Terms and Conditions
Article 1
(1) The General Terms and Conditions (hereinafter: the General Terms and Conditions) describe and regulate the terms and conditions for the provision of electronic communications
services by the telecommunications company Isola Networks d.o.o. (hereinafter: IN).
(2) The General Terms and Conditions describe and regulate the rights and obligations between the End User of Services or the User of Services as a consumer of services
(hereinafter: the User) and the companies providing these services Isola Networks d.o.o. IN (hereinafter: IN).
Subject of the General Terms and Conditions
Article 2
(1) Within the meaning of these General Terms and Conditions, IN services include: connection and access to the public electronic
communication network, publicly available telephone services in a fixed electronic communications network,
video, voice and audio transmission services over electronic communications networks, internet access services, services with specific
tariff, voice transmission services over the Internet as well as all additional services provided on the basis of these General Terms and Conditions.
(2) The following provisions shall apply to the relations between IN and the User that are not regulated by these General Terms and Conditions:
of the Electronic Communications Act, the Ordinance on the Manner and Conditions of Performing the Activity of Electronic Communications
communication networks and services and other relevant regulations of the Republic of Croatia.
Terms and definitions
Article 3
(1) Price list: a list of services and packages and the associated prices, including the description and specifics of each IN service, which is available to the End User or the User of IN services at any time at the point of sale or the IN website.
(2) Electronic communications network: transmission systems and, where applicable, switching or routing equipment and other means, including non-active parts of the network, which enable the transmission of signals by wire, radio, light or other electromagnetic systems, including satellite networks, fixed terrestrial networks (with channel and packet switching, including the internet), power cable systems to the extent that they are used for signal transmission, broadcasting networks and cable television networks, regardless of the type of data being transmitted.
(3) User: a natural or legal person who has concluded a contract with IN for the provision of services that are the subject of these General Terms and Conditions.
(4) End user: a natural or legal person who has signed the Application and is responsible for payment for the services used.
(5) Applicant: a natural or legal person who submits an application for concluding a contract with IN.
(6) Subscription Agreement: an agreement between the User and IN on the provision of services that are the subject of these General Terms and Conditions.
(7) Temporary User: the User who temporarily transfers his/her certain rights and obligations from the Subscription Agreement to the User, in accordance with the contract concluded with the User.
(8) Temporary disconnection: temporary disconnection of the User Terminal Equipment from the IN network, which may occur when the conditions for disconnection of the use of services are met in accordance with the applicable regulations, i.e. these General Terms and Conditions.
(9) Temporary restriction: disabling the User from using a certain IN service, which may occur when the conditions for restricting the use of services are met in accordance with the applicable regulations, i.e. these General Terms and Conditions.
(10) Service Specification: an integral part of the Price List that includes a description, specifics and corresponding prices of a particular IN service, which is available to the User at any time at points of sale or on the IN website.
(11) Terminal equipment: telecommunications equipment directly or indirectly connected to the IN network.
(12) Tariff-specific services: services provided through the fixed IN network that contain a specific value-added element. Among other things, they include content services (06x services), free call service (0800 services), (…) provided to the User by IN or another public communication service operator that provides access to the fixed network IN.
(13) Request: a request to conclude a subscription contract with IN and/or any subsequent request for the provision of the IN service and/or for the amendment of the subscription contract, unless otherwise stated.
Application for concluding a Subscription Agreement
Article 4
(1) The application for the conclusion of a subscription contract shall contain the following: data on the End User (natural or legal person who has signed the Application and is responsible for payment for the services used) and/or the User of the subscriber number (natural or legal person using the services), if the latter is different from the person responsible for payment, data on the location of the connection for services in the fixed network, information for contacting the End User, address for sending invoices and notifications, a list of attached documents by the End User, information on the method of payment of the invoice, on the Terminal Equipment, IN online account, information on the service, information on special offers, information on the agreed mandatory duration of the subscription relationship, a clear confirmation that the
The end user is provided with the general terms and conditions, the Price List and the terms of use of the selected service or, if the user wishes, a special confirmation that the same documents listed by name will be sought on the IN website.
(2) By signing the application for concluding a Subscription Agreement for the provision of IN services (hereinafter: the Request), the User accepts the terms and conditions of use of IN set forth in these General Terms and Conditions. Prior to signing the Request, IN shall deliver to the User these General Terms and Conditions, the Price List of IN Services and Packages (hereinafter: the Price List) and the terms of use of the selected service, i.e. prior to signing the Request, instruct the User that these General Terms and Conditions of Use of the selected service and the Price List agreed upon by the User may also be downloaded from the Website isolanet.hr In the event that the User has downloaded the constituent parts of the Subscription Agreement on the IN website, The user can terminate
a subscription contract without payment of a fee for early termination within three (3) working days from the date of conclusion of the subscription contract, with the return of user equipment or other equipment handed over by IN. The user equipment must be
unused, i.e. in the same packaging as it was handed over to the User.
(3) IN shall accept the Request at the moment of signing it, and no later than within 15 days if there are no obstacles to the User’s connection to the IN network provided for in these General Terms and Conditions. By signing the Service Request and accepting the Request by IN, the User concludes a subscription contract. The deadline for establishing the service is 30 days from the date of concluding the Subscription Agreement, i.e. signing the appropriate Request,
complete and correct single statements on the termination of the contract with the existing Operator.
(4) The time in which IN was unable to connect the Subscriber Terminal Equipment to the IN network for reasons for which the User is responsible shall not be included in the deadline for connecting and activating the IN Service.
(5) The User may independently determine the date of concluding the Subscription Agreement with IN, provided that all technical and administrative prerequisites necessary for the conclusion of the contract are met. The User agrees to bear all costs that may arise for the IN that arise as a result of such a selected date of concluding the contract. The day of concluding the contract may be determined by the User no more than 90 (in writing: ninety) days in advance.
(6) The request accepted by IN, together with these General Terms and Conditions, the Price List and the Terms of Service, constitutes a Subscription Agreement within the meaning of these General Terms and Conditions.
(7) In accordance with the Consumer Protection Act, in the case of concluding a contract at a distance and/or outside the business premises of IN, the User has the right to terminate the contract within 14 days from the date of concluding the contract.
(8) An individual additional IN service, the use of which is technologically conditioned by the provision of some other service in accordance with the corresponding service specification from the IN Price List, follows the legal fate of the service that is a prerequisite for it.
(9) The Applicant shall, with prior written notice to the IN, be entitled to withdraw from the submitted Application until the moment of acceptance of the Application by the IN in accordance with the general regulations of the law of obligations. In the event that IN fails to deliver the contracted service within the period referred to in paragraph 3 of this Article, and the delay did not occur for reasons resulting from the actions of a third party, nor did the User agree in writing to extend the delivery deadline
service, the User has the right to terminate the Subscription Agreement.
Specific provisions on the conclusion of distance contracts
Article 5
(1) Depending on the type and convenience of the service offered, IN shall enable the User to conclude distance contracts, which includes, in particular, concluding contracts via the Internet, e-mail, telephone with human intermediation, through specially printed addressed and unaddressed materials, and other means of remote communication
Communication is based on positive legal regulations.
(2) When concluding the contract by means of remote communication, IN shall pay particular attention to the protection of the User’s personal data as well as the given or denied consents by the User. As a rule, concluding a contract by means of remote communication will be enabled to all Users, all with the aim of making it faster and simpler
communication and activation of additional or new services.
(3) By submitting a Request for concluding a contract via one of the means of remote communication, the User gives consent to IN for the use of such collected personal data until the moment of explicit revocation of the given consent.
(4) In the case of concluding a contract by means of remote communication, IN shall ensure equal conditions for the User to familiarize itself with all relevant conditions regarding the contracted services, prior to concluding the contract, including information on these General Terms and Conditions, the price of services, special benefits, the manner of filing a complaint, the toll-free number for information, etc.
(5) A contract concluded by telephone as well as via the Internet shall be considered a subscription contract concluded at a distance. In order to conclude a distance contract, the Applicant must provide proof of identity (name, surname, OIB)
and all the information necessary to conclude the Subscription Agreement in accordance with these General Terms and Conditions. When concluding a distance contract, IN undertakes to provide the User with a written confirmation of the concluded contract on a durable medium (in writing by post,
by electronic means (e-mail)), in accordance with the provisions of a special regulation on consumer protection. A distance contract is considered concluded when the User confirms his/her consent after receiving the notification of the concluded Subscription Agreement.
The User may confirm the consent to the conclusion of the contract in writing, electronically (e-mail) or by paying the first invoice. IN will inform the User about the possible ways of giving confirmation of consent to the conclusion of the Subscription Agreement.
