Terms of Service

By engaging DigitalKernelSoftware ("DKS", "we", "us", "our") for any service — including submitting a quote request, signing a service agreement, or using our hosted infrastructure — you agree to be bound by these Terms of Service.

These terms apply to all services delivered by DKS: managed hosting, custom WordPress development, server operations, uptime monitoring, performance optimization, and any related digital services.

DKS provides the following categories of services:

Service scope, deliverables, and pricing are confirmed in writing before work begins. Any changes to scope must be agreed in writing and may affect delivery timelines and fees.

All prices are quoted in Turkish Lira (TL) and include applicable VAT unless otherwise stated.

• Project-based services (Kernel Build, Deploy, Boost, Stack Setup): A 50% deposit is required before work begins. The remaining 50% is due upon delivery and sign-off. Work does not commence until the deposit invoice is settled.
• Monthly subscriptions (Kernel Host, Care, Uptime): Billed monthly in advance. Payment is due within 7 days of invoice date.
• Late payment: Subscriptions not paid within 14 days of the due date may be suspended without prior notice. Project timelines may be paused for outstanding invoices.
• Payment method: Bank transfer (EFT/SWIFT). Invoice details provided upon agreement.

For project-based engagements (Kernel Build, Deploy, Boost, Stack Setup), the following terms apply:

• Free concept: For Kernel Build projects, one homepage concept is provided at no charge for qualifying projects. The concept remains the property of DKS until the deposit invoice is settled.
• Scope lock: Scope is confirmed in writing before production begins. Additional pages, features, or integrations beyond the agreed scope will be quoted separately.
• Revisions: A reasonable number of revision rounds are included within scope. Revisions that materially change the agreed direction may be treated as scope additions.
• Staging review: All project work is built and reviewed on a staging environment before going live. Client sign-off on staging is required before deployment.
• Delivery timelines: Estimated timelines are provided in good faith and are contingent on timely client feedback and content delivery. DKS is not liable for delays caused by client response times.

To ensure successful delivery, clients agree to:

• Provide accurate and complete information at the time of inquiry and throughout the project.
• Respond to questions, review requests, and approval requests within a reasonable timeframe (typically 5 business days). Extended delays may affect delivery schedules.
• Ensure that any content, images, logos, or third-party assets provided to DKS are legally licensed and owned by the client. DKS is not liable for intellectual property violations arising from client-provided materials.
• Maintain active billing accounts for subscription services and notify DKS of any billing changes promptly.
• Rotate server credentials shared with DKS after project completion, as noted in our Privacy Policy.

Upon full payment of all outstanding invoices for a project, the client receives full ownership of the delivered custom theme, design system, and associated files produced specifically for that project.

• Client owns: The custom WordPress theme, all custom design assets, and page templates delivered as part of the agreed project scope.
• DKS retains: The right to display the completed work in our portfolio, case studies, and marketing materials, unless the client requests otherwise in writing before project completion.
• Third-party components: Open-source libraries, WordPress core, plugins, and fonts used in the project remain subject to their respective licenses. DKS will document these in the handover notes.
• Pre-payment: Deliverables remain the property of DKS until all invoices are settled in full.

DKS provides services with professional care and skill. However, we cannot guarantee uninterrupted or error-free operation of hosting environments, third-party platforms, or client-managed software.

• DKS is not liable for data loss resulting from client actions, third-party plugin failures, or events outside our control (e.g. upstream data centre outages).
• Our total liability for any claim arising from a service engagement is limited to the fees paid by the client for that specific service in the three months preceding the claim.
• DKS is not liable for indirect, consequential, or incidental damages including lost revenue, lost data, or reputational harm.

Either party may terminate a subscription service with written notice. The following terms apply:

• Client cancellation: Must be submitted in writing (email is acceptable). Cancellations take effect at the end of the current billing cycle. No partial refunds are issued for unused time within a paid period.
• DKS termination: We reserve the right to suspend or terminate services for non-payment, violation of these terms, abusive behaviour toward our team, or use of our infrastructure for illegal activity. Where possible, 14 days' notice will be given before termination for non-payment.
• Data export: Upon termination of hosted services, clients may request an export of their website files and database within 30 days of the end of service. After this period, data may be permanently deleted.

These Terms of Service are governed by and construed in accordance with the laws of the Republic of Turkey. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Istanbul, Turkey.

For clients located outside Turkey, these terms represent the entire agreement between the parties and supersede any conflicting local regulations, except where mandatory consumer protection laws in the client's jurisdiction apply.

For questions about these terms, service agreements, or billing disputes:

• Email: [email protected]
• Response time: Within 5 business days

We may update these terms from time to time. Changes will be posted on this page with an updated effective date. Continued use of our services after a change constitutes acceptance of the revised terms.