POINT TO POINT METRO ETHERNET SUBSCRIPTION AGREEMENT

Transcription

1 POINT TO POINT METRO ETHERNET SUBSCRIPTION AGREEMENT 1-PARTIES: The present Agreement has been undersigned between TURK TELEKOMUNIKASYON A.S. with commercial headquarters at the address of Turgut Özal Bulvarı Aydınlıkevler/Ankara and..., the SUBSCRIBER residing at the address of... In the present Agreement, TURK TELEKOMUNIKASYON A.S. shall be referred to as TURK TELEKOM and... shall be referred to as SUBSCRIBER. In the present Agreement, TURK TELEKOM and SUBSCRIBER shall be referred to as "PARTIES" collectively and "PARTY" individually. 2-DEFINITIONS: The below phrases shall be understood as the definitions next to each: CONSUMER: The real or juridical person acquiring, using or benefiting from a good or service for noncommercial and non-vocational purposes. SUBSCRIBER: The Consumer benefiting from the METRO ETHERNET services and undersigning the present Agreement with Turk Telekom. METRO ETHERNET: The network giving the opportunity to provide high bandwidth data services using the Ethernet protocols over the fiber infrastructure. END SWITCH: The Ethernet switch providing the Subscriber with Metro Ethernet service via the fast Ethernet, etc. port it has to be installed at a location shown by the Subscriber or determined by Turk Telekom. TARIFF: The fees Turk Telekom shall charge to the subscriber in return for the services provided within scope of the present Agreement, COLLECTION UNITS: The juridical persons authorized to make collection on behalf of Turk Telekom and the Turk Telekom collection desks, FORCE MAJEURE: Earthquake, flood, storm, contamination disease, lock-out, strike, fire, war, mobilization, etc. ordinary and extraordinary cases and resolutions of the official authorities that may prevent or delay of performance of the works or providing the service. For the statements that have not been defined in the present Agreement, the definitions given in the Telgraph and Telephone Act No 406, Wirelass Act No 2813 and other relevant regulations, resolutions and notifications shall prevail. SUBJECT OF THE AGREEMENT: The subject of the present Agreement is to regulate the mutual rights and responsibilities of the Subscriber and Turk Telekom in relation with the Metro Ethernet service no... provided for the Subscriber. 4- TARIFF PACKAGE: 4-1- The selected Tariff Package is Tariff packages to be applied by Turk Telekom, their contents and possible modifications on these may be reached via the Turk Telekom offices and the website. Turk Telekom shall also announce the Tariff Package changes to Subscribers before execution. 5- RESPONSIBILITIES OF THE PARTIES: 5-1- Turk Telekom shall not be responsible from not providing the connection due to reasons that the Subscriber has not provided the required conditions (the address remains sealed, nobody older than 18 years old is present at the address, no end switch present, or defective or non-compliant end switch, etc.) Turk Telekom shall make the Subscriber benefit from the services provided via Metro Ethernet and the Subscriber shall pay the relevant fees indicated on the relevant Turk Telekom Tariff in return for these services Notification notified to the address of the subscriber shall be deemed to have been notified to the Subscriber. Turk Telekom may send the bills to the address of the Subscriber without registry. Other communications with this address shall be made via registered letter. In the case that the Subscriber does not make a written notification for address change, Turk Telekom shall not be responsible from not notifying to the new address Temporary ban of the Metro Ethernet line of the subscriber shall not prevent collection of the monthly fees indicated on the relevant Turk Telekom Tariff The Subscriber is responsible from written notification of the notifications requested in writing by telekom and written notification of those notified via the customer services or via internet within 10 (ten) days. The request is deleted in the case that the notification is not made in a timely manner. When password use or electronic transaction registering is commenced by Turk Telekom, the procedures of these may be changed with notification to the Subscriber.