The User who has concluded the contract in this way has the right to terminate within 14 (fourteen) days from the conclusion of the contract, in which case the User will not be charged a fee for early termination of the contract, of which the User will be notified in a written confirmation. A request for unilateral termination within 14 (fourteen) days shall be submitted in accordance with Article 21. paragraph 4 of these General Terms and Conditions, and shall enter into force at the moment when IN received the notice of termination if it was submitted within the period referred to in this paragraph.
(6) A contract concluded through direct field sales shall be considered a subscription contract concluded outside the branch. In order to conclude a contract outside the branch, the Applicant must present an identification document and provide all the information necessary to conclude the Subscription Agreement in accordance with these General Terms and Conditions. In the event of concluding the Contract outside the branch office, IN undertakes to deliver to the User a written notice of the concluded contract to the home address or address of the company’s registered office, or to the e-mail address if the contract was concluded electronically.
Form. A contract concluded outside the branch office is considered to have been concluded on the day when the User signed the documentation. The User who has concluded the contract in this way has the right to terminate within 14 (fourteen) days from the conclusion of the contract, in which case the User will not be charged a fee for early termination of the contract, of which the User will be notified in a written confirmation. A request for unilateral termination within 14 (fourteen) days shall be submitted in accordance with Article 21. paragraph 4 of these General Terms and Conditions, and shall enter into force at the moment when IN received the notice of termination if it was submitted within the period referred to in this paragraph.
Rejection of the Application for the establishment of a Subscription Relationship
Article 6
(1) IN shall have the right to reject the Application for the establishment of a Subscription Relationship in the following cases:
• if there are no standard technical conditions for connection to the IN network, i.e. the provision of the IN Service, at the connection location;
• if the Request is not duly completed;
• if the Applicant fails to provide proof of identity and all data and/or documents required to conclude the Subscription Agreement,
in accordance with these General Terms and Conditions;
• if the Applicant is a minor, or a person with limited or no legal capacity, and does not have a valid authorisation from a legal representative, or has deficiencies in the authority or right to representation;
• if there is a reasonable suspicion that the data on the identity, i.e. legal capacity of the Applicant and his/her ability to pay are incorrect or untrue;
• if bankruptcy or similar proceedings have been initiated against the Applicant, i.e. if he becomes unable to pay
or if, according to a reasonable estimate, it will not be able to
or has no intention of settling its debts for the services provided, and fails to provide adequate payment security provided for by the positive regulations;
• in the event of the existence of a debt that is disputed before a judicial or extrajudicial body, and the User requests the delivery of an equivalent service;
• if there is a reasonable suspicion that the Applicant is misusing or intends to misuse any of the services provided by IN or if it allows a third party to misuse these services, or if the Applicant has failed or failed to report the misuse of these services by third parties;
• in other cases provided for in the specification of the service for a particular service from the IN Price List.
Activation of services
Article 7
(1) The activation of the service shall be considered to be the connection of telecommunications terminal equipment to the IN network at the connection location specified in the Application for the establishment of a Subscriber relationship, i.e. enabling the User to use the Services by IN.
(2) With the activation of the service, the calculation and billing of the service and the mandatory duration of the contract, if agreed, in accordance with these General Terms and Conditions, begins. The activation of the service during the installation of telecommunications terminal equipment by IN occurs on the day of successful installation of the equipment at the connection location. If the User has chosen the option of self-installation of the IN telecommunications terminal equipment, by delivering the self-installation package, it will be considered that IN has fulfilled its obligation regarding the activation of the service. The User agrees and accepts that the risk of accidental failure or damage to the IN telecommunications terminal equipment shall pass to the User at the moment of receipt of the telecommunications terminal equipment by IN. IN will provide installation instructions and a contact phone number for assistance with each self-installation package.
(3) IN shall enable the use of its services to the User who has secured all the technical prerequisites for the use of the requested service. The technical requirements depend on the type of service requested and are specified separately in the description and specification
A number of services.
(4) At the connection location, the User is obliged to provide, at his own expense, appropriate telecommunications terminal equipment, power supply necessary for its installation, operation and maintenance, a computer program that provides access to the service and an appropriate device that supports the HDMI input for the IPTV service. Telecommunications terminal equipment, including local installations, which is connected to the IN network, must comply with the applicable regulations.
(5) The user is obliged to ensure proper home installation. If, during the realization of the requested service, it is determined that the end user does not have a proper home installation, the services will not be realized and the end user has the right to terminate the contract without paying a fee for early termination of the contract, but is obliged to reimburse the IN activation cost in accordance with the valid IN Price List.
(6) The User shall, at its own expense, provide IN access to the facility at the connection location, i.e. enable the use of the User’s property free of charge, to the extent necessary for the implementation of testing, installation and maintenance of the telecommunications connection line and/or telecommunications terminal equipment, i.e. the provision of the required service. The time in which IN is not provided with access to the facility at the connection location for reasons beyond the control of the IN will not be included in the deadline for connecting the telecommunications terminal equipment and activating the service.
Procedures for Activating Additional Services and Changing Subscription Packages
Article 8
(1) Upon the establishment of the Subscription Relationship, certain IN services are available to the User through publicly announced activation procedures. If the conditions for the requested service or package are met, IN will issue the User with a confirmation of acceptance of the Request with the date of service activation.
(2) On the day of service activation, it shall be considered that an amendment or amendment to the Subscription Agreement has been concluded with regard to the activated service, tariff option or package. IN is obliged to issue or send to the User a written confirmation of the activation of the additional service together with the terms of use of the same and an instruction on the right to terminate the contract in accordance with Article 5. and Art. 21. of these General Terms and Conditions or send a confirmation electronically in cases where it is not possible to send a written confirmation.
Information about the Applicant/User
Article 9
(1) The User shall be obliged to provide the necessary data and/or documents necessary for his/her identification and for the purpose of establishing and fulfilling the rights and obligations arising from the contractual relationship in the form requested by IN, in accordance with special regulations.
(2) Data concerning the contractual relationship, on the basis of which the calculation and payment of the service, including traffic data, is carried out, shall be processed for the purposes of:
• the provision of telecommunications services;
• billing and billing for services provided;
• solvency checks;
• resolving complaints;
• ensuring an adequate level of security of the service and/or network and preventing misuse and fraud.
The User gives his/her consent to the processing of data referred to in this paragraph, which is understood as a substantive part of the service in question, by submitting a Request, i.e. by using the service in question. The User’s data may also be processed in other ways by law
certain and permissible purposes.
(3) For the purpose of providing the easiest and desired way of access to free individually designed promotional communications about IN’s services and products, as well as the protection of legitimate business interests, i.e. the prevention of abuse and fraud, IN must have certain data with the consent of the User (voluntary provision of data).
(4) Subject to and within the framework of the User’s consents, in accordance with Paragraph 5 of this Article, IN is authorized:
4.1. use the contractual data from the Subscription Agreement with the User for the purposes of: general customer support (consulting), improvement of sales and promotion of IN services and products, as well as segmentation and market research, with the aim of creating new products
and service in.
4.2. to carry out direct promotion of IN services and products in order to better inform the User about the offer of IN products and services through written notifications, e-mail, telephone, fax, text messages (sms, mms), direct contact by
authorized sales employee.
4.3. collect and process the necessary data for the verification of solvency before entering into a contractual relationship with IN, i.e. to provide data to third parties for the purpose of collecting the receivables it has against the User, all for the purpose of protecting the legitimate business interest of IN in the form of reducing the risk of possible damage, reducing existing and future debt, as well as for the purpose of protecting the interests of the User.
(5) The User confirms that he/she has been informed in detail about the processing of data in accordance with the applicable regulations and agrees with the methods of giving consents referred to in paragraph 4 of this Article. Users who have established a Subscription Relationship after the entry into force of these General Terms and Conditions shall express their will regarding the processing of data referred to in this paragraph through a Request exhaustively stating the consents referred to in Paragraph 4 of this Article, or through another User Request.
(6) Any consent given in accordance with paragraphs 2 and 4 of this Article may be revoked or limited at any time free of charge, in whole or in part (including with regard to the desired method of receiving promotional communications), by submitting a request IN in writing, in person, by e-mail or through online user
page.
(7) The User must notify IN of any change in personal data from the Request immediately, and no later than 15 days from the occurrence of the change. The user is solely responsible for any damage that may occur in the event of non-fulfillment of this obligation. Otherwise, it will be considered that the service has been validly performed on the basis of the existing data.
(8) With the consent of the User, the information about the User shall be published in the public telephone directory, until revoked, to the extent determined by the User (the necessary data for the purpose of the directory – public availability of information about Users – are name and surname, telephone number and address). Users who are legal persons may not request a restriction on the entry of data necessary for basic identification and communication in the public directory. The directory is issued in an electronic edition and through the service for providing information about the User’s numbers. With the User’s consent, a reverse search (search by phone number) can be enabled as part of the electronic edition.
