Terms and Conditions

PCI CHECKLIST VULNERABILITY SCANNING SUBSCRIBER AGREEMENT


IMPORTANT—PLEASE READ THESE TERMS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING THE PCI CHECKLIST VULNERABILITY SCANNING SERVICES, INCLUDING PCI CHECKLIST AND OTHER ONLAYER SERVICES. BY USING, APPLYING FOR, OR ACCEPTING THE VULNERABILITY SCANNING SERVICES OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO AND ACCEPT THE TERMS AS PESENTED HEREIN.

 

The terms and conditions set forth below constitute a binding agreement between you (“Subscriber” or “you”) and ONLAYER BİLİŞİM TEKNOLOJİLERİ A.Ş. (“ONLAYER”), with V.A.T. number 6430646682 and which has its principal place of business at Fatih Sultan Mah. 2365. Sok. Çamlık Park Villaları No:7 Etimesgut / ANKARA / TURKEY (this “Agreement”). Any failure of Subscriber to abide by this Agreement shall void ONLAYER’s obligations hereunder. 

 

 

1.Use of the Services

1.1.License. ONLAYER grants to you a revocable, non-exclusive, non-transferable license to use the security scanning services, and related services, selected during the registration process (either PCI CHECKLIST or other ONLAYER services), including the security scans, logos, audits, and reports (the “Services”) to identify areas of insecurity or vulnerability on a scanned network server, personal computer, or other internet-connected device (each a “System”). You authorize ONLAYER to perform the Services on the specified Systems.

 

1.2. Registration. In order to receive the Services, you must register for an account with ONLAYER. You shall provide full and accurate information in all electronic or hardcopy documents submitted to ONLAYER. This information must be promptly updated if any information changes or ceases to remain accurate.  Failure to promptly update information shall be deemed a material breach of this Agreement. 

 

1.3. Account. The account shall be protected by a username and password which are confidential information and also maybe activate 2FA (Two Factor Authentication) to increase account security. Subscriber is fully responsible for any activities that occur through its account. Subscriber must notify ONLAYER immediately by sending notice to customer@onlayer.com if it suspects any unauthorized use of the account. 

1.4. Scanning. The Services serve only as a passive conduit to provide the scan and recommended fixes and are not intended to fix, remedy, prevent, or eliminate any vulnerabilities or insecurities. Subscriber is solely responsible for securing and protecting its system.  The Services only scan for major known vulnerabilities. A successful scan does not guarantee or ensure that the System is free of all vulnerabilities or insecurities. The number of scans performed depends on the subscription selected during the registration process.

 

 

1.5. Changes in Services. ONLAYER may modify the Services in its sole discretion, including removing, modifying, or updating the specific scans performed.  These modifications may be made without notice from ONLAYER.

 

 

2.Subscriber Obligations

2.1. Obligations.

 

Subscriber shall:

 

(i) Be responsible for the compliance with all laws, regulations, and other restrictions on the distribution or use of the software, including the export laws of the Turkey;

 

 

(ii) Be responsible for all equipment and services necessary to receive the Services;

 

(iii) Maintain any confidential information disclosed by ONLAYER; and

 

(iv) Pay all charges resulting from the use of the Services.

 

2.2.Restrictions.

 

Subscriber shall not

(i) Use the Services to engage in any unlawful or prohibited activity;

 

(ii) Use the Services to infringe on the intellectual property rights of a third party;

 

(iii) Interfere or disrupt networks or third parties;

 

 

(iv) Bypass or violate any policies and procedures of networks connected to the Services;

 

 

(v) Directly or indirectly, reproduce, sell, lease, rent, transfer, or exploit the Services;

 

 

(vi) Use the Services to scan dguomains or attempt to gain access to ONLAYER’s or a third party’s System without the express permission of ONLAYER or the relevant third party;

 

 

(vii) Represent that ONLAYER guarantees any of your products or services;

 

(viii) Use a report generated by the Services for any reason other than obtaining PCI compliance, remedying vulnerabilities on the scanned system, or other internal business purposes; or

 

 

(ix) Reverse engineer or otherwise derive the processes and source code by which the Services are provided or by which the reports are generated.

 

3.Fees and Payment

3.1.Fees. Subscriber shall pay all fees resulting from Services ordered under its account, regardless of any actual use of the Services or if Subscriber’s site passes the vulnerability scans.  Prices for the Services are posted on the PCI Checklist website at www.pcichecklist.com.  ONLAYER may revise its fees at any time by posting an amended fee schedule on the website or sharing to customers with e-mail.  Continued use of the Services after an amended fee schedule is posted constitutes Subscriber’s acceptance of the fee changes.

 

 

 

3.2. Method of Payment. Fees must be paid in advance and are non-refundable.  For monthly paid subscriptions, monthly account billing starts at midnight on the first of every month.  Payment must be made by the credit or debit card designated by Subscriber during the account registration, and Subscriber authorizes ONLAYER to charge all fees to this credit card. For paid subscriptions, Subscriber’s credit card shall be charged automatically for all fees owed for the Services using the debit or credit card provided during the registration process. Accounts designated as group invoice billing account must be approved by ONLAYER and will be invoiced on a monthly basis.