2 Turk Telekom shall not be responsible from not meeting with requests of the Subscriber due to force majeure or technical impossibilities Subscriber shall notify its requests such as modification, transfer and change of title to turk Telekom in writing. If the subscriber likes to cancel its subscription, it shall be entitled to notify Turk Telekom of this request either in writing, calling the customer services or via the internet. For the subscription cancelling transactions notified to Turk Telekom upon calling the customer services or via the internet, the Metro Ethernet line shall be closed for communication on the day of notification. The Subscriber is responsible from written notification of the notifications notified via the customer services or via internet within 10 (ten) days in accordance with Article 5.5. In the case that no written notification is made within the relevant term, the Agreement shall not be terminated by Turk Telekom and the Metro Ethernet line shall be opened for communication and subscription shall continue. After written notification of the request of cancellation in writing either directly or written notification of those notified via the customer services or via internet within 10 (ten) days, the present Agreement shall be terminated upon declaration of identity of the Subscriber. Turk Telekom shall fulfill the request within 7 (seven) days following written notification of the Subscriber s request for cancellation of the subscription and shall notify the Subscriber in writing that the agreement has been terminated within the same term. Following the relevant notification, Turk Telekom shall bill the Subscriber for remaining debts, if any. While the last bill is issued for the Subscriber by Turk Telekom, the fees of the unused terms shall be decreased from the bill debt of the Subscriber and the remaining portion shall be returned back to the Subscriber witin 15 (fifteen) days The devices to be connected to the Metro Ethernet line by the Subscriber need to be approved by the Administration of Telecommunication. Turk Telekom is entitled to check the technical properties of the Subscriber devices, when needed. The subscriber shall allow this check and provide assistance. Upon detection of unapproved device use, the Metro Ethernet line shall be closed for communication until the device is replaced with an approved device. Turk Telekom shall not be responsible from the defects arising from use on unapproved devices and the relevant damages and losses shall be collected from the Subscriber Upon detection that the Subscriber has made any transactions regarding the Metro Ethernet line with fictituous transactions, all types of Agreements relevant with the fictituous transaction shall be deemed null and void and Turk Telekom shall be entitled to terminate the present Agreement upon written notification. The Subscriber shall not be entitled to claim any compensation or indemnification regarding such a termination The taxes, receipts and funds regarding all the documents and agreements to be issued between Turk Telekom and the Subscriber shall be paid by the Party legally responsible. When no such regulation is present in the acts, the taxes, receipts and funds regarding all the documents and agreements to be issued between Turk Telekom and the Subscriber shall be paid by the Subscriber Turk Telekom is entitled to modify, renew, add valeu added services, remove and renew these services and make any modification on these services provided via the Metro Ethernet line due to reasons arising from the technological developments and legislations. Turk Telekom shall also announce these changes to Subscribers before execution, with the right to reflect these modifications on the Tariffs within the limitations as determined by the authorized bodies Turk Telekom can not declare the personal information of the Subscribers to third parties without prior written consent of the Subscriber. Turk Telekom is responsible from providing the relevant persons with such information when requested by law or a court decision In case of modification of national numbering system or presence of force majeure, Turk Telekom shall be able to change the Metro ethernet number with 1 (one) month prior notification to the Subscriber Turk Telekom shall be able to control the correctness of the personal information and documents submitted by the Subscriber at the stage of Subscription upon application to relevant authorities. Upon detection that the submitted documents and information are incorrect, misleading or missing and when deemed necessary by Turk Telekom, and upon detection of any matter contrary to the declaration of the Subscriber, Turk Telekom shall be entitled to unilaterally terminate the present Agreement upon written notification The Subscriber can not have the Metro Ethernet service subscribed on its behalf used by third parties for commercial purposes. Turk Telekom may unilaterally terminate the Agreement in such a case with written notification The Subscriber is responsible from styandards compliant construction and maintenance and repairs of the building internal distribution network from the End Switch. Turk Telekom shall not be responsible from the defects that may arise from the subscriber not fulfilling this responsibility When any modifications on the devices used by the Subscriber not installed by Turk Telekom are required due to modifications to be made by Turk Telekom parallel to technological developments, the Subscriber shall be responsible from acquiring a new device The Subscriber accepts that a single bill shall be issued for all the services purchased from Turk Telekom, in the case that Turk Telekom installs the required infrastructure. In the case of a single invoice for more than one