(9) The user is provided with identification marks (e.g. username, password) that are used to authorize access to the IN service, and which he is obliged to protect from unauthorized use. The user is responsible for all activities carried out under his identification code. He will not be held responsible for any of the
any damage that may occur to the User and/or third parties, as a result of acting contrary to these provisions and/or improper handling of the User’s identification mark and/or misuse and/or unauthorized use of any of the User’s identification marks. In the event of misuse or suspicion of misuse of the identification mark, the User agrees that IN has the right to charge him for all costs incurred under his identification code, until the moment of reporting the IN. Reports of unauthorized use of the identification mark will be considered valid, if they are reported by phone, on any day from 0 to 24 hours, to the telephone number of the Technical Support Service IN 098886020 , with the obligatory indication of the information necessary to assess the veracity of the report.
Prices and payment terms
Article 10
(1) The prices of services charged by IN pursuant to these General Terms and Conditions are determined by the valid Price List of IN. The prices of each individual service are visibly described and listed in the IN Price List. IN is authorized to change the Price List, publish it and make it available in accordance with applicable regulations.
(2) The price list, including the Terms of Use of IN services, is available at all authorized IN points of sale as well as on the official website of IN: isoalnet.hr
(3) The price of the installation is a one-time fee paid for the connection of the User’s telecommunications connection line. The installation price is charged as part of the regular IN bill. The installation price will be charged on the first subsequent IN invoice for the service that was the subject of the installation.
(4) The fee for the IN service provided shall be paid on a monthly basis. The price of the monthly fee for the
service depends on the method of access to the IN network and the user package. The price of realized traffic is determined according to the type of traffic, type of service, type of network, zone of the country with which the connection is established and the time in which the connection is established, according to the duration of the applied unit of account, i.e. according to the amount of realized
data traffic/data transferred.
(5) The price of an individual call for the User shall be expressed per second, with an indication of the applied unit of account and the fee for setting up the call or the minimum duration of the call, if applicable. Units of account are time intervals through which the realized turnover is calculated and charged. The time interval is usually 1 second, but it can be 15 or more seconds depending on the individual tariff system or user package. Entire units of account are always calculated and charged, which means that the call is calculated and charged as the sum of the units of account for the duration of the call, and the unit of account within which the call ended is calculated as the entire unit of account.
(6) As a rule, IN services shall be charged on a monthly basis through an invoice issued by IN. The invoice is issued in paper form. Users may also be offered the option of obtaining invoices in electronic form in accordance with special regulations. The User’s account will be available on request in a form adapted to the blind and visually impaired
persons.
(7) The monthly fee for the first month of the service provided shall be charged in proportion to the number of days of service use for each day until the end of the month in which the service was activated. The charge for the services provided for the month in which the contract is terminated will be charged in proportion to the number of days of service use until the date of termination of the contract.
(8) IN may introduce, change or abolish user packages, tariff options and tariff models, change or abolish the transmission speed and certain special services, or the conditions for their application, with prior notification to the User in accordance with the applicable regulations. In the event of a change, i.e. the conditions for the provision of a particular IN Service, the User has the right to continue using the IN service in question under such changed conditions without the need to
for additional actions by the user. If IN ceases to provide certain user packages and/or tariff options and/or tariff models and/or transfer speeds for any reason, the use of the individual IN service will continue to be charged at the standard prices and conditions of IN valid at that time or according to the prices and conditions determined for this purpose by IN in the process of migrating the User. In the event of changes to the terms and prices of IN services, which are less favourable to the User in relation to the previously agreed terms and prices, the User shall have the right to terminate the contractual relationship free of charge within 30 days from the date of publication of the changes to the terms and conditions, i.e. prices, of which they will be notified in writing or electronically.
(9) It shall be considered that the Beneficiary receives the regular invoice IN regularly every month. The user bears the costs of payment transactions that may arise in connection with the payment of invoices. In the event that certain fees are not calculated in the accounting period in which they were used, due to operational and/or technical reasons, IN reserves the right to calculate them subsequently in one of the following accounting periods.
(10) If, due to the User’s omission, the User’s identity data, account number, reference number or any other information necessary for the proper recording of payments are not correctly entered into the payment form, IN shall not be liable for the inability to record the payment for the stated reasons, until the User submits IN proof
about the payment made.
(11) For late payment of the IN invoice by the User, IN is entitled to calculate default interest based on the applicable regulations.
Collection of receivables
Article 11
(1) The User shall be obliged to settle the entire calculated amount of the invoice by the due date specified on the IN account.
(2) Users have the right to cancel IN services at any time, whereby IN does not refund invoices paid before the date of termination of the service. Users who use IN services as part of the “No Contractual Obligation” offer can cancel the service without paying a termination fee, while Users who have committed to 12 or 24 months do so under the conditions indicated in Article 20, paragraph 5 of the Act. Details on the resolution of complaints and disputes with Users are explained in Article 16 and Article 22 of these General Terms and Conditions, respectively.
(3) If the User fails to pay the full amount of the invoice by the due date specified on the invoice, the IN shall deliver a written reminder for the payment of the invoice (hereinafter: the Reminder). The reminder contains a warning that IN will temporarily turn off the Subscriber’s telecommunications terminal equipment, i.e. limit the use of the service if the User fails to settle the debt from the Reminder within 30 days from the date of delivery of the Reminder.
(4) A user who submits a complaint in accordance with Article 16 of these General Terms and Conditions shall be obliged to pay by the due date of the invoice an undisputed part of the invoice amount or the average amount to which he was debited in the period of three months prior to the period to which the complaint relates.
(5) If the User fails to settle the due debt under the Reminder in full, and has not filed an objection in accordance with Article 16 of these General Terms and Conditions, IN shall have the right to temporarily turn off the Subscriber’s telecommunications terminal equipment, i.e. to limit the use of services in accordance with Article 19 of these General Terms and Conditions. The temporary shutdown of the Subscriber Telecommunications Terminal Equipment, i.e. the restriction of the use of services,
depending on the technical capabilities of the IN, refer only to those services for which the amount due has not been settled.
(6) During the temporary shutdown of the Subscriber Telecommunications Terminal Equipment, i.e. the restriction on the use of services, the User must be provided with incoming calls, outgoing calls to emergency services and a toll-free service number for the Operator’s Users.
(7) If the User fails to settle the debt within the next 30 days from the date of temporary exclusion, i.e. restriction on the use of services referred to in paragraph 4 of this Article, with the exception referred to in Art. 19. paragraph 7 of the General Terms and Conditions, IN has the right to permanently exclude or suspend the provision of services and terminate the Subscription Agreement in accordance with Article 21 of these General Terms and Conditions. The User agrees and accepts that IN may not be able to continue with the delivery of the service in the event that the reasons for permanent exclusion cease to exist and has the right to reject the request for reinstatement of the permanently excluded User. The reactivation of a permanently excluded User is charged in accordance with the IN Price List.
(8) In the cases referred to in paragraphs 4. and 5 of this Article, IN shall not be liable for any damage that may arise to the User due to the temporary exclusion or restriction of the use of services.
(9) IN is authorized, with the prior consent of the User, to assign the claims it has against the User to third parties, e.g. banks, debt collection agencies in accordance with specially agreed conditions and without additional costs for the User, and in a manner and in accordance with the applicable regulations.
Article 11a
(1) Upon request, the User may be provided with a payment method via Direct Debit via the SEPA payment service. SEPA direct debit is a national payment service for debiting the User’s account for the payment of the contracted IN services when the payment transaction is initiated by IN (payee) through its payment service provider (Bank) on the basis of the User’s Consent.
(2) IN shall enable the use of direct debit via SEPA payment service to Users who agree to submit invoices for the use of services via e-mail, provided that they have an active bank account (IBAN) with available means of payment.
(3) At the request of the User, IN shall submit the Consent for SEPA Direct Debit via e-mail, postal services or in person at the IN branch office for direct debit via SEPA payment service.
(4) By signing the Consent, the User confirms that his/her account will be debited via SEPA direct debit and that invoices for the use of IN services will be delivered to the User exclusively via e-mail.
(5) IN shall have the right to reject the request for SEPA direct debit if the conditions referred to in paragraph 2 of this Article are not met.
(6) IN shall have the right to unilaterally terminate the Subscription Agreement within 14 days from the date of conclusion of the contract if it determines that the other contracting party will not be able to, or has no intention of, settling its future or due debts for the use of the public communication service.
(7) The direct debit service via the SEPA payment service may be requested by any new or existing User of IN services.
(8) The user may request a direct debit via the SEPA payment service electronically to the customer support email address podrska@isolanet.hr, via the number 051 500 600 or on the IN customer website.
(9) The User may change or revoke the Consent only with the IN (payee).
