General Terms and Conditions for Use of Dasto semtel Internet services

Clause 1 - General Terms and Conditions

1.        These terms and conditions establish terms of service Internet access by Dasto semtela through its network ZONE and regulate relations between provider and customer service.

2.        These terms and conditions on the adequate way apply to the Dasto semtel users who are not beneficiaries in terms of these General Conditions.

3.        The current regulations of the Republic of Srpska, the Federation of Bosnia and Herzegovina, Brcko District, Bosnia and Herzegovina and the Regulation of the Communications Regulatory Agency (CRA) apply to the relations between provider and users which are not moderated with these terms and conditions.

Clause 2 - Terms for inclusion in the ZONE network and foundation of owners relationship

1.        When user accepts the document of registration of certain Internet service, Dasto semtel will include customer in the ZONA network and allow the use of Internet services and no later than 30 days after acceptance of registration documents.

2.        Customer relationship between Dasto semtel and user is considered to be based at the time when Dasto semtel accept the registration and use of Internet services document and the same document about registration and application is considered as contract between the user and Dasto semtel.

3.        Rights and obligations of the contract starts from the moment when Dasto semtel include users in the ZONA network.

Clause 3 - Refusal of requests for use of ZONA network for Internet web services

Dasto semtel has the right to refuse the application for Use ZONA network for Internet services, for the following reasons:

• if there is founded suspicion that the information about the identity or legal ability of users, their payment abilities and disabilities in the authority or the right for representation, are incorrect or untrue;
• if there are a bankruptcy or similar proceedings running against user, if the user becomes unable to pay, or overdue, or if, according to the reasonable assessment of Dasto semtel, the user has some other difficulties in regard to its operations or the fulfillment of obligations towards the creditor;
• if there is founded suspicion that the user has the intent to abuse or misuse services provided by Dasto semtel, if user allows to any third person to abuse of those services or if the user conceals or not report abuse of these services by the third person;
• if the user does not provide access to necessary information for generating the user agreement according to these terms and conditions;
• if the user, at the request of Dasto semtel, does not provide the appropriate insurance for payment service in accordance with the terms of these General Conditions;
• in other cases established by these Terms and conditions.

Clause 4 - User Information

1.        When user fills Request form for use of Dasto semtel internet services, Dasto semtel will check and determine information about the user in its database, and Dasto semtel has the right to ask user for identification documents, as well as for additional information and documents that Dasto semtel could considere as necessary for generating the contract.

2.        Dasto semtel will keep secret personal and identifiable information of their users and use them only for their own needs, as well as for the specific purpose of the law.

3.        The user is obliged to inform Dasto semtel by written or electronic or any other official notice of any change of identity or personal data stated in the Request Form for Us of Dasto semtel Internet service immediately, or not later than 8 days of changes. Otherwise it will be considered that the delivery is properly made on the basis of existing data.

Clause 5 - Username and Password

1.        User in the process of inclusion in the ZONA network gets to use user name and password, which are used for authorized access of unique device to Dasto semtel Internet services, and is obliged to protect them from unauthorized use by third persons.

2.        Dasto semtel reserves the right for access denial to Dasto semtel Internet services if we notice any unauthorized use of user data,and Dasto semtel is obliged to inform the user.

3.        If user notices any unauthorized/illegal use of his/hers user name by the third person, user is obliged to immediately inform Dasto semtel about it. The user is responsible for all damages ensued from unauthorized/illegal use of user name to the moment of sending information about it to Dasto semtel.

Clause 6 - Use of Dasto semtel Internet services

1.        User confirms that he/she is aware and accepts and undertakes to abide to the rules of conduct and obligations when using Dasto semtel Internet service, and implement the applicable safety procedures and programs provided by Dasto semtel, which are available on the ZONA web site on the Internet, at zona.ba

