notify the Customer about Fee changes via the
Communication System at least 7 days before the end of the current Billing
3. The amended Fee shall be valid
starting the next Billing Cycle.
If the Customer refuses to accept
new Fees, the Customer may cancel the Subscription in accordance with the
provisions stated in § 8.
Purchase of additional Services
or user seats during the Subscription period.
1. The Customer may purchase
additional Services or additional seats for additional users during the
Additional Services shall be
activated after the Customer pays for additional Services or additional user
seats proportionally for the period until the end of the current Billing
Period. The Fee for additional Services or additional user seats for subsequent
Billing Periods shall be added to the existing Fee for existing Services
covered by the Subscription.
3. If there is a change in the
Fees during the Subscription period, the Fee for additional user seats may
differ from the Fee for the Customer's current user seats.
Technical Support Provisions
1. The issues associated with the
operation of the purchased Cloud Services shall be reported directly to ATM
Computer Services Trading Limited Company by e-mail, phone or chat.
ATM Computer Services Trading
Limited Company shall not be held liable for any applications submitted by the
Buyer directly to the Software Manufacturer.
In order to process the
application, the Buyer shall be obliged to provide an authorized ATM Computer
Services Trading Limited Company employee access to the admin panel. In
special, justified cases, ATM Computer Services Trading Limited Company may ask
the Buyer to extend the authorization.
4. ATM Computer Services Trading
Limited Company declares that all provided data shall be treated as
5. In case of refusal in granting
the relevant access by the Buyer, ATM Computer Services Trading Limited Company
shall not be responsible for solving the issue.
6. Responses to applications will
be provided by phone, chat or e-mail, depending on individual factors for a
Liability for the Product
1. ATM Computer Services Trading
Limited Company does not guarantee the correct functioning of offered Products.
2. The Products the Customer
receives are in the same form ATM Computer Services Trading Limited Company
receives them from the Manufacturer. The Parties shall agree that ATM Computer
Services Trading Limited Company is not to be held liable for any issues
related to the functioning, quality, usability and guarantee. ATM Computer
Services Trading Limited Company does not offer any guarantee for Products
available in the Offer.
3. The Manufacturer may ensure
established levels of correct functioning of the Products. The levels of
correct functioning are included in the documents published by the Manufacturer
indicated in the Manufacturer's Agreement. The Customer shall have the right to
notify ATM Computer Services Trading Limited Company about any concerns related
to correct functioning of the Product. ATM Computer Services Trading Limited
Company shall forward the notice describing the issues with the Product to the
Manufacturer. In the case the notice is reviewed favorably by the Manufacturer
and the Manufacturer's makes a refund, ATM Computer Services Trading Limited
Company shall refund the Customer the amount the Manufacturer granted.
4. If the Manufacturer grants a
financial refund, it shall be made during the billing cycle following the month
in which the Manufacturer made the appropriate refund. The refund shall be made
in the form of an invoice correction for the billing cycle in which the
Manufacturer's refund was granted, or in the form of a decrease in the payment
amount for the next billing cycle. The refund shall be made only once the
correcting invoice is signed and returned with a confirmation of receipt to the
address of the registered ATM Computer Services Trading Limited Company office.
5. ATM Computer Services Trading
Limited Company shall not be liable towards the Customer for granting the
Customer a financial refund by the Manufacturer and all liability of ATM
Computer Services Trading Limited Company from this title shall be excluded.
Contract Termination by ATM
Computer Services Trading Limited Company
ATM Computer Services Trading
Limited Company shall have the right to terminate the Agreement unilaterally
with effect from the moment of delivery of the notice through the Communication
System and to withhold the Customer's access to the Services in the following
1. the Customer fails to pay any
amount due to ATM Computer Services Trading Limited Company, in particular on
the basis of invoices issued;
2. ATM Computer Services Trading
Limited Company becomes aware of the Customer's insolvency;
3. The Customer makes a serious
breach of the terms and conditions of the Agreement and fails to remove the
consequences of the breach withing 14 days from the date the Customer receives
from ATM Computer Services Trading Limited Company a relevant notice through
the Communication System.
Customer breaches the provisions of the Polish law on combating corruption and
anti-corruption laws, outlined in documents published by the Manufacturer, in
particular, in: "Anti-Corruption Policy for Microsoft Representatives U.
S. Foreign Corrupt Practices Act" available at:
We suggest leaving at this
point only the provisions relating to the right to terminate the contract with
immediate effect. Issues relating to the termination of the contract by the
customer shall involve the cancellation of the Subscription.
1. All disputes related to the
provisions of the Terms and Conditions, the Parties shall firstly try to
resolve peacefully through bilateral discussions and negotiations.
2. If the Parties shall fail to reach an agreement, they may refer
the case to a court of law having territorial jurisdiction over ATM Computer
Services Trading Limited Company office.