(10) In the event of revocation of the Consent referred to in the previous paragraph of this Article, the User agrees to change the terms of payment for services in accordance with the terms of the Subscription Agreement.
(11) The User is obliged to notify IN of any changes related to the data obtained from the Consent for Direct Debit via SEPA Payment Service.
(12) During the term of the Consent referred to in paragraph 4 of this Article, IN shall deliver an invoice to the User for the services rendered no earlier than fourteen (14) and no later than one (1) calendar day prior to the date of execution of the SEPA direct debit to the agreed e-mail address, which shall be considered as a prior notification to the payer. Information on SEPA Direct
The charges are delivered to the user within the content of the e-mail message.
(13) In the event of a rejected SEPA direct debit order, IN will notify the user of the debt in accordance with Article 10 of the SEPA Direct Debit Act. paragraph 4 of these General Terms and Conditions
(14) In the event of a rejected SEPA direct debit order referred to in the previous paragraph, the User undertakes to settle the account by payment to the transaction account or in cash at the IN branch.
(15) If the user has obtained a discount based on contracting a SEPA direct debit, and the order for the execution of a SEPA direct debit has been rejected for three (3) billing periods in a row, IN reserves the right to cancel the realized discount in accordance with the terms of the Subscription Agreement.
(16) The User may file a complaint with IN about the amount in charge of the services provided in accordance with Article 15 of these General Terms and Conditions.
Article 12
(1) For the purpose of providing the Services IN, IN shall:
– Assign to the User, for services that by their nature require it, a Subscription Name and identification codes and passwords (e.g. for Internet access authorization) that the User can use for the purpose of easier access to IN and its services;
– Enable a detailed overview and printout of all calls and invoices for the period of the past year upon request and in writing, free of charge;
– Connect its electronic communications network with other electronic communications networks in the Republic of Croatia and abroad in order to enable indirect and direct communication of the Users of these networks in accordance with applicable regulations and international standards and recommendations;
– Expand the capacities of its telecommunications system in accordance with the growth of the number of users;
– Ensure the correct and uninterrupted operation of its telecommunications system;
– Provide free Customer Service regarding IN Services on the phone number 051 500 600
– Depending on the nature of the IN Service, provide an electronic communication network and equipment necessary for the use of the IN Services;
– Provide the User with the appropriate excerpt from the valid IN Price List free of charge and in an appropriate manner;
– Automatically record data on the services provided for the purpose of billing and billing for services and enable, at the request of the User, to view this data through a detailed printout of the invoice in accordance with the applicable regulations;
– Provide Users with access to content over a TCP/IP network. The content available through the IN Services, as well as software packages for the security protection of IN, in the event that they differ from the packages recommended by IN, is used by the User at their own risk and IN does not bear any responsibility for their content or quality;
– When activating the Internet access service, secure the user account from unauthorized use, so that only the Service User has access to the Internet through his user account;
– No later than upon activation of the service, submit or submit to the User a written instruction on the ways and measures of protection against possible abuses and fraud in the public communication network, the receipt of which is confirmed by the User by signing the appropriate document.
2) If IN has fulfilled the obligation from the last two points of paragraph 1 of this Article, the User shall be responsible for the application of all security and other measures necessary for the protection of the Subscriber’s terminal equipment, computer programs and data. IN is not responsible for unsatisfactory quality of service or damage that could occur if the User uses the terminal equipment in a manner contrary to the instructions of IN and these General Terms and Conditions.
Quality of service and maintenance and inspection of terminal equipment
Article 13
(1) IN shall provide services at a level of quality that is in accordance with all applicable technical standards and regulations of the Republic of Croatia.
(2) The transmission band/speed of an individual IN Service is the maximum transmission band/speed that is subject to change depending on the network load.
(3) The User agrees and accepts that within the technical and operational capabilities of the IN system, there is a possibility that a particular IN Service will not be available at all times. Also, the User agrees and accepts that due to the above, there may be a delay in sending or receiving data transmitted through the IN system.
(4) In particular, the User agrees and accepts that in the provision of certain IN Services based on IP (Internet Protocol) technology, there may be deviations in the quality of service provision (e.g. delay in sending or receiving data). For certain IP-based Services, IN cannot guarantee the accuracy of the location data from which the call was made, including calls made to emergency service numbers. Also, some IP-based IN services are not available in the event of a power outage. The above-mentioned characteristics and deviations in the provision of individual IN services are listed in more detail in the service specification in the IN Price List. In the described cases, IN shall not be liable for any damage that may be incurred by the User or third parties, unless the damage is caused as a result of intent or gross negligence solely on the part of IN.
(5) The user agrees that the speed of broadband Internet access is not always the same and that the speed actually delivered may deviate from the contracted access speed. Some of the reasons that lead to deviations in the speed of broadband Internet access may be: insufficient quality of the infrastructure under which the service is provided, congestion, inadequate quality of local installation in the area of the end user, interference with other electrical devices, defective network card at the end user, inadequate device with which the end user connects to the Internet, etc. These characteristics affect the speed of Internet access that the User could expect most of the time while accessing the service. The User agrees that speed measurement is performed through a certified tool for measuring broadband Internet access speeds, developed by the Croatian Regulatory Agency for Network Industries (hereinafter: HAKOM), www.hakom.hr. The term “broadband Internet access speed” for IN broadband Internet access packages is considered to be at least 70% of the maximum (contracted and advertised) broadband access speed or the maximum speed of the previously lower retail package, whichever is more favorable for the User.
(6) In the event of the User’s complaint about the speed of broadband Internet access, the End User must submit to the IN the results of at least three (3) measurements carried out over a period of five (5) consecutive days, with the obligation of a maximum of one measurement within 24 hours, of which the User shall be informed on the application form for the establishment of a subscription relationship and during the dispute resolution procedure. The measurement is carried out through a certified tool for measuring broadband Internet access speeds, developed by HAKOM. The measurement results shall constitute adequate evidence in the procedure for resolving the end-user’s complaint referred to in Article 16. General Terms and Conditions.
(7) If, due to a technical malfunction and/or a decrease in the quality of the service for which IN is responsible, access or use of IN services is prevented to the User, the User shall be entitled to a reduction of the monthly fee for the use of the service in proportion to the duration of the disruption. The reduction of the monthly fee will be made on the first subsequent IN account. In the event of termination of the subscription relationship, if the User has previously paid the due amount of the fee, the amount of the reduction will be paid to the User to the account specified in the request. IN is not obliged to compensate for damage if the lower level of quality is caused by force majeure, defective Subscriber terminal equipment or its improper or unauthorized use, failure of the User’s home installations and/or prolongation of works due to the elimination of disturbances caused by the User’s actions.
(8) The terminal equipment made available by IN to the User shall be the exclusive property of IN, unless otherwise stipulated in the Subscription Agreement. During the term of the subscriber relationship, IN maintains, repairs and, if necessary, replaces defective terminal equipment. The user is obliged to pay at his own expense within 30
On the day after the termination of the Subscription Agreement, return the leased equipment IN in proper and functional condition to the address of the branch: Isola Networks d.o.o.. Šetalište Sv. Bernardina 6 b , 51 500 Krk.
The description of the subscriber terminal equipment and the restrictions on the use and/or capabilities of the equipment, if any, depend on the individual contracted service and are detailed in the Specification of each Service.
(9) IN shall make every effort to ensure the integrity and continuity of the network within its capabilities and undertake all necessary activities to test or repair terminal equipment as soon as possible. For this purpose, IN has the right to inspect the correctness of the Subscriber’s terminal equipment by remote access and at the User’s location. The User is obliged to provide IN with free access to the area for the installation of terminal equipment and to allow free access to the installed terminal equipment, for the purpose of regular maintenance and removal of the same in the event of termination of the Subscription Relationship, with prior notice to the User by IN.
(10) IN ensures the correct and uninterrupted operation of its telecommunications system. For this purpose, IN will regularly maintain its capacities and monitor the functioning and quality of the service in accordance with technical standards and regulations and maintenance plans for the correct and uninterrupted use of services. In order to prevent network congestion, IN takes appropriate measures in order to achieve efficient use of network resources.
(11) The User undertakes not to open, damage or in any way modify the network terminal equipment and not to move the said equipment from the connection location for which it is intended. Complete maintenance and all modifications of the installed network terminal equipment can only be performed by persons authorized by IN,
unless expressly stated otherwise in the Service Specification.
(12) The User shall be liable for all damage caused by improper or unauthorized use or misuse of the network terminal equipment caused by the failure to exercise due care or intent, and for damage caused by defective installations to which the terminal equipment is connected, due to defective terminal equipment owned by the User or equipment without a certificate connected to the terminal equipment IN. The User is obliged to immediately report any defect, damage and loss or theft of terminal equipment to the telephone number IN 051 500 600, with the obligatory indication of the information necessary to assess the veracity of the report.