2.        It is expressly prohibited and is considered as violation of the General Conditions:

o        to post or transmit data conflicting with the applicable regulations, or incorrect, incomplete, and offensive information that user knows or could know they are incorrect/incomplete/offensive, and that their use could cause damage to Dasto semtel and/or third persons,

o        to post or transmit advertisements and promotional materials that contain false information or deceiving state claims, and to send others advertising or promotional material without their consent or request, including sending spam e-mail,

o        to post, transmit or send protected "content",

o        to publish the secret information of another physical or legal persons,

o        publish, post or transmit content that offer services or products in the form of chain letters,

o        to use Dasto semtel Internet services in any way that could undermine the system and the work of ZONA network,

o        to bother anyone via e-mail in any form,

o        to create or forward "chain of luck",

o        to send large quantities of unwanted or unrequested emails to one account (mail bombing),

o        false representing,

o        forge the header of the messages,

o        unauthorized try and accomplish access to another's account or computer resources,

o        to give unauthorized use of your user name to other people,

o        to perform actions that disable other users from normal use of Dasto semtel Internet services,

o        to send messages to Usenet or other groups, forums or mailing list that does not match the content (news spam),

o        to distribute false information about the network,

o        to use Dasto semtel Internet services for unlawful purposes,

o        to take actions and activities contrary to the rules of conduct on the Internet (Netiquette).

3.        User bears full responsibility for the legality, content, quality and truthfulness of information, applications, data, audio and video records, as well as for all other materials which offers and makes it available through the ZONA Network, Internet or e-mail.

4.        The user undertakes to use the protected "content" on the Internet (copyright, trademark, intellectual property rights) in accordance with the applicable laws of the Republic of Srpska, the Federation of Bosnia and Herzegovina, Brcko District, Bosnia and Herzegovina and regulations of CRA, and that it will not be used or published without the consent of the "content".

5.        The user agrees that Dasto semtel has the right at any time and without prior information to temporarily restrict or deny access to Dasto semtel Internet services if the user acts in contradiction with the rules of conduct and obligations stated in the terms from 1st to 4th of this Clause.

6.        In the case of paragraph 5 of this Clause, Dasto semtel is not responsible for any damages that may arise due to user limitation/denial of use Dasto semtel Internet services.

7.        The user will be responsible, and will be obliged to pay damages that could arise Dasto semtel or a third person due to a violation of the obligations mentioned in the terms from 1st to 4th of this Clause.

8.        The user is committed to use Dasto semtel Internet services for own needs, and not assigned parts of Dasto semtel Internet services to third parties to use without prior permission of Dasto semtel.

9.        Services that include FLAT RATE to the FAIR USE clause implies that, if it is determined that the user has not adhered to individual clauses FAIR USE (eg, continuous-permanent download or upload), the service provider reserves the right to warn and limit the use of the Internet to a user and/or return it to the calculation of traffic, according to the selected package. The service provider reserves the right to temporary deny service to user who deviates significantly from the average usage of network resources or any activity threatening the security of the network or in any way different from these conditions.

Clause 7 - Prices and terms of payment

1.        Subscriptions and prices of Dasto semtel Internet services, as well as other benefits which Dasto semtel rates on the basis of these conditions laid down by the valid General Price list of Dasto semtel.

2.        Dasto semtel is authorized to change Price list, and obliged to publish and make available it to its users in the appropriate manner. Dasto semtel Price list is available at all authorized retail locations of Dasto semtel and Dasto semtel official page on the Internet, at zona.ba

3.        Dasto semtel may introduce, change or abolish tariff models and some special services, and conditions for their implementation, with the prior notification to the user in suitable way.

4.        Services which contains a FLAT RATE, except if otherwise is not stated, include the principle of reasonable use of network resources, while Dasto semtel reserves the right to temporary deny services to users who deviate significantly from the average use of network resources or users who excessive use the system. The user is committed to the Internet to use available resources during the Internet access in a way that does not cause degradation of service, or cause difficulties in the system, because we bear responsibility for the resulting damage.

5.        For outstanding and unpaid assets from the user, Dasto semtel has the right to calcualte penalty interest on the basis of the Law and other applicable regulations.

6.        If we, considering the financial ability of users, its past behavior in the payment and average use of services of Dasto semtel, determine that there is founded suspicion that the user will not be able to pay his/hers debts for provided services, Dasto semtel can request from the user the appropriate insurance of payment for services (bank guarantee, etc.). which Dasto semtel may considere as necessary.

Clause 8 - Dasto semtel obligations

Dasto semtel is committed to provide users with high quality professional Dasto semtel Internet services, which includes:

• the provision of sufficient capacity to the World Wide Web,
• the provision of sufficient number of access capacity to the base stations and a regular increase in line with the increase in the number of users and needs,
• the provision of a permanent system of supervision of functionality and quality of service, and fast and efficient removal of potential difficulties,
• the provision of telephone support to users.

