General Terms and Conditions

Tehnoline Telekom d.o.o. - date of publication: 25 February 2020

Article 1 - Subject of the General Terms and Conditions

The General Terms and Conditions govern the relationship between Tehnoline Telekom d.o.o. (Bože Gumpca 49, 52100 Pula) as a provider of public electronic communications services and the Subscriber. Together with the Price List, the Terms of Use for individual services and the Application for Establishing a Subscriber Relationship, they form an integral part of the Service Agreement.

Services include: access to electronic communications infrastructure, publicly available telephone services, image and sound transmission services, Internet access services, premium rate services, Voice over Internet Protocol services and additional services in the fixed network.

The General Terms and Conditions are available at www.tehnoline-telekom.hr. Any matters not regulated herein shall be governed by the applicable legislation of the Republic of Croatia.

Article 2 - Establishing a Subscriber Relationship

Subscribers may be natural or legal persons. By signing the Application for Establishing a Subscriber Relationship, the applicant accepts these General Terms and Conditions, which are provided together with the Price List and the Terms of Use for the selected service.

Activation process:

The Application is submitted on a standard form whereby the Subscriber confirms receipt of the General Terms and Conditions
TT shall notify the applicant of acceptance or rejection within a reasonable timeframe
Terminal equipment shall be connected within a maximum of 30 days from acceptance of the Application
The Application is deemed accepted when TT signs the documentation
Service activation is deemed to have occurred upon successful connection of terminal equipment at the connection location specified in the Application

The Subscriber Agreement is concluded for an indefinite period. The Subscriber may specify the date of conclusion or termination in advance.

Distance contracts: TT shall deliver written confirmation to the home address or e-mail. The Subscriber has the right to terminate within 14 days of receiving the confirmation.

Contracts concluded away from business premises: TT shall deliver confirmation; the Subscriber has the right to terminate within 14 days of signing.

Minimum commitment period: A minimum commitment period of up to two years may be agreed, after which TT shall continue to provide services.

Seasonal use: The Subscriber must actively use the Internet connection for a minimum of 6 months per year. If the service is not reactivated after 6 months of suspension, it shall be automatically reactivated unless the Subscriber notifies TT of permanent termination.

Article 3 - Rejection of Applications for Establishing a Subscriber Relationship

TT may reject an Application in the following cases:

Technical conditions for connection to the TT network cannot be fulfilled
The Application has been improperly completed
Proof of identity and required documents are missing
The applicant is a minor or lacks legal capacity without valid authorisation from a legal guardian
Reasonable suspicion of inaccurate identity or creditworthiness information
Bankruptcy proceedings have been initiated, over-indebtedness exists, or there is a reasonable assessment that the Subscriber will be unable to settle debts
Reasonable suspicion of service abuse or facilitation of abuse by third parties
Other cases stipulated in the service specification in the Price List

If TT subsequently identifies such grounds, it may terminate the Subscriber Agreement and notify the Subscriber.

Article 4 - Applicant/Subscriber Data

The Subscriber is obliged to present identification documents and additional information. TT verifies personal data, identity, status and creditworthiness with the competent authorities.

The Subscriber provides personal data for the purpose of fulfilling contractual obligations in accordance with the Privacy Policy (GDPR), published at tehnoline-telekom.hr.

Notification of changes: The Subscriber must notify TT in writing of any changes to their data without delay, no later than within 15 days.

Public subscriber directory: Data shall be published in the publicly available telephone directory unless the Subscriber has prohibited this in writing. Natural persons may request, free of charge, that their data not be included in the public directory. Legal persons may not restrict the minimum data necessary for basic identification.

Article 5 - Procedures for Service Activation and Package Changes

Deadlines:

TT accepts the Application within a maximum of 8 days
Deadline for confirmation of feasibility and number porting date: 25 days
Deadline for service establishment: 30 days from signing the Application or from the date of concluding a distance contract

The Subscriber Agreement is concluded for an indefinite period.

Minimum commitment period: A minimum commitment period of up to 2 years may be agreed; after expiry, TT shall continue to provide services.

Seasonal use: The Subscriber must actively use the Internet connection for a minimum of 6 months per year. After 6 months of suspension, the service shall be automatically reactivated unless the Subscriber notifies TT of permanent termination or cessation of use.

Article 6 - Username and Password

Upon establishing a subscriber relationship, the Subscriber receives a username and password for authorised access to the service. The Subscriber is obliged to protect them from unauthorised use by third parties.

TT may deny access if it detects unauthorised or unlawful use. The Subscriber is liable for all costs arising from unauthorised use until the moment of written notification to TT.

Article 7 - Use of Services

TT enables free and uninterrupted use of services at a quality level in accordance with all applicable technical standards and regulations of the Republic of Croatia.