 

3.3.         Billing Issues. Questions regarding fees and charges must be made to ONLAYER within thirty (30) days of such charge. Failure to use the account is not a basis for refusing to pay any charges. Billing corrections shall be made by providing a credit to Subscriber’s account for future monthly fees or for the purchases of service upgrades. ONLAYER may deactivate any account that has a disputed charge until ONLAYER, in its sole discretion, determines the dispute resolved.

 

 

3.4.         Rejected Charges. If a fee is rejected by your card issuer (or its agent or affiliate), ONLAYER may deactivate your account and prevent access to the Services until the fee has been successfully processed.

 

 

4.Privacy

4.1.         Privacy Policy. ONLAYER shall follow the privacy policy posted on its website at https://ONLAYER.com/privacy-policy when collecting and using information from you. ONLAYER may amend the privacy policy at any time by posting the amended privacy policy on its website.

 

4.2. Disclosure. ONLAYER will only disclose information where required by a subpoena, interception order or other lawful process. ONLAYER may also disclose information when it believes that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect ONLAYER’s rights under this Agreement.

 

4.3. Opt Out. You may opt-out of having information used for purposes not directly related to the Services by emailing a clear notice to optout@onlayer.com.  By clicking “I ACCEPT”, you affirmatively consent to receiving ONLAYER’s and its affiliates’ promotional material.

 

 

4.4. Permissions. You expressly agree that ONLAYER may transfer reports and other information about use of the Services to the reseller or partner providing or referring the Services to you (if any), any member of the PCI counsel, any law enforcement official, or any affiliate of ONLAYER.

 

 

5.Intellectual Property Rights

5.1.Ownership. The Services are being licensed only.  Regardless of any use, distribution, or modification by Subscriber, ONLAYER shall retain all title, interest, and ownership rights in:

 

(i) the Services, including all techniques and ideas embedded therein,

 

(ii) all copies or derivative works of the Services, regardless of who produced, requested, or suggested the copy or derivative work,

 

(iii) all documentation and materials provided by ONLAYER to Subscriber, and

 

(iv) all of ONLAYER’s copyrights, patent rights, trade secret rights and other proprietary rights.

 

5.2.Intellectual Property. Subscriber may not use the ONLAYER name, brand, trademarks, service marks, logos, or any other intellectual property in any way except with ONLAYER’s prior written consent. The Services may not be used to post or make accessible any material that infringes the copyright of a third party.  If ONLAYER reasonably believes that the Services are being used in such a manner, ONLAYER may terminate this Agreement or restrict access to the Services.

 

  1. Indemnification. Subscriber shall defend, indemnify, and hold harmless ONLAYER, its officers, directors, employees, and agents from and against any claims, costs, damages, expenses, losses, legal proceedings, or other liabilities (including, without limitation, reasonable attorneys’ fees) which are brought or threatened against ONLAYER by any third party as a result of:

 

 

(i) Subscriber’s negligence or willful misconduct;

 

(ii) false, inaccurate, or deceptive data associated with Subscriber’s account;

 

(iii) Subscriber’s breach of this Agreement;

 

(iv) Subscriber’s use of the Services; or

 

(v) Subscriber’s infringement of the intellectual property rights of a third party.

When ONLAYER is threatened with suit or sued by a third party, ONLAYER may seek written assurances from you concerning your promise to indemnify ONLAYER. Failure to provide assurance is a material breach of this Agreement. ONLAYER shall have the right to participate in any defense by Subscriber of a third-party claim related to the Services, with counsel of ONLAYER’s choice at Subscriber’s expense.  Subscriber must receive ONLAYER's prior written consent regarding any related settlement. 

 

  1. Exclusion of Warranties.

7.1. Internet. The Services are provided over the Internet are subject to the operation of the Internet and telecommunications infrastructures as well as the operation of Subscriber’s Internet connection services, all of which are beyond the control of ONLAYER.

7.2. Guarantee Disclaimer; Assumption of Risk.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

 

ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

 

ONLAYER DOES NOT WARRANT THAT ANY PART OF THE SERVICES WILL

(I) MEET SUBSCRIBER’S REQUIREMENTS,

(II) BE FREE FROM INACCURACIES, MISTAKES, DELAYS, INTERRUPTIONS OR TYPOGRAPHICAL ERRORS, OR

(III) FIND, LOCATE, DISCOVER AND REPORT ALL POSSIBLE COMPUTER INSECURITIES AND VULNERABILITIES.

 

ONLAYER DOES NOT WARRANT THAT ANY PROVIDED RECOMMENDATION WILL CORRECT OR CURE A DETECTED VULNERABILITY. SUBSCRIBER SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

 

 

 

 

  1. Term and Termination

8.1. Term. This Agreement shall commence upon the activation of Subscriber’s account and shall continue until terminated by either Subscriber or ONLAYER. 