(13) IN shall not be liable for the unsatisfactory quality of the IN Service if the User, after accepting these General Terms and Conditions, fails to provide appropriate conditions for the placement of terminal equipment, i.e. an appropriate local installation.
(14) IN provides a service of free calling to the single European emergency number (number 112) as well as to other dialing numbers for access to emergency services in the Republic of Croatia, which includes free forwarding of these numbers. In accordance with special regulations, the IN will provide the central authority responsible for receiving calls to emergency services with data on the location from which the call was made.
(15) In the event of termination of the provision of IN services, and due to the transfer to another operator, IN will provide the service to the User until the moment of establishing a new service and switching to a new operator. The user is obliged, upon switching to a new operator in accordance with Art. 8 of this Article to return the rented equipment to IN.
Protection against abuse
Article 14
(1) In order to ensure protection against misuse and fraud in the public communications network, the IN shall regularly take appropriate measures to protect the security of the network and services provided through the IN network.
(2) IN is obliged to monitor the usual behavior of the User during the use of the services, and to warn them of any unusual and sudden increase in the cost of using a particular service, which may indicate abuse or unauthorized use. A warning to the User will follow if the usage is twice as high as
the average use of the service in the previous three (3) months, or in the case of the User who uses the service in a period of less than three months, twice the agreed amount of the minimum monthly consumption or the average monthly consumption of the IN user
within a particular group of users, depending on what is more favorable for the User.
(3) If, with regard to the User’s ability to pay, his/her previous payment behaviour and/or average use of services, and in the case of consumption that exceeds at least four times the average monthly consumption of the User, IN determines that there is a reasonable suspicion that the User will not be able or does not intend to settle his/her debts for the services provided, IN shall be entitled to issue an invoice for the use of services outside the regular invoicing period. If the User fails to pay the said invoice within the due date specified on that invoice, IN has the right to temporarily restrict the use of services in accordance with Article 19 of these General Terms and Conditions. On the invoice issued in this way, the appropriate
the provisions on filing an objection referred to in Article 16 of the Constitution shall apply. General Terms and Conditions.
(4) Notwithstanding the above, IN reserves the right, upon notifying the User, to temporarily restrict access to and use of certain services, as well as to introduce other appropriate measures to protect against abuse and fraud in order to protect the interests of the User and IN and other Internet users (e.g. restriction of the availability of calls to high-risk numbers, including calls to international destinations, restriction of access to the e-mail server to Users for whom there are suspicions of existence of viruses, restriction of outgoing traffic in order to limit the effects of viruses, restriction in case of misuse of Internet services by the User).
(5) IN is obliged, at the request of the User, to enable a free ban on certain types of outgoing calls, or calls to certain types of numbers or groups of numbers. IN will also, in accordance with the positive regulations, allow Users, at their request and free of charge, to prohibit outgoing public communication services after the monthly
the cost of these services (calls) exceeds a pre-selected amount; IN will regularly inform Users in writing about all the options for banning calls available to them.
(6) IN shall offer all Users the possibility of prohibiting access to the content of the service provider with a special tariff that is not intended for children. The User may request or cancel this option at any time, by a written request or by e-mail sent to the address podrska@isolanet.hr
(7) The User undertakes to use the IN Services exclusively for their own needs, and undertakes not to provide the Service or its individual parts, for temporary or permanent use, to third parties, including network resources allocated for the purpose of using the IN Service, without the prior written consent of IN.
(8) The User shall also be obliged during the use of IN services, if IN has fulfilled its obligations in
In terms of protection against abuse when activating the IN Service, specified in Article 6 of these General Terms and Conditions, it is obliged to properly and responsibly use the services provided by IN and for this purpose it is obliged to apply the available measures of protection against abuse and fraud, in accordance with the new instructions of IN, which are available to the User through the official website of IN or in another appropriate manner.
(9) In particular, it is prohibited and a violation of these General Terms and Conditions to use IN services for the purpose of publishing or transmitting content and data contrary to the applicable regulations, as well as content and data that are inaccurate, incomplete, offensive and/or misleading, or which are known or could be known to be inaccurate, incomplete, offensive and/or misleading, as well as in any other way that could jeopardize the IN system. Also, it is prohibited to use IN services in a manner and for purposes that offend or may violate other people’s rights, and their use in a manner and for purposes that are not in accordance with applicable regulations, which includes, among other things, the so-called “In” services. Sending advertising or promotional materials without the consent of the recipient, sending unsolicited electronic
messages, sending illegal or illegally obtained content that infringes or may infringe someone else’s intellectual property rights, as well as unauthorized access to someone else’s user account or the resources of other people’s computers, including attempting to access, giving the user name and/or other user identification marks to unauthorized third parties, and any other actions that prevent users from using Internet access services as well as any other
other use of the IN services and/or the IN network contrary to the applicable regulations.
(10) The User bears full responsibility for the legality, content, quality and truthfulness, as well as for ensuring the necessary protection measures against unauthorized use, of all information, applications, data, audio and video recordings as well as all other materials offered and made available by using IN services, in particular Internet access and/or e-mail services. The User is obliged to apply all reasonable available technical and other appropriate measures in order to protect their personal data. IN regularly reports through its website on the ways of protection, observed risks and measures necessary to protect the privacy and/or personal data of the User.
(11) The User undertakes to use any protected content (content protected by copyright and/or intellectual property rights) available through the IN Services, including Internet access services in accordance with applicable regulations, and not to publish or use it in any other way without the consent of the holder of the relevant
rights.
(12) IN provides access to the Internet for all its Users without restrictions or prioritization of access. When using the Services, running programs and/or applications, and distributing lawful content, it is possible that there may be limitations or inability to run applications that IN does not control or can disable.
(13) In the event of violations of the provisions of paragraphs 8 to 12 of this Article, IN shall, depending on the type of violation, warn the User and/or, with prior notice, temporarily deny him the possibility of using the services. In the event of repeated violation, IN has the right to terminate the contract with the User.
(14) IN is not obliged to make and keep backup copies of the User’s data stored on IN’s servers as part of the provision of IN Services, unless otherwise agreed. IN also does not check or control the content that users
are uploaded to its servers. IN cannot ensure the immediate removal of content that is contrary to these General Terms and Conditions.
(15) The User shall be liable on all grounds and shall be obliged to compensate for any damage that may arise to IN or a third party due to the violation of any of the User’s obligations, as stated in paragraphs 8 to 12 of this Article, in accordance with the applicable regulations of Interference in the network of Isola Networks
Article 15
(1) IN shall not be liable for any damage caused by the interruption of the system operation or the reduction in the quality of the IN Services resulting from the necessary maintenance of its system.
(2) In the event of a planned interruption of the operation of the IN network for a period longer than 2 hours, IN shall inform the User accordingly.
(3) If, due to a technical malfunction and/or a reduction in the quality of service within the scope of the operator’s responsibility, which was not removed by IN within twenty-four (24) hours from the moment of reporting the failure, the end user was not provided with access to or use of services, his fee for monthly or quarterly access to the communication system shall be reduced or the user shall be compensated in another way, in proportion to the number of days of the technical failure. IN is obliged to offer the aforementioned fee reduction or compensation to the user on the date of issuing the invoice and the user is obliged to notify IN of the selection within seven (7) days. IN is obliged to carry out the selection of the user in the next monthly billing period. This does not apply to cases of failure of the local installation, or failure of terminal equipment owned by the User (modem, router, computer and/or other equipment), and/or prolongation of works due to the elimination of interference caused by the intention or gross negligence of the User.
(4) IN shall eliminate the malfunction/interference on the terminal equipment leased to the User, i.e. which has been made available to the User for use within five (5) days from the date of reporting the defect/interference, and within a maximum of three (3) days from the notification, it shall inform the User about the time and manner of remedying the defect/interference. All other defects that are not related to the terminal equipment, and are within the area of responsibility of IN, will be eliminated by IN within fifteen (15) days from the date of registration, and within a maximum of three (3) days from the notification, the User will be informed about the time and manner of rectification of the defect. IN will enable the User to monitor the status of the defect report at any time, by phone and/or electronically. If the IN fails to rectify the malfunction/malfunction within the time limits specified in
In this paragraph, the User is entitled to the rights referred to in Article 16. paragraphs 14 and 15 of these General Terms and Conditions.
(5) IN shall not be liable for damages of any kind resulting from technical disturbances during the use of IN services or for any other reason, except for ordinary damages caused by intent or gross negligence of IN, unless otherwise stipulated by mandatory regulations.
