General terms and conditions on the provision of services

 

1. SCOPE OF GENERAL TERMS AND CONDITIONS ON THE PROVISION OF SERVICES

  • These general terms and conditions on the provision of services to business entities (hereinafter: General Terms and Conditions) specify the relationship between business entities, end Customers (hereinafter: Customers) and Altus Information Technology Ltd., Zagreb, Selska cesta 93 (hereinafter: Altus).
  • These General Terms and Conditions include the Internet access services and all additional services provided to the Customers pursuant to these General Terms and Conditions.
  • The provisions of the Electronic Communications Act, of the Ordinance on the Manner and Conditions for Provision of Electronic Communications Networks and Services and other applicable regulations of the Republic of Croatia shall apply to all mutual relationships between Altus and Customers that are not specifically laid down by these General Terms and Conditions, by special conditions, i.e. separate agreement between the Customers and Altus.
  • Services in line with these General Terms and Conditions may be provided only under an agreement. Agreements differing from these General Terms and Conditions shall be confirmed in writing by both parties.
  • Service Provision Agreement shall come into effect on the day specified therein and is valid for an agreed period of time or for an indefinite period of time with a specified notice period.
  • Basic technical features of Altus services, depending on a certain service, are available to the Customers on Altus website (www.datacentar.hr) and other corresponding places (offers, written materials).

 

2. TERMS AND DEFINITIONS

Within the meaning of these General Terms and Conditions, each of the terms and definitions set out below shall have the following meaning:

  • Altus
    • ALTUS INFORMATION TECHNOLOGY Ltd., Zagreb, Republic of Croatia
    • Registered with the Commercial Court in Zagreb, CRN: 080752614, PIN: 83005209824
    • Seat: Selska cesta 93
    • Office: Kalinovica 3
    • Tel: +385 1 3651 342
    • Fax: +385 1 3651 350
    • E-mail: info@altus-it.hr
    • Website: www.datacentar.hr
    • Account: with Erste&Steiermärkische Bank d.d. Rijeka
    • IBAN: HR9224020061100590093, SWIFT: ESBCHR22
  • Customer - within the meaning of these General Terms and Conditions is a legal entity, state administration body, local self-government unit, organization, company, natural person acting in the field of their business activity or independent profession and other Customer/non-consumer with whom Altus enters into the agreement on the provision of services subject to these General Terms and Conditions.

  • Request - request for use of Internet access services and other services subject to these General Terms and Conditions.

  • Agreement – Agreement on the provision of Altus services

  • Services - a set of services defined by Article 4 below, whose scope and term is agreed upon separately with Altus

  • Additional services - Altus services which by their nature complement or are dependent on another Altus service (certain additional services are possible to be used only by means of terminal equipment supporting such Services).

  • Temporary restriction of Altus Services – disabling the use of a certain Service to the Customer, which may occur when the conditions for temporary disruption are fulfilled pursuant to applicable regulations, i.e. these General Terms and Conditions.

 

3. ESTABLISHMENT OF CONTRACTUAL RELATIONSHIP

  • The Customer enters into the agreement on the provision of Services (hereinafter: Agreement) with Altus and by signing the Agreement it states that it has read the General Terms and Conditions and that it consents to their application and accepts all rights and obligations laid down by these General Terms and Conditions.
    • pursuant to technical and other possibilities, upon signing the Agreement, Altus shall activate the Service. By activating the Service, the calculation and charging of the Service shall start.
    • Altus reserves the right to refuse the execution of the Agreement for any reason whatsoever and makes no commitment to explain specifically the reasons for refusal.

 

4. SERVICES TO BE PROVIDED

  • Altus provides the following Services:
    • Connectivity: cross connect, Internet, dedicated links, cloud connect
    • Colocation: Colocation of equipment in cabinets, Customers’ spaces, Remote hands and eyes
    • One-time setup and help with moving in, Proof of Concept, Communication and IT equipment rental
    • Cloud: Public cloud, Private cloud, Hybrid cloud, Virtualization of communications infrastructure
    • Managed services: Monitoring, the first level support, higher level support
    • Disaster Recovery, Backup, Design, consultation and migration of the environments
    • Hybrid environments
  • If desired, each of the above-mentioned Services may be connected with other Services which will be, with the Customer's consent, stated in the Agreement.