Prohibited activities (strictly prohibited and unacceptable):

Publishing or transmitting information that violates Croatian and/or international regulations
Publishing information known or presumed to be false and capable of causing harm
Publishing, sending or transmitting advertising or promotional materials without consent (spam e-mail)
Publishing, transmitting or sending protected content
Publishing confidential data of another person
Publishing offensive, threatening, vulgar, racist or chauvinistic content
Publishing content offering services or products as chain letters
False impersonation of another person
Unauthorised use of another person's user account or e-mail address
Using TT services in a manner that could jeopardise the system and operation of TT services
Harassment via electronic mail in any form
Sending large volumes of unsolicited electronic messages (mail bombing)
Forging message headers
Unauthorised attempts to access another person's account or resources
Unauthorised sharing of usernames with other persons
Using TT services for unlawful purposes
Taking actions contrary to the principles of Internet conduct (Netiquette)
Publishing unlawful content on web space leased by users
Sending electronic mail via TT mail servers to which the user is not connected (mail relaying)
Actions that prevent other users from normal use of TT services (denial-of-service)

The Subscriber bears full responsibility for the legality, content, quality and accuracy of information, applications, data, audio and video recordings, and all other materials offered and made available through TT Services.

The Subscriber undertakes to use protected content in accordance with applicable regulations and shall not publish it without the consent of the owner. The Subscriber shall be liable and obliged to compensate any damage that may arise to TT or a third party as a result of a breach of the obligations under this Article.

Article 8 - Subscriber Protection Against Abuse

TT is obliged to ensure appropriate protection against abuse and fraud in the public communications network and to inform Subscribers of the means of protection in writing before commencing the provision of services.

TT regularly takes appropriate measures to protect network security. Subscribers have continuous access to the monthly balance of their subscriber account with a specification of all services used.

Content access restriction: Where technically feasible, TT offers the option of restricting access to content not intended for children.

Behaviour monitoring: TT is obliged to monitor the customary behaviour of the Subscriber in using services and to alert them to any unusual and sudden increase in the cost of using a particular service, which may indicate abuse or unauthorised use.

The Subscriber undertakes to use the services exclusively for their own needs and may not assign the service or any part thereof for temporary or permanent use by third parties without prior written approval from TT.

Article 9 - Pricing and Billing of Services

Service prices are determined by the applicable Price List. TT is authorised to amend the Price List and make it available in accordance with applicable regulations.

TT charges from the moment of activation of the contracted services, usually on a monthly basis unless otherwise agreed. The monthly fee for the first month is charged pro rata for the number of days remaining until the end of the month in which activation occurred.

The Subscriber undertakes to pay for TT services by the due date specified on the invoice. In the event of late payment, TT is authorised to charge statutory default interest and reminder dispatch costs in accordance with the applicable Price List.

If the Subscriber fails to pay the invoice by the due date and has not filed a complaint pursuant to Article 14, TT shall deliver a written reminder. Temporary disconnection shall, in accordance with technical capabilities, be limited solely to those electronic communications services for which the debt has not been settled.

After 30 days from temporary disconnection, if the Subscriber does not settle the debt, TT may permanently disconnect the equipment and terminate the Subscriber Relationship.

During temporary disconnection, the Subscriber retains the right to receive incoming calls and to make outgoing calls to emergency services and the toll-free customer service number of their operator.

Article 10 - Obligations of TT

TT undertakes to provide a professional and high-quality service, which includes:

Expanding system capacity in line with growth in the number of Subscribers
Monitoring systems and promptly resolving any issues
Free telephone and e-mail assistance for any problems in the functioning of services

Assistance covers support for standard Internet services and applications. Assistance does not cover issues relating to infrastructure that TT does not provide or directly control.

Article 11 - Exclusion of Liability

TT does not verify or control content placed on servers by Subscribers. TT cannot ensure the immediate removal of content that is contrary to the General Terms and Conditions. The content and scope of information available through TT services are not the subject of these General Terms and Conditions, and TT bears no liability whatsoever for their content and quality.

TT is not liable for the operation of infrastructure it does not provide or directly control.

The Subscriber acknowledges that services based on IP technology may experience quality deviations (latency). TT cannot guarantee the accuracy of location data from which a call was made, including calls to emergency services.

In the event of a planned service interruption exceeding 2 hours, TT shall notify Subscribers in advance via its website.

If access to or use of public communications services is prevented for more than 10 hours due to a technical fault within TT's area of responsibility, the monthly fee shall be reduced proportionally to the duration of the fault, or the Subscriber shall be otherwise compensated.

The Subscriber is obliged to provide access to the premises for equipment installation and to obtain all necessary consents from the property owner. TT disclaims any liability for any damage to the premises that may occur during the installation of terminal equipment.

Article 12 - Temporary Service Restriction

TT may temporarily disconnect the subscriber's terminal equipment from the electronic communications network if:

TT identifies grounds for rejection of the service application (as set out in Article 3)
The Subscriber has not settled the debt for services provided (after 30 days from delivery of a written reminder and if no complaint has been filed)
TT identifies other grounds for restricting use due to a breach of the General Terms and Conditions or applicable regulations

Upon removal of all grounds for temporary disconnection, TT may reconnect the equipment.

Article 13 - Duration of the Subscriber Agreement

The Subscriber Agreement is concluded for an indefinite period. The minimum commitment period may not exceed the maximum duration prescribed by law (up to 2 years).

