GENERAL CONDITIONS / DIAL UP

I / General conditions

Subject

Article 1.
The General conditions regulate mutual rights, obligations and responsibilities between the User of Services and Provider, related to providing of services BeeDIAL SERVICE.

Article 2.
Under providing of services BeeDIAL SERVICE we mean services of connecting of the User of Services to Internet global network, registration of the User name and providing access to Internet through telephone connection, for which the User of Services shall pay to the Provider an agreed fee.

Article 3.
Contract on providing of services BeeDIAL SERVICE between the User of Services and the Provider consists together of all these General Conditions, Pricelist and Application Form together.
The Contract is considered to be closed when the User of Services has filled in and signed the Application Form, by which he accepts these General Conditions and the Pricelist on which he has been informed at that occasion in spoken and written form.

II / Rights, obligations and responsibilities of the User of Services

Rights of the User of Services

Article 4.
The User of Services connects independently and freely to Internet global network, respecting limitations imposed by this Contract and the law.

Obligations of the User of Services

Article 5.
The User of Services undertakes under this Contract:

1. to pay in advance a fee - a subscription to user’s time in accordance with Art. 4 of the Application Form, or a monthly or annual fee for using the services being the subject of this Contract, according to Pricelist of the Provider;
2. to inform the Provider without delay on every change of data related to the User of Services and his status with the Provider which appear upon the conclusion of this Contract;
3. keep his user code in secrecy;
   to inform the Provider without delay on any problems that may arise on his user account;
4. pwhen connecting to and using Internet global network not to use any prohibited materials in any form, as well as to avoid prohibited manner of acting of any kind and to respect the law, regulations and moral rules in the whole.

Responsibility of the User of Services

Article 6.
The User of Services shall be responsible from criminal, civil and all other aspects for prohibited use, or prohibited manner of acting on Internet global network.
The User of Services shall be responsible to the Provider for each damage caused by prohibited manner of acting on Internet global network.

Prohibited Manner of Action

Article 7.
The User of Services must not act on Internet global network contrary to imperative legal regulations of Republic of Serbia and international law, nor accepted conventions and codes.
Acting of the User of Services on the Internet global network shall be considered prohibited especially:

1. if it means the performing of a criminal act, economy offence;
2. in case it means the infringement of copy rights regulations and the right of industrial property;
3. uin case it means an act of unfair competition;
4. if it violates or infringes someone’s personal rights; in case it infringes good business practice and consumers’ rights regulations;
5. in case it infringes the contract, conventions and recommendations in the field of telecommunications law, as well as of the Rules of acting on Internet.

Some of the acts that according to the adopted code are considered to be prohibited are:

1. distribution of non-requested e-mail messages through e-mail or unsent conferences;
2. using of service for unauthorized access or taking control over other systems on Internet;
3. spaming of server of the Provider through sending identical non-requested messages to a large number of addresses on Internet;
4. sending or passing of humanitarian requests, petitions, chain letters as well as sending of advertising or promotion material for products and services, except in those places reserved for such type of announcing;
5. distribution of viruses or other programs with infective or destructive characteristics.

III / Rights, obligations and responsibilities of the Provider

Rights of the Provider

Article 8.
If, according to his reasonable estimation, the Provider concludes that the acting of the User of Services on Internet global network is unacceptable, the Provider shall send a written warning to the User of Services requesting from him restrain from such unacceptable actions.
In case the User of Services fails to do so within the period of 15 days, the Provider has right to suspend his obligations under this Contract, and in case of repetition of unacceptable actions within a further period of 15 days, to terminate the Contract on his side with prompt termination notice.

Obligations of the Provider

Article 9.
Provider shall under this Contract provide:

1. make registration of user name of the User of Services on Internet global network;
2. to provide a 100 MB mail-box to the Provider of Services on the mail server of the Provider;
3. to hand over to the User of services immediately upon the conclusion of the Contract information on technical parameters to enter into corresponding software on the PC of the User of Services, as well as telephone numbers of the Provider in order to enable the User to connect via modem with server of the Provider;
4. to provide to the User of Services a smooth access to Internet global network through a smooth connection with server of the Provider within the contracted limits, own capacities and existing technical possibilities;
5. to update and pass on e-mail sent from or to the address of the User of Services;
6. without delay notify the User of Services on all problems that may occur on the user’s order of the User of Services or server of the Provider;
7. snot to breach the rights to the protection of the secrecy of data by manner of his acting, which are exclusively available to the Provider, and are related to the User of Services, except in cases explicitly defined by the law or stipulations of this Contract regarding the prohibited contents

Limitation of Liability of the Provider

Article 10.
The Provider shall not be liable for Internet traffic jam, delays or errors in the functioning of the parts of Internet that are beyond his control. The Provider shall not be liable for the proper functioning of telephone lines which he has rented from Telekom Srbija, in case the problems of operation of these lines occur exclusively from reasons which are beyond control of the Provider (force majeure, exclusive liability of Telekom Srbija etc.).
The Provider shall not be liable for damages caused by unacceptable acting of the User of services to the third parties.
The Provider shall not be liable for infringement of the right to privacy and safety of the User of services made on Internet by the third party. The provider is not liable for the safety and accuracy of information which the User of services exchanges with other Internet users.
The provider is not responsible for damages which may occur to the user of services or the third party due to infringement of the user of services obligation to keep in secrecy the data related to his users account.
The Provider does not guarantee that data bases downloaded from Internet are free from computer viruses or other program manifesting infective or destructive characteristic. The User of services is responsible for conducting of certain procedures and tests for the protection from such programs. The Provider is not responsible for damages caused in this way.

IV / Compensation

Methods of Payment

Article 11.
Korisnik usluga je dužan da najdalje u roku od 2 meseca od dana zaključenja Ugovora Provajderu plati naknadu utvrdjenu Čl. 4 Pristupnice. Korisnik usluga nadalje je dužan da naknadu plati unapred, pre isteka već uplaćenog vremena, a u skladu s važećim cenovnikom. O preostalom vremenu na svom nalogu Korisnik usluga se može obavestiti kroz www servis Interneta na adresi http://my.neobee.net

Article 12.
The Contract parties have agreed that the fee for additional services, related to BeeDIAL SERVICE, which the User of services select, based on this agreement and the price list of the Provider, is paid on the basis pro-forma invoice.

Modification of the Method of Payment

Article 13.
The User of Services may modify the chosen method of payment for the service BeeDIAL SERVICE under the same user name only ones by signing of Application form, registration of his user name and by selecting the type of service under item 4 of the application form, for justified reasons.

Consequences of Unsettled Payments

Article 14.
The User of Services may exceed the subscribed time during the last connection, and the fee for it will be automatically subtracted from the next payment of fee for BeeDIAL SERVICE. In case the User of Services exceeds the subscribed time the Provider will suspend the possibility for him to connect to Internet global network by modification of access code until the day of payment of unsettled fee.
If the user of services conceders that calculation of the time spent was not correct, he should contact the NeoBee.net payment department within the period of 30 days at the latest from the day of the occurrence of the irregularity, in order that possible mistake can be corrected.

V / V Modifications of General Conditions and the Price List

Method of Modification

Article 15.
Provajder zadržava pravo izmene ovih Opštih uslova i Cenovnika koji je osnov za obračun naknade za usluge koje su predmet ovog Ugovora.
Provajder je dužan obavestiti Korisnika usluga o promeni Opštih uslova i Cenovnika najkasnije mesec dana pre njegove primene.

Article 16.
The Provider reserves the right to modify these General Conditions and the Price List which is the basis for calculation of fees for services being the subject of this Contract.
The Provider shall inform the User of Services about the modification of General Conditions and the Price List a month prior to its effectuation at the latest.
Promena Cenovnika, ni u kom slučaju se ne odnosi usluge za koje je naknada već uplaćena u skladu sa odredbama ovog Ugovora.

Prava Korisnika usluga u slučaju ne pristajanja na promene

Article 17.
In case the User of Services does not accept modifications of General Conditions and Price List, he is obliged to inform the Provider about it in written form within 3 days from the day of the receipt of information, and latest until the end of the month for which the fee for using the services has been paid, which will make this Contract terminated and ineffective upon expiry of the paid month. In case the User of Services fails to inform the Provider on his non-acceptance of modifications of the Price List and General Conditions, within the contracted time period, it will be considered that he has accepted the modification of the Price List.

VI / Closing Provisions

Written Notification

Article 18.
Written notification between the User of Services and the Provider, under this Contract includes also messages sent by e-mail or giving notification on the WEB site of the Provider.
It will be considered that a notification sent by e-mail has been submitted to the User of Services on the date when it has been received in his mail box at the Provider, or 8 days after issuing it on the WEB site of the Provider

Validity of the Contract

Article 19.
The Contract is concluded for unlimited period of time.

Article 20.
Each Contract party, in addition to the cases provided herein, has right to terminate the Contract on his side, giving termination period of 30 days, on condition of written notification to the other Contract party and payment/fulfillment of contracted obligations.
In case of the Contract termination, the same will become ineffective on expiry of the month for which the User of Services has paid a fee to the Provider.

Article 21.
All possible disputes related to the use of services of the Provider, which occur during the validity of this Contract, the Contract parties will solve amicably in the spirit of cooperation good business manners.
In case the Contract parties fail to do so, the disputes will be solved by the competent Court in Novi Sad.
In case of conclusion of the Contract with a foreign person in the foreign language, in addition to Serbian, for all interpretations thereof the Serbian version will be competent.

Article 22.
Application of these General Conditions shall begin on the 20th of May, 2002 and last till modification by the Provider.