 

5. CUSTOMER DATA

  • The Customer shall ensure the accuracy and technical accuracy of information published on the network, and shall, in particular, inform Altus of the changes of personal data indispensable for uninterrupted and safe use of Services, such as phone numbers, mobile phone numbers, fax numbers or e-mail addresses via which certain Services are used within 15 days as of the day of change. If the Customer fails to do so, Altus shall deem relevant the last data furnished by the Customer and cannot be liable for the damage occurred due to non-updated data.
  • Data concerning the contractual relationship pursuant to which the calculation and charging of the Service shall be performed, including the traffic data, are processed for the purposes of:
    • providing the telecommunication Service
    • calculating and charging the provided Services
    • checking the ability to make payments
    • resolving complaints, providing the adequate level of Service and/or network safety and preventing the misuse and frauds
  • The Customer gives its consent for data processing, which is implied as substantive part of the Service, by signing the Agreement, i.e. by using the subject-matter Service. Customer data may be processed for other purposes, stipulated and allowed by the law.

 

6. RIGHTS AND OBLIGATIONS OF CONTRACTUAL PARTIES

  • For using the Services, the Customer shall obtain, use and maintain the adequate computer and communication equipment which includes the protection against malware.
  • The Customer is responsible for the state of its device, including the parameter settings of a device connecting with Altus’ devices. The Customer shall ensure that the device which is to be connected has valid technical and safety certificates necessary for its operation.
  • The Customer shall immediately inform Altus of misuse and unauthorized use of or suspicion of unauthorized use of Services and shall immediately send a request for disenabling (blocking) the use of Services to Altus.
  • The Customer shall immediately inform Altus of all determined irregularities or unusual phenomena noticed when using the Services.
  • When using the Services, the Customer may not intervene in Altus infrastructure, except in an agreed manner, and may not, in particular, use the system commands which might change the system settings or functions.
  • The Customer may not use the Internet network in a manner that would obstruct other network Customers.
  • When using the Internet access Services, the Customer shall use network resources in a sensible way which will not cause the degradation or difficulties in the operation of system at any time.
  • The Customer shall assume full responsibility for the lawfulness, content, quality and authenticity of information, applications, data, audio and video recordings as well as all other materials offered or made available via Altus Internet Services.
  • The Customer shall use the protected content on the Internet (copyright and intellectual property rights) pursuant to applicable regulations of the Republic of Croatia and shall not use it or publish it without the consent of the content holder.
  • Concerning Services including the use of software licenses, the Customer assumes full responsibility for the accuracy of furnished information and for abiding by the license conditions.
  • The Customer is liable and shall compensate the damage that may be caused to Altus or third person owing to the violation of some of the Customer’s obligations from the General Terms and Conditions pursuant to general regulations of law of obligations.
  • The Customer who is in possession of the Server, which is during the term of the Agreement on the premises of Altus, shall remove it from the premises of Altus upon the expiration of the Agreement. If the Customer does not do so within the deadline set in the written request of Altus, Altus is entitled to deal with the Server at its own discretion.
  • Altus shall keep its infrastructure in such state and shall maintain the quality level of Service provision in line with the corresponding technical and operative standards and conditions set forth in the Agreement and, in particular, must have valid technical and safety certificates necessary for its operation.
  • Altus shall allow the Internet access and the use of contracted Services to the Customer.
  • Upon activating the Internet access Services, Altus shall protect the Customer account from unauthorized use in a way that only the Customer of the Service shall have access to the Internet via its Customer account.
  • Relating to the use of contracted Services, Customer support on portal support.altus-it.hr is provided to the Customers. The technical support staff is ready to help in case of any problems related to the Service 24 hours a day.
  • Altus does not check and control the content uploaded by the Customers on its servers and cannot provide the immediate removal of content which is contrary to the General Terms and Conditions.
  • Altus is not liable for the damage caused by unjustified interventions of Customers or third persons due to which normal functioning of the Internet access services and other Altus Services was interrupted.
  • Altus shall assume no liability for unsatisfactory quality of the Service or damage which may occur if the Customer uses terminal equipment in a manner contrary to the instructions of Altus and these General Terms and Conditions.
  • Altus is not liable for loss or destruction of data on the equipment used by the Customer for accessing the Services.
  • Altus is liable to the Customer for direct damage which occurred by gross negligence of Altus.
  • If Altus has knowledge of the fact that there is suspicion that the Customer does not use the Services in accordance with applicable regulations and contractual documentation, Altus shall invite the Customer to refrain from such use within five (5) days. Such invitation must be founded and reasoned. If the Customer does not act as instructed in the invitation, Altus is entitled to disrupt the provision of the Service until the final resolution of issue whether the Service is used contrary to the mentioned regulations and contractual documentation.
  • Altus is always entitled to disrupt the use of Services if the continuation of Service provision would imply exposing itself, its employees or other persons to criminal liability.

