Terms and Conditions of Use

I. Terms and Conditions of Use of Poslovni WEB poštar (Business WEB SMS Messaging)

Article 1

With amended terms of the use of WEB Poštar, Mobitel stipulates rights, obligations and terms for the use of updated WEB Poštar Service (hereandafter WEB Poštar). These Terms and Conditions of Use replace Terms and Conditions of Use of WEB Poštar of June 1, 2003.

Article 2

WEB Poštar enables interface SMS messaging for Mobitel GSM network users. The service is also available for legal entities and natural persons (sole proprietors) for who these Terms and Conditions of Use also apply. All entities are users of Mobitel GSM/UMTS network and have concluded a contract with Mobitel prior to having the service of WEB Poštar at their disposal.

Article 3

Definition of terms, used in these Terms and Conditions of Use:

Mobitel, the operator of public mobile telecommunications services, provides and implements – with its technological solutions – safe internet interface SMS messaging.

Users are entities, who have appropriate GSM/UMTS mobile phone and a SIM card available and use Mobitel GSM/UMTS system and WEB Poštar service.

Addressees are – following these Terms and Conditions of Use – entities, who have GSM/UMTS mobile phone availabe and who receive SMS messages from users via WEB Poštar Service.

Should the user be a legal entity, its addressees must agree in writing to receive SMS messages.

GSM network is a digital telecommunications network, which enables radio communication connections between users of mobile phones within GSM/UMTS network and in other telecommunications networks.

A Short Message Service is a service provided by mobile operator, which enables exchange of short text messages via GSM network.

II. WEB Poštar Licensing

Article 4

WEB Poštar is available to users of Mobitel GSM/UMTS network.

Article 5

It is considered that the user is acquainted and agrees with the Terms and Conditions of Use of WEB Poštar of Mobitel, after having registered via web form for WEB Poštar Service for the first time. This registration at the same time establishes that the user is also acquainted and agrees with General Terms and Conditions of Operations and Use of Services of Digital Mobile Public Telecommunications Network of Mobitel, Telecommunications Services, d. d.

III. Using WEB Poštar

Article 6

Mobitel enables or disables the services of WEB Poštar for the user, following Mobitel's Terms and Conditions of Use of WEB Poštar and following General Terms and Conditions of Operations and Use of Services of Digital Mobile Public Telecommunications Network of Mobitel, Telecommunications Services, d. d.

IV. User's Obligations

Article 7

The user is legally bound by Terms and Conditions of Use of WEB Poštar, Instructions for Use of WEB Poštar, General Terms and Conditions of Operations and Use of Services of Digital Mobile Public Telecommunications Network of Mobitel, Telecommunications Services, d. d. and legislation in force.

The user is obliged not to use the service in a way, which results in violations of legislation. The user is obliged to use the service as follows:

The user shall not communicate or distribute any blasphemous content;
The user shall fully respect the privacy of addressees and shall not communicate or send any messages, which are not subscribed; furthermore, the user shall not send any disturbing or threatening messages or any slander messages;
The user shall not use names, documents or photos or any other elements of or related to Mobitel d. d., which can induce the impression upon addressees that the user is cooperating with Mobitel d. d.; furthermore, the user shall not use any aforementioned elements, which can connect the user with Mobitel services, unless the user has specifically obtained agreement of Mobitel in writing;
The user shall not attempt to reprogram and abuse websites of the service or WEB poštar itself;

V. Mobitel's Obligations

Article 8

Mobitel shall try to send SMS messages of users to all addressees within the shortest period possible.

Mobitel does not guarantee the delivery of SMS messages to the users abroad.

Article 9

Mobitel is bound to notify users of any changes or amendments of these Terms and Conditions of Use of WEB Poštar in an appropriate way.

VI. Data Protection

Article 10

Mobitel is obliged to protect all data about the user as confidential. Mobitel is also obliged to keep the aforementioned data exclusively for the purpose of executing WEB Poštar services appropriately. Only an individual user has access to view Personal Data Book.

Business data about using WEB Poštar are a matter of corporate confidentiality of the operator and are released only upon the request of the user in cases determined by legislation in force.

Mobitel is, by no means and under any condition, liable for any damages arising from potential data loss, which are entered and stored by the user within WEB Poštar. The user shall not impose any claim for damages upon Mobitel d. d. should the aforementioned circumstances occur.

