General terms on how the services of IT Jedan are used

1. Definitions

The terms below have the following meaning:

Telecommunications services

— means the premium-rate telecommunications services that IT Jedan provides in the public telephone network, by means of telecommunications equipment connected to the public telecommunications network of the operators.

Operators

— means the fixed and mobile operators of telecommunications services.

Content

— means interactive content owned by the Content provider, or for which the Content provider holds a licence to use and reproduce it, and which the Content provider delivers to Users by means of the telecommunications equipment of IT Jedan and the numbers assigned to it.

Content provider

— is a legal entity that uses premium-rate Telecommunications services and delivers Content through IT Jedan.

Users

— means every person who uses a telecommunications service provided by IT Jedan in order to access Content offered by the Content provider, and who pays for that service through the phone bill of their operator.

Premium-rate numbers

— means the premium-rate numbers owned by IT Jedan and assigned to the Content provider, through which the telecommunications service is delivered to Users.

Equipment

— means the telecommunications terminal equipment and all other equipment (hardware) and program components (software) needed for IT Jedan to provide telecommunications services.

Billing period

— means a period of one calendar month.

2. Leasing premium-rate numbers

The Content provider leases premium-rate Numbers through the service on the web pages www.it1.hr.

The Content provider may lease one or more premium-rate Numbers to use for its services. One premium-rate Number may be used for only one service at a time.

The Content provider may lease the following numbers from IT Jedan:

1. Numbers for premium-rate voice services 060/xxx xxx, 061/xx xx 064/xxx xxx, 065/xxx xxx, 069/xxx xxx in all tariff classes supported by the operators of the publicly available telephone service.
2. Numbers for premium-rate SMS services, MO (60 xxx, 65 xxxx, 6y xxxx) and MT (8y xxxx) numbers in all tariff classes supported by the operators of the publicly available telephone service in the mobile network.
   • An MO SMS number is a premium-rate number on which the user pays the added value per message sent
   • An MT SMS number is a premium-rate number on which the user pays the added value per message received
3. Numbers outside the premium-rate group: 01/xxx xxx, 072/xxx xxx and 0800/xxx xxx

How numbers are leased and cancelled, and how the monthly fee is charged

• Numbers are leased through the customer account
• Numbers can be leased with payment made by bank transfer or out of the current earnings on the customer account
• If the Content provider leases a number during the month, the fee is charged in full, and at the end of the billing period the settlement will show an item “Discount for partial use” calculated according to the number of days on which the number was not used
• A number is leased for an indefinite period
• The monthly rental is calculated on the last day of the month for the month that follows, and is shown on the invoice
• If the Content provider wishes to cancel a number, it may do so itself in the customer pages at any point during the month, but always with effect from the last day of the month in which the cancellation is made
• By way of exception, for dedicated SMS numbers the cancellation must be made by the 15th of the month for the number to be cancelled with the last day of that month; otherwise the fee is charged for the following month as well

3. Obligations of the Content provider

The Content provider places the Content on the Equipment itself, or delivers the Content to IT Jedan in time for it to be placed on the Equipment.

The Content provider bears responsibility for the Content it has placed, and undertakes that it complies with all applicable regulations and with the agreement it has concluded with IT Jedan.

In line with its business policy and at its own discretion and business judgement, the Content provider promotes at its own expense the Telecommunications services related to its Content, and informs potential Users about how to access its Content and how to use the Telecommunications service. In doing so, as in all other conduct, the Content provider is obliged to observe in full the provisions of the Electronic Communications Act (“Narodne novine”, no. 73/08) concerning the prohibition on using unsolicited electronic communications for advertising, and to act in every other respect in accordance with that Act and other applicable regulations of the Republic of Croatia.

If the Content provider breaches these provisions and is not registered with the Croatian Post and Electronic Communications Agency as an Operator of a premium-rate service, IT Jedan will issue it a warning by e-mail to the address with which it is registered on the website www.it1.hr and require that the breach be remedied. If the Content provider fails to remedy those breaches after repeated warnings, IT Jedan is entitled to charge the Content provider a penalty of €132.72. For every repeated breach of those provisions the penalty is doubled, with no upper limit.

Under the agreement, the Content provider has undertaken not to use unsolicited electronic communications, as defined in the electronic communications regulations, for the purpose of advertising the Content and the premium-rate Numbers it receives for use from IT Jedan.

The Content provider undertakes to ensure that it holds all copyright, or the corresponding authorisations from the authors, relating to the Content.

Under the agreement, the Content provider has undertaken not to use the service itself, on the numbers it has leased from IT Jedan, from telephone lines it does not own or for which it does not have the line owner's permission to use.

On the numbers it leases from IT Jedan, the Content provider is obliged to deliver services that require sending or receiving SMS messages to users exclusively through the SMS channel of IT Jedan, using the functions available in the customer account registered on the website www.it1.hr. If the Content provider uses another SMS channel not belonging to IT Jedan and thereby breaches these provisions, IT Jedan is entitled, without prior warning, to charge the Content provider a penalty of €132.72. For every repeated breach of that provision the penalty is doubled, with no upper limit.

In the event of a breach of the provisions of this section, IT Jedan is entitled, without prior notice, to withhold from the Content provider the use of the premium-rate Numbers, and not to pay out to the Content provider the earnings generated on the premium-rate Numbers, until the extent of the damage IT Jedan has suffered and/or will suffer on account of that breach has been established. IT Jedan is entitled to recover that damage from the earnings generated by the Content provider.