 

7. PAYMENT OF COMPENSATION FOR PROVIDED SERVICE

  • The Customer shall settle the whole calculated amount of invoice until the due date set out on the invoice of Altus. Otherwise, in case of payment delay, Altus is authorized to charge statutory default interest on accrued but not paid claims.
  • If the Customer fails to pay the total amount of invoice until the due date set out on the invoice, Altus shall deliver a written notice for the payment of invoice warning it that the temporary disruption of the Service shall occur if the Customer does not pay the debt within the certain period.
  • Temporary disruption shall be in accordance with technical possibilities restricted only to the Services for use by which the debt was not settled.
  • Altus reserves the right to charge the fee for reestablishment of Services and the right to charge the amount of the full monthly subscription for the month in which the temporary disruption of the Service/Services occurred.
  • If the Customer does not settle the debt even after the expiry of deadline set by Altus after the temporary disruption was performed, Altus may terminate the contractual relationship with the Customer.
  • Altus shall not be liable for damage which may be caused to the Customer due to temporary disruption, i.e. restriction of the use of Services.
  • The prices of Services charged by Altus pursuant to these General Terms and Conditions are determined by the valid pricelist. The prices of each certain Service are described and set out in the pricelist in a visible manner. Altus is authorized to modify the pricelist, to publish it and to make it available in accordance with applicable regulations.
  • Derogations from the pricelist may be subject of a separate agreement between Altus and Customers.
  • The Customer who files a complaint in accordance with these General Terms and Conditions shall pay until the due date on the invoice an indisputable portion of the amount of invoice or an average amount for which it was indebted in the period of three months before the period to which the complaint refers.
  • Altus is authorized to je assign claims which it has towards the Customer to third persons, e.g. to banks, agencies for debt collection in accordance with specifically contracted conditions and without additional costs for the Customer in a manner and in line with applicable regulations.

 

8. INTERFERENCES IN SERVICE PROVISION

  • Altus shall not be liable for possible damage caused by disruption of the operation of system or by reduction of quality of provided Services of Altus occurred during the necessary maintenance of its system or necessary reparation of the system.
  • In case of planned disruption of the operation of Altus system in the period longer than 2 hours, Altus shall inform the Customers thereof in an adequate manner.
  • If, due to technical interference for which Altus is liable, the access and use of Altus Services is denied to the Customer for more than 24 hours, the monthly access fee for the corresponding month shall be reduced proportionately to the days of duration of technical interference.
  • Altus shall assume no liability for damage of any kind owing to technical interferences during the use of Altus Services or owing to any other reason whatsoever, save for direct loss caused by gross negligence of Altus, unless otherwise stipulated by coercive regulations.
  • Altus shall assume no liability for damage caused by force majeure, war, disturbances, terrorist acts, natural or ecological disasters, epidemics, strikes, disruption of electricity supply, interferences in telecommunication traffic and other traffic, errors occurred in data transfer via telecommunication networks, in decisions and acting of authorities as well as by all similar causes whose occurrence cannot be attributed to Altus and due to which the access to the Internet and to other Altus Services is denied.
  • If the manner of use of Altus Services by a certain Customer, i.e. group of Customers significantly affects the quality of provision of Altus Services, Altus is entitled to apply adequate measures to protect the network resources. Before taking such measures, it shall inform the Customer/Customers thereof.