3 service, the fee of the services shall be given separately on the invoice Fulfilling of other responsibilities arising from the other services purchased from Turk Telekom by the Subscriber shall not prevent the closing and termination transactions due to non-compliance of the responsibilities arising from the subscription of the service constituting the subject matter of the present Agreement Far as the Subscriber has not notified the modifications on the information declared in writing, the information in the Turk Telekom books shall be deemed valid The Subscriber guarantees to fulfill all types of responsibilities either currently undertaken or to be undertaken in the future In case of death of the subscriber, until completion of the succession transfer transactions of the Metro Ethernet service, the successor/successors shall be responsible from fulfilling responsibilities of the Subscriber The subscriber accepts and guarantees to fully comply with the acts, regulations and legislations regarding the relations with Turk Telekom and that all the changes on the acts, legislations and regulations and the Turk Telekom Tariffs in the future shall also apply to the Subscriber. The Subscriber is always entitled to terminate the Agreement upon such changes. For resolution of all types of conflicts that may arise between the Subscriber and Turk Telekom, the court of the place where the residence address of the Defendant is located or where the Agreement shall be executed or where the Agreement has been undersigned provided that either the defendant or the representative of the defendant is present there or where the subscriber resides and the Levying Offices of these locations shall be authorized and binding The provisions of the present Agreement may be unilaterally modified by Turk Telekom with 1 (one) month prior notification to the Subscriber due to reasons arising from the technological developments and legislations. In the case that the subscriber does not deem the material changes made suitable, the Subscriber is always entitled to terminate the Agreement upon such changes without any responsibility other than the accumulated debts to date The service provided may be temporarily or permanently interrupted due to reasons not arising from Turk Telekom, such as force majeure, network maintenance and repair works, operational breakdowns, fictituous efforst of the subscribers or third parties to block the lines ar the legislation changes and reasons arising from the present Agreement. Turk Telekom shall not be responsible from interruption of the services arising from the defects in the services Turk Telekom purchases from other institutions or the factors caused by third parties or third party institutions preventing continuity or installation of the service. The Subscriber shall not be entitled to claim any compensation or indemnification from Turk Telekom in such a case Turk Telekom may assign a password to the Subscriber if deems necessary aimed at all or part of the services and additional services the Subscriber benefits from. In the case that a password is assigned, the subscriber shall be responsible from all the transactions performed using the password assigned. The subscriber shall take all the measures in order not to disclose the password to third parties and shall be responsible from all the damages and losses arising from use of own password by third parties In the case thatt he subscriber does not pay any debt to Turk Telekom arising from another service, the Metro Ethernet request shall be processed only after the relevant due amounts are paid The Subscriber can not use the Metro Ethernet for purposes other than the intended use. Without written consent of Turk Telekom, it can not have others used the service. Otherwise, Turk Telekom shall be entitled to terminate the Agreement in writing, and to notify the Administration of Telecommunication for processes in accordance with Article 18 of the Act No 406 as modified by the Act No That the Subscriber has had the Metro Ethernet service subscribed on its behalf used by third parties shall not prevent responsibilities regarding the debt The subscriber is entitled to use the Metro Ethernet service only at the address of connection and can not have it used by third parties other than the address of connection even for trial purposes The subscriber can not make additions to or modifications on the Metro Ethernet speed and/or line without notification to Turk Telekom. Upon detection of such additions and/or modifications, the additions and/or modifications damaging the system and/or requested to be removed by Turk Telekom shall be removed. In such a case Turk Telekom shall be entitled to terminate the present subscription Agreement upon written notification and sue for compensation and indemnification of the damages arising from the relevant addition and/or modification When subscription of the subscriber expires or terminated due to non-compliance with the responsibilities in the Agreement or acting contrary to the legislations, mainly the current laws, regulations and legislations, the Subscriber shall be responsible from returning back the equipments which are property of Turk Telekom in operable and undefected condition, otherwise, to pay the fees of these over the average prices as invoiced by Turk Telekom unconditionally the parties have to install and use the installations in the manner that shall not damage the systems or installations of each other. Each of the parties is responsible from fixing the damages on the equipments and upon documentation of the expenses to be made in relation with such actions, paying the fees that shall be applied Turk Telekom may use the lines temporarily in cases of state of emergency, martial law, mobilization and state of war, and for reasons of national security, public order and public health. The subscriber can not have any