8.2. Termination by Subscriber. Subscriber may terminate this Agreement at any time by sending notice of the cancellation to cancellation@onlayer.com . ONLAYER is not responsible for cancellation emails sent to the wrong email address even if ONLAYER is aware of the email or cancel request. Your account will be terminated within 24 hours of ONLAYER’s receipt of your cancellation notice at the proper email address.  If you are part way through a monthly billing cycle, the remaining days in that cycle are forfeited. 

 

 

8.3. Termination by ONLAYER. ONLAYER may terminate this Agreement in its sole discretion.  Notice of the termination will be sent to the email address listed in Subscriber’s account.  ONLAYER is not liable for any damages that may result from termination carried out in accordance with this Agreement. 

 

8.4. Events Upon Termination. Subscriber shall immediately cease using the Services upon receiving notice of termination of this Agreement.  ONLAYER will not reimburse or refund any unused credits, money, or time remaining in your subscription plan.  Once canceled, Subscriber’s account will not be charged further fees unless outstanding charges exist on the account.  Any outstanding charges will remain due and be charged to the provided credit or debit card automatically by ONLAYER.  If the account is an approved group invoice billing account, a charge to your credit or debit card will be made for final payment.

 

 

 

 

9.Limitation of Liability

9.1. Damage Limitation.

ONLAYER’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OR RELATED TO THIS AGREEMENT, UNDER ANY THEORY OR CLAIM, SHALL BE LIMITED TO THE AMOUNT PAID BY SUBSCRIBER FOR THE SERVICES REGARDLESS OF THE TYPE, AMOUNT, OR EXTENT OF ANY ACTUAL DAMAGES SUFFERED.

 

 

 

ONLAYER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, OPPORTUNITIES, REVENUE, SAVINGS, GOODWILL,OR USE OR POSSESSION OF DATA, EVEN IF ONLAYER WAS AWARE OF THE POSSIBILITY OR THE EXISTENCE OF SUCH DAMAGES.

 

THE LIMITATIONS ON LIABILITY PROVIDED HEREIN SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

 

 

ONLAYER SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY LOSS SUFFERED BY SUBSCRIBER DUE TO USE OF THE SERVICES OUTSIDE THE NORMAL AND INTENDED USE. 

 

9.2. Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, neither party may bring any action, regardless of form, arising out of or relating to this Agreement more than one (1) year after the cause of action has occurred.

 

 

 

 

 

  1. Miscellaneous

10.1. Force Majeure. Neither party hereto shall be liable for any breach of its obligations hereunder resulting from any event not under the reasonable control of that party. The parties agree that the availability of the Internet and connections made through the Internet are not within the reasonable control of either party.

 

10.2. Entire Agreement. This Agreement and all other documents referred to herein shall constitute the entire agreement between the parties and shall supersede any other existing agreements between them, whether oral or written, with respect to the subject matter hereof.

 

10.3. Amendments. Except as otherwise provided herein, ONLAYER may revise this Agreement at any time in its sole discretion.  Any revisions or change will be effective upon the earlier of the posting of the changes or revisions to the ONLAYER website or upon notification to Subscriber of the change.  Subscriber shall periodically review the website in order to be aware of any changes.  Subscriber may terminate this Agreement in accordance with article 8 if Subscriber does not agree to any changes made. By continuing to use the Services, Subscriber accepts any changes made and will be bound by such changes.

 

10.4. Waivers. The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

 

10.5. Notices. All notices shall be in writing and in English. Notices shall be made by registered mail, return receipt requested, sent to ONLAYER BİLİŞİM TEKNOLOJİLERİ A.Ş. at Fatih Sultan Mah. 2365.Sok. Çamlık Park Villaları No:7 Etimesgut/ANKARA/TURKEY. Notices to Subscriber shall be sent to the email address provided during the registration process.  Notices may be sent facsimile transmission provided that all facsimile transmissions are confirmed within 12 hours by a first-class mailed copy of the facsimile transmission.

 

 

10.6. Severability. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable statute or rule of law, then the provision shall be reformed to the minimum extent necessary to cause the provision to be valid and enforceable. If reformation is not possible, then the provision shall be deemed omitted and the balance of this Agreement shall remain valid and enforceable.

 

10.7. Survival. All provisions of this Agreement relating to confidentiality, disclaimer of warranties, proprietary rights, indemnification, limitation on remedies, and limitations of liability shall survive the termination of this Agreement.

 

 

10.8. Assignment. Subscriber may not assign or transfer any right or obligation under this Agreement without first obtaining ONLAYER’s written consent.  Any assignment or transfer of rights or obligations shall be voidable in ONLAYER’s discretion. ONLAYER may assign this Agreement in its sole discretion.

 

 

10.9. Governing Law and Jurisdiction. This Agreement shall be interpreted and construed under The Laws of The Republic of Turkish without regard to any conflicts of law principles. All claims or legal action must be commenced in the courts of Ankara. Both parties agree to the venue of such courts. 

10.10. Rights of Third Parties. There are no third party beneficiaries under this Agreement.

 

 

 

ACCEPTANCE

 

BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU WILL COMPLY WITH THEM AS PRESENTED HEREIN.