 

9. RESOLVING THE COMPLAINTS

  • The Customer is entitled to file a complaint to Altus about the provision of the Service, a complaint about the invoice for provided Services, complaint about the quality of provided Service and complaint due to violation of the provisions of the Agreement.
  • Complaints are to be lodged in writing to the electronic mail address: sales@altus.hr, (abiding by special regulations regulating the electronic signature) and in particular:
    • within 30 days as of the due date on the invoice in case of complaint about the amount for which the Customer is indebted for the provided Service,
    • within 30 days as of the day of Service provision in case of complaint about the quality of provided Service,
    • in all other cases, within 15 days as of the day of finding out about the acting or failure of Altus and at the latest within 30 days as of the day of violation of the provisions of the Agreement.
  • Altus’ complaints service carries out the procedure for determining the foundedness of a complaint at first level. The complaints service shall render a decision on the foundedness of a complaint and inform the Customer thereof in writing (including also e-mails, abiding by special regulations regulating the electronic signature) within 15 days at most as of the day of filing the complaint, i.e. within 30 days at most as of the day of filing the complaint in cases of complaints about the Services with special tariff.
  • Apart from a detailed reasoning about the reasons for refusal, i.e. acceptance of a complaint, a written response has to contain the instruction on the Customer’s right to lodge a complaint to Altus’ management as a second-instance body within 30 days as of the day of receipt of the response to the complaint.
  • The Customer is entitled to file a written appeal to the first-instance decision on the foundedness of complaint with Altus’ management within 30 days as of the day of delivery of the decision. Altus’ management shall in writing respond to the Customer within 30 days as of the day of the receipt of the complaint. Apart from a detailed reasoning about the reasons for refusal, i.e. acceptance of complaint, the written response must contain also the instruction on the Customer’s right to file a request for dispute resolution to the Croatian Regulatory Authority for Network Industries (hereinafter: the Authority), within 30 days as of the day of receipt of the second-instance decision.
  • In case of filing the request for a dispute resolution, Altus shall halt all procedures until the resolution of a dispute before the Authority. Statutory limitation of contested claim does not run during the resolution of a dispute before the Authority. In case of rendering the decision or opinion on the foundedness of the Customer’s complaint, Altus may claim the contested amount in line with applicable regulations.
  • The Customer makes no commitment to pay the disputed amount of the invoice if, during the period to which its complaint refers, has come to the technical interference or other malfunction, fraud or misuse for which pursuant to the court’s final decision or other competent authority it was established that it caused a higher amount of invoice. If the invoice has already been paid in full, the higher calculated amount shall be refunded to the Customer or, alternatively, the invoice for the first next period shall be reduced by that amount.
  • The Customer, who filed a complaint about the amount of invoice for which it was indebted for the provided Service, shall until the resolution of a complaint pay the indisputable portion of the amount of invoice for provided Services or an average amount for which it was indebted in the period of three months preceding the month to which the complaint refers.
  • In case of failure to settle such amount, Altus is entitled to act in accordance with the provisions of these General Terms and Conditions. Altus shall not disrupt the provision of the Service to the Customer who contests the invoice of Altus in any court or out-of-court proceedings and who duly continues to settle all following indisputable invoices until the termination of the mentioned court or out-of-court proceedings.
  • In case of the Customer’s complaint about the invoice, apart from data prescribed for the printout of the invoice, Altus shall also present a detailed printout of IP addresses to which it was accessed from the Customer’s account as well as duration and time of access and recorded traffic.
  • If it is determined that Altus violated the provisions of the Agreement or unjustifiably disrupted the provision of the Service, the Customer who filed a complaint from paragraph 1 of this Article due to violation of the provisions of the Agreement or complaint about unjustified disruption of the provision of the Service is entitled to terminate the Agreement free of charge and is entitled to the refund of all unjustifiably charged monetary amounts.