VII. WEB Poštar Billing

Article 11

Mobitel charges the telecommunications services to the user. The charges correspond to the number of SMS messages sent. Rates of current WEB Poštar price list apply.

Rates are available on Mobitel website.

Individuals (natural persons or sole proprietors) - post-paid users

Individuals (natural persons or sole proprietors) - pre-paid users

Legal entities

All information is also available in Mobitel centres around Slovenia.

Each SMS message sent is billed. If the content of an SMS message is sent to a list of addressees, the number of SMS messages billed is equivalent to the number of addressees on the list.

Pre-paid users can send SMS messages until the balance on the Mobi account (pre-paid account) shows credit. We recommend that pre-paid users verify balance on their Mobi accounts before SMS messaging.

If the user is a legal entity using WEB Poštar, charges of SMS messages sent will not be billed to the phone number of a person, who is appointed by the legal entity for SMS messaging, but to the legal entity itself by means of sending a special invoice, based on the contract concluded between the legal entity and Mobitel for using WEB Poštar.

Legal entities are billed monthly subscription fee for services of WEB Poštar as stipulated in the contract and according to the current rates of WEB Poštar.

Article 12

In cases when the user has provided the service, but the addressee has a mobile switched off or is out of GSM signal area or has SMS-message inbox full, Mobitel executes the service. Under such circumstances Mobitel does not bill the service. At the same time Mobitel is bound to try to deliver the message to the addressee for another 72 hours after the first attempt has failed. Should a user for a separate SMS message set a shorter expiry time, this SMS message expires earlier and is not delivered to the addressee after the time has expired. After the time has expired, Mobitel discards such messages.

Article 13

Mobitel will bill the user all SMS messages sent. This also includes messages which remained undelivered for a duration of 72 hours or for a duration of the expiry time set for a separate SMS message by the user and for the reasons stipulated in Article 12.

Article 14

The addressee of an SMS message, which has been sent by means of WEB Poštar, may have not received an SMS message instantly or may not have received an SMS message at all due to Mobitel's fault:

If SMS messaging on part of the user has failed, the service requested is not executed and is also not billed to the user;
If SMS messaging on part of the user has been executed successfully, but the addressee has not received an SMS message instantly because of the WEB Poštar system failure, the SMS message is received after the system has recovered; under such circumstances Mobitel bills the services.
Other, in this article unstipulated situations, which can not be predicted and are related to operations of WEB Poštar, are dealt with Mobitel's Complaint Office, following provisions of General Conditions of Use of GSM Services of Telecommunications Network of Mobitel d. d. and provisions of these Terms and Conditions of Use of WEB Poštar.

VIII. Complaints

Article 15

Mobitel shall only deal with written complaints, related to SMS message transfer, which has not been executed. Complaints will be dealt with according to the provisions of General Conditions of Operations and Use of Services of Digital Mobile Public Telecommunications Network of Mobitel, Telecommunications Services d.d. and according to these Terms and Conditions of Use of WEB Poštar.

IX. Unavailability of WEB Poštar

Article 16

Mobitel can deny the services of WEB Poštar to the user, following General Terms and Conditions of Operations and Use of Services of Digital Mobile Public Telecommunications Network of Mobitel, Telecommunications Services d. d. and following these Terms and Conditions of Use of WEB Poštar. The services can also be denied upon the request of the user or holder of the post-paid package.

Article 17

Legal entities can terminate the use of WEB Poštar in writing. The day of the submission of the termination of use is also the day of the termination of the use of the service. The user is obliged to meet all charges up to the day of the termination of use.

X. Final Provisions

Article 18

These Terms and Conditions of Use come in force on May 1, 2004 and are available to all users of WEB Poštar in all Mobitel centres and on Mobitel website.

Article 19

Mobitel reserves the rights to change price-list rates or Terms and Conditions of Use. Mobitel is obliged to notify the user of any changes or amendments of the price list or these terms in an appropriate way. Should the user not agree with the newly stipulated or changed conditions, the user is obliged to terminate the use of WEB Poštar. At the same time the user is obliged to meet all charges of WEB Poštar, up to the day of the termination of use.

Article 20

Any disputes related to WEB Poštar are under jurisdiction of the relevant Ljubljana court.
Ljubljana, 1. 5. 2004
Mobitel, d. d.
As authorized by Managing Director of Mobitel d.d.
Customer-care Department
Belizar Keršič
Director