Clause 9 - Exclusion from liability

1.        Dasto semtel does not guarantee nor it is responsible for the availability of Internet services that do not directly control, as well as for any damage that the user can have from use of the Internet or Dasto semtel Internet services.

2.        Dasto semtel not examine and does not control the content that users post on its servers. Dasto semtel can not currently ensure the removal of content that are contrary to the terms and conditions.

3.        The user agrees to the technical and operational features of Dasto semtel networks that there is a possibility that Dasto semtel Internet services will not be available at any time.

4.        In the case of the planned outage Dasto semtel Internet service longer than 1 hour, Dasto semtel will inform users in appropriate way at least 2 days before the scheduled stops.

5.        Dasto semtel shall not be liable for any damages occurred during the mandatory / regular maintenance of its system, which could have an impact on the quality of Dasto semtel service, as well as for damage occurred due to technical difficulties during the data transfer via the user terminal equipment.

6.        Dasto semtel is not responsible for the infrastructure work required for using services of Dasto semtel, which Dasto semtel not ensure or controlled directly (phone lines, cable networks or other carriers, the user terminal equipment and the like).

Clause 10 - Dasto semtel rights on the abolition and restrictions of services

          1.   Dasto semtel can temporarily disable the User to use DASTO semtel Internet services:

o        if, during the duration of user contract, Dasto semtel finds the existence of reasons for rejecting the request to use Dasto semtel Internet services, or for failure to access Dasto semtel internet services from Clause 3 and 6 these conditions;

o        if the user does not pay the bills;

o        if Dasto semtel determine the existence of another reason to limit use of Dasto semtel internet services on the basis of the provisions of these General conditions, or on the basis of the applicable regulations of the Republic of Srpska, the Federation of Bosnia and Herzegovina, Brcko District, Bosnia and Herzegovina and the CRA regulations.

2.        After termination of the reasons for the temporary restriction, Dasto semtel will allow re-use of Dasto semtel Internet services.

3.        In any case, a temporary restriction of use of Dasto semtel Internet services can not last more than three months.

4.        Dasto semtel has the right to permanently exclude users if the user in writing or verbally is insulting Dasto semtel's staff, or anyone on the Internet.

Clause 11 - The duration of user contract

1.        User contract is for an indefinite period of time.

2.        User contract cease to apply from the following reasons:

o        on the basis of written users' requests;

o        if the user does not pay the amount of the issued invoices within 30 days from the date of the temporary restrictions on use of Dasto semtel Internet services;

o        if Dasto semtel later established the existence of any reasons for rejecting the user request to use Dasto semtel Internet services, or for failure to access the ZONA network from the clauses 3rd and 6th these General conditions, and due to that temporarily restrict the use of Internet services, if that reasons would not be eliminated within 30 days;

o        if Dasto semtel determine the existence of some other reason for the validity of user contract on the basis of the provisions of these General Conditions, and applicable regulations of the Republic of Srpska, the Federation of Bosnia and Herzegovina, Brcko District, Bosnia and Herzegovina and the Regulation of CRA.

3.        In any case user contract stops with the dissolution of valid license of Dasto semtel for Internet services.

4.        Legal consequences of termination of the validity of user contract have the first day of the month following the month in which the Dasto semtel received written information about the users over, or one of the reasons for the validity of user agreement mentioned in Term 2 of this clause has performed.

Clause 12 - Inform the user

Dasto semtel has the right to distribute information to user via e-mail or written messages about the service changes, new services, service improvements, and other information related to the use of Dasto semtel Internet services.

Clause 13 - Acceptance of General Conditions

Signing requirements to use Dasto semtel Internet service, the user confirms that it is consistent with the provisions of these General conditions, and to accept in its entirely.

Clause 14 - Resolving disputes

 Dasto semtel and the user agree to peacefully address any disputes resulting from or in connection with the contract. In case of failure, the resolution will be the only competent of Court in Bijeljina.

Clause 15 - Final terms

1.        General terms and conditions are available at all authorized retail locations of Dasto semtel, and the official Dasto semtel page on the Internet, at zona.ba. Dasto semtel will publish and make available all amendments to these General Conditions of the legal way.

These terms and conditions shall enter into force on the day of publication, and apply to all users who have made a user contract after that day. For users who made the user contract before the publication of the General Conditions, it shall enter into force and apply within two months from the date of publication of these General conditions, provided that the user does not break the contract in four weeks from the date of publication of these conditions.