 

10. TERMINATION OF THE AGREEMENT

  • The Agreement may be terminated for the following reasons:
    • if the Customer fails to settle the accrued, but not disputed debt within 30 days as of the day of temporary disruption of the Customer’s terminal equipment from Altus network;
    • if Altus determines that the electronic communication equipment is connected to Altus network without approval or that Altus network is misused in some other way by the Customers and/or third person;
    • if Altus subsequently determines that the Customer address for the delivery of Altus invoices and notifications is unknown on the territory of the Republic of Croatia;
    • if the Customer obstructs and/or disenables the use of Altus Services to other Customers;
    • if the Customer performs the activities which are not in line with the provisions of these General Terms and Conditions and other applicable regulations in the Republic of Croatia;
  • The Agreement may cease to be valid also in other cases stipulated by applicable regulations of the Republic of Croatia.
  • In case when Altus is not able to fulfill the contractual obligation and/or deliver the Service in accordance with General Terms and Conditions, the Customer is entitled to terminate the Agreement without fulfilling the contractual obligations, save for accrued but not disputed debt for provided Services. In described case, Altus is also entitled to terminate the Agreement if it is irrefutably determined that it is and/or will not be able to deliver the Service in accordance with General Terms and Conditions.

 

11. PERSONAL DATA PROTECTION

  • Both parties shall deem all data relating to the provision of the Service confidential and they must make such data available to third party, save for in cases prescribed by the law.
  • Altus shall keep all data, facts and circumstances about a certain Customer and/or Customers at its disposal confidential.
  • The Customer agrees that Altus may process and use all data given to Altus or disclosed to Altus when entering into and executing the Agreement for the purposes of creating a client database, resolving complaints and filling in the documentation created for exercising the rights and obligations from the Agreement.
  • Altus shall deal with the mentioned data in line with its legal obligation, ensuring the confidentiality in dealing with those data and full protection of personal data from the side of all persons to whom access to personal data will be allowed and shall provide their use exclusively for lawful purposes in accordance with sensibly assumed interests of contractual parties.
  • When transferring data and files, Altus warrants the protection of data secrecy pursuant to regulations. If, during the provision of the Service, any information on the Customer are disclosed to Altus, they will not be available to third party without the Customer’s consent within a framework of binding legal regulations.
  • The Customer may use its own measures to protect and hide data it transfers, such as encryption and coding. However, this must be done in a manner compatible with electronic communication system of the Service provider in order to enable uninterrupted data transfer.
  • Altus shall not be liable for possible damage inflicted on the Customer due to error on the Internet network, delayed deliveries or data damage during the transfer. Altus is not liable for possible damage caused by the transfer of classified data.

 

12. FINAL PROVISIONS

  • These General Terms and Conditions shall come into effect on the day of their publication and shall start to apply to all Customers who will have established a contractual relationship with Altus after that date. These General Terms and Conditions shall start to apply 30 days upon their publication to the existing Customers who established a contractual relationship with Altus until the day of publication of these General Terms and Conditions.
  • These General Terms and Conditions are available to all authorized points of sale of Altus as well as via official Internet sites of Altus. These General Terms and Conditions shall be handed in, i.e. delivered to the Customer when establishing the contractual relationship or the Customer shall be referred to Altus Internet sites where these are published.
  • Altus and the Customer agree that all disputes arising out of or in relation with the Agreement shall be resolved amicably. In case of failure, competent court in Zagreb shall have jurisdiction. This Agreement shall be governed by the substantive law of the Republic of Croatia.
  • Altus shall publish all variations and supplements to these General Terms and Conditions in at least one daily newspaper which is sold on the whole territory of the Republic of Croatia and on its official Internet sites pursuant to applicable regulations.
  • Altus reserves the right to alter these General Terms and Conditions in accordance with applicable regulations. Altus shall inform the Customer in writing or electronically of the proposed variations and its right to terminate the agreement. Variations of these General Terms and Conditions, i.e. prices shall start to apply 30 days upon publishing the variations.
  • In case of variations of these General Terms and Conditions and/or prices which are more unfavorable for the Customer in relation to the contracted ones, the Customer is entitled to terminate the contractual relationship in writing free of charge, i.e. is entitled to the refund of unused monetary amount within 30 days as of the day of publishing these variations. Otherwise, it shall be deemed that it agrees with variations.
  • Termination of the Agreement by the Customer is possible only after the payment of all obligations from the Agreement and from valid pricelists of Services.
  • Altus shall secure the Customer equipment which is physically present in Altus data center in order to cover the risks relating to damage, loss or theft of the Server.
  • Each derogation from these General Terms and Conditions, if agreed upon between Altus and Customers, must be in writing and signed by both parties.