(6) IN shall not be liable for damage caused by defective subscriber terminal equipment or local installation, or for damage for which it is responsible to the User, as well as for damage incurred by the User by accident or due to events considered “force majeure” (e.g. weather disasters, earthquakes, floods, strikes, war, etc.).
(7) When using Internet access services, the User undertakes to use network resources in a reasonable manner that will not cause degradation or difficulties in the operation of the system at any time.
(8) If the manner of using the IN Service by an individual User or a group of Users significantly affects the quality of the provision of IN Services, IN has the right to apply appropriate measures to protect network resources, before which the User will be informed about them.
Complaint resolution and claims for damages
Article 16
(1) The User shall have the right to file a complaint with IN regarding the provision of services, a complaint about the amount with which he is charged for the services provided, a complaint about the quality of the service provided, a complaint about the violation of the provisions of the subscription contract and a complaint about the violation of rights related to the protection of access to the open Internet. All complaints referred to in this paragraph shall be submitted by mail to the address of the branch:
Isola Networks d.o.o.
Šetalište Sv. Bernardina 6B
51500 Krk
or by e-mail to the e-mail address podrska@isolanet.hr from the verified e-mail address of the User or from any e-mail address with a copy of the signed complaint.
Objections are submitted:
a) within 30 days from the due date of the invoice in the event of a complaint about the amount by which the User is charged for the service provided,
b) within 30 days from the date of provision of the service in the event of a complaint about the quality of the service provided,
(c) In all other cases of St. 1 of this Article: within 15 days from the date of becoming aware of the act or omission of the IN, and no later than
within 30 days from the date of violation of the provisions of the Subscription Agreement.
(2) The Complaints Service shall conduct the procedure of determining the grounds of the complaint in the first instance. The Complaints Service will make a decision on the merits of the complaint and inform the User in writing (including electronic messages, taking into account special regulations governing electronic signatures) within a maximum of 15 days from the date of filing the complaint, or within a maximum of 30 days from the date of filing the complaint in cases of complaints regarding services with a special tariff. In addition to a detailed explanation of the reasons for rejecting or accepting the complaint, the written response must also contain an instruction on the User’s right to file a complaint (complaint) with the competent committee, within 30 days of
the day of receipt of the response to the complaint.
(3) The User shall have the right to file a written appeal to the Commission for Resolving the User’s Complaints against the first-instance decision on the grounds of the complaint within 30 days from the date of delivery of the decision. The Commission shall respond in writing to the User within 30 days of receipt of the complaint. A written reply, with a detailed explanation of the reasons for the refusal,
i.e. acceptance of the complaint, must also contain an instruction on the User’s right to submit a request for dispute resolution to HAKOM, within 30 days from the date of receipt of the decision of the IN Commission.
(4) In the event of filing a request for dispute resolution referred to in Paragraph 3 of this Article, IN shall be obliged to suspend all proceedings until the conclusion of the dispute before HAKOM. The statute of limitations of the disputed claim does not run during the resolution of the dispute before HAKOM. In the event of a decision or opinion on the groundlessness of the User’s complaint, IN may claim the disputed amount by sending a reminder in accordance with the applicable regulations.
(5) The User shall not be obliged to pay the disputed amount of the invoice if, during the period to which his complaint relates, there has been a technical malfunction or other malfunction, fraud or abuse for which, on the basis of a final decision of a court or other competent authority, it has been established that it caused an increased amount of the invoice. If the invoice has already been paid in full, the User shall be refunded the amount charged or the invoice for the first subsequent period shall be reduced by that amount.
(6) A user who has filed an objection to the amount by which he is charged for the service provided referred to in para. 1 of this Article, until the resolution of the complaint, pays an undisputed part of the amount of the invoice for the services provided or the average amount that it was charged in the period of three months preceding the month to which the complaint relates. In the event of non-payment of such an amount, IN shall be entitled to act in accordance with the provisions of Article 19 of these General Terms and Conditions. A user who disputes an IN account in any court or out-of-court proceedings, and duly continues to settle all subsequent undisputed invoices, will not be suspended by IN from providing the service until the end of the said court or out-of-court proceedings.
(7) The use of services provided by another operator of public communications services, including a provider of a special tariff service, shall be subject to the terms and conditions of that operator. Regardless of this, IN resolves the User’s complaints regarding services with a special tariff, after conducting appropriate administrative and technical checks of all components of the provision of these services.
(8) IN shall inform the User, through the invoice for the services rendered and in another appropriate manner, of the conditions for filing a complaint in accordance with these General Terms and Conditions, and in particular of the deadlines and manner of filing the complaint, the name and registered office, and
telephone and fax numbers of the competent IN service for resolving complaints.
(9) The User confirms that he/she has been informed and agrees that, for the purpose of improving the quality of the work of the IN Customer Service and resolving possible complaints of the User about the work of the IN Customer Service employees, as well as for security purposes (protection of IN employees and property and protection of the public/general safety), telephone calls of IN employees and
The User may be recorded and further processed with the taking of protective measures in accordance with the applicable regulations and internal acts of IN, of which the User is informed in the announcement message, when calling Customer Service. The recorded material is irreversibly destroyed immediately after the purpose of recording has been fulfilled.
(10) In the event of the User’s complaint to the invoice, IN is obliged, in addition to the data prescribed for printing the invoice, to display a detailed printout of the IP addresses from which access was made from the User’s account, as well as in the case of data traffic billing, a printout of the duration and time of access to the recorded traffic.
(11) If it is determined that IN has violated the provisions of the Subscription Agreement or unjustifiably suspended the provision of the service, the User who has filed a complaint referred to in paragraph 1 of this Article due to the violation of the provisions of the Subscription Agreement or an objection to the unjustified suspension of the provision of the service, shall have the right to terminate the Subscription Agreement free of charge and the right to a refund of all unjustifiably charged amounts of money.
(12) A user who has submitted a request for number porting to the IN network has the right to submit a special request in writing for the payment of compensation for untimely change of operator. The user is entitled to the payment of compensation for unjustified delay or delay in number portability, unwanted number porting, and inability to use or realize the service. The fee for untimely change of operator is EUR 30.00 per day for each number porting started, and for a maximum of 15 days. The User is entitled to a fee for a maximum of 10 numbers per Request for Change of Operator. The data that are relevant for recording untimely number porting are stored in HAKOM’s systems, and are based on data on the possibility of using the service on the ported number. The user accepts the possibility that the date of number porting that was entered in the number porting request may be postponed subsequently, of which the user will be informed in a timely manner. The request shall be submitted within 30 days of the number porting or of the porting time frame when the porting has not been realized. In the application, it is necessary to state the number or numbers for which the fee is requested and the number of the current account to which the payment of the fee can be made, or other appropriate information for users of the legal entity. After verifying all relevant facts, if the conditions for the payment of the compensation are met, IN will notify the User within 7 working days from the date of receipt of the request about the approved amount and method of payment of the compensation, and will make the payment of the compensation within 30 days of submitting the request. If the verification determines that IN is not responsible for the payment of the fee, that there was no untimely number porting, that the number porting was not canceled due to a delay, that the user has already exercised the right to compensation for the delay in establishing a service in the fixed network or that the request was not submitted within the prescribed deadline, the request will be rejected, of which the user will be notified within 7 working days of receipt of the request. If IN determines that there has been an untimely porting of a number or a delay in number porting, and IN is not responsible for this, IN will forward the user’s request to another operator who is obliged to take over the further management of the procedure, of which it will notify the user. In the event that another operator has forwarded to IN a request for payment of compensation containing all the necessary information, IN will check the conditions for payment of compensation and within 7 working days from receipt of the request from the other operator respond to the user whether the request has been rejected or whether the payment of compensation has been approved and in what manner. If the payment of compensation is approved, it will be made no later than 30 days from the date of submission of the request to the other operator. In the event that the request for payment of compensation is rejected, the User may file a report with the HAKOM inspector.
(13) A user in the IN network who has submitted a request for services has the right to submit a special request in writing or electronically (as a rule from a verified e-mail address or from any e-mail address with a copy of the signed request) for the payment of compensation for the delay in establishing a service in the fixed network, which includes subsequent requests for the provision of a particular IN service or for the amendment of the subscriber contract or the relocation of the subscriber line, or for the interruption of the service for a longer period of time from one day resulting from a change of operator. The User is entitled to the payment of compensation if he canceled the Request due to exceeding the deadline for establishing the service, as well as in the event of a delay in the realization of the relocation of the subscriber line. The fee is EUR 30.00 per day for each day of delay. The amount of the fee is calculated for a maximum of 15 days delay in the implementation of the service. The request for payment of compensation is submitted within 30 days from the date of realization of the service or submission of the request for termination according to Article 21. of these General Terms and Conditions. In the application, it is necessary to state the number or numbers or services for which the fee is requested, the date of submission of the Application or the Single Statement, and the number of the current account to which the payment of the fee can be made, or other appropriate information for users of the legal entity.