4 relevant claim of compensation or indemnification Closing of the Metro Ethernet service to communication due to legal requisities and force majeure or sealing of the location where the Metro Ethernet equipments are located by authorized bodies, the subscriber can not have any claim of right or compensation from Turk Telekom. The subscriber is responsible from paying the fees billed during execution of the Agreement. In the case of any breakdown affecting the traffic (interruption) occurs on the Metro Ethernet service for consecutive 3 (three) hours within 1 (one) day due to reasons arising from Turk Telekom, the fees corresponding to period of interruption shall be returned back by Turk Telekom. No fees shall be returned for fractions not meeting a full hour. No fees shall be returned for the interruptions not present in the Turk Telekom records or those that are under dispute without an agreement. Turk telekom shall serve only for the line breakdowns until the End Switch and shall not be responsible from connection and settings of the router/device and equipments and connections within the building. However, Turk Telekom may provide product supply, installation and service support, etc. services to the Subscriber In the case that the service is made ready-for-use by Turk Telekom, however, can not be used due to reasons arising from the Subscriber (that the Subscriber can not acquire the relevant devices, that the building is not yet ready, etc.), the subscriber shall be responsible. In such a case, Turk Telekom shall notify the subscriber and the fee in the Tariff shall begin to be collected The maintenance-repair and intervention processes regarding the service shall be performed in accordance with the current Operation-Maintenance Procedures of Turk Telekom. Turk Telekom coomplies with the telecommunication service standards indicated in the national and international standard authorities and regulations of the administration as to quality of its services. 6-PAYMENTS: 6-1- The subscriber is responsible from paying the fees indicated in the bill until the due date Turk Telekom shall send the bills in the manner to reach the Subscriber before due date and have a reasonable period for payment. Subscriber is responsible from making the payment without receiving the bill at the registered address. In the case that the bill does not reach these addresses, the Subscriber may learn the debt from Turk Telekom offices and the Collection Desks In the case that the bill of the Metro Ethernet is not paid until the due date, Turk Telekom shall be entitled to close the Metro Ethernet service for communication from the 3 rd day following the due date on and unilaterally terminate the Agreement upon written notification The Subscriber shall pay the bills to the Collection Desks determined by Turk Telekom. For the payments not made until the due date indicated on the invoice, the Subscriber shall pay an interest of delay to be determined by Turk Telekom upon consideration of the economical facts that apply and also in case of termination of the present Agreement, the variable advance interest rate applied by the Central Bank of Republic of Turkey to short term advances applied from the date due date of the payment shall also be paid In the case that the subscriber does not pay the due amounts causing termination of the present Agreement, Turk Telekom shall be entitled to close the other Metro Ethernet lines subscribed on behalf of the Subscriber and terminate their agreements upon written notification Objections to the bill shall not stop the payment. In the case that the objection of the Subscriber is found tpo be fair, the amount that needs to be decreased shall either be returned back to the Subscriber witin 15 (fifteen) days or decreased from the next bill In the case of an objection by the subscriber regarding commencement and expiration dates of subscription, number and fees of the communications made, determination of other amounts payable, the relevant objection shall be compared with the Turk Telekom records. In the case of a conflict between objection of the Subscriber and Turk Telekom records, the Turk Telekom records shall prevail. However, this can not be interpreted that the subscriber can not use other evidence in the case that the case is resolved before a court Following forwarding of the file to Turk Telekom legal department due to non-payment of the debt in due time, before legal transactions are commenced, if the Subscriber requests to make the payment it shall pay the interest of delay in addition to the variable advance interest rate applied by the Central Bank of Republic of Turkey to short term advances applied from the date due of the payment. 7-TERMINATION OF THE AGREEMENT: 7-1- The Party not fulfilling the responsibilities undertaken in accordance with the Agreement shall be in breach of the Agreement and the other Party may terminate the agreement. In the case of termination of the present Agreement by one of the Parties due to any reason, the Parties shall be responsible from paying all the debts that are or shall be due in accordance with the Turk Telekom records In the case that the present Agreement is terminated by Turk Telekom due to reason that the subscriber does not fulfill its responsibilities arising from the Agreement, the monthly fees collected from the Subscriber in advance shall not be returned back. The amounts to be applied until date of termination and in addition to the variable advance interest rate applied by the Central Bank of Republic of Turkey to short term advances applied from the date due of the payment shall be paid. In the case that the fees required to be collected are not paid by the

5 Subscriber willingly, it shall be collected by court resolution. 8-TERM OF THE AGREEMENT: The present Agreement shall gain effect on the day it has been undersigned. The Agreement has an undefined term. Each of the parties has the right to terminate the Agreement with 15 (fifteen) days prior notification to the other party. 9-ANNEXES OF THE AGREEMENT: The Additional Form including the selected Tariff, whether the personal information processing and advertisements via voice and/or text messages are allowed is an inseparable part of the present Agreement. The subscriber shall read all of the Additional Form and mark where necessary and Turk Telekom shall make the transactions according to the markings of the Subscriber. The subscriber can not have any onjection to or claim of compensation from Turk Telekom regarding the transactions Turk Telekom shall make in accordance with the Additional Form. 10- COPIES, DATE AND DATE OF SIGNING OF THE AGREEMENT The present Agreement has been issued in 2 (two) copies one of which shall be given to the Subscriber in... on the date of.../.../... Before signing the present Agreement, I ve read and accepted all Articles of the Agreement. Attachment: Form TURK TELEKOMUNIKASYON A.S. SUBSCRIBER SIGNED BY SIGNED BY NAME-SURNAME, SIGNATURE

6 TURK TELEKOM POINT TO POINT METRO ETHERNET SUBSCRIPTION AGREEMENT ADDITIONAL FORM PERSONAL INFORMATION PROCESSING I allow my name, surname, phone number, education, profession, etc. information: a) Be processed by Turk Telekom in electronic and/or hard-copy lists b) Be processed by Turk Telekom for advertisement purposes c) Be processed by Turk Telekom and third parties for advertisement purposes d) Be processed by Turk Telekom for other purposes. e) Be processed by Turk Telekom and third parties for other purposes using VOICE OR TEXT MESSAGES. a) Turk telekom to send own advertisements as a voice or text message b) Turk telekom and third parties to send own advertisements as a voice or text message to to not to not to SIGNED BY Name and Surname of subscriber (Name and surname of representative, as the case may be) Signed by Date././200