The Subscriber has the right to terminate the Subscriber Agreement at any time.

If the Subscriber terminates the agreement before the expiry of the minimum commitment period, they must pay the monthly fee for the remaining period or compensation in the amount of the discount received on products/services, whichever is more favourable.

The Subscriber is not obliged to pay compensation if they terminate the agreement because TT is unable to fulfil its contractual obligation or if the amendments are less favourable.

TT may terminate the agreement without notice if the Subscriber fails to pay the amount due within 30 days of temporary disconnection or in the event of serious breaches of obligations.

Article 14 - Filing Complaints

The Subscriber may file a written complaint regarding:

Provision of services
Amount charged
Quality of the service provided
Breach of provisions of the Subscriber Agreement

Filing deadlines:

Complaint regarding the amount charged: within 30 days from the invoice due date
Complaint regarding quality: within 30 days from the date of service provision
Complaint regarding service provision or breach of provisions: within 15 days from becoming aware, or no later than 30 days from the breach

Pending resolution of the complaint, the Subscriber who has filed the complaint shall pay the undisputed portion of the invoice for services provided, or the average amount charged in the period of up to three months preceding the period to which the complaint relates.

TT shall deliver a written response regarding the merits of the complaint within 15 days of receipt.

In response to TT's reply, the Subscriber may file a grievance with the Consumer Complaints Committee within 30 days of delivery of the response. The Committee shall deliver a written response within 30 days, instructing that the Subscriber may thereafter refer the matter to the Croatian Regulatory Authority for Network Industries (HAKOM) within 30 days.

Article 15 - Equipment

TT makes equipment available for use; it remains permanently in the exclusive ownership of TT. The Subscriber undertakes to handle it with care. The Subscriber may not open or tamper with the equipment.

The Subscriber is liable for damage arising from improper, unauthorised use or misuse of network terminal equipment, as well as for damage resulting from faulty installations or faulty terminal equipment owned by the Subscriber without certification.

The Subscriber is obliged to immediately report to TT any defect, damage, loss or theft. Relocation of equipment to another site without TT's approval is strictly prohibited.

In the event of agreement termination, the Subscriber is obliged to facilitate the return of equipment in proper and functional condition within 15 days of issuance of the invoice with the equipment charge. If the equipment is returned within the deadline, all equipment charges shall be reversed.

Article 16 - Compensation and Redress in the Event of a Fault

If, due to a technical fault within TT's area of responsibility, the end user is prevented from accessing or using services, the monthly fee shall be reduced, or the user shall be otherwise compensated in proportion to the number of days of the fault. The operator is obliged to reduce the invoice for each billing period in which the end user did not have service.

TT must determine the complexity of the fault within 3 days of reporting and notify the user of the expected resolution time. If the fault is with TT-assigned equipment, it must be resolved within 5 days. For other faults within its responsibility, within 15 days.

If TT does not resolve the fault within the specified deadlines, the user has the right to terminate the agreement without charge, provided that TT has taken all necessary steps. The user is entitled to compensation of EUR 30 per day for each commenced day of delay (maximum 15 days).

If TT does not resolve the fault within 45 days of reporting, the user has the right to terminate the agreement without charge, regardless of the right to compensation.

TT is obliged to maintain an annual record of all faults (date of report, description, status, date of resolution) accessible to the Agency.

Article 17 - Compensation for Users Due to Untimely Operator Change

In the event of an untimely operator change, the user is entitled to compensation. The claim shall be submitted to the new operator in writing or electronically no later than 30 days from the completion of the change or the submission of the termination request.

Amount of compensation: EUR 30 per day for each commenced day of delay, premature completion or unwanted change (maximum 15 days). The user is entitled to compensation for a maximum of 10 numbers.

Compensation shall not be paid if the delay is caused by the unavailability of the user, their failure to respond to calls, or technical impossibility of the Central Administrative Database of Ported Numbers (CABP).

Article 18 - Acceptance of the General Terms and Conditions

By signing the Application for the use of TT services, the Subscriber confirms that they are familiar with the General Terms and Conditions, accepts them in their entirety together with the Price List and the Terms of Use for the selected service, and undertakes to comply with these rules and obligations when using TT services.

Article 19 - Final Provisions

The General Terms and Conditions shall be published in at least one daily newspaper distributed throughout the territory of the Republic. They shall enter into force on the date of publication.

TT may apply amendments to existing Subscribers no earlier than 30 days after publication. Amendments exclusively in favour of the Subscriber shall be applied without delay.

If the amendment is not more favourable than the existing Agreement, the Subscriber has the right to terminate the agreement without charge within 30 days of publication, unless the amendment is a consequence of regulatory obligations under the law or a consequence of changes to wholesale conditions over which the operator has no influence.

These General Terms and Conditions shall apply from 25 February 2020.

Contact information

Tehnoline telekom d.o.o.
OIB: 62579761244
IBAN: HR8323600001102728050
Bože Gumpca 49, 52100 Pula
Phone: +385 (0)52 350 000
Helpdesk: 0800 2556
E-mail: internet@tehnoline.hr