After verifying all relevant facts, if the conditions for payment are met
compensation, IN will notify the User within 7 working days from the date of receipt of the request about the approved amount and method of payment of the compensation, and will make the payment of the compensation within 30 days from the submission of the request. If the verification determines that there was no delay in the establishment of the service, that the realization was not canceled due to the delay, that the User gave written consent to the extension of the deadline for the establishment of the service, that the deadline for the realization of the service did not expire due to the circumstances specified in Article 4, that the User has already exercised the right to compensation for untimely number portability, if the User was informed of the impossibility of realizing the service within the prescribed deadline or that the request was not submitted within the prescribed deadline, the request will be rejected, of which the User will be notified within 7 working days of receipt of the request. If the User simultaneously requests and exercises the right to compensation for untimely number porting and compensation for delay in establishing the service, IN will not award compensation for delay in establishing the service.
(14) In the event that the IN fails to eliminate the defect/disturbance within the deadlines referred to in Art. 15. paragraph 4, the User has the right to terminate the contract without paying a fee for early termination of the contract, unless the delay in eliminating the defect is caused by the User’s fault or force majeure or the conduct of a third party that prevented access to the infrastructure and/or network for the purpose of eliminating the defect, and IN has previously taken all necessary steps in a timely manner
actions for the purpose of accessing the infrastructure and/or network.
(15) If the User does not submit a request for termination of the contract referred to in paragraph 14. of this Article, due to the delay in the elimination of the defect/interference, the User has the right to submit a complaint in writing or electronically (as a rule from a verified e-mail address or from any e-mail address with a copy of the signed request) and a request for payment of compensation for the delay in remedying the defect/disturbance. The fee is EUR 30.00 for each day of delay after the expiry of the deadline for rectifying the defect, and for a maximum of fifteen days of delay. Request for payment of compensation
It shall be submitted within 30 days of the expiry of the deadline for the elimination of the defect/interference. In the request, it is necessary to state the number or numbers or services for which compensation is requested, the date of reporting the defect, and the number of the current account to which the payment of compensation can be made, or other
appropriate data for users of legal entities. The User shall not be entitled to payment of compensation if the delay in remedying the defect is caused by the User’s fault or force majeure or the conduct of a third party that prevented access to the infrastructure and/or network for the purpose of remedying the defect, and IN has previously taken all necessary actions in a timely manner for the purpose of accessing the infrastructure and/or network. In order to eliminate doubts, the User who has requested the payment of compensation due to the delay in eliminating the defect/interference is not entitled to request the termination of the contract without paying a fee for early termination of the contract on the same basis. Transfer of the Subscription Relationship
Article 17
(1) The User may transfer the rights and obligations arising from his/her Subscription Relationship with IN to a third natural or legal person, free of charge, if that person, as a new User, continues to use electronic communication services through the same network connection point and subscriber number. In other cases of transfer, the written consent of IN and the third party is required. IN may refuse the transfer of the Subscription Relationship if there are any
unpaid overdue and undisputed debts.
(2) In the event of the transfer of the Subscription Relationship, the rights and obligations from the existing Subscription Agreement for which there is consent of all three parties shall be transferred, which shall be regulated in the Request for the Transfer of the Subscription Relationship.
(3) The subscription relationship shall be transferred to the new User at the moment when IN accepts the New User’s Request, and no later than three (3) working days from the receipt of the complete Request. The new User is responsible for paying the services used and fees from the moment IN activates the service.
(4) In the event of the death of the User, IN shall, at the request of his/her heirs or members of the family household, change the name in the title of the User and transfer the Subscription Relationship, otherwise the subscription contract shall be terminated upon the death of the User. The heir(s) are obliged to notify IN of the death of the User The costs incurred after the death of the User until the moment of notification of the User’s death shall be borne by the heir(s) or the person who continues to use the IN Service.
(5) In the case of renting residential or business premises, the User who is the Lessor may temporarily transfer certain of their rights and obligations from the Subscription Agreement to the Lessee in accordance with their mutual agreement,
A copy to be delivered in . On the basis of this agreement, the lessee can become a Temporary User. Upon the termination of the validity of the contract between the Lessor and the Lessee, the rights and obligations from the Subscription Agreement will be automatically transferred back to the Lessor. The User is obliged to notify IN of the date of expiry of the contract between the Lessor and the Lessee within 15 days after the expiry of that contract.
(6) The right to terminate the Subscription relationship, as well as the rights and obligations exclusively related to the User, shall not be transferred to the Temporary User. For the purpose of removing doubts, the User remains responsible for the obligations incurred up to the moment of transfer, and the Temporary User becomes responsible for the obligations arising from the moment of transfer. Relocation of Subscriber Terminal Equipment
Article 18
(1) The User may request the relocation of his/her Subscriber Terminal Equipment to another connection location (relocation) in writing. IN shall reject the request for relocation of the Subscriber Terminal Equipment submitted by the Temporary User.
(2) On the basis of the User’s request, IN shall relocate the same no later than 30 days from the date of signing the request, if all technical and formal conditions for relocation are met. This includes, but is not limited to:
– availability and sufficient quality of telephone pairs at the new location
– the presence of IN infrastructure in the desired area, etc.
(3) In the event of a delay in moving the service to another location, the User is entitled to compensation for the delay in the manner described in Article 16 of these General Terms and Conditions.
(4) In the absence of technical conditions for the provision of the service at another location, the User shall be exempt from the fee upon termination of the Subscription Agreement before the expiry of the mandatory duration of the contract, only upon submission of appropriate documentation showing the change in the User’s location.
(5) For the relocation of the Subscriber Terminal Equipment, IN shall be entitled to charge the User a fee determined by the valid IN Price List.
Temporary shutdown
Article 19
(1) IN may temporarily restrict the use of services and/or temporarily disconnect the Subscriber Terminal Equipment from the IN network:
– if, during the validity of the Subscription Agreement, IN determines the existence of reasons for rejecting the Request for the establishment of a Subscription Relationship pursuant to Article 6 of these General Terms and Conditions;
– if he/she fails to pay the due amount of the invoice within 30 days from the date of delivery of the Reminder pursuant to Article 11 of these General Terms and Conditions, provided that the User has not filed a complaint in accordance with Article 16 of these General Terms and Conditions;
– if IN determines the existence of reasons for the temporary disconnection of the Subscriber Terminal Equipment, i.e. restriction of the use of services on the basis of these General Terms and Conditions, a decision of the competent court and/or authority or applicable regulation;
– In case of violation of the provisions of Article 13, paragraphs 8 to 12 of the Act. General Terms and Conditions.
(2) During the temporary disconnection of the subscriber’s terminal equipment, and before the termination of the subscriber relationship, the User shall be provided with incoming calls and outgoing calls to emergency services and the toll-free number of the Customer Service. This does not apply in the case of a temporary disconnection due to the misuse of the call to the number
112, in which case the temporary exclusion procedure prescribed by special regulations applies.
(3) Upon the cessation of the reasons for temporary restriction/exclusion, IN shall enable the use of the services again. The re-inclusion of the temporarily excluded User due to the unpaid due undisputed debt will take place after the submission of evidence of the cessation of the reason for the temporary exclusion, on the same working day as the proof
delivered. In any case, the reactivation of such temporarily excluded User shall take place within two working days from the date of payment of the due undisputed debt. In the case of temporary restriction/exclusion for the reasons specified in Article 13, para. 8. to 12. of the General Terms and Conditions, re-inclusion will take place after verification of the cessation of the reasons for temporary restriction/exclusion by the competent IN service. The reactivation of a temporarily excluded User is charged according to the IN price list.
(4) At the request of the User, IN shall temporarily disconnect the User’s telecommunication connection line from the IN network for a period of up to three months in one calendar year. During the temporary disconnection, no monthly access fee is charged and the period of the mandatory duration of the contract does not run. Regardless of the above, IN may also determine a longer period of temporary disconnection, which will be specified in the Price List of IN Internet Services. Temporary exclusion on request occurs within five (5) working days from the date of receipt of the request by the User.
(5) The User may request a temporary disconnection at the earliest after the expiry of six months from the reactivation of the service that was previously temporarily disconnected at the request of the User. The reactivation of a temporarily disconnected User is charged according to the price list IN.
(6) In the event of temporary exclusion or restriction of the use of services referred to in paragraph 1 of this Article, the User shall not be entitled to compensation for any damage, unless the damage occurred as a result of intention or gross negligence on the part of IN.
(7) In the event of a temporary disconnection of a subscriber line that, in accordance with Article 16, paragraph 4 of these General Terms and Conditions, has been temporarily transferred to the lessee, a notice of temporary disconnection shall also be sent to the owner of the residential or business premises, to the address indicated by the tenant in the request for temporary transfer. In the event that the conditions for permanent disconnection of the temporary User are met, IN will not permanently disconnect the User, but will return the subscriber line back to the Lessor, and notify the Lessor.