4. Revenue and fees

IT Jedan keeps the settlement of revenue, with the associated fees, that applies to the Content provider in electronic form, together with the records of premium-rate Numbers. Where the delivery of content involves forwarding calls to fixed and/or mobile devices of the Content provider, the Parties agree that the revenue of the Content provider will be reduced by the cost of forwarding, which amounts to:

• €0.03/min for forwarding calls to national numbers in the Republic of Croatia;
• €0.07/min for forwarding calls to numbers in mobile networks in the Republic of Croatia;
• the fee for forwarding calls to numbers outside the Republic of Croatia is agreed separately with the Content provider, depending on the country the call is forwarded to.

Forwarding calls to VPN cards is not charged. A VPN card is leased from IT Jedan. If delivering the content to the End user requires an SMS message to be sent, the revenue of the Content provider will be reduced by the cost of sending the SMS message, amounting to €0.03/sms.

Table 1 — Content provider earnings on 06x numbers

Where the lease is paid by bank transfer, the deadline for activating the number is 1 working day after the payment has been recorded in the giro account of IT Jedan. Where payment is made out of the earnings on the customer account, activation is immediate.

Table 2 — bonus scheme for registered operators

If the Content provider is registered with the Croatian Post and Electronic Communications Agency as an operator of premium-rate services, the earnings may be higher, in accordance with the bonus scheme.

* Volume bonuses on the tariffs 06x/7xx-xxx, 06x/8xx-xxx and 065/xxx xxx are calculated by the number of calls made, not by the number of minutes.

Table 3 — earnings on premium-rate MO SMS numbers

Where the lease is paid by bank transfer, the deadline for activating a keyword on a shared number is 1 working day after the payment has been recorded in the giro account of IT Jedan. Where payment is made out of the earnings on the customer account, activation is immediate. A dedicated number takes up to 15 days to activate, whichever payment method is used.

Table 4 — earnings on premium-rate MT SMS numbers

Where the lease is paid by bank transfer, the deadline for activating a keyword on a shared number is 1 working day after the payment has been recorded in the giro account of IT Jedan. Where payment is made out of the earnings on the customer account, activation is immediate. A dedicated number takes up to 20 days to activate, whichever payment method is used. On a dedicated number the Content provider may also set tariffs other than those listed in Table 4, within the limits set by the mobile operators.

5. Reporting and records of premium-rate Numbers

For the duration of the Agreement with the Content provider, IT Jedan will give the Content provider access to the web pages www.it1.hr, on which it will have a detailed view of the number of SMS messages received, the number of users, and the number of calls established and charged towards the premium-rate Numbers it has on lease.

By the 5th (in words: fifth) day of the month at the latest, IT Jedan will send the Content provider, for the preceding billing period — that is, the preceding month — a settlement of the revenue generated (hereinafter: the Settlement), containing the following data: the number of calls made towards the premium-rate Numbers it has on lease for the preceding billing period, the cost of outgoing calls and SMS messages, the monthly fees, and the total revenue of the Content provider, being the total number of calls/minutes/messages multiplied by the revenue of the Content provider as defined in a separate section of these General terms; the records of premium-rate Numbers form part of that Settlement. The Content provider may dispute the Settlement within 3 (in words: three) days of receiving it together with the records; failing that, it will be deemed to agree in full with the Settlement and with the records of premium-rate Numbers.

IT Jedan delivers its reports in electronic form.

The Parties jointly establish that IT Jedan also keeps, in electronic form, records of the premium-rate Numbers leased by the Content provider — that is, of which the Content provider is the sole and exclusive user — which records include, and are made up in part by, a table of the settlement of revenue and the associated fees for each individual premium-rate Number (hereinafter: the Records). IT Jedan undertakes to provide the Content provider with uninterrupted access to the Records at any time through the customer account of the Content provider on the website www.it1.hr.

6. Settlement and payout of revenue

For calls charged by duration, the billing unit for settling the revenue of the Content provider is 1 (one) second. For numbers charged per call, and for MO SMS numbers, the billing unit is the call received or the SMS message received. For MT SMS numbers the billing unit is an outgoing message successfully charged to the End user.

For the earnings generated, the Content provider issues IT Jedan an invoice dated the last day of the billing period, in the amount stated in the Settlement, payable within 45 days of the date of issue. The Content provider is also entitled to be paid its earnings within 5 (five) days of the last day of the billing period, if it issues an invoice for the amount of the earnings reduced by 5%.

No changes whatsoever are made to the amount of the earnings on account of bank charges, conversion costs, quotas or any other taxes or levies.

If part or all of the earnings are withheld by an Operator or a regulator as the result of an investigation, that part of the revenue will be deducted from the amount to be paid out to the Content provider until the investigation is concluded. The Parties jointly establish that, where there is well-founded suspicion that the Service provider has breached its obligations under the agreement and those breaches may result in misdemeanour and/or criminal prosecution, IT Jedan is entitled not to pay the Service provider its revenue until the misdemeanour and/or criminal proceedings have been finally concluded.

If an investigation proves that the Content provider delivered Content through the premium-rate numbers it leased from IT Jedan in a manner not in accordance with the legislation of the Republic of Croatia, the Content provider undertakes to compensate IT Jedan for all damage caused by the investigation and by any penalties.

IT Jedan reserves the right to change a User's earnings if the share of traffic from an individual network in the User's traffic deviates by more than 10% from the average share of that network's quarterly traffic in the total traffic of IT Jedan.