Duration of the Subscription Agreement and number portability
Article 20
(1) A subscription contract shall in principle be concluded for an indefinite period of time.
(2) A subscription contract may be concluded with a certain period of mandatory contract duration, which is specified in the Application for the establishment of a Subscription relationship, and may not exceed 2 years.
(3) The User may cancel the Subscription Agreement by means of a written notice to IN. The subscription contract will be cancelled within five (5) working days from the day on which the request for termination is received. The user can also predetermine the day
termination of the Subscription Agreement, provided that the Subscriber is requested in writing or upon request when concluding the Subscription Agreement, at least twelve working days before the desired date of termination of the Subscription Agreement.
(4) The legal consequences of the termination of the contract pursuant to Paragraph 3 of this Article shall occur upon the expiry of the period of five (5) working days.
(5) If the Subscription Agreement is concluded for a certain period of the mandatory duration of the contract in accordance with paragraph 2 of this Article, and the User unilaterally terminates the contract during the period of the mandatory duration of the contract, or if the Subscription Agreement is terminated before the expiry of the period of the mandatory duration of the contract due to the User’s fault, the User shall be obliged to pay monthly fees for the remainder of the period of the mandatory duration of the contract, or a fee in the amount of a discount on products and services obtained if the payment is and fees more favourable for the User in accordance with the IN Price List, which will be determined in more detail by the special conditions of each tariff model and/or package or in the IN Price List of services.
(6) In the event that the User, after the accepted request for the conclusion of the subscription contract by IN, and before the installation/activation of the contracted service, cancels the Subscription Contract, the User is obliged to reimburse IN all costs incurred in connection with the installation or removal of telecommunications terminal equipment, but not more than the amount of the installation or activation fee in accordance with the valid Price List
IN.
(7) If the User cancels the Subscription Agreement in order to establish a subscription relationship with another operator, it is necessary for the User to fill in the documentation with the other operator and thus initiate the transition procedure. IN will enable the User to switch to a new operator in the manner and within the deadlines prescribed by the applicable regulations.
(8) The User remains obliged to pay for the IN Services used for the period up to the moment of number portability to the number recipient’s network, which does not affect the number porting procedure, unless it is an undisputed contractual obligation.
(9) Upon termination of the Subscription Relationship, IN is obliged to inform the User in writing when he/she must request the exclusion of all obtained identification marks (user accounts), i.e. that he/she may, if he/she wishes and if there is a technical possibility, keep his/her user accounts for which he/she is willing to bear future costs.
(10) The User is aware that IN may assign a telephone number to a new User after the expiry of 6 months from the termination of its Subscription Agreement, if the User has not transferred it to a new operator. Also, after the expiration of a period of 6 months from the termination of the Subscription Agreement, an e-mail address may be assigned to a new User.
(11) The User is aware of and accepts that the network resources allocated through IN, for the purpose of providing a telecommunications service, upon termination of the Subscription Agreement, depending on the type of resources, shall be returned to the regulatory authorities that allocated them, and within the time limit and in the manner defined by the rules of these bodies.
Termination of the Subscription Agreement
Article 21
(1) A subscription contract may be terminated for the following reasons:
– if IN subsequently determines the existence of any other reason for rejecting the Request for the establishment of a Subscriber Relationship referred to in Article 5 of these General Terms and Conditions and, as a result, temporarily disconnects the Subscriber Terminal Equipment from the IN network, and these reasons are not eliminated within 30 days from the date of temporary disconnection;
– if the User fails to settle the due and undisputed debt within 30 days from the date of temporary disconnection of the Subscriber Terminal Equipment from the IN network pursuant to Article 11, paragraph 5 of these General Terms and Conditions;
– if IN determines that the electronic communication equipment is connected to the IN network without authorization or that the IN network has been misused in any other way by the User and/or a third party; if IN determines in the case of IN Services that are charged exclusively according to the consumption of network resources that the User does not use the IN Service for a period longer than 6 months with prior notice to the User;
– if, for the reasons set out in Article 14, paragraph 3 of these General Terms and Conditions, the Subscriber Terminal Equipment is temporarily disconnected from the IN network, and the User fails to pay the IN due, and the undisputed debt within a further 30 days, nor, at IN’s request, fails to provide adequate payment security;
– if, for the reasons set out in Article 14, paragraphs 8 to 12 of these General Terms and Conditions, the use of Internet access services is temporarily restricted, and these reasons are not remedied within 30 days after the temporary restriction of the use of services;
– if IN subsequently determines that the User’s address for the delivery of invoices and notifications to IN in the territory of the Republic of Croatia is unknown;
– if IN, i.e. the competent authority, determines that the User is making malicious or harassing calls to other users of electronic communication services in the Republic of Croatia or to IN employees who perform sales or customer support activities in IN or is otherwise harassing them, or that the User is interfering with and/or preventing the use of IN services by other Users;
– if the User performs activities that are not in accordance with the provisions of these General Terms and Conditions and other applicable regulations in the Republic of Croatia.
(2) The subscription contract may also cease to be valid in other cases determined by the applicable regulations.
(3) In the event that IN is unable to fulfill the contractual obligation and/or deliver the service in accordance with the General Terms and Conditions, the User has the right to terminate the subscription contract without settling the contractual obligations referred to in Article 20, paragraph 5 of the Act. General Terms and Conditions, except for the due and undisputed debt for the services provided. In the described case, IN also has the right to terminate the contract if it is irrefutably determined that it is not and/or will not be able to deliver the service in accordance with the general terms and conditions.
(4) In the event of termination of the Subscription Agreement by the User, the User may terminate the Subscription Relationship by sending a notice of termination of the Subscription Agreement by mail, electronically, by telephone or by signing a request for termination of the Subscription Agreement at the IN branch. As a rule, the end user who submits a request for termination should sign it by hand. In the case of a request for termination of the contract referred to in Article 4 of these General Terms and Conditions submitted electronically or a request submitted from a verified e-mail address, it does not have to be signed or proof of identity must be provided. If the request for termination is submitted over the phone, the User must, during the telephone conversation,
provide their identification data, which includes the name and surname of the User or the company or the name of the authorized person in the legal entity, address, OIB, personal identification document number and data on the connection and services for which the application is submitted.
(5) For the purpose of protection against misuse of end-users’ data by a third party, IN shall have the right not to accept the request for termination of the Subscription Relationship submitted by an unauthorized person
Settlement of disputes
Article 22
.
(1) IN and the User agree to settle all disputes arising out of and in connection with the Subscription Agreement amicably
via. In the event of failure, the court in the Republic of Croatia determined by the place of
residence or registered office of the User, unless otherwise specified by the applicable regulation.
Final provisions
Article 23
(1) These General Terms and Conditions shall enter into force on the day of publication and shall begin to apply to all Users who have established a Subscription Relationship with IN after that date. For existing Users who have established a Subscription Relationship with IN by the date of publication of these General Terms and Conditions, these General Terms and Conditions begin to apply 30 days after their publication.
(2) These General Terms and Conditions are available at all authorized points of sale of IN as well as through the official website of IN. These General Terms and Conditions will be delivered to the User when establishing the Subscription Relationship or they will be directed to the IN website where they are located. In addition to the General Terms and Conditions, an excerpt from the Price List and specifications of the IN Service shall be made available to the User in the same way.
(3) All amendments to these General Terms and Conditions shall be published by IN on its official website in accordance with the applicable regulations.
(4) IN reserves the right to amend these General Terms and Conditions, in accordance with the applicable regulations. IN will inform the User in writing or electronically about the proposed changes and his right to terminate the contract, including, but not limited to, informing the User through the account about changes to the General Terms and/or prices, indicating that a detailed overview of the changes is available to the User on the IN website and/or via toll-free phone and/or at the request of the User. Changes to the General Terms and Conditions, i.e. prices, will begin to apply 30 days after the publication of the changes.
(5) In the event of changes to the General Terms and/or prices that are less favourable to the User than agreed, the User has the right to terminate the Subscription relationship in writing free of charge, i.e. has the right to a refund of the unused amount of money within 30 days from the date of publication of these changes. Otherwise, he will be deemed to agree with the amendments. The user does not have such a right to terminate in the event that price changes are a consequence of: regulatory obligations arising from the Electronic Communications Act
communications, changes in value added tax, or changes in wholesale prices on which IN had no influence. In the event of changes that are exclusively for the benefit of the User, they will be applied to existing Users on the day of publication of the new General Terms and/or Prices in accordance with paragraph 4. of this article.
In Krk,
Publish